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Home My WebLink AboutAgenda PZAB 062706Citv of Palm Beach Gardens June 27,2006 'i . \- '- ~ RudCpfi Hamen Dennis Sohun Craig Xunkli! ic fiaeC Panctak lhnq$zs PenneK Barry mesent Jonathan D. Ru6in.s Joy Hecfit (1'' Ak) Amir XaneC(P Ah!.) .* 3, t r- 0 2 ," a, - s 7 \ z - d E s 7 \ z m ? z F \ r P r - 1 : n v: n - a, a, h - C C r- m E 0 0 - .- E 2 m C .L a, K d n s d L .- m 5 a, 0 5 - L (I - - - C a a - C (I (I f - E c m m c; K 8 2 a - - ai 3 Y C - u C .- r % CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: TO: FROM: June 27,2006 Planning, Zoning and Appeals Board Members Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, June 27,2006 - 6:30 P.M. Enclosed is the agenda containing the item to be presented on Tuesday, June 27, 2006. 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: 1. An agenda for the meeting; and 2. A compact disc containing PowerPoint presentations with user instructions; and 3. A Growth Management Department staff report for the item to be heard. As always, the respective Project Manager's telephone number and e-mail address 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. &I D/iLGL+ Daniel P. Clark " Interim Growth Management Administrator CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JUNE 27,2006, AT 6:30 P.M. COUNCIL CHAMBERS CALLTOORDER PLEDGE OF ALLEGIANCE REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR. DAN CLARK APPROVAL OF MINUTES: June 13,2006 PLANNING, ZONING AND APPEALS BOARD Repular Members: Craig Kunkle (Chair) Bany Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins A1 t ern a t es : Joy Hecht (lst Alt.) Amir Kanel(2"' Alt.) 0 SWEARING IN OF ALL PARTIES Planning, Zoning and Appeals Board June 21,2006 Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) 0 1. Petition PCD/NOPC-05-01: Amendment to the Regional Center DRI/PCD (To be postponed to July 25,2006) Public Hearing & Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, agent for Menin Acquistion 1, LLC, to amend the Development Order for the Regional Center Development of Regional Impact (DRI) and the Planned Community Development (PCD) by amending the land-use conversion matrix to allow for the conversion of business office square footage to hotel, residential, and retail; and modify the required minimum and maximum thresholds in the range of floor spaces allocation for the land use chart accordingly. The Regional Center DRI is located at the northeast corner of PGA Boulevard and Alternate AlA and extends eastward to the intersection of PGA Boulevard and Prosperity Farms Road. Project Manager: Brad Wiseman, Planning Manager bwisemaii~~abnll.coin (799-4235) Public Hearing and Recommendation to City Council: Petition LDR-05-08/0rdinance 23,2006: LDR Text Amendment - Development Name and Address Standards Public Hearing and Recommendation to City Council: A City-initiated amendment to the City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to addresses, subdivision names, street names, and the Addressing Committee. 2. 0 Piolect Managei Aries Page. GIS Managel .1p~~c@iihrril co~n (799-4278) Public Hearing and Recommendation to City Council: Corridor Overlay 3. LDR-06-06-000004: City Code Amendment to Section 78-221: PGA Boulevard Public Hearing & Recommendation to City Council: A City-initiated request for approval of a text amendment to Section 78-22 1, PGA Boulevard Corridor Overlay, Code of Ordinances. This City Code amendment provides for the approval of changes to the boundaries of the PGA Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the permitted and prohibited uses within. Pro.ject Manager: Brad Wiseinan, Planning Manager bwisc.iiiai~~~pbnll.coii~ (799-4235) 2 Planning, Zoning and Appeals Board June 27,2006 Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition CUMJ-06-03-000002: Palm Beach Gardens Medical Center Major Conditional Use 4. Public Hearing and Recommendation to City Council: A request by Anne Booth of Urban Design Studio, on behalf of Health Care Property Investors, Inc., to approve the relocation of the previously approved helistop, located within the Palm Beach Gardens Medical Center Planned Unit Development (PUD). The Palm Beach Gardens Medical Center PUD is located at the southeast corner of Burns Road and Gardens East Drive. Pioject Maiiagei Nina Nikolova, Planning Specialist iiiiikolovi(ui,pbeil coni (799-4218) Recommendation to City Council: Petition MISC-04-43: Midtown (aka Borland Center) - Master Signage Program Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, on behalf of Ram Development Company and Palm Beach Community Church, for approval of the Midtown PUD (a.k.a. Borland Center) Master Signage Program. The Midtown Planned Unit Development (PUD) is located at the intersection of Garden Square Boulevard and PGA Boulevard. 5. 0 Pioject Managei Richaid Manelo. Plnnnei iiiidiieio(u~i~b~l1Loln (799-4219) 6. OLD BUSINESS 7. NEW BUSINESS 8. ADJOURNMENT 3 Planning, Zoning and Appeals Board June 27,2006 111 accordance wi!A /Ire Aniericans with Disabili!ies Act and Florida Slutiite 286.26, persons with disabililies needing special accommoda!ioris 10 participole in /his proceeding sliould conlac! the Ci@ Clerk's Oficr. no larer tlianfive days prior 10 the proceeding, a! telephone number (561) 7YY-4120,for assistance; [f hearing impaired, !eleplione the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), .for assistance. If a person decides 10 appeal any decision made bv !he Planning and Zoning Commission, Local Planning Agency, Board of Zoning Appeals, or Land Developmen/ Regulations Commission, with respecr 10 any matter considered a! such meeting or Ilearing, !hey will need u record of !he proceedings; and for such, t1ie.v ma,v need 10 ensure !11ut a vrrba!im record of tlie proceedings is made. which record includes the testimony and evidence upon which !he appeal is 10 be based. Exact legal descrip!ion andlor srirvey for the cases may be oblainedfiorn !lie files in the Grow!A Managemen! Depar!men! Cominoil/pz agenda 6-27-06.doc 4 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING June 13,2006 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 6:35 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 DIRECTOR There was no report by the Growth Management Director. ROLL CALL Debbie Andrea, Secretary for the meeting, called the roll for the Planning, Zoning and Appeals Board: Present Chair Craig Kunkle Vice Chair Barry Present Dennis Solomon Randolph Hansen Michael Panczak Douglas Pennell Jonathan D. Rubins Joy Hecht ( 1 ' Alt .) Amir Kanel (2nd Alt.) Absent All those present intending to offer testimonies in tonight's cases were sworn in. APPROVAL OF MINUTES: MAY 23,2006 Motion was made and seconded to approve the minutes of the May 23, 2006 PZA meeting, and unanimously carried by 7-0 vote. Public Hearinn and Recommendation to City Council: Ex Parte Communication (Ouasi Judicial) Petition CUMJ-04-03-04: Elementary School at Mirasol A request by the School District of Palm Beach County for approval of a Conditional Use and Site Plan to allow the construction of a two (2) story, 127,448 square-foot elementary school on the 16.38-acre elementary school site within the Mirasol Planned Community Development (PCD), generally located on the South side of Hood Road immediately West a of the Florida Turnpike. Planning, Zoning, and Appeals Board Meeting Minutes June 13,2006 Page 2 Vice Chair Present announced he was stepping down due to his association with the School Board. 0 Tanya Deal with the Palm Beach County School District Planning Department presented the project on behalf of the applicant. Mr. Sanchez explained that the original approval did not include access to Hood Road. Chair Kunkle declared the public hearing open. Arnie Seigel of Eastpointe commented he had the survey from 2000 which indicated 32 acres were to be used for a school site; 16 acres were being used now for the elementary school and he had understood there was a 7-year limit, and if nothing was built the land would revert to the developer. School District staff confirmed that by moving forward with the elementary school the reverter requirement had been met, and a middle school would be added when the need was indicated. Mr. Seigel asked how Hood Road access would affect traffic from the Briger site, to which the response was, that was not yet known. Chair Kunkle called for ex-parte communication; no one reported ex-parte. MOTION: Mr. Rubins made a motion to recommend to City Council approval of Petition CUMJ- 06-03-04. Mr. Pennell seconded the motion, which carried by unanimous 6-0 vote, as no alternate had taken Mr. Present’s seat on the board. Mr. Present was re-seated on the board. Public Hearinn and Recommendation to Citv Council: Ex Parte Communication (Ouasi Judicial) Petition PCDAVOPC-05-01: Amendment to the Renional Center DWPCD Public Hearing & Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, agent for Menin Acquisition 1, LLC, to amend the Development Order for the Regional Center Development of Regional Impact (DRI,) and the Planned Community Development (PCD) by amending the land-use conversion matrix to allow for the conversion of business olfice square footage to hotel, residential, and retail; and modifv the required minimum and maximum thresholds in the range of floor spaces allocation for the land use chart accordingly. The Regional Center DRI is located at the Northeast corner of PGA Boulevard and Alternate AlA and extends Eastward to the intersection of PGA Boulevard and Prosperity Farms Road Chair Kunkle announced that there had been a request for postponement; however, since this petition had been advertised he would need to open the public hearing. Chair Kunkle declared the public hearing open. There were no comments from the public. Planning, Zoning, and Appeals Board Meeting Minutes June 13,2006 Page 3 0 MOTION: Mr. Solomon made a motion to continue the public hearing for petition PCD/NOPC-05- 01 to a date certain of June 27,2006. Mr. Panczak seconded the motion, which carried by unanimous 7-0 vote. Public Hearina and Recommendation to Citv Council: Ordinance 16. 2006Petition LDRA-06-05-03: Citv-initiated Public Notice Requirements Public Hearing and Recommendahon to City Council: A City-initiated request to amend the Palm Beach Gardens Land Development Regulations relating to the public notice requirements for development applications. Planning Manager Kara Irwin presented the staff report. Chair Kunkle declared the public hearing open. Hearing no comments fiom the public, Chair Kunkle declared the public hearing closed. MOTION: Mr. Panczak made a motion to recommend to City Council approval of Petition LDRA- __ 06-05-03. Mr. Rubins seconded the motion, whichcarried by unanimous 7-0 vote. OLD BUSINESS Mr. Kanel reported, that had spoken to Don Hearing regarding the second item on tonight’s agenda which had been postponed. Mr. Hearing advised him of the improvements planned for the regional center. Mr. Kanel commented residents did not know the plan for the City, that there was concern about high rises, and everything seemed to just be approved by using waivers. Mr. Kanel indicated he was not against development, but there needed to be a plan, a vision for the City, especially with Scripps coming. Mr. Kanel asked if there was a master plan that could be published. Mr. Sanchez responded at the last City Council meeting there had been discussion of a professional planning entity holding a charrette of what they thought the vision should be and getting input fiom the Council, residents, and this board, and then establishing a vision for the City, but no date had been set. Chair Kunkle asked for a presentation at the first meeting in July using a master City site plan showing with colors what had been approved, what was vacant, the downtown section, the high-rise section, where sprawl was going to occur, etc. Mr. Kanel commented the biggest unknown was the Vavrus site, and a consultant who worked for Vavrus had approached the Steeplechase board wanting to make a presentation on the benefits of development at the Vavrus site. Mr. Kanel had turned down the offer since he was on the Planning and Zoning board. Ms. Irwin advised staff had been following the master plan and the projects that had been approved had been done legally according to that plan, and staff could get a presentation together within 30 days. Ms. Hecht reported Mr. Wu had felt the whole area South of PGA would be changing. Chair Kunkle commented as neighborhoods grew older there would be changes, and redevelopment of existing areas should also be included in the master plan. 0 Planning, Zoning, and Appeals Board Meeting Minutes June 13,2006 Page 4 Mi-. Hansen commented on the roof lines at Legacy Place. Mr. Sanchez reported he had contacted the developer, who was correcting those and the buildings which appeared to be two stories. Discussion ensued regarding buildings along PGA Boulevard. ' 0 Mr. Pennell asked about revisions to Downtown at the Gardens, which was still rather vanilla, and not what the board originally had seen and expected. Mr. Sanchez indicated there would be a report at the next meeting. Discussion ensued. Mi. Pennell expressed his regret over not standing with Mr. Solomon on the video wall. Mr. Solomon suggested changing the wall in front of the lake to make part of it grillwork so that the lake could be seen. Mr. Present requested this project be brought back to see if what had been built was as approved, and the City Attorney advised there would be recourse if what had been built was not what had been approved, so it was important to go back and check against the approvals. Mr. Panczak indicated many storefronts were still covered with stuccoed plywood and would look much different when the stores opened. Consensus was to review the approved plans to see if there were significant variations. NEW BUSINESS There was no new business to come before the board. 0 Planning, Zoning, and Appeals Board Meeting June 13,2006 Page 5 ADJOURNMENT There being no fbrther business, the meeting meeting will be held June 27, 2006. Minutes was adjourned at 7:08 p.m. The next regular APPROVED: - Craig Kunkle, Jr., Chair - - -- Barry Present, Vice Chair Dennis Solomon Randolph Hansen Douglas Pennell Michael Panczak Jonathan Rubins Joy Hecht Amir Kanel Debbie Andrea, Secretary for the Meeting CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: May 1,2006 Meeting Date: June 27,2006 Ordinance 23,2006 Petition: LDR-05-08 SUBJECT/AGENDA ITEM Petition LDR-05-08/0rdinance 23,2006: LDR Text Amendment - Development Name and Address Standards Public Hearing and Recommendation to City Council: A City-initiated amendment to the City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to addresses, subdivision names, street names, and the Addressing Committee. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Christine P. Tatum Finance NIA Growth Manage Administrator Approved By: City Manager Ronald M. Ferris Originating Dept.: Growth Management: Manager * Project Aries Page GIS Manager [ ] Quasi - Judicial [XI Legislative [XI Public Hearing Advertised: Date: Paper: Palm Beach Post [XI Required Affected Parties: [ ]Notified [XI Not Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other- Budget Acct.#: NIA PZAB Action: [ 3 Approved App. wl conditions Denied Rec. approval Rec. app. wl conds. Rec. Denial [ ] Continued to: Attachments: 0 Legal Advertisement 0 Ordinance 23,2006 Date Prepared: May 1,2006 Meeting Date: June 27,2006 Ordinance 23,2006 Petition: LDR-05-08 In July of 2000, the city added language to the Code of Ordinances providing for regulations regarding addresses, subdivision names and street names. These were implemented in order to provide procedures for new developments (commercial and residential) throughout the city. As time has gone on, the standards for all three processes have developed not only through GIS (Geographic Information Science), but Emergency Services (Police and Fire Rescue) as well. CPTED (Crime Prevention through Environmental Design) as well as Fire Rescue concerns have also been included into the approval process. City Staff has identified a need for clarification of the process and standards for identifying names and addresses on city streets. Staff has also identified inconsistencies with address size and type throughout the city and wishes to propose a method for these areas to come up to code. Section 78-275, Code of Ordinances, entitled Addresses, is stated below: All residential and nonresidential structures shall post the building address in a location conspicuous fiom the adjacent public or private right-of-way. The size of residential address numbers shall not exceed six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as otherwise approved by the growth management director based upon the specific height of the building to which the numbers are attached. Section 78-483, Code of Ordinances, entitled Subdivision Name, is stated below: The proposed name of a subdivision shall not duplicate, closely resemble, or phonetically closely approximate the name of any other subdivision in the city. However, when an existing subdivision is subdivided as an additional unit or section, the same name, differentiated by number or other means, may be used. Section 78-493, Code of Ordinances, entitled Street Names, is stated below: (a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. 2 Date Prepared: May 1,2006 Meeting Date: June 27,2006 Ordinance 23,2006 Petition: LDR-05-08 PROPOSED LANGUAGE 0 - The proposed amendments to the City’s LDRs are as follows: Section 78-28. Addressing Committee (a) Establishment. There is hereby established the addressing committee, to consist of a representative from the growth management department. specifically the GIS planner, the police department and the fire department, and the growth management - director. The growth management director shall serve as chair of the committee. (b) The committee shall have the following responsibilities: (1) Review and approve address plans, street names, and subdivision names for developments; (2) Ensure that approved address plans are consistent with the requirements of the city’s comprehensive plan and land development regulations; (3) Provide specific comments regarding consistency of addresses, street names and subdivisions with the requirements detailed in the city’s addressing guidelines; and (4) Provide specific recommendations for changes if an addressinp plan is not consistent with applicable requirements ***** Section 78-275. Addresses All residential and nonresidential structures shall post the building address in a location wmpkww viewable and unobstructed from the adjacent pub ic or private right-of-way. Address numbers and letters shall be contrasting color to the background to which they are attached, must be visible at all times and must be illuminated for night time viewing. 5 3 The height of the address numbers and letters for a single family home should be a minimum of six (6) inch numbers and letters. All other single story properties shall use a minimum height of twelve (12) inch numbers and letters. All suite numbers shall be a minimum height of six (6) inches, unless such numbers and letters are illuminated in which case a minimum height of four (4) inch numbers and letters may be used. All nonresidential buildings greater than one story shall use address numbers and letters of 16 inch height, t~ ~~ committee based upon specific height of the building to which the numbers and letters are attached. .. 12 ‘ , or as otherwise approved by the addressing ***** Section 78-483, Subdivision Name. . .. (aJ Duplication. *w cf z SI>, c!- 3 Date Prepared: May 1,2006 Meeting Date: June 27,2006 Ordinance 23,2006 Petition: LDR-05-08 . Every subdivision shall be given a name by which it shall be emis section, that name is the “subdivision name.” The subdivision name shall not be the same or in any way so similar to any name appearing on any recorded plat within one mile of the city boundary as to confuse or mislead the public as to the identity of the subdivision, except when the subdivision is further divided as an additional unit or section bv the same developer or the developer’s successors in title. Jb) Approval. Subdivision names shall be approved by the addressing committee. ***** Section 78-493. Street Names (a) Duplication. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. ~ ~ (b) Extensions. New Streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. Each road shall have the same name throughout its entire length, when feasible, as determined bv the addressing committee. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city> addressing committee and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. ***** SUMMARY OF PROPOSED CHANGES The changes proposed above will provide the City with stronger language as it refers to not only the addressing committee, but the whole approval process as well. The proposed changes will allow for the addressing committee to have the final approval for all addresses, subdivision and street names within the city. Addressing Committee: The Committee; made up of the GIS planner, Fire Rescue and Police, and the Growth Management Director, will take into account any issues or concerns with each proposal. Addresses: Must be contrasting in color to building, illuminated for nighttime viewing. Residential single family address numbers should be a minimum of six (6) inches, all other single story properties shall be minimum twelve (12) inches. All suite numbers shall be minimum height six (6) inches unless illuminated, which requires a four (4) inch minimum. All nonresidential buildings greater than one story shall be sixteen (1 6) inches in height. This allows for the building to have its address number placed at alocation higher than the first story. Subdivision: There shall be no duplication in subdivision name appearing on any recorded plat within one mile of the city boundary. All subdivisions must be approved by the Addressing Committee. 4 Date Prepared: May 1,2006 Meeting Date: June 27,2006 Ordinance 23,2006 Petition: LDR-0548 Street Names: Each road shall have the same name throughout its length. Names shall be approved by the Addressing Committee. ITEMS FOR DISCUSSION Standard Minimum size address for all non-residential single story buildings. Method for updating older areas within the city. A standard minimum size address for all commercial and residential areas is needed for the city. By establishing a minimum, the occupant may select a larger size or the minimum value, but nothing less. Because of life safety concerns, such as responding to emergency situations and locating houses or buildings, this is extremely important. Within some of the older developments within the city, there is no enforcement of the address code. With this ordinance, staff would like to propose a method for bringing these areas up to code as well as a minimum size number for everyone to follow. Currently staff has been recommending that all non-residential single story buildings have a minimum of 12 inch address numbers, while all residential single family address numbers should be a minimum of 6 inches. Since we are currently using these numbers, staff recommends keeping this as a minimum. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition LDR-05-08/0rdinance 23,2006. 5 CE 23,2 RDI PALM BEACH GAR CODE OF ORDINANCES RELATED TO STREET NAMES AND ADDRESSES BY CREATING A NEW SECTION 78- 28, ENTITLED ”ADDRESSING SECTION 78-275, ENTITLED SECTION 178-483, ENTITLED AMENDING SECTION 79-49 AU OF CHAPTER 78,*”LAN CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. Management Departmen Municipal Com lex BuiI holidays. , PLEASE TAKE NOTICE AND BE ADVISED tha party wishes to appeal any decision made , and Appeals Board with respect to any matter consi zoniT eted at this public hearing, such interested persons will need a record of the roceedings and ma qeed to ensure Monday throug R Friday, that a verbatim recor CP. IS made, including t 1: e ich the appeal is to be based. h the Americans with Disab Section, 286.26, Florida Statutes, persons w needin special accommodations in order to participate in this procJing are entitled to the provision of certain assistance at no cost. Please call the City Clerk‘s Office at 561 -799-41 22 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-755-8771 (TDD) or 800-955-8770 (VOICE). Aries Page, GIS Manage c SH: June 17,2 I 0: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ai 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 .“’ Date Prepared: February 9,2006 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 23,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES RELATED TO STREET NAMES ENTITLED “ADDRESS1 N G COMMITTEE”; AM ENDING SECTION 78-483, ENTITLED “SUBDIVISION NAME”; AND AMENDING SECTION 78-493, ENTITLED “STREET NAMES”; ALL OF CHAPTER 78, “LAND DEVELOPMENT” OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. AND ADDRESSES BY CREATING A NEW SECTION 78-28, S E CTI 0 N 78-275, E NTlT LE D “ADD RES S ES” ; AM EN D I N G WHEREAS, there is a need to clarify the process and standards for identifying names and addresses on city streets and city staff has initiated amendments to the City Land Development Regulations to accomplish this purpose; and WHEREAS, on , 2006, the Planning, Zoning and Appeals Board, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the amendment to the City’s Land Development Regulations; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFOREl BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby creates Section 78-28, “Addressing Committee;” amends Section 78-275, “Addresses;” amends Section 78-483, “Subdivision Names;” and amends Section 78-493, “Street Names;” all of Chapter 78, “Land Development” of City Code of Ordinances, to read as follows: indicates unchanged language omitted for brevity.) (Note: II* * *n Section 78-28. Addressing Committee. IF I 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 e 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Date Prepared: February 9,2006 Ordinance 5,2006 (a) Establishment. There is hereby established the addressing committee, to consist of a representative from the growth management department, specifically the GIS planner, the police department and the fire department, and the growth management director. The qrowth management director shall serve as chair of the committee. (b) The committee shall have the following responsibilities: (I ) Review and approve address plans, street names, and subdivision names for develop men ts ; (2) Ensure that approved address plans are consistent with the requirements of the city’s comprehensive plan and land development requlations; (3) Provide specific comments regardinq consistency of addresses, street names and subdivisions with the requirements detailed in the city’s addressing guidelines; and (4) Provide specific recommendations for chanqes if an addressing plan is not consistent with applicable requirements. * * * Sect ion 78-275. Add resses . All residential and nonresidential structures shall post the building address in a location axspkws viewable and unobstructed from the adjacent public or private right- of-way. Address numbers and letters shall be contrastinq color to the background to which they are attached, must be visible at all times and must be illuminated for night time . The height of the address numbers and letters for a sinqle family home should be a minimum of six (6) inch numbers and letters. All other single story properties shall use a minimum heiqht of twelve (12) inch numbers and letters. All suite numbers shall be a minimum height of six (6) inches, unless such numbers and letters are illuminated in which case a minimum heiqht of four (4) inch numbers and letters may be used. All nonresidential buildings qreater than one story shall use address numbers and letters of 16 inch height, oras otherwise approved by the 7 addressing committee based upon specific height of the building to which the numbers and letters are attached. .. mm - * * * Section 78-483. Subdivision name. 2 \ c Date Prepared: February 9,2006 Ordinance 5,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 @ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ... (a) Duplication. 2, C!W shall be given a name by which it shall be legally known. For the purpose of this section, that name is the “subdivision name.” The subdivision name shall not be the same or in any way so similar to any name appearing on any recorded plat within one mile of the city boundary as to confuse or mislead the public as to the identity of the subdivision, except when the subdivision is further divided as an additional unit or section by the same developer or the developer’s successors in title. /b) Approval. Subdivision names shall be approved by the addressing committee. * * * Section 78-493. Street Names. (a) Duplication. Street names for a subdivision which will duplicate or be confused with the names of existing streets in the city shall not be used. Street names which will duplicate or be confused with the names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used. (b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the same name as the existing streets. Each road shall have the same name throughout its entire length, when feasible, as determined by the addressing committee. (c) Approval. All street names, street numbers, and address numbers shall be approved by the city’s addressing committee and post office prior to recording the final plat. (d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision. The type and location of street signs are to be approved by the city engineer. * * * SECTION 3. Codification of this Ordinance is hereby authorized and directed. SECTION 4. This Ordinance shall become effective immediately upon adoption. This portion intentionally left blank 3 . I 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Date Prepared: February 9,2006 Ordinance 5,2006 PASS ED this day of , 2006, upon first reading. PASSED AND ADOPTED this day of , 2006 upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Joseph Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: RV- UI. Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine Tatum, City Attorney AGAINST ABSENT 4 CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS COMMISSION Agenda Cover Memorandum Date Prepared: June 2,2006 Meeting Date: June 27,2006 Petition: LDR-06-06-000004 Sub ject/Agenda Item: LDR-06-06-000004: Code Amendment to Section 78-221 PGA Boulevard Corridor Overlay Public Hearing & 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 approval of changes to the boundaries of the PGA Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the permitted and prohibited uses within. [XI Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: City Attorney Christine Tatum, Esq. Development Compliance NA Bahareh Keshavarz, AICP Interim Growth Management Administrator- Daniel P. Clad, P.E. Approved By: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Project Jg Manager Brad Wiseman Planning Manager [ ] Quasi-Judicial uc] Legislative [XI Public Hearing Advertised: Date: 6/16/06 Paper: PB Post [XI Required Affected parties: [ ]Notified [XI Not Required FINANCE: Costs: $-N/A Total $- NIA- Current FY Funding Source: [ ] Operating [XI Other NIA Budget Acct.#: NA LDRC Action: [N/A] Approved [N/A] App. w/ conditions [N/A] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [N/A] Continued to: Attachments: 0 Ordinance 18,2004 0 Section 78-22 1 Petition: LDRA-06-06-000004 Date prepared: June 2,2006 Meeting Date: June 27,2006 BACKGROUND 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 further 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. Most recently, on July 20,2000, the City adopted Chapter 78- Land Development 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 latest 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 has 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 staff and the business community. For this reason, staff initiated the code amendment to clarify the language relating to uses within the overlay. CITY CODE AMENDMENT This City Code amendment provides for the approval of changes to the boundaries of the PGA Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the permitted and prohibited uses within. Section 78-221 is amended to state the following: (Deletions are &RE&, new language is underlined): (c) Applicability and Effects (1) Applicability. (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 major amendments to previous approvals, or any redevelopment j 2 Petition: LDRA-06-06-000004 Date prepared: June 2,2006 Meeting Date: June 27,2006 ushall conform with these regulations. Further, an unbuilt or built phase of an approved development, which phase has a valid site plan approval as of (date of adoption of Ordinance 25,2006). is not required to conform to the new standards of Ordinance 25,2006. 0 Section 78-49, Code of Ordinances, provides a process for development order amendments. Certain amendments, such as increasing on-site amenities, minor site and landscape plan modifications, and upgrading the site are considered a minor amendment, which staff is authorized to approve administratively. The existing language in the overlay is not clear in terms of minor and major amendments relating to conformance with the standards. It is staffs professional opinion that the intent is not to discourage applicants from making improvements by requiring the site to come into conformance at the time an administrative amendment is requested. Staffs position is that the intent is to require this conformance at such time a major amendment is requested. Therefore, staff is seeking to clarify this language. The existing PGA Boulevard Corridor Overlay is not clear in terms of its application for developments with un-built phases. It is staffs professional opinion that future un-built phases without site plan approval should comply with the overlay; however, said un-built phases should not initiate previously built, and or site plan approved phases, to comply with the overlay. (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, or for a one parcel depth, whichever is =eater, within the city limits. portion of a PUD fronts or abuts PGA Boulevard, then all parcels within said PUD shall be included in the overlay. 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. 0 The purpose of the modification to the overlay boundaries is to ensure that each parcel of land abutting PGA Boulevard, for development purposes, will be included in the overlay regardless of property depth. For example, entire PUDs that front upon PGA Boulevard will be subject to the overlay standards. Additionally, entire non-residential components of a PCD that front upon PGA Boulevard will also be subject to the regulations of the overlay. This will allow the City to treat each development along PGA Boulevard as a whole as it relates to the overlay, rather than arbitrarily excluding portions of a PUD and non-residential components of a PCD solely on the 1,000-foot distance requirement. (d) Site development guidelines. (1) District Uses. b. Permitted and prohibited uses. Those uses permitted, conditionally permitted, and prohibited within the PGA Boulevard corridor overlay are listed below: 3 Petition: LDRA-06-06-000004 Date prepared: June 2,2006 Meeting Date: June 27,2006 1. Permitted uses shall consist of the following: (iii) Personal services that are not wholesale or discount in nature: bankhancia1 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 repair stations existing prior to (date of Ordinance 25, 2006) ; day spa; dry cleaning (m&+e&mg PGh 43edwa&; pick-up and drop-off only); photo studio and processing; picture framing; studio* (instructional or professional); and travel agency. (vi;) Specialty retail uses that are not wholesale or discount in nature: antique shop; appliance and/or electronics store; art gallery, museum, and/or 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 (wA=we- &mj; floral or florist shop; furniture store; gift shop; grocery store (specialty); ice cream shop; interior design (including sales); houseware sales; jewelry store (including repair ofjewelry 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. 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; selhkmp; 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, not including mobile home parks existinp prior to (date of the adoption of Ordinance 25, 2006); and drive-in facilities unless as an accessory use to a bank or drug store. 3. 0 - 4. The City Council shall have the discretion to approve, as a major conditional use, an additional use that is not specifically listed herein as permitted or prohibited. if the use is consistent with the spirit and intent of the overlay. The above mentioned modifications related to gas stations will allow existing gas station parcels to be considered conforming, which would allow redevelopment and major amendments thereto. However, additional gas stations, beyond the existing five locations, would remain prohibited. Presently, there are dry cleaning services fronting upon PGA Boulevard. However, new or expanded dry cleaners are prohibited. It is staffs professional opinion that this is an attractive use consistent with the intent of the overlay and should be made conforming. 4 Petition: LDRA-06-06-000004 Date prepared: June 2,2006 Meeting Date: June 27,2006 0 Currently, drive-thru lanes are only allowed as an accessory to a bank. The previous amendment to the overlay required that these drive-thru lanes shall not face PGA Boulevard. It is staffs professional opinion that the same requirement for pharmacies would be consistent with the intent of the overlay. Self-storage is a prohibited use in the overlay. However, it is staffs professional opinion that such a use can be attractive for the community if designed with sound planning principles and significant architectural features. Therefore, staff recommends that it is not included as a prohibited use. Mobile home parks are currently a prohibited use within the overlay. However, the City does have one mobile home park (The Meadows) in the overlay adjacent to PGA Plaza. Consistent with the approach staff has taken for gas stations, staff recommends that the existing mobile home park be classified as a conforming use. However, new mobile home parks would remain prohibited within the overlay. Currently, a proposed use not listed within the overlay as permitted or prohibited, and is not similar to a permitted use, is prohibited. For such a use to be allowed, the applicant would have to file an amendment to the overlay. It is staffs position that uses change through the years and such a use may not be included in the list, but meets the spirit and the intent of the overlay. Furthermore, self- storage may be appropriate in certain circumstances. In these cases, staff recommends that the major conditional use process be followed to allow the City Council flexibility in approving uses consistent with the overlay. 0 (4) 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 or 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, outdoor seating with or without service for restaurants,and pedestrian amenities such as meandering sidewalks, kiosks, or signage within the setback. It is staffs professional opinion that outdoor seating for restaurants is a pedestrian amenity that furthers the intent of pedestrian activity within the PGA Boulevard parkway and the interaction within mixed use developments. The purpose of this modification is to clarify this intention. (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 nw&&x&m of an existing approval, time extension, or major site plan 5 Petition: LDRA-06-06-000004 Date prepared: June 2,2006 Meeting Date: June 27,2006 amendment, 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. 0 As stated previously, Section 78-49, Code of Ordinances, provides a process for development order amendments. Certain amendments, such as increasing on-site amenities, minor site and landscape plan modifications, and upgrading the site are considered a minor amendment, which staff is authorized to approve administratively. The existing language in the overlay is not clear in terms of minor and major amendments relating to the requirement to rezone to a PUD or PCD. It is staffs professional opinion that the intent is not to discourage applicants from making improvements by requiring a rezoning at the time an administrative amendment is requested. But to require this rezoning at the time a major amendment is requested. Therefore, staff is seeking to clarify this language. STAFF RECOMMENDATION Staff recommends approval of petition LDR-06-06-000004. 6 .I 0: 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 46 0 Date Prepared: May 26,2004 As Amended at Second Reading: August 5,2004 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 I, 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 grant any waiver of intensitv 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: *** o1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6I 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 046 Date Prepared: May 26,2004 Ordinance 18,2004 As Amended at Second Reading: August 5,2004 1. Permitted uses shall consist of the followinq: (i) Cultural, entertainment, and recreational uses: private club or lodge*; public park: and theater** (500-seat max). [ii) Ofice uses: medical or dental office, clinic or supply sales: optician or optometrist office: and professional and business off ice, (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); day spa; dry cleaninq (not frontinq PGA Boulevard: pick-up and drop-off only); photo studio and processinq; picture framinq; studio* (instructional or professional): and travel agency. {iv) Public and institutional facilities: churches and places of worship**; college or university, public or private**; qovernmental uses: hospital, public or private**: post office**: and schools, public or private**. (v) Research and light industrial uses: laboratory** (qeneral, dental, or medical, or industrial research and development); minor utilities and accessorv uses; and passenqer and transit stations**. (vi) Residential uses: hotel; multifamily dwellinq: and sinqle-family dwellinq. (vii) Specialty retail uses that are not wholesale or discount in nature: antique shop: appliance and/or electronics store: art gallery. museum, and/or studio: bakery; bookstore: bridaVformalwear store; camera and photography sales and service: candy, nuts, and confectionarv sales; card store: clothing store: department store (specialty or full line): drug store (no drive-thru): floral or florist shop: furniture store: qift shop; qrocew store (specialtv): ice cream shop; interior desiqn (includinq sales): houseware sales: jewelry store (including repair of jewelry and clocks): leather qoods and luqqaqe store: music and musical instrument sales: news and magazine sales; office equipment sales; optical retail sales: potterv shop; restaurant (no drive-thru: no exterior take-out windows); shoe store: sporting qoods sales; telecommunication equipment sales (for personal use only); tobacco shop: toy store: and video and video qame rental and sales. * Minor Conditional Use approval required. ** Maior Conditional Use approval required 2 t 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 I I Date Prepared: May 26,2004 I 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 upon approval bv the qrowth manaqement director. Appeals to such determinations shall be made to the planning, zoninq and appeals board. - 3.Z Prohibited uses shall consist of those prohibited uses in the underlving zoninq district, as well as auto, recreational vehicle, truck, and similar vehicle sales, storage, and repair; wholesale, discount, tAWwage and outlet stores twl#efS;m;- stores havinq a buildinn footprint in excess of 40,000 W&MJQ 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. 4. This section shall not be construed or held to affect the riqhts of (1) any existing established business, its successors, or assigns. to continue in a use or structure that may otherwise become a leqal nonconformity as a result of the passage of Ordinance 18. 2004 or (2) any use specifically approved bv a development order granted by the City prior to the effective date of Ordinance 18,2004. (d)(l IC. Single-entity retail users. Single-entity retail users mamk,, Boulevard corridor overlay, subject to the requirements of this division and the additional requirements listed below. *** 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. *** I ,-’ 01 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: 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 building 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)( 1)b establishing minor conditional uses shall become effective upon the effective date of Ordinance 18, 2004. PASSED this 1 ST day of Td W PASSED AND ADOPTED this day of W- I i i I , 2004, upon first reading. , 2004, upon second and final reading. CITY F4 GARDENS FOR J Joseph Russo, Vice Mayor David Levy, Councilmember ATTEST: n BY: Patricia Snicier, CitytIek APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: < rhristine P. Tatum, City Attorney AGAINST ABSENT L U G:bttorney-share\ORDINANCES\pga blvd cor overlay use regulations - ord 18 2004-as amended at second reading.doc 4 < ’4 1 0: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 ii 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 Date Prepared: June 7. 2006 ORDINANCE 25,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, BOULEVARD CORRIDOR OVERLAY” OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. AMENDING SECTION 78-221, ENTITLED “PGA 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 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 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 July , 2006, which recommended its approval by a vote of ---; and WHEREAS, the City Council has determined the adoption of this Ordinance to be 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): .I 3 0: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 E 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0 46 Date Prepared: June 7. 2006 Ordinance 25, 2006 Section 78-221. PGA Boulevard Corridor Overlay. (a) Scope. shall apply to all lands within the PGA Boulevard corridor overlay. The planning and design regulations established in this division * * * (c) Applicabilify and Effects. (1) Applicability. * * * (b) Existing approvals. While existing development and approvals granted prior to August 18, 1994, are not required to comply with the standards a this division, any major amendments to previous approvals, or any redevelopment 3 ed-time Ad t nr t *shall conform with these regulations. Further, an unbuilt or built phase of an approved development, which phase has a valid site plan approval as of (date of adoption of Ordinance 25, 20061, is not required to conform to the new standards of Ordinance 25, 2006. * * * (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, or for a one parcel depth, whichever is greater, within the city limits. If a portion of a PUD fronts or abuts PGA Boulevard, then all parcels within said PUD shall be included in the overlay. 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. * * * ite development guidelines. (1) District Uses. * * * b. Permitted and prohibited uses. Those uses permitted, conditionally permitted, and prohibited within the PGA Boulevard corridor overlay are listed below: 2 Date Prepared: June 7, 2006 Ordinance 25, 2006 0: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Permitted uses shall consist of the following: * * * (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 qas sales and auto repair stations existing prior to (date of Ordinance 25, 2006) ; day spa; dry cleaning (- Prw ; pick-up and drop-off only); photo studio and processing; picture framing; studio* (instructional or professional); and travel agency. * * * (vii) Specialty retail uses that are not wholesale or discount in nature: antique shop; appliance and/or electronics store; art gallery, museum, and/or 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 ; 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. * * * 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; -; 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, not including mobile home parks existing prior to (date of the adoption of Ordinance 25, 2006); and 3 f 1 0: 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 0 46 - 4. (4) Date Prepared: June 7, 2006 Ordinance 25,2006 drive-in facilities unless as an accessory use to a bank or drug store. The City Council shall have the discretion to approve, as a maior conditional use, an additional use that is not specifically listed herein as permitted or prohibited, if the use is consistent with the spirit and intent of the overlay. * * * 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 or 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, outdoor seatinq with or without service for restaurants, and pedestrian amenities such as meandering sidewalks, kiosks, or signage within the setback. * * * (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 twdtk&m of an existing approval, time extension, or maior site plan amendment, 8~ 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. . SECTION 3. Codification of this Ordinance is hereby authorized and directed. SECTION 4. This Ordinance shall become effective immediately upon adoption. 4 I, . I Date Prepared: June 7, 2006 Ordinance 25, 2006 1 PASSED this day of , 2006, upon first reading. 4 PASSED AND ADOPTED this day of , 2006, upon 5 second and final reading. 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 11 12 13 14 15 16 17 18 19 20 0 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 BY: Joseph Russo, Mayor Jody Barnett, Vice Mayor Eric Jablin, Councilmember David Levy, Councilmember Hal Valeche, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney 5 * .I 0 Q 78-193 PALM BEACH GARDENS CODE 0 0 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. '. ..d 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. b. c. d. Ensure that new development or redevelopment projects preserve and enhance the existing visual character of the corridor. Supp. No. 15 CD78:186 I 1 LAND DEVELOPMENT 0 78-221 e. Use regulations. The use regulations in this division are intended to create an urban environment 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. (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, any amendments to previous approvals, redevelopment, or development approvals which have been granted time extensions for a previously-approved development plan or the continuation of a partially-developed development plan 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. Conflicts. !lt~ 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) (a) 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. 16 CD78:187 0 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: --> (vii) Specialty retail uses that are not wholesale or discount in nature: antique shop; appliance and/or electronics store; art gallery, museum, andlor studio; bakery; bookstore; briddformalwear store; camera and photography sales and service; candy, nuts, and confectionary sales; card store; clothing store; department store (specialty or full line); drug store (no drive-thru); floral or florist shop; furniture store; giR 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 instru- ment 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. Cultural, entertainment, and recreational uses: private club or lodge*; public park; and theater** (500-seat max.) Office uses: medical or dental office, clinic or supply sales; optician or optometrist office; and professional and business office. Personal services that are not wholesale or discount in nature: banW 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); day spa; dry cleaning (not fronting PGA Boulevard; 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; and passenger and transit stations**. Residential uses: hotel; multifamily dwelling; and single-family dwell- ing. Supp. No. 16 CD78:188 LAND DEVELOPMENT 9 78-221 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. 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; 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. 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 No. 18-2004 or (2) any use specifically approved by a development order granted by the City prior to the effective date of Ordinance No. 18-2004. 3. 4. c. 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; The design is compatible with the objectives of the PGA Boulevard corridor overlay; (iii) The design is consistent with the architectural style of adjacent buildings; (iv) The design enhances the appearance of the entire PGA Boulevard corridor; 2. 3. (ii) Supp. No. 16 CD78:188.1 0 78-221 d. e. f. g- PALM BEACH GARDENS CODE (v) 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; (vi) 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. 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) 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 (v) 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, defemng 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 furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. 4.1 6. (2) 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 Supp. No. 16 CD78:188.2 (3) (4) LAND DEVELOPMENT Q 78-221 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. This 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 or 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 art in public places, transit stops and pedestrian amenities such as meandering sidewalks, kiosks, or signage within the setback. 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 modification of existing approval, time extension, site plan amendment, or development order change 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. (0 Boulevard landscape theme and parkway guidelines. (1) Tree preservation. a. Vegetation preservation. In an effort to preserve expansive open spaces and native vegetative communities, development shall be clustered to preserve large areas of open space and the existing natural vegetation shall be presexved whenever possible, except invasive exotic plant species. Supp. No. 10 CD78: 189 p 78-221 PALM BEACH GARDENS CODE 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 comdor. 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 greenbelt shall have undulating berms, located generally along rights-of-way. Wm- 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 shdl 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 Supp. No. 10 CD78:190 LAND DEVELOPMENT 0 78-221 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 intersection/entrance landscaping, which is required consistent with division 7 of article V, also shall be installed. (8) Berms. Berming and mounc ing of the site shall utilize long and gentle ~opes. 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:l. Berms greater that five feet in height shall not exceed 3:l in slope. Supp. No. 10 CD78:191 9 7am PALM BEACH GARDENS CODE (9) Fences and walls. Fences and walls shall not be visible hm 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 rightssf-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. 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. Design concepts. Consistent with comprehensive plan policy 1.1.6.5 and the corridor 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. Median landscaping shall be provided to continue and enhance the aesthetics and character of the comdor. Median landscaping shall meet the requirements listed below. 1. 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 comdor landscaping theme, is encouraged. Landscaped areas shall be regularly maintained in a neat, orderly and healthy appearance consistent with section 78-329. c. d. e. 2. Supp. No. 10 CD78:192 LAND DEVELOPMENT 0 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. 'IFansit stops. Transit stops, where applicable, shall be provided by the property owner within the boulevard greenbelt. These transit stops shall provide a 144-foot 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 corridor. 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. (12) 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 trac 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. Buildings 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 Yj 78-221 PALM BEACH GARDENS CODE b. Visible facades. All building facades visible &om 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. c. 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. 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. "his 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 comdor. Trademark forms and colors. Buildings and structures which use trademark OT 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 embellishments. Roof overhangs. Unless specifically designed otherwise, 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 highest portion of mechanical equipment, such as backflow preventers, meters and valves for public utilities operations, satellite antennas, heating and ventilating, air-conditioning, or other utility 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 architectural 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 ea& berming or both, as established in sections 78-313 and 78-314. Supp. No. 10 CD78:1,94 LAND DEVELOPMENT 0 78-221 . (7) Gutters and down spouts. Gutters and down spouts shall be painted to match the surface to which they are attached. Gutters and down spouts may, however, be painted in such a way so as to become a design element if the color is consistent with the color scheme of the building. (8) Service yards, storage yards, and loading docks. All refuse and waste containers, recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service yards, storage yards, and loading docks shall be located in the rear or side yard. All such service equipment and service areas shall be screened from view from any street or adjoining property by means of a wall, landscaping, or other methods approved by the city council. Shopping carts. If shopping carts are permitted, shopping cart corrals shall be required, subject to the standards listed below. a. (9) Screening. Outdoor cart storage areas shall be screened from view by means of a wall, substantial landscaping or other methods approved by the city council. Materials. The corrals shall be Constructed of solid walls, and constructed of materials compatible with the primary structure. Landscaping. Shopping cart corrals shall be landscaped in a manner compatible with the overall landscape theme. Operations. Shopping carts shall not be allowed to accumulate in any outside area, including parking lots and loading areas, and shall be removed from cart corrals in a timely manner and relocated to storage areas. b. c. d. (10) Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases, the design and installation of mailboxes shall comply with the standards listed below. a. Approval. Mail boxes shall be approved by the city council and the U.S. Postal Senrice as to size, type, and location. Design and landscaping. Mail boxes shall be landscaped consistent with and architecturally compatible to the development. b. (11) Satellite dishes. Satellite dishes may be installed in any zoning district, provided the dishes are not visible from any street, and the color is compatible with the surrounding environment. Communication equipment, such as dishes and antennas, is encouraged to be accommodated during the planning phase of a project. (12) Telephones, vending machines, newspaper racks, etc. All public telephones, vending machines, newspaper racks, and facilities dispensing merchandise or services on private property shall be enclosed within a building, enclosed within a structure, attached to a building, or enclosed in a separate area. Attached and freestanding buildings shall be landscaped consistent with and architecturally compatible to the principal structure. Supp. No. 16 CD78:195 *. 5 78-221 PALM BEACH GARDENS CODE (i) Underground utilities. All new, reconstructed, or relocated utilities within the PGA Boulevard corridor occurring as a result of development, including but not limited to electric, telephone and television cable utilities shall be placed underground. Costs for underground installation shall be borne by the developer. ti) Signage and lighting standards. Signage. All signage proposed shall meet the requirements of division 6 of article V unless restricted further herein. Building lighting. Building lighting shall be installed consistent with the standards listed in section 78-182. Accesslentry drives. Limited access. Access, including curb cuts, median openings, signalization, or entry drives shall, at a minimum, be limited to state department of transportation or Palm Beach County controlled access criteria. The city engineer may provide additional standards or criteria to limit access within the corridor. Shared access. Parcels and adjacent developments shall be encouraged to share access. This shall be accomplished through shared access agreements, service roads, or other means approved by the city engineer. No. 17-2000, 0 105, 7-20-00; Ord. No. 18-2004, 0 2, 8-5-04) Secs. 78-222-78-224. Reserved. DMSION 3. NORTHLAI(E BOULEVARD OVERLAY ZONING DISTRICT* Sec. 78-226. General provisions. (a) Purpose and intent. The purpose and intent of the Northlake Boulevard Overlay Zoning District (NBOZ) is to implement the objectives of the Northlake Boulevard Corridor Concep- tual Streetscape Plan adopted by the Northlake Boulevard Corridor Task Force. These objectives include: (1) Redevelopment of the corridor in order to build community pride, retain and attract commercial activity, and improve the area's economic condition. Reinforcement of the unique opportunities and long-term stability of the corridor by the implementation of urban design guidelines for future development. Improvement of signage along the corridor. Initiation of design improvements for the community through the implementation of the proposed design guidelines. (2) (3) (4) ~ *Editor's notword. No. 30-2002,O 2, adopted Sept. 4,2002, provided for the inclusion of a new ch. 78, art. V, div. 3 to read as herein set out. All subsequent divisions of article V, being divs. 3-13, have been renumbered as divs. 4-14. See the Code Comparative Table. Supp. No. 16 CD78:196 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CUMJ-06-03-000002 Subject/Agenda Item: Petition CUMJ-06-03-000002: Palm Beach Gardens Medical Center Major Conditional Use Public Hearing and Recommendation to City Council: A request by Anne Booth, of Urban Design Studio, on behalf of Health Care Property Investors, Inc., to approve the relocation of the previously approved helistop, located within the Palm Beach Gardens Medical Center Planned Unit Development (PUD). The Palm Beach Gardens Medical Center PUD is located at the southeast corner of Bums Road and Gardens East Drive. [XI Recommendation to APPROVE with two waivers [ J Recommendation to Deny Reviewed by: Planning Manager: L Brad Wiseman -P Assistant City Attorney: Nancy Str6ud Development Bahareh Wolfs, AICP Growth Management Director (Interim) Approved By: City Manager: Ronald M. Ferris Originating Dept.: GrowthMa em nt: & Nina Nikoloia Planning Specialist [ X ] Quasi - Judicial [ ] Legislative [ X ] Public Hearing [ ]Workshop Advertised: [ XI Date: June 14, 2006 Paper: PB Post Affected Parties: [ X 3 Notified [ ] NotRequired Finance Dept. : Allan Owens Administrator Building Accountant: K. Labossiere Fees Paid [ Yes 3 As of 5J30JO6 BY Funding Source: [ ] Operating [XI Other3 Budget Acct.#: NJA PZAB Action: [ ]Approved [ ] App. WJ conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: Applicant narrative Applicant conditional use analysis Landscape plans Masterplan Helistop relocation plan Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 0 BACKGROUND The Palm Beach Gardens Medical Center began as the Palm Beach Gardens Community Hospital when it opened in the 1960s. The Palm Beach Gardens Medical Center was approved as a PUD by the City Council through the adoption of Ordinance 28, 1991 on October 3, 1991. The PUD has been subsequently amended through the approval of Resolution 92, 1992; Resolution 3, 1995; Ordinance 26, 1995; Ordinance 35,2000; and Ordinance 39,2001. The applicant is proposing to relocate the previously approved helistop, and therefore, amend the southeastern area of the PUD Site and Landscape Plans to reflect the helistop with the landscaping and parking modifications. The currently approved Master Site Plan for the Palm Beach Gardens Medical Center identifies a future relocation area for the helistop adjacent to the new ICU building; however, it has been determined by the project engineer, hospital staff, and pilots for the Health Care District that the approved relocation area no longer meets current safety needs. Soon after construction of the ICU expansion was completed, conflicts between the flight path and the edge of the building were identified. The concern was that the proximity to the building could cause flight difficulties for the emergency service providers during windy conditions. Additional concerns included helicopter vibrations on the existing Gas Containment System and Liquid Oxygen pad, together with possible fume and dust intrusion into the ICU building doors during landings and take-offs. As a result, the helicopters have been landing on the grassy area, which is south of the proposed helistop location. According to the applicant, Trauma Hawk is currently not servicing the Palm Beach Gardens Medical Center until the proposed helistop relocation is constructed on site. LAND-USE & ZONING The subject site is zoned PUD (Planned Unit Development) overlay with an underlying zoning designation of PO (Professional Office) and with future land use designations of P (Public) and PO (Professional Office). The current zoning and future land use designations are consistent with the approved PUD. SITE PLAN ANALYSIS Parkinx The Palm Beach Gardens Medical Center PUD was granted two waivers through the adoption of Ordinance 35,2000. The previous waivers allowed for a deficiency of 43 parking spaces, and for 9- foot parking stalls. In conjunction with the subject request to relocate the helistop, there will be a net loss of 28 future parking spaces. The applicant has addressed this issue by reducing the future three-story medical office building in Phase 2.B by 5,800 square feet, which reduces the parking requirement by 29 spaces. Therefore, the revised site plan is consistent with the two previously approved parking waivers granted by Ordinance 35,2000. 2 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 Landsca pinx Due to FAA regulations for height limits within the flight path, the applicant has requested a waiver from the section of the landscape code which requires trees within 40 feet of each parking space. The applicant is going to relocate all of the required trees, that are within the flight path, and will use them to supplement the buffer planting. The buffer along the southern and eastern portions of the property would have been planted at a hture time when the parking area adjacent to the proposed helistop would have been constructed. However, the applicant is proposing to advance the planting of the buffer along the southern and eastern portions of the property adjacent to the proposed helistop as part of this application, prior to the construction of the future parking area. Dra inaae Run-off from the proposed helistop will be accommodated as part of the existing drainage system. Liah ting The lighting associated with the landing of the helicopters is used only during take-off and landing, thereby minimizing the impacts on the surrounding area. According to the applicant, the use of the helistop for landings and take-offs typically occurs between 10-15 times a month and, of that total, four-five (45) may occur after dark. 0 Traffic/Circulation This application is a request to relocate a previously approved use and will not generate any additional traffic. The proposed site for the helistop is in a future parking area that is not currently in use and, therefore, does not impact the existing parking lot circulation. Phasinz This PUD has multiple phases. The proposed helistop re-location is a sub-phase of Phase 2B. Access Current access into the site from Bums Road and Gardens East Drive will not be affected by the approval of this application. PLANNING & ZONING STAFF’S CONDITIONAL USE ANALYSIS FOR PALM BEACH GARDENS MEDICAL CENTER PUD HELISTOP RELOCATION Criteria for Conditional Use (1) Comprehensive plan. The proposed use is consistent with the Comprehensive Plan. The proposed use is an accessory major conditional use to the existing Palm Beach Gardens Medical Center PUD, which has future land use plan designations of P and PO which are consistent with the Comprehensive Plan. The applicant is proposing to relocate the 0 3 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 previously approved use which is currently on site. Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The Palm Beach Gardens Medical Center is an existing facility and an approved PUD. This request is for the approval of the relocation of a previously approved helistop. The components of this request meet the applicable requirements of Chapter 78 with the exception of two previously granted waivers, and the two proposed waivers associated with landscaping. Due to the helicopter flight path, the applicant is requesting a waiver from Section 78-3 15(a) Landscaping and screening for vehicular parking areas, Minimum Spacing which requires that a shade tree be placed within 40 feet of every parking space. FAA regulations require that the direct flight path of the helicopter have a 8:l clear zone for safe landings and take-offs. The trees required by the code conflict with this requirement within the flight path area. The applicant is proposing to relocate all the trees, which would have been required within the flight path to the southern and eastern perimeter buffers. The applicant is also proposing to advance the installation of the buffer planting which will allow the buffer to grow prior to the parking areas being constructed. The second waver is from Section 78-315(b) Landscaping and screening for vehicular parking areas, Landscape islands, which requires a landscape island for every nine parking spaces located in a row. The Palm Beach Gardens Medical Center is an existing facility and has been previously approved and constructed with more than nine parking spaces in a row. The future phases have also been previously approved with this condition. The amended plan is consistent with the existing conditions and the previously approved plans. The proposed design of the future parking lot has reduced the instances where the number of spaces in a row exceeds the current code requirements. Standards. The proposed use is consistent with the standards for such use as provided in section 78-1 59. The proposed use is an existing use within the Palm Beach Gardens Medical Center PUD. The helistop complies with the standards of Section 78-159. Helistops. Helistops shall comply with the requirements listed below. a. Compliance with the requirements of F.S. Chapter 330. All FAA and regulatory requirements will be met. The helistop is currently approved, but because of flight path issues, the approved helistop location is no longer safe for landings. In the interim, the helicopters have been using a grassy area to the east and south of the approved helistop location. 4 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 b. Refueling, maintenance, and repairs are prohibited. No fueling, maintenance, or repairs are done or will be done on this site. The proposed helistop is only for pick up and delivery of patients. c. Shall not be utilized for overnight parking of aircraft. The helistop is used for pick up and delivery of patients only. The helicopters using the facility are owned by other entities and do not park overnight. d. Shall establish and utilize a standard approach and departure route that minimizes impact on adjacent properties. The approach and departure route is primarily from the south and west, as shown on the Master Plan. The number of flights to and from the facility is minimal. The proposed permanent helistop is located further to the north from the existing residents than where the helicopters are currently landing. e. Shall not be used for commercial purposes, such as regularly-scheduled commercial flights for the transportation ofpassengers or products. I The use of the helistop is limited to the transportation of patients and their attending physicians to and from the hospital. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: a.) Providing for a safe and effective means ofpedestrian access; b.) Providing for a safe and effective means of vehicular ingress and egress; c.) Providing for an adequate roadway system adjacent to and in front of the site; d.) Providing for a safe and efficient onsite traffic circulation, parking, and overall e.) Providing adequate access for public safety purposes, including fire and police control; and protection. Pedestrian access is provided throughout and between all structures on the site. The construction of the proposed helistop will include the construction of a concrete pathway from the helistop to the hospital. The proposed location of the helistop will not interfere with the vehicular ingress or egress on the site. The proposed permanent helistop will help to reduce the need for City police and fire rescue services during the take-offs and landings. In the event of a landing, the area immediately around the helistop will be secured, and traffic will be rerouted until the helicopter has safely landed and the patient has been transported. The proposed location of the permanent helistop is consistent with the current operations of the facility. (5) Screening and buffering. The proposed use utitizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: 5 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 a.) Noise; Glare; Odor; Ground, wall, or roof-mounted mechanical equipment; perimeter, interior, and security lighting; Signs; Waste disposal and recycling; Outdoor storage of merchandise and vehicles; Visual impact; and Hours of operation. The applicant is proposing to advance the installation of the future landscape buffer plant material along the southern and eastern perimeters of the site to reduce any potential impacts to the surrounding property owners. In addition, staff is recommending that the applicant shall install a wall that shall be six feet in height and match the existing wall. The wall shall run along the southern property line, continuing north along the eastern property line and tying into the existing wall on the eastern property line. The new wall will assist in shielding the adjacent properties from the visual and noise impacts. The proposed helistop improvements and lights will be flush with the ground and will be only used during a take- off or landing. A proposed 2-foot fence, and a hedge planted around the perimeter of the helistop, will further aid in shielding the residents from visual impacts. Utilities, The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed improvements will not impact existing or proposed utilities. Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by this chapter. All dimensional requirements have been met. Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. These plans are not applicable for the proposed use. The applicant has informed staff that they have a history of working together with their surrounding neighbors and anticipate continuing to do so should the need arise. However, as stated previously, staff recommends that a wall be installed to enhance the area for the surrounding residents. Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of development. The Palm Beach Gardens Medical Center is an existing use, which is centrally located to the community to provide medical services. The hospital was approved in 1991. As surrounding developments have been approved and constructed, they have taken the hospital and its operations into consideration. The proposed helistop is located in close proximity to the ICU wing of the hospital to provide easy access for transportation of the patients. The permanent relocation of the helistop will provide enhanced services to the patients of the hospital by allowing for additional helicopter emergency care providers to transport patients safely to and from the site. Trauma Hawk is one of the providers that is currently'not servicing the Palm Beach Gardens Medical Center until the currently proposed helistop relocation is constructed on site. 6 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 0 (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The helistop relocation is going to be a sub-phase of Phase 2.B. The applicant is proposing to construct only the helistop and the 26 parking spaces adjacent to the ICU. The parking spaces west of and immediately adjacent to the helistop are being amended but will be constructed in a future phase. (1 1) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. The proposed use will be in harmony with the general purpose and intent of the Land Development Regulations and the goals, objectives, and policies of the City. The purpose and intent of providing helicopter services is to provide a means of transportation for critical care heart and emergency patients. The permanent relocation and construction of the helistop will provide safer means for landing and take-off by the helicopters and for access from the landing site, to and from the ICU. The proposed modifications are in keeping with the general purposes of the code. (12) Adverse impact. The design of theproposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The helistop will be primarily flush with the ground. The proposed upgrade to the perimeter buffer and the hedge planting will provide visual screening for the surrounding properties. In addition, staff is recommending that the applicant shall install a wall that is six feet in height, which will match the existing wall. The new wall shall run along the southern property line, continuing north along the eastern property line and tying into the existing wall on the eastern property line. The new wall will further minimize any adverse visual impacts. The proposed permanent helistop will be located further to the north from the existing residents than where the helicopters are currently landing. 0 (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildliJe, vegetation, and wetlands. Site related environmental impacts were addressed at the time of the original approval. The current and proposed hospital and helistop operations will meet all required local, state, and national standards as required. STAFF RECOMMENDATION Staff recommends approval of Petition CU-06-03-000002 with the following conditions of approval: 1) Prior to the issuance of the first land alteration permit, the applicant shall provide the City with revised plans reflecting the installation of a wall, six (6) feet in height that 0 7 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 matches the design of the existing wall, along the entire length of the south property line, and from the south property line north along the east property line to the existing wall. The wall shall be installed simultaneously with the construction of the helistop. (Planning and Zoning) 2) Prior to the issuance of the first land alteration permit, the applicant shall provide the City with revised plans showing the installation of a divider median between the rows of head-to-head parking spaces located adjacent to the ICU building. The divider median shall be designed to be consistent with the divider medians currently existing on site. (City Forester) 3) Within six months of the effective date of approval, the applicant shall replace all missing or damaged landscaping, as shown on the approved landscape plan for the property. (City Forester) 4) Prior to the issuance of the first land alteration permit, the applicant shall erect and maintain barriers around the root systems of existing trees that are adjacent to the proposed construction. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester. (City Forester) 5) All trees or palms designated for preservation or relocation that die as a result of construction or relocation practices shall be replaced with like species, one for one, and at a minimum, palms shall have eight feet of clear trunk and trees shall be 12 feet in overall height. (City Forester) 6) The applicant shall provide the City Engineer with copies of all correspondences to and from regulatory agencies regarding issues on the Palm Beach Gardens Medical Center. (City Engineer) 7) 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) 8) Prior to the first land alteration permit, the applicant shall provide cost estimates for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) 9) The construction, operation and/or maintenance of any elements of the Palm Beach Gardens Medical Center shall not negatively impact existing drainage of 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 project, it shall be the applicant’s responsibility to cure said impacts in a period of time and in a manner acceptable to the City prior to additional construction activities. (City Engineer) 8 Date Prepared: June 1,2006 Meeting Date: June 27,2006 Petition CU-06-03-000002 10) Prior to the issuance of the first land alteration permit, the applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) a 1 1) Prior to construction plan approval the applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 12) Prior to the issuance of the first land alteration permit, the applicant shall provide a letter of authorization from the utility companies allowing landscaping within their respective utility easements. (City Engineer) 13) The applicant shall provide the City with an easement for a Palm Tran bus shelter along Burns Road and Gardens East Drive, in the event that the City decides to build a bus shelter for the existing Palm Tran bus stops. (Planning and Zoning) 9 f PROJECT NARRATIVE urban PBG MEDICAL CENTER de$n stu 10 HELISTOP PAD RELOCATION March 8,2006 0 Rev. May 30,2006 Rev. May 31,2006 LOCATION/REQUEST Urban Design Urban Planning Land Planning Landscape Architecture This is a request for an amendment to the existing PBG Medical Center PUD located on Bums Road in Palm Beach Gardens, to allow the pemanent re-location of the approved “helistop” pad. This Conditional Use application requests only to modify the southeastern area of the PUD Site and Landscape Plans to show the helicopter landing pad together with the associated landscape and parking modifications. The helicopter landing pad is proposed to be constructed in what is currently a grassed, future parking area. HISTORY/ZONING The PBG Medical Center was approved as a PUD in October 199 1 by Ordinance 28,199 1. The approved plans were subsequently amended by Resolution 92, 1992, Resolution 3, 1995, Ordinance 26, 1995, Ordinance 35,2000 and Ordinance 39,2001. The technical requirement to request a Conditional Use approval is in accordance with current code interpretation and policy. The current zoning designation is PO (Professional Office) with a Conditional Use Overlay and with a Future 0 Land Use Plan designation of PPO (PublicProfessional Office). The current zoning and Future Land Use Plan designations are consistent with the approved PUD. REQUEST JUSTIFICATION The currently approved Master Site Plan for the PBG Medical Center identifies a future re-location area for the helistop pad adjacent to the new ICU building, however, it has been determined by the project engineer, hospital staff and the pilots for the Health Care District that the approved re- location area no longer meets current safety needs or concerns. Soon after construction of the ICU expansion was completed, conflicts between the flight path and the edge of the building were identified. The concern was that the proximity to the building could cause flight difficulties for the emergency service providers during windy conditions. An analysis of the “approved re-location” area was undertaken for FAA approval and at that time several other issues of concern were identified. The concerns included the effect of the helicopter vibration on the existing Gas Containment System and Liquid 0, pad located to the north of the landing area, fuel containment issues on the pad, together with possible fume and dust intrusion into the ICU building doors during landings and takeoff. Subsequent approval for a temporary landing spot on the “grassy knoll” was requested and granted until a new location for the pad could be identified. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1 100 www.UDSonline.com LCC35 C.\Documents and Sett~ngs\abooth\Desktop\Hel~stop\ ~~~~4~N~~~e.053006.wpd 561.366.1 11 1 fax 0 PBG Medical Center Helistop Re-Location - CU Narrative March 8,2006 Rev. May 30, 2006 Page 2 Further analysis was done to identify a more suitable permanent location for the landing pad that would meet FAA regulations, meet the needs and concerns of the helicopter pilots, provide a safe and clean environment for the ICU operations, minimize the impacts to the existing hospital structures, and operations, reduce the risks to the ICU associated with a possible crash, reduce the impacts associated with disruption of the existing parking areas, minimize the impacts to the surrounding neighbors, and provide a safe and efficient route for ground transportation of patients from the pad to and from the ICU. The applicant believes that the proposed location meets all of the above criteria. The proposed location is: far enough away from the tanks to minimize vibration upon landing and takeoff; far enough away from the buildings to avoid updrafts which would interfere with the landing procedure; far enough away from the ICU entrance doors to eliminate the intrusion of dust and fumes upon landing and take off; clear of all possible obstructions to allow for a wider adjustment range for the helicopter pilots; close enough to the ICU to allow for one mode of transportation for patients to and from the ICU doors; on a flight path that avoids conflict with the surrounding residential structures as well as the hospital facility; in an area of future parking so it will eliminate any impacts to existing parking, trees or light poles; located further away from the residents than where the helicopters are currently landing on a temporary basis; positioned to allow for a pathway which will allow for a safe and efficient route to and from the ICU; and located in an area easily secured by hospital staff for take-off and landing events. 0 The improvements proposed in this application will include the construction of the pad and the required security fencing surrounding the pad, the pathway to the ICU, 26 parking spaces adjacent to the ICU and the landscape planting and lighting around the pad and the parking area. The relocation of the helipad requires a waiver be granted from the City’s Landscape Code for the required parking lot trees within the flight path. All proposed trees within in the future parking lot, which are now withing the flight path, have been shown as relocated to supplement the southern and eastern buffers. In addition, the applicant is proposing to advance the installation of the landscape buffer along the southern and eastern property lines, which were originally proposed for a future phase, to coincide with the construction of the new pad. The location of the proposed pad is in an area slated for parking required for future phases of construction at the hospital. With the relocation of the helipad, there will be a net loss of 28 future parking spaces. To address this loss of parking, the office building, previously approved but un- built in Phase 2B, has been reduced by 5,800 square feet. This square footage reduction equalizes the parking provided to be consistent with the previously approved parking ratio waiver. The construction of the 26 spaces adjacent to the ICU proposed as part of this application will provide additional parking for the ICU. 0 C:\Documents and Settings\abooth\Desktop\Helistop\CU Amend Narrative.053006.wpd 1 PBG Medical Center Helistop Re-Location - CU Narrative March 8, 2006 Rev. May 30, 2006 Page3 Existing Zoning and Land Use Designations & Site Comparison EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Medical Center/Hospital PO PPO RL3 - Religious Center RL PO - Medical and PO Professional Offices RM - Residential RM Townhomes TO THE NORTH Burns Road, Religious Center, MedicalProfessional Office Buildings TO THE SOUTH: Sandalwood, Meridian Park and Breezewood Townhouses TO THE EAST: Sandalwood Estates TO THE WEST: Gardens East Drive and Cedar Gardens Townhomes and and Glenbrook Condo Professional Offices RM - Residential RM Townhomes RM - Residential RM Townhomes PO Traffic/Circulation This application is a request to relocate a previously approved use and will not generate any additional traffic. The proposed site of the helipad, in a future parking area not currently in use, eliminates the impacts to the existing parking lot circulation. Phasing This PUD has multiple phases. The proposed helipad re-location is a sub-phase of Phase 2B. C:\Documents and Settings\abooth\Desktop\Helistop\CU Amend Narrative.053006.wpd ,’ PBG Medical Center Helistop Re-Location - CU Narrative March 8,2006 Rev. May 30, 2006 Page4 Access Current access into the site from Bums Road and Gardens East Drive will not be affected by the approval of this application. Lighting Use of the pad for landings and take-off typically only occur between 10- 15 times a month, and of that only 4-5 may occur after dark. The lighting associated with the landing of the helicopters is used only during take off and landing thereby minimizing the impacts to the surrounding residents. Landscape Plans Included in this application is an amended future landscape plan. FAA regulations for height limits within the flight path require that we ask for a waiver from the section of the landscape code which requires trees within 40 feet of each parking space. All of the trees required within the flight path have been relocated to supplement the buffer planting. The applicant is proposing to advance the planting of the buffer along the southern and eastern portions of the property adjacent to the proposed helipad as part of this application. Parking With the re-location of the helipad, there will be a net loss of 28 future spaces, however, this loss has been compensated for by the reduction of 5800 square feet of future office space. The previously approved site plan allowed for a waiver for the ratio of future parking spaces. With the reduction in approved square footage, the proposed plan is consistent with the previously approved parking ratio. As part of this application, an additional 26 spaces will be constructed adjacent to the ICU. Signage There are no proposed changes to the approved signage at this time. Drainage Run-off from the proposed helicopter pad will be accommodated as part of the existing drainage system. C:\Docurnents and Settings\abooth\Desktop\Helistop\CU Amend Narrative.053006.wpd . .’ PBG Medical Center Helistop Re-Location - CU Narrative March 8, 2006 Rev. May 30, 2006 0 Page 5 WAIVERS The applicant requests the following waivers. 1. The applicant requests a waiver from Section 78-315(a) Landscaping and screening for vehicular parking areas, which requires that a shade tree be placed within 40 feet of every parking space. FAA regulations require that the direct flight path of the helicopter have a 8: 1 clear zone for safe landings and take-offs. The trees required by the code conflict with this requirement within the flight path area. The applicant is proposing to relocate all the trees which would have been required within the flight path to the southern and eastern perimeter buffers. The applicant is also proposing to advance the installation of the buffer planting which will allow the buffer to grow and fill in prior to the parking areas being constructed. 2. The applicant requests a waiver from Section 78-315(a) Landscaping Islands, which requires a landscape island for every nine parking spaces located in a row. The Palm Beach Gardens Medical Center is an existing facility and has been previously approved and constructed with more than nine parking spaces in a row. The future phases have also been previously approved with this condition. The amended plan is consistent with the existing conditions and the previously approved plans. The proposed design of the future parking have reduced the instances where the number of spaces in a row exceed the current code requirements. 0 C:\Documents and Settings\abooth\Desktop\Helistop\CU Amend Narrative.053006. wpd CONDITIONAL USE OVERLAY ANALYSIS PALM BEACH GARDENS MEDICAL CENTER HELISTOP RELOCATION PALM BEACH GARDENS, FLORIDA February 24,2006 The Palm Beach Gardens Medical Center was approved as a PUD in October 1991 by Ordinance 28, 199 1. The approved plans were subsequently amended by Resolution 92, 1992, Resolution 3, 1995, Ordinance 26, 1995, Ordinance 35,2000, and Ordinance 39,2001. As a resuit of a request to re-locate the approved helistop location, this request for Conditional Use approval is a technical requirement to allow the helistop to be reviewed and analyzed against current code standards and requirements. The current zoning of the site is PO-Professional Office and the FLUP designation is P-Public and PO- Professional Office. In accordance with Section 78-52. Conditional Uses, the following is ci Conilitional Use Analysis based on the criteria as set forth in that section. Criteria. In addition to the application requirements listed above, a development order application for conditional use approval shall demonstrate compliance with the criteria listed below. Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The Palm Beach Gardens Medical Center is an existing facility and an approved PUD. The Future Land Use Plan (FL UP) designation for this property is PO-Professional Offe which allows a hospital and accessory helistop as a conditional use. The FLUP, zoning designation and the existing tises, are all consistent with the comprehensive plan. The proposed application is a request to relocate an approved use which is existing on the site. Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The Palm Beach Gardens Medical Center is an existing facility and an approved PUD. This request is for the approval of the relocation of an approved accessow use which is existing on the site. The components of this request meet the applicable requirements ofchapter 78. Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. The Palm Beach Gardens Medical Center is an existing.facility and an approved PUD. This site is in compliance with all requirements of the stan eF 5p/?4!%? f@@Dfi3Y Conditional Use Overlay Analysis Palm Beach Gardens Medical Center kiu;-y 24,2006 Section 78-159 Permitted uses, conditional, and prohibited, Table 21 : Permitted uses, Conditional, and Prohibited Use Chart, (60) - Helistops. Helistops shall comply with the requirements listed below. a. b. e. Compliance with the requirements of F.S. Chapter 330. The helistop is currently approved and in use at the hospital. Because ofjlight path issues, the approved helistop location is no longer safe for landings. In the interim, the helicopters have been using u grassy area to the east and south of the approvedpad location. This application is a request to install a permanent pad in the general location where the helicopters are currently landing. AI1 FAA and regulator?, requirements will be met. The use of the site remains the same, and the proposed improvements meet the current code requirein en ts. Refueling, maintenance and repairs are prohibited. No fueling, maintenance or repairs are done on this site. The proposed helistop is for pick up and delivery ofpatients onl)). Shall not be utilized for overnight parking of aircraft. The helistop is used for pick up and deliver?, ofpatients only. The helicopters using the facility are owned bay other entities and do not park overnight. Shall establish and utilize a standard approach and departure route that minimizes impact on adjacent properties. The approach and departure route is primarily from the south and west. The number of flights to and from the facility are 1nii:iinal. The proposedpermanent pad location is located further to the north from the existing residents than where the helicopters are currently landing. Shall not be used for commercial purposes, such as regularly-scheduled commercial flights for the transportation of passengers or products. The use of the helistop is limited to the transport ofpatients and their attending ph*vsicians to and from the hospital. C.\Docuiriencs dnd Sec(ings\abooth\Local Settings\Temp\CU Analys1s.06300J.wpd LCC 35 Conditional Use Overlay Analysis Palm Beach Gardens Medical Center I ~ (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; (b) Providing for a safe and effective means of vehicular ingress and egress; (c) Providing for an adequate roadway system adjacent to and in front of the site; (d) Providing for a safe and efficient onsite traffic circulation, parking, and overall control; and (e) Providing adequate access for public safety purposes, including fire and police I protection. Pedestrian access is provided through-out and between all structures on the site. The construction of the proposed helistop will include the construction of a concretepathwaj7fiom the helistop to the hospital. The proposed location ofthe helistop will not interfere with the vehicular ingress OP egress to the site. The proposedyerinanent pad will help to reduce the need for city police andjre rescue sewices during take off-s and landings. In the event of a landing, the area immediately around the helistop is secured and traffic is re-routed until the helicopter has safely landed and the patient has been ransported. The proposed location of the permanent pad is consistent with the current operations of the facility. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise; (b) Glare; (c) Odor; (d) Ground, wall, or roof-mounted mechanical equipment; (e) Perimeter, interior, and security lighting; (f) Signs; (g) 'iaste disposal and recycling; (h) Outdoor storage of merchandise and vehicles; (i) Visual impact; (j) Hours of operation; The applicant is proposing to advance the installation of the,future landscape buffer plant material along the southern and eastern perimeters of the site to reduce an,v potential impacts to the surrounding property owners. The proposed pad improvements und lights are flush to the ground and only used during a take oflor landing. A proposed hedge planted around the perimeter of the pad will further shield the residents from any visual impacts. 0 urbn I C:\Docurnents and Settings\abooth\Local Settings\Temp\CU Analysis.Ob3004.wpd Conditional Use Overlay Analysis Palm Beach Gardens Medical Center (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed improvements will not impact existing or proposed utilities. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirement required by the chapter. All dimensional requirements have been met. (8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. We are not aware of the existence of a neighborhoodplan for this area. The applicant has a history of working together with their surrounding neighbors and anticipates continuing to do so should the need arise. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The Palm Beach Gardens Medical Center is an existing use which is centrally located to the 0 community to provide medical services. The proposed helistop is located in close proximity to the ICU wing of the hospital to provide easy access,for transportation of the patients. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The hospital was approved in 1991. As surrounding developments have been approved and constructed, they have taken the hospital and it 's operations into consideration. The permanent relocation of the helistop will provide enhanced services to the patients of the hospital. (I 1) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The purpose and intent ofproviding helicopter services is to provide a means of transportation ,for critical care heart and emergent-v patients. The permanent re-location of the helistop and constrcution of the pad, willprovide a safer means of access from the landing site to and from the 1CU. The proposed nzodvkations are in keeping with the general purposes of'the code. C:\Docurnents and Settings\abooth\LocaI Settings\Ternp\CU Analysis.063004.wpd 0 LCC 35 urban Conditional Use Overlay Analysis Palm Beach Gardens Medical Center k:u;ry 24,2006 Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The helistop will be primarily flush with the ground. The proposed upgrade to the perimeter buffeer- and the hedge plantirig will provide visual screening from the stirroun~ing properties. Environmental -impact. The design of the proposed use minimizes any adverse impacts that may be created, including impact on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Site related environment impacts were addressed at the time of the original approval. The current and proposed hospital and helistop operations will meet all required local, state and national standards as required. C:\Docurnents and Settings\abooth\Local Settings\Ternp\CU Analysis.063004.wpd 0 urban despn stu 18 LCC 3s 4 0 h h h 5: cq4: J ..I. I Id118 ILK PLAN PALM BEACH GARDENS, FLORIDA urban OLIVER GLIDDEN & PARTNERS a I e Palm Beach Gardens Medical Center Palm Beach Gardens, Florida Landscape Plan Proposed Modifications Palm Beach Gardens Medical Center Palm Beach Gardens, Florida cc h) Landscape Plan - Areas Proposed for completion in Phase 2.6.1 4 W ". 8 I u. n E I cn U 0 0 cn Palm Beach Gardens Medical Center Palm Beach Gardens, Florida Plantlist - Proposed Modifications 0. s 'I r- I 0 0 z c 9 Z -I -0 I- > z d 0000000 0 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 6,2006 Meeting Date: June 27,2006 Petition: MISC-04-43 Subject/Agenda Item: Midtown (a.k.a Borland Center) PUD MISC-04-43: Master Signage Program Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, on behalf of Ram Development Company and Palm Beach Community Church, for approval of the Midtown PUD (a.k.a. Borland Center) Master Signage Program. The Midtown Planned Unit Development (PUD) is located at the intersection of Garden Square Boulevard and PGA Boulevard . [ X ] Recommendation to APPROVE with 3 waivers [ X ] Recommendation to DENY 6 Waivers Reviewed by: Planning Manager& 1 Brad Wiseman City Attorney Christine Tatum Development Compliance Bahareh Wolfs, AICP Growth Manag Approved By: Ronald M. Ferris City Manager Originating Dept.: Growth Management: Project Planner [XI Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: [ XI Not Required Date: NIA Paper: NIA Affected parties: [ ]Notified [XI Not Required FINANCE: Costs: $N/A Total $- N/A Current FY Funding Source: [ 3 Operating [XIOther NA Budget Acct.#: NA PZAB Action: [ ]Approved [ 3 App. wl conditions [ ] Denied [ 3 Rec. approval [ ] Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: Signage Plans Project Narrative Date Prepared: June 6, 2006 Meeting Date: June 27,2006 On August 5, 2004, the Midtown PUD was approved by the City Council for master plan and conditional use approval to allow for the development of 64,533 square feet (500-seat small theater, and 300-seat banquet hall, Sunday School and accessory facilities) for a cultural center and church facilities, 64,025 square feet for retail space, 19,950 square feet for restaurant space, 10,900 square feet for office space, and 225 rental units on an approximately 45-acre site, through the adoption of Resolution 92, 2004 and Ordinance 13, 2004 . The subject site is currently being developed in accordance with the development plans approved by said resolution. Since the adoption of Resolution 92, 2004, the City Council has approved one amendment to the PUD. The amendment was approved on March 2, 2006, which approved modifications of conditions of approval relating to the timing for the installation of landscape buffers and traffic signals; and providing an effective date via Resolution 14,2006. LAND USE & ZONING The subject site has a zoning designation of Mixed-Use (MXD)/Planned Unit Development (PUD) Overlay and Future Land-Use and Vision Map designations of Mixed-Use (MXD). PROJECT DETAILS The proposed master signage program includes all proposed building, monument, directory, and directional signs for the Midtown PUD. Traffic Signage The traffic signage proposed is regulated by the Florida Department of Transportation (FDOT) and is attached to a black pole with a decorative bronze accent. This signage is reflected on Sheet T-1 of the attached Master Signage Program. Directory Signage Twelve directory signs are proposed and twelve are permitted by City Code Section 78-285. The applicant proposes two types of directory signage for the Midtown project and all of them are consistent with City Code Section 78-285 in terms of size and design characteristics. The first type of sign is the Wall Mounted Retail Directory and measures four feet high by two feet, three inches wide. The sign is color coded to identify tenants and coordinate with the site maps located on the pedestrian directional signs. The second type of sign is the Wall Mounted Resident Directory and measures four feet high by two feet, three inches wide. The sign is located at various access points to identify the residents and utilizes a keypad security feature. Directory Signage is reflected on Sheet E-1 & E-2 of the attached Master Signage Program. 2 Date Prepared: June 6,2006 Meeting Date: June 27, 2006 0 Directional Sinnune Thirty-two directional signs are proposed and twelve are permitted by City Code Section 78-285. Therefore, a waiver is being requested to allow for twenty additional directional signs (please see waiver section). Three different types of directional signs are proposed throughout the site. The freestanding pedestrian directional signs are seventeen square feet and include a site map and building directory. City Code Section 78-285 limits the copy area for all directional signage to four square feet and a maximum height of four feet; therefore, two waivers are being requested to allow for the copy area for directional signs to exceed four square feet and the height of directional signs to exceed four feet (please see waiver section). The freestanding vehicular traffic directional signs are twenty-one square feet, which utilize directional arrows and text to direct the public through the site. The post mounted directional signs are seven square feet and attached to posts throughout the site. The style and color of the directional signs are consistent with all other directional signage located within the site. This signage is reflected on Sheet F-1 of the attached Master Signage Program. Address Sinnage Two types of address signage are proposed for the site. Unity identity address signs for the tenants are five inches high by nine inches wide and have an enameled finish to match the color palette program. The wall mounted building address signs are two feet eight inches wide, by one foot seven inches high and are used to identify the structure. The building identity signs are externally illuminated from individual fluorescent up-lights. Wall mounted building address signs are positioned to be visible along public right-of-ways in order to easily identify the buildings to pedestrians and vehicular traffic. Building address signage is reflected on Sheets C- 1 & D-1 of the attached Master Signage Program. Mo n urn en t Signs Five commercial monument signs are proposed for Midtown, and seven are permitted by City Code Section 78-285. Three different types of ground signage have been proposed for the site. The two Palm Beach Community Church monument signs flank the site's main entrance adjacent to PGA Boulevard. The Church sign is forty feet, three inches wide by six feet high. City Code Section 78-285 limits the maximum dimensions for ground signs to ten feet high by fifteen feet wide; therefore, a waiver is being requested to allow the Palm Beach Community Church monument signs to exceed the maximum width by twenty-five feet (please see waiver section). The Palm Beach Community Church monument signs are reflected on Sheet PB-I of the attached Master Signage Program. The second type of monument sign is the Midtown project identification sign. The applicant proposes three Midtown signs along PGA Boulevard. Two signs flank the eastern entrance of the project along PGA Boulevard. The third Midtown monument sign is located at the project's southeast corner adjacent to Garden Square Boulevard. The Midtown sign is twenty-seven feet, six inches wide by six feet high, has a copy area of approximately twenty-six square feet, and includes a decorative coquina wall in the foreground. City Code Section 78-285 limits the maximum dimensions for ground signs to ten feet high by fifteen feet wide; therefore, a waiver is being requested to allow the Midtown monument sign to exceed the maximum width by twelve feet six inches (please see waiver section). The sign and wall will be externally illuminated using 3 0 Date Prepared: June 6, 2006 Meeting Date: June 27,2006 decorative up-lighting. The Midtown monument signs are reflected on Sheets MID-1 & MID-2 of the attached Master Signage Program. The third type of monument sign proposed for the site is for the residential component of the PUD, which includes three signs. The first residential monument sign proposed is along one of the site's main streets leading to one of the two entrances of the residential component of the PUD and adjacent to the west elevation of Building R3. The second proposed location for the residential monument sign is along the northern side of Building R1 and adjacent to the one of the entrances to the residential portion of the PUD. The third monument sign is located just west of the entrance where the Palm Beach Community monument sign is located. City Code Section 78-285, states that one residential monument sign is allowed per entry or wall; therefore, a waiver is being requested to allow for one additional residential monument sign (please see waiver section). The sign structure measures twenty-two feet wide by six feet high, has a copy area of twenty three square feet, and includes a decorative planting feature incorporated in the design of the sign. The residential monument signs are consistent with City Code Section 78-285 in terms of sign copy and size of sign structure. Tenant Signage and Design Guidelines Tenant Wall SiEns Six waivers are being requested from City Code Section 78-285, for building signage (please see waiver section). All tenant signage shall consist of black channel letters; however, a tenant with a Federally Registered Trademark may use their registered color. Per City Code Section 78-285, all building signage shall be no larger than 70% of the horizontal and vertical surface area to which it is attached. In addition, all tenant signage shall be no larger than 5% of the tenant bay elevation (excluding the roof), provided the 70% rule is maintained, which is consistent with Section 78-285 and will ensure architecturally compatible signage. Tenants with one elevation eligible for signage may be allowed one wall sign and one under canopy walkway sign. The applicant is requesting a waiver to allow for under canopy walkway signs, which are restricted to the arcade portion of the pedestrian walkway (please see waiver section). The applicant is proposing that tenants with two elevations, meaning one storefront elevation and one side or rear elevation, may have one wall sign per elevation and one under canopy walkway sign per elevation; not to exceed two wall signs. A waiver is being requested to allow one additional sign so that there is one on the front elevation and one on the rear elevation (please see waiver section). Tenants with more than two elevations, meaning one storefront elevation, a side and rear elevation, may have one wall sign per elevation (up to two) and one under canopy walkway sign per elevation. Also, each tenant sign proposed for an elevation shall be for a different tenant. Under Canopv Walkwav Signs The applicant proposes that tenants be allowed Under Canopy Walkway Signs for those tenants with frontage under an arcade portion of the pedestrian walkway. Tenants allowed Under Canopy Walkway Signs with a Federally Registered Trademark may use their corporate colors or select from the proposed color palette. 4 Date Prepared: June 6,2006 Meeting Date: June 27, 2006 Blade/Proiecting Signs The applicant proposes that tenants may be allowed projecting blade signs on a third elevation of a multiple frontage elevation. A waiver is being requested from City Code Section 78-285, to allow for a maximum of two blade signs per tenant. Projecting blade signage can be utilized for tenants with two elevations or for tenants with multiple elevations for use as an identifier. Tenants without a Federally Registered trademark may only choose from the four color selections (royal blue, white, light mustard, and black). Tenants with a Federally Registered Trademark may use their registered corporate color program. Tenants may elect to illuminate the projecting blade signage. e Window Signs Window signage is restricted to the name of the tenant, hours of operation and telephone number, and web address. All window signage shall comply with the standards set forth in City Code Section 78-285. Building B North Elevation The north elevation of this building fronts Midtown's promenade. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, this elevation contains nine unit identity address plaques and two building address signs. South Elevation The south elevation of this building fronts PGA Boulevard and is adjacent to a parking lot. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, this elevation contains nine unit identity address plaques and two building address signs. East and West Elevations The applicant proposes that the east and west elevations of this building may contain tenant signage. However, the tenant may not exceed the maximum of two wall signs total. The east elevation fronts a courtyard between Building B and Building D. The west elevation is adjacent to an open space tract followed by the roadway. One projecting blade sign is proposed for tenants on these elevations. In addition to tenant signage, on these elevations one unit identity address plaque is located on each elevation. Building C North Elevation The north elevation of this building fronts the project's central plaza and pedestrian drop-off area. The applicant requests a waiver from City Code Section 78-285, to allow for tenant signage 5 Date Prepared: June 6,2006 Meeting Date: June 27,2006 above the first floor line for this building (please see waiver section). Two tenant signs located above the first floor line are proposed for this elevation. In addition to tenant signage, this elevation contains two unit identity address plaques and two building address signs. South Elevation The south elevation fronts PGA Boulevard. The applicant requests a waiver for signage above the first floor line for this building (please see waiver section). Three tenant signs are proposed to be located above the first floor line for this elevation. Also, the applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign on this elevation (please see waiver section). East and West Elevations One wall mounted directory and one building identity sign are located on this elevation. Building D North Elevation The north elevation of this building faces Building H and all signage on this elevation is only visible from within the site. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, nine unit identity address plaques and one wall mounted directory are located on the north elevation. South Elevation The south elevation of this building fronts PGA Boulevard and is adjacent to one of the parking areas located on site. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, seven unit identity address plaques and one wall mounted directory are located on this elevation. East and West Elevations The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). One unit identity address plaque is located on both the east and west elevations. Building E North Elevation The north elevation of this building is the front elevation, which faces Building D and is immediately adjacent to one of the project's entrances from PGA Boulevard. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). One unit identity address plaque is also located on this elevation. 6 Date Prepared: June 6, 2006 Meeting Date: June 27, 2006 South Elevation The south elevation of this building fronts PGA Boulevard. The applicant proposes one wall sign 0 for this elevation. West Elevation The west elevation is immediately adjacent to one of the project's parking areas and faces Building "B." The applicant proposes one wall sign. East Elevation No signage is proposed for this elevation. Building F North Elevation The north elevation of this building is the front elevation, which faces Building K and is immediately adjacent to one of the project's entrances from PGA Boulevard. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). South Elevation The south elevation of this building is the rear elevation, which fronts PGA Boulevard. The applicant proposes one wall sign for this elevation. East and West Elevations No signage is proposed for these elevations. Building G North Elevation No tenant signage is proposed for this elevation. South Elevation The south elevation of the project's largest building (two stories and 50,053 square feet) is the front elevation, which faces Building B and is adjacent to one of the streets located within the project. The applicant has requested a waiver from City Code Section 78-285, to allow for one principal tenant sign for Palm Beach Community Church and one tenant identification sign for the banquet hall (two signs), to be located above the first floor level on the Palm Beach Community Church Building (Building G). At the request of the PZAB members, the applicant has revised the Palm Beach Community Church sign to be located on the architectural band that encompasses the rotunda feature. The second tenant identification sign is above the first floor 7 0 Date Prepared: June 6, 2006 Meeting Date: June 27,2006 line for the "Smith Banquet Hall." 0 - The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign for ground floor users on this elevation (please see waiver section). East Elevation The east elevation is not shown in the package submitted by the applicant and therefore no signage is being proposed. West Elevation The west elevation abuts one of the project's streets located within the site and faces the large tract of open space located on the west side of the property. The applicant proposes one tenant wall sign for this elevation. In addition to one tenant sign, one building address sign is located on this elevation. Building H North Elevation The north elevation of this building is the rear elevation and faces the south side of the parking garage. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). Also located on this elevation is one wall mounted directory, one unit identity address plaque, and one building address sign. South Elevation The south elevation is the front elevation to this building and fronts the project's main street. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, a wall mounted directory and twenty unit identity address plaques are mounted on this elevation. East Elevation The east elevation of this building fronts building J and abuts one of the street's located within the project. The applicant proposes one flat tenant wall sign, one unit identity address plaque, and one building address sign. West Elevation The west elevation of this building faces the Palm Beach Community Church Building (Building G). The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, three unit identity -. address plaques, one building address sign, and one wall mounted directory are located on this elevation. 8 Date Prepared: June 6, 2006 Meeting Date: June 27, 2006 Building I (Parking Garage) 0 - North, South, and West Elevations The north, south, and west elevations do not contain any signage. East Elevation The east elevation of the parking structure is the front elevation, and is where the entry and exit points to the parking garage are located. The vehicular traffic signage such as PARKING, ENTER, and EXIT sign are proposed. Interior Garaae Simage All signage that is located within the garage is not visible from a public right-of-way and is in conformance with City Code Section 78-289, Exempt Signs. Signage within the garage is intended for both vehicular and pedestrian use to navigate within the garage. Vehicular directional signage utilizes arrows and colors in order to illustrate the correct flows of traffic. The pedestrian directional signage found within the garage and on the upper level is consistent with the colors and style of directional signage found throughout the site. Garage signage is reflected on Sheets G1-G6 of the attached Master Signage Program. The north elevation is not depicted in the package proposed by the applicant and therefore no signage is being requested. South Elevation The south elevation of this Building fronts Main Street and faces Building "K." The applicant requests a waiver from City Code Section 78-285, to allow for one tenant sign above the first floor line for this building (please see waiver section). The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, five unit identity address plaques are located on the south elevation. East Elevation The east elevation is adjacent to one of the project's parking lots and faces the rear of Garden Square Shops. The applicant requests a waiver from City Code Section 78-285, to allow for one principal tenant sign above the first floor line for this building (please see waiver section). The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, one unit identity address plaque and one building address sign are proposed for this elevation. 0 9 Date Prepared: June 6,2006 Meeting Date: June 27, 2006 West Elevation 0 The west elevation of this building abuts one of the project's streets and partially faces the parking garage and the eastern elevation of Building H. The applicant requests a waiver from City Code Section 78-285, to allow for one principal tenant sign above the first floor line for this building (please see waiver section). The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). Also, two unit identity address plaques and one building address sign are located on this elevation. Building K North Elevation The north elevation of this building fronts Main Street and faces Building J. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, four unit identity address plaques and one wall mounted directory are located on this elevation.. South Elevation The south elevation is adjacent to a parking area and partially faces Building F and PGA Boulevard. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, four unit identity address plaques and one wall mounted directory are located on this elevation. West Elevation The west elevation of this building abuts one of the project's streets and faces Building D. The applicant proposes one tenant wall sign for this elevation. East Elevation The east elevation of this building is adjacent to a parking lot and faces the rear of Garden Square Shops. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). Building L North Elevation The north elevation of the project's smallest building (825 square feet), is adjacent to a parking area and faces the project's detached residential component. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, one unit identity address plaque are located on this 10 Date Prepared: June 6, 2006 Meeting Date: June 27, 2006 South Elevation a - The south elevation is adjacent to a parking area and faces PGA Boulevard. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, one unit identity address plaque located on this elevation. East and West Elevation No signage is proposed for the east and west elevations of this building. Building M North and East Elevations No signage is proposed for the north and east elevations of this building. South Elevation The south elevation of this building is the rear elevation, and faces PGA Boulevard. The applicant proposes one flat wall sign for this elevation. West Elevation The west elevation of this building is the front elevation, and is adjacent to a parking area that is 0 between Buildings "F" and "M." The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, one unit identity address plaque is proposed on this elevation. Building N North and West Elevations No signage is proposed for the north and west elevations of this building. South Elevation The south elevation of this building is the rear elevation, and faces PGA Boulevard. The applicant is proposing one wall sign on this elevation for the tenant located in this building. East Elevation The east elevation of this building is the front elevation, and faces Building 0. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, one unit identity address plaque is 0 proposed on this elevation. 11 Building 0 0 - North and West Elevations No signage is proposed for Date Prepared: June 6,2006 Meeting Date: June 27,2006 the north and west elevations of this building. South Elevation The south elevation of this building is the rear elevation, and fronts PGA Boulevard. The applicant proposes one wall sign for the tenant located in this building. East Elevation The east elevation of this building is the front elevation, and fronts Garden Square Boulevard. The applicant is requesting that tenants in this building have one flat wall sign and one projecting blade sign (please see waiver section). In addition to tenant signage, one unit identity address plaque is also located on this elevation. 12 Date Prepared: June 6, 2006 Meeting Date: June 27,2006 Waivers The following chart consists of all proposed signs that could be allowed through the approval of 0 eleven separate waivers: 1 2 3 4 5 5 6 7 8 9 C,G, & J E Scctioii 78-285 North, & West South, Signs shall not be located above the 2nd floor 1 sign per tenant space West 1 orbay 1 sign per tenant space or bay Non - Res. ground signs are not to exceed a max of 10' high x 15' wide Non-Res. ground signs are not to exceed a max of 10' high x 15' wide Max. number of non-res. signs not to exceed one per wall or entry Maximum size of directional signs shall not exceed four square I feet 1 Building Dir. sign per building Dir. signs shall not be higher than four feet above the crown of the road No 1 wall sign 3 wall signs Each tenant may have a maximum of two signs (with the exception of corner tenants in mixed-use bldgs) Blade signs for tenants with multiple frontages (more than 2) not to exceed a max. of 2 blade signs total Ground sign is 40' wide x 6' high 2 signs Yes NIA No 25 feet No Ground sign is 27' 6" wide x 6 feet high 12' 6" No 3 Residential signs Yes The largest directional sign proposed is 22 square feet 18 square feet 32 Directional Signs 20 signs No Dir. signs mounted on poles are the road located 7' above the crown of 3 feet No (1) Staff recommends approval of the waiver to allow for tenant signs to be installed above the second floor line as indicated on the Master Signage Package. It is staffs professional opinion that this waiver is justified because these signs are affixed to an area of the building that is architecturally compatible with the signage. These signage locations provide for tenant visibility without negatively impacting the aesthetics of the building. However, staff does not support the signage located on the tower elements on Building C. Staff believes the signage on these elevations detracts from the architectural features and could be installed according to code below the second floor line. 13 Date Prepared: June 6, 2006 Meeting Date: June 27, 2006 (2) Staff recommends denial of the waiver to allow for one additional sign on the West elevation of Building E. The guidelines for tenant signage specifically state that tenants are not allowed three wall signs. It is staffs professional opinion that the tenant should adhere to the tenant signage guidelines to ensure uniformity and consistency within the site. 0 (3) Staff recommends approval of the waiver to allow for tenants to have a maximum of two signs per tenant spacehay. The tenants may have a combination of two signs, but not to exceed a total of two signs on any given elevation. It is staffs professional opinion that the combinations of these different types of signage enhance the pedestrian scale intent of the project and promote pedestrian circulation throughout the site. Furthermore, staff believes that the signage on the front and rear of the buildings is important because it increases the "Mainstreet" feel throughout the project and would aid pedestrians with identifying tenants from the parking areas. (4) Staff recommends denial of the waiver to allow for two blade signs for each tenant. This type of signage is intended for pedestrian and vehicular traffic that is internal to the site. It is staffs position that this additional signage on buildings fronting PGA Boulevard is excessive and recommends that they be limited to elevations not visible from PGA Boulevard. If the applicant revised the request to reflect blade signs only for tenants without frontage on PGA Boulevard, staff would be in support of the waiver as this type of signage improves way-finding and complements the mixed-use concept. Staff recommends denial of the waivers to allow for an increase in size for a non- residential ground signs. City Code Section 78-285, states that the ground signs may have the maximum dimensions of ten feet high by fifteen feet wide. The applicant proposes two different types of non-residential ground signs and neither type meets the dimensions of City Code Section 78-285. The applicant is proposing two project identification signs for Palm Beach Community Church along PGA Boulevard that are forty feet wide by six feet high, an increase of twenty five feet in width. The applicant is also proposing a project identification sign for Midtown along PGA Boulevard that is twenty eight feet wide by six feet high, an increase of twelve feet, six inches in width. It is staffs opinion that the signs are too large and should be scaled down to meet the size requirements set forth by City Code. Furthermore, it is staffs professional opinion that the applicant has not adequately justified the waiver request to increase the size of the monument signs. (6) Staff recommends denial of the waiver to allow for one additional residential monument sign in addition to the two permitted by City Code. The additional monument sign is located just west of the Palm Beach Community Church's main entry. City Code Section 78-285, states one residential monument sign is permitted for every wall or residential point of entry. The Residences at Midtown have two points of entry into the site. It is staffs professional opinion that the sign is located in an inappropriate location and is unnecessary signage. Staff recommends approval of the waiver to allow for building directional signs to exceed the maximum size. City Code Section 78-285, states that building directional signs may not exceed four square feet. The applicant proposes three types of building (7) 0 14 Date Prepared: June 6,2006 Meeting Date: June 27,2006 directional signs and the largest type is twenty one square feet. It is staffs professional opinion that the waiver to allow an increase in the size of the directional signage is justified because of the rather large-scale nature of the project. Furthermore, directional signs are intended to promote pedestrian activity and way-finding throughout the mixed-use site. (8) Staff recommends denial of the waiver to allow twenty additional building directional signs. City Code Section 78-285 states that one directional sign is permitted for every one building on site. Staffs professional opinion is that the deviation from City Code is too great and the site has more than adequate signage to promote pedestrian and vehicular visibility. Furthermore, it is the intent for building directional signage to serve as a means of locating structures on site and not an additional means of advertising. (9) Staff recommends denial of the waiver to allow for building directional signs to be located more than four feet above the crown road/paving. City Code Section 78-285, states that building directional signs are not to be elevated more than four feet above the crown of the road/paving. The applicant proposes to mount the signs on poles elevated seven feet above the sidewalks throughout the site. It is staffs professional opinion that the waiver is not justified because the post-mounted directional signs are not well incorporated into the site and detract from the overall appearance of the site. In addition, staff believes that the there is an adequate amount of directional signage proposed on the site. PLANNING, ZONING, AND APPEALS BOARD WORKSHOP (PZAB) 0 The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a workshop item on March 28, 2006, and requested the applicant to address the following comments prior to the PZAB’s recommendation (stafs responses are in italics): 1.) The PZAB stated that the applicant should revise the renderings to be in conformance with City Code and the requested waivers. The applicant has revised the plans to reflect an accurate, drawn to scale, illustrations of signage. 2.) The PZAB stated that the Principal Tenant Sign for Palm Beach Community Church should be located on the architectural band on the rotunda of the Church Building (Building G). The applicant has revised the plans to reflect the Principal Tenant Signage to be located on the architectural band on the rotunda.featui-e. 3.) The PZAB stated that the tower element on the Palm Beach Community Church was rather large and should be revised or removed. The applicant has revised the plans to reflect the absence of the tower element on the monument sign. 4.) The PZAB stated that the applicant submit a site plan illustrating where the proposed signage is to be located. The applicant has submitted a site plan illustrating the proposed signage.for the project. 15 Date Prepared: June 6, 2006 Meeting Date: June 27,2006 STAFF RECOMMENDATION Staff recommends approval with the six waivers and denial of five waivers with the following 0 conditions of approval: 1. Prior to scheduling the petition on the City Council Agenda, the applicant shall revise the project narrative and update the list of requested waivers. 2. Prior to scheduling the petition on the City Council Agenda, the applicant shall revise the Master Signage Package submittal for consistency with the list of requested waivers. 3. Prior to scheduling the petition on the City Council Agenda, the applicant shall revise the Master Signage Package to include a scaled drawing of each type of wall sign per elevation. 4. Prior to scheduling the petition on the City Council Agenda, the applicant shall revise the Master Signage Package to reflect the design of the under canopy walkway signage. 5. Prior to scheduling the petition on the City Council Agenda, the applicant shall revise the Master Signage Package to reflect a note in the design guidelines that states each building is allowed only one principal tenant sign that is between 24 - 36 inches in letter height. 16 Monday, June 03,2002 (Revised Monday, April 28,2003) (Revised Friday, July 18,2003) (Revised Friday, May 19,2006) (Revised Monday, June 05,2006) RAM Development and Palm Beach Community Church are seeking City Council approval of eleven (1 1) additional waivers than the original seven (7) as approved by the City of Palm Beach Gardens Land Development Regulations (LDRs), to allow relief from specific site development regulations. The new waivers are associated with the proposed master sign program developed for the entire mixed use project required by the approved development order. These new waivers are outlined and justified below. Waiver 1 & 2 - Section 78-285, Table 24: Permanent Signs To allow for a Principal Tenant Identification Sign above the first floor level on Retail Buildings “C” and “J” Although the Code does not specifically state that Principal Tenant ID signs are not allowed above the first floor level, it is a general policy that is enforced by the Growth Management staff. The Applicant is requesting a waiver to allow for the Principal Tenant ID sign to be located above the second floor line. The City typically allows building identification signs more flexibility than tenant id signs, with respect to location on the building faqade. The Applicant feels that this waiver is justified as Principal Identification signs throughout the City have historically been approved at locations above the first floor line. In situations such as this, with a multi-story building, it is not always reasonable to restrict the primary identification to that building to be located at the first floor level in line with all other first floor flatlwall signs. A more prominent location for the Principal Tenant sign is desired to ensure maximum visibility to the structure. Waiver 3 - Section 78-285, Table 24: Permanent Signs To allow for a Principal Tenant Identification Sign above the first floor level on the Palm Beach Community Church Building (Building “G”) The Borland Center Waiver Request Document 3 ai1 512003 Although the Code does not specifically state that Principal Tenant ID signs are not allowed above the first floor level, it is a general policy that is enforced by the Growth Management staff. The Applicant is requesting a waiver to allow for the Principal Tenant ID sign to be located above the second floor line, on the Palm Beach Community Church building. The City typically allows building identification signs more flexibility than tenant identification signs, with respect to location on the building faqade. 0 The Applicant feels that this waiver is justified and necessary due to the architectural design of the building, which naturally dictates, for instance, that the Palm Beach Community Church be located, as shown, just under the roofline. Furthermore, the Banquet Hall Principal Tenant ID sign is also shown above the first floor line to differentiate the use from the smaller uses which are identified as ground floor tenant users. The location of the Principal Tenant Identification Signs on this building increases visibility to these prominent and important uses. Furthermore, the elevated signage proposed for Building “G” is internal to the site and will not be visible from PGA Boulevard. Waiver 4 - Section 78-285, Table 24: Permanent Signs To allow for a Principal Building sign and Principal Tenant Identification Sign on the Palm Beach Community Church Building (South Elevation) Table 24 of the Sign Code states that buildings are limited to one (1) Principal Tenant Identification Sign. The applicant is requesting to be allowed to have one (1) Building Identification Sign and one (1) Principal Tenant Identification Sign on the Palm Beach Community Church building (south side). This is justified because of the prominence of the two uses which will be located within the building, and due to the fact that the building essentially has more than one front, with each of the signs fronting onto different locations within the PUD. Marketing is important to both uses, and the scale of the building is appropriate for signage at both proposed locations. The building has been designed to appear as two separate structures with a common main floor and the additional signage shall represent donor identification. Both uses are equally important to the sustainability and viability of the Palm Beach Community Church and the Banquet Hall, and both require optimal visibility within the site. Both Principal Identity signs will meet all Code requirements relative to size and dimensions. 0 Furthermore, the elevated signage proposed for Building “G” is internal to the site and due to the angle of repose will not be visible from PGA Boulevard. Waiver 5 - Section 78-285, Table 24: Permanent Signs To allow for projecting walkway signage for all building with covered pedestrian walkways Table 24 of the Sign Code does not specifically address “projecting” walkway signs, however, this signage is typically found within mixed use developments in which multiple tenants exist. This proposed signage targets pedestrian traffic as it is proposed to be located in under canopy areas and not readily visible for passing vehicular traffic or from adjacent rights-of-ways. The Applicant is seeking approval of this waiver request to further encourage and support the Cotleur Hearing 1934 Commerce Lane, Sulte 1 Jupiier, FlorMa 33458 561 141 6336 Fax 747 1377 0 2 c The Borland Center 811 5/2003 7 Waiver Request Document ? pedestrian activity throughout the development and to provide additional character and interest to the public accessing shops and services within the development. 0 Waiver 6 - Section 78-285, Table 24: Permanent Signs To allow for blade signs for tenants with multiple (more than 2) frontages. Table 24 of the Sign Code does not specifically address “projecting” blade signage as tenant signage. The Applicant is requesting that for those unique tenants that possess three frontages that the third frontage be allowed to provide a projecting blade sign in place of requesting a third flat wall tenant sign. This sign would be necessary for both pedestrian and vehicular traffic and would typically be located within the interior of the development and not visible from adjacent rights-of-ways (i.e. PGA Boulevard, Shady Lakes Boulevard and Garden Square Boulevard. Waiver 7 - Section 78-285, Table 24: Permanent Signs To allow for an increase in sign area for the Palm Beach Community Church non- residential ground signs. Table 24 of the sign code allows for non-residential ground signs to have a maximum size/dimension of 10 x 15 feet. The Applicant is requesting a waiver to allow for an increase in the project identification sign located along PGA Boulevard to be 40 x 6 feet in size, an increase of 90 square feet. This request is made to maintain a proportionate scale between the grand entrance to the mixed-use development and the large size of the open green and hardscape area leading to the development and for future consideration for the undeveloped area of the ~ Waiver 8 - Section 78-285, Table 24: Permanent Signs To allow for an increase in sign area for the Midtown non-residential ground signs. Table 24 of the sign code allows for non-residential ground signs to have a maximum size/dimension of 10 x 15 feet. The Applicant is requesting a waiver to allow for an increase in the project identification sign located along PGA Boulevard to be 28 x 6 feet in size, an increase of 18 square feet. This request is made to maintain a proportionate scale between the grand entrance to the mixed-use development and the large size of the open green and hardscape area leading to the development and for future consideration for the undeveloped area of the property . Waiver 9 - Section 78-285, Table 24: Permanent Signs To allow for two additional non-residential ground signs along the PGA Boulevard Right of Way. Table 24 of the sign code allows for one non-residential ground sign for the first 300 lineal feet of ROW and one for each additional 700 lineal feet of ROW. The Applicant is requesting a waiver to allow for an increase in the number of permitted signs along the PGA Boulevard ROW. The subject property has a linear frontage of 2,225 feet along PGA Boulevard. This would allow the Applicant to have three non-residential ground signs. The Applicant is proposing Cotleur Hearing 1934 Commerce Lane, Sulte 1 Jupiter, Flodda 33458 561 747 6336 FW 747 1377 0 3 c The Borland Center Waiver Request Document 8/15/2003 I five non-residential ground signs along PGA Boulevard. The Applicant would like to request an additional two ground signs. The request is made to promote the sustainability and viability of the Borland Center and the Palm Beach Community Church, and both require optimal visibility from PGA Boulevard. The purpose of the additional signage is to book match the two entrances into the development. 0 Waiver 10 - Section 78-285, Table 24: Permanent Signs To allow for an increase in the maximum dimensions for directional signs and pedestrian way finding signs. Table 24 of the sign code allows for Building Directional Signs to be a maximum size of four square feet. The Applicant is requesting a waiver to allow for an increase in the maximum size for the proposed Vehicular Traffic Directional signs and Pedestrian Way Finding signs to twenty- two square feet. The request is made to maintain a proportionate scale between the development size and the associated signage. The Directional and Pedestrian Way Finding signage is architecturally treated with fenestration and graphics for easy interpretation of the multitude of uses through out the development. Waiver 11 - Section 78-285, Table 24: Permanent Signs To allow for an increase in the maximum height for directional signs and pedestrian way finding signs. Table 24 of the sign code allows for Building Directional signs to be a maximum height of four feet tall. The Applicant is requesting a waiver to allow for a two foot and five inch increase in the maximum height for the proposed Vehicular Directional Signs as well as the Pedestrian Way Finding Signs. The request is made to maintain a proportionate scale between the development size and the associated signage. The Directional and Pedestrian Way Finding signage is architecturally treated with fenestration and graphics for easy interpretation of the multitude of uses through out the development. PERMANENT SIGNS (3 waivers) PERMANENT SIGNS PERMANENT SIGNS PERMANENT Borl Section 78-285 Table 24 Section 78-285 Table 24 Section 78-285 Table 24 Section 78-285 Cotleur Hearing 1934 Commerce Lane. Sulte 1 Jupiier, Flodda 33458 0 561 747 6336 Fa 747 1377 nd Center for Communitv Enrichment .._ - - 'REQUIREMENT -- P r I n c I p a I Ten an it% 1 Id i ng I.D. Signage to be located below second story floor level One Principal TenantlBuilding I.D. sign per elevation NIA NIA 4 H PROP&SED"w' .- __ -. Allow PrinciDal Tenant 1.d. signage'above the first floor Request for one Principal Tenant and one Building 1.D sign on the PBCC south elevation Allow for projecting signage in specific areas of the development Allow additional ~ ~~ Principal TenanWBuildinq I.D. signage at second floor of building One additional sign requested on the south faGade due to the appearance of two buildings and to identify two separate users Projecting signage for pedestrian arcade areas in addition to flat wall tenant i.d. signage A third sign (projecting blade The Borland Center Waiver Request Document 8/15/2003 SIGNS PERMANENT SIGNS (2 waivers) PERMANENT SIGNS PERMANENT SIGNS PERMANENT SIGNS Table 24 Section 78-285 Table 24 Section 78-285 Table 24 Section 78-285 Table 24 Section 78-285 Table 24 Maximum non-residential ground sign area @ 10 x15 = 150sf 1 non-residential sign for 1” 300 lineal feet of ROW; 1 sign for each additional 700 lineal feet of ROW. Maximum directional & pedestrian sign area @ 2 x 2=4sf Maximum directional & pedestrian sign height @ 4 feet. Cotleur Hearing 1934 Commerce Lane. Sulte 1 Juplter, Flolda 33458 561 747 6336 Fox 747 1377 0 5 projecting “blade” signage for tenants with multiple (>2) frontages Request a larger sign area of 40 x 6’ = 240 sf for main entrance sign Allow for more than the 3 permitted ground signs along the PGA Blvd ROW. Request a larger sign area of 22 sf for directional and pedestrian signs. Request a larger sign height of 6’ 5” feet for directional and pedestrian signs. sign) to be used on third faGade for identification purposes. 90 sf increase in area of sign that is incorporated into a larger entry wall feature 2 additional non-residential ground signs along the PGA Blvd ROW. 18 sf increase in area of sign 2’ 5” feet increase in sign height. COMMENTS FROM THE PUBLIC Request to Address City Council Subject : Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print si ’ I /C.L ;I ’- ’ Address: City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: c h .. City: uc Subiect: 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: d,, p&+A+cA% c-0 Address: City: Subject: \o*j 54 9 \I- L& ,-+&< I 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. I , COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print City: ?06 ~ 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: C;R-RC,L~~ CcF.QPL/ic Address: 76- I-fc,Qso27/ %fly City: T 66 Subject: ci)LA- %WJD eor?RLOcI< CWZR Lnlf ~~ ~ 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. Cotleur & Hearing The Bon!imf Center ADMINISTRATIVE AMENDMENT #4 Mainstreet at Midtown Limited Partnership, the Applicant, is seeking approval of an Administrative Amendments for minor site plan, hardscape and color palette changes to the Borland Center for Community Enrichment PUD. This is best characterized as design enhancements and upgrades to the approved plans of record. This is the fourth amendment to the approved plan which was adopted by City Council on August 05, 2004 by way of Ordinance 13-2004. lMUdU&bn Included with this submittal are the site, landscape, hardscape, engineering and architectural plans and architecture identifying the following modifications: 1) Color Palette to be consistent with architectural style. 2) Upgrades to landscape and hardscape to be consistent with the approved AlPP as well as beautifying the PGA Boulevard corridor. 3) Main Plaza enhancements including the removal of Building A. 4) Removal of Building L. 5) Relocation of the Residential Proberty Management square footage from Building H to Building J. 6) Western outfall update. 7) Addition of decorative fence at east end of lake adjacent to landscape buffer. t Pmj& Ziwm The project team associated with this specific amendment may be found below: CLIENT MAINSTREET AT MIDTOWN LP 3399 PGA BOULEVARD, SUITE 450 PALM BEACH GARDENS, FLORIDA 33410 CONTACT: BOB SKINNER/ ERIC TOTH PHONE: 561-630-6110 ARCHITECTS MARK WIENER & ASSOCIATES 33 S.E. 4TH STREET BOCA RATON, FLORIDA 33432 PHONE: 561-750-41 11 FAX: 561-750-5298 CONTACT: MARC WIENER, AIA Cotleur Hearing I934 Convnerce Lone. We 1 Juplle, FW 33458 501 747 6336 Fa747 1377 PLANNERS AND LANDSCAPE ARCHITECT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 PHONE: 561-747-6336 FAX: 561-747-1 377 CONTACT: DON HEARING/ ALI KALFIN ENGINEER URS 7500 CONGRESS AVENUE BOCA RATON, FLORIDA 33478 PHONE: 561-862-1050 CITY OF M1.M BCC;! GDNS FAX: 561 -994-6524 CONTACT: BOB ZUCCARO MAY 15 2066 . Mainstreet @ Midtown . SP AAk4 - AIPP/Color PaletteIDeleting Bldg A May gth, 2006 The Applicant is requesting minor modifications to the site, hardscape and landscape plans within The Mainstreet at Midtown (aka Borland Center) plan. The architecture and engineering plans have been updated to be consistent with these changes. Specifically the Applicant is requesting the following changes to the approved site plan layout: Co/or Pa/&& The color palette has been revised to reflect earth tones (colors found in nature) instead of pastels to better compliment the architecture and to bring a warm feel within the development. These revised colors are more consistent with the Contemporary Mediterranean style architecture found through out the site. A photograph of the on-site mock up has been provided within this submittal as well as a color palette for all buildings within Midtown including Palm Beach Community Church. Staff is invited and encouraged onsite to view the mock up first hand. PGA Bou/ev;a/d Comaor /mpmvi& Both landscape and hardscape have been substantially enhanced along the PGA Boulevard perimeter of the site. The improvements include adjustments to accommodate and encourage pedestrian activity as well as esthetically pleasing views for vehicular users bf the PGA Boulevard corridor. The hardscape has been reconfigured to create a sense of invitation for both the vehicle and pedestrian entry areas. All of the scored colored concrete has been replaced with real clay brick pavers. Project identification signs have been added consistent with the master signage project. Seatwalls and other pedestrian amenities have been added and improved. The plaza on the south side of Building C (PGA Boulevard) has been redesigned to complement on the recently approved AIPP. Planters have been relocated and added to frame and create the outdoor spaces. Walkways within the PGA parkways have been designed to encourage pedestrian interaction and to engage the architecture. These enhancements have resulted in increased provided landscape points. The Master Plant Palette has now exceeded the required point total by 53,033 points. Main P/ara /mpmvmen& The plaza has been further enhanced to open up the space and to act as a large public gathering area. To this extent, Building A has been removed as it interrupted views from Main Street and the main walkway element from the parking garage to the plaza. The 400 square feet of retail from Building A will be used for restaurant outdoor seating areas by way of a “future amendment”. The plaza has extended its boundaries from Building C to north side of Main Street. Speed tables have been added within both “drop off areas on the north and south sides of the plaza as well as Bollard and landscape lighting. Cotleur Hearing 1934 Commerce Lone. ate 1 Jupner. Flolldo 33458 541 747 6336 Fm 747 1377 2 F:\Project Documents\PALM BEACH COMMUNITY CHURCWdrnin Amend #4\Nanative 3.6.06.doc ,-Mqins!reet @ Midtown * . SP AAh - AIPP/Color PalettelDeleting Bldg A May gth, 2006 uep/acRment ofBu./dhg L Building L has been removed. The 825 square feet of retail entitlement associated with Building L will be utilized for restaurant outdoor seating areas by way of “future amendment”. Outdoor seating is essential to the activation and vibrance of the Main Street and pedestrian areas of Midtown. A landscape focal point has been provided here with detailed hardscape and large palms such as Royal Majestic’s. The focal point will extend Main Street and create an outdoor gathering area. The 825 square feet of retail from Building L and the 400 square feet from Building A are now being reflected in the site data chart as future retail. This entitlement will be converted to outdoor seating as part of a future amendment at such time when the restaurant owners are fully identified. RmYd&/ Propetty Managmmt Center Rd&>n 3,000 square feet in Building H was designated as office to serve the residential component. This included all of the residential buildings, HI RI, R2, R3 and R4. The Applicant is requesting to move the allocated office to Building J in order to maximize the retail functions on Main Street. The Applicant is concerned that the ofice at the current location will take away from the pedestrian atmosphere and the required critical mass on Main Street. Therefore the 3,000 square foot Residential Property Management Center will be reallocated from Building H to Building J and 3,000 SF of retail in Building J will be reallocated to Building H. Ehgineehhg and Piat Consi*&cy The site plan and engineering plan are being updated to be consistent with the existing outfali easement in the northwest corner of the site. This includes modifications to the drainage for Shady Lakes Drive and the revised outfall in to the EPB4 Canal. The Applicant has obtained an easement agreement, included herein, from the Garden Lakes Property Owners Association allowing for a discharge at the existing piped connection in the northwest corner of the site. &w!knsibn ofFmce The approved site plan shows a decorative fence between the lake and Garden Lakes. The Applicant is requesting to extend the decorative fence on the eastern boundary along Garden Square Boulevard located not to detract from the landscaping on the east side of the fence. All development order regulations of the City of Palm Beach Gardens Comprehensive Plan and Land Development Regulations have been met by this application. The proposed modifications to the site development plans, architecture and engineering are consistent with the surrounding uses, both interior and exterior to the site. All uses at Midtown are approved and are not affected by this request. The requested modifications are necessary and timely as the Applicant shifts into the permitting phase of development for the project. This amendment request will not adversely impact surrounding properties and will ensure consistency with the construction and engineering plans. Cotleur Hearing 3 1934 Commerce Lone, Sute 1 Jupner, Fbfkk~ 33458 561 747 6336 Fox 747 1371 F \Project DocwenIsWALM BEACH COMMUNITY CHURCMAdrnin Amend M\Nanative 3 6 06 doc Prepared By and Return To: .Steven cohen, Zsq. 4176 Bums Road Palm Beach Gardens, FL 33410 J AND RESTATED GRANT OF EASEMENT (this by and between JOHN D. AND CATHERINE T. and entered into this '35% day of /-e i.0 i -: w. A. Grantor has rn ee a Landscape Buffer Easement dated July 6 d July 29, 1393, in Official Record Book 76 Document No. 93-239903 in the Palm Beach County R the '#Prior Easement"). B. Grantor and Grante ify the term5 of the Prior Easement by amen the Prior Easement in whole. C. Grantor is the owner t certain parcel of land in alm Beach, and State of attached hereto and by kway Premises") - the City of Palm Beach Gardens, Co Florida, legally described in this reference made.a part here D. Grantee desires to have acc the Parkway Premises for purposes of installing, landscaping, sidewalks, pathways, as more part hereof .. particularly described on Exhibit B E. Grantor desires to grant, and Grantee desires to receive, upon and subject to the terms and conditions herein provided, a nonexclusive right-of-way and easement over and across Premises, which is in lieu of and as substitution for N RFeREFORE, in consideration of the foregoing, the sum of One an -,*/lo0 Dollars ($1.00), the mutual covenants and agreeme&&'@ the parties hereto and other good and valuable consider$&&Ls, the receipt and sufficiency of which are hereby p'arties hereby agree as follows: 1. hv Rpfe-. The provisions of are, by this reference, herein ihcorporated a they had been set forth in the text of this Agreement. 2. .. Subject to the terns of this Agreement and to a@?s and conditions of record, Grantor hereby grants, give;- a@& conveys to Grantee, its successors and assigns, for the purpwyherein stated and for no other purpose, a nonexclusive right-&-way and easement for the purpose of the construction, maintenancf$>-Yepair, replacement and operation of the Parkway Improvement sf' \GJ I the Parkway Premises, together with f-Y I: the right, upon such portions of the Parkway Premises as reasonably necessary for the purpose of constructing, repairing, replacing and operating the Parkway exercising the rights and performing the accordance with the terms of this Agreement and in compliqe$&kh all applicable laws. +,' \/, --. 3. CP /+$)Except in the event of an -\L. *, emergency, each party to this yznS$..rnent, including their successors and assigns, shall be ob \+dd to make all reasonable efforts to give the other party reasdnable prior notice of their intention to install or replace facilit&% or improvements within All such work\ii be carried out in a the Parkway Premises - 4 (/- .J> 2 .. workmanlike manner and upon completion the affected site and surrounding areas impacted by any work done at the affected site, shall be returned to substantially the same condition as existed prior to commencement of the work. Further, as to the giving of shall only be obligated to give prior notice of the parcel which is being affected by work in the Parkway Premises is held by more than Grantee shall only be obligated to notify the the parcel upon which the Grantee anticipates the Grantee. In other words, if fee title or .' e, Q;.Y of w. Subject to the terms of this Agreement, reserves the following rights with respect to the Parkway4&fh?ises so long as the exercise by Grantor of such with Grantee's use of the .q. implemer&&h@.its work. 4. J /' Parkway the purposes herein granted: right to use the Parkway manner as Grantor shall deem said uses are not inconsistent with recited in Paragraph 2 of this Agreement; and access, utility or the right to grant others the right to u All provisions of this Agreement, including th d burdens, shall run with the land and are binding up the benefit of all parties having or acquiring a or interest in or to any portion of, or interes he Parkway Premises - (a) As bet antee, Grantee assumes sole and entire responsibility loss of life, injury to persons or damage to such property J:\Leqal\DJE5645 3 may be located) that may be sustained directly or indirectly due to the activities, operations or use of the Parkway Premises (including, without limitation, any such loss, injury or damage due to the construction, maintenance, restoration, operation, replace ent or repair of the Parkway Improvements) by Grantee, its agents, mployees and contractors, and for those claiming through any @\ (collectively, the "Grantee Group" ) . Grantee, for itself and for those claiming through releases Grantor, its officers, directors, partner26:'vloyces, agents , mortgagees, licensees, contractors , guests a& ,+i.nvitees (and their respective officers, directors, partners, emp>+@es, 'agents, mortgagees, licensees, contractors, guests an%jitr?virees, subsidiaries, affiliates, successors, grantees an eigns) (collectively, the "Grantor Indemnitees" 1 from any and 'kkl lTiability, loss, claims, demands, 1 iens, damages, penalty, fines%arest, costs and expenses (including, without limitation, re ble attorneys' fees and litigation costs incurred by the ws$or Indemnitees in connection therewith) and 4 (b) Grant&J*eby j* J L' for damage, destdgk or theft of property, that may arise from operations on, or @?use of, the Parkway Premises (including, without limitation, anhsuch liability, loss, claims, demands, liens, damages, penal s'gines, interest, costs and expenses that may arise as a r $gift of the construction, maintenance, lacernent or repair of the Parkway restoration, operation, Improvements) by the Gra (c) Without of liability provided for in Florida and the Florida Constitution, Grantee hereby defend and hold harmless the any and all liability, fines, reasonable Grantor \ J:\Legal\NE5645 4 -. restoration, operation, replacement or repair of the Parkway Improvements) by the Grantee Group. 7. -. Grantee covenants and agrees: construct, erect, maintain or permit any structure, facility or improvement of any kind or nature other Improvements on or under the Parkway ‘ Premises, instance, the prior written approval of Grantor; Parkway Premises and the Parkway Improvements and repair and in an attractive and sightly with the manner which public parks are of Palm Beach Gardens, Florida or any park district or ?.ti€ler governmental authority responsible for the maintenancwj/aFygublic parks in the City of Palm Beach Gardens, Florida; ank?4@; not to transfer, assign, license or permit any nterest under this Agreement other than as 3 hereof and except for the he Parkway Improvements for \*d i . Grantee hereby agrees not xisting easement on, under, Furthermore, Grantee hereby agrees not to interf e of any easement hereafter granted on, under, ,%?$j across the Parkway Premises or with any other use of tcbx<&$, Premises so long a5 such easement, the use thereof or any o&@+.r) use does not materially interfere with or is not inconsistenkbdQ Grantee s rights hereunder - VH-y: 9. with J&2:>%ll construction, maintenance, alteration, replacement, ope p-f&pm-;,and repair of the Parkway Improvements by Grantee shall with all applicable laws, statutes, building codes and of general application (collectively, ”Laws”). does not abrogate or supersede any applicable the parties to obtain permits, licenses, in order to construct, maintain, alter, the underground Parkway Improvements upon the Parkwayf”.-&mfses as Contemplated herein. 10. -bv.Grantge. If Grantee breaches any provision of this instrument and following written notification of such breach and fails to cure or make a good faith effort to cure such the right, but not the obligation, to rectify or thirty (30) days after the written notice, Grantor and the Grantee shall be obligated to reimburse the cost thereof, together with statutory interest, in does not: reimburse the Grantor for said cost from the receipt of Grantor’s invoice for to any other right: or remedy available ies. Tntparation. Grantee acknowledges that en induced in the making, execution, and statements, ents of Grantor. This Agreement embodies the entire of the parties and there are no further or written or oral, in effect warranties or matter hereof. is 12. Fee ronvev . At any time, Grantor shall have the right and optio-y its fee simple interest in the Parkway Premises to &;(tee. Grantor shall exercise said option by giving Grantee thirtfiB0) days prior written notice of the exercise of its option wi-*’chereafter shall tender a quit claim deed of the Parkway Preqbs$$ to Grantee. Provided, however, should title to the Parkwa+F?qmises be conveyed to the Grantee, as herein authorized, the %a k2 or its successors in interest and irrigation of this Parkwa&$54ses then required under the City’s PGA Boulevard Streetscae2P&& Ordinance - Title to the Parkway Premises shall be conveyg--f’&e and clear of all liens and encumbrances and subject only restrictions then of record Agreement). All documentary taxes fees shall be the obligation of the Grantee, No shall be i‘- -- ,CY shall remain responsible fordqL‘ 2 ‘&learing, grading, landscaping required to be paid by the Granteef;.ih the Grantor or its { 1 5; J:\Legal\DJE5645 6 successors in interest upon the exercise of the option contained in this paragraph 12’. 13. Transfer of Uiv Premises. Grantee may transfer, assign and convey all of its and interest under this Agreement to a governmental ncy, including a municipal corporation or dependent nt special district, which has among its stated installation, maintenance, repair and replacement of ovements of a similar nature to the Parkway Provided such transferor assumes all of the obligations as;. %rantee under this Agreement in writing and such document i&$? rded in- the public records of Palm Beach County, Florida, th$.Yphsferor -shall thereafter be released from any and all such ob&at&ns. The term “GranLee” as uoed in this Agreement shal r to such party or parties as may from time to timz be obligah@& perform the agreements of Grantee under this Agreement. p--:? \.J ’ : d ,-/‘ z-7 /x i.L? .-*j b” 7 I (b) Grantor may sell, . assign, transfer, convey or encumber its fee simple title to the Parkway Premises or any part thereof, subject in al1,cases to the terms of this Agreement. The , term ”Grantor” shall mean the party or parties owning the fee in and. to the Parkway Premises (or any portion time and from time to time. WHEREOF, the parties hereto have executed this the day and year first above written. GRANTOR : JOHN D. and CATHERINE T. MacARTHUR FOUNDATION, an Illinois not-for-profit corporation .*. c? 9 * -. -, ’-’-, -- ; -- >‘ , ,\”.’ r. . .. . -- . .. ... NORTHERN PALF.1 BEACH COUNTY qf-<*y WATER CONTROL DISTRICT, a Cpolitical subdivision of the i ‘L,‘. ik -.-- /.-? c,,-=”i’ :-Agate of Florida Print Name . J : \Legal\DJE5645 8 .. .. STATE OF FLORIDA 1 1 ss. COUNTY OF PALM BEACH) instrument was acknowledged before me this 1994, by Lc-- L . LcLdlrr as of JOHN D. and CATHERINE T. Illa&RTHUR FOUNDA%,~O@>%I Illinois not-for-profit corporation, on behalf of the co&&~~on, . and is personally known to rne,m4as--procfrr#d - (!e'. _- - - -- --as-ridenti€-ication;and-who-did-idifnotfLak-e zr w - ? -22 - I c, 2 . I . niC.,ci - -<r- Notary Public c343499 26,1990 COUNTY OF PALM BEACH )k' as acknowledged before me this by ULUAM L. F 1 Y & as the State of Florida, on - and who dkl- (did PALM BEACH Cod Zl'k CONTROL known to me & 1 J: \Lega1\DJE5645 LLGAL DCSCKII'TIOH LANDSCAPC UUFI:CIC PASLMCNT DEING A PARCCL OF LAND LYING IN SECTION 2. TOWNSIIII' 42 SOUTII. IlANGC 42 EAST. CITY OF PALM DCACII GAICDENS, I'ALhf UTACII COUNTY. FLOllllIA. MOIt1: PARTICULARLY DWCRIDCD AS FOLLOWS: COMMENCE AT TIIE SOUTII\VEST CORNER OF T11E SOUTIIWEST 0NE.QUAltTElt 01' SAID SE(TTION2;TIIENCB NO2O 10'32'E. ALONGTIIE WtST LINC OF SAID SOUTI1WC5 r ONE-QUAXTER. A DISTANCEOF IJ9.85 FLCTTOl'lIC INTERSECTION OFTllE FIOnTll ' CUItYE CONChVtSOUfllERLY. IlAVlNC A IlAUIUS 01; DEAItINC 01:557" 17'117'E; TIICNCL: CASI-I:llI.Y ALONG A CCNTllAl. ANGLE OFr3"011*JBr, A DISl'hNCI: 2 .. 123.68' e'; PAtM BEACH COUNTY - FLd HIS IS NOT A SURVEY .~ I I II :I* i - I [. i I- I. 4 ' I I 'I I' .I I I rnni AUG.19 91 el 4411 eY8ARCADVlO II IAtT OBCLOLA. DRIVE, WEIT STUART. PALM FL. 8LAW, Z4Dm4 f1.134ai 5192.46 I---- 7-= 100' Hutcheon Engineer ; MK ff tt0Illaolc CIVIL INQlHlCLRI 4 ZIURVLYOAS llU A Dm. Wr --- --- WFD -. ___.__ IlElNG A PARCEL OF LAND LYING IN SCICTION I I.TO\VtJSIIII' 42 SOU'TII, ICANGC 42 EAST. CITY OF PAtht DEACII CARDLNS. PALM UCACII COUNTY. I'LORIUA. MORE FAKTICULAHLY DESCKIDED AS FOLLOWS: . . COhlhltNCC ATTllE NORTIIWESTCORNCR OFTllC NOI~TII\VfSTONC-QUAICTCI~ Or SAID SECTION 11: TlltNCC S6I0 21' 38.L ALONG TllC NORTII LINI: OF SAID NORTIIWEST 0HE.QUARTIK. A DISTANCI: OF GOD.70 FCCT; TIICNCE Solo 37' 22-W. A DISTANCE OF 1CO.CO FEET TO A I'OINT ON TIlC SOUTIICiLY ItIGI1T-OF-WAY LINE OI'STATC IlOhD NO. 74 (PGA DOULCVAltD) AND TIIC POINT OF IICGINNINC. .. TI . 'I BALLEN I SLES DR I VE E-. 6% Pqs. 61 - 81 HIS IS NOT A SURVEY PALM BEACH COUNTY - FLORIDA REVISED 12-10-91. ~R 78.19 P3 1526 LEGAL DESCRIPTION LANDSCAPE DUFFER EASEblCNT - , ,T' < - r- - .LL I -I I _.- - e,& CIC. :> nClNC A PARCEL OF LAND LYING IN SECTION I I.TOWNSlfll' 42 SOUTII. RANGE 42 CAST. CITY OF PALbl UfACll GAICDCNS. PALM DCACII COUNTY, TLORIUA. MO1lE FARTICULARLY DLSCKIDED AS FOLLWiS: EASTEKLY Irlf.%~f~Ql%WY 01: SAlD IlALLCNISLES DKIVC; TIIENCC Nolo 37' 22-K, ALONG SAID EAS-5RMT-OF-WAY LINE. A DISTANCEOF55.00 FECl'TO Tllt I'OlNT Oq OfGINNING. kg CONTAINING 0.603 A -. (NOT VALID UNLW SE I IIEREDY CERTIFY Ihml tho De complclcd under by dlreclton correct 10 tho beat or my kno SED SURVEYOR'S SEAL) or iht properly shown llcrcon WII ,8nd lhrl said docrlpllon 11 lruc mnd I FURTHER CERTIFY fhaf thh Dcrcrlptlon an 622' mcelr ll~c hllNlh!Uhl TECltNlCAL STANDARDS FOR SURVEYS IC1 forth by Ihc Fkf&&+Ll ROOF LAND SURVEYORS purrumnl 10 Sccllon 472.027 Florid8 Slmlc SlaIul~,:~.~~.~~~~~~~~;~~~~~,.~ ~ -- .. EXHIBIT "A" Page 8 of 17 ROAD = S.H.76b .. I'AltCCL: &04 ! rws IS ULING A PARCEL 01: LAND LYING 1N SKCTION Z.TOWNSll\t' 42 SOUTl1, ItANCC 42 EAST, CITY OF PALM IbCACII GARDENS, PALh! IlChCll COU#'fI'. I'LORIUA, h101tI: I'h k7.I CU L ARLY D CSCIl IDC D AS FOLLO\VS: . .. COhfhlENCE AT TllE SOUTIIWCST'CORNER OF TllE SOUTIIPAST ONE-QUAllTLlt OF , SAID SECTION 2; TIIENCE S8d0 22' YJ'C, ALONG Tllt SOUTI1 LINE OF ShlD SOUTIIChST ONE.QUAIITEI~. A DISTAFICC OF 4.811 l:CC'r: TIICNCC NOID 17' 27'E:A CON'l'A~~~l.GS7 ACllfS. MOKt OR I.CSS. '.-A NOT 1 HEREDY' CERTlfY thil Ihc camp\eied under by dlrccrlon on correct 10 the bent of my knowle or thc properly ahown hcrcon wia and that said description I; frvc mnd I FURTHER CERTIFY that lhlt Dcrerlpllo STANDARDS FOR SURVEYS act rorlh by I purauant lo Sccllon 472.011 Florida Slrtc St3 Date of SIanr\urt 1 - 2-1 -q 2 A SURVEY. REVISED 12-10-01 .. .. EXH I B IT 'I A I' Jf L C ROAD = S.Fl.786 , - ORE 78% 9 PY I 5313 LEGAL DESCRIPTION LANDSCAPE UUFFLR EASEhlENT DElNC A FAllCtt OF LAND LYING IN SECrlON 11. TOWNSIIIP 42 SOUTIi. RANGE 42 I'ARTICULARLY DtSCRIDLD AS FOLLOIVS: CAST. CITY OF PALM DEACII GARDENS, r,v.bi UCACII COUNTY, FLO~~DA. htolzZ: . COLIMENCE AT THE NORTtiWE-ST SORNER OPTHE NORTHEAST ONE-QUARTER OF ' SAID SECTION 11. THENCE SO2 16' 54'W. ALONO THE WEST LINE OF SAID OF SA'S:@-!.JTATE KOAD NO. 74: TIIENCE ALONG SAID SOUTIIERLY RlGIIT.OF*\VAY LINE. SLIo 22'e3.8.l'E,A DISTANCE OF 1.23 FEET TO TllE POINT OF DCCINNING. ' .. . CON'I'A MORE OR LESS. I llEREOY CERTIFY thml the compfcicd under by direction 04 correct lo the bcrt af my knovlc REVISED 12-10-I -_ - 'U .=-\ PALM BEACH COUNTY 2?k$$jJA [i,..: .. . ' ' . ' . '* AVENUE OF THE PGA 1 j 6i .. I I *I 1 . .. .. I I WFD EXB I B IT 'I A" ROAD = S.R.786(PGA BLVi I'AltCliL: BOG a Page 12 of 17 GR8 7819 k 1532 LEGAL DLSCRIPTION LANDSCAPE IJUFI'CK LASChlEN'I' TC-. <-srz. &.&!I!& =< 79"; UCINC A PARCCL OF LAND LYING IN SECTIONS 11 A It. TOWNS1111' 42 SOWTII. RANGE42 CAST.CITY OdPALhl UCACILGAILDLNS. PALhI UCACII COUN'I'\'. 1'1.01111)A, LIOItB PARlICULAltLY DESCItIUED AS POLLOIYS: i i UCGINNI CONTAINli& 3.2RACRCS. hlOl\B OR LESS. . . .. y J ?y /p ' - .f-Qj lg?, (NOT VALK? UNLESS SEA SSCD SURVEYOR'S SEAL) . I HEREDY CERTIFY lhrl I completed undor by dlrccllun correct lo the beit of my kno or he properly iliown licrcon wai and ihrl aald dcrcrlplh 11 lrue and .. .. .I .. .. .. Ig I? I I ' u. I I I 'I I I 'HIS IS NOT A SURVEY L.E.= '806 4- I 9 4 0.557 N I-- - I;"."' I I I' I I I I PALM BEACH COUNTY - FLORIDA REVISED.12-10-91 . -. AUG.1991 CIVIL CHQINEERI 8URVEYORB I Ile L Ww. )(r. wc 1cAu lo= 60' Hutcheon Engineers tun oc WOll@Obc( 5192.46 3 3 II. BTB I m, ro. 44¶1 CU.ARUDCRO DRWL WE81 ?ALY OCAM. PL.334OI II CUT O~CLOLA. ~WART. rL. 141~ II -- L WFD *--. ----I i -. -' EX 11 15 IT Page 14 of 17 " A " ROAD = S.R.786 (PGA BLVi LANDSCAPE U UFI' CtL C ASEMCN'F - rn .I-+ i , - Z,&:r-J*+ ;< IIElNG A PARCEL OF LAND LYING IN SECTION. I. TOWNSIIII' 42 SOU'TII, I(htJCC 42 CAST. CITY OF PALhl LIEACll GARDENS. PALhl UCACII COUNI'Y. I~LOIlIUh, h901tll . . ~AKTICULARLY ULSCI~ILXD AS FOLLOWS: / EWIBIT "A" PAGE 15 Of 17 THIS IS NOT A SURVEY 'I EXHI BIT Page 16 irbc npbesk22 LEGAL DESCRIPTION . A Parcel of land situate in the Northnest One-lluwter (NM 1/41 of Section 11, Township d2 South, Range 42 East. being more particularly described as fa1 lous: thence departing from said North Flight-of-Ndy said West boundary lint! and continuicg a1or.g line of said Landscape Buffer Easenent, of 5.00 feet; thence SOUTH 88-22-38 EAST. depa::lng sdld South 5oundary tine. SOUTH 77-35-11 UEST. “-&distance of 206. 15 feet; thence NORTH @a-22-38 WEST, a distance of 21. 77 fp;; thence NORTH 01-37-22 EAST. a dlstdflce of 55.0U feet to intersrrqGT afareaentiancd South Right-of-way 1 ine of PGA Boulevard; thence \b&saIci South Right-of-way I ine, SOUTH ea-22-3e EASr, a distance of 15.00/ -4.0 the FOiNT OF RETjlHNiHG. i rl Subject to easements. righF%-@-uay, and/or reservatlons of record, Bearings refer to the Northkine of Section 11, Tousship 42 Sou!lt. if any. Hanqe 42 East. Pain Ec.acn Caunty, IInc belnq SOUTH 88-22-30 Ensf. SURVEY OR’ S CEnT IF I CAT 1 CH I hereby certify that the shown hereon and the sketch attached hereto does not resent a survey of the subject ureaises and that the data wets th forth by the Florida Board of P Section 472.027. Florida Statutes and Adalnlstratfve Code. lofarartlon sh:un ncrccn aces n~t con3tltutc. nor dies 1: represent, 1 9UfWJ of. the JubJecr preiires. NOT VALIO nlTHWf *CCUM&Y$k S;(€TCti. SEE SIIEET 2 OF 2 \y2, .,... . ,- ,--.>, Sheet 1 of 2 i ( ..../ ?, sect. ji: 1425; ~42~ f- and street lighting improvements which shall is not limited to: (i) bulbs, (ii) lighting (iii) wiring and conduits, (iv) control panels, i@j"rneters, and (vi) landscape poles and posts. *\ a. /J :. (b) Iy,ppion and sprinkler system, including but not i, \:5 22 limited to: ""fi) yqprinkler heads, {ii) piping, (iii) valves, (iv) meters, an %Q,contro1 panels for irrigation system. '"i;q &&- i;' * "Shrubs, flowering plants and grasses. 23- (c) Trees, (d) Sidewalks andhqr pathways. (e) Benches and kreetscape furniture. (f 1 Information ake$&x, warning signage and placement \5 b,** "-9 'I /--'>-. ./ .>'! /" ? ; I <;.j j '!&y;27 markers. fly. &x 0 (g) Other improvements IpM are generally consistent with . I-./ :.-.-- do /;,, I 1 ._ ?.I. the City's overall Comprehensiv cI?pS@? .L f/..-. ;<;+Qj ?=-j!A r,/ r,t/ J EXHIBIT J: \~egal\mE5645 " B . U.S. Department of Transportation Federal Aviation Adrn i n ist rat ion March 30, 2006 Mr. Din0 M. Gavaba Palm Beach Gardens Medical Center 3360 Burns Road Palm Beach Gardens, Florida 33410 Orlando Airports District Office 5950 Hazeltine National Drive, Suite 400 Orlando, Florida 32822 Phone: 407-81 2-6331 xl26, FAX: 407-81 2-6978 Dear Mr. Gavaua: RE: Aeronautical Study 2005-ASO-766-l\lRA Palm Beach Gardens Medical Center Helipor;t We reviewed the Federal Aviation Administration (FAA) Form 7480-1 , Notice of Landing Area Proposal, dated November 18,2005. We have determined that the proposed relocation of a private use landing area, to be located at latitude 26049'45.07"N., longitude 80°05'07.71 "W., (NAD 83) at Palm Beach Gardens, Florida, will not adversely affect the safe and efficient use of the navigable airspace by aircraft, provided: a. All operations are conducted in VFR weather conditions. b. The landing area is limited to private use. c. All approach and departure route helicopter operations are conducted in an area from 10 degrees clockwise to 290 degrees, using compass north. This would eliminate overflight of the hospital. d. The takeoffhanding area is marked in accordance with FAA Advisory Circular AC 150/5390-28, Heliport Design Guide". e. A non-obstructing wind indicator is maintained outside the safety area for the takeoff/landing area in accordance with FAA Advisory Circular AC 150/5390-28, "Heliport Design Guide". f. The planned weight of the Touchdown and Lift-off Areas (TLOF) shown indicates 10,000 pounds and should be changed to 15,000 pounds. We recommend that: a. No day helicopter operations are conducted, unless the Final Approach and Takeoff Area and/or Touchdown and lift-off area are distinctively marked in accordance with FAA Advisory Circular AC 150/5390-28, "Heliport Design Guide". b. No night helicopter operations be conducted unless the takeoff/landing area and wind indicator are lighted and a heliport identification beacon is installed. c. Unauthorized persons be restrained from access to the takeoff/landing area during helicopter flight operations by use of a non-obstructing safety barrier. d. Fire protection be provided in accordance with the local fire code and/or AC 150/5390-28, "Heliport Design Guide." e. You refer to AC 150/5390-28, "Heliport Design Guide," in establishing an acceflable level of safety for helicopter operations at this heliport. :$. .! Y1 d PARTNERS IN CREATING TOMORROW'S AIRPORTS-+ c i I 2 f. Approach and departure paths from heliports should meet the standards depicted in Figure 4-6 of AC 150/5390-28, Heliport Design, copy enclosed. Advisory Cicurlar 150/5390-28 can be found at the FAA Office of the Associate Administrator for Airports (ARP) home page at www.faa.nov/aro/~ublications/acs/5390-2B.~df. The void date of this determination is March 30, 2008. If the landing area is not completed by the void date, this determination will expire unless you have requested an extension, revision, or earlier termination. Also, please update (mark through, write beside, sign and date) and return the enclosed FAA Form 5010-2 (Airport Master Record) to this office. Please indicate on the white label attached to the enclosed 5010-2 as to whether or not you would like to have your landing area shown on aeronautical charts. Charting depends on the amount of “clutter“ already on the charts near your site. This determination does not mean that the FAA approves the physical development involved with your proposed landing area. Our determination is limited to the safe and efficient use of airspace by aircraft. Our review considered the effect the proposal would have on the following: Existing or contemplated traffic patterns of neighboring airports, e Existing, navigable airspace and projected programs of the FAAQ, and‘ Existing or proposed manmade objects on file with the FAA and natural objects. This determination does not preempt or waive any ordinance, law, or regulation of any other governmental, ’ body or agency. The FAA cannot prevent the construction of any object. Therefore, it is conceivable that your facility could be adversely affected by an object being constructed nearby unless you are protected through such means as local ordinances and/or acquisition of property rights. A general ordinance of the State of Florida may provide that certain airport constructions or alterations require a written permit prior to construction. The permit may be obtained from the Florida Department of Trans porta tion. Please let us know if you have any questions concerning this determination. Sincprely, [ Airports Program Specialist Enclosures: FAA 5010-2 Figures 4-6 of AC 150/5390-28 CC: Michael Hart, Harvard Jolly, Inc. . I September 30,2004 AC 15015390-2B L c 25011 [Ism] 4 50011 [l5lm] Note: Not drawn to scale. - NOTE: Rotor diameter and weight limitation markings are not shown for simplicity. Figure 4-6. VFR Heliport Approach/ Departure and Transitional Surfacw: HOSPITAL b U.S. DEPARTMENT OF TRANS$RTATION PRINT DATE: 03/28/2006 ) FEDERAL AVIATION ADMINISTRATION AIRPORT MASTER RECORD AFD EFF 02/1612008 Form Approved OMB 21204015 LOCID: 87FD FAA SITE NR’ 03422.54.H ASSOC CITY PALMBEACHGARDENS 4STATE: FL 2 AIRPORT NAME PALM BEACH GARDENS MEDICAL CENTER BCOUNTY: PALMBEACH FL 3 CBD TO AIRPORT (NM): 00 N e REGIONIADO: ASOIORL 7 SECT AERO CHT MIAMI 10 OWNERSHIP PRIVATE 2 70 FUEL: GENERAL SERVICES BASED AIRCRAFT 90 SINGLE ENG: ’ 11 OWNER PALMBEACHGARDENSMEDCNTR ’ 12 ADDRESS ’ 13 PHONE NR 407-622-1411 ’ 14 MANAGER TOM HENNESY ’ 15 ADDRESS ’ 16 PHONE NR 407-622-1411 :’ 17 AlTENDANCE SCHEDULE 3360 BURNS ROAD PALM BEACH GARDENS, FL 33410 3360 BURNS ROAD PALM BEACH GARDENS, FL 33410 MONTHS DAYS HOURS ALL ALL ALL 91 MULTI ENG: 92 JET: TOTAL: C 93 HELICOPTERS: 94 GLIDERS: 95 MILITARY: 88 ULTRA-LIGHT: FACILITIES ’ 80 ARPT BCN: CGY > 81 ARPT LGT SKED: PHONE REQ > 82 UNICOM: 18 AIRPORT USE PRIVATE 83 WND INDICATOR: YES4 19 ARPT LAT 264945.5000N ESTIMATED 84 SEGMENTED CIRCLE: NONE 20 ARPT LONG 08p0548.4000W 85 CONTROL lWR NONE 21 ARPT ELEV 14 ESTIMATED 86 FSS: MIAMI 22 ACREAGE ’23 RIGHT TRAFFIC NO ’ 24 NON-COMM LANDING RUNWAY DATA * 30 RUNWAY IDENT: ’ 31 LENGTH ’ 32 WDTH ’ 33 SURF TYPE-COND LIGHTINGIAPCH AIDS 40 EDGE INTENSITY 42 RW MARK TYPE-COND OBSTRUCTION DATA 50 FAR 77 CATEGORY 51 DISPLACED THR 52 CTLG OBSTN 53 OBSTN MARKEDILGTD 54 HGT ABOVE RWY END 55 DlST FROM RWY END 87 FSS ON ARPT: NO 88 FSS PHONE NR: 3052332800 89 TOLL FREE NR: 1-800-WX-BRIEF 0 HI 85 85 CONC -I- -1- I I I I \ -I- I- I f DO YOU REQUEST CHARTING: YES - NO- (Charting of your landing facility depends on the amount of“clutrer” already on the charts near your site) ) ARPT MGR PLEASE ADVISE FSS IN ITEM 86 WHEN CHANGES OCCUR TO ITEMS PRECEDED BY > -0.5- ASn - 7Lb -n//iA 110 REMARKS 116 ADDITIONAL PHONE 407-694-7200. I18 MEDICAL USE. 140 I52 RWY HI PERIMETER 8 FLOOD LGTS. RWY H 1 15 FT TANK 65 FT NORTH; 40 FT POLE 120 FT SOUTH; 40 FT TREES 70 FT EAST. I- I8 1 FOR ROTG BCN: PERIMETER & FLOOD LGTS CALL 407-622-1411. \I1 INSPECTOR ( N ) 112 LAST INSP: n $. 113 LAST INFO REQ: 06/03/1995 1 ?I. I FAA Form 5010-2 (5-91) SUPERSEDES PREVIOUS EDITION Th e B o r l a n d C e n t e r fo r C o m m u n i t y E n r i c h m e n t Th e B o r l a n d C e n t e r fo r C o m m u n i t y E n r i c h m e n t PA L M B E A C H G A R D E N S PL A N N I N G & Z O N I N G BO A R D Ju n e 2 7 , 2 0 0 6 PA L M B E A C H G A R D E N S PL A N N I N G & Z O N I N G BO A R D Ju n e 2 7 , 2 0 0 6 Bo r l a n d C e n t e r f o r C o m m u n i t y E n r i c h m e n t To n i g h t To n i g h t ’’ s W o r k s h o p s W o r k s h o p TO R E V I E W C O M M E N T S F R O M MA R C H 2 8 , 2 0 0 6 W O R K S H O P RE Q U E S T E D A C T I O N : RE Q U E S T I N G PZ A B R E C O M M E N D A P P R O V A L O F MI D T O W N P U D M A S T E R S I G N A G E PR O G R A M T O T H E C I T Y C O U N C I L TO R E V I E W C O M M E N T S F R O M MA R C H 2 8 , 2 0 0 6 W O R K S H O P RE Q U E S T E D A C T I O N : RE Q U E S T I N G PZ A B R E C O M M E N D A P P R O V A L O F MI D T O W N P U D M A S T E R S I G N A G E PR O G R A M T O T H E C I T Y C O U N C I L Bo r l a n d C e n t e r f o r C o m m u n i t y E n r i c h m e n t PZ A B R e q u e s t s Bo r l a n d C e n t e r f o r C o m m u n i t y E n r i c h m e n t PZ A B R e q u e s t s Re v i s e d r a w i n g s t o c o n f o r m t o C i t y C o d e . Ap p l i c a n t R e v i s e d ( s c a l e , a c c u r a c y , i l l u s t r a t i o n s , e t c . ) Lo c a t e P r i n c i p a l T e n a n t S i g n f o r P B C C o n t h e ar c h i t e c t u r a l b a n d o n t h e r o t u n d a o f B l d g G . Ap p l i c a n t R e v i s e d ( 1 v s 2 ) Re v i s e o r r e m o v e t o w e r e l e m e n t o n P B C C mo n u m e n t s i g n . Ap p l i c a n t R e v i s e d ( t o w e r r e m o v e d a n d s i g n r e d u c e d ) Su b m i t u p d a t e d s i t e p l a n i l l u s t r a t i n g p r o p o s e d s i g n lo c a t i o n s Ap p l i c a n t P r o v i d e d I l l u s t r a t e d P l a n s Re v i s e d r a w i n g s t o c o n f o r m t o C i t y C o d e . Re v i s e d r a w i n g s t o c o n f o r m t o C i t y C o d e . Ap p l i c a n t R e v i s e d ( s c a l e , a c c u r a c y , i l l u s t r a t i o n s , e t c . ) Ap p l i c a n t R e v i s e d ( s c a l e , a c c u r a c y , i l l u s t r a t i o n s , e t c . ) Lo c a t e P r i n c i p a l T e n a n t S i g n f o r P B C C o n t h e Lo c a t e P r i n c i p a l T e n a n t S i g n f o r P B C C o n t h e ar c h i t e c t u r a l b a n d o n t h e r o t u n d a o f B l d g G . ar c h i t e c t u r a l b a n d o n t h e r o t u n d a o f B l d g G . Ap p l i c a n t R e v i s e d ( 1 Ap p l i c a n t R e v i s e d ( 1 vs vs 2) 2) Re v i s e o r r e m o v e t o w e r e l e m e n t o n P B C C Re v i s e o r r e m o v e t o w e r e l e m e n t o n P B C C mo n u m e n t s i g n . mo n u m e n t s i g n . Ap p l i c a n t R e v i s e d ( t o w e r r e m o v e d a n d s i g n r e d u c e d ) Ap p l i c a n t R e v i s e d ( t o w e r r e m o v e d a n d s i g n r e d u c e d ) Su b m i t u p d a t e d s i t e p l a n i l l u s t r a t i n g p r o p o s e d s i g n lo c a t i o n s Ap p l i c a n t P r o v i d e d I l l u s t r a t e d P l a n s Ap p l i c a n t P r o v i d e d I l l u s t r a t e d P l a n s PR O J E C T I D E N T I F I C A T I O N MO N U M E N T S EA S T E N T R Y I D S I G N A G E 10 ’ x 1 5 ’ PR O J E C T I D E N T I F I C A T I O N MO N U M E N T S WE S T E N T R Y I D S I G N A G E 54 54 ’’ 21 21 ’’ -- 44 ”’ ”’ 66 ’’ -- 99 ”” 34 34 ’’66’’ RE S I D E N T I A L I D M O N U M E N T S RE S I D E N T I A L I D M O N U M E N T S MA S T E R S I G N P L A N 4’ x 4 ’ 2’ - 8 ” ’ x 5 ’ Bo r l a n d C e n t e r f o r C o m m u n i t y En r i c h m e n t MA S T E R S I G N P L A N DI R E C T I O N A L S I G N S PE D E S T R I A N S I G N S BL A D E S I G N S TE N A N T S I G N A G E Bo t h C o n f o r m t o 70 % r u l e TE N A N T P L A N Bu i l d i n g E WA L L S I G N W A I V E R BU I L D I N G C WA L L S I G N W A I V E R BU I L D I N G G Bo r l a n d C e n t e r f o r C o m m u n i t y En r i c h m e n t MA S T E R S I G N P L A N J Bo r l a n d C e n t e r f o r C o m m u n i t y E n r i c h m e n t Bo r l a n d C e n t e r f o r C o m m u n i t y E n r i c h m e n t QU E S T I O N S QU E S T I O N S 0 n n 0 z z c Z trl Z n H n x n U 7 t c z 0 4 N 0 0 .I) (0, W 9 trl z r-', L-, I /-' c c. n d 5 e. 4 rD E. .c" U 4 n rD R CJ c 3 I Z 4 2 m 0 f ? 6 '" h 0 x i: 3 3, 2 a 5' z - L v 7 ffi r '"he Borland Center Design Criteria Provisions --- ---- FOR COM MU N ITY EN RICH M ENT Si -1 im h u II 11111 - - Design Criteria Approved Color Palette 7e - Borland Center l'A1.M BEACH GARDENS, FLORIDA m n M X p> 3 5 d N W Ip ul rn U 00 a 0 I m f z -I I :I -I. tn wl s eh rc - Borland Center Approved Tenant Letter Style Program ---- -- FOR COMMUNITY ENIUCHMENT 1 i PALM BEACH GARDENS, FLORIDA U CD c CD n r E c 0 P cn P 3 cn II I n t A Y 9 CD 3 0 rt - 3 w VI a 0 iz I 0 93 0 w 0 P CD cn P t-? b 0 I .- h E I I I I I I I A- I I I I li -:-1 -~ n Y i L -The Borland Center MIDTOWN Primary Image Identity Concept -- IR COMMUNITY ENRICHMENT PALM BEACH GARDENS, FLORIDA I F r I r LI -7 \ "0 0 4 n LJ cn c) CD 3 rq 3 3 3 33 L - I 15. 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I E E a The Borland Center 1 Wall Mounted Directory Options _-- -- OK COMMUNITY ENIiICHMENT m \ w 1 PALM BEACH GARDENS, FLORIDA 1 ?- IF ;N (0 cn Y. On 0 3 J 3 CD w 5 3 cr PLOT : w103 H j 3 3 n r CI' .c" -.. "1 34 i e The Borland Center Wall Mounted Residences Directory __ - __- -- FOR COMMU NlTY ENRICHMENT 11 PALM BEACH GARDENS, FLORlDA _._ L --& ... . ~. Y cc L N & N 8 . ____ ^_____ - __ -_ __ --- -- ___- - - The Borland Center f'( )R COM MLN 1'pi EN RKHM ENT Pedestrian & Vehicular Directional - _______ - -_____ PALM BEACI I GARDENS, FLORIDA C s c td (D I s L I 6, . E m n-- I U I r R r: 0 3 =k v1 3 a a 3 3 3 a 3 tr 1 + +I x P II I 8 Id 5 1 W E. F 09 I h, L cD c) r I -3: , A 0 F -cD c cD r - W E. t-- E 1 09 hl I rn I I I - 1 II m I- - P d% b e C s d R y: -I 0 X =I c I I I I I I - t/ 1 n 1 I d CD ) d -6 Y m CD m I' 'Y MIIISTOWK Garage Identity e 0, P v1 3 3 =& v1 3 2 2 0 ip L ."..I Ld Fu, 1' Garage Identity 5' $3 e. a Wrn , .- a + ul IB 00 1 2 4 k lis t E-- - 2 If . -. 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'1 : 5 8 4 7 I t I I L- E w 9 b - - I 00 ol - I I J - The Residences At Midtown Primary Image Identity Concept Borland Center FOR COMMUNITY ENRICHMENT PALM BEACH GARDENS, FLORIDA c The Borland Center - - - - --_I__ I FOR COMMUNITY ENRICHMENT The Residences At Midtown Primary Image Identity Concept I PALM BEACH GARDENS, FLORIDA 1 I’ P .‘ I- N vl 0 GI , r4 \o OD J c. I I d f. 3 t 3 d n ; 2 d. ; I t I -++- Palm Beach Community Church Primary Image Identity Concept ’ The Borland Center -- -- I FOR COMMUNITY ENRICHMENT PALM BEACH GARDENS, FLORIDA "I- -u N Ln -. 2 B 4 m m N 8 r 11'1 I' --. _~___ ~___~_~__~ -~ __ - ___. ______ - Site Plan Indicator The Borland Center -- __- E- FOR COMMUNITY ENRICHMENT PALM BEACH GARDENS, FLORIDA M) n "0 0 4 II fi I I I I A- VI 8 \QI 1 I' c; 1 The Borland Center Vehicular traffic Control Design Concepts -- ~Oli COMMUNITY ENRICHMENT 1 I 11 1 PALM BEACH GARDENS, FLORIDA I, 3 . I 0 z 7 FOR COMMUNITY ENRICHMENT Window Mounted Idewntity PALM BEACH GARDENS, FLORIDA CITY 0 PALM BEACH GARDE 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JUNE 27,2006, AT 6:30 P.M. COUNCIL CHAMBERS 0 CALLTOORDER 0 PLEDGE OF ALLEGIANCE 0 0 REPORT BY THE INTERIM GROWTH MANAGEMENT ADMINISTRATOR: DAN CLARK APPROVAL OF MINUTES: June 13,2006 PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle (Chair) Barry Present (Vice Chair) Randolph Hansen Dennis Solomon Michael Panczak Douglas Pennell Jonathan D. Rubins Joy Hecht (1 St Alt.) Amir Kanel (2"d Alt.) SWEARING IN OF ALL PARTIES Cf . Planning, Zoning and Appeals Board June 27,2006 1. Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition PCD/NOPC-05-01: Amendment to the Regional Center DRI/PCD (To be postponed to July 25,2006) Public Hearing & Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, agent for Menin Acquistion 1, LLC, to amend the Development Order for the Regional Center Development of Regional Impact (DRI) and the Planned Community Development (PCD) by amending the land-use conversion matrix to allow for the conversion of business office square footage to hotel, residential, and retail; and modify the required minimum and maximum thresholds in the range of floor spaces allocation for the land use chart accordingly. The Regional Center DRI is located at the northeast corner of PGA Boulevard and Alternate A1A and extends eastward to the intersection of PGA Boulevard and Prosperity Farms Road. Project Managel.: Brad Wiseman, Planning Manager bwisemanf~Dbell.com (799-4235) Public Hearing and Recommendation to City Council: Petition LDR-05-08/0rdinance 23,2006: LDR Text Amendment - Development Name and Address Standards 2. Public Hearing and Recommendation to City Council: A City-initiated amendment to the City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to addresses, subdivision names, street names, and the Addressing Committee. Prqject Manager: Aries Page, GIS Manager -@inbgll.com (799-4278) 3. Public Hearing and Recommendation to City Council: LDR-06-06-000004: City Code Amendment to Section 78-221: PGA Boulevard Corridor Overlay Public Hearing & Recommendation to City Council: A City-initiated request for approval of a text amendment to Section 78-22 1, PGA Boulevard Corridor Overlay, Code of Ordinances. This City Code amendment provides for the approval of changes to the boundaries of the PGA Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the permitted and prohibited uses within. Prqject Manager Brad Wiseinan, Planning Manager hwist.iniin~~i,brtl.com (799-4235) I 2 Planning, Zoning and Appeals Board June 27,2006 Public Hearing and Recommendation to City Council: Ex Parte Communication (Quasi Judicial) Petition CUMJ-06-03-000002: Palm Beach Gardens Medical Center Major Conditional Use 4. Public Hearing and Recommendation to City Council: A request by Anne Booth of Urban Design Studio, on behalf of Health Care Property Investors, Inc., to approve the relocation of the previously approved helistop, located within the Palm Beach Gardens Medical Center Planned Unit Development (PUD). The Palm Beach Gardens Medical Center PUD is located at the southeast corner of Burns Road and Gardens East Drive. Project Manager: Nina Nikolova, Planning Specialist ~inikolova~~ubrfl.com (799-42 18) Recommendation to City Council: Petition MISC-04-43: Midtown (aka Borland Center) - Master Signage Program 5. Recommendation to City Council: A request by Brian Cheguis of Cotleur & Hearing, on behalf of Ram Development Company and Palm Beach Community Church, for approval of the Midtown PUD (a.k.a. Borland Center) Master Signage Program. The Midtown Planned Unit Development (PUD) is located at the intersection of Garden Square Boulevard and PGA Boulevard. Project Manager: Richard Manero, Planner Iinanz~o(~~bpIl.coin (799-42 19) 6. OLD BUSINESS 7. NEW BUSINESS 8. ADJOURNMENT 3 I’ c Planning, Zoning and Appeals Board June 27,2006 hi accordance with the Americans with Disabilities Act and Florida Statule 286.26, persons wiili disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Ofice, no later thanJve days prior io the proceeding. ai telephone number (561) 7YY-4120 for assisiance; if hearing impaired, telephone ilie Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) YSS-8770 (VOICE), .for assistance. If a person decides to appeal any decision made by (lie Planning and Zoning Commission, Local Planning Agency, Board of Zoning Appeals, or Land Deirlopmeni Regulations Commission, with respeci to any matter considered at such meeting or hearing, they will need a record of !he proceedings; and for such, they may need to ensure that a verbaiim record of the proceedings is made, which record includes ihe testimony and evidence upon which fhe appeal is lo be based. Exact legal description andlor survey for the cases may be obiained from the files in the Growth Management Department. Coinmoidpz agenda 6-27-06.doc 4