HomeMy WebLinkAboutAgenda P&Z 022608' CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
DATE:
TO:
FROM:
MEMORANDUM
February 26,2008
Planning, Zoning and Appeals Board Members
Growth Management Department
SUBJECT. Planning, Zoning and Appeals Board Meeting
Tuesday, February 26,2008 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, February 26,
2008. 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 Growth Management Department staffreport for the items to be heard.
3. A compact disc containing Powerpoint presentations
As always, the respective Project Managers' telephone numbers and smail addresses
have been provided in case you have any questions or require additional idormation on
any petition. This will help us offer better staff support in the review of these
applications.
Nina Sorenson, Administrative Specialist I& will call to conf'rrm your attendance.
Growth Management Administrator
AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, FEBRUARY 26,2008 AT 6:30 P.M.
COUNCIL CHAMBERS
0 CALLTOORDER
0 PLEDGEOFALLEGIANCE
0 ROLLCALL
0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN
0 APPROVALOFMINUTES N/A
PLANNING, ZONING AND APPEALS BOARD
RWUh r Members:
Craig Kunkle (Chair)
Douglas Pennell (Vice Chair)
Barry Present
Randolph Hansen
Dennis Solomon
Michael Pmd
Jonathan D. Rubins
Alternates:
Joy Hecht (la At.)
Amir me1 (P At.)
Plannin&ZoningandAppealsBoard
February 26,2008
Recommendation to City Council:
Ex Parte Communication (Public Hearing)
PUDA-07-09-000010: Mirasol Walk PUD - Walgreens Drugstore with Drive-
Through
A request by Anne Booth of Urban Design Studio, on behalf of PBC-Three LLC, for
approval of a site plan within the Mirasol Walk Planned Unit Development (PUD) to
allow for the construction of a 14,820 square-foot drugstore with drive-through lanes on
an approximately 2.7-acre site. The Mirasol Walk PUD is located at the northwest corner
of the Ronald Reagan Turnpike and PGA Boulevard.
1.
Project Man8gw. RicM Marrero, Senior Ph rmarrero@pbdl.corn
Recommendation to City Council:
Ex Parte Communication (Public Hearing)
PVAR-O&-O1-OOOOO5: Side Setback Variance for 317 Charroux Drive
A request by Mr. Robert Wunderlich for approval of a variance from the Frenchman’s
Reserve Planned Community Development (PCD) Pod-C Site Plan to allow an
encroachment into the three-foot side setback on Lot Nine. The Frenchman’s Reserve
PCD is located east of Alternate AM, approximately one mile south of Donald Ross
Road.
2.
Roject Manager: Richard Marrero, Sonior Planner rmarrero@pbbpfl.com
3. Public Workshop:
SPLA-O&O1-000010: Steeplechase Research & Mice Center
A request by Dodi Glas of Gentile Holloway 0’ Mahoney & Associates, agent for the
applicant, for a major site plan amendment to the Steeplechase Planned Unit
Development (PUD) to allow the construction of a three-story, 5 1,303-square-foot ofice
building. The subject site is located at the northeast corner of Steeplechase Drive and
Beeline Highway and is approximately 3.71 acres.
Project mer: Richard MMsso, Senior Plaaasr rmmero@~bd.com
Recommendation to City Council:
Ex Parte Communication (Public Hearing)
PPUD-07-06-000015 - Riverside Self-storage Rezoning to Planned Unit
Development Overlay, Major Conditional Use Approval, and Site Plan Approval
A request by Mr. Terry Lessard of Brewer Architecture, on behalf of Riverside Storage,
LLC, for rezoning from Light Industrial (M-1 A) to a Planned Unit Development (PUD)
Overlay with underlying M-1A Zoning district, a major conditional use, and a site plan
approval to allow the development of a four-story, 77,660-square-foot self-service
storage building to be known as the “Riverside Self-storage.” The approximately one-
acre parcel of land is located at 10300 Riverside Drive, approximately one-quarter mile
south of the intersection of Riverside Drive and Bums Road.
4.
Project Manager: Jackie Holloman, Plnnner jhoIlornan@ubd.com
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Recommendation to City Council:
Ex Parte Communication (PubZic Hearing)
PPUD-07-02-000013: Mock Mice Building Planned Unit Development
A request by Cotleur & Hearing, on behalf of Comac Burns Road, LLC, for rezoning
fiom Research and Light Industrial Park (M-1) to a Planned Unit Development (PUD)
Overlay with underlying Research and Light Industrial Park (M-1) zoning district and a
site plan approval to allow the development of a three-story, 48,000-squarefoot
professional office building to be known as the “Klock Office Building.” The 3.01-acre
site is located on the north side of Burns Road approximately 1,340 feet east of Military
Trail.
5.
Projecr Manager J&o Hdlom;m, Phmm jhollomanO,pbd.com
Recommendation to City Council:
Ex Parte Communication (Public Hewing)
MISC-07-12oooO38: Prosperity Centre Planned Unit Development (PUD) Signage
Amendment
A request by Larry Presley, of Bell Sign, on behalf of Equity One Plorida Portfolio
2000), Inc., to allow for modifications to the signage criteria and revisions to the
monument signs for the PUD. The Prosperity Centre PUD is approximately 10.79 acres
and is located along the south side of PGA Boulevard between Prosperity Farms Road
and Kidd Lane.
6.
Projsct Manager Riobvd Mwao, ScaiOr Plrrmsr nnarreroOpbd.com
7. OLDBUSINESS
8. NEWBUSINESS
9. ADJOURNMENT
In OOcOTdmurr with the Americana with Dfsabilillsr Act andirlorlda StarUte 28626, perscmr with dsabilitim meding special cracanmo&tions to
partrcrparr in this promeding should confect the Cily Cknk’a @a, no later thanflw @s prior to theprcxding, at telephom mmbw (561)
799-41 20 for arrfrfance; If hearing impaired, rd.phaw the Florida Rdoy ssrvlccr Numbers (800) 955-8771 (TDD) or (NW) 955-8770 (KlICh),
jhr acsixtanca rfa person drcldrs to uppurl any deiaion mad. by rhr Planning, Zoning and Apprcrb Boanl. Local Planning &amy, or Land
Replations Commission, with rerprcr to any matter COlUfdOtCd at such mmfing or hewing, they will necd a record ofthe
pcdings; and for such, they may nd to enntrr that a wrbrrnm mwrd ofthe pnxdings is made, which mvrd inchaka the tattmoqy and
uvih qpon which the uppal is to bo had. E*act legal &acriptim ador llvyyy for the cares may bo obtaidfiom thefllea in the Growrh
Manapwnt Department.
~~@02-26-u)o8.doo
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.CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-000010
SnbjectIAgenda Item:
Petition PUDA-07-09-000010: Mirasol Walk PUD - Walgreens Drugstore with Drive-Through
Recommendation to City Council: A request by Anne Booth of Urban Design Studio, on
behalf of PBC-Three LLC, for approval of a site plan within the Mirasol Walk Planned Unit
Development (PUD) to allow for the construction of a 14,820 square-foot drugstore with drive-
through lanes on an approximately 2.7-acre site. The Mirasol Walk PUD is located at the
northwest corner of the Ronald Reagan Turnpike and PGA Boulevard.
[XI Recommendation to APPROVE
I 1 Recommendation to DENY
Jeff Johnson
City Attorney
Christine Tatum
Development
Compliance $J
Bahareh Keshavarz-Wolfs,
AICP
Growth Manage
Administrator
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Growth Management:
Manager a
Richard J. Marrero'
Senior Planner
~~
[XI Quasi - Judicial
[ ] Legislative
[ XI Public Hearing
Advertised:
[ XI Required
Date: February 1, 2007
Paper: Palm Beach Post
Affected parties:
[ X ] Notified
[ ] Not Required
Finance:
Tresha /
Thomas !\
Senior Accountant
Costs: $-N/A
Total
$-- NIA
Current FY
Funding Source:
[ ] Operating
[XI Other-NA-
Budget Acct.#:
NA
PZAB Action:
[ 3 Approved
[ 3 App. wl conditions
[ ] Denied
[ ] Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
Reso 179,2005
Reso 71, 2005
Reso 168,2003
Dev Application
Reduced Plans
Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
BACKGROUND
On November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development 0
(PUD), through the adoption of Ordinance 24, 2003 and Resolution 168, 2004. This approval
consisted of an 85,032 square-foot shopping center including a 57,036 square-foot grocery store,
a 3,925 square-foot convenience store with a 16 pump gas station, two 5,000 square-foot banks,
and two specialty retail buildings not to exceed a combined total of 14,693 square feet.
On December 16, 2004, the City Council adopted Resolution 221,2004, which approved the site
plan for the Sun Trust Bank out parcel. The 4,279 square-foot Sun Trust Bank, which has four
drive-thru lanes and an ATM, is located immediately west of the Bank of America site.
On June 2,2005, the City Council adopted Resolution 71,2005, which approved an amendment
to the Mirasol Walk PUD. This amendment provided for 4,000 additional square feet of
restaurant within the shopping center, and the inclusion of professional and business office as a
PUD permitted use.
On December 15,2005, the City Council adopted Resolution 179, 2005, which approved the site
plan for the Bank of America out parcel. The 4,500 square-foot Bank of America, which has
three drive-through lanes and an ATM, is located immediately east of the Sun Trust Bank out
parcel.
Phase I of the PUD consists of the shopping center and convenience store/gas station out parcel,
which have received Certificates of Occupancy from the City. The Sun Trust Bank is currently
under construction. The site plans for all out parcels are required to be reviewed as major
amendments to the PUD.
The subject request is to approve the development application of a 14,820 square-foot drugstore
with drive-through lanes on the remaining two (2) out parcels, which are located immediately
west of the existing shopping center.
LAND USE & ZONING
The subject site has future land-use and Vision map designations of Commercial (C). The
subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of
General Commercial (CG-1).
CONCURRENCY
Mirasol Walk received Conditional Concurrency Certification at the time of approval of the
PUD. The proposed site plan is consistent with the approved master site plan, and the proposed
use is within the limits of the allowed retail square footage for the center.
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Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
PROJECT DETAILS
Site Access 0
The subject site can be accessed from a single driveway on PGA Boulevard and two driveways
on Jog Road. All access and right-of-way requirements of the PUD have been met.
Vehicular Traffic Circulation
The proposed Walgreens drugstore out parcel can be accessed from three separate entrances.
Two of the entrances are located to the north of the out parcel and can be utilized via the existing
access road. The third entrance is located on the south side of the out parcel and can be utilized
by entering the Mirasol Walk shopping center’s site.
Staff has requested that the northern portion of the site be revised to improve vehicular traffic
circulation. It is staffs professional opinion that the northwest corner of the site plan can be
redesigned to avoid any potential circulation issues that may arise between the western-most
entrance and the drive-through lanes. Staff and the Applicant are reviewing different site design
possibilities and the Applicant will be presenting a conceptual design to the Planning, Zoning &
Appeals Board meeting for review and comment.
Architecture
The proposed Walgreens drugstore consists of the same architectural style and.roof tile as the
shopping center and out parcels. The design guidelines for the PUD require a tower feature for
each building, which is provided at the drugstore entrance. The colors of the building are
consistent with the PUD, and are beige for the walls, dark brown for the accents, and light cream
for the trim.
0
Landscaping
Landscape planting around the building is proposed to include multi-truck Palms, native grasses
and shrubs that will be consistent with the palette of plant materials of the rest of the shopping
center.
The existing six-foot hedge, shrubs, Pine and Oak trees within the Parkway buffer along Jog
Road and the entrance drive will be maintained and supplemented with additional hedges, shrubs
and trees. Additional plants will be provided at the corner signage feature.
Parking
On September 4, 2007, City Council adopted Ordinance 20, 2007, which established a new
parking ratio of one space per 250 square feet for drugstores with drive through lanes. The
Applicant has provided parking at a rate of one space per 200 square feet based on the previous
Code requirements. The Applicant cited that they were near the end of their site planning for the
site and staff agreed to require the drugstore to be parked consistent with the approved master
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Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
plan for Mirasol Walk PUD. The total parking required for this site, based on the ratio of one
space per 200 square feet is 75 spaces; whereas the applicant is proposing 83 parking spaces. The
City Code allows developments to exceed the parking requirement by lo%, which is equal to
eight additional parking spaces. Section 78-345 (d) (4) permits additional parking spaces if a.)
additional open space is provided at a ratio of 1.5 square feet for each additional square foot of
paved parking and vehicular circulation area; and b) the additional open space and landscaping
shall be utilized to enhance the visual appearance of the improved site. The additional open space
has been provided and is reflected in the overall landscape point total.
0
Pedestrian Circulation
As required by Resolution 168, 2003, the applicant has provided pedestrian access from the site
to the shopping center. Pedestrian access is achieved through a paver crosswalk, consistent with
the PUD approval, which will connect to the existing and proposed sidewalks.
Simage
As part of the approved PUD, the site is entitled to one ground monument sign. The proposed
monument sign is proposed to be relocated to a more visible location on the southwest comer of
the property. The proposed monument sign will be consistent with the design guidelines of the
Mirasol Walk PUD. Signs are being proposed on two sides of the building in accordance with
the provision in the Code that allows building identification and tenant identification signs. The
maximum height of the letters is twenty-four inches with the total sign face area being seventy-
The applicant has provided a photometric plan as required by City Code Section 78-182.
Resolution 168, 2004, included a waiver to allow for a light pole height of 35 feet. Light poles
are being proposed in accordance with the approved lighting pole and fixture of the overall
center.
Drainage -
This project has received drainage concurrency. The Mirasol Planned Community Development
(PCD) will receive the outfall from the Mirasol Walk PUD.
PLANNING, ZONING & APPEALS BOARD
The Planning, Zoning and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on February 12, 2008, and requested that the Applicant return to address the following
comments :
1. The PZAB stated that they believed the architecture could be improved and was
disappointed with the architectural elevations that were submitted for review. The
Applicant has included revised elevations for PZAB j. review. The revised elevations have
provides enhanced architectural features and includes a revision to the parapet wall to
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Date Prepared: January 7, 2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
provide more vertical articulation.
2. The PZAB stated that they were concerned that the size of the copy area of the monument
sign appeared too large. The Applicant indicated that the graphic submitted to the PZAB
was not to scale and ensured that all applicable signage regulations contained in the
Land Development Regulations would be complied with.
3. The PZAB stated that they would like to see photos or elevations of the existing
architecture of the shopping center to ensure that the proposed drugstore was consistent
with the rest of the plaza. The Applicant has included photodrenderings of the existing
buildings on-site in their presentation to the PZAB.
STAFF RECOMMENDATION
Staff recommends approval of Petition PUDA-07-09-000010, with the following conditions of
approval:
The following conditions will need to be satisfied prior to scheduling the petition for the City
Council agenda:
1. Prior to scheduling for City Council, the Applicant shall revise the site, landscape, and
engineering plans to reflect the revised configuration of the loading spaces and
maneuvering aprons on the west side of the drugstore building. (Planning & Zoning)
2. Prior to scheduling for City Council, the Applicant shall submit a revised CAD disc to be
reviewed and approved by the Growth Management Department. (Planning & Zoning)
0
3. Prior to scheduling for City Council, the Applicant shall revise the site plan to the
satisfaction of the City Engineer and the Planning & Zoning Division, to reflect a re-
design of the northern portion of the site in order to improve internal vehicular traffic
circulation. (Planning & Zoning)
4. Prior to scheduling for City Council, the Applicant shall submit revised landscape plans
to reflect the addition of sod to the 2 !h vehicle overhang areas. (City Forester)
Planninn - & Zoninz
1. If the Applicant is proposing Art in Public Places on-site, and the art is not installed prior to
the issuance of the first Certificate of Occupancy or by the date included in the approved art
resolution, the City shall have the option of withdrawing the escrow. (Planning & Zoning)
2. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the
temporary light poles on out parcel four (4) shall be replaced to be consistent with the
approved light poles for the PUD.
3. Prior to the issuance of the Certificate of Occupancy for the drugstore building, all roof top
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Date Prepared: January 7, 2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
and ground-mounted mechanical equipment shall be screened from view. (Planning &
Zoning)
4. The Walgreens drugstore sign that is proposed to be located within the interior tower
feature of the drugstore building shall not be internally illuminated. (Planning & Zoning)
Citv Forester
5. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the
Applicant shall remove all prohibited and invasive non-native plants from the site. (City
Forester)
6. Prior to the issuance of the first building permit for vertical construction for the drugstore
building, the Applicant shall submit FP&L and SUA-approved landscape plans for
review and approval by the City. (City Forester)
CiQ Engineer
7. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the
Applicant shall provide signage along the drive aisle adjacent to the loading area stating
that the loading area will remain unobstructed. The signage shall be approved to the
satisfaction of the City Engineer. (City Engineer)
8. Prior to the issuance of the first land alteration permit for the drugstore building, the
Applicant shall provide a signed and sealed pavement marking and signage plan, or
provide the same on the engineering plans. (City Engineer)
0
9. The Applicant shall copy to the City all permit applications, permits, certifications and
approvals from any permitting agencies. (City Engineer)
10. The Applicant shall provide all necessary construction zone signage and fencing as
required by the City Engineer. (City Engineer)
11. Prior to construction plan approval and the issuance of the first land alteration permit for
the drugstore building, the Applicant shall provide a cost estimate and surety in
accordance with LDR Sections 78-309 and 78-461, and a cost estimate for on-site project
improvements, not including public infrastructure or landscaping and irrigation costs for
review and approval by the City. The cost estimates shall be signed and sealed by an
engineer and/or a landscape architect licensed in the State of Florida. (City Engineer)
12. The construction, operation, and/or maintenance of any elements of the subject project
shall not negatively impact the existing drainage of the surrounding areas. If at any time
during development it is determined by City staff that any of the surrounding areas are
experiencing negative drainage impacts caused by the development of the project, it shall
be the Applicant’s responsibility to resolve said impacts in a period of time and a manner
acceptable to the City. If said impacts are not remedied in a time period and manner
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Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
acceptable to the City, the City may cease issuing building permits and/or Certificates of
Occupancy until all drainage concerns are resolved. (City Engineer)
13. The Applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in PBC Traffic Division equivalency and concurrency approval
letters. (City Engineer)
14. Prior to construction plan approval and the issuance of the first land alteration permit for
the drugstore building, the Applicant shall schedule a pre-permit meeting with City staff.
(City Engineer)
15. Prior to the issuance of the first land alteration permit for the drugstore building, the
Applicant shall provide to the City letters of authorization from the applicable utility
companies allowing landscaping and light poles to be placed within the utility easements.
(City Engineer)
16. The Applicant shall be required to notify the City’s Public Works Division via fax at least
ten (10) working days prior to the commencement of any worWconstruction activity
within any public right-of-way within the City. In the case of a City right-of-way, the
property owner has at least five (5) working days to obtain a right-of-way permit. Right-
of-way permits may be obtained at the Building Division. Failure to comply with this
condition may result in a stop-work order of all worWconstruction activity within the
public right-of-way and the subject site. (City Engineer)
Police Department
17. Prior to the issuance of the Certificate of Occupancy of the drugstore building, all on-site
lighting shall be installed, and all on-site lighting shall consist of metal halide or equivalent
lighting approved by the Police Department and, shall not conflict with planted landscaping.
(Police Department)
18. Landscaping shall not obstruct the view from windows or walkways. Ground cover
should not exceed 36” in height and high branched trees should be trimmed to seven feet.
(Police Department)
19. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the
Applicant shall provide photocell sensor engaged lighting above or near entryways,
along the four sides of building and adjacent sidewalks. (Police Department)
20. Prior to the issuance of the Certificate of Occupancy for the drugstore building, all non-
customer doors (non-glass single/double) shall be equipped with astragal over the
threshold of the locking mechanism and case hardened deadbolt locks shall be provided
on all the exterior doors with a minimum one (1) inch throw or mechanical interlock.
Doors secured by electrical operation shall have a keyed-switch or signal locking device
to open the door when in the locked position .The entry door should have a holding force
of at least 10001bs. Door hinges shall employ non- removable hinges, and the main
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Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-0000 10
entrance to the building shall be monitored by a closed-circuit digital camera surveillance
system. (Police Department)
21. Prior to the issuance of the first building permit for the drugstore building, the Applicant
shall submit a construction site security and management plan for review and approval by
the Police Department. Noncompliance with the approved security and management plan
may result in a stop-work order for the PUD. (Police Department)
22. Prior to the issuance of the Certificate of Occupancy for the drugstore building, numerical
addresses shall be placed at the front and rear of the building. Each numerical address
shall be illuminated for nighttime visibility, with an uninterruptible A.C. power source,
shall consist of twelve (12) inch high numbers, and shall be a different color than the
color of the surface to which it is attached. The rear doors of the building shall have an
illuminated 6 inch number on or along side the door.(Police Department)
23. Prior to the issuance of a Certificate of Occupancy for the drugstore building, the
following security measures shall be installed, and reviewed and approved by the Police
Department.
a. Drugstore building shall have an alarm system consisting of motion sensors and
door contacts.
b. Service doors shall be equipped with a metal plate over the thresh-hold of the
locking mechanism.
c. Interior doors to office, multipurpose and employee rooms shall have 100 square
inch vision panels.
d. Where feasible door hinges shall be installed on the interior side of doors or non -
removable hinge pins or a mechanical interlock to preclude removal of the door
from the exterior.
e. Exterior pedestrian doors which provide access into the parking lot shall be solid
core and where applicable emergency doors shall have no exterior handles. Panic
hardware shall have a self-locking mechanism, or may have one locking point and
shall have a protective astragal attached to the exterior of the door, which will
cover the opening between the door and frame. The self-locking mechanism
should extend one inch beyond the edge of the door to which it is attached and
shall have a minimum 100 square inch vision panel to provide visibility into area
being entered.
A high resolution color digital video camera system with monitoring and photo
processing capabilities shall be installed. Cameras shall be above exit doors,
pharmacy and check-out counters, product aisles, photo service area, general
stock room and receiving door, all drive thru lanes and any other area deemed
necessary to provide for maximum coverage.
g. All hatchway openings to roof shall be secured from inside with a slide bolt or
slide bars and outside hinges shall be equipped with non-removable pins.
f.
Miscellaneous
24. Prior to the issuance of the first building permit for the drugstore building, digital files of
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Date Prepared: January 7,2008
Meeting Date: February 26,2008
Petition: PUDA-07-09-000010
the approved plat shall be submitted to the Planning and Zoning Division. Approved
civil design and architectural drawings, including floor plans, shall be submitted prior to
the issuance of the Certificate of Occupancy for the drugstore building. (GIs Manager,
Development Compliance Officer)
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Date Prepared: November 16,2005
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RESOLUTION 179,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD) TO
ALLOW THE DEVELOPMENT OF A 4,500-SQUARE-FOOT BANK
WITH THREE DRIVE-THRU LANES AND AN ATM ON A 1.28-ACRE
OUT PARCEL, AS DESCRIBED MORE PARTICULARLY HEREIN;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, on November 6, 2003, the City Council approved the Mirasol Walk
Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and
WHEREAS, the City received a request from Architectural Design Collaborative,
on behalf of PBC-Three LLC, for an amendment to the Mirasol Walk Planned Unit
Development (PUD) to allow for the development of a 4,500-square-foot bank with
three drive-thru lanes and an ATM on a 1.28-acre out parcel, which is located at the
northwest corner of PGA Boulevard and the Florida Turnpike, as more particularly
described herein; and
WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an
underlying zoning of General Commercial (CG-1) and has a future land-use designation
of Commercial (C); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its November 8, 2005, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
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Date Prepared: November 16,2005
Resolution 179,2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION d . The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Planned Unit Development (PUD) amendment application of
Architectural Design Collaborative, on behalf of the Applicant, PBC-Three LLC, is
hereby APPROVED on the following described real property to allow the development of
a 4,500-square-foot bank with three drive-thru lanes and an ATM on 1.28 acres of land
to be referred to as “Bank of America at the Mirasol Walk PUD,” generally located at the
northwest corner of PGA Boulevard and the Florida Turnpike, subject to the conditions
of approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF SECTION 3, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT J OF THE PLAT OF
MIRASOL PLAT ONE AS RECORDED IN PLAT BOOK 89, PAGE 14 OF THE PUBLIC
RECORDS IN AND FOR PALM BEACH COUNTY, FLORIDA; THENCE
SOUTHWESTERLY ALONG THE EAST LINE OF TRACT A OF THE SAID PLAT OF
MIRASOL PLAT ONE AND ALONG THE ARC OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 2,940.00 FEET, A CHORD BEARING OF
SOUTH 09’5651” WEST, AND A CENTRAL ANGLE OF 07”01’34”, FOR A
DISTANCE OF 360.53 FEET, THENCE SOUTHEASTERLY ALONG THE SAID EAST
SOUTHWESTERLY HAVING A RADIUS OF 175.00 FEET, A CHORD BEARING OF
SOUTH 31’50’36” EAST AND A CENTRAL ANGLE OF 66”31’48”, FOR A DISTANCE
OF 203.20 FEET: THENCE NORTH 44’44’26” EAST, FOR A DISTANCE OF 34.20
FEET; THENCE SOUTH 88’24’56” EAST, FOR A DISTANCE OF 191.94 FEET;
THENCE SOUTH 35’10’23” EAST, FOR A DISTANCE OF 8.06 FEET; THENCE
SOUTH 01’35’04” WEST, FOR A DISTANCE OF 92.39 FEET TO THE NORTHWEST
CORNER OF OUTPARCEL 4 AND THE POINT OF BEGINNING OF OUTPARCEL 4;
THENCE SOUTH 88’19’38” EAST, FOR A DISTANCE OF 224.67 FEET; THENCE
SOUTH 01’34’12” WEST, FOR A DISTANCE OF 248.25 FEET; THENCE NORTH
88’25’57” WEST, FOR A DISTANCE OF 224.73 FEET; THENCE NORTH 01’35’04”
EAST, FOR A DISTANCE OF 248.67 FEET TO THE POINT OF BEGINNING OF
OUTPARCEL 4.
LINE OF TRACT A AND ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE
OUTPARCEL 4 CONTAINING 55,828 SQUARE FEET, OR 1.28 ACRES, MORE OR
LESS.
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Date Prepared: November 16,2005
Resolution 179,2005
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
1. Section 78-285, Permitted signs, to allow for one additional principal tenant
sign.
Section 78-345, Number of parking spaces required, to allow for 14
additional parking spaces.
Section 78-362, Size and location of loading spaces, to allow for the
absence of a loading space.
SECTION 4. This approval is subject to the following conditions, which shall be
hereby approves the following three (3) waivers:
2.
3.
the responsibility of the Applicant, its successors, or assigns:
1.
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The Applicant shall copy the City Engineer on all correspondences to and
from regulatory agencies regarding issues on the project. (City Engineer)
Prior to construction plan approval, the Applicant shall provide all necessary
construction zone signage and fencing as required by the City Engineer.
(City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a cost estimate for public infrastructure, landscaping, and irrigation.
The cost estimate shall be signed and sealed by an engineer and landscape
architect registered in the State of Florida. The cost estimate shall be based
on 11 0% of the total combined approved cost estimates and shall be posted
with the City prior to the issuance of the first building permit. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a cost estimate for all other on-site improvements, which do not
include public infrastructure, landscaping, and irrigation costs. The cost
estimate shall be signed and sealed by an engineer registered in the State of
Florida and shall be posted with the City prior to the issuance of the first
building permit. (City Engineer)
The Applicant shall comply with all Federal Environmental Protection Agency
and State of Florida Department of Environmental Protection permit
requirements for construction activities. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed and sealed construction plans with all pertinent calculations to
the City Engineer for review and approval. (City Engineer)
Prior to construction plan approval, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
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Date Prepared: November 16,2005
Resolution 179,2005
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8. Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
the Police Department. Non-compliance with the approved security and
management pian may result in a stop-work order for the PUD. (Police
Department)
SECTION 5. This Planned Unit Development (PUD) amendment approval shall
be constructed in compliance with the following plans on file with the City’s Growth
Management Department:
1. Bank of America Site Plans, Utility Plans, Signage Plans, and Detail Plans,
sheets C-I through C-9, by H&T Consultants, last revised on July 23, 2005,
and received and stamped by the City on October 11,2005.
2. Bank of America Landscape Plans, sheets LS-1 through LS-3, by H&T
Consultants, last revised on August 28,2005, and received and stamped by
the City on October 11,2005.
3. Bank of America Architectural Elevations, Floor Plan, Roof Plan, and
Electrical Site Plan, sheets A02.01, A02.02, A09.11, and EO1.OO, by
Architectural Design Collaborative, last revised on October 6, 2005, and
received and stamped by the City on October 11, 2005.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 16,2005
Resolution 179,2005
PASSED AND ADOPTED this /p day of hw ,2005. e
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12 BY:
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
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211 Christine P. Tatum, City Attorney -
0 VOTE:
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26 MAYOR RUSSO
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28 VICE MAYOR JABLIN
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AYE NAY ABSENT
J ---
47 GWtorney-share\RESOLUTlONShlrasol walk - amendment to pud - bank -reso 179 2005.doc
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d
Date Prepared: April 29,2005
RESOLUTION 71,2005
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5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
7 MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD), WHICH IS
8 LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND
9 THE FLORIDA TURNPIKE, AS DESCRIBED MORE PARTICULARLY
10 HEREIN, TO ALLOW 4,000 ADDITIONAL SQUARE FEET OF
11 RESTAURANT AND TO INCLUDE PROFESSIONAL AND BUSINESS
12 OFFICE AS A PERMITTED USE; AND PROVIDING AN EFFECTIVE
13 DATE.
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16 WHEREAS, on November 6, 2003, the City Council approved the Mirasol Walk
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19 WHEREAS, on November 12, 2004, the City Council approved the Sun Trust Bank
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22 WHEREAS, the City received petition MISC-05-07 from North American Properties,
agent for PBC-Three LLC, for an amendment to the Mirasol Walk Planned Unit Development e (PUD), which is located at the northwest corner of PGA Boulevard and the Florida Turnpike,
25 as more particularly described herein, to allow for 4,000 additional square feet of restaurant
26 and to include professional and business office as a permitted use; and
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Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and
out-parcel with the adoption of Resolution 221,2004; and
WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an
underlying zoning of General Commercial (CG-A) and has a future land-use designation of
WHEREAS, the Growth Management Department has reviewed said application, has
WHEREAS, the City Council has deemed approval of this Resolution to be in the best
determined that it is sufficient, and has recommended its approval; and
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 2 of Resolution 168,2003 is hereby amended to read:
1. The approved uses for the Mirasol Walk Planned Unit Development shall consist of
the following: antique shop; appliance and electronics store; bakery; bicycle store;
bookstore; clothing and accessory store; consignment shop; convenience store a 48
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Date Prepared: April 29,2005
Resolution 71,2005
wlgas sales - out-parcel 5 only; drug store or pharmacy; floral or florist shop; gift
and card shop; grocery store - anchor tenant only; hardware, paint, glass,
wallpaper, and floor covering store - less than 10,000 square feet; toy, hobby,
fabric, and craft shop; jewelry store - including repair; pet grooming shop; pottery
shop; professional and business office; restaurant, quality, specialty, and takeout -
total not to exceed 4+00 8.000 square feet of in-line retail space; banklfinancial
institution wl or wlo drive-thru lanes; barberlbeauty shops; blueprinting service; dry
cleaning excluding self-service laundry; locksmith; mail and packing store, private;
post ofice and accessory post office; personal services; picture framing; art gallery
and museum; tailor shop; travel agency; video rental and sales; interior design
including sales; specialty retail excluding discount, wholesale, or outlet stores;
public park; accessory satellite dishes in accordance with City Code Section 78-
159 (69); and accessory uses. (Planning & Zoning)
The applicant shall submit a tabular summary that includes each tenant and the
square footages for all uses on site. This summary shall be updated and
submitted each time an interior tenant renovation permit and occupational license
are submitted to the City for review and approval. (Planning & Zoning)
Tenant signage size shall be limited to 60% of the average rectangular stucco to
the attached area, and all signage shall not exceed City Code Section 78-285,
Permitted Signs. (Planning & Zoning)
All tenant signage shall be limited to one typeface and one color. The first tenant
sign permit to be issued by the Growth Management Department shall provide for
the color and typeface allowed in the PUD. (Planning & Zoning)
Prior to the issuance of the first certificate of occupancy, the applicant shall submit
documentation to the City to establish that they have negotiated in good faith to
secure -an agreement with either the United States Postal Service for an
independent retail mail outlet or with a tenant (such as Mail Boxes, Etc., The
Shipping Store, Hallmark Crown Store) that has entered into an agreement with the
United States Postal Service to be a "Contract Postal Unit" in Phase 1 of the
project. (Planning & Zoning, City Attorney) (COMPLETED)
Out-parcels one, two, three, and four shall not be cleared until site plans for these
parcels are approved by the City Council. Minor areas may be cleared to install
utilities for Phase 1 of the PUD if a clearing permit is reviewed and approved by the
City Forester. (Planning & Zoning)
Prior to issuance of the first Certificate of Occupancy, unity of control documents
for the Mirasol Walk Planned Unit Development (PUD) shall be submitted to the
City and approved by the City Attorney. (City Attorney) (COMPLETED)
Prior to issuance of the first Certificate of Occupancy, dark green slats shall be
installed in the chain link fence at the point where the Seacoast Utility easement is
located within the Ronald Reagan Turnpike buffer. (Planning & Zoning)
(COMPLETED)
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Date Prepared: April 29,2005
Resolution 71,2005
The applicant shall apply for a conditional use for each bank that includes more
than four drive-thru lanes. (Planning & Zoning)
All mechanical equipment shall be screened from view. (Planning & Zoning)
Mechanical equipment for the service station shall be located behind the screened
area for HVAC. (Planning & Zoning)
The shopping cart operation shall follow the regulations set forth in City Code
Section 78-221 (h) (9). (Planning & Zoning, Code Enforcement)
No additional signage or banners shall be installed on site without City Council
approval. (Planning & Zoning)
The lighting source from the service station canopy shall be recessed so that
there is no off-site glare or lighting spillover into PGA Boulevard. (Planning 8,
Zoning)
Prior to construction plan approval, the applicant shall provide a letter of consent
from the utility easement owner@) allowing light fixture poles andlor landscaping
within their utility easements. (City Engineering) (COMPLETED)
An exclusive right-turn ingress lane shall be provided at the project access
driveway along PGA Boulevard prior to the issuance of the first Certificate of
Occupancy. (Engineering) (COMPLETED)
No building permits shall be issued for square footage which generates more than
4,996 net new external trips until a contract is let for the expansion of PGA
Boulevard from Ryder Cup Boulevard to the Avenue of the Champions to a four-
lane divided cross-section. (Engineering)
Pedestrian and vehicular connectivity to and from each out parcel shall be
required. Pedestrian and vehicular connectivity shall also be required to the
shopping center from the out parcels. (Planning & Zoning)
If, in the future, the ultimate right-of-way adjacent to PGA Boulevard is developed
for roadway purposes, all monument signs located in this right-of-way shall be
removed and relocated elsewhere on site at the owner's expense, subject to review
and approval by the Growth Management Department. (Planning & Zoning)
If, in the future, FDOT and all applicable agencies agree to the construction of a
pedestrian crosswalk across the access lanes of the Ronald Reagan Turnpike and
the PGA Boulevard intersection, the applicant shall, at its own expense, extend the
pedestrian crosswalk within the Parkway easement located on its property from the
PGA Boulevard entrance to the Ronald Reagan Turnpike. (City Engineering)
Each future out parcel shall be reviewed and approved as major amendments to
the PUD. (Planning & Zoning)
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Date Prepared: April 29,2005
Resolution 71,2005
Prior to construction plan approval, the applicant shall identify all proposed
handicap ramps on the construction plans. Handicap ramps shall be provided at
all sidewalks intersecting curbs, and all handicap ramps shall comply with ADA
requirements. (City Engineering) (COMPLETED)
Prior to construction plan approval, the applicant shall reflect on the construction
plans that the existing grades at the property line will be met without impact to the
Fire Department property. (City Engineering) (COMPLETED)
Prior to construction plan approval, the applicant shall indicate the maximum slope
and slope direction towards the parking lot for the 11.5-foot wide area shown on
Section H-H. (City Engineering) (COMPLETED)
Within 90 days from the effective date of this Resolution, the applicant shall
submit to the City the sum of $15,000.00 for the purpose of installing a City
entryway sign at the southwest corner of PGA Boulevard and the Ronald Reagan
Turnpike. (Planning & Zoning) (COMPLETED)
The applicant shall install the PGA Boulevard buffer and preserve area within 6
months from the issuance of the first clearing permit; and the remaining buffers
shall be installed within 12 months from the issuance of the first clearing permit.
(Planning & Zoning) (COMPLETED)
Prior to the issuance of the first building permit, the applicant shall install and
maintain a 10-foot minimum strip of sod on the vacant out parcels adjacent to
Jog Road. (Planning & Zoning)
The build-out date for the Mirasol Walk PUD shall be l2ewmbw 21, 2003
j. (City
December 31. 2007.5
Engineering)
Prior to the first Certificate of Occupancy, the applicant shall complete all Palm
Beach County required road improvements for the westbound side of PGA
Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the event these
road improvements have not been completed by the Mirasol PCD. (Planning &
Zoning)
Prior to construction plan approval, the applicant shall submit a Traffic Pavement
Markings and Signage Plan for City review and approval. (City Engineering)
(COMPLETED)
If Exhibits C and D, attached to the Staff report, are approved by the City
Council, the applicant shall incorporate the approved modifications of Exhibit C
and Exhibit D into the site plans, landscape plans, and construction plans, and
Exhibit D shall be revised to show the north end of the curbed landscaped
median pulled back from the east bound travel lane a distance of 5 feet prior to
construction plan approval. (City Engineering) (COMPLETED)
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Date Prepared: April 29,2005
Resolution 71,2005
Crime Prevention Throuclh Environmental Desiqn CPTED:
32. Lighting shall not conflict with landscaping, including long-term tree growth. (Police
Department)
33. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police
Department)
34. Non-glare building lighting shall be around the perimeter on all sides and on
pedestrian walkways. (Police Department)
35. Entry signage shall be lighted. (Police Department)
36. Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits including emergency exits. (Police Department)
37. Numerical addresses shall:
a. Be illuminated for nighttime visibility and be unobstructed;
b. Have bidirectional visibility from the roadway; and
c. Be placed at the front and rear of each business. (Police Department)
38. All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the locking
mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard rings to
protect the mortise lock cylinder.
d. Rear doors shall have 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-removable
hinge pins. (Police Department)
39. Exterior roll-up doors shall be target hardened. (Police Department)
40. Metal halide lighting shall be used for the multi-use pathways and sidewalks within
the site, shall be lit at a minimum of 0.6-foot candles with 12-foot high pedestrian
scale lighting, and shall be the same design used within the MirasollJog Parkway
corridor (Police Department).
41. ATM security shall be achieved by using the following techniques:
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a. Shall be visible from roadway@).
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Date Prepared: April 29,2005
Resolution 71,2005
b. Shall not be obscured by any landscaping or other fixed object that would
prevent clear visibility.
c. Install a s\ow speed video camera that is recording 24-hours a day.
d. High illumination of ATM. Lighting shall be positioned so as not to cause glare
e. Install and strategically place a convex mirror to allow operator of the ATM to
identify any approaching person(s) andlor potential suspect(s).
f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
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Section 78-1 54, PUD- Planned Unit Development Overlay District, to allow
a Planned Unit Development (PUD) size of approximately 24 acres.
Section 78-182, Illumination of Uses and Buildings, to allow for a light pole height
of 35 feet in vehicle use areas.
Section 78-182, Illumination of Uses and Buildings, to allow for a 15.4 foot-candle
level at the gas station.
Section 78-182, Illumination of Uses and Buildings, to allow for a 5.8 foot-candle
level at the east property line.
Section 78-231 , Parkway Overlay District, to allow for a parkway easement of 55
feet adjacent to Jog Road.
Section 78-508, Intersections, to allow for a driveway with a separation distance
of 59 feet.
Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a building
height of 43 feet.
Section 78-285, Permitted signs, to allow for a letter height of 48 inches for the
principal tenant sign.
for
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SECTION 4. This PUD approval shall be in compliance with the following plans on file
Mirasol Walk Site Plan, sheet PI, 1 sheet total, by Gee & Jenson, September 5,
with the City’s Growth Management Department:
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Date Prepared: April 29,2005
Resolution 71,2005
Mirasol Walk Right of Way Plan, sheet P2, 1 sheet total, by Gee & Jenson, July
24,2003.
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Mirasol Walk Landscape Plans, sheets L?, L2, L3, L4, L5, L6, L7, and L8, 8
sheets total, by Gee & Jenson, July 24,2003, and September 2,2003 (sheets L3
& L8).
Mirasol Walk Architectural Elevations and roof plans, sheets A2.01, A2.02, and
A3.07,4 sheets total, by Marc Wiener, A.I.A., July 24,2003.
Convenience Store elevations, roof, and floor plans, sheets AI.0, A1.5, A2.0,
A2.1, C1.1, C1.2, by WD Partners, August 7,2003.
Photometric Plan, sheet I of 1 , by WLS Lighting Systems, August 8, 2003.
Photometric Site Plan for Exxon Mobil, by Progressive Development, September
5,2003.
Mirasol Walk Design Guidelines, by North American Properties, July 24, 2003.
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SECTION 5. The Planned Unit Development (PUD) amendment petition for 4,000
additional square feet of restaurant space and to include professional and business office as
a permitted use is APPROVED on the following described real property:
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LEGAL DESCRIPTION:
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PARCEL 30.02
A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH
88”27’05” WEST, ALONG THE SOUTH LINE OF SOUTHEAST QUARTER (SE ‘!A) OF SAID
SECTION 3, A DISTANCE OF 903.56 FEET; THENCE NORTH OI”35’04” EAST,
DEPARTING SAID SOUTH LINE, A DISTANCE OF 98.86 FEET TO A POINT ON THE
THE CIRCUIT COURT BOOK 67, PAGE 566; SAID POINT ALSO BEING THE POiNT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND.
NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD, AS DESCRIBED IN MINUTES OF
THENCE SOUTH 77’30’46” WEST, ALONG SAID NORTH LINE, A DISTANCE OF 160.23
BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 2399, PAGE 1073; THENCE
DISTANCE OF 468.41 FEET; THENCE NORTH 43”30’10” WEST, DEPARTtNG FROM
FEET TO THE INTERSECTION WITH THAT CERTAIN RIGHT-OF-WAY DEED FOR PGA
CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 88’27’05” WEST A
SAID NORTH LINE, A DISTANCE OF 623.10 FEET TO A POINT ON A CURVE CONCAVE
WESTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 4 43’30’10” WEST) HAVING A RADIUS OF 175.00 FEET; THENCE NORTHWESTERLY
49 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11”36’20”, A
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Date Prepared: April 29,2005
Resolution 71,2005
DISTANCE OF 340.88 FEET TO A POINT ON A CURVE CONCAVE EASTERLY (A RADIAL
LINE PASSING THROUGH SAID POINT BEARS SOUTH 83’33’56” EAST) HAVING A
RADIUS OF 2,940.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 07’01’34”, A DISTANCE OF 360.53 FEET; THENCE
LINE OF FLORIDA’S TURNPIKE; THENCE SOUTH 01’35’04” WEST, ALONG SAID WEST
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19 ATTEST:
5 SOUTH 88’24’56” EAST, A DISTANCE OF 1,067.38 FEET TO THE WEST RIGHT-OF-WAY
RIGHT-OF-WAY LINE, A DISTANCE OF 1,041 -43 FEET TO THE POINT OF BEGINNING.
SECTION 6. This Resolution shall become effective immediately upon adoption.
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
ChEtine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO L--
J VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY J--
COUNCILMEMBER VALECHE L-.-
c/ COUNCILMEMBER BARNETT ---
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Date Prepared: September 9,2003
RESOLUTION 168,2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN PETITION OF GEE & JENSON, AGENT FOR
NORTH AMERICAN PROPERTIES & INVESTORS, INC. FOR THE
OF PGA BOULEVARD AND THE RONALD REAGAN TURNPIKE, AS
DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW A
GROCERY STORE, RETAIL, AND FINANCIAL INSTITUTIONS;
GRANTING CONDITIONAL USE APPROVAL FOR A GAS
STATlONlCONVENlENCE STORE; AND PROW Dl NG AN
EFFECTIVE DATE.
24-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, the City’s Land Development Regulations, is authorized and empowered to
consider petitions related to zoning and land development orders; and
WHEREAS, the City received petition PUD-01-11 from Gee & Jenson, agent for
North American Properties & Investors Inc., for master development approval for
57,036 square feet of grocery store, 27,996 square feet of retail, a Conditional Use
(CU) for 3,925 square feet of gas station/convenience store, and approval for the uses
of four out parcels consisting of two 5,000 square-foot banks and two specialty retail
buildings, not to exceed a combined total of 14,693 square feet on an approximately
24-acre site located at the northwest corner of PGA Boulevard and the Ronald Reagan
Turnpike, as more particularly described herein; and
WHEREAS, the subject site has been zoned to PUD with an underlying zoning of
General Commercial (CG-1); and
WHEREAS, the Master Development Plan was reviewed by the Planning and
Zoning Commission at a public hearing conducted on June 24, 2003; and
WHEREAS, the gas station/ convenience store has been reviewed as a
Conditional Use (CU) and has met the conditional use criteria per Section 78-52 of the
City’s Land Development Regulations; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
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Date Prepared: September 9,2003
Resolution 168,2003
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified,
SECTION 2. The Master Development Plan application of Gee & Jenson, agent
for North American Properties & Investors, Inc., is hereby APPROVED on the following
described real property, to permit 57,036 square feet of grocery store, 27,996 square
feet of retail, a Conditional Use (CU) for 3,925 square feet of gas stationkonvenience
store, and approval for the uses of four out parcels consisting of two 5,000 square-foot
banks and two specialty retail buildings, not to exceed a combined total of 14,693
square feet on an approximately 24-acre site located at the northwest corner of PGA
Boulevard and the Ronald Reagan Turnpike, subject to the conditions of approval
contained herein, which are in addition to the general requirements othewise provided by
ordinance:
LEGAL DESCRIPTION:
PARCEL 30.02
A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42
EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE
NORTH 88 27’05” WEST, ALONG THE SOUTH LINE OF SOUTHEAST QUARTER
(SE %) OF SAID SECTION 3, A DISTANCE OF 903.56 FEET; THENCE NORTH 01
35’04” EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 98.86 FEET TO A
POINT ON THE NORTH RIGHT OF WAY LINE OF PGA BOULEVARD, AS
DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 67, PAGE 566; SAID
PINT ALSO BEING THE POINT OF BEGINNING OF THE HERElN DESCRIBED
PARCEL OF LAND.
THENCE SOUTH 77 30’46” WEST, ALONG SAID NORTH LINE, A DISTANCE OF
160.23 FEET TO THE INTERSECTION WITH THAT CERTAIN RIGHT OF WAY DEED
FOR PGA BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 2399, PAGE
1073; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE NORTH
88 27’05 WEST A DISTANCE OF 468.41 FEET; THENCE NORTH 43 30’10” WEST,
DEPARTING FROM SAID NORTH LINE, A DISTANCE OF 623.10 FEET TO A PINT
ON A CURVE CONCAVE WESTERLY (A RADIAL LINE PASSING THROUGH SAID
PINT BEARS WORTH 43 30’10” WEST) HAVING A RADIUS OF 175.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGEL OF 11 36’20“, A DISTANCE OF 340.88 FEET TO A POINT ON A
CURVE CONCAVE EASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT
BEARS SOUTH 83 33’56” EAST) HAVING A RADIUS OF 2,940.00 FEET; THENCE.’.,
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Date Prepared: September 9,2003
Resolution 168,2003
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 07 01'34", A DISTANCE OF 360.53 FEET' THENCE SOUTH 88 24'56" EAST, A
DISTANCE OF 1,067.38 FEET TO THE WEST RIGHT OF WAY LINE OF FLORIDA'S
TURNPIKE; THENCE SOUTH 01 35'04" WEST, ALONG SAID WEST RIGHT OF WAY
LINE, A DISTANCE OF 1,041.43 FEET TO THE POINT OF BEGINNING.
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The approved uses for the Mirasol Walk Planned Unit Development shall
consist of the following: antique shop; appliance and electronics store;
bakery; bicycle store; bookstore; clothing and accessory store; consignment
shop; convenience store w/gas sales-out parcel 5 only; drug store or
pharmacy; floral or florist shop; gift and card shop; grocery store- anchor
tenant only; hardware, paint, glass, wallpaper, and floor covering store- less
than 10,000 square feet; toy, hobby, fabric, and craft shop; jewelry store-
including repair; pet grooming shop; pottery shop; restaurant, quality,
specialty, and takeout- total not to exceed 4,000 square feet of in-line retail
space; banWfinancial institution w/ or w/o drive-thru lanes; barbedbeauty
shops; blueprinting service; dry cleaning excluding self service laundry;
locksmith; mail and packing store, private; post office and accessory post
office; personal services; picture framing; art gallery and museum; tailor shop;
travel agency; video rental and sales; interior design including sales;
specialty retail excluding discount, wholesale, or outlet stores; public park;
accessory satellite dishes in accordance with City Code Section 78-159 (69);
and accessory uses. (Planning & Zoning)
The applicant shall submit a tabular summary that includes each tenant and
the square footages for all uses on site. This summary shall be updated and
submitted each time an interior tenant renovation permit and occupational
license are submitted to the City for review and approval. (Planning &
Zoning)
Tenant signage size shall be limited to 60% of the average rectangular stucco
to the attached area, and all signage shall not exceed City Code Section 78-
285, Permitted Signs. (Planning & Zoning)
All tenant signage shall be limited to one typeface and one color. The first
tenant sign permit to be issued by the Growth Management Department shall
provide for the color and typeface allowed in the PUD. (Planning & Zoning)
Prior to the issuance of the first certificate of occupancy, the applicant shall
submit documentation to the City to establish that they have negotiated in
good faith to secure an agreement with either the United States Postal
Service for an independent retail mail outlet or with a tenant (such as Mail
Boxes, Etc., The Shipping Store, Hallmark Crown Store) that has entered into
an agreement with the United States Postal Service to be a "Contract Postal
Unit" in Phase I of the project. (Planning & Zoning and City Attorney)
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Date Prepared: September 9.2003
Resolution 168,2003
Out parcels one, two, three, and four shall not be cleared until site plans for
these parcels are approved by the City Council. Minor areas may be cleared
to install utilities for Phase 1 of the PUD if a clearing permit is reviewed and
approved by the City Forester. (Planning & Zoning)
Prior to issuance of the first Certificate of Occupancy, unity of control
documents for the Mirasol Walk Planned Unit Development (PUD) shall be
submitted to the City and approved by the City Attorney. (City Attorney)
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Prior to issuance of the first Certificate of Occupancy, dark green slats shall
be installed in the chain link fence at the point where the Seacoast Utility
easement is located within the Ronald Reagan Turnpike buffer. (Planning &
Zoning)
The applicant shall apply for a conditional use for each bank that includes
more than four drive-thru lanes. (Planning & Zoning)
All mechanical equipment shall be screened from view. (Planning & Zoning) I
Mechanical equipment for the sewice station shall be located behind the
screened area for HVAC. (Planning 81 Zoning)
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Section 78-221 (h) (9). (Planning & ZoninglCode Enforcement)
No additional signage or banners shall be installed on site without City
Council approval. (Planning & Zoning)
The lighting source from the service station canopy shall be recessed so
that there is no off-site glare or lighting spillover into PGA Boulevard.
(Planning & Zoning)
Prior to construction plan approval, the applicant shall provide a letter of
consent from the utility easement owner(s) allowing light fixture poles and/or
landscaping within their utility easements. (City Engineering)
An exclusive right-turn ingress lane shall be provided at the project access
driveway along PGA Boulevard prior to issuance of the first Certificate of
Occupancy. (Engineering)
No building permits shall be issued for square footage which generates more
than 4,996 net new external trips until a contract is let for the expansion of
PGA Boulevard from Ryder Cup Boulevard to the Avenue of the Champions
to a four-lane divided cross-section. (Engineering)
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Date Prepared: September 9,2003 Resolution 168,2003
Pedestrian and vehicular connectivity to and from each out parcel shall be
required. Pedestrian and vehicular connectivity shall also be required to the
shopping center from the out parcels. (Planning & Zoning)
If, in the future, the ultimate right-of-way adjacent to PGA Boulevard is
developed for roadway purposes, all monument signs located in this right-of-
way shall be removed and relocated elsewhere on site at the owner’s
expense, subject to review and approval by the Growth Management
Department. (Planning & Zoning)
If, in the future, FDOT and all applicable agencies agree to the construction of
a pedestrian crosswalk across the access lanes of the Ronald Reagan
Turnpike and the PGA Boulevard intersection, the applicant shall, at its own
expense, extend the pedestrian crosswalk within the Parkway easement
located on its property from PGA Boulevard entrance to the Ronald Reagan
Turnpike. (City Engineering)
Each future out parcel shall be reviewed and approved as major
amendments to the PUD. (Planning & Zoning)
Prior to construction plan approval, the applicant shall identify all proposed
handicap ramps on the construction plans. Handicap ramps shall be
provided at all sidewalks intersecting curbs, and all handicap ramps shall
comply with ADA requirements. (City Engineering)
Prior to construction plan approval, the applicant shall reflect on the
construction plans that the existing grades at the property line will be met
without impact to the Fire Department property. (City Engineering)
Prior to construction plan approval, the applicant shall indicate the maximum
slope and slope direction towards the parking lot for the 11.5-foot wide area
shown on Section H-H. (City Engineering)
Within 90 days from the effective date of this Resolution, the applicant shall
submit to the City the sum of $15,000.00 for the purpose of installing a City
entryway sign at the southwest corner of PGA Boulevard and the Ronald
Reagan Turnpike. (Planning & Zoning)
The applicant shall install the PGA Boulevard buffer and preserve area
within 6 months from the issuance of the first clearing permit; and the
remaining buffers shall be installed within 12 months from the issuance of
the first clearing permit. (Planning & Zoning)
Prior to the issuance of the first building permit, the applicant shall install
and maintain a 10-foot minimum strip of sod on the vacant out parcels
adjacent to Jog Road. (Planning & Zoning)
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Date Prepared: September 9,2003
Resolution 168,2003
28. The build-out date for the Mirasol Walk PUD shall be December 31, 2003,
as referenced in the September 18,2002, concurrency approval letter from
the Palm Beach County Department of Engineering. (City Engineering)
29. Prior to the first Certificate of Occupancy, the applicant shall complete all
Palm Beach County required road improvements for the westbound side of
PGA Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the
event these road improvements have not been completed by the Mirasol
PCD. (Planning 81 Zoning)
30. Prior to construction plan approval, the applicant shall submit a Traffic
Pavement Markings and Signage Plan for City review and approval. (City
Engineering)
31. If Exhibits C and D, attached to the Staff report, are approved by the City
Council, the applicant shall incorporate the approved modifications of
Exhibit C and Exhibit D into the site plans, landscape plans, and
construction plans, and Exhibit D shall be revised to show the north end of
the curbed landscaped median pulled back from the east bound travel lane
a distance of 5 feet prior to construction plan approval. (City Engineering)
Crime Prevention Throuah Environmental Desian CPTED:
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Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department)
All lighting for parking lots and pedestrian walkways shall be metal halide.
(Police Department)
Building lighting shall be around the perimeter on all sides and on pedestrian
walkways. No glare lighting shall be used. (Police Department)
Entry signage shall be lighted. (Police Department)
Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits including emergency exits. (Police Department)
Numerical addresses shall:
a. Be illuminated for nighttime visibility and be unobstructed;
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b. Have bi-directional visibility from the roadway; and
c. Be placed at the front and rear of each business. (Police Department)
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Resolution 168,2003
38. All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard rings
to protect the mortise lock cylinder.
d. Rear doors shall have 180-degree peephole viewers.
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I e. All perimeter doors shall be equipped with hinges that utilize non-
39. Exterior roll-up doors shall be target hardened. (Police Department)
removable hinge pins. (Police Department)
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40. Metal halide lighting shall be used for the multi-use pathways and sidewalks
within the site, shall be lit at a minimum of 0.6-foot candles with 12-foot high
pedestrian scale lighting, and shall be the same design used within the
MirasoWJog Parkway corridor (Police Department). I
I 41. ATM security shall be achieved by using the following techniques: I
a. Shall be visible from roadway(s).
b. Shall not be obscured by any landscaping or other fixed object that would
prevent clear visibility.
c. Install a slow speed video camera that is recording 24-hours a day.
d. High illumination of ATM. Lighting shall be positioned so as not to cause
glare of video recording.
e. Install and strategically place a convex mirror to allow operator of the ATM
to identify any approaching person(s) and /or potential suspect(s).
f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs.
(Police Department)
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following eight (8) waivers:
1. Section 78-1 54, PUD- Planned Unit Development Overlay District, to allow
for a Planned Unit Development (PUD) size of approximately 24 acres,
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Date Prepared: September 9,2003
Resolution 168,2003
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Section 78-182, Illumination of Uses and Buildings, to allow for a light pole
height of 35 feet in vehicle use areas.
Section 78-182, Illumination of Uses and Buildings, to allow for a 15.4 foot-
candle level at the gas station.
Section 78-182, Illumination of Uses and Buildings, to allow for a 5.8 foot-
candle level at the east property line.
Section 78-231, Parkway Overlay District, to allow for a parkway easement
of 55 feet adjacent to Jog Road.
Section 78-508, Intersections, to allow for a driveway with a separation
distance of 59 feet.
Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a
building height of 43 feet.
Section 78-285, Permitted signs, to allow for a letter height of 48 inches for
the principal tenant sign.
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SECTION 4. This PUD approval shall be in compliance with the following plans
on file with the City's Growth Management Department:
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Mirasol Walk Site Plan, sheet Pl, 1 sheet total, by Gee & Jenson,
September 5,2003.
Mirasol Walk Right of Way Plan, sheet P2, 1 sheet total, by Gee & Jenson,
July 24, 2003.
Mirasol Walk Landscape Plans, sheets L1, L2, L3, L4, L5, L6, L7, and L8,8
sheets total, by Gee & Jenson, July 24, 2003, and September 2, 2003
(sheets L3 & L8).
Mirasol Walk Architectural Elevations and roof plans, sheets A2.01 , A2.02,
and A3.07,4 sheets total, by Marc Wiener, A.I.A., July 24,2003.
Convenience Store elevations, roof, and floor plans, sheets AI .O, AI .5,
A2.0, A2.1, Cl .I, Ci .2, by WD Partners, August 7,2003.
Photometric Plan, sheet 1 of 1, by WLS Lighting Systems, August 8,2003.
Photometric Site Pian for Exxon Mobil, by Progressive Development,
September 5,2003.
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Date Prepared: September 9,2003
Resolution 168,2003 I
I 8. Mirasol Walk Design Guidelines, by North American Properties, July 24,
2003.
SECTION 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this bW day of lu~vedu~ ,2003.
CITY OF-ACH GARDENS, FLORIDA
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: P/
Mristine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN
Y VICE MAYOR SABATELLO ---
./ --- COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO r/ ---
/ --- COUNCILMEMBER DELGADO
\\pbgsfile\Attomey\altomey-share\RESOLUTlONSkeso 168 2003 - mirasol walk-rez-mp-with changes 10-&03.doc
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MIRASOL WALK
REQUEST FOR A CONDITIONAL USE
CONVENIENCE STORE.WITH GAS SALES AND CAR WASH
Criteria for Conditional Use - Section 78-52
Comprehensive plan. The proposed use is consistent with the comprehensive plan.
The proposed convenience store with gas sales and car wash is an out-parcel of
the Muasol Walk project, a Commercial Planned Unit Development, whkh Lr
consistent. with the Commercial land use designation in the Comprehensive
Plan.
Chapter requirements. The proposed use is consistent with all applicable requiiements of
this chapter. The proposed project is consistent with all applicable requirements of the
LDR except for Section 78-182 for which two waivers pertaining specifically to the
convenience store are requested:
1. Pole &eight Limitation for Vehicle Use Area
Section 78-182 - Pole heights are limited to 25 feet in vehicle use areas.
The applicant’s proposed pole height within vehicle use areas is 35 feet. The
proposed height is necessary for even intensity of illumination throughout the
parking area, and, for aesthetic purposes, to decrease the number of light poles
needed to provide sufficient lighting. The 35-fOOt pole heights are consistent
with the adjacent Mirasol development located west of the Mkasol Walk. The
project is not crdjacent to residential proper0 and is buffered on all sides by at
least 300 feet of open space or right-of-ways. The 08-ramp of Floridcr’s
Turnpike onto PGA Boulevard is located east of the Mirasol Walk project. The
lighting generally used for the 08-ramps is ‘High Mask Intersection Lighting’
with pole heights of 100 feet. Due to the distance between vehicle use area
lighting and the adjacent right-of-way, no glare will occur.
P.2
2. Illumination Reauirement for Service Station Canopt
Section 78-182 - Illumination of uses and buildings requires that vehicle use
nreas, canopies, storage areas, or other areas associated with a use shall not be
utilized as a means to attract attention.
The levels of illuntination for the service station canopy are provided jbr
security and use purposes only. This type of waiver has been granted to other
service stations within the Ct2y of Palm Beach Gardens because higher cancp&j:~~
illumination was deemed necessary for customer safety. 42 42,
/* ’ ”“ ClmOFPBG AI!$ 3. 1
I PLANNING . &ZONING
1 DIVISION
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PROJECT NARRATIVE
Walgreens at Mirasol Walk
September IO, 2007 e
EXISTING USE
SUBJECT PROPERTY:
Shopping Center
RequestlLocationlHistory
northwest corner of the intersection of PGA Boulevard and The
Ronald Reagan Turnpike. Mirasol Walk was approved by the
City Council on November 6th, 2003 by Ordinance 24,2003 for a
rezoning from PDA to PUD, with an underlying zoning of
General Commercial (CG-1). Resolution 168, 2003, allowed for a Grocery Store, retail,
financial institutions, and approved a conditional use for a gas stationkonvenience. The
project has been amended several times to allow for site plan approvals and
administrative amendments for all of the parcels in the PUD with the exception of Parcels
1 and 2. This request is to allow a 14,820 square foot drugstore with drive-thru window
on Parcels 1 and 2 which are the last remaining un-built parcels in the project. This
request is consistent with the currently approved Master Plan, and meets the intent and
design criteria of the PUD.
Urban Design
Urban Planning
Land Planning
Landscape Architecture
The Mirasol Walk PUD is a 24-acre tract of land located at the
ZONING FUTURE LAND USE
PUD wlCGl Commercial
Existing Zoning and Future Land Use Designations
TO THE EAST:
RR Turnpike
TO THE SOUTH:
PGA National DRI
TO THE WEST:
Mirasol PCD
The Mirasol Walk PUD currently has a future land use designation of Commercial (C) and
a zoning designation of Planned Unit Development (PUD), with an underlying zoning of
General Commercial (CG-1). The proposed site plan is consistent with the approved
Master Plan, and will not require amendments to the zoning designations or the
Comprehensive Plan designations.
Road ROW Road ROW
PCD wlRL3 Residential
PCD w/ RL3 Re
sid
enti
ai
- :-
I pcD wl RL3
TO THE NORTH:
Mirasol PCD
Reside n ti a I
Project Narrative
Mirasol Walk PUD Amendment 0
September 10,2007
Page 2
Concurrency J
Mirasol Walk received Conditional Concurrency Certification at the time of the approval of
the PUD. The proposed site plan is consistent with the approved master site plan, and
the proposed use is within the limits of the allowed retail square footage for the center.
PROJECT DETAILS
Architectural Style and Special Features
The proposed drug store has been designed to take into consideration the approved
Design Guidelines and the existing structures within the center. The use of architectural
trims, columns and tile has been extended to this building. The proposed colors and
materials will also match the existing center.
Parkway/Landscape Buffers
The existing 6' hedges, grasses, Pine and Oak trees within the Parkway Buffer along Jog
Road and the entrance drive will be maintained and supplemented with additional hedges, - grasses and trees. Additional plants will be provided at the corner signage feature.
Building Landscaping
Landscape planting around the building is proposed to include Multi-truck Palms, grasses,
and hedges that will be consistent with the palette of plant materials of the rest of the
center.
Access
Access to the Mirasol Walk is provided from a single driveway on PGA Blvd. and two
driveways on Jog Road. Access into Parcels 1 and 2 is limited to internal circulation within
the shopping center and does not have direct access to the Thoroughfare roadways. All
access and right-of-way requirements of the PUD have been met.
Pedestrian Connectivity
Pedestrian connectivity is provided through a system of sidewalks along Jog Road which
connect to the internal sidewalks in the center. The modification of one existing crosswalk
to the south of the entrance of the Walgreens parking lot will be required to improve it's
alignment.
C:\Documents and Settings\uds\Local Settings\Temporary Internet Files\OLK74Vroject Narrative PLlD 121 107.wpd
Project Narrative
Mirasol Walk PUD Amendment 0
September 10,2007
Page 3
Project Signage
As part of the approved PUD, the site is entitled to one ground sign. The proposed
"Monument Sign # 4'' as shown on the approved Master Plan is proposed to be moved to
a more central location on the corner of the property. The sign as proposed will be
consistent with the general design criteria of the PUD, however, it will also include an
electronic reader board. This application is requesting a waiver from the code for the
addition of the reader board. Signs are being proposed on two sides of the building in
accordance with the provision in the code that allows building identification and tenant
identification signs. The maximum height of the letters is 24" with the total sign face area
being 72 square feet per side.
Lighting
Light poles are being proposed in accordance with the approved lighting pole and fixture
of the overall center.
Parking
Parking is being provided in accordance with the parking ratio required by the approved
Master Plan at I space per 200 square feet. Parking spaces are 9.5' x 18.5' in
accordance with the previously approved waiver for the PUD.
UtilitiesllnfrastructurelDrainage
Utilities and infrastructure have been provided to the site as part of the construction of the
existing center. Accommodations have been made on the site and landscape plans for
the required utility services and the screening required.
Phasing
The Mirasol Walk PUD was approved with 5 out-parcels. Parcel 5 was developed as a
gas station and convenience store concurrently with the main center. Parcels 3 and 4
have been developed as financial institutions and Parcels 1 and 2 are the only remaining
parcels left for development and which are the subject of this application.
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Project Narrative
Mirasol Walk PUD Amendment
Comparison (per code
unless otherwise
noted)
Open Space (PUD)
Minimum PUD
Development Size
Minimum Site Area
(CG- I)
Minimum Building Site
Area (CG-I)
Minimum Lot Width
(CG-I)
Maximum Building Lot
Maximum Height Limit
Coverage (CG-1)
fCG- I
September 10,2007
Page 4
Allowed Proposed Compliance
15% min. 32% yes
1 acre 24 acres (Overall PUD) Yes
15,000 sf 120,225.6 sf Yes
None da da
Ye 100' 275.63
35% 12.5% Yes
36' 20' Yes
Land Development Regulations
Number Allowed
(4 allowed per approved
1 for 300 feet of ROW
frontage, -t 1 Per 1 for this parcel per Yes
additional 700 feet approved MP
ROW frontage
Waiver
Requested
Setbacks
Number Required 75 (1 space/200 sfper
approved MP)
Stall Dimensions 9.5' x 18.5 feet (per 9.5' x 18.5' Yes approved PUD waiver)
C:U>ocuments and Settings\uds\Local Settings\Temporary Internet Files\OLK74WroJect Narrative PUD 12 I 107.wpd
Project Narrative
Mirasol Walk PUD Amendment
Comparison (per code
unless otherwise
noted)
Setbacks
Sign FaceLED
Reader Board
Ground Sign Landscape
September 10,2007
Page 5
Allowed Proposed Compliance Waiver
Requested
15 feet-from ROW line 47’ from ROW line Yes
50 feet-side property
line
da fiom side
Not allowed LED reader board proposed no
Yes
10’ in front and on each lo’+ in front, Yes
rear 7.1‘ in rear
Wail Signs
yes
I Building ID Signs
I I
Lanhcaping
I Points I 495 1.3 I 6995.8 I yes I 1
Waivers
The general purpose and intent of the PUD Planned unit development overlay district is established
“to permit and encourage more efficient and creative development or re-development of property; to
encourage an economical and efficient arrangement of buildings; to provide maximum opportunity
for application of innovative concepts of development in the creation of aesthetically pleasing
living, shopping and working environments on properties of adequate size shape and location. ..and
to ensure that development occurs according to limitations of use, design, density, coverage, and
planning as stipulated in an approved development plan.” As a result of these concepts, the PUD
Overlay District was created as a “Flexible” zoning district that is intended to allow for deviations
fiom the standard Land Development Regulations. The deviations are accommodated through the
Waiver approval process. The granting of waivers allows innovative, and creative design concepts
to be realized that will be a benefit to the city. As required, the proposed waivers meet the criteria
established in the Land Development Regulations Under Section 78-1 %(I).
I
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Project Narrative September 10,2007
Mirasol Walk PUD Amendment Page 6
We believe that the design of this sign is consistent with the intent and purpose of the Planned Unit
Development Overlay District regulations, is similar to changeable copy gasoline sales signs, and is
consistent with comparable signs within other communities. For these reasons we feel the requested
waiver should be approved and respectfully request your support.
The applicant is requesting the following waiver:
A Waiver to Allow an LED Reader Board as an amendment to the Master Sign Program for
Monument Sign #4:
The applicant is requesting a waiver from Section 78-284 Prohibited signs and prohibited sign
locations (h)(6) Changeable Copy signs, to allow a changeable copy electronic reader board to be
part of the sign design for the Walgreens monument sign. This reader board is part of a nationwide
signage program utilized by the Walgreens organization and is controlled remotely to provide
consistent and timely information regarding sales and promotions. The reader board is similar in
concept to the changeable copy of gasoline sales signs, however, with the technologically updated
electronic version, the sign is cleaner and more efficient. Because the Walgreens store is located in
the “rear” of the shopping center, and is removed from the frontage of PGA Blvd., the visibility of
any sales information is severely limited. The ability to advertise is very important to the store and
the changeable copy reader board would provide valuable visibility for the store. Otherwise the
design, colors and materials of the sign are consistent with the Master Signage Program. The
proposed landscape plan provides 40% more landscape material than is required by code and the
applicant has provided additional landscape materials around the sign and on the property to
enhance the area around the sign.
C:V)ocuments and Settings\udsbcal Settings\Temporary Internet Files\OLK74\Project Narrative PUD I21 I07.wpd
February 19,2008
Mr. Richard Marrero, Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410 Urban Design
Urban Planning
Land Planning
Landscape Architecture
RE: MIRASOL WALK WALGREENS
PLANNED UNIT DEVELOPMENT AMENDMENT
PBG REF: PUDA -07-09-000010
UDS REF.:#95-029.089 (PUD)
Dear Richard:
Attached for your use and distribution to the Planning Zoning and Appeals Board, are 18 sets of
amended site, landscape, architecture and signage plans for the Walgreens at Mirasol Walk. These
plans have been amended in response to the comments of the Planning Zoning and Appeals Board
(PZAB), the comments of the City engineer and the City staff. The modifications made as a result
of the PZAB include the following:
e The parapet has been amended to modify the height by stepping it up and down along the
At the corners a 2'-0 projected corner element with arched niche has been added with
facade.
e
capped trim molding. The trim molding has multiple levels of relief, as well as, added
downlights in the under side of the arch to add washed light on the walls.
e Stone sills, matching the base treatment, have been added to the windows.
North Elevation
The arched element has been carried around the corner with 2'-0
repetitive arched colonnade (to break up blank wall). The arched treatment is continued
with 1 '-0 column projections along the remaining length of the elevation. Decorative trim
and banding has been added.
column projections and a
West Elevation
e The elevation has been amended to provide 1 '-0 projected
Pilasters in a repetitive pattern to break up the blank wall and to
enclose downspouts. Decorative trim and banding has also been
added.
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDSonline.com
LCC35 C Documents and Sellings\rbooth\Desktop\Walgreens\Application InfoRcsubmission PZAB comments 02 I908 wpd
0
Mr. Richard Marrero
Walgreens @ Mirasol
February 19,2008
Page 2
0 The scuppers have been noted to be prefabricated decorative scuppers. The doors of the
compactor enclosures have been modified to be corrugated metal.
All of the above changes have added numerous possibilities for placement of accent paint color
(Please see attached color elevations).
Landscape Plans
Modifications have been made to the landscape plan to continue to enhance and soften the facade
of the building and as a result of the changes to the elevations, there have been slight adjustments
to the footprint of the building and the landscapehardscape area immediately adjacent to the
building. The landscape plan has been adjusted as follows:
0 The Travelers Palms have been shifted away from the arches and Pygmy Date Palms have
The Carpenteria Palms on the south side have been shifted away from the building, to the
The Crepe Myrtle has been re-aligned on the east side to be more centrally located within
Additional Bougainvillaea has been added to the trellis planting on the west side.
A two foot berm has been added to the western landscape buffer to further increase the
The landscape area along the northern facade has been adjusted to place the planting
been added in the center of the arches on the north and south sides.
landscape island.
the arch.
0
0
0
0
height of the trees at installation.
adjacent to the drive and the employee entrance sidewalk adjacent to the building.
0
Signage
The monument sign has been modified to reduce the scale and mass of the sign, reduce the size of
the logo and text, and to reduce the size of the lights. The sign is still consistent with the design
concept of the existing signs and incorporates the same colors and materials as required by the
PUD Sign Guidelines.
Site Plan
The site plan being submitted today has also incorporated the comments of the city engineer and
the city staff to redesign the loading and maneuvering areas, and modi@ the bypass lane adjacent to
the drive-thru to provide for a one-way single lane. Following review and a recommendation of
approval from the Planning Zoning and Appeals Board we will submit the remaining amended
proiect plans including the open space plan, engineering and photometric plans.
C \Documents and Scttings\lbooth\Dciktop\Walgreens\Application InfoResubmission PZAB comments 02 1908 wpd
Mr. Richard Marrero
Walgreens @ Mirasol
February 19,2008
Page 3
GREEN Building Initiatives
As mentioned at the last hearing, it is not the intention of the applicant to try and secure LEED
certification for this building, however, there are a number of elements of the project that would
qualify for LEED points if reviewed. At the request of the PZAB, the applicant is evaluating the
construction practices and material selections proposed for the Walgreens and will be prepared at
the next hearing with a list of those qualifying items being proposed.
Should you have any questions regarding the attached materials, or require any additional
information, please let me know.
Sincerely,
Urban Design Studio
Anne Booth
Principal
Judah Rubin 0 attachments cc:
C:\Documcnts and Settings\aboolhWesklop\Walgreens\Applicilion InfoWesubmission PZAB comments 02 I908 wpd
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6
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: January 12,2008
Meeting Date: February 26,2008
Petition: PVAR-08-01-000005
SubjecVAgenda Item:
Petition PVAR-08-01-000005: Side Setback Variance for 317 Charroux Drive
Public Hearing & Consideration of Approval: A request by Mr. Robert Wunderlich, for
approval of a variance from the Frenchman’s Reserve Planned Community Development (PCD)
Pod C Site Plan, to allow for an accessory structure to encroach eleven and a half inches into the
3-fOOt required side yard setback on Lot Nine. The Frenchman’s Reserve PCD is located on the
east side of Alternate A1 A, approximately one mile south of Donald Ross Road.
[ ] Recommendation to APPROVE
[XI Recommendation to DENY
Reviewed by:
City Attorney
Christine Tatum
Planning Manage a - Jeff Johnson
Development
Compliance N/A
Bahareh Wolfs, AICP
Growth Manag
Administrator
Kara Irwin, AICP
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Growth Management:
Manager m
Richard J. MaGero
Senior Planner
[XI Quasi -Judicial
[ 3 Legislative
[XI Public Hearing
dtised:
[XI Required
[ ] Not Required
Paper: Palm Beach Post
Date: 2/15/08
Affected parties:
[XI Notified
[ 3 Not Required
Finance:
Building Accountant:
By: Tresha Thomas
Fees Paid [ Yes 3
_NAP
Funding Source:
[ ] Operating
[XIOther NA
Budget Acct.#:
NA
PZAB Action:
[ ]Approved
[ 3 App. wl conditions
[ 3 Denied
[ ] Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Final Orders
Variance Application
Applicant Narrative
Lot 9 Survey
Lot 9 Survey with
Encroachment
Photos
Date Prepared: January 12, 2008
Meeting Date: February 26,2008
Petition: PVAR-08-01-000005 , . -.
EXECUTIVE SUMMARY 0 The subject petition is a side yard-setback variance request for Lot Nine of Pod C within the
Frenchman’s Reserve Planned Community Development (PCD). The requested variance will
allow the Applicant’s accessory structure to remain 2.2 feet from the side property line, whereas
a 3-foot side setback is required. It is staffs professional opinion that that requested variance
does not pose a negative impact on the surrounding area. However, the requested variance does
not meet all eight criteria pursuant to the Land Development Regulations. Therefore, staff
recommends denial of the subject petition.
BACKGROUND
On March 15, 2001, the City Council approved the Frenchman’s Reserve Planned Community
Development through the adoption of Ordinance 4, 2001, which consists of 430 single-family
dwelling units and 100 multi-family dwelling units on a 434-acre site. The PCD was
subsequently amended by Ordinance 19,2002, which allowed for the modification of conditions
of approval and PCD master and buffer plans, and for the on-site relocation of various easements
and wells. The site plans for all residential pods within the PCD have been approved by the City
Council.
The Applicant states that he purchased his home and the builder offered an optional “chickee”
hut as an upgrade. The Applicant paid for the additional upgrade and the Seminole Tribe of
Florida constructed the “chickee” hut. According to the 2004 Florida Building Code, Miccosukee
and Seminole Indians can construct “chickee” huts without the requirement of obtaining a
building permit from the local municipality or governing jurisdiction (please see attached).
However, the Applicant was unaware that the approved site plan for Pod C contained setbacks
for accessory structures. Since the accessory structure is already constructed the Applicant
requests approval of a variance to allow the “chickee” hut to encroach 9 !h inches into required
three-foot side yard setback.
0
SITE LOCATION
Pod C is located in the central portion of the Frenchman’s Reserve PCD and is accessed via
Hood Road. The subject lot is bordered by Lot 10 to the north and Lot 8 to the south. The subject
Lot is bordered to the west by Tract “C” which is platted as preserve and recorded in Palm Beach
County’s Official Records Book (please see attached map). Immediately adjacent to the preserve
is Frenchman’s Reserve Golf Course. The Applicant’s rear property line is approximately 514
feet from the nearest residential home to the west.
REQUEST
The Applicant is requesting a variance to allow a 11 !h inch encroachment into the 3-foot
required side yard setback. This variance will allow the Applicant’s “chickee” hut to remain 2.2
feet from the side property line adjacent to Lot 10. Land Development Regulations (LDRs)
Section 78-1 58 (g), Residential Variances, allows owners of single-family homes within a
Planned Community Development (PCD) to apply for a variance to the applicable PCD
2
Date Prepared: January 12,2008
Meeting Date: February 26,2008
Petition: PVAR-08-01-000005
Front Yard Setback
Side Setback / Zero Lot Line
Accessorv Structure Setback / Zero Lot Line
development standards in-lieu of a development order amendment to the entire pod. 0
~ 22 feet
10 feet / 0 feet
3 feet / 0 feet
DISCUSSION
The Applicant states the proposed location of the “chickee” hut was chosen by the builder during
the sale of the home to the Applicant. The Applicant states that the builder chose the location and
installed the pavers in a design that incorporated the “chickee” hut. Staff notes that the location
of the proposed guesthouse would not negatively impact any neighbors’ view of the golf course
or preserve because the accessory structure measures 16’ by 16’ and is screened from the
adjacent property by a cluster of palms (please see attachedphotos).
The required setbacks for Pod C within the Frenchman’s Reserve PCD are included on the
approved site plan, which is the City’s official record for this pod. The setbacks are as follows:
Reauired Setbacks for Frenchman’s Reserve Pod C
I Rear Setback I 10 feet
VARIANCE CRITERIA
The Applicant has provided a narrative addressing the eight variance criteria (please see attached
narrative). Section 78-53, Variance Requests, provides the following eight (8) criteria with
which the requested variance shall demonstrate compliance:
0
1. Special Conditions. ”Special conditions and circumstances exist which are peculiar to
the land, structure or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district.
The Applicant states that he purchased the subject property because it was 7 feet wider
than the typical lot in Pod C, thus allowing him to construct an accessory structure in his
backyard. It is staff’s opinion that special conditions and circumstances are not
applicable to this lot, therefore, staff does not believe a special condition exists.
2. Hardship. “The special conditions and circumstances truly represent a hardship, and are
not created by any actions of the applicant.”
The Applicant states that the he was under the assumption that the “chickee” hut did not
require a permit and proceeded with the construction of the accessory structure.
Furthermore, the Applicant states that he was informed by the City that the construction
of the hut did not require a building permit. However, the gas and electric service to the
structure did require building permits to be issued. The Applicant obtained permit
approvals from the Building Department .for the gas and electric (please see attached
permits). Although the Applicant was told that the “chickee” hut was exempt from
permitting, staff believes the Applicant should have obtained the required setbacks from
3
Date Prepared: January 12,2008
Meeting Date: February 26,2008
Petition: PVAR-08-01-000005
the Planning & Zoning Division prior to construction of the “chickee” hut. Therefore,
staffdoes not believe a hardship exists.
3. Literal Interpretation. “Literal interpretations of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this chapter and would work unnecessary and undue hardship
on the applicant.”
The literal interpretation of the Land Development Regulations would not deprive the
Applicant any rights commonly enjoyed by other properties in the neighborhood. It is
stafs professional opinion that the “chickee ” hut could be relocated and the required 3-
foot setback maintained. Therefore, the 3-foot setback requirement would not deprive the
applicant any rights commonly enjoyed by others in the neighborhood.
4. Special Privileges. The grant of a variance will not confer upon the applicant any
special privilege denied to any other owner of land, buildings, or other structures located
in the same zoning district.”
Granting the variance would confer upon the applicant special privileges denied to
others in the same neighborhood. As a result, staff’s contends that the variance will
confer a special privilege upon the applicant that could not be expected by others in the
neighborhood.
5. Minimum Variance. “The variance granted is the minimum variance that will make
possible the use of the land, building, or structure.”
As stated previously, it is staff’s professional opinion that the “chickee” hut could be
accommodated if relocated out of the required 3-foot side yard setback. However, staff
does note that the structure has already been constructed and that the requested variance
is the minimum needed.
6. Purpose and Intent. “The grant of the variance will be in harmony with the general
intent and purpose of this chapter and land development regulations.”
The applicant has provided suflcient justijication that the granting of this variance will
be in keeping with the general purpose and intent of the Land Development Regulations.
The variance would allow the applicant to maintain the “chickee” which does not
infringe upon the privacy, views, or general welfare of the adjacent neighbors. In this
case, the intent of the side yard setback for accessory structures could be interpreted to
provide separation from abutting properties and protect views of the golf course and
preserve. As such, it is staff’s professional opinion that the requested variance on the
subject lot is in harmony with the general intent and purpose of the setback regulations.
7. Financial Hardship, “Financial hardship is not to be considered as sufficient evidence of
a hardship in granting a variance.
4
Date Prepared: January 12,2008
Meeting Date: February 26,2008
Petition: PVAR-08-0 1-000005
The applicant has not identijedfinancial hardship as a justifcation for the requested
variance.
8. Public Welfare. "The grant of the variance will not be injurious to the area involved or
otherwise detrimental to public welfare.''
The applicant has provided sufficient justijkation that the requested variance would not
be injurious to the immediate area or detrimental to the public welfare of the current and
future residents of the neighborhood. As stated previously, the requested variance on this
lot does not obstruct views of the golf course or preserve. Staf has not identij?ed any
negative impacts resultingfrom the approval of the requested variance on the subject lot.
STAFF RECOMMENDATION
It is important to note that it is staffs professional opinion that the requested variance will not
pose a negative impact to the community or the adjacent properties. However, staff notes that the
requested variance is not consistent with the criteria included in Section 78-53. In accordance
with Section 78-53, a variance request shall be consistent with all eight criteria. Therefore, staff
recommends denial of Petition No. PVAR-08-01-000005. Staffs recommendation is based upon
the following findings of fact:
1. The special conditions or circumstances identified do not represent a hardship.
2. The literal interpretation of the Land Development Regulations does not deprive the
Applicant of rights commonly enjoyed by other properties in the neighborhood.
3. Granting of the variance will confer special privileges that would be denied to others in
the same neighborhood.
4. The literal interpretation of the Land Development Regulations does not deprive the
Applicant rights commonly enjoyed by other property owners in the neighborhood.
5
~~~
3 17 Charroux Drive Page 1 of 1
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317 Charroux Drive
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http://pbgsgis/webgis/print.do?titleBox=on&title=3 17+Charroux+Drive&scalebarBox=on ... 1 /30/2008
.r 1 CITY OF PALM BEACH GARDENS Permit No.: BLDG-07-06-019949
BUILDING PERMIT
mmunity Services Department
.pbafl.com
Project Name: APN: 524341 31 180000090
Development: Frenchmans Reserve
Project Address: 317 CHARROUX DR Subdivision: CHARROUX
PALM BEACH GARDENS FL 33410
Issue Date: 10/30/2007
Owner's Name: WUNDERLICH ROBERT &
Owner's Addregs:
Contractor's Name: OWNER BUILDER
Contractor's Address:
Phone:
Fax:
Phone:
Fax:
State Licence:
Business Lic:
Permit Type: BUILT-IN BBQ Total Square Footage: 0
Total Fee for Permit: $ 37.00 Project Valuation: 3,600.00
Description: Chickee Hut with Kitchen and seperate outdoor BBQ
To schedule or check the status of inspections,
please visit www.pbgfl.com
Before any building is occupied, it will be necessary to secure a Certificate of Occupancy.
Before building construction is started, approved sanitary facilities for workment shall be provided.
Permits shall become null and void if authorized work is not started within six months of issue date.
**The printing of this statement will be contigent on the Permit Type. If additional conditions are established, they will be provided**
In consideration of the granting of this permit, the owner and builder agree to construct this building in full compliance with the
Building and Zoning Codes of the City of Palm Beach Gardens and further agree that if any question may arise to the meaning of
said codes, that they will accept the Official's interpretation of said codes and all other codes and be governed accordingly.
WARNING TO OWNER:
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
MANDATORY: Post permit and drawings on site
Approved by:
Doug Wise, Building Official
ADMINISTRATION
;
a -
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tbi. use and occupancy of buildings tuwum or panis- ,
a. and by regdating the installation and mrimeMplr ofdl
elecaicrl. gas. nxchanicrl and plumbing spaas. which.
may k refd to as mice ryanr.
10133 Qolrily control Quality control of materials and:
workmanship is not within the puwkw of Ihu co& cxcep
as it relates to the purposej stated huein
101.4 Applbbillty '. 4. .
101.41 GtnemL whac in my specific case. dHud
sections of this code specify differeol marcrid$. melhodr
ofher tcqairuncatl. t#e mw rcstrictiuc
ere thac is acoaflkt between a ped
a specific requirement. the spccifr
rquircment slid1 be applicable.
101.42 Edding. The provisioa of drt Rorhh Building
Codr shall apply 10 the PJWITUCZ~OII, aecdon. oltentlon
modificruioh repair. equipment, use and 0c;cupracy. loa-
tion. maintenance. nmontl and demolition of every pub.
tic and privata building. stnrture a fdlity or hin(
residential snucturc, or any appurtenances ann- or
Nxhcd lo ruch buildlngs. rtrucurm w racllitidh
Additions. dtcmuons. FtDain .nd cbmm ofuse or occu-
-5.r .
pancy pup in a11 buildings and nmiurs ~II compiy
with the provisions provided in Chapter 34 of tbir codc.
The following buildings, smcnxes. and fadliiier ae
exempt fromibe Florida Building Code as provided by
law. and any funher dmptiom shall be as detamhd by
the Lcgislarure and provided by Jaw:
(a)Building and structum specifically rtgdbttd ah!
(b)Railroads and sncillary facilities associated with he
e
preempted by the Federal Govemment.
milroad.
and thu dae; not incorpome any clcctrkil. plumb :
1%. or oh noawocd remum. @
my not adminitwr or dm the Florid0 Buddin8
Codn Bwlfdng to pent the siting of my publicly
uwncd frcility, indudlw, but not limited to. camc.
Ci facilities. juvenile justice facilioes. or rutc uni-
versities, cornmunir). oollega. M public educvlon
facilities. as provided by law.
101d52 In addidon to &e rquiramants of u. 553.79
md 553.80 Florida Statutes. Wlities subject to the
grovlsbm of chapter 395 Florida Stalutes and pan I1 of
chqw 400 Flaidr !hanu &all hnve facility plans
mitwed and consfructkn surveyed by the state
apacy ruthoriztd )O do so unda the requirtmmtr of
the Fcdaal Oovaanrac
101.4.2.3 ResMarlW'3building or mucturu moved
inio or wiihin a cow~y oc municipality shall no1 be
required to be bmu_oht into compli?nce with the stale
minimum building coda in foa at the iim [he build-
cham 395 Florida StrlUrr and pm II of cham Po0
Florida scrtutcr md bre artirrrtion requireman5 of
L' *
FLORIDA BUILaNG CODE - BUILDING 1.1
TOLL BROTHERS POOL PRICE LIST 8/23/2006
........... .......... ........... .......... ...........
........... , ........... ........... .......... ... I....... .......... ...........
AAA CUSTOM POOLS, INC.
Lot: 9 Parcel: C
Subdivision: Frenchman's Reserve
Address: CHARROUX DRIVE
Homeowner: WUNDERLICH
TOLL BROTHERS HOMEOWNERS STANDARDS/ UPGRADES / COLOR SELECTIONS
Standard Pool: Up to 90 linear feet of Pool, 3' to 4'-11" depth, 6" Standard Watehine Tile,
Standard Bullnose Brick Coping, 1 h.p. pump, C-900 filter, lOOW Pool Light, 21 linear feet of
Entry Steps without Tiled Edge, Overflow Line and White Based Expose
TOTAL UPGRADES: $7,200.00
Tile edge of Steps: N/C
6 Deep Sunshelf with tile edge, 3 jets and
umbrella hole $3,600.00
Upgrade to 2.5 HP Pump NIC
Upgrade to D.E. Filter NIC
Concrete pad for future Rock waterfall,
includes 3" piping $3,600.00
TILE SELECTION:
# / COLOR: LTM GINGER
BULLNOSE COPING SELECTION:
# I COLOR: LTM CAMEL
HAND HOLDS SELECTION:
#/COLOR: NIA
DIAMOND BRITE SELECTION:
#I COLOR: White Gem
It is understood that exposed aggregate finishes and application techniques can result in color
variations in tone and appearance. The variation in pool shades should not be considered a
failure. These colors and shade variations are one of the highlights of exposed aggregate
finishes. Exposeiaggregate finishes are not guaranteed regarding color, shading or mottling.
an Automatic Wafer Fill
09.C.xls
Oct 19 06 11 :46a Leslie 81 3 . 7-9606 P.3
SE?JlldOLE TRIBE OF FLORIDA
I ENROLLMENT NUMBER
Joe Dan Osceola .
M0692
E331 Green St
Hoflywood, FL 33024
*\ .
/
4
1
k
3'
2' ZLL.
5 05"03'$3' E
--.------- -
------
ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD
OF THE CITY OF PALM BEACH GARDENS 0
PETITION NUMBER PVAR-08-01-000005
IN RE:
317 CHARROUX DRIVE
LEGAL DESCRIPTION:
LOT 9, OF FRENCHMAN’S RESERVE POD C, COUNTY OF PALM BEACH,
STATE OF FLORIDA, AS RECORDED IN PLAT BOOK 105, PAGES 25
THROUGH 27, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA.
ORDER APPROVING VARIANCE
THIS CAUSE came on to be heard upon the above application, and the City of Palm
Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and
other evidence presented by the applicant, city staff, members of the public and other
interested persons at a hearing called and properly noticed, hereby makes the following
findings of fact:
0
1. The public hearing was properly noticed in accordance with Section 78-54 of the
City’s Land Development Regulations.
2. The property which is the subject of said application has a required 3-fOOt accessory
structure side yard setback pursuant to the Frenchman’s Reserve Planned Community
Development (PCD) Pod C Site Plan Approval, made a part thereof by reference.
3. In accordance with Section 78-158 (8) of the Land Development Regulations,
variance requests from the applicable PCD development stmdard(s) are allowed for single-
fam i I y homes.
4. This applicant seeks a Variance pursuant to the City’s Land Development
Regulations.
5. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board 0 has the right, power and authority to act upon the application herein made.
6. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines
that the requested variance from the minimum rear setback standard meets the criteria set
forth in Section 78-53 (b) of the City’s Land Development Regulations:
a) Special Conditions and circuinslances exist;
b) A Hardship exists from circumstance not the result of actions of the applicant;
c) Literal Interpretation would constitute an unnecessary and undue hardship;
d) No Special Privilege conferred;
e) Minimum Variance;
f) In harmony with the Purpose and Intent of the Land Development Regulations;
g) Variance not a result of a Financial Hardship;
h) Not detrimental to public welfare.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of
Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: 0
1. The application for Variance, Petition PVAR-08-01-000005, with reference to the
above-described property in the City of Palm Beach Gardens, Florida, is hereby approved
to permit the following:
A variance from the established minimum accessory structure side yard setback to allow a
“chickee” hut to be located at the northwest corner of said lot that extends 9 ‘/2 inches into
the side yard setback. This variance approval shall be in accordance with the survey
prepared by Paul E. Brewer & Associates, Inc., dated Septqmber 5, 2006, which is attached
hereto and incorporated herein.
2.
The decision has been based upon our opinion that the additional area needed to effectively
and safely build a “chickee” hut creates a special condition or hardship. This decision
would not confer upon the applicant a special privilege through the literal interpretation of
the Code. It is also our opinion that this request is the minimum variance needed, and is in
hannony with the Purpose and Intent of the Land Development ReRulations. Furthermore,
The reasons in support of the variance are as follows:
0
we believe this variance is not based on financial hardship and would not be a detriment to
the public welfare.
DONE AND ORDERED this 26th day of February 2008.
Chair Mr. Craig Kunkle
Planning, Zoning, and Appeals Board
City of Palm Beach Gardens
ATTEST BY:
Debbie Andrea 0 Recording Secretary
ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD
OF THE CITY OF PALM BEACH GARDENS 0
PETITION NUMBER PVAR-08-01-000005
IN RE:
31 7 CHARROUX DRIVE
LEGAL DESCRIPTION:
LOT 9, OF FRENCHMAN’S RESERVE POD C, COUNTY OF PALM BEACH,
STATE OF FLORIDA, AS RECORDED IN PLAT BOOK 105, PAGES 25
THROUGH 27, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA.
ORDER DENYING VARIANCE
THIS CAUSE came on to be heard upon the above application, and the City of Palm
Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and
other evidence presented by the applicant, city staff, members of the public and other
interested persons at a hearing called and properly noticed, hereby makes the following
findings of fact:
0
1. The public hearing was properly noticed in accordance with Section 78-54 of the
City’s Land Development Regulations.
2. The property which is the subject of said application has a required 10-foot rear
setback pursuant to the Frenchman’s Creek Planned Community Development (PCD) Pod
E-Five Site Plan Approval, made a part thereof by reference.
3. In accordance with Section 78-158 (g) of the Land Development Regulations,
variance requests from the applicable PCD development standard(s) are allowed for single-
family homes.
4. This applicant seeks a Variance pursuant to the City’s Land Development
Regulations.
5. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board 0 has the right, power and authority to act upon the application herein made.
6. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines
that the requested variance from the minimum rear setback standard does not meet the
criteria set forth in Section 78-53 (b) of the City’s Land Development Regulations:
a) Special Conditions and circumstances exist;
b) A Hardship exists from circumstance not the result of actions of the applicant;
c) Literal Interpretation would constitute an unnecessary and undue hardship;
d) No Special Privilege conferred;
e) Minimum Variance;
f) In harmony with the Purpose and Intent of the Land Development Regulations;
g) Variance not a result of a Financial Hardship;
h) Not detrimental to public welfare.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of
Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: 0
1. The application for Variance, Petition PVAR-08-01-000005, with reference to the
above-described property in the City of Palm Beach Gardens, Florida, is hereby denied to
permit the following:
A variance from the established minimum accessory structure side yard setback to allow a
“chickee” hut to be located at the northwest corner of said lot that extends 9 1/2 inches into
the side yard setback. This variance approval shall be in accordance with the survey
prepared by Paul E. Brewer & Associates, Inc., dated September 5, 2006, which is attached
hereto and incorporated herein.
2.
The decision has been based upon our opinion that the additional area needed to effectively
and safely build a guesthouse does not create a special condition or hardship. This decision
would confer upon the applicant a special privilege through the literal interpretation of the
Code. It is also our opinion that this request is neither the minimum variance needed, nor is
it in harmony with the Purpose and Intent of the Land Development Regulations.
The reasons for the denial of this variance are as follows:
DONE AND ORDERED this 26th day of February 2008.
Chair Mr. Craig Kunkle
Planning, Zoning, and Appeals Board
City of Palm Beach Gardens
ATTEST BY:
Debbie Andrea
Recording Secretary
Narrative for Variance Criteria Provided by R. Wunderlich
1. Special Conditions. The lot I purchased is 7 feet wider than the standard lot in my
pod. I purchased this lot so I would have the ability to have a chickee hut on the back
side of my house.
2. Hardship. When I contracted with the developer to purchase my home they charged
me extra for electricity and cable to a future tiki hut. The developer refused to actually
build the chickee hut becuse they are not able to. They did however place the pavers
where the hut should go and ran the electric and cable wires to the middle of the paver
pad. They also had their pool company give me the number of a company that builds
chickee huts. After contracting with the company the developers pool
company suggested and being told my such company that a permit is not needed for this
chickee hut because they are Seminole Indians. Before construction started I went down
to the city to verify that a permit was not needed. I was informed my the city that the
chicltee hut did not need a permit but I did need one for the bar that was planned for the
inside of the hut.1 then applied for the bar permit and preceeded with the hut. After the
hut was cons rtucted I was called by the city that they needed a letter from the Seminole
Indian cheif that they constructed the chickee hut and I would be granted the final
permit.1 supplied the letter. I was later told that there is a 3 foot side easement and the
hut is 9 inches inside the easement. I trusted the developer who placed the pad for the
hut and the city who told me before it was built that I did not need a permit before it was
ever built. Only later to be told by the city they made a mistake.
3. Literal Interpretation
It would not have been a problem building the hut g'inches over if I was given the
proper info. With that being said the chicltee hut does not in anyway effect my neighbors
view of the golf course.
4. Special Privileges.
The developer in this community has already been granted atleast 2 variances, one for
building a house 8 1/2 inches too close to the street and also for building privacy walls to
high on a entire street. They where forced to give a donation to the parks dept. in order
to get that variance.
5. Minimum variance
The minimum variance I need is just under 1 foot. The chicltee hut is already in place.
This leaves more than 2 feet of setback remaining.
6. Purpose and Intent
I did not purposely or intently build the chicltee hut 9 inches into the set back. Instead I
trusted where the develop placed the pad and wires and also went to the city to make
sure I did not need a permit.
7. Financial Hardship
Financial hardship is not identified with this petition.
8. Public welfare.
The hut does not obstruct the view of the golf course, It is very hard to see from the golf
course as it is surrounded by palm trees.
CITY - OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Reaues t :
- Planned Community Development (PCD)
- Planned Unit Development (PUD)
- Amendment to PCD, PUD or Site Plan
- Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval
- Administrative Appeal
r Project Name: FlP &&n., c YW 3
- Annexation
- Rezoning
- Site Plan Review
- Concurrency Certificate
- Time Extension
- Miscellaneous
&Other &7 itkn .%&\ qA&-
Date Submitted:
la-+ ?,a4 Pd c
Applicant’s Address: - Telephone No. 56 1 -&$a\-- 789 ‘7 - - Agent:
Contact Person: .- E-Mail: hfrkp !&& ,kAb& -&
c Agent’s Mailing Address:
- Fax umber: Agent’s Telephone Number: N -
FOR OFFICE USE ONLY I
Petition Number: @blT &- b,.. b<
Fees Received
Date & Time Received:
I Application $ Engineering $
Receipt Number:
I
1
Architect: Aone Number:
Engineer: Phone Number:
Planner: Phone Number:
Landscape Arc6 Phone Number:
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location: Lot & bd, cd m ctQncb5 '@?-ha r r
Address: -? 1.1 ?b ,ry-oii'rl b r'i qt~
Township: fq\ Range: 43 Section: 31
Property Control Number(s): SA433 \31 rYo(30OoqC)
/
Acreage: L!) x lqO ' Current Zoning: QCh / RC 3 Requested Zoning: 1
Base Flood Elevation (BFE) - to be indicated on site plan Floodzone
Current Comprehensive Plan Land Use Designation:
4 Existing Land Use: bs , Requested Land Use:
Proposed Use(s) i.e. hotel, single family residence, etc.:
Proposed Square Footage by Use: 4 do0 -# exisitsv,q bo nye,
.~o+ s;de %&ack ~r ha. s+wc~As
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
Drop@ \b I'x 16 / I*(-) -kin4 Q Ir ;- + 1'
2
Justification
0 Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
2. What will be the impact of the proposed change on the surrounding area?
3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements
of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
3
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-301 ) Land Development Regulations)?
5. How will the proposed project comply with City requirements
261, Land Development Regulations)?
for Art in Public Places (Chapter
h\ I
0 6. Has project received concurrency certification?
f& -
Date received:
Legal Description of the Sqbiect Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately mile(s) from the intersection of
, on the north )- east, -south 7- west side of - P
78-
(streethoad). 0
4
Statement of Ownership and Designation of Authorized Agent
Before me, the undersigned authority, personally appeared
who, being by me first duly sworn, on oath deposed and says:
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
City of Palm Beach Gardens, Florida.
3. That he/she has appointed to act
Street Address City, State, Zip Code
PPBox City, State, Zip Code
Fax Number
- E-maic Address
Sworn and subscribed before me this day of ,
My Commission expires:
Notary Public
5
Applicant’s Certification
We affirm and certify that Vwe understand and will comply with the land development regulations of 0 the City of Palm Beach Gardens, Florida. VWE further certify that the statements or diagrams made on
any paper or plans submitted herewith are true to the best of mylour knowledge and belief. Further,
Vwe understand that this application, attachments, and application filing fees become a part of the
official records of the City of Pal
Applicant is:
$igT)ature of Applicpnt A
+Owner
- Optionee
- Lessee
- Agent
Print Name of Applicant ~
I
City, - State, Zip Code
Telephone Number \
6
Joel Kaminester
155 1 North Flagler Drive, LPHOl
West Palm Beach, FL 33401
February 4,2008
Dear City of Palm Beach Gardens,
Please be advised that I am currently under contract to purchase a home in Frenchman’s
Reserve, located at 3 19 Charroux Drive. All negotiations of the terms of the contract have
been handled directly by Toll Brothers, Inc. as seller of the above subject property. Per
the contract of sale, the closing is scheduled for March 7,2008.
During the course of negotiations, I was advised by Toll Brothers, Inc. or its apparent
representatives, that a “Tiki Hut” belonging to the owner of 3 17 Charroux Drive, Bobby
Wunderlich, encroaches on a 3-foot City easement in between the two homes.
Specifically, it was indicated to me by Toll Brothers, Inc, or its apparent representative,
that the Tiki-Hut extends 1.5 feet into said City easement, but does not otherwise infringe
or impact my intended property legal or equitable rights. As such, I understand that Mr.
Wunderlich has applied for a variance from the City with respect to the Tiki Hut.
In this regards, and based upon the information and advise received from Toll Brothers,
Inc., I do not have any objection to the variance requested. Should you need to discuss
this matter further, please contact me directly at 56 1-779- 10 10.
0
Regards,
”Sel Kaminester
, :
I-
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Planning, Zoning, and Appeals Board Members
DATE: February 21,2008
Richard J. Marrero, Senior Planner FROM:
SUBJECT: Steedechase Research & Office Center
@q
Please be advised that there is no staff report associated with
the Steeplechase Research & Office Center. However, the site plan
amendment will be presented by the applicant at a workshop during
the February 26, 2008, PZAB meeting. The 3.7i-acre parcel of land is
located at the northeast corner of the Steeplechase Drive and Beeline
Highway. Staff will be present to answer any questions that the PZAB
may have. Please contact Richard Marrero, Planner, at 799-4219 if
you have any questions or require additional information.
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD-07-06-000015
SUBJECT/AGENDA ITEM
PPUD-07-06-000015: Riverside Self-storage - Rezoning to Planned Unit Development
Overlay, Major Conditional Use, and Site Plan Approval
Public Hearing & Recommendation to City Council: A request by Mr. Terry Lessard of Brewer
Architecture, on behalf of Riverside Storage, LLC, for rezoning from Light Industrial (M-1A) to a
Planned Unit Development (PUD) Overlay with underlying M-1A zoning district, a major
conditional use, and a site plan approval to allow the development of a four-story, 77,660 s.f. self-
service storage building to be known as the “Riverside Self-storage.” The approximately one-acre
parcel of land is located at 10300 Riverside Drive, approximately one-quarter mile south of the
intersection of Riverside Drive and Burns Road.
[
[ X ] Recommendation: DENIAL
] Recommendation: APPROVAL with two waivers and conditions
Reviewed by:
City Attorney:
Christine P. Tatum
Development Compliance:
-- gc-
Bahareh K. Wolfs, AICP
Planning Manager:
&A!L o son.AICP
Growth Management
Karabrwin, AICP
Approved By.
City Manager:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Manag
Planner
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: Feb. 15, 2008 .
Paper: Palm Beach Post
[XI Required
[ 3 NotRequired
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
Tresha Thomas
Fees Paid: [ /]
Date:
Budget Acct.#:
NIA
PZAB Action:
[ 3 Rec. approval
[ ] Rec. app. wl conds.
[ 3 Kec. Denial
[XI Public Workshop
[ 3 Continued to:
Held: Nov. 13, 2007
Attachments:
Applicant’s
Narratives
Conditional Use
Criteria & Staff
Analysis
Citizen Letters (2)
DRCComments
Traffic Statement
Plans
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
East
SCP Distributors, LLC - Industrial Building
The Esther Center - Industrial Building
West
Riverside Drive (R.O.W. Width - 60 feet), then
BACKGROUND
Light Industrial (M- 1 A) Industrial (I)
Light Industrial (M-1 A) Industrial (I)
The site is located at 10300 Riverside Drive and existed at the time of adoption of the City Charter
in 1959. The most recent use of the vacant building on the site was a printing company housed in
the existing single-story block building with associated parking areas.
and
Residential Low Density- 3
(RL-3)
City Linear Park (Approx. Width - 24 feet), then
Thompson RiverKanal (R.O.W. Width 100 feet),
then Plat 5 Single Family Residential
LAND USE & ZONING
and
Residential Low
(RL)
The land-use designation of the site as shown on the City’s Future Land Use Map is Industrial (I).
The site currently has a zoning designation of Light Industrial (M-1A). The applicant is requesting
approval of a rezoning to a Planned Unit Development (PUD) Overlay with the same underlying
zoning of Light Industrial (M- 1 A).
ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS
ction - Industrial Light Industrial (M-1 A)
Neighborhood I I
TRAFFIC CONCURRENCY
On January 25, 2007, traffic concurrency for the Riverside Self-storage building was approved by
Palm Beach County Engineering for 78,720 square feet of self-storage use. (See attachment).
Following submittal of a revised traffic statement, the City’s traffic consultants, McMahon
Associates, Inc., issued a letter dated August 31,2007, stating that the project can be approved with
a build-out date of 201 0, based on the insignificant impact on the surrounding roadway network.
PROJECT DETAILS
The current petition proposes that the existing vacant 5,969 square-foot building be demolished and
2
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
the site redeveloped as a four-story, 48-foot tall, self-storage facility, with a total building area of 0 77,660 square feet. The facility will feature 24-hour video security monitoring of both the interior
and exterior areas.
Architecture
The proposed four-story building will consist of painted concrete tilt-up construction, with a raised
parapet roof, arch treatments, and the use of fabric awnings. The architecture is compatible with the
Gardens Commerce Center to the north and other recently approved industrial and office buildings.
Landscaping
The landscaping is dominated by Live Oaks, Silver Buttonwoods, and Washingtonian Palms. The
landscape plans exceed the minimum required landscape points. Specifically, the project is required
to have 1,837 points, and the applicant has provided a total of 3,242 points throughout the site. In
addition, the applicant has provided 32% open space which exceeds 15% as required by Code. Also,
Section 78-3 19 of the City Code requires 8-foot landscape buffers around the perimeter of a parcel
and 15-foot landscape buffers on lands located adjacent to public street rights-of-way. The
proposed site plan meets these requirements.
The applicant is requesting a waiver from Section 78-320(a)(4)b.l., which states the foundation
planting area for a building of two (2) or more stories shall be not less than 30 percent of the height
of the adjacent wall. The adjacent wall is 44 feet in height; therefore, the foundation landscaping is
required to be 13.2 feet wide. The applicant has provided an average foundation landscaping width
of 12.6 feet and is requesting a waiver of 7 inches (0.6 foot). Because the amount of open space and
landscaping on the site has been substantially increased beyond Code requirements, staff supports
this waiver request
Parking
Per City Code, the proposed self-storage facility use requires 12 spaces, and 12 spaces are provided
on the site plan. Specifically, the approved uses require:
Signage
The applicant is proposing one wall sign on the east elevation of the building which will meet City
requirements for signage for a principal structure. Sign details will be required prior to scheduling
for City Council. No ground sign is proposed since the site does not meet the required 300 feet of
right-of-way frontage.
3
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
Provided
CPTED Compliance
-1 Waiver Recornmenda tion
Crime Prevention through Environmental Design (CPTED) is a branch of situational crime
prevention that maintains the basic premise that the physical environment can be designed or
managed to produce behavioral effects that will reduce the incident and fear of crime. The Police
Department has reviewed the site plan for the subject property, and has provided staff with several
comments pertaining to security on site and adherence to the CPTED principles. These comments
will be included in the development order as conditions of approval.
Section 78-320,
Foundation
landscaping and
plantings
Section 78-153,
Table 12:
Property
Development
Regulations
CONDITIONAL USE ANALYSIS
Average width of 13.2 feet
(Minimum width of 30% of Average width Average 7 inches
the height of the adjacent 44-
foot high walls)
5 Acres -
Zoning District
Approval (1) of 12.6 feet (0.6 foot)
Minimum Site Area, M- 1 A 1.1 acre 3.9 acres Approval (2)
Attached is a Conditional Use Analysis provided by the applicant in accordance with Section 78-52,
Conditional Uses, (d) Criteria, of the Land Development Regulations (see attached Code excerpt).
Also attached is Staffs analysis which concludes that the proposed four-story, self-storage facility
does meet Conditional Use Criteria, Section 78-52(d), subsections (5)i. Visual impact, (9)
Compatibility, and (12) Adverse impact. The proposed project would not be visually compatible
with the single-family development located approximately 200 feet west of the site or consistent
with the adjacent one- and two-story industrial development.
Staff, therefore, is recommending modifications to the height of the proposed structure to lessen the
visual impact on the residential zoning district to the west of the project and to be more compatible
with existing industrial development along Riverside Drive.
WAIVER REQUESTS
The applicant is requesting two waivers regarding the width of the foundation landscaping and the
minimum site area (please see attached waiver justifications):
Code Section Required
(1) Applicant’s Justification: The applicant is requesting a waiver from the requirement that
foundation plantings be a minimum width of 30% of the height of the adjacent wall of the
building. In this circumstance, that would equal foundation plantings averaging 13.2 feet in
width. However, the applicant is only able to provide foundation plantings averaging a
width of 12.6 feet due to the location of utilities along the southern property line. The
applicant notes that they are providing over double the amount of total required foundation
landscaping. Specifically, the Code requires a foundation planting area of 3,173 square feet,
4
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
while the applicant has provided a total of 6,525 square feet of foundation planting area.
Staffs Recommendation: Staff notes the relatively small difference between the required
foundation planting width, and what has been provided (7 inches). The overall total
foundation planting area is considerably greater than required by Code, plus a sidewalk and
roadway beautification landscaping have also been provided. Staff, therefore, agrees with
the applicant’s justification and recommends APPROVAL of this waiver request,
(2) Applicant’s Justification: The approximately 1.1 acre site was in existence at time of the
City’s incorporation and is, therefore, unable to meet all of the current City Code
requirements for property development. In order to redevelop the depressed site, it is
necessary to provide vertical rather than horizontal construction.
Staffs Recommendation: Staff agrees that the existing lot size cannot meet the minimum
site area of five (5) acres as required in Table 12 of Section 78-153, Land Development
Regulations. However, Section 78-154(g)(7) allows industrial uses to be developed as a
Planned Unit Development provided the minimum lot size is one (1) acre. Therefore, staff
recommends APPROVAL of this waiver request.
PLANNING, ZONING, AND APPEALS BOARD
An advertised Public Workshop meeting was held on November 13,2007, by the Planning, Zoning,
and Appeals Board. Some Board members commented that the building size was too large for the
neighborhood. It was noted that the architecture was well done and was similar to other buildings
reviewed recently such as the schools and public library. It was suggested that the four stories
might be tiered; Le., each story setback from the story beneath it. One Commissioner commented
that the proposed storage facility will have the least impact of all the other uses allowed in this
Light Industrial (M-1 A) zoning district.
PUBLIC COMMENTS
At the Public Workshop meeting held on November 13, 2007, by the Planning, Zoning, and
Appeals Board, several residents from Dogwood Avenue within Plat 5 spoke in opposition to the
project. They believed the building would be too tall and would be visible from their properties.
They also believed it would be out of character with the older existing buildings in the community.
They were also concerned about possible noise from delivery trucks, lighting emanating from the
site, and a possible increase in crime. It was also believed that the safety of children might be
compromised.
In addition, attached are two letters received from residents on Dogwood Avenue and Daphne
Avenue who state they are opposed to the proposed construction and the rezoning.
5
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
DEVELOPMENT REVIEW COMMITTEE CONDITIONS OF APPROVAL 0
Planning and Zoning
1. Prior to issuance of the first building permit, the Applicant shall comply with Section 78-262 of
the City Code relative to Art in Public Places. The Applicant shall provide art on site or make a
payment in lieu thereof. The Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the Applicant is providing
public art on site, the art shall be installed prior to the issuance of the first Certificate of
Occupancy, or as determined by the application for approval of the art. (City Forester)
2. Prior to the issuance of the first building permit, the property shall be platted. (Planning &
Zoning)
3. Prior to issuance of first building permit for vertical construction, the Applicant shall install a six-
foot tall construction fence with a privacy tarp around the entire property line. (Planning & Zoning)
Landscaping
4. Prior to scheduling the petition for City Council the Applicant shall provide a disc containing
digital CAD files which verify the open space and sod percentages. (City Forester)
5. Prior to scheduling the petition for City Council the Applicant shall revise both the site plan and
landscape plans to clearly indicate that the sewer line is located so as not to disrupt foundation
landscaping. (City Forester)
0
6. Prior to the issuance of the Certificate of Occupancy, the Applicant, successors and assigns shall
install landscaping and irrigation according to the approved plan along the Riverside Drive road
shoulder. (City Forester)
7. The Applicant, successors and assigns shall maintain the landscaping and irrigation along the
Riverside Drive road shoulder from the northern property terminus to the southern property
terminus. (City Forester)
8. Prior to the issuance of any building permit, the Applicant shall plat the property. (City Forester)
9. Prior to issuance of Certificate of Occupancy, the Applicant shall preserve and relocate a
minimum of 10 out of the 29 Sabal Palms identified on the landscape plan as being removed.
These 10 may be used on site for the 10 called for on the plan, or donated to the City to be
relocated to a public area at no expense to the City. This is in addition to the 12 Sabal Palms to
be maintained along the eastern property line. (City Forester)
10. All utilities on site, including SUA valves and FP&L equipment, shall be screened from public
view with landscaping. (City Forester)
6
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015 e Enpineering
11. Applicant shall copy to the City all permit applications, permits, certifications and approvals.
(City Engineer)
12. Applicant shall provide all necessary construction zone signage and fencing as required by the
City Engineer. (City Engineer)
13. Prior to construction plan approval and the issuance of the first land alteration permit applicant
shall provide a cost estimate for the project, including public infrastructure and all landscaping
and irrigation costs for review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect registered in the state
of Florida. Surety will be based on 110% of the total combined approved cost estimates and
shall be posted with the City, prior to the issuance of the first building permit. In accordance
with Section 78-309 & 78-461 of the LDR. (City Engineer)
14. Prior to issuance of the first land alteration permit, the applicant shall prepare a plat, which shall
be approved by the City and recorded. (City Engineer)
15. Prior to construction plan approval and the issuance of the first land alteration permit, applicant
shall provide cost estimates in accordance with LDR Section 78-309 and 78-461 and for on-site
project improvements, not including public infrastructure, or landscaping and irrigation costs for
review and approval by the City. The cost estimates shall be signed and sealed by an engineer
and 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)
16. The construction, operation and/or maintenance of any elements of the subject project shall not
have any negative impacts on the existing drainage of surrounding areas. If, at any time during
the project development, it is determined by the City 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 a manner acceptable to the City prior
to additional construction activities. (City Engineer)
17. Prior to issuance of the first land alteration permit, applicant shall submit signed/sealed/dated
construction plans (pavindgradinddrainage and waterhewer) and all pertinent calculations for
review and comment. (City Engineer)
18. Applicant shall comply with any and all Palm Beach County Traffic Division conditions as
outlined in PBC Traffic Division equivalency and concurrency approval letters dated January
25, 2007, and August 3 1,2007. (City Engineer)
19. Prior to construction plan approval and the issuance of the first land alteration permit, applicant
shall schedule a pre-permit meeting with City staff. (City Engineer)
7
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
20. Prior to the issuance of the first land alteration permit the applicant shall provide to the City
letters of authorization from the applicable utility companies allowing landscaping and light
poles to be placed within the utility easements. (City Engineer)
0
21. Applicant shall notify the City’s Public Works Division at least 10 working days prior to the
commencement of any workkonstruction activity within any public right-of-way within the City
of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at least five
working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the
Building Division. Failure to comply with this condition could result in a Stop Work Order of
all workhonstruction activity within the public right-of-way and the subject development site.
(Public Works)
Police
22.
23.
24.
25.
Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed.
All exterior pedestrian walkway lighting shall utilize 12-foot pedestrian scale light poles,
and all on-site lighting shall consist of metal halide or equivalent lighting approved by the
Police Department and, shall not conflict with planted landscaping. The luminaire type should
optimize light distribution and minimize glare and up lighting. (Police Department)
Landscaping shall not obstruct the view from windows or walkways. Ground cover should
not exceed 24” in height, and high branched trees should be trimmed to seven feet. (Police
Department)
Prior to the issuance of the first Certificate of Occupancy for the Riverside Self Storage
building, the Applicant shall provide photocell sensor engaged lighting, “dusk to dawn”,
above or near entryways, on all four sides of building and adjacent sidewalks for said
building. (Police Department)
Prior to the issuance of the first Certificate of Occupancy for the Riverside Self Storage
building all entry doors (non-glass single/double) shall be equipped with astragal over the
threshold of the locking mechanism and case hardened deadbolt locks shall be provided on
all exteriodinterior doors with a minimum one (1) inch throw or mechanical interlock..
Doors secured by electrical operation shall have a keyed-switch or signal locking device to
open the door when in the locked position. Exterior doors should have a holding force of at
least 10001bs. Door hinges shall employ non- removable hinges, and the main entries to the
building shall be wired for closed-circuit digital camera surveillance system. (Police
Department)
26. Prior to the issuance of the first building permit, the Applicant shall submit a construction
site security and management plan for review and approval by the Police Department. Non-
compliance with the approved security and management plan may result in a stop-work
order. (Police Department)
a. The developer/project manager after site clearing and placement of construction
trailers shall institute security measures to reduce or eliminate opportunities for theft.
8
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
The management plan shall include, but not be limited to, temporary lighting,
security personnel, vehicle barriers, constructionhisitor pass, reduce/minimize
entry/exit points, encourage sub contractors to secure machinery, tools at end of
work day and/or any other measure deemed appropriate to provide a safe and secure
working environment.
b. The security management plan shall be maintained throughout the construction
phase of the project. Non-compliance with the approved plan shall result in a stop-
work order for the entire planned unit development.
27. Prior to the issuance of the first Certificate of Occupancy for the building, all numerical
addresses shall be placed at the front and rear of each building. Each numerical address
shall be illuminated for nighttime visibility, with an unintermptible A.C. power source, shall
consist of twelve (12) inch high numbers, and shall be a different color than the color of the
surface to which it is attached. The rear door(s) of the building shall have an illuminated 6
inch number on or along side the door. (Police Department)
28. Prior to the issuance of the first Certificate of Occupancy, buildings with a total square footage
of at least 10,000 square feet shall have roof top numbers placed parallel to the addressed
street, only visible from the air. The numerals should be blocked lettered, weather resistant
material, four feet in height and 18 inches wide. (Police Department)
29. The Applicant shall ensure there is natural surveillance of the site by incorporating the
following techques into the site and landscape design.
a. Provide landscaping that does not create hiding spaces.
b. Provide clearly marked transitional zones that indicate movement from public to semi-
public through use of brick pavers.
c. Windows and exterior doors should be visible from parking area.
d. If practical, designate separate parking area for employees
e. Parking areas should be visible from windows not blocked by landscaping.
f. Allow shrubbery to be no more than two feet high for clear visibility in vulnerable
areas.
30. The Applicant shall target harden all structures, to include but not limited to:
a. Building shall be wired for an alarm system.
b. Doors shall be equipped with metal plate over thresh- hold of the locking mechanism.
c. Interior doors to offices shall have 1 SO-degree peephole viewers or a vision panel.
9
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
d.
e.
f.
g.
h.
1.
j.
k.
1.
Case hardened commercial grade dead bolt locks shall be installed on all exterior doors with
minimum of one inch throw into the strike receiving the bolt. The cylinder shall have a
cylinder guard and a minimum of five-pin tumblers.
Door hinges shall be installed on interior side of door or non -removable
hinge pins or a mechanical interlock to preclude removal of door from the exterior.
Doors secured by electrical operation shall have a keyed-switch to open the door when in a
closed position, or by a signal locking device.
Glazing in interior doors, or 40 inches within of any locking device shall be rated burglary
resistant glazing.
Enhance natural surveillance of restrooms by placing them in central areas and install maze
entrances; avoid double door entry systems.
It is strongly recommended a digital CCTV system be installed to monitor all vehicle and
pedestrian activity including loading docks.
Bicycle racks should be placed in close proximity to buildings and not within parking lots.
All hatchway openings to roof shall be secured from inside with a slide bolt or slide bars.
Outside hinges shall be equipped with non-removable pins.
Exteriorhnterior pedestrian doors which provide access into parking lots shall be solid core
with burglary rated vision panels and where applicable emergency doors shall have no
exterior handles. Panic hardware shall have self locking mechanism, may have one locking
point and shall have a protective astragal attached to the exterior of the door.
m. Loading dock doors should have two lock receiving points; if slide bolts are utilized they
should have a minimum Y.” bolt diameter and protrude at least 1-1/2” into the receiving
guide.
n. Digital Video Recording system shall be installed, mounted cameras in industrial housing,
shall be placed to record coming and going of tenants, placed at elevator doors, all egress
and ingress points and hallways on each level of structure.
0. Each self storage unit shall be alarmed; use of access code disarms their unit alarm and
records the time and date. Wireless systems are more difficult to detect require less
maintenance. Utilize cylinder or disc locks rather than traditional pad locks.
p. Interior hallways need to have ample lighting eliminating dark corners, should consider
intercom system for added safety.
q. Limit access to facility from 5am-9pm to deter criminal activity.
10
Date Prepared: January 29,2008
Meeting Date: February 26,2008
Petition: PPUD 07-06-000015
r. Utilize customer screening system, including background checks and driver license photo.
WWW.investigative.net or similar sites provide users free public records searches.
s. Elevator shall have shatter resistant reflective material so placed as to make interior of cab
visible to users before entering elevator.
t. Stairwells shall have shatter resistant convex mirrors at each landing and enclose or restrict
access to areas beneath stairway at ground level.
Miscellaneous
31. Required digital files of the approved plat shall be submitted to the Planning and Zoning
Division prior to the issuance of the first Certificate of Occupancy, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the first
Certificate of Occupancy. (GIs Manager, Development Compliance Office).
STAFF RECOMMENDATION
Staff recommends APPROVAL of the request for rezoning to a Planned Unit Development Overlay
of the existing M-1A Light Industrial zoning designation. The majority, if not all, of the parcels
within the M-1A Light Industrial Zoning District along Riverside Drive are older, existing non-
conforming parcels and are, therefore, less than the five (5) acres required by today’s City Code.
Staff has no objection to the request for rezoning to a Planned Unit Development Overlay with the 0 same M- 1A Light Industrial zoning designation.
Staff recommends DENIAL of the Conditional Use and Site Plan because in staffs professional
opinion the project does not meet the Conditional Use Criteria, Section 78-52(d), subsections (5)i.
Visual impact, (9) Compatibility, and (1 2) Adverse impact.
jh/case files/Riverside Self StorageKtaff Report Riverside pzab PH rec to CC.doc 0
11
ARCHITECTURE
85 S.E. 4TH AVENUE
DELRAY BEACH, FL 33483
PHONE: 561,272.7301
BREWERARCHITECTURE.COM
FAX: 561.272.372\2
June 20, 2007
City of Palm Beach Gardens
Planning 6 Zoning Department
Subject: Riverside Self Storage Conditional Use
Riverside Self Storaae
1. Riverside Self Storage, LLC., is requesting approval for Planned Unit Development to
facilitate the redevelopment of the industrial zoned area. The one acre site, along with the
.11 acre adjacent parcel (the "Property") is generally located south of Burns Road along the
east side of Riverside drive.
he property is currently improved with a dilapidated and abandoned single story block
building and associated supporhg parking areas. The applicant proposes redevelopment
of the property with a four story self storage facility and all required access roads and
parking facilities to support the proposed new facility. The proposed redevelopment will
further enhance and compliment the list of approved projects that are part of the
revitalization that is currently tgking place along Riverside Drive in the M-1-A zoning
district.
The proposed PUD overlay will facilitate the redevelopment of the Property and will allow
a use that is consistent with the existing use designation and zoning district and is
consistent with the City's vision and obJectives of the Comprehensive Plan as outlined by
several examples listed below:
0
0
0
To Create Pathway Linkages - A 5' wide, heavily landscaped meandering sidewalk
has been provided to cornpllrnent the vision of the plan.
To Create A Sense Of Identity - Thrwgh the use of specific planting materials,
building colors that correspond with the current pallet of colors on newly approved
projects, and the incorporation of many architectural features that occur throughout
the surrounding communities.
e To Attain A Low Rr
proper lighting, no outside storage, twenty four hour video monitoring of all interiors
as well as the exterior, fully fire sprinkled building with full time monitoring for heat
and smoke of all interior areas, monitored alarm system and additional measures to
insure that this facility will not require a increased level of service by law
enforcement and fire protection services.
0 To Encourage 5pecific Types of Development - The proposed self storage
represents the least Invasive, most mhlmal Impact of any type of business that is
currently allowed in the M-1-A zoning district. The extensive streetscape of
landscaping and artwork of the proposed facility will further compliment this
objective.
0 To Retain Existing Quali-ty Businesses, And Expand - The owners, Keating- Moore
Construction, have been based in Palm Beach Gardens for over 25 years, and
have every Intention of remaining in Palm Beach Gardens, a5 evidenced by this
proposed investment in the community.
0 To Encourage Redevelopment Of Distressed Properties - The existing structure
was built in 1970 and is vacant, and even if it were to be repaired, would not be an
improvement. The proposed redevelopment will redevelop a dilapidated and
abandoned single story Industrial building, and replace it with a new self storage
faclllty that will further enhance and compliment the list of approved projects that
are part of the revltallzatlon that Is currently taklng place along Rlverslde Drive.
iirement For Any Level Of 5er ;e - Through the use of
. The proposed PUD is consistent with all applicable requirements of thls chapter and will
emonstrate that in the supportlng responses to all items contained in the letter.
3. The proposed PUD is consistent with the standards of Section 78-159. The proposed
facility is a Self 5torage facility which is a major conditional use. It should be noted that
other permitted uses, which are not major conditional uses, which are far more negative in
their impact are auto & body repair, boat repair, well drilling, all types of laboratories,
laundry cleaning, and several manufacturing businesses, to name a few.
4. The proposed PUD provides for the public health, safety, and welfare by the following:
Safe and effective means of access - Both safe pedestrian and vehicular access
have been provided.
a. Pedestrian access to the site is accomplished via the proposed 5' wide sidewalk
along Riverside Dr. which is connected In two points to 5' wide concrete sidewalks
that are lead directly to the building.
b. Vehicular access to the site is via a proposed two-way access entrance which
then splits allowing vehicles to proceed In two directions to gain access to the
building. A minimum of 100 feet of stacking distance from the parking area to
Riverside Dr. has been provided and site visibility triangles at the intersection of
Riverside Dr. and the access road have also been provided. Two way traffic is
maintained throughout the entire site.
c. Adequate roadway system adjacent to the site Is existing (Riverside Drive).
d. Vehicular access to the site is via a proposed two-way access entrance which
then splits allowing vehicles to proceed in two directions to gain access to the
building. A minimum of 100 feet of stacking distance from the parking area to
Riverside Dr. has been provided. Three 12 x 35' maneuvering areas are provided,
along with three 12 x 35' loading zones. Directional arrows, paint striping, and all
required signage has been incorporated into this design to further enhance the
circulation, parking, and overall control.
e. Flow through vehicular circulation has been provided which eliminates the
requirement for any emergency service vehicles to back-up. After hours access to
the flre sprinkled building will be via 'knok-box" or other Fire Marshall approved
means.
0
5. The proposed PUD will not negatively impact the surrounding industrial properties;
rather it will greatly enhance the area with a very aesthetic, appealing structure that will
further enhance and compliment the list of approved projects that are part of the
revitalization that is taking place along Riverside Drive. Furthermore, the proposed use of
this project, self storage, 1s the least invasive and has the lowest impact for any of the
approved uses for this zoning district.
a. Noise - Other than occasional vehicular traffic during business hours, no noise is
generated by this use. The massive foundation landscape planting area, combined
with the landscape buffers, will effectively rnltlgate any trafflc noise generated by
this use.
b. Glare - The proposed finishes to be utilized on this facility are non-metallic, non-
reflective and will not produce any glare.
c. Odor - No products are produced, manufactured, or distributed and no chemlcals,
food, dry goods, or any other type of odor producing product will be used or stored
in this facility. This use produces no odors.
d. Equipment - All mechanical equipment will be located on the roof of the building, in
the center of the roof, approximately 50 feet from the edge of the roof. Further
screening is accomplished from the raised metal roof structures.
e. All exterior lighting has been designed according to Palm Beach County's latest
lighting code which requires all exterior fixtures to be cut-off luminarie, no sidelight
permitted and all light coming out ofthe lurnlnarie must be less than 180 degrees.
All interior lightlng shall be per the 2004 Florida Buildlng Code, and meet the
requirements of A5HWE 90.1, 2001 edition, for recommended interior lighting
levels.
5ecurity lighting shall be provided on the exterior of the building as well as the
exterior, and integrated with the monltored video surveillance system and alarm
system.
f. All signage will be per the City of Palm Beach Gardens ordinances, and no waiver
have been requested for any additional slgnage.
g. Waste disposal and recycling will be contained to the screened and gated
dumpster enclosure. The location of the dumpster enclosure was planned so that it
Is not visible from Riverside Dr. and it has been landscaped to further screen the
enclosure from public view.
h. No outdoor storage of any merchandise or vehicles of any type will not permitted.
I. Vlsual Impact - The proposed use will not negatively impact the surrounding
properties; rather it will greatly enhance the area with a very aesthetic, appealing
structure that will further enhance and compliment the list of approved projects that
are part of the revitalization that is taking place along Riverside Drive. This will be
accomplished through the use of specific planting materials, building colors that
correspond with the current pallet of colors on newly approved projects, and the
incorporation of many architectural features that occur throughout the surrounding
communities.
j. Hours of operation are proposed to be Monday through 5unday 9:00 a.m. until
6:00 p.m.
6. The proposed PUD wlll not require the installation of underground or overhead utilities
on adjacent properties.
7. The proposed PUD meets or exceeds the dimensional requirements of Chapter 78-52. e. The proposed PUD is currently improved with a dilapidated and abandoned single story
block building and associated supporting parking areas. The applicant proposes
redevelopment of the property with a four story self storage facility and all required
access roads and parking facilities to support the proposed new facility. The proposed
redevelopment wlll hrther enhance and compliment the list of approved projects that are
part of the revitalization that is currently taking place along Riverslde Drive In the M-1-A
zoning district and Is consistent with all existing neighborhood plans.
9. The property is currently improved with a dilapidated and abandoned single story block
bulldlng and associated supporting parking areas. The applicant proposes redevelopment
of the property with a four story self storage facility and all required access roads and
parking facilities to support the proposed new facility. The proposed redevelopment will
further enhance and compliment the list of approved projects that are part of the
revitallzation that is currently taking place along Riverside Drive In the M-1-A zoning
district.
10. The proposed PUD will result in logical, timely and orderly development patterns.
The proposed PUD will be in harmony with all goals, objectives, and policies of the City.
lease refer to aforementioned bullet points above.
12. The proposed PUD wiii not negatively impact the surrounding industrial properties;
rather it will greatly enhance the area with a very aesthetic, appealing structure that will
revitalization that is taking place along Riverside Drive. Furthermore, the proposed use of
this project, self storage, is the least Invasive and ha5 the lowest Impact for any of the
approved uses for this zoning district. The proposed new facility wiii include a heavily
landscaped perimeter area that buffers it from any negative impacts of the adjacent
properties and uses.
erther enhance and compliment the list of approved projects that are part of the
13. The design of the proposed PUD will not have any adverse Impacts on environmental
and natural resources as the current exietlng development was built In 1970 when none
of the current ordinances existed. Currently, there is no onsite detention, retention or
pretreatment etc., for the existing building and therefore impacts on all the various
environmental concerns will have a zero negative impact.
Project Manager
ARCHITECTURE
85 S.E. 4TH AVENUE
DELRAY BEACH, FL 33483
PHONE: 561.272.7301
FAX: 561.272.372\2
BREWERARCHITECTURE.COM
Terry L. Lessard
P*M-
ARCHITECTURE
85 S.E. 4TH AVENUE
DELRAY BEACH, FL 33483
PHONE: 561.272.7301
FAX: 561.272.372\2
BREWERARCHITECTURE.COM
June 20, 2007
City of Palm Beach Gardens
Planning $ Zoning Department
5ubjec-k Riverside Self 5torage Waivers
Riverside PUD Waiver
Riverside 5elf Storage, LLC., is requesting a Planned Unit Development that consists of
a four story self storage facility on one acre. The proposed project will re-develop a
dilapidated and abandoned single story industrial building. In consideration of the buildings
Regulation requirements.
@esign, a waiver is requested from the strict application of the Land Development
The requested waiver for the following condition of minimum width of required
foundation planting is summarized below:
Per LDR section 78-320 (a) (4) b 1, the foundation perimeter width shall be not less than
30% of the height of the adjacent wall. The minimum required width would therefore be
13.2 feet. The applicant has provided an average width of12.6 feet of foundation
perimeter for a difference of seven inches. Additionally, the required minimum foundation
planting area is 3,173.3 s.f. and the applicant has provided a foundation planting area is
6,524.9 5.f. which is over double the minimum amount of foundation planting area
required. A waiver is requested for the minimum width of the foundation perimeter
landscaping.
Project Manager
ARCHITECTURE
85 S.E. 4TH AVENUE
DELRAY BEACH, FL 33483
PHONE: 561.272.7301
561.272.3722 FAX:
BREW E RARCH ITECTURE. COM
\
June 20,2007
City of Palm Beach Gardens
Planning Zoning Department
Subject Riverside Self storage PUD
Riverside Self Storage
1. Riverside Self Storage, LLC., is requesting approval for Planned Unit Development to
facilitate the redevelopment ofthe industrial zoned area. The one acre site, along with the
.11 acre adjacent parcel (the 'Properly") Is generally located south of Burns Road along the
mast side of Riverside drive.
The properly is currently improved with a dilapidated and abandoned single story block
building and associated supporting parking areas. The applicant proposes redevelopment
ofthe property with a four story self storage facility and all required access roads and
parking facilities to support the proposed new facility.
2. The proposed PUD will not negatively impact the surrounding industrial properties;
rather it will greatly enhance the area with a very aesthetic, appealing structure that will
further enhance and compliment the Ilst of approved projects that are part of the
revitallzation that is taking place along Riverside Drive. Furthermore, the proposed use of
this project, self storage, Is the least invasive and has the lowest impact for any of the
approved uses for this zoning district. The immediate adjacent surrounding zoning and
uses are as follows:
North: M-1-A
East: M-1-A
South: M-1-A
West: Riverside Dr. Thompson River 0
Pulte Homes Storage Facility.
Lawn Tamers.
Keating-Moore Construction mces.
The proposed new facility will include a heavily landscaped perimeter area that buffers it
from any negative impacts of the adjacent properties and uses.
3. The PUD overlay will facilitate the redevelopment of the Property and will ailow a use
that is consistent with the existing use designation and zoning district and is consistent
with the City’s vision and objectives of the Comprehensive Pian as outlined by several
mxamples listed below:
0 To Create Pathway Linkages - A 5 wide, heavily landscaped meandering sidewalk
has been provided to compliment visions of the plan.
0 To Create A 5ense Of identity - Through the use of specific planting materials,
building colors that correspond with the current pallet of colors on newly approved
projects, and the incorporation of many architectural features that occur throughout
the surrounding communities.
0 To Attain A Low Requirement For Any Level Of 5ervlce - Through the use of
proper lighting, no outside storage, twenty four hour video monl?orlng of all Interiors
as well as the exterior, fully fire sprinkled building with full time monltoring for heat
and smoke of all interior areas, monitored alarm system and additional measures to
insure that this facility will not require a increased level of service by law
enforcement and fire protection services.
0 To Encourage 5pecific Types of Development - The proposed self storage
represents the least invasive, most minimal impact of any type of business that is
currently allowed in the M-1-A zoning district. The extensive streetscape of
landscaping and artwork of the proposed facility will further compliment this
objective.
0 To Retain Exlsting Quality Businesses, And Expand - The owners, Keating- Moore
Construction, have been based in Palm Beach Gardens for over 25 years, and
have every intention of remaining In Palm Beach Gardens, as evidenced by this
proposed investment in the community.
0 To Encourage Redevelopment Of Distressed Properties - The existing structure
was built in 1970 and Is vacant, and even if it were to be repaired, would not be an
improvement. The proposed redevelopment will redevelop a dilapidated and
abandoned single story industrial building, and replace it with a new self storage
facility that will further enhance and compliment the list of approved projects that
are part of the revitalization that Is currently taking place along Riverside Drive.
4. Per LDR section 78-301, the proposed redevelopment of the Property will include a
landscape pian that has 91.3% of the total preferred species, with 50% being native
species. Additionally, 16 existing trees will be retained as part of this new redevelopment.
Ai ofthe species proposed are drought tolerant and do not require much water.
5. Art in Public Places - The applicant is proposing Art on site and will submit an
application for art approval prior to permit issuance, and approval of the art prior to C.O.
issuance.
Project Manager
STAFF’S CONDITIONAL ANALYSIS
CITY OF PALM BEACH SECTION 78-52
b. Providing for a safe and effective
egress;
(I) Comprehensive plan. The propose use is consistent with the
comprehensive plan. d
means of vehicular ingress and
StaffAnalusis: As demonstrated in the staff report f r this petition, staff has determined
that the proposed use of a self-storage use is consi tent with the City’s Comprehensive
Plan. P
(2) Chapter requirements. The propos d use is consistent with all
applicable requirements of this
StaffAnalusis: Note (44), Section 78-159 of the ity’s LDRs, entitled Permitted uses,
conditional and prohibited uses, allows a self-servi e storage facility use to be included
within any major conditional use approval granted the City Council to establish a self-
service storage facility. This use is, therefore, com atible with applicable requirements
of this chapter. i
(3) Standards. The proposed use is con
such use as provided in Section 78-159.
StaffAnalusis: The proposed use is consistent with he additional t Section 78-159, Note 44.
(4) Public welfare. The proposed use p
safety, and welfare by:
the standards for
standards provided in
the public health,
a. Providing for a safe and effective 4eans of pedestrian access;
c. Providing for an adequate system adjacent to and front of
the site;
d. Providing for safe and efficient o site traffic circulation, parking,
and overall control; and d
e. Providing adequate access for p blic safety purposes, including
fire and police protection. 0 StaffAnalusis: Staff has determined that the pro osed use provides for the aforesaid 1. standards and, therefore, provides for the public healt , safety, and welfare.
(5) Screening and buffering. The propose
landscaping, screening, buffering, site
operation procedures to mitigate imp
including such impact as:
a. Noise;
b. Glare;
C. Odor;
d. Ground-, wall-, or roof-mounted n
e. Perimeter, interior, and security li
f. Signs;
g. Waste disposal and recycling;
h. Outdoor storage of merchandise a
i. Visual impact; and
j. Hours of operation.
Staff Analusis: Staffs professional opinion is the I
impact on the single-family development located apl
In addition, the proposed structure is not consistent
industrial development. It is recommended that mod
proposed structure to lessen the visual impact on the
and to be more compatible with existing industrial de
(6) Utilities. The proposed use minimizes o
installation, including underground ant
properties.
use utilizes such techniques as
Dr building design, or business
cts on surrounding properties,
xhanical equipment;
hting;
d vehicles;
oposed structure will have a visual
oximately 200 feet west of the site.
ith the adjacent one- and two-story
ications be made to the height of the
zsidential zoning district to the west
!lopment along Riverside Drive.
eliminates the impact of utility
overhead utilities, on adjacent
StaffAnaZusis: The applicant has minimized the ne ative impacts of the project on the
adjacent properties.
(7) Dimensional standards. The propos use meets or exceeds all
dimensional requirements required by
StaffAnalysis: The proposed site is generally consi tent with the requirements of this
chapter.
Neighborhood plans. The proposed us is consistent with the goals,
objectives, policies, and standards of borhood plans. 0
2
(9) Compatibility. The overall compatibi the proposed development
with adjacent and area uses, and char
StaffAnalusis: According to Note (44), Section 7
conditional uses, and prohibited uses, a selj-s
within any major conditional use approval grant
service storage facility. However, the prop
compatible with the single-family development 1
site and is not consistent with the adjacent o
along Riverside Drive. Therefore, the proposed
adjacent and area uses, as well as the character o
area development.
mitted uses, minor and major
age facility may be included
ity Council to establish a self-
tory building height is not
ximately 200 feet west of the
tory industrial development
is NOT compatible with the
e
(10) Patterns of development. The proposed se will result in logical, timely,
and orderly development patterns.
StaffAnalusis: A self-service storage use for this area would be logical for this Mi-A Light
Industrial Zoning District and would contribute to the rderly re-development of this older
section of the City. b
(11) Purpose and intent. The proposed us will be in harmony with the
general purpose and intent of this chapt r and the goals, objectives, and
policies of the City.
StaffAnalusis: Staff has reviewed the proposed use a found it to be in harmony with the
intent of the City's LDR's and the Goals, Objectives, and Policies of the Comprehensive
Plan. t e
(12) Adverse impact. '
Staff Analusis: The design of the proposed structure '11 create an adverse visual impact
due to the building height, which exceeds the height of the existing adjacent buildings.
The residential development approximately 200 feet to the west of the site would also
experience visual impacts due to the building height. i
(13) Environmental impact. The design oft proposed use minimizes any
adverse impacts that may be including impacts on
environmental and natural air, water, storm water
management, wildlife,
StagAnalusis: Staff has reviewed the proposed dev lopment plan and determined that
there will be no adverse impacts on environmental and e natural resources.
NOV. 13,
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!
..
3789 Daphne Avenue
PBG FL 33410
1 1-07-07
To the Members of the Planning, Zoning, anb Appeals Board,
We have been residents of Palm Beach Gard ns since 1979, when we
selected this city for the quality of life it off red. We have participated in
the city’s life and enjoyed raising our family here. We are concerned about
the “Notice of Public Workshop” which we eceived on 11-3-07. As a
resident of Daphne Avenue since our arrival n Florida, we have been
impressed with the control of growth up to t I is point.
Riverside Drive is a two lane road
school, a city recreation building,
The west side of the road has been be
Thompson River providing a scen
There are currently small businesses no 1
side of the road until 100 yards
To change the zoning of the pro
quite a mistake. This would op
properties which are not suited
children’s facilities would be v
would be made, other requests would sure
development. In addition, a one acre
house a business with 77,5 10 sq. feet
opportunities for a four story b
industrial park located there
river, the children’s facilities and the park.
se a rebuilt elementary
001 and day care center.
landscaped along the
than two stories on the east
area for residents.
side Drive would be 0
w leading to increased
43,560 sq. feet should not
The ORIGINAL zoning for this area reflects e residents’ vision of this
area which we would like to remain unchang We ask that you vote to
deny this zoning change for these reasons.
Sincerely, I
e Et?:,
CONSULTING CIVII. ENGINEERS,
SUIIVBYOIIS & MAPPERS
CIVIL
AGRICULTURAL
ATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design”
S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfh.com
October 2,2007 (re . October 15, 2007) ! TO: Jackie Holloman
FROM: Jim Orth, P.E.
DATE:
FILE NO. 06-4470/ 32500
SUBJECT: Riverside Self Stor
PPUD 07-06-15
We have reviewed the following p ans for the referenced project received August
29,2007: P
Subject: Riverside Self Sto
George Brewer, Inc.
Subject: Riverside Storag
Timothy K. Anderson, Esq.
Boundary Survey (Sheets
14,2005.
Preliminary Plat (Sheet 2
Landscape Development
Details (Sheet LP-2) pr
Inc. signed, sealed, and
Architectural Plans an
George Brewer Archite
Technical Memorandu
3331,2007
Construction Plans a
signed, sealed, and da . Cover Sheet . Overall Site Plan (Sheet C-1 . Water Main Layo . Water & Sewer P . Paving, Grading . Water, Fireline . Paving & Drain
letter dated August 21, 2007 prepared by
x dated August 13, 2007 prepared by
) prepared by Wallace Surveying March
by Wallace Surveying August, 2007.
P-1) and Landscape Specifications &
Holloway O’Mahoney & Associates,
Al, A3, and A5) prepared by
dated June 12,2007.
n and Associates Dated August
Doug Winter Companies, Inc.
We have the following comments: ~
The applicant has revised the prop
06-05-05) to a Planned Unit of De
below remain from our previous co
submittal from a Conditional Use (CUMJ-
(PPUD-07-06-15) and the comments
dated July 9,2007).
Concurrency Issues: I
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LBFH File No. 06-4470 Page 2 of 7
NOTE: The Site Plan prepared
as the ((primary” Site Plan
George Brewer Architects has been reviewed
1. Thru 3. Previously Satisfied.
4. Satisfied. The Boundary Surv y has identified existing contour elevations at
one-foot intervals extending a inimum 100 feet beyond the boundaries of the
subject property in accordance 4 ith LDR Section 78-80(a)(7)(d). However,
a. Satisfied. The applicant p a Boundary Survey, which was signed
is registered in the state of Florida in and sealed by a land surve
accordance with Section
5. Satisfied. The applicant prov’ded a traffic statement for City review and
approval in accordance with LDR Section 78-80(a)( lO)(b). The traffic
statement is signed and sealed b a professional engineer licensed in the state of
Florida. A copy of Palm each County Traffic Division’s comment
memorandum, dated January 25, 2007 was distributed January 29, 2007. A
copy of McMahon & Associat s, Inc., comment memorandum dated January
23, 2007, was distributed Jan ary 24, 2007. The City’s traffic consultant
recommends conditional appr Val of the Traffic Statement however the
applicant shall address issues ra‘sed I in their January 24,2007 memorandum.
The applicant re-submitted a vised traffic statement dated May 25, 2007.
McMahon responded in an 31, 2007 memorandum the project will have
insignificant impacts.
The build-out date is Dece ber 31, 2009 and shall be placed in the
Development Order.
Certification Issues: I
NOTE: The Site Plan prepared
as the ((primary” Site Plan
Plan, and Paving and
Brewer Architects has been reviewed
Overall Site Plan, Water and Sewer
by Doug Winter Companies, Inc.
are considered conceptual.
1. Ongoing. In accordance LDR Section 78-441(c) the applicant has
subject site for review and
shall be approved by the City Council
Beach County, prior to the issuance
prepared and submitted a
approval by the City. The
and placed in the Official
of the first building permit
2. Thru 9. Previously Satisfied. 1
10. Satisfied. The Site Plan has id tified the following in accordance with LDR
Section 78-46(0(2):
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Riverside Self Storage
LBFH File No. 06-4470
a. Thru d. Previously Satisfiec
e. Satisfied. Bicycle parking.
1.
11. Thru
The applicant has revise
to Section 78-412 of the
located as close as is 1
situated so as not 'to' ot
entrance or sidewalk".
the LDR, " ... Wherever
by the bicycle parking
could accommodate suc
redesign, covered bicycr
9. Previously Satisfied.
20. Satisiled. The applicant has pi
and conceptual construction pl;
414.
a. Satisfied. Per comment 1I
parking shown on the plan.
21. Thru 29. Previously Satisfied.
30. Satisfied. The applicant has
Easement (PAE), for the encro
parcel, which is proposed along
3 1. Satisfied. The applicant shall
distance from the edge of r
conformance Section 78-344 o
closest parking stall at approx:
Drive, however two drives con
Non-Certification Issues:
NOTE: All engineeringh frastrk
Page 3 of 7
the location of the bicycle parking to conform
BR, which states 'I.. . Bicycle parking shall be
actical to the entrance to the use sewed, but
truct the flow of pedestrians using the building
urther, in accordance with Section 78-413 of
he design of the building, or use being served
hcility, includes either covered areas which
facilities, as proposed or through economical
parking shall be encouraged. 'I
vided bicycle parking spaces on the Site Plan
is in accordance with LDR Section 78-413 and
e. i, the applicant has relocated the bicycle
rovided a minimum five-foot Public Access
chment of the meandering sidewalk within the
iiverside Drive.
rovide minimum 1 00-feet of off-street stacking
;ht-of-way to the nearest parking space for
the LDR. The proposed site plan identifies the
lately 70-feet to the right-of-way of Riverside
:cting to the parking provide adequate stacking.
pure plans are considered conceptual during - the planning and zoning
the final construction review.
prior to construction plan
and are subject to further review during
comments shall be satisfied
of the first land alteration
permit.
1. Previously Satisfied. ~
2. Not Satisfied. The Conceptual
FDOT Index #304 curb ramp
Plan (Sheet C-4) shall identify the
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Riverside Self Storage
LBFH File No. 06-4470
measured from the top of pipe.
of every 300 feet measured frorr!
of the pipe segment between twc
be taken, on alternating sides
location at the structure shall
I Page 4 of 7
:The tests shall be taken, at a maximum spacing
the structure, or at least one test at the center
structures if less than 300 feet. Tests shall also
3f the structure with each lift tested. The test
be within jive (51) feet of the structure. &
’ a. Previously Satisfied. I
b. Previously Satisfied. I
3. Thru 7. Previously Satisfied. 1
8. Satisfied. The applicant has
City’s requirement for the
specifications. The City’s
requirements of contract
a note to the engineering plan regarding the
of test to certify the minimum compaction
shall apply, except where the specific
Seacoast Utility Authority are greater.
The note reads,
The applicant is further advised that the testing lab or engineer-of-record shall
certify, on the test report, the li thickness for all subgrade, base and pavement
tests taken for construction. A
9. Satisfied. The applicant has add d a note to the engineering plan indicating that
“All structure rim elevations hall be set to finished surface grade, unless
otherwise specifically noted on he plan. ” Where the design proposes that the
structure rim shall be set ab0 e or below the finished surface grade, the
applicant has shown and labeled i both elevations clearly on the plan view.
10. Previously Satisfied. ~
11. Not Satisfied. The applicant hall provide a cost estimate for the project,
including public infrastructure all landscaping and irrigation costs for
review and approval by the Cit to establish surety. The cost estimate
shall be signed and sealed by and landscape architect registered in
the state of Florida. Surety 110% of the total combined
approved cost estimates and with the City, prior to the issuance
of the first land alteration
on
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Riverside Self Storage
LBFH File No. 06-4470
SUMMARY OF
of Proba
for On-site and
Grading.
I Page 5 of 7
ENGINEER’S ESTIMATE ~
le Construction Costs
Off-site Public Improvements I$
~
Subtotal $
Landscaping $
r Irrigation $
lstorm Water Maintenance I
Total $
110 %Total Reauireo Suretv $
Grading
Sanitarv Sewer
$
$
12. Not Satisfied. The shall provide a cost estimate for the on-site
public infrastructure, landscaping and
submitted by the applicant) for review
shall be signed and sealed by an
to the issuance of the first land
alteration permit.
Water $
notal s
Storm Water Maintenbce $
SUMMARY OF ENGINEER’S ESTIMATE
of Probab e Construction Costs
for On-site i n Public ImDrovements
13. Not Satisfied. Prior to the i uance of the first land alteration permit, the
applicant shall provide a copy o i the following approved permits, as applicable:
a. SFWMD
b. NPBCID
c. PBC
d. FDOT
e. PBC Health DepartmentBD
f. NPDES
3P
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Riverside Self Storage
LBFH File No. 06-4470 I Page 6 of 7
Conditions of Approval: I
1. “Applicant shall copy to the Ci all permit applications, permits, certijkations
and approvals. ’I (City
2. “Applicant shall provide all n essary construction zone signage and fencing
as required by the City I’ (City Engineer)
3. “Prior to construction plan and the issuance of the Jirst land
a cost estimate for the project,
and irrigation costs for
surety. The cost estimate
architect registered in
the total combined
to the issuance
78-461 of the
alteration permit applicant
including public
review and
LDR. ” (City Engineer)
4. “Prior to issuance of the
prepare a plat, which
land alteration permit, the applicant shall
approved by the City and recorded.” (City
Engineer)
5. “Prior to construction plan
alteration permit, applicant
LDR Section 78-309 and
including public
and approval by
engineer and
and the issuance of the first land
cost estimates in accordance with
on-site project improvements, not
and irrigation costs for review
be signed and sealed by an
of Florida and shall be
alteration permit.”
(City Engineer)
6. “The construction, operation maintenance of any elements of the subject
project shall not have any impacts on the existing drainage of
surrounding areas. a at during the project development, it is
determined by the City surrounding areas are experiencing
negative drainage it shall be the applicant’s
responsibility to of time and a manner acceptable
to the City prior ” (City Engineer)
7. “Prior to issuance of the first and alteration permit, applicant shall submit
signedlsealed/dated construct on plans (pavinglgradingldrainage and
waterhewer) and all pertinent calculations for review and comment. (City
Engineer)
alteration permit, applicant sh I1 schedule a pre-permit meeting with ti::!
proval and the issuance of the first luncf
staff ” (City Engineer) I 8. “Prior to construction plan
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2007 1002(rev 101 5) - PPUD-07-06-15 doc
Riverside Self Storage
LBFH File No. 06-4470
,eturn a copy of our comments with the
ach comment and the response. Compliance
v.
Page 7 of 7
submittals are to be submitted to the City of
anagement Department and not directly to
9. “Prior to the issuance of the)
provide to the City letters of aut1
allowing landscaping and light i
(City Engineer)
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10. “Applicant shall notifi the Citj
days prior to the commencemei
public right-of-way within the C
right-of-way, the applicant has
way permit. Right-of-way perm
Failure to comply with this con
workhonstruction activity wit,
development site. ” (Public Worl
Setting-#rernporary Internet Files\Content.OutlookW4VOA9SEW470 - 32500 .
The applicant is requested to
applicant’s acknowledgement of
will expedite the subsequent revie
The applicant is reminded that a1
Palm Beach Gardens Growth M
LBFH, Inc.
JOWlmr
cc:
rst land alteration permit the applicant shall
orization from the applicable utility companies
ioles to be placed within the utility easements. ’’
’s Public Works Division at least 10 working
t of any worh’construction activity within any
ty of Palm Beach Gardens. In the case of a city
zt least five working days to obtain a right-of
rts may be obtained at the Building Division.
iition could result in a Stop Work Order of all
#in the public right-of-way and the subject
s)
M EMORAN DI
,/ The boundary does not encompass the same land as
seems to be drainage facilities proposed for
ast boundary of the plat. Ccp 1 8 ’Infiere is a 12’x12’ proposed SUA Easement shown
easement will need to be dedicated on the plat or
C \DOCUMENTS AND SEITINGS\JORTH\LOCAL SETTINGSiTEMPORARY IN
- 32500 - 20071008 - PLAT REVIEW DOC
TO: Jackie Holloman
FROM: James R. Orth, P.E.
the plat.
the IngressIEgress easement along the
that is not reflected on the plat. This
shown with recording information.
ERNET FILEWONTENT OUTLOOK\ESQXJFI 9\4470
RUYLF
DATE: October 8,2007 /
FILE NO.: 06-4470 / 32500
SUBJECT: Riverside Self Storage
Plat Review
The site plan for the project has not been approved bi
additional modifications required if the site plan change:
We have reviewed the above named plat prepared by
compliance with Chapter 177 of the Florida Statutes
requirements and we offer the following comments.
Ch 177.091 (6) requires the bearing reference to be clear!
a) The section information should be stated in the b
b) Show monumentation on the bearing reference 1
VI
City Council. Therefore there may be
:hrough the process.
vlrallace Surveying Corp. for technical
ind the City of Palm Beach Gardens
stated and be a monumented line.
iring reference.
Ch. 177.091 (1 4) The last line of the description seems
Ch 177.091(19) Contiguous property shall be
identified with Plat Book and page, other
e missing wording and information.
ation, or labeled as unplatted.
. The surrounding property must be
0
Ch 177.091(27) The plat must include the “Notice” statement exactly as called for in the statute.
The mortgage recording information does not match
The sheet numbering is not correct on the first sheet of
Please change the reviewing surveyor’s name to
P.C and P.T. are used as abbreviations on the
Add a north arrow and title to the location map.
abbreviation legend.
information on the PB County
not listed in the
We have reviewed the above named plat
with the Overall Site Plan prepared by
for consistency
the following
website. Please verify the information.
comments.
Page 2
We have reviewed the above named plat prepared by allace Surveying Corp. for consistency
with the Boundary Survey prepared by Wallace Corp. and we offer the following
comments.
The boundary is not consistent with the boundary of th
revised to be consistent.
plat. The survey boundary needs to be
The applicant shall provide a written respo
acknowledgement of each comment and how e;
Compliance will expedite the subsequent review. It
identify all changes to the plans by either “clouding
changes to further expedite the review.
The applicant is reminded that all submittals are tc
Gardens Growth Management Department.
Jro
Cc; Kara Irwin (kirwin@pbgfl.com)
we to all comments, indicating
ch comment has been addressed.
s suggested that the applicant clearly
or highlighting, the location of all
be made to the City of Palm Beach
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Memo to File
To: Todd Miller, Principal Planner
Through: Mark Hendrickson, City Forester I L From: Ray Caranci, Forestry Technician ef 1
Subject: PPUD-07-06-15 Riverside Self Storage Reshbrnittal
Date: September 24, 2007 I
I have reviewed the Land Development Regulations r the above referenced petition and
provide the following comments:
Certification Issues: I
1. In accordance with Section 78-320(a) (4) b
area for a building of two or more stories s
height of the adjacent wall. The prop
foundation plantings a minimum width of
waiver to allow the foundation plantings
Applicant has justified the waiver by pla
proximity to the required landscape bu
impact of the two planting areas. The roa
provided also compensate for the slig
prominent. Staff supports this waiver.
he LDR, the foundation planting
ot be less than 30 percent ofthe
uilding height would require
t. The applicant has asked for a
lightly less than required. The
foundation plantings in close
ctively combining the visua]
on in areas not as visually
2. Satisfied. In accordance with section 78-320( (4) c. of the LDR, non residential
buildings shall have at least one shade tree
linear feet, or fraction thereof, of faqade Trees and palms shall be of an
installed size relating to the height of the wall or faCade, as indicated in
Table 30. Please revise the landscape plan the required number of trees
or palm clusters, meeting the minimum for the proposed
for each 30
building.
3. Conditionally Satisfied. There are conflicts between utilities and
landscaping. The SUA water line with landscaping in close
proximity. The SUA guidelines for clear area around the
valves, while adhering to the screening for these valves.
The FP&L transformer at the to be screened, and there
is an Oak Tree placed too The proposed sewer
line for the building is not proposed location
disruption of the foundation barriers in areas
shown on the
detrimental to the landscaping. Please revis the landscape plan to correct these
conflicts. P
4. Conditionally Satisfied. In accordance
landscape plans should clearly delineate
materials, and square footage of open space
shall clarify what areas were used in the
applicant shall provide documentation showing
open space for the property in CAD forma:
contain the DWG, DXF, and DGN file extensions
CAD file shall contain a separate layer fo.-
property boundary, impervious areas, pervious
open space. Open space shall further be
perimeter buffers, easements, recreation
calculation of required landscape points. Each
the categories listed above. All drawings shall
with Section 78-305 of the LDR,
and key landscape areas, landscape
and impervious areas. The applicant
calculation of required open space. The
what areas were designated as
on CD ROM. The CAD file will
in version 2004 or earlier. The
each of the following categories:
areas, and areas designated as
sepa.-ated into lake tracts, preserve areas,
a-ea, and open space used in the
layer shall be clearly labeled using
be defined as closed polygons.
5. Conditionally Satisfied. The survey did not locations of the existing trees
on site. There are LDRs concerning the and conservation of trees on
site, and whether they will be preserved relocated on site. It is noted
that some trees and palms on the indicated as being existing,
number of trees, their sizes,
a survey showing the
existing trees on site, height (DBH) and
location, and the applicable
points.
Conditions of Apnroval I
1. Prior to scheduling for City Council, the
the digital CAD files to verify open space
shall provide a disc with
2. Prior to scheduling for City Council, the
plans and landscape plans showing the s
shall provide revised site
consistently located so as
not to disrupt foundation landscaping.
3. Prior to the issuance of the
successors and assigns shall
the approved plan along the
of Occupancy, the Applicant,
and irrigation according to
4. The Applicant, successors and assigns shall maintain the landscaping and
irrigation along the Riverside Drive shoulder from the northern property
terminus to the southern property
5. Prior to the issuance of any building ermit the applicant shall plat the
property. f
6. The Applicant shall preserve and
of the 29 identified on the
used on site for the 10
relocated to a public
12 Sabal Palms
a minimum of 10 Sabal Palms out
being removed. These 10 may be
or donated to the City to be
This is in addition to the
7. All utilities on site including SUA val es and FP&L equipment shall be
screened with landscaping from public vi k w.
Also, please understand that additional information m y be requested, and staff may have
additional comments as the review process continues.
FIRE RESCUE DEPAkTMENT
MEMORANDUM
Todd Miller, Principal Planner DATE: August 27,2007
~-
PPUD-07-06-15: Riverside
TO:
APPROVED:
FROM: Scott Fetterman, Deputy Chie
RE:
Fire Rescue has reviewed the above refer nced revised PUD petition and
has the following comments and concerns: e
The proposed Landscape Plan to conflict with the Fire
Hydrant and proposed Fire
Fire Sprinkler System. a minimum
The applicant states 8/21/2007 “All
conflicts have been
Connection location for the
clearance of 7’-6” to
devices.
to the rear of these
would be sod.
Thank you for your assistance and consi eration in this matter. Please
contact me if you have any questions. 4
.....
' ~~~~~~~~~
' BUILDING DIVISION
10500 N. MILITARY TRAIL 0 PALM B
(561) 799 - 4201
Memorandun
To: Todd Miller
From: James Brown
Regarding: Petition PPUD-07-06-15
Date: August 6, 2007
Based upon a review of the submitted documen
Certification comments:
1. No certification comments
The following general comments affect this prc
a p p I i ca n t :
1. Separate permit(s) and application(s) will
drainage, water and sewer improvements,
lighting, signage, fire sprinklers and fire ali
2. Permanent ladders complying with the Flo
306.5 shall be provided for equipment inst
3. The buildings qualify under FS 553 as a tt
shall be required to retain a threshold insp
threshold inspection plan with the building
and approval.
Please feel free to contact me at extension 4269
or any other matter.
~
iACH GARDENS FLORIDA 33410-4698
s we have the following
ect should be duly noted by the
e required for: paving,
landscaping, irrigation, site
rms.
ida Building Code-Mechanical
illed on the roof.
,eshold building. The owner
xtion agency and provide a
iermit application for review
f I may assist you further in this
I
]PALM BEACH GARDENS ICE DEPARTMENT
SPECIAL BUREAU
TO: TODD MILLER
FROM: OFFICER JULES BARONE
SUBJECT: RIVERSIDE SELF PPUD 07-06- 15
DATE: JUNE 27,2007
Crime Prevention Through Environment is a bran h of situational crime prevention that
maintains the basic premise that the physical envi onment can be designed or manipulated
to produce behavioral effects that will reduce the i cident and fear of crime. The police
department has reviewed the site plan and strong1 recommends the following minimum
CPTED Compliance:
conditions be met. i
1. Prior to the issuance of the fvst Certificate of Oc
All exterior pedestrian walkway lighting shall
all on-site lighting shall consist of metal
Department and, shall not conflict with
light distribution and minimize glare and
all on-site lighting shall be installed.
pedestrian scale light poles, and
lighting approved by the Police
Luminaire type should optimize
2 Landscaping shall not obstruct the view from wi
exceed 24” in height and high branched trees
or walkways. Ground cover should not
trimmed to seven feet. (Police Department)
3 Prior to the issuance of the first Certificate
building, the Applicant shall provide
above or near entryways, all four sides
for the Riverside Self Storage
“dusk to dawn”,
for said building.
(Police Department)
4 Prior to the issuance of the first Certificate
building all entry doors (non-glass
threshold of the locking mechanism
secured by electrical
ccupancy for the Riverside Self Storage
shall be equipped with astragal over the
deadbolt locks shall be provided on all
throw or mechanical interlock.. Doors
or signal locking device to open the
have a holding force of at least
and the main entries to the
exteriorhnterior doors with a
door when in the
10001bs. Door
building shall be wired for closed-circuit di ita1 camera surveillance system. (Police
Department) k
Prior to the issuance of the first building permit, he Applicant shall submit a construction site
security and management plan for review approval by the Police Department. Non-
compliance with the approved security and plan may result in a stop-work order
for the CPUD. (Police Department)
Prior to the issuance of the first Certificate o Occupancy for the building, all numerical
addresses shall be placed at the front and rear of each building. Each numerical address shall
be illuminated for nighttime visibility, with unintermptible A.C. power source, shall
consist of twelve (12) inch high numbers, and s all be a different color than the color of the
surface to which it is attached. The rear door(s of the building shall have an illuminated 6
inch number on or along side the door.(Police D artment) r
Prior to the issuance of the first Certificate of Occ pancy, buildings with a total square footage
of at least 10,000 square feet shall have roof t p numbers placed parallel to the addressed
street, only visible from the air. The numerals s odd be blocked lettered, weather resistant
material, four feet in height and 18 inches wide. ( I olice Department)
Non- Certification Condi/tions of Approval:
Natural Surveillance I
Provide landscaping that does not
Provide clearly marked
semi-public through use
Windows and exterior
If practical, designate
Parking areas should
Allow shrubbery to
areas.
movement from public to
All Structures shall be target hardened, to include but not limited to:
Building shall be wired for an a1
Doors shall be equipped with
Interior doors to offices shall
Case hardened commercial
doors with minimum of
shall have a cylinder
Door hinges shall be
hinge pins or a
shall be installed on all exterior
burglary resistant glazing.
2 I
a
a
a
a
a
0
a
0
a
0
a
a
stalled to monitor all vehicle
lose proximity to buildings and
not within parking lots.
from inside with a slide bolt or slide
access into parking lots shall be
solid core with burg1
shall have no exterio
exterior of the door.
on panels and where applicable emergency doors
nic hardware shall have self locking mechanism,
tective astragal attached to the
ing points; if slide bolts are utilized
d protrude at least 1 1/2” into the
, mounted cameras in industrial
ng of tenants, placed at elevator
n each level of structure.
ss code disarms their unit alarm
more difficult to detect require
er than traditional pad locks.
ating dark comers, should
consider intercom system fo
Limit access to facility from m to deter criminal activity.
, including background checks and driver license
similar sites provide users free public records
a1 so placed as to make interior
at each landing and enclose or
CPTED CONDITIONS FOR C NSTRUCTION SITE
CRIMES
security and management plan for approval 1 by the City’s Police Department CPTED
Prior to issuance of the first building permit, t e applicant shall prepare a construction site
Official.
CPTED Conditions of approval:
1.
a. The developer/project manager after site clef
shall institute security measures to reduce
management plan shall include, but not bl
personnel, vehicle barriers, constructionhisit
encourage sub contractors to secure machiner
measure deemed appropriate to provide a safe
3
ing and placement of construction trailers
or eliminate opportunities for theft. The
limited to, temporary lighting, security
)r pass, reduce/minimize entry/exit points,
r, tools at end of work day and/or any other
and secure working environment.
b. The security management plan shall be mai
the project. Non-compliance with the apprc
the entire planned unit development.
CC: Chief S. Stepp
Major R Artola
Major R. Facchine
Major E. Carr
Capt. A. Wesenick
Cqt. D. O’Neill
Files
lined throughout the construction phase of
d plan shall result in a stop-work order for
4 I
August 30,2007
Mr. Todd Miller
Planning & Zoning Division
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Riverside Drive Self Storage
Dear Mr. Miller:
We have tlie following comments on your traiisniittal date
referenced project.
1. The property description on the draft plat does no
survey.
2. The conceptual water and sewer plan does not shc
Road as stated in Terry Lessard’s letter.
3. Once detailed water and sewer drawing are availa
input on this project.
Please call if you require additional information.
Sincerely,
. __.___ SEACOAST UTILITY AUTHORITY
Bruce Gregg
Director of Operations
cc: R. Bishop
J. Callaghan
J. Lance
J. Orth
August 27, 2007 concerning the
latch tlie property description on the
the 8” loop connection to Ironwood
: we will be able to provide fiirther
CITY OF PALM BEAC GARDENS
MEMORAND
From: Todd M. Miller, Growth Management D e partment
Memo to File
Re: DRC Comments - PPUD 07-06-00001 Riverside Self Storage:
Planned Unit Development and Major nditional Use Review
Date: July 27, 2007
I have reviewed the resubmitted plans and resp nses to my February 8, 2007
comments for the above-referenced project, have the following comments:
[Please note the Site Plan provided by Brewer rchitecture was considered the
primary site plans, and was the basis for this revi w] F
PLANNING AND ZONING 1 0 Comments - Certification
1. A self-service storage facility is a ma ditional use within the Light
Industrial zoning district (MIA), as de Section 78-1 59. Therefore,
the application must demonstrate co e with the criteria listed in
Section 78-52(d). Specifically, Sectio (d) requires conditional uses
to mitigate visual impacts, and that pro development be compatible
with adjacent uses, and the charac e area. Therefore, please
provide written justification for the p height of the building, and
define how the proposed building mpatible with the existing
andlor future uses within the area. n, staff recommends you
provide architectural perspectives fr entia1 neighborhood to the
west and any other information whi aff determine the impacts
of the building height on the adjac se note, staff is requiring
the petition be scheduled for a p before the Planning,
Zoning and Appeals Board to eli m the neighboring uses
and the Board regarding the buil
2. Clearly indicate the arcade on t e building, and the roof
overhang over the loading area bel them as such.
3. Per the previous comments, ity storage is a major
conditional use within the Light strict (MIA), as defined
in Section 78-159. Theref n must demonstrate
compliance with the criteria I -52(d). However, no
additional responses were provided witt
provide responses to address the desi(
159(j)(44), the criteria of a conditional usc
The revised plans indicate there is an ir
24’ strip of land which the owner of the
However, the note indicates the ease
description. Please provide the legal d
remains an access easement for the
establishing cross access rights through
Provide a detail of typical light fixtures prc
4.
5.
Comments - Non-Certification
1. Will the property be fenced? If so,
materials of the proposed fencing.
2. Please indicate the proposed hours o
storage facility.
2
the latest resubmittal. Please
treatment criteria listed in 78-
as identified in 78-52(d).
ress/egress easement over the
ubject property has purchased.
ent is described on the legal
cription to verify that there still
property owner to the north,
3 24’ strip of property.
osed on site.
ease indicate the height and
3peration for the self service-
0
CONSILTING CIVIL ENGINEERS.
SURVEYORS &MAPPERS
CIVIL
AGRICULTURAL
ATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design”
.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
www.lbfh.com
Fax (772) 286-3925
ORANDUM
TO: Todd Miller
FROM: Jim Orth, P.E.
DATE: September 5, 2007
FILE NO. 06-4470 / 32500
SUBJECT: Riverside Self Stor
Traffic statement
The City’s trafic consultant, Mc
review of the Traf‘fic Statement
and received August 29,
Performance Standards and
Regulations for the above
the study contains errors in
have a significant impact
can be approved, with a
& Associates, Inc., has completed their
by Gerald B. Church dated May 25, 2007
to the Palm Beach County Traffic
Beach Gardens Land Development
Their review concludes that although
calculations, the development wi II not
network. Therefore, the project
having an insignificant impact.
A copy of McMahon &
2007 is attached. A
memorandum will be
If you have any
comment memorandum dated August 3 1,
County Traffic Division’s comment
information, please do not hesitate
to contact me at
JRO/nief I
cc: John Kim, P.E. -
Masoud Atefi -
C:\Documents and Senings\tmiller\LocaI SettingATemp ary Internet Files\Content.Outlook\NRQTVM9Z\4470 - 32500 .
20070905 - Transmit McMahon CInmmPntr ,in,-
I
TO: James Orth, P.E. Assistant City Engineer
City of Palm Beach Gardens
FROM: John P. Kim, P.E., PTOE, Senior Project
McMahon Associates, Inc.
SUBJECT: Riverside Self Storage Traffic Statement
McMahon Project No. M05159.51
DATE: August 31,2007 I
cc: Dan Clark, P.E., City Engineer
McMahon Associates, Inc. (McMahon) has reviewed verside Self Storage Traffic Statement
submitted by Gerald Church, P.E., dated revised: July 2 f , 2007. The statement indicates that an
existing use will be replaced with a new self-storage as follows:
Existing use: 5,969 square feet of light industri 0
Proposed use: 78,720 square feet of self storage wbrehouse
Although the study contains errors in the daily
will not have a sigruficmt impact upon the
project can be approved, with a build out
calculations, the development
network. Therefore, the
it having an insigruficant
impact .
The traffic consultant, Gerald 8. Church, will be
meeting with a representative from the City of
future submittals for this or any other projects.
format of future traffic statements or reports
to request a traffic methodology
ensure that the methodology and
Gardens and McMahon to for all
which will result in more
streamlined reviews.
JPK/ I
F\ FL\ 05159m\O5159in-51 - Riverside\Adiiiiii\ RiversideSelfStorage 061807.d c !
a
Sincerely,
Qepartment of Engheecing
and Public Works
P.0 Box 21229
West Palm Beach FL 33416-1229
(561) 684,.4000
Fa: (561) 000-0000
www pbcgov corn
E
palm Beach County
BO^ of County
Commissioners
Karen I: Marcus
Warren H Newel1
Mary McCany
Bun Aaronson
Jess R Santamaria
County Adminkhator
Robert Welsman
January 25,2007
Ms. Judy Dye, PE
Assistant City Engineer
City of Palm Beach Gardens
3550 S W. Corporate Pkwy
Palm City, FL 34990
RE: Riverslde Self Storage
TRAFFIC PERFORMANCE STI
Dear Judy:
DARDS REVIEW
The Palm Beach County Traffic
proposed
Performance Standards in
Code. The project is
reviewed the traffic statement for the
Self Storage, pursuant to the Traffi
Beach County Land Development
Location:
Municipality:
PCN #:
ExlstIng Uses:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-out Year:
147
7 AM and 13 PM
2009
Based on our review, the Traffic Divi ion has determined that the proposed
redevelopment project meets the Traffic Pe orrnance StandaKds of Palm Beach County
No building permits are to be issued by the ityafter the build-out date, specified above,
The County traffic concurrency approval is ubject to the Project Aggregation Rules set
forth in the Traffic Performance Standards rdinance i
Masoud Atefi,
TPS Administra r, icipalities - Traffic C
CC: Gerald B Church, P E
File: General - TPS - Mun - Trafflc Study Revie!
F:\TRAFFIC\maL4drnin\pprovals\070111 doc
sion
The Madison Wall Sconce is an architecturally designed, low profile, sharp Thc
cut-off. wall mounted luminaire, that is ideal for building facades, shopping ers
Thc malls, courtyards, and ofice buildings.
The housings and door frames are made of heavy duty, corrosion resistant pai
sast aluminum with decorative reveals and tool-less entry. adt
The optical system is specular, segmented aluminum, designed for wide, Thc
nedium, and forward throw. For indirect or up light applications, please consult HP
lactory for distribution options -
Model No.
lllHC
I MHC-1
-
Optics
mm
3 Wide
Throw
(T2)
1 Medium
Throw
(T3)
1 Foward
Throw
(T4)
1 DL 10190
(DL1090)
10% UpLight
90% Downlighl
I DL5050
(DL5050)
50% UpLight
50% Downlight
-
Wattage
42CF (42)
32CF (32)
26CF (26)
18CF (18)
13CF (13)
0 50 (50)
0 70 (70)
CJ 100 (100)
150 (150)
0 175(175)
Source
m
0 Compact
Fluorescent
(CF)
PS, HPS
PS, HPS
PS. HPS
PS. HPS
MH
(M), (PI, (SI
000
CF compact
Fluorescent
MH - Metal Haltde
PS - Pulse Start
Metal Halide
iPS - HM Pressure
bat -
Voltage
0 120
(1)
0 208
(2)
0 240
(3)
0 277
(4)
0 480
(5)
M.Tap
(6)
'MultcTap
ballast IS
standard and
wired at 277
Vons unless
speutied
347v available consult factor)
7" 175w 35 IC-I I 18" I 9" I
IS is a dear, tempered, flat glass, secured by galvanized lens retain-
ly gasketed with form-fitting silicone gasket.
ish is a Quali-GuardQ textured. thermoset, polyester powder coat
ven baked at a temperature of 400° Fahrenheit to promote maximum
nce and finish hardness.
llast is a CWA or HPF regulating auto transformer, available in MH,
ulse Start MH. and energy efficient Compact Fluorescent. Emergency
packs also available.
Mounting
Direct
(DL)
Down Light
0 In-Direct
Up Llght
(UL)
Options
Photo Cell
'Specify vollaga
0 (PC240) 0 (PC277)
0 (PC120) 0 (PC208)
0 Quartz Restrike
(QR)
Fusina
'Single In-line Fuse
0 (SF120) 0 (SF277) 'Specify wNage
'Double In-Line Fuse
'Specify wnage
0 (DF208) 0 (DF240)
0 (DF480)
3 Emergency Battery Pack
(EW
For Compact Flucfescenl
models only. Probides min
90 minutes of illumination
during power outages.
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: February 5,2008
Meeting Date: February 26,2008
Petition: PPUD-07-02-000013
SUBJECT/AGENDA ITEM
PPUD-07-02-000013: - Mock Office Building Planned Unit Development
Public Hearing & Recommendation to City Council: A request by Cotleur & Hearing on behalf of
Comac Burns Road, LLC, for rezoning from Research and Light Industrial Park (M-1) to a Planned
Unit Development (PUD) Overlay with underlying Research and Light Industrial Park (M-1)
zoning district and a site plan approval to allow the development of a three-story, 48,000 square-
foot professional office building to be known as the “Klock Office Building.” The 3.01-acre site is
located on the north side of Bums Road approximately 1,340 feet east of Military Trail.
[ X ] Recommendation to APPROVE with three (3) waivers and conditions of approval
[ ] Recommendation to DENY
Reviewed by:
City Attorney:
Christine P. Tatum
Development Compliance:
Approved By:
City Manager:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Planner
[XI Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
Date:
Paper: Palm Beach Post
[XI Required
[ ] Not Required
Affected Parties:
[XI Notified
[ 3 Not Required
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
L Tresha Thomas
Fees Paid: [ X 3 Yes
Budget Acct.#:
N/A
PZAB Action:
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Public Workshop
[ 3 Continued to:
Attachments:
Project Narrative
PBCTraffic
concurrency letter
Development Plans
Color Renderings
Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
a BACKGRomD - The 3.01-acre site is located at 4215 Bums Road between Military Trail and Riverside Drive. A site
plan for a warehouse and office building was approved in 1967. The structures previously located
on the property were demolished and the property is now vacant.
LAND USE & ZONING
The land-use designation of the site as shown on the City’s Future Land-Use Map is Industrial (I).
The site currently has a zoning designation of Research and Light Industrial Park (M-1). The
applicant is requesting approval to rezone to a Planned Unit Development (PUD) OverlayResearch
and Light Industrial Park (M-1) underlying zoning district. The zoning and land-use designations of
adjacent properties are as follows:
ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS
Weiss School 0
TRAFFIC CONCURRENCY
On June 22, 2007, Palm Beach County Traffic Engineering approved the project for 48,000 square
feet of “General Office” use with a build-out date of 201 1 (please see attached correspondence).
On October 23, 2007, Boyle Engineering issued a memorandum stating that the City’s traffic
consultant, McMahon Associates, Inc., had completed their review of the revised Traffic Impact
Statement and that the project can be approved for traffic concurrency.
PROJECT DETAILS
The current petition proposes the development of a three-story (42.5 feet) 48,000 square-foot
professional office building on Burns Road approximately 1,340 feet east of Military Trail. The site
is currently vacant. Access to the site will be provided from Burns Road on the south and from a
private driveway on the west.
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
Architecture
The proposed three-story, 48,000 square-foot building will have a modern Mediterranean stucco
appearance that is complementary to several existing buildings along Bums Road. Pedestrian
entrances will be located on the north and south side building elevations. The architecture includes
both vertical and horizontal articulation through the use of pilasters, outriggers, metal pergola with
columns, balconies, and railings. The rooflines will be varied, and roofing material will be clay
barrel tile in a dual color finish to match the City Hall barrel tile. The base paint color for the
building is Winter Mood 512-1 (second and third floor elevations), and the secondary color will be
Pittsburgh Paints Olive Grey 512-5 (first floor elevation). The exterior windows and doors will be a
medium gray tinted insulated, impact resistant glass in a factory coated (white) aluminum
“storefront” framing system. The south elevation entry pergola, smooth concrete columns, and the
guttering downspout system will also be white.
Signage
The applicant is proposing a ground sign in lieu of a wall sign to be placed on the south side of the
property adjacent to Burns Road due to the fact the architectural design of the building does not
readily accommodate an appropriate location for wall signage. The proposed ground sign consists
of a solid three-foot high base and a 4’x 8’ sign copy area for building identification purposes and
three (3) tenants, which is consistent with City Code requirements.
City Code Section 78-285 requires that a property have at least 300 linear feet of public road-right-
of-way in order to have a ground sign. The property has 260 linear feet adjacent to Bums Road;
therefore, the applicant is requesting a waiver of 40 linear feet. The applicant justifies the waiver
request due to the need for proper building identification, the stand-alone nature of this
development, and the recreational use located west of the property, which does not require signage
identification.
Landscapinn and Buffers
The proposed landscape plan provides for a total of 5,929 landscape points, when 4,526 landscape
points are required. The landscape materials will include 174 ornamental trees and palms, plus
4,353 accent shrubs, groundcovers, and vines. Of the nine existing trees, six will be relocated and
three will be removed.
In a limited number of areas, the required foundation planting width of 12.75 feet has been reduced
to a minimum of 8.0 feet. This was due to the installation of a required sidewalk to Bums Road as
well as extensive architectural modifications made at the request of staff. The applicant is,
therefore, requesting a waiver of 4.75 feet for the foundation planting width.
The City Code requires that the maximum spacing of trees shall be 60 feet along any perimeter
buffer. Because of a conflict with underground utilities and the dry detention area at the northeast
comer of the site, it is not possible to plant the required tree. Therefore, the applicant is requesting
a waiver to not allow the required tree within this 79.5-foot section of the buffer (see waiver chart
on the following page).
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
Parking
Per City Code, the professional office building use requires one parking space per 300 square feet.
The square footage for this building is 48,000 square feet. A total of 160 parking spaces are
required and 161 spaces are being provided, six of which are handicap spaces. For office use, the
City Code allows the width of a parking space to be reduced from ten (10) feet to 9.0 feet by 18.5
feet long, subject to approval by the City Council. The applicant is requesting a reduced width of
9.5 feet by 18.5 feet long. Parking requirements are summarized as follows:
A drainage statement by Simmons & White dated July 23, 2007, states the proposed drainage plan
includes directing storm flows to on-site dry detention for water quality treatment and storm
attenuation by means of paved or grassed swales and/or inlets and storm sewer. Legal positive
outfall is existing and consists of overflow and bleed-down to the existing Bums Road storm
drainage system near the property’s southern boundary. Building floor elevations will be at or
above the level produced by the 100-year, 3-day rainfall event. Pollution and erosion control
measures are to be implemented during construction to prevent tracking of sediment off-site.
In a letter received by the City on August 21, 2007, Ardaman & Associates, Inc., states that the
proposed development will have no effect on the groundwater conditions at the City property to the
north of the subject.
CPTED Compliance
Crime Prevention through Environmental Design (CPTED) is a branch of situational crime
prevention that maintains the basic premise that the physical environment can be designed or
managed to produce behavioral effects that will reduce the incident and fear of crime. The Police
Department has reviewed the site plan for the subject property, and has provided staff with several
comments pertaining to security on site and adherence to the CPTED principles. These comments
will be included in the development order as conditions of approval.
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
WaiverDeviation
WAIVER REQUESTS
Recommendation
The applicant is requesting the following three waivers:
40 feet
Code Section
Section 78-285,
Table 24,
Ground Sign
Approval (1)
Section 78-320,
Foundation
landscaping and
plantings
Section 78-
3 19@)(3) Minim um
landscape buffer
and planting
requ irern ents
RequiredIAllowed
One (1) ground sign allowed
for first 300 linear feet of
right-of-way
Minimum foundation
planting width to be 30%
(12.75 feet) of the height of
the adjacent wall (42.5 feet)
Spacing: Maximum space of
planting trees shall be 60 feet
along any perimeter buffer
Provided
One (1) ground
sign with 260
linear feet of right-
of-way
8.0 feet in areas
located along the
north building
elevation and 9.0
feet along the east
and west building
elevations
79.5 feet spacing
along limited area
site retention area
4.75 feet
Approval (2)
19.5 feet Approval (3)
(1) Applicant’s Justification: The applicant is requesting a waiver from the Code requirement
of 300 linear feet of right-of-way in order to allow a ground sign. The applicant states that
due to the stand-alone nature of the development and the recreational use located to the west
of the property there will not be a proliferation of signage in the immediate area. The
ground sign is requested for safety purposes to allow approaching drivers to identify the
exact location of the project entrance.
Staffs Recommendation: Staff notes that the architectural design of the building does not
readily allow an appropriate location for identifying wall signage. Staff also realizes that the
building needs to be identified to passing motorists. Because it is not possible to place a
building identification sign on the building facades, staff believes that a monument sign
adjacent to Burns Road would be the most logical location for identifying signage. In
addition, three tenant names would also be allowed on the monument sign which would
serve to identify occupants of the building. It should be noted that a condition of approval
that requires the ground sign to be removed if wall signage is proposed and approved at a
future date. Staff recommends APPROVAL of this waiver request.
(2) Applicant’s Justification: The applicant is requesting a waiver from the requirement that
foundation plantings be a minimum width of 30% of the height of the adjacent wall of the
building. In this circumstance, that would equal foundation plantings 12.75 feet in width.
However, the applicant is only able to provide foundation plantings of 8.0 feet in the rear of
the building and 9.0 feet along the sides due to modifications to the architecture of the
building at the request of staff.
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
(3)
Staffs Recommendation: Staff notes the differences in foundation planting widths that have
been provided. The applicant has exceeded the minimum 15% open space requirement by
providing nearly 35 percent of open space throughout the site in order to compensate for the
loss of foundation planting areas. Furthermore, the applicant has provided over 30 percent
more landscape points (1,403 points) than the minimum code requirements. The landscape
materials will include 174 ornamental trees and palms, plus 4,353 accent shrubs,
groundcovers, and vines. Staffrecommends APPROVAL of the waiver request.
Applicant’s Justification: The applicant is requesting a waiver to increase the spacing of
trees along the perimeter buffer located at the northeast comer of the property to avoid
conflicts with underground utilities and on-site dry detention. The request is for spacing of
trees to be 79.5 feet in this area versus the required 60 feet of spacing which has been
reduced to the greatest extent possible. Large mature Live Oak trees exist off-site adjacent
to this area which provide sufficient buffering between the two uses. The nominal increase
in spacing will in no way affect the overall appearance of the site andor reduce the
buffering of the use as the landscaping is well in excess of the Code requirements.
Staffs Recommendation: Because of a conflict with underground utilities and the dry
detention area at the northeast comer of the site, it is not possible to plant the required tree.
Therefore, the applicant is requesting a waiver to eliminate the required tree within this
79.5-foot section of the buffer. The proposed landscape plan significantly exceeds the
perimeter buffer requirements along the rear and west sides of the property by providing
nearly three times the number of trees required by Code. Staffrecommends APPROVAL of
this waiver request.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Petition PPUD-07-02-000013 with three waivers and the
conditions of approval below:
Planning and Zoning
1. Prior to issuance of the first building permit, the Applicant shall comply with Section 78-262
of the City Code relative to Art in Public Places. The Applicant shall provide art on site or
make a payment in lieu thereof. The Art in Public Places Advisory Board shall review and
make a recommendation to the City Council on any proposed art on site. If the Applicant is
providing public art on site, the art shall be installed prior to the issuance of the first
Certificate of Occupancy, or as determined by the application for approval of the art. (City
Forester)
2. Prior to the issuance of the first building permit, the property shall be platted. (Planning &
Zoning)
3. Prior to initiation of vertical construction, the Applicant shall install a six-foot tall construction
fence with a privacy tarp around the entire property line. (Planning & Zoning)
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
4. If wall signage for building identificatiodtenant purposes is approved at anytime in the
future, the ground sign on the south side of the property shall be removed prior to the
installation of said wall signage. (Planning & Zoning) 0
Landscaping
1. Prior to the issuance of the Certificate of Occupancy, the Applicant, successors and assigns shall
install landscaping and irrigation according to the approved plan along the road shoulder of
Bums Road.
2. The Applicant, successors and assigns shall maintain the landscaping and irrigation along the
road shoulder of Bums Road from the eastern property terminus to the western property
terminus.
3. The Applicant shall preserve and relocate 1 Oak Tree as indicated on the approved landscape
plan and donate it to the City. The Oak Tree is to be relocated to a public area at no expense to
the City.
4. All utilities on site including SUA valves and FP&L equipment shall be screened with
landscaping from public view.
5. Prior to the issuance of the Certificate of Occupancy, the Applicant, successors and assigns shall
install landscaping and irrigation according to the approved plan along the road shoulder of 0 BumsRoad.
6. The Applicant, successors and assigns shall maintain the landscaping and irrigation along the
road shoulder of Bums Road from the eastern property terminus to the western property
terminus.
7. Prior to the issuance of any building permit the applicant shall plat the property.
8. The Applicant shall preserve and relocate one Oak Tree as indicated on the approved landscape
plan and donate it to the City. The Oak Tree is to be relocated to a public area at no expense to
the City.
9. All utilities on site including SUA valves and FP&L equipment shall be screened from public
view with landscaping.
Engineering
1. Applicant shall copy to the City all permit applications, permits, certifications and approvals.
(City Engineer)
2. Applicant shall provide all necessary construction zone signage and fencing as required by the
City Engineer. (City Engineer)
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
3. Prior to construction plan approval and the issuance of the first land alteration permit applicant
shall provide a cost estimate for the project, including public infrastructure and all landscaping
and irrigation costs for review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect registered in the state
of Florida. Surety will be based on 110% of the total combined approved cost estimates and
shall be posted with the City, prior to the issuance of the first building permit. In accordance
with Section 78-309 & 78-461 of the LDR. (City Engineer)
4. Prior to issuance of the first land alteration permit, the applicant shall prepare a plat, which shall
be approved by the City and recorded. (City Engineer)
5. Prior to construction plan approval and the issuance of the first land alteration permit, applicant
shall provide cost estimates in accordance with LDR Section 78-309 and 78-461 and for on-site
project improvements, not including public infrastructure, or landscaping and irrigation costs for
review and approval by the City. The cost estimates shall be signed and sealed by an engineer
and 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)
6. The construction, operation and/or maintenance of any elements of the subject project shall not
have any negative impacts on the existing drainage of surrounding areas. If, at any time during
the project development, it is determined by the City 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 a manner acceptable to the City prior
to additional construction activities. (City Engineer)
7. Prior to issuance of the first land alteration permit, applicant shall submit signed/sealed/dated
construction plans (paving/grading/drainage and waterhewer) and all pertinent calculations for
review and comment. (City Engineer)
8. Applicant shall comply with any and all Palm Beach County Traffic Division conditions as
outlined in PBC Traffic Division equivalency and concurrency approval letters dated June 22,
2007, McMahon Associates, Inc., comment memorandum dated October 9, 2007. (City
Engineer)
9. Prior to construction plan approval and the issuance of the first land alteration permit, applicant
shall schedule a pre-permit meeting with City staff. (City Engineer)
10. Prior to the issuance of the first land alteration permit the applicant shall provide to the City
letters of authorization from the applicable utility companies allowing landscaping and light
poles to be placed within the utility easements. (City Engineer)
11. Applicant shall notify the City’s Public Works Division at least 10 working days prior to the
commencement of any worMconstruction activity within any public right-of-way within the City
of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at least five
working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the
Building Division. Failure to comply with this condition could result in a Stop Work Order of
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
all work/construction activity within the public right-of-way and the subject development site. 0 (Public Works)
Police
1.
2.
3.
4.
5.
Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed.
All exterior pedestrian walkway lighting shall utilize 12-foot pedestrian scale light poles,
and all on-site lighting shall consist of metal halide or equivalent lighting approved by the
Police Department and, shall not conflict with planted landscaping. The luminaire type should
optimize light distribution and minimize glare and up lighting. (Police Department)
Landscaping shall not obstruct the view from windows or walkways. Ground cover should
not exceed 24” in height, and high branched trees should be trimmed to seven feet. (Police
Department)
Prior to the issuance of the first Certificate of Occupancy for the building, the Applicant
shall provide photocell sensor engaged lighting, “dusk to dawn”, above or near entryways,
on all four sides of building and adjacent sidewalks for said building. (Police Department)
Prior to the issuance of the first Certificate of Occupancy for the Riverside Self Storage
building all entry doors (non-glass single/double) shall be equipped with astragal over the
threshold of the locking mechanism and case hardened deadbolt locks shall be provided on
all exteriodinterior doors with a minimum one (1) inch throw or mechanical interlock..
Doors secured by electrical operation shall have a keyed-switch or signal locking device to
open the door when in the locked position. Exterior doors should have a holding force of at
least 10001bs. Door hinges shall employ non- removable hinges, and the main entries to the
building shall be wired for closed-circuit digital camera surveillance system. (Police
Department)
Prior to the issuance of the first building permit, the Applicant shall submit a construction
site security and management plan for review and approval by the Police Department. Non-
compliance with the approved security and management plan may result in a stop-work
order. (Police Department)
a. The developer/project manager after site clearing and placement of construction
trailers shall institute security measures to reduce or eliminate opportunities for theft.
The management plan shall include, but not be limited to, temporary lighting,
security personnel, vehicle barriers, constructiordvisitor pass, reduce/minimize
entry/exit points, encourage sub contractors to secure machinery, tools at end of
work day and/or any other measure deemed appropriate to provide a safe and secure
working environment.
b. The security management plan shall be maintained throughout the construction
phase of the project. Non-compliance with the approved plan shall result in a stop-
work order for the entire planned unit development.
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
6. Prior to the issuance of the first Certificate of Occupancy for the building, all numerical
addresses shall be placed at the front and rear of each building. Each numerical address
shall be illuminated for nighttime visibility, with an unintermptible A.C. power source, shall
consist of twelve (12) inch high numbers, and shall be a different color than the color of the
surface to which it is attached. The rear door(s) of the building shall have an illuminated 6
inch number on or along side the door. (Police Department)
7. Prior to the issuance of the first Certificate of Occupancy, buildings with a total square footage
of at least 10,000 square feet shall have roof top numbers placed parallel to the addressed
street, only visible from the air. The numerals should be blocked lettered, weather resistant
material, four feet in height and 18 inches wide. (Police Department)
8. The Applicant shall ensure there is natural surveillance of the site by incorporating the
following techniques into the site and landscape design.
a. Provide landscaping that does not create hding spaces.
b. Provide clearly marked transitional zones that indicate movement from public to semi-
public through use of brick pavers.
c. Windows and exterior doors should be visible from parking area,
d. If practical, designate separate parking area for employees
e. Parking areas should be visible fiom windows not blocked by landscaping.
f. Allow shrubbery to be no more than two feet hgh for clear visibility in vulnerable
areas.
9. The Applicant shall target harden all structures, to include but not limited to:
a. Building shall be wired for an alarm system.
b. Doors shall be equipped with metal plate over thresh- hold of the locking mechanism.
c. Interior doors to offices shall have 180-degree peephole viewers or a vision panel.
d. Case hardened commercial grade dead bolt locks shall be installed on all exterior doors with
minimum of one inch throw into the strike receiving the bolt. The cylinder shall have a
cylinder guard and a minimum of five-pin tumblers.
e. Door hinges shall be installed on interior side of door or non -removable
hinge pins or a mechanical interlock to preclude removal of door from the exterior.
f. Doors secured by electrical operation shall have a keyed-switch to open the door when in a
closed position, or by a signal locking device.
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
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Glazing in interior doors, or 40 inches within of any locking device shall be rated burglary
resistant glazing.
Enhance natural surveillance of restrooms by placing them in central areas and install maze
entrances; avoid double door entry systems.
It is strongly recommended a digital CCTV system be installed to monitor all vehicle and
pedestrian activity including loading docks.
Bicycle racks should be placed in close proximity to buildings and not within parking lots.
All hatchway openings to roof shall be secured from inside with a slide bolt or slide bars.
Outside hinges shall be equipped with non-removable pins.
Exteriorhnterior pedestrian doors which provide access into parking lots shall be solid core
with burglary rated vision panels and where applicable emergency doors shall have no
exterior handles. Panic hardware shall have self locking mechanism, may have one locking
point and shall have a protective astragal attached to the exterior of the door.
Loading dock doors should have two lock receiving points; if slide bolts are utilized they
should have a minimum %” bolt diameter and protrude at least 1 - 1/2” into the receiving
guide.
Digital Video Recording system shall be installed, mounted cameras in industrial housing,
shall be placed to record coming and going of tenants, placed at elevator doors, all egress
and ingress points and hallways on each level of structure.
Each self storage unit shall be alarmed; use of access code disarms their unit alarm and
records the time and date. Wireless systems are more difficult to detect require less
maintenance. Utilize cylinder or disc locks rather than traditional pad locks.
Interior hallways need to have ample lighting eliminating dark comers, should consider
intercom system for added safety.
Limit access to facility from 5am-9pm to deter criminal activity.
Utilize customer screening system, including background checks and driver license photo.
WWW.investiPative.net or similar sites provide users free public records searches,
Elevator shall have shatter resistant reflective material so placed as to make interior of cab
visible to users before entering elevator.
Stairwells shall have shatter resistant convex mirrors at each landing and enclose or restrict
access to areas beneath stairway at ground level.
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Date Prepared: January 30,2008
Meeting Date: February 26,2008
Petition: PPUD 07-02-000013
Miscellaneous
1. Required digital files of the approved plat shall be submitted to the Planning and Zoning
Division prior to the issuance of the first Certificate of Occupancy, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the first
Certificate of Occupancy. (GIs Manager, Development Compliance Office).
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~
Cotleur & Hearing 0 December 26,2006
Revised Friday June 15,2007
Revised Wednesday January 15,2007
Revised Friday February 08,2008
Klock Property Office Building
Petition Narrative
General Project Description
The Klock property is a three (3) acre property located on the north side of Burns Road,
just west of the 1-95 overpass and across the street from the Weiss School. The
property possesses an Industrial zoning designation and consistent M 1 comprehensive
future land use map designation. The parcel is surrounded by properties with identical
land use and zoning designations with the exception of the property to the west, which
is owned by the City of Palm Beach Gardens and has a Public/Institutional (PI) zoning
designation.
The Applicant is proposing to develop a professional office use, permitted by code, on
the 3.01 acre parcel. The building is planned to be three-stories in height and shall
comply with the maximum fifty (50) foot height requirement. The overall building
square footage shall be 48,000 square feet. One-hundred and sixty-one (161) parking
spaces are required for this site by code and the Applicant has provided 162 parking
spaces. , The parking shall not exceed the permitted 10% overage as outlined in LDR
Section 78-345(d)(l), which allows for overages as per approval from the Growth
Management Director. Five (5) handicap spaces are included within the parking total.
The open space program provides for greater than 45,000 square feet (34%) of open
space, beyond the 15% required by code. Landscape buffers surround the perimeter of
the site, including a twenty (20) foot buffer along the frontage on Burns Road. The
minimum required foundation planting has been provided around the proposed building,
at a minimum width of ten (10) feet for a three-story building, required by code.
Complete vehicular circulation has been provided through out the site. The proposed
plan depicts two ingress/egress points. The site can be entered from both Burns Road
and the concrete drive leading to the City baseball fields and City Hall along the west
side of the site (drive also connects to Burns Road). Traffic can circulate around the
entire building and parking has been situated to prevent "dead-ends". A covered vehicle
drop-off area has also been provided at the entrance of the building facing Burns Road.
A pedestrian connection has been provided from Burns Road into the site. The sidewalk
connects the Office Building use to the public sidewalk located on Burns Road. The
pedestrian circulation system wraps around the building and provides access to both
first-floor points of entry. This is required due to the Florida Building Code and is the
basis for one of three waivers requested by the Applicant.
Cotleur & Hearing FEB 08 20ga
0
Klock Property Office Building
Pre-Amlication Narrative
Signage:
Building signage shall be applied for by way of a Miscellaneous Petition for Master Sign
Program approval at a later date. 0
A monument sign has been requested as part of this petition and is required to be
approved by way of a waiver due to the lack of property frontage.
Stacking Distance:
The Petitioner shall seek the approval of the City Engineer to reduce the listed minimum
100 feet of stacking distance for the principal entrance from Burns Road. The proposed
stacking distance to the first point of conflict measures 93.4 feet. Approval of the
reduced Stacking distance along Burns Road is justified due to the free flow into the site
and the stop conditions that will be established for east and west traveling traffic exiting
the site. The west entrance is accessed from a private driveway and is exempt from the
stacking distance requirement. This is evident in the City’s parking layout and lack of
stacking distance within their parking lots located adjacent to the west and north of the
subject site.
Architecture:
The architecture of the structure will be compatible with the character and architectural
flavor of the existing buildings along Burns Road. The proposed layout of the building
will include an articulated central entry with an accessible elevator. Staircases will be
located at both ends. The modern Mediterranean appearance is in keeping with this type
of professional office use and includes both vertical and horizontal articulation through
building design and treatment. Specific treatments include pilasters, outriggers, metal
pergola with columns, balconies and railings, varied rooflines, clay barrel tile roofing and
the use of a dual color finish. The result is a formal appearance with repetition of
elements that juxtapose this building with the Mediterranean architecture that exists at
the City Hall building to the northwest and the Weiss School across Burns Road.
Pedestrian Circulation & Amenities:
A minimum five (5) foot wide pedestrian sidewalk has been provided from Burns Road
into the site. The sidewalk also extends around the entire building allowing pedestrians
access to the two points of entry from any parking area within the property. Specialty
pavers and/or concrete treatment shall be used for pedestrian crossings and for all
pedestrian surfaces in accordance with all applicable Americans with Disabilities Act
requirements. Multiple bicycle racks, benches and trash receptacles have been provided
around the building for the convenience of employees, clients and visitors to the site
(see site data for exact number of above referenced amenities).
Vehicular Circulation, Parking & Loading:
All vehicular drives throughout the site are two-way and twenty-five (25) feet width,
with parking spaces at the permitted 9.5 feet width by 18.5 feet length. A pick up/drop-
off area that is not under-cover is provided for convenient access to the building during
times of inclement weather. Terminal islands radii within the expected path of
emergency vehicles are a minimum of 20 feet. The total required parking for the
development at 48,000 square feet is one hundred and sixty (160) parking spaces. The
Cotleur & a
Hearing 2
Klock Property Office Building
Pre-A Ddication Narrative
Petitioner shall not exceed the allowed 1Oo/o overage in the total parking provided on-
site. The site plan includes one hundred and sixty one (161) parking spaces.
Landscaping & Buffers:
All LDR required landscape buffers have been provided along each side of the
rectangular site. No parking overhangs into the required buffers and plantings within
the buffers shall be in excess of the amount of plantings required by the City's LDRs.
Foundation planting areas shall adhere to the 30% requirement for width and height to
ensure trees at the time of planting sufficiently cover the adjacent walls of the building.
Due to the horizontal articulation in the building design the foundation planting area
ranges from 9-13 feet. To comply with CPTED principles of design, trees and shrubs
shall be strategically planted and maintained so as to provide to the maximum extent
possible clear sight lines to the parking areas around the property.
Consistency with City's Comprehensive Plan
Future Land Use
Goal 1.1
Ensure a high quality living environment through a mixture of land uses that will
maximize Palm Beach Gardens' natural and manmade resources while minimizing any
threat to the health, safety, and welfare of the City's citizens that is caused by
incompatible land uses and environmental degradation.
Development of the now vacant property would provide employment opportunities
within this redeveloping area of the City. The close proximity of the property to City Hall
will create synergies between the public and private sector with respect to the potential
tenants who will locate in this premier ofice space. The proposed Professional Ofice
use is consistent with the vision of the PGA Corridor as an employment center and with
the City's Comprehensive Plan which seeks opportunities for local employment.
Transportation
Goal 2.1
The transportation system in Palm Beach Gardens shall be convenient, safe, and
efficient for all persons living in and traveling through the city.
The proposed project has Palm Beach County concurrency s@n off for up to 48,000
square feet and complies with the County's Trafic PeMormance Standard (TPS)
requiremenh for trafic generation. The site is located within one half mile of a public
transportation stop.
Housing
Goal 3.1
The provision of an adequate mix of safe and sanitary housing which meets the needs of
existing and future Palm Beach Gardens' residents.
Not applicable as the project is Professional Ofice.
Infrastructure
KIock Property Ofice Building
Pre-A Ddication Narrative
Provide adequate central sanitary sewage faculties for residents and commercial
development in the City.
A sanitary sewer plan shall be developed and approved by the Ciry of Palm Beach
Gardens before permits are released. The site has been sewiced with the previous
industnal use, therefore suficient service exists for the proposed Professional Ofice use.
Goal 4.8.1
Provide access to solid waste management and disposal facilities for the City of Palm
Beach Gardens through the planning period of Year 2015.
7he site will be serviced by waste management and the applicant has provided the
necessary disposal faciliiies on site- A dumpster with recycling has been hrnished at
the northeast corner of the site.
Goal 4.B.2
Develop and implement a hazardous material management plan for the City
7313 goal is not applicable because the commercial use will not generate hazardous
material.
Goal 4.C.l
Provide adequate city-wide drainage and stormwater management for all property in the
City.
A conceptual drainage/stormwater management plan has been developed and final
engineering plan shall be approved by the Qty before permits are released. The project
specifies a 0.37 acre dry retention area to accommodate staged storage.
Goal 4.D.l
The provision of a safe, healthy and dependable potable water supply to all residents
and businesses in the City.
Not applicable, the property is already connected to and serviced by Seacoast Utiliv
Authority. New easements and connections shall be developed and water demand shall
be re-analyzed for the Professional Ofice use which is proposed to be a total of 48,000
square feet.
Goal 4.D.2
The conservation and protection of public drinking water supplies.
The applicant will conserve and protect public drinking water by implementing best
management efforts throughout the development process.
Goal 4.E.1
Increase groundwater recharge where practicable.
Cotleur 81
Hearing 4
Klock Property Office Building
Pre-A DDlication Narrative
A significant portion of the north end of the subject site is proposed to be set aside for
the recharge of groundwater through an on-site retention area. Jhe area set aside for
groundwater re-charge will meet the requirements of the South Florida Water
Management District.
Coastal Management
Goal 5.1
Ensure social, economic, and environmental resources of the Palm Beach Gardens
coastal area are maintained and enhanced through the regulation of development
activities that would damage or destroy such resources, or threaten human life and
cause unnecessary public expenditures in areas subject to destruction by natural
disasters.
Not applicable because the project location is not in close proximity to a coastal area.
Conservation
Goal 6.1 The natural resource of the City of Palm Beach Gardens shall be preserved or
managed in a manner which maximizes their protection, functions, and values,
This element I3 not applicable as this 13 an existing developed propetty. The applicant is
proposing to add significant amounts of native vegetation to the site by conforming to
the City's landscape code.
Recreational and Open Space
Goal 7.1
Adequate recreation and open space facilities and areas offering a broad range of
activities, convenient access, appropriate improvements, and sound management shall
be provided to all citizens of Palm Beach Gardens with active and passive recreation
opportunities in the interest of personal health, entertainment, and constructive use of
leisure time.
Jhis element I3 not applicable due to the site being commercially zoned.
Intergovernmental Coordination
Goal 8.1
Establish effective coordination measures among all pertinent public and quasi-public
entities so to best maintain Palm Beach Gardens' quality of life and efficient use of
resources.
Jhe applcant will need to request project review by Palm Beach County, Seacoast Utility
Authority and other pertinent publc and quasi-public entities to assist the fityls
approval.
Capital Improvements
Cotleur & a
Hearing 5
Klock Property Office Building
Pre-A Ddication Narrative
SIGNS - SIGN
PROGRAM
Goal 9.1
Palm Beach Gardens shall use sound fiscal policies to provide adequate public facilities
to all residents within its jurisdiction. Fiscal policies must protect investments in exiting
facilities, maximize the use of existing facilities, and promote orderly, compact
development.
Ground sign Request to provide Relief of 40 feet for
permitted with one ground sign with the provision of a
Section 78-285 minimum 300 feet of maximum frontage of ground sign for the
(table 24) property frontage 260 feet proposed stand
The applicant will pay impact fees based on the proposed use and size of the project.
These fees will be put towards public facibties for the residents of the Ow.
Public Safety
Goal 10.1
Continue to provide adequate facilities to ensure the provision of an effective public
safety program.
The applicant shall abide by all pubbc safety requirements ksued by the Ow, including
CPTED and Fire Services requirements
Public School Facilities Element
Goal 11.1
It is a goal of the City of Palm Beach Gardens to assist in providing for future availability
of public school facilities consistent with the adopted level of service standards. This
goal shall be accomplished recognizing the constitutional obligation of the school district
to provide a uniform system of free public schools on a countywide basis.
I
Not applicable as the project is Professional Ofice.
Economic Development
Goal 13.1
The economic goal of the City of Palm Beach Gardens is to achieve a balanced and
diversified economy which is compatible with the City's quality built environment and
protects important natural resources.
The proposed use will promote economic development in the Ow by providing
Professional Ofice space for corporate useB, locally.
Waivers Requested
The petitioner is requesting three (3) waivers from section 78-285 of the City's LDRs:
. ALLOWANCE I
Klock Property Ofice Building
Pre-Application Narrative
FOUNDATION
PLANTING
MINIMUM
LANDSCAPE
BUFFER AND
PLANTING
REQUIREMENTS
Section 78-
31 9(b)(3)
Foundation
planting width to be
30% of adjacent
wall height (12.75
feet required)
Spacing. The max.
spacing of planting
trees shall be 60
feet along any
perimeter buffer
Reduction of
foundation
plantings in limited
areas to a
minimum of 8 feet
Requesting
spacing of 79.5
feet along the site
retention area
alone building
Reduction of 5
feet in limited
areas due to FBC
required sidewalk
access to Burns
Road and
extensive
architectural
revisions
Relief of 19.5 feet
in tree spacing in
limited area of the
perimeter due to
SUA force main
and off-site trees
providing
sufficient buffering
Justifications for Four (4) Waiver Requests
1, Signs - Sign Program
The request is to allow for a ground sign to be located at the project entrance.
The property is being developed with a 48,000 square foot stand-alone
professional ofice building. The minimum frontage required for a permitted
ground sign is 300 linear feet. The property measures a total length of 260
linear feet. Due to the stand alone nature of the development and the
recreational use located to the west of the property, the request to allow for a
ground sign is appropriate and will in no way add to the proliferation of signage
in the immediate area. The ground sign is requested for safety purposes to
allow approaching drivers of the exact location of the project entrance for clients
and patrons of the office tenants.
2. Reduced Foundation Planting Width - Waiver to allow for a reduction
in foundation plantings in limited areas to a minimum of eight (8) feet.
The Applicant is requesting the approval of a reduction in the minimum
foundation planting requirement in limited areas around the building based on a
Florida Building Code requirement that specifies that unobstructed pedestrian
access be granted from all points of egress to a public right-of-way. In this
instance the rear egress door (north elevation) requires a sidewalk that allows
for safe pedestrian access around the building to the public sidewalk located on
Burns Road. The Applicant has also made extensive modifications to the
architecture of the building at the request of Planning Staff which created
significant articulation in the wall, thus creating enhanced architectural
aesthetics. Those areas that are not reduced in width exceed the 12.75 foot
minimum width requirement and are 13 feet in width. In additiona the applicant
has provided additional planting area at the front of the project, significantly
scaling back the hardscape areas to include more plantings and has also
increased the groundcover areas along the east property boundary effectively
Cotleur &
Hearing 7
0
Klock Property Ofice Building
Pre-Auulication Narrative
lowering the sod area for the project to under 40% (to 36% total). The request
will allow for all required plantings required adjacent to the building (no
reduction in size or quantity of material).
3. Increase Spacing of Perimeter Plantings (Limited Area) - Waiver to
allow for an increase in spacing between perimeter landscaping along
a limited portion of the perimeter buffer.
The Applicant is requesting the approval of an increase in the spacing of trees
along a limited area of the perimeter buffer to accommodate the on-site
retention and the existing Seacoast Utility Authority force main located along the
property boundary. The Applicant has reduced the need for this waiver to the
greatest extent possible and only requires relief in the north east corner of the
property in a limited area. The request is for spacing of trees to be 79.5 feet in
this area versus the required 60 feet spacing. Large mature Live Oak trees exist
off-site, adjacent to this area which provides for sufficient buffering between the
two uses. The nominal increase in spacing will in no way affect the overall
appearance of the site and/or reduce the buffering of the use as the landscaping
is well in excess of the code requirements.
Conclusion
This request for a Planned Unit Development approval for a Professional Office
development is in harmony with the City’s Comprehensive Plan and Zoning Code, and is
consistent with the existing surrounding land uses. The subject site is an infill site,
which is encouraged by the City’s Comprehensive Plan. In addition, the request meets
all adopted levels of service within the City. The Applicant is requesting three (3)
waivers which are minimal in nature. The Applicant looks forward to meeting with City
representatives to discuss the revisions and improvements to the site plan and respond
to any outstanding comments or issues that staff may have. The Applicant is requesting
that Staff re-review the re-submittal expeditiously to allow this petition to move forward
to public hearing upon certification from Growth Department Staff.
Cotleur & a
Hearing 8
BOW€ Engineering Excellence Since 1942
3550 SW Corporate Parkway Palm City, Florida 34990
772.286.3883 Fax 772.286.3925 www.bovleenuineerinu.com
Employee Owned
Memorandum
File # 16465
TO: Stephen Mayer
FROM: Jim Orth, P.E. e
DATE: October 23, 2007
Fyt
SUBJECT: Klock Property
Traffic Impact Statement
CITY OF PAlM BCH GDNS
OCf 3 1 2007
PMNING W ZONING DIV
The City’s traffic consultant, McMahon Associates, Inc., has completed their review of the Traffic
Impact Statement prepared by Cotleur Hearing Inc. dated August 20,2007 and received August 23,
2007 pursuant to the Palm Beach County Traffic Performance Standards for the above referenced
project. They have provided the following comments:
All the previous comments have been addressed and the project can be approved for traffic
concurrency. The Approval is for the replacement of the existing warehouse/office building with a
new office building as follows:
Existing: Warehouse: 15,237 square feet
General Office: 8,204 square feet
Proposed: General Office: 48,000 square feet
A copy of McMahon Associates, Inc. comment memorandum dated October 09, 2007 is attached. A
copy of Palm Beach County Traffic Division’s comment memorandum will be forwarded upon receipt.
If you have any questions or require additional information, please do not hesitate to contact me at (561)
799-4288.
JRO/lrk
cc: Kari Irwin - Palm Beach Gardens (kinvin @pbgfl.com)
John Kim - McMahon Associates - (john.kim@mcmtrans.com)
Masoud Atefi - PBCTD (matefi @co.palm-beach.fl.us)
McMAHON ASSOCIATES, INC.
7741 N. Military Trail I Suite 5 1 Palm Beach Gardens, FL 33410
www.mcrntrans.com
p 561-840-8650 I f 561-840-8590 CMAHON
TO:
TECHNICAL MEMORANDUM
James R. Orth, P.E., Assistant City Engineer
City of Palm Beach Gardens
FROM: John P. Kim, P.E., PTOE, Senior Project Manager
PRlNClPALS
Joseph W. McMahon, P.E.
Rodney P. Plourde, Ph.D., P.E.
Joseph J. DeSantis, P.E., PTOE
John 5. DePalma
William T. Steffens
ASSOCIATES
Casey A. Moore, P.E.
Gary R. &Naughton, P.E., PTOE
John J. Mitchell, P.E.
Christopher J. Williams, P.E.
John F. Yacapsin, P.E.
Thomas A. Hall
SUBJECT Klock Property Traffic Impact Statement - 2nd Revision
McMahon Project No. M05159.53
DATE: July 6,2007
McMahon Associates, Inc. (McMahon) has reviewed the revised Klock Property Traffic Impact
Statement (TIS) submitted by Simmons & White, Inc., dated May 30, 2007. A response letter
was not included with the revised traffic study. Future submissions of revised studies will not
be reviewed unless accompanied by a letter identifying the previous comments and the manner
in which they were addressed. Since no response letter was provided, the entire study was
reviewed. Based on the information provided, McMahon has the following comments:
1. A radius of influence (ROI) map must be provided for this study.
2. The developer needs to provide proof that the business had, indeed, been in operation
within the previous five-year period per PBC County vesting guidelines. The building
appears to have been in disrepair for a considerable amount of time.
3. The project traffic used in the CMA worksheet provided for Burns Road/SR-811 does not
match the project trips shown in Tables 8 and 9. The developer’s consultant needs to
include a traffic assignment figure that indicates future traffic within the project’s ROI.
McMahon cannot approve the traffic study until all of the comments have been sufficiently
addressed. Please contact me with any question you may have concerning this review.
JPKDE: jh
cc: Dan Clark, P.E. - Boyle Engineering, Inc.
0 F:\ FL\ 05159m\05159m-53 - Klock Property\ Admin\ Klock Property 070307.doc
MA Boston PA Fort Washington I Exton I Mechanicsburg NI Yardville FL Palm Beach Gardens 1 Fort Lauderdale I Fort Myers I Miami
June 22,2007
Department of Engineering
and hblic Works
EO. Box 21229
West Palm Beach, R. 33416-1229
(561) 684-4000
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Mdie L Greene. Chairperson
eff Koons. Vice Chair V Karen T. Marcus
Warren H. Newell
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
*An Equaf opprtuniy
Afliahw Achon EmpIayer ”
Ms. Judy A. T. Dye
Assistant City Engineer
Cityof Palm Beach Gardens - LBFH Inc.
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
RE: Klock Property - Revised Plan
Project #: 070425
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Traffic Division has reviewed the traffic study for the revised
development p,@ of ?he preViOUSly approved office project entitled Mack Property
pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County
Land Development Code. The project is summarized as follows:
Location:
Municipality:
PCN #:
Existing Uses:
Prev. Approval:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-Out:
North side of Burns Road, between 1-95 and Military Trail.
Palm Beach Gardens.
8,204 SF General Office and 15,237 SF Warehouse - to be
demolished.
42,200 SF General Office.
48,000 SF General Office.
487
58 AM and 65 PM
201 1
18-42-42-1 2-00-000-1 080
Based on our review, the Traffic Division has determined that the proposed office project
meets the Traffic Performance Standards of Palm Beach County. No building permits
are to be issued by the town, after the build-out date, specified above. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic
Performance Standards Ordinance.
If you have any questions regarding the above comments, please contact me at 684-
4030.
Sincerely,
CC: Simmons &White
File: General - TPS Mun. Traffic Study Review
F:\TRAFFIC\ma\Adrnin\Approvals\2007\070425.doc
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: December 26,2007
Meeting Date: February 26,2008
Petition No. MISC-07-12-000038
Subj ect/Agenda I tern:
Prosperity Centre Planned Unit Development (PUD) MISC-07-12-000038: Signage Amendment
Recommendation to City Council: A request by Larry Presley, of Bell Sign, on behalf of
Equity One (Florida Portfolio 2000), Inc., to allow for modifications to the signage criteria and
revisions to the monument signs for the PUD. The Prosperity Centre PUD is approximately
10.79 acres and is located along the south side of PGA Boulevard between Prosperity Farms
Road and Kidd Lane.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Manager
Planning
City Attorney
Christine Tatum
Originating Dept.:
Growth Management:
Project
Senior Planner
Development
Compliance ,@ CJ
Bahareh Wolfs, AI
[XI Quasi - Judicial
[ 3 Legislative
Advertised:
[ XI Not Required
Date: N/A
Paper: N/A
srt
Ronald M. Ferris
City Manager
Affected parties:
[ ]Notified
[XI Not Required
FIN AN C E :
Costs: $--NlA
‘Total
$.- N/A
Current FY
Funding Source:
[ 3 Operating
[XI Other-NA
Budget Acct.#:
NA
PZAB Action:
[ ]Approved
[ 3 App. wl conditions
[ ]Denied
[ 3 Rec. approval
[ 3 Rec. app. w/ conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
Project Narrative
Ordinance 32, 1988
Resolution 90, 1993
Reduced Plans
Federally Registered
Trademark
Documentation
Date Prepared: December 27,2007
Meeting Date: February 26,2008
Petition No. MISC-07-12-000038
EXECUTIVE SUMMARY
The subject petition is a request for approval of a modification to the approved colors for tenant
signage on the former Barnes and Noble building located within the Prosperity Centre Planned
Unit Development (PUD). The Applicant also proposes to modify the existing monument signs
for the shopping center to include three tenant identification panels. The Applicant’s proposed
modifications to the monument signs are consistent with the City’s Land Development
Regulations and do not require any additional waivers. Staffsupports the Applicant ’s request.
BACKGROUND
On October 20, 1988, the City Council adopted Ordinance 32, 1988, which approved the
development order for Prosperity Centre (PUD). Ordinance 32, 1988 was subsequently amended
by Resolution 74, 1993, which approved modifications to the site, landscape and lighting plans.
Three months later, the City Council adopted Resolution 90, 1993, which amended Ordinance
32, 1988, and approved uniform sign criteria, one additional sign for the Barnes and Noble
Building, and changes to the colors of the buildings and structures on-site.
LAND USE & ZONING
The subject site has a zoning designation of General Commercial (CG-l)/Planned Unit
Development (PUD) Overlay and Future Land-Use and Vision Map designations of Commercial
(0 0 SIGNAGE REOUEST
Tenant Sinnane Request
Resolution 90, 1993, Exhibit “C”, states that all tenant signs are to be white. The Applicant
requests to amend this restriction in order to use their corporate colors. City Code Section 78-
286, allows for federally registered trademarks to be incorporated into the design of tenant
signage. The Applicant has supplied documentation from the United States Patent and
Trademark Office demonstrating the corporate colors and font are federally registered.
Furthermore, Exhibit “A” contained within Resolution 90, 1993, requires that all other tenant
signs (excluding the anchor tenants) are to be red. Staff believes that the Applicant’s request to
use their corporate color (red) will be compatible with the rest of the shopping center.
Monument Siznage Request
In addition to the tenant signage request, the Applicant is seeking approval of modifications to
the existing monument signs on-site. The Applicant proposes to revise the existing signs to
include space to identify three tenants. This request is consistent with City Code Section 78-285
and does not require a waiver. Furthermore, the Applicant does not propose to relocate or
increase the number of existing monument signs for the shopping center.
2
Date Prepared: December 27, 2007
Meeting Date: February 26, 2008
Petition No. MISC-07- 12-000038
STAFF RECOMMENDATION 0
Staff recommends approval of Petition No. MISC-07- 12-00003 8 with the following condition:
1. Prior to scheduling for City Council, the Applicant shall revise the graphics submitted to
exclude the window signage and the "twenty-four hout' logo from the exterior building
elevations. (Planning & Zoning)
3
CITY PALM BEACH GARDENS
DEVELOPMENT APPLICATION
h FOR OFFICE USE ONLY
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request :
- Planned Community Development (PCD)
- Planned Unit Development (PUD)
- /Amendment to PCD, PUD or Site Plan - Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval - Miscellaneous
- Administrative Appeal - Other
- Annexation
- Rezoning
- Site Plan Review
- Concurrency Certificate - Time Extension
~ Date Submitted:
Project Name: C- i tu 0- .enAre.
Petition Number:
Fees Received I Date & Time Received:
Application $ Engineering
Receipt Number: I $
I
I , r. I :*:. ~. Architect: PhoneNumber: I. ; I ,
Phone Number:
Phone Number: , ,, . .h ,& ,- vt-.h tw
0 Engineer:
Planner:
Landscape Architect: Phone Number:
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location:
cC? Lm-&nn FI. 33$Q
Section: Township: Range:
Property Control Number@):
Acreage:
Flood Zone
Current Comprehensive Plan Land Use Designation:
Existing Land Use:
Proposed Use(s) i.e. hotel, single family residence, etc.:
Current Zoning: c k, 1 0 p k.. -Requested Zoning:
Base Flood Elevation (BFE) -to be indicated on site plan
Requested Land Use:
Proposed Square Footage by Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request: Udc.
CVS is requesting an amendment to the Resolution 90, 1993, which was an
amendment to Ordinance 32, 1988. The resolution CVS is proposing is minimal in
nature and is as follows:
1.
2.
3.
a.
b.
C.
CVS is requesting the use of the official trademark color of red for the building
signage. As most stores in Prosperity Centre have red signage and by allowing
CVS to also display the red signage, the center will appear to be uniformed.
Due to having no existing signage on PGA Blvd, CVS cannot be seen from the
road. Also due to the existing landscape the existing signage does not provide
adequate visibility to the location for motorists. For these reasons, CVS is
requesting additional signage for the building and to replace the current
monuments to add tenant panels.
The request for the color change and signage is as follows:
Add 24” CVS/pharmacy and a 2’ 24 Hours cabinet to the South Elevation.
Letters to be #2793 Cardinal Red.
Add 24” CVS/pharmacy and a 2’ 24 Hours cabinet to the North Elevation.
Letters to be #2793 Cardinal Red.
Remove existing 18’’ Minute Clinic channel letters from the center of the North
Elevation and decreasing the size of the new sign to an 18” logo w/ 8” letters to
the left side of the same elevation to be centered inside the archway over the
entrance. The colors for the Minute Clinic signage to be 3630-337. Process Blue
and the bottom left portion of the logo to be 3630-53 Cardinal Red.
nllA 2. What will be the impact of the proposed change on the surrounding area?
3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements
of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infiastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-30 1 , Land Development Regulations)?
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
261, Land Development Regulations)?
MIA
6. Has project received concurrency certification?
Date received:
Legal Description of the Subiect Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
A.
Location
The subject property is located approximately mile(s) from the intersection of
, on the north, -east, -south west side of 9- -
(streethoad).
EQUITY ONE, INC. 0
The Supermarket REIT" October 26th, 2007
To: City of Palm Beach Gardens
Building Official
From: Equity One (Florida Portfolio), Inc.
1600 NE Miami Gardens Drive
North Miami Beach, FL 33 179
This is to advise that I hereby give permission to Tenant:
CVS Pharmacy #5141
2410 PGA Blvd.
Palm Beach Gardens, FL 33408
Who is my tenant at Prosperity Centre located at 2410 PGA Blvd. in Palm Beach
Gardens, Florida, to apply for the sign permit for the installation of their storefront sign
and monument sign, provided said work meets all required building codes. Equity One
(Florida Portfolio), Inc. authorizes Bell Signs, Inc. to act as our agent to apply for
permitting for this job. If you have any further questions, please contact Property
Manager, Lissette Rivera, at our West Palm Beach office at (561)625-4655.
p-,fji? 14.1 a' OK'E > I<<::!,! ,y \I:I,<:;p :rlt :!f ).I \F, 1°C.
Ken Choquette &c)t! 4 ,%i(iy<&'ne
Vice President of Construction L;, ~ P,~ ,,J~,~, <1~ r umlitim
'I
I600 North East Miami Gardens Drive North Miami Beach, FL 33 I7 05-947- I 734 EQY tmm NYSE Offices in. Miami Atlanta Boston * Texas
www.equityone.net
Applicant's Certification
0 I/We affirm and certify that Wwe understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on
any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further,
I/we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:
- Owner
- Optionee
- Lessee
dAgent
Signature c!d Applicant 6
l-ami Pw s\S,~ 1
Print Namk of Applicant '
1200 A-,fp.
Street Address
850-7b3 - l\X4
Telephone Number
- Contract Purchaser v- - .. ~(2- u-~a~~
Fax3umber
V' 4' lctober 20, 1988
ORDINANCE 32, 1988
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS.
FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT
ON CERTAIN LANDS LOCATED WJTHIN THE CITY TO BE
KNOWN AS "PROSPERITY CENTRE" WITH PERMITTED
USES THEREOF TO BE AS DESIGNED IN CG-l GENERAL
COMMERCIAL DISTRICT, SAID LANUS BEING DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF; PROVIDING FOR PAYMENT BY THE DEVELOPER
MENT FUN0 ACCOUNT AND ROAD IMPROVEMENT FUND OF
THE CITY AN0 METHOD OF PAYMENT; REQUIRING THAT
THE LANDS DESCRIBED IN EXHIBIT "A" SHALL BE
DEVELOPED IN ACCORDANCE WITH THE SITE PLAN
PREPARED BY MUDANO ASSOCIATES ARCHITECTS, INC.,
SISTING OF FOUR (4) SHEETS AND ATTACHED HERETO
AS EXHIBIT ltApf: PROVIDING THAT PRIOR TO THE
ISSUANCE OF THE FIRST BUILDING PERMIT THAT
DEVELOPER POST EITHER A PERFORMANCE BOND,
THEREOF TO THE RECREATION BUlLDING AND DEVELOP-
DATE0 JULY 12, 1988, DRAWING NO. 88-02, CON-
LETTER OF CREDIT OR ESCROW AGREEMENT TO GUAR-
ANTEE All ON-SITE ROAD IMPROVEMENTS, DRAINAGE
AND UTILITY IMPROVEMENTS; PROVIDING FOR A
METHOD OF APPROVAL OF SIGNAGE; PROVIDING FOR
UNITY OF TITLE; PROVIDING FOR METHOD OF
AMENDMENT; PROVIDING THAJ ANY ORDINANCE IN
CONFLICT BE AND THE SAME IS HEREBY REPEALED;
AND, FURTHER, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. A Planned Unit Development be and the same is
hereby created upon the land known as "PROSPERITY CENTRE" located
within the City of Palm Beach Gardens, Florida, and more par-
ticularly described in Exhibit
hereof. The permitted usage shall be and the same is hereby
designated as those uses set forth in CG-1 General Commercial
District, City of Palm Beach Gardens Code.
attached hereto and made a part
The sale of alcoholic beverages, under a SRX license or
any subsequent designation, in the use of the premises is hereby
approved. A variance to the distance requirements to the City of
Palm Beach Gardens Code between premises upon which alcoholic
beverages are sold is hereby granted.
Section 2.
Site Plan and Landscape Plan, dated July 12, 1988, prepared by Mudano
Associates Architects, Inc., Drawing No.88-02, consisting of six
(6) sheets, and attached hereto 8s Exhibit W1l. 'IPROSPERITY CENTRE"
Attached hereto and made a part hereof is a
c
\-
shall be developed in accordance with said plans. Further,
required materials usage is attached as Exhibit "E".
Section 3. The Petitioner shall pay to the City of Palm 0
Beach Gardens, Florida, impact fees as hereinafter designated
together with amounts of monies and time of payment.
(a) Recreation Building and Development Fund Account in
the total sum of $37,145.00. The method of payment of these
monies shall be as follows:
(1) The sum of $18,572.50 shall be due at
the time of hotel and/or associated retail building
permit shall be issued as shown on the plans.
(2) The sum of $18,572.50 shall be due and
payable at the time of the issuance of the Certifi-
cate of Occupancy for the hotel and/or associated retail.
(b) Road Improvement Fund in the total sum of
$207,555.00. The method of payment of these monies shall be
as follows:
111 The sum of $103,777.50 shall be due at the
time the hotel and/or associated retail buidling permit
shall be issued as shown on the plans.
(21 The sum of 6103,777.50 shall be due and pay-
able at the time of the issuance of the Certificate of
Occupancy for the hotel and/or associated retail.
- Section 4. No Building Permit shall be issued until the
drainage and paving plans for development of the Planned Unit
Development shall be approved by the City Engineer and all other
building requirements of the Palm Beach Gardens Code and require-
ments of other governmental agencies shall be met.
Section 5. A performance bond, letter of credit, or
escrow agreement shall be posted with the City of Palm Beach Gardens
in requisite form approved by the City Manager in the sum to be
established as the sum of money necessary to evidence Petitioner's
pro-rata share to assure construction of on-site and off-site paving,
-2-
-E-
Section 13. This Ordinance shall be effective upon date
of passage.
PLACED ON FIRST READING THIS 15th DAY OF SEPTEMBER, 1988.
PLACED ON SECOND READING THIS &&&&k , 1988.
PASSED AND ADOPTED "XIS dotn DAY OF &&%& , 1988.
Joa DAY OF
VICE-MAYOR
ATTEST :
COUNCILWOMAN
COUNCI LMAIJ
COUNCILMAN
: AWROVED AS TO FORM AND
, LEGtL SUiFlClENCY
'9NINNI338 j0 lNIOd 3HL 01 1333 95'961
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h
' PARCEL 21 U \v
A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TOWNSHIP 42 S0UT:i. RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA, BEING
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAIO
SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF RIGHT-OF-WAY OF
P.G.A. BOULEVARD AS NOW LAID OUT AND IN USE), THENCE RUN SOUTH 88.
WEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 118.84
FEET TO A POINT BEING IN THE NORTHERLY EXTENSION OF THE EASTERLY
RIGHT-OF-WAY LINE OF PRDSPERlTY FARMS ROAD AS NOW LAID OUT AND IN
USE; THENCE RUN SOUTH 1. 27' 22" WEST A DISTANCE OF 60.04 FEET TO A
POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAIO PROPSERITY FARMS
ROAD, THENCE CONTINUE SOUTH 1' 27' 22"WEST ALONG THE EASTERLY RIGHT-
0
27' 06" EAST ALONG THE CENTERLINE OF SAID P.G.A. BOULEVARD AND EAST-
OF-WAY LINE PF SAID PROSPERITY FARMS ROAD A DISTANCE OF 179.96 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE RUN
SOUTH 88' 27' 06"EAST A DISTANCE OF 200.00 FEET TO A POINT, THENCE
RUN SOUTH 89. 45' 56"EAST A DISTANCE OF 655.72 FEET TO A POINT IN
THE WEST LINE AND 60.00'FEET NORTH OF THE SOUTHWEST CORNER OF LOT 14.
ACCORDING TO THE PLAT OF PIRATES COVE, AS RECORDED IN PLAT BOOK 25.
PAGE 197. PALM BEACH COUNTY, FLORIDA, THENCE RUN SOUTH 88. 27' 06"
EAST ALONG A LINE 60 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE
OF SAID LOT 14 A DISTANCE OF 112.00 FEET TO A POINT IN THE WESTERLY
RIGHT-OF-WAY LINE OF KIDD LANE AS SHOWN IN THE PLAT OF SAID PIRATES
COVE; THENCE RUN SOUTH 0. 24' 48"WEST ALONG THE WESTERLY RIGHT-OF-YAY
LINE OF SAIO KIDD LANE A DISTANCE OF 60.00 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 141 THENCE RUN NORTH 08' 27' 06"WEST ALONG THE
SOUTH LINE OF SAID LOT 14 A DISTANCE OF ll2.00 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 14: THENCE RUN SOUTH 00' 24' 48"wEST ALONG TnEWEsf
LINES OF LOTS 11 THROUGH 13. ACCORDING TO THE PLAT OF SAID PIRATES
AN0 ftORTHEAST CORNER OF LOT 9, SAID PIRATES COVE: THENCE RUN NORTH
88. 21' 59"WEST ALONG THE NORTH LINE OF LOTS 9 THROUGH 10 OF SAID
PIRATES COVE. A DISTANCE OF 326.63 FEET TO THE NORTHWEST CORNER OF
SAID LOT 10, THENCE RUN NORTH 0. 41' 06"EAST A DISTANCE OF 210.05
FEET TO A POINT IN A LINE 210 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 51 THENCE RUN NORTH 80" 21' 59"
WEST ALONG SAID PARALLEL LINE A DISTANCE OF 334.24 FEET TO A POINT,
THENCE RUN NORTH 1. 27' 22"EAST A DISTANCE OF 160.24 FEET TO A
POINT: THENCE RUN NORTH 88' 27' 06"WEST A DISTANCE OF 200.00 FEET TO
A POINT IN THE EASTERLY RIGHT OF WAY LINE OF SAID PROSPERITY FARMS
ROAD: THENCE RUN NORTH 1. 27' 22"EAST ALONG THE EASTERLY RIGHT-OF-
WAY LINE OF SAID PROSPERITY FARMS ROAD A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
COVE A DISTANCE OF 386.37 FEET TO THE SouTtiwEsr CORNER OF SAID LOT 11
0
I
PARCEL 31
THE SOUTH 80 FEET OF LOT 11, PIRATES COVE. ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY. FLORIDA, RECORDED IN PLAT BOOK 25. PAGE
197.
2
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August 2,1993
August 5,1993
August 19,1993
September 1, 1993
RESOLUTION 90.1993
A RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING ORDINANCE 32. 1988, AND AS
AMENDED BY APPROVING SIGNAGE FOR TENANTS B SITE: AND
CHANGE IN COLORS OF BUILDINGS AND OTHER STRUCTURES; AND,
FINDING THAT AMENDMENTS ARE MINOR IN NATURE: AND
PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS
OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVE0 BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA:
Section 1. Ordinance 32, 1988, and 8s amended, is hereby further amended to approve
signage for tenants and cite, and colors of structures In accordance with the plans and uniform
signage criteria on file In the Planning and Zoning Department as follows:
Ground Signs
1.
2.
3.
4.
1.
2.
3.
4.
5.
July 14, 1993 ground sign elevation plan prepared by Slgncraft. Consisting of 1 sheet.
July 15,1993 ground sign elevation plan prepared by Slgncraft. Consisting of 1 sheet.
Ground Sign Location Plan submltted by Jeff tis on July 19. 1993. Consisting of 1
sheet.
July 19, 1903 Sign Landscape Plan prepared by Blakely & Associates. Consisting of
1 sheet.
Tenant Slgnage
May 17, 1993 Office Depot signage plan by Peninsular Sign Co. Consisting of 1 sheet,
February 15,1993 Sears Homelife signage plans by Bergrneyer. Consisting of 1 sheet.
February 23, 1993 T.J. Maxx signage plans and north elevations by Catalfumo
Companies Four sheets.
Undated Bunes & Noble Signage plans by Craig Neon, inc. Two sheets.
Undated elevations with color chips submitted by Jeff Lis on July 19. 1993.
\
ADproved Colors
White - Benjamin Moore #01
Beige - Benjamin Moore #I068
Off-white- Benjamin Moore U72
A copy of the Uniform Sign Criteria for Tenants is attached hereto as Exhibit
A copy of the Sign Criteria for Sears Homelife is attached hereto as Exhibit 'B".
A copy of the Sign Criteria for Barnes & Noble is attached hereto as Exhibit "C,
Section 2. The aniendrnents contained herein are mlnor in nature and shall not require the
interventton of the Planning and Zoning Commission and shall not require newspaper required
publicatlon of hearing hereon.
Section 3* All Ordinances or Resolutions or parts thereof in conflict herewith are hereby
repealed.
Section 3, This Rusolution shall be effectlve upon date of passage.
INTRODUCED, PASSED AND ADOPTED THIS 19%
AlTEST I'
LINDA V. KOSIER, CMC, CITY CLERK
VOTE: AYE &Y ABSENT
J MAYOR RUSSO -__ VICE MAYOR MONROE --_
COUNCILMAN JAB LIN -
COUNCILMAN CLARK E- -
J -- Y
COUNCILWOMANFURTADO _Y - -
",- z EXHIBIT "A"
UNIFORM SIGN CRITERIA
ALL TENANT SIGNAGE
PROSPERITY CENTRE
Location of Signnge - Signage locations for the major tenants in the center, I e Sears
Homelife, Office Depot, T J Maxx and Barnes and Noble shall be consistent with the
legend on Signcraft Drawing #2936, with the exception that Barnes and Noble will be
permitted a third sign on the west elevation ortheir building Local Retail Tenant signage.
i.e Prezzo, Texarado Steakhouse. Prosperity Cleaners, Remax Real Estate, etc shall be
located on the front (north) facade of Retail Building "A"( and in the case of Prezzo the
north and west facade with a west entrance into the Prezzo space) of Retail Building "A"
as depicted on Drawing #2936
Size of Tennnt's Sign - All tenant signs shall meet the sign code requireniunts or the City
of Palm Beach Gardens as to overall size vs height and length of building facade See item
#9 below for size requirements for dl tenant signs except Sears, TJ Maxx. Ofice Depot
and Barnes and Noble The size of signs for Sears, TJ Maxx, Ofice Depot and Barnes and
Noble appear on the sign specification drawings and specifications attached hereto
Drawings - All proposed signs must be submitted to Prosperity One, Inc managing
general partner for Prosperity Center Associates, Ltd for approval prior to submittal to
the City of Palm Beach Gardens for sign permits
Type of Sign - All Tenant's si&) except Sears Homelife and Barnes and Noble (see
attached sign specifications for Sears and Barnes and Noble) shall consist of Translucent
#2283 Red Channel Lettering with the following specifications
0 187 Acrylic(Plexig1as) #2283 Translucent Red Faces
0 40 Baked Aluminum Letter with 0 40 Aluminum letter backing
Letter walls to be Centari(or equal) Automotive Finish to match Benjamin Moore
#I068 paint color on building walls
Letter interiors to be painted white
White Jewelite Trim for Retaining Acrylic Faces
15 mm. 30 MA Clear Red Neon Tubing (for illumination)
All wiring and ballasts to be hidden from view with transformers behind facade
wall, with covered enclosure painted the same color as the building wall
No raceways permitted on signs
Letter style for all tenants except Sears. TJ Maxx, Barnes and Noble and Office
Depot shall be one line of 18" I-Ielvetica Lettering, or two lines of 12" Helvetica
Lettering Sears, TJ Maxx, Oflice Depot and Barnes and Noble will be permitted
to use individual distinctive "logo" style lettering as shown on the attached sign
specifications
- EXHIBIT "B"
Sears Homelife
Location of Signage - Scars signage locations shall be on the north and west elevations of
the building The north elevation faces PGA Blvd. and west elevation has entry doorway
for the store.
Size of Tenant's Sign - AI1 tenant signs shall meet the sign code requirements of the City
of Palm Beach Gardens as to overall size vs height and length of building facade.
Drawings - AI1 proposed signs must be submitted to Prosperity One, Inc managing
general partner for Prosperity Center Associates, Ltd for approval prior to submittal to
the City of Palm Beach Gardens for sign permits.
Type of Sign - To be Translucent White Channel Lettering with the following
specifications:
8).
9).
0.187 Acrylic(P1exiglas) Translucent White Faces
0 40 Baked Aluminum Letter with 0 40 Aluminum letter backing
Letter walls to be Centari(or equal) Automotive Finish (White)
White Jewelite Trim for Retaining Acrylic Faces
15 nun. 30 MA Clear White Neon Tubing (for illumination)
All wiring and ballasts to be hidden from View with transformers behind facade
wall, with covered enclosure painted the me color as the building wall.
No raceways permitted on signs
Letter style to be as shown on attached drawings
CT EXHIBIT "C" #
Barnes and Noble
Location of Signage - Barnes and Noble is requesting sign locations on their north (PGA
Blvd.), east (entryway doors), and west (Prosperity Farms Road) elevations
Size of Tenant's Sign - All tenant signs shall meet the sign code requirements of the City
of Palm Beach Gardens as to overall size vs. height and length of building facade
Drawings - AI1 proposed signs must be submitted to Prosperity One, Inc. managing
general partner for Prosperity Center Associates, Ltd. for approval prior to submittal to
the City of Palm Beach Gardens for sign permits.
Type of Sign - To be Translucent White Channel Lettering with the following
specifications:
8).
9).
0.187 Acrylic(P1exiglas) Translucent White Faces
0 40 Baked Aluminum Letter with 0.40 Aluminum letter backing
Letter walls to be Centari(or equal) Automotive Finish mte)
Green Jewelite Trim for Retaining Acrylic Faces
15 mm. 30 MA Clear White Neon Tubing (for illumination)
All wiring and ballasts to be hidden from view with transformers behind facade
wall, with covered enclosure painted the same color as the building wall
No raceways permitted on signs
Letter style to be as shown on attached drawings
t
Int. CI.: 35
Prior U.S. Cls.: 100,101 and 102
United States Patent and Trademark Office Reg, No. 3,076,655
Registered Apr, 4,2006
SERVICE MARK
PRINCIPAL REGISTER
CVS VAKGLJARD, INC. (MINKESOTA COR- PORATION)
670 WHITE PLAINS ROAD. SUITE 204 SCARSDALE. KY 10583
FOR: RETAIL STORE SERVICES. NAMELY,
AL MERCHAWDISE STORE SERVICES. PROVIDED
KET. IK CLASS 35 (US. CLS. 100, 101 AND 102).
PHARMACY. RETAIL DRUG STORE AXD GEKER-
VIA APPLICANT'S STORES AND VIA THE IhTER-
OWKER OF U.S. REG. NOS. 1,904,056, 2.662.956 AND OTHERS.
NO CLAIM IS MADE TO THE EXCLUSIVE
RIGHT TO USE "71 HOIJRS". APART FROM THE MARK AS SHOWN.
SER. NO. 78407,825, FILED 4-13-2005.
FIRST USE 1-1-1991; IK COMMERCE 1-1-1991, ELISSA GARBER KON, EXAMINING ATTORNEY
USPTO Assignments on the Web
Assignments on the Web > Trademark Query
Trademark Assignment Abstract of Title
Total Assignments: 1
Serial #: 78607825 Filing Dt: 04/13/2005 Reg #: 3076655 Reg. Dt: 04/04/2006
Registrant: CVS VANGUARD, INC.
Mark: CVS/PHARMACY 24 HOURS
Assignment: 1
Reel/ Frame: 3245/0964 Received: 02/13/2006
Conveyance: MERGER
Assignor:
CVS VANGUARD, INC.
Assignee: CVS PHARMACY, INC.
ONE CVS DRIVE
WOONSOCKET, RHODE ISLAND 02895
Correspondent: EFROSYNI IOSIPHIDIS
PO BOX 55874
BOSTON, MA 06880
Recorded: 02/13/2006 Pages: 5
Exec Dt: 12/15/2005
Entity Type: CORPORATION
Citizenship: MINNESOTA
Entity Type: CORPORATION
Citizenship: RHODE ISLAND
Search Results as of 12/13/2007 12:Ol PM
If you have any comments or questions concerning the data dlsplayed, conlact PRD /Assignments at 571-272-3350 v.2.0.1
Web interface last modified: April 20, 2007 v.2.0.1
^__I - ~ __ .. ~ I_ _I_--_- L_a_- _I-s- ,. ~
1 HOME I INDEX1 SEARCH I eBUSlNESS I CONTACT US I PRIVACY STATEMENT
filc://~C//Documc11ts%20and%20Sellings/kl fcisthamcI~Dcsk~op~USPT0%20Assignmcnts%2Oon%20the%2OWeb. htin 1 2/13/2007 I 2:04:4 1 PM
N 6 .o
3
e \
c 2,
n 3 m a P
I3
CVS #5141 PALM BEACH GARDENS, FL
SQ. FT. CHART mi G Ud
TOTAL I 120.0
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ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD
OF THE CITY OF PALM BEACH GARDENS
PETITION NUMBER PVAR-08-01-000005
IN RE:
317 CHARROUX DRIVE
LEGAL DESCRIPTION:
LOT 9, OF FRENCHMAN’S RESERVE POD C, COUNTY OF PALM BEACH,
STATE OF FLORIDA, AS RECORDED IN PLAT BOOK 105, PAGES 25
THROUGH 27, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA.
ORDER DENYING VARIANCE
THIS CAUSE came on to be heard upon the above application, and the City of Palm
Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and
other evidence presented by the applicant, city staff, members of the public and other
interested persons at a hearing called and properly noticed, hereby makes the following
findings of fact:
1. The public hearing was properly noticed in accordance with Section 78-54 of the
City’s Land Development Regulations.
2. The property which is the subject of said application has a required 10-foot rear
setback pursuant to the Frenchman’s Creek Planned Community Development (PCD) Pod
E-Five Site Plan Approval, made a part thereof by reference.
3. In accordance with Section 78-158 (g) of the Land Development Regulations,
variance requests from the applicable PCD development standard(s) are allowed for single-
family homes.
4. This applicant seeks a Variance pursuant to the City’s Land Development
Regulations.
5. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board
has the right, power and authority to act upon the application herein made.
6. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines
that the requested variance from the minimum rear setback standard does not meet the
criteria set forth in Section 78-53 (b) of the City’s Land Development Regulations:
a) Special Conditions and circumstances exist;
b) A Hardship exists from circumstance not the result of actions of the applicant;
c) Literal Interpretation would constitute an unnecessary and undue hardship;
d) No Special Privilege conferred;
e) Minimum Variance;
f) In harmony with the Purpose and Intent of the Land Development Regulations;
g) Variance not a result of a Financial Hardship;
h) Not detrimental to public welfare.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of
Palm Beach Gardens Planning, Zoning, and Appeals Board as follows:
1. The application for Variance, Petition PVAR-08-0 1-000005, with reference to the
above-described property in the City of Palm Beach Gardens, Florida, is hereby denied to
permit the following:
A variance from the established minimum accessory structure side yard setback to allow a
“chickee” hut to be located at the northwest corner of said lot that extends 9 % inches into
the side yard setback. This variance amroval shall be in accordance with the survey
prepared by Paul E. Brewer & Associates, Inc., dated September 5, 2006, which is attached
hereto and incorporated herein.
2.
The decision has been based upon our opinion that the additional area needed to effectively
and safely build a auesthouse does not create a special condition or hardship. This decision
would confer upon the applicant a special privilege through the literal interpretation of the
Code. It is also our opinion that this request is neither the minimum variance needed, nor is
it in harmony with the Purpose and Intent of the Land Development Regulations.
The reasons for the denial of this variance are as follows:
i
DONE AND ORDERED this 26th day of February 2608.
,\I -; ’
V!, ., Vich Mr. Douglas Pennell
h’
V!, ., Vich Mr. Douglas Pennell
Planning, Zoning, and Appeals Board
City of Palm Beach Gardens
ATTEST BY: /.
Debbie Andrea
Recording Secretary
Ray Ellis
From:
Sent:
To:
Subject:
Scott Link [Scott@alslaw.com]
Tuesday, February 26,2008 3:45 PM
Planning Zoning and Appeals Board
Research and Office Center proposal
My name is Scott Link. I am a resident along with my wife and three children of Steeplechase in Palm Beach Gardens. I
have lived in Steeplechase for 13 years. I am writing to advise you that I join in the objection and concerns expressed by
resident Patricia Leonard that were e-mailed to you today regarding the proposed Research and Office Center. I strongly
urge you not to approve the proposal. Thank you. Scott Link.
1
From: Patricia A. Leonard [leonard@beasleylaw.net]
Sent:
To:
Subject:
Attachments:
Tuesday, February 26,2008 2:06 PM
Planning Zoning and Appeals Board
Proposal for "Research and Office Center" within Steeplechase Residential PUD
Steeplechase Commercial Property Code Concerns.pdf
To members of the Palm Beach Gardens Planning, Zoning, and Appeals
Board:
I am a resident of the Steeplechase residential community in Palm Beach Gardens, and
write to you in that capacity. A short time ago, a small number of Steeplechase residents
received in the mail a "Notice of Meeting" regarding a proposed development of a parcel of
property which is part of the Steeplechase residential PUD, and which is zoned neighborhood
commercial. We also recently received a "Project Narrative" submitted by the developer to
the City, which was apparently recently provided to our neighborhood POA by a reporter from
the Palm Beach Post.
As I understand the project, there is a larger than 50,000 square foot, 3-story
medical office building planned, with over 200 parking spaces, with a lighted parking lot,
and with an ingress/egress road spilling directly onto Steeplechase Drive. According to a
member of the Board of Steeplechase's POA, our Board requested copies of these plans from the
developer several times over the past few months, but never received them.
Pursuant to a public records request made by my husband, on February 22, 2008, the
City provided us with the plans and other materials submitted by the developer.
From a cursory review of the information we obtained, I believe there are significant
safety issues and other highly problematic issues regarding this proposal.
As proposed, this project will have an entrance/exit directly onto Steeplechase Drive
(which I believe is a privatized road), so that vehicles entering or exiting that parcel will
have to cross over the lanes of ingress and egress to our neighborhood through our south
gate, which many residents use.
that parcel through a Steeplechase Drive access road and a Beeline Highway access road, it
means that Steeplechase residents will have difficulty getting out of the back gate in the
morning, when the medical offices will be opening, or at close of business, when many people
are trying to return home. There will also be traffic throughout the day, as people come and
go to the medical offices. There are approximately 325 homes in the Steeplechase
neighborhood.
and near the south entrance to our neighborhood.
which will cause traffic safety issues as well as delays.
buses that pick up our neighborhood's children in this area by the back gate.
proposed additional traffic in that area, both that spilling onto Steeplechase Drive as well
as that spilling onto the Beeline Highway, puts our neighborhood's residents, and their
children, at risk.
With over 200 vehicles proposed to be coming in and out of
This developer's proposal has the potential to nearly double the traffic at
Cars will back up onto Beeline Highway,
Additionally, there are school
All of this
Because of these issues, more of our neighbors may start using the Steeplechase front
Our community's front gate area can only accommodate a depth
Like the back gate to
gate to get into our community.
of 3 to 4 cars before the cars start spilling out onto Northlake Boulevard as they wait.
This, too, has the real possibility of creating traffic safety issues.
our neighborhood, there is also a school bus stop right next to the front gate.
increased traffic will put our neighborhood's residents, and their children, at risk.
Again, this
1
There are also concerns about how this proposed development will impact our
neighborhood's approved and permitted plans to construct a manned back gate, and whether the
developer's proposal will interfere with or somehow alter our approved plans for that manned
gate.
a manned back gate is essential to address that issue.
where this Fort Lauderdale-based developer is permitted to take actions which compromise the
safety of the people living in our community, including the large number of children in the
neighborhood.
There have been a number of crimes committed in our neighborhood lately, and I believe
We do not want to be in a position
The proposal also appears to create the potential for even more crime. The proposed
building will provide ample space for someone to drive onto that parcel, park a vehicle
behind the building so that it cannot be observed from the main road, and then slip into and
out of our neighborhood without detection, under the cover of the building.
There is also the obvious issue of decreased residential property values resulting
from this too-large, 3-story building which will be visible from the neighborhood.
yet another significant detriment to the neighborhood, especially in this time of overall
declining property values which are plaguing our city"s residents.
This is
Moreover, even from my cursory review of the plans submitted by the developer, it
does not appear that the proposal being considered by the Palm Beach Gardens City Council
complies with the neighborhood commercial zoning requirements, or with the more restrictive
requirements of the Steeplechase PUD overlay, in any event.
My husband, Tim, created a chart that sets forth some of his preliminary concerns
regarding apparent non-compliance with the zoning regulations.
to Richard Marrero on February 22nd, is attached to this e-mail.
That chart, which he provided
As only some examples of the apparent non-compliance, Section
78-153 of the zoning regulations says the maximum building height is the lesser of two
stories or 36 feet.
stories is unquestionably lesser than what is being proposed. I think the difference of an
additional story is significant, as it adds 50% to the amount of people who will be
potentially utilizing, and traveling in and out of, this parcel.
The plans being presented are for a 3-storyJ 36-foot tall building. TWO
There are also some issues with some of the proposed setbacks.
The code apparently requires a 15-foot walled buffer (without parking), then the setback (the
total requirement seems to be stated incorrectly in the proposal), then an added 75 feet for
a commercial neighborhood parcel abutting a residential area. The Steeplechase residential
PUD, when combined with Section 78-154 of the zoning regulations, apparently imposes even
stricter requirements.
Both the neighborhood commercial zoning requirements and the PUD require that this
parcel be developed in a way that benefits our neighborhood. I don't believe that this
proposal does so. To the contrary, it appears that it will significantly detract from our
neighborhood.
For these reasons and others, I strongly oppose the construction of the proposed
project, and I respectfully request that the Planning, Zoning, and Appeals Board not approve
this project as proposed. The safety and security of this city's residents should be given
due consideration by the Planning, Zoning, and Appeals Board when weighed against this Fort
Lauderdale developer's desire to construct a non-compliant structure of this large size and
magnitude right next to a residential development, and within our neighborhood's residential
PUD .
Patricia A. Leonard
pattileonard@comcast.net
2
(561) 842-7960
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