HomeMy WebLinkAboutAgenda P&Z 032508AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, MARCH 25,2008 AT 6:30 P.M.
COUNCIL CHAMBERS
0 CALLTOORDER
0 PLEDGE OF ALLEGIANCE
0 ROLLCALL
0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR KARA IRWIN
0 APPROVAL OF MINUTES November 13,2007, January 8,2008 and February 12,2008
PLANNING, ZONING AND APPEALS BOARD
mar Members: Alternates:
Craig Kunkle (Chair) JoyHecht(1"'Alt.)
Douglas Pennell (Vice Chair)
Bany Present
Randolph Hansen
Dennis Solomon
Michael Panczak
Jonathan D. Rubins
Amir -el (P at.)
Planning, Zoning and Appeals Board
March 25,2008
Recommendation to City Council:
Ex Parte Communication (Public Hearing)
MISC-08-03-000041: Gander Mountain
A request by Brian Cheguis, of Cotleur & Hearing, Inc., agent on behalf of KTJ Limited
Partnership 167, for approval of a request to allow for an exception to Section 6-4, Code
of Ordinances entitled “Distance limitations between vendors, churches, and schools” and
the placement of logo medallions on the approved building. The Gander Mountain PUD
is located on the west side of Sandtree Drive, immediately south of the Northlake
Commons/Home Depot shopping center.
1.
Project Manager: KM Jrwin, Orowth Manag~ment Administratof kinvin@p,pbfl.com (799-4243)
2. OLD BUSINESS
3. NEWBUSINESS
4. ADJOURNMENT
In accor&ncs with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should contact the Ciw Clerk’s wee, no later than pw days prior to the proceeding. at telephone number (561)
799-4120 for assistance; tfhearing impaired, telephone the Florida Relay Service Numbers @@I) 955-8771 (TOO! or @@I) 955-8770 VICE)).
for assistance. rfa person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any mafter considered at such meeting or hearing, they will need a record of the
proceedings; andjbr such. they may need to ensure that a wrbatim record ofthe proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Exact legal description andor suryey for the cases moy be obtainedjkm theflles in the Growth
Management Department.
common/pz agenda 03-25-2008.b
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
NOVEMBER 13,2007
The November 13,2007 Regular Meeting of the Planning, Zoning and Appeals Board of the City
of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the
Municipal Complex, 10500 North Military Trail, Palm Beach s, Florida, by Craig
Kunkle, Chair. The Pledge of Allegiance was recited.
1.
Reported the City Council meeting of No
boat and all-terrain vehicle (ATV) sales
ent for Gander Mountain.
Reported Seasons 52 change from art galle
conditions or amendments.
Reported the Capital Improvem
e was approved without
It. ROLL CALL
roll for the PZAB:
Members Absent
ement Administrator
111. PUBLIC WOR~SHOP
Petition: PCDA-07-09-000005/SPLA-07- 10-000008 - North County Regional Library
A request by Melanie Borkowski, agent for the applicant, for an approval of a Planned
Community District (PCD) Amendment for the North County Government Center and
Site Plan Amendment to the North County Regional Library. This PCD is currently
approved as a 33.698 acre campus with six (6) separate parcels located at the southwest
corner of PGA Boulevard and Campus Drive.
Project Manager: Allyson Maiwurm, Project Coordinator
Planning, Zoning and Appeals Board Regular Meeting
11.13 .07
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Craig Kunkle, Chair, read the petition and opened the floor to discussion.
Donaldson Hearing, Cotleur & Hearing, stated he is representing Palm Beach County for
the North County Regional Library Expansion and the North County Government Center.
Requests include:
- Planned Community District (PCD) amendment to the North County Government
Center to delete the North County Motor Vehicles site and add linkage roads. - Site plan amendment to approve the future expansion of the North County Regional
Library.
Donaldson Hearing presented the petition:
- Explained the surrounding location of the North
history of the area and buildings and their original
- Stated library use statistics. - Presented the new PCD master plan.
- Described the present landscaping an
Gardens requires a waiver i
10 percent. The City of Pal
spaces. The Government Se 300 square feet. The
Discussion en cation of the air conditioning equipment and
o Fairchild Gardens Avenue.
le Division to vacate the PCD property on
re a preserve area management plan. Passive trails
brary has not been designed to Leaders in Energy and
Discussion enhied regarding library sidewalk width.
Craig Kunkle recognized Nancy Denholm to speak.
Nancy Denholm, Palm Beach Community College Eissey Theater Director, spoke on
behalf of the library expansion and the need for the additional parking.
Craig Kunkle, Chair, thanked Donaldson Hearing for the presentation and closed the
public hearing.
Craig Kunkle, Chair, closed discussion of the North County Library Workshop.
Planning, Zoning and Appeals Board Regular Meeting Page 2
11 .13 .07
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PUBLIC WORKSHOP
PP~~-07-06-0000 15: Riverside Self-Storane - Rezoning, Major Conditional Use, and
Site Plan Amroval
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
Project Manager: Jackie Holloman, Planner
All those intending to offer testimony in any
Waiver request was seen as rea seen as minimal.
Question was raised about an
Lessard explained the parking spa
Building is desi
s need to be developed.
e next presentation, including views from
Dogwood Avenue, Palm Beach Gardens.
e inappropriate size of the building in relation to the surrounding
Natural buffer: should be added. Presented petition and photos.
Mack Foster, 3807 Dogwood Avenue, Palm Beach Gardens. Expressed his concern
regarding the elementary school on the street and the safety of the children.
Craig Kunkle, Chair, read the following comments into the record at the request of the
residents. All comments were negative for the self storage project.
- Edith Johannes, 3653 Holly Drive, Palm Beach Gardens.
- Helen Tzehave, 3653 Holly Drive, Palm Beach Gardens.
- Jennifer Griffin, 3762 Dogwood Avenue, Palm Beach Gardens.
Planning, Zoning and Appeals Board Regular Meeting
11.13 .07
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- Melissa Johnson, 3790 Dogwood Avenue, Palm Beach Gardens.
- Carol Bal, 3783 Dogwood Avenue, Palm Beach Gardens.
- Donald Bal, 3783 Dogwood Avenue, Palm Beach Gardens.
Craig Kunkle, Chair, closed the public workshop. He thanked Mr. Lessard for his
comments and invited him to return at a future date.
PUBLIC WORKSHOP
William Hudson, to
intersection of Alternate AlA and Hood Road.
located at the northwest corner of the intersectio
of William Hudson, to
it Development (PUD)
ail building (Publix) and
-acre parcel generally located
and Hood Road.
overlay and a site plan approval to a1
property and the boundaries and described the proposed
the architecture of two-story Publix building and requested
Review sidewalk plan.
Encouraged architect to use Leaders in Energy and Environmental Design (LEED)
standards.
Suggestion for lower lighting near residences, that parking be on the train side of
development and landscape around wall.
Fire riser should be inside the building. Third Publix sign on Eastern exposure would be
acceptable.
Curbing will be in place instead of wheel stops.
Planning, Zoning and Appeals Board Regular Meeting
11.13 .07
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Craig Kunkle, Chair, closed the floor to board discussion and opened the floor for public
comment.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens. Stated she likes the
architecture of the project. Takes exception to the Publix ingress and egress.
John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens. Stated he lives in The Isles.
Expressed his concerns about traffic.
Craig Kunkle, Chair, closed the public workshop. He thanked Ms. Tighe for her
presentation and invited her to return at a future date.
issues of the EAR, segregated by elem
the Planning, Zoning, and Appeals
recommendations and policies that staff
the implementation strategy. Session
Comprehensive Plan text amendments to im
Coastal Management
Housing
ned the floor to discussion from the
a brief synopsis of EAR elements: Coastal
k on past failures in other areas of the country so the City would
objectives. Comment made that Southern California has a
that was subsidized with government funding.
Craig Kunkle, Cfiair, addressed Kara Irwin, Growth Management Administrator, and
requested that discussion of the EAR elements be stopped for the night and that individual
meetings be set up with board members to go over the elements, to which Stephen Mayer,
Senior Planner, agreed.
Planning, Zoning and Appeals Board Regular Meeting
11 .13 .07
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OLD BUSINESS
Update on roadways was requested.
Request made for update of information on bicycle routes.
Kara Irwin, Growth Management Administrator, explained planned roadways through the
Brigger Tract and extension of existing roadways.
Discussion ensued regarding the building projection sign for Club Safari.
Request for update on Downtown at the Gardens exposed trash areas.
alternative solution is a site plan amendment and it will c
NEW BUSINESS
(The remainder of this pa
6 0 Planning, Zoning and Appeals Board Regular Meeting
11 .13 .07
Page
Craig Kunkle, Jr., Chair
1 ADJOURNMENT
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There being no further business to come before the board, the meeting was adjourned at
9: 14 p.m. The next regular meeting will be held December 1 1 , 2007.
45
46 Debbie Andrea
47 Public Information Coordinator
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Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
Planning, Zoning and Appeals Board Regular Meeting
11 .13 .07
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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
JANUARY 8,2008
MINUTES
The Regular Meeting of the Planning, Zoning and Appeals Board (PZAB) of the City of Palm
Beach Gardens, Florida, was called to order by Craig Kunkle, Chair at 6:30 p.m. in the Council
Chambers of the Municipal Complex, 10500 North Military Trail, P ach Gardens, Florida,
and opened with the pledge of allegiance.
1. ROLL CALL
Debbie Andrea, Public Information Coordinator, call
Members Present
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Randolph Hansen
Michael Panczak
Barry Present
Jonathan Rubins
Dennis Solomon
Joy Hecht , 1 st Alternate
Amir Kanel, 2nd Alternate
Also Present
II.
111.
IV.
approximately'300 feet North of PGA Boulevard in the City of Palm Beach Gardens.
Project Manager: Richard Marrero, Senior Planner
Craig Kunkle, Chair, read the petition. No ex parte communications were declared. The
floor was opened to discussion from the petitioner.
0 Marty Minor, Urban Design Studio, presented the building and its uses. Discussed
reasons for not choosing a chiller. Pictures of the architecture were presented. The
restrooms were moved. There is a larger color palette now. Landscaping plans meet
the requirements. Leaders in Energy and Environmental Design (LEED) required two
Planning, Zoning and Appeals Board Regular Meeting
01 .08 .08
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bus routes be available within a half-mile; DoubleTree has two bus lines that stop
right outside. One waiver is requested for an older parking area, that has nine spaces
in a row. The new parking spaces are within specification.
Craig Kunkle, Chair, opened the floor to public comment.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens. Objected to the pink
Tabebuia trees because of possible damage during storm conditions.
Craig Kunkle, Chair, closed the public hearing.
Questions were asked regarding the color palette and
Roofline was discussed.
Joy Hecht asked why the old building an
are connected by walkways.
Compliments offered for a fine job.
MOTION
Planning, Zoning and Appeals Board Regular Meeting
01 .08 .08
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a
ADJOURNMENT
There being no hrther business to come before the board, the meeting was adjourned at
6:52 p.m. The next regular meeting will be held January 22,2008.
APPROVED:
Craig Kunkle, Jr., Chair
Debbie Andrea
Public Information Coordinator
Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the City Clerk's office.
Planning, Zoning and Appeals Board Regular Meeting
01 .08 .08
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
FEBRUARY 12,2008
The February 12, 2008 Regular Meeting of the Planning, Zoning and Appeals Board (PZAB) of
the City of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council
Chambers of the Municipal Complex, I0500 North Military Trail, P
by Craig Kunkle, Chair.
h Gardens, Florida,
1.
II.
Ill.
PLEDGE OF ALLEGIANCE
ROLL CALL
Members Present:
ro, Senior Planner
IV.
v. RECOMMENDATION TO CITY COUNCIL
PCDA-07-09-000005: North County Government Center Amendment
SPLA-07- 10-000008: North County Regional Library Amendment
Donaldson Hearing, Cotleur & Hearing, representing Palm Beach County,
introduced Melanie Borkowski, Manager of the Palm Beach County Facilities
Development and Operations Department; Konrad Kwok, PGAL Architects; and
Anna Cottrell, Anna Cottrell Associates.
Mr. Hearing presented the project and requested three waivers.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
02 .12 .08
PAGE 1
Craig Kunkle, Chair, requested ex parte communication.
Randolph Hansen declared ex parte communication.
Craig Kunkle, Chair, opened the public hearing. There being no comments, the
public hearing was closed.
Discussion among the Board members ensued.
Mr. Hearing explained the North/South linkage road. The Department of
Transportation and Toys R Us need to work out a right of way.
Motion
A motion was made by Douglas Pennell
Amendment with requested waivers, ca
dissenting.
Board members cited their preference for roof
style of 6-1 with Dennis Solomon dissenting.
ote for the flat roof
one was declared.
ribed the Donald Ross
be insufficient parking.
changed requiring more parking it would
mon and seconded by Jonathan Rubins and approved
described the property requesting no waivers.
Craig Kunkle, Chair, declared the public hearing open, with no public comments
the public hearing was declared closed.
Discussion ensued among Board members.
Judah Rubin, North American Properties, Leaders in Energy and Environmental
Design (LEED) certified, stated LEED-certified buildings are cost effective and
he would look at possibilities for Walgreens.
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
02 .12 .08
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VIII.
IX.
Motion
A motion was made by Barry Present for approval; failed due to lack of a second.
0 Craig Kunkle, Chair, asked Anne Booth if she prefer the project be sent to City
Council with recommendation not to approve or be withdrawn and come back at
another time.
Anne Booth stated she believed changes can be made and would postpone until
the February 26,2008 meeting.
0
Motion
A motion was made by Douglas Pennell, seconded by Jon
to date certain February 26,2008 approved unanimous1
OLD BUSINESS
None.
NEW BUSINESS
0
Suggestion was made that scheduled by staff in
0 nt signs at PGA Commons
0 Reply was t
s, for postponement
Craig Kunkle, Chair, stated Co
and will take several hours over
Board members asked if th
meetings or set up separate
accordance with other age
Question was raised regarding a
and if they meet code.
landscaping will be
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
02 .12 .08
PAGE 3
1 X. ADJOURNMENT
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5 APPROVED:
7 Craig Kunkle, Chair
There being no further business to come before the Board, the meeting was adjourned at
7:47 p.m. The next regular meeting will be held February 26,2008.
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Barry Present
anel, 2nd Alternate
Debbie Andrea
Public Information Coordinator
Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripi
meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the City Clerk's office.
Note: The Public Information Coordinator swore in those preparing to give testimony.
:s of the
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
02 .12 .08
PAGE 4
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, & APPEALS BOARD
Agenda Cover Memorandum
Reviewed by:
Date Prepared: March 19,2008
Meeting Date: March 25,2008
MISC-OS-03-000041
Originating Dept.:
Growth Managpent:
~~~ SUBJECT/AGENDA ITEM
MISC-OS-03-000041: Gander Mountain
Recommendation to City Council: A request by Brian Cheguis, of Cotleur & Hearing, Inc., agent
on behalf of KTJ Limited Partnership 167, for approval of a request to allow for an exception to
Section 6-4, Code of Ordinances entitled “Distance limitations between vendors, churches, and
schools” and the placement of logo medallions on the approved building. The Gander Mountain
PUD is located on the west side of Sandtree Drive, immediately south of the Northlake
Commons/Home Depot shopping center.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
City Attorney
Christine Tam
Finance NIA
Development
Compliance NIA
Bahmh Ke~havar~-W~lf~,
AICP
I Growth ManageFe$t
Administrator LF
Kara L. Irwin, A1.C.P.
Approved By:
City Manager
Ronald Ivl. Ferris
Kara L. Irwin
Ix] Quasi -Judicial
1 ]Legislative
1 1PublicHearing
I
Advertised:
Date:
Paper
I IReSuired
Ix] NotRequired
Affected Parties:
[ ]Notified
Ix] N0tRequim-I
-
F’INANCE: NIA
Costs:$ NIA
Total
$ NIA
CunentFY
Funding Source:
Budget Acct#
NIA
City Council Action:
[ IAmd
[ ] App. wl conditions
1 ]Denied
[ ]Rec.ajyroval
1 ] Rec. app. wl conds.
1 ]Rec.Denial
[ ] Continued to:
Attachments:
0 Narrative
Signagedetails
Date Prepared March 19,2008
Meeting Date: March 25,2008
MISC-08-03-000041
Page 2 of 5
The Gander Mountain Planned Unit Development (PUD) was approved on November 1,2007, with
the adoption of Ordinance 30, 2007 and Resolution 106, 2007. Ordinance 30, 2007 approved the
re-zoning of the subject site from a General Commercial (CG-1) to Planned Unit Development
(PUD) Overlay in order to construct a 120,000 square-foot retail building on an approximately
13.1 8-acre site.
Since the original approval, the following administrative approvals have been granted:
ADMN-07-11-0179: Gander Mountain AA1 was submitted on November 3,2007. The approval
provided for a minor site plan and landscape modifications, which were required per the
development order, Resolution 106, 2007. The application was approved on December 14,2007.
ADMN-07-120187: Gander Mountain AA2 was submitted on December 06,2007. The approval
provided for an accessory fast food restaurant and outdoor seating area to serve the Gander
Mountain retail customers. The approval was limited by conditions of approval that did not allow
for any external advertising of the fast food establishment, music, or outdoor service and
requirements for indoor management of waste.
ADMIN-08-02-0199: Gander Mountain AA3 was submitted on February 1,2008. The application
was submitted on behalf of Clear Channel for approval of a billboard on the property. The -- - application is still under review by City staff
Currently, the applicant has requested approval for a license to serve beer and wine in the approved 0
fast food establishment, which the applicant maintains will provide service to only the retail
customers of Gander Mountain. In addition, the applicant is requesting approval to utilize their logo
on the decorative tiles that were approved on the elevations of the building.
LAND USE & ZONING
The Property has a Commercial (C) Future Land-Use Map designation and Planned Unit
Development (PUD) Overlay zoning designation with an underlying zoning of General Commercial
(GC l), consistent with the future land use of Commercial (C).
ALCOHOL SALES
In general, the language found in Chapter 6 of the City’s Code of Ordinances relating to the
minimum distance separation requirements for the retail sale of alcoholic beverages stipulates as
follows:
43 Between vendors. No license for the sale of alcoholic beverages at retail, including malt and
wine beverages, for consumption on or off the premises, shall be issued where the place of
business designated in the application therefore is located within 500 feet fiom another place
of business for which there is already issued a license for the retail sale of alcoholic
beverages for consumption on or off the premises; such distance to be the airline
Date Prepared: March 19,2008
Meeting Date: March 25,2008
MISC-08-03-000041
Page 3 of 5
measurement taken from the center of the main entrance of the proposed business to the
center of the main entrance of the existing business for which there is already a license for
the retail sale of alcoholic beverages for consumption on or off premises.
Such distance limitation shall not apply to the following:
a. Vendors of alcoholic beverages, including malt and wine beverages, where the
vendor is licensed by the City as a restaurant deriving at least 51 percent of its gross
revenue from the sale of food and non-alcoholic beverages.
b. Vendor of alcoholic beverages, including malt and wine beverages, for consumption
on the premises only where the vendor is licensed by the City as a bona fide hotel,
motel, or motor court.
c. Vendors of alcoholic beverages, including malt and wine beverages, for consumption
on the premises only where the vendor is a veterans or fiaternal organization of
national scope or is a group of persons associated together as a chartered or
incorporated club, including incorporated social clubs which have been in continuous
active existence and operation for a period of not less than two years in the City.
The City Council may waive the distance requirements set forth above for vendors of alcoholic
beverages, including wine and malt beverages, so long as the following criteria established in the
Code of Ordinances are met: 0 The established distance requirement of 500 feet from an established public or private
elementary school, middle school, or secondary school is not violated. The distance shall be
the airline measurement taken from the center of the main entrance of the proposed business
to the nearest point of the school grounds.
0 In the opinion of the City Council, the granting of the modification will not materially
impair the safety, health, morals, or general welfare of the citizens of the City.
STAFF ANALYSIS
The restaurant approval ADMIN-07-12-0187 (AA2), as requested by the applicant, did not provide
for the sale of alcoholic beverages, including beer and wine. The application was approved
consistent with similar requests, such as the food service at Costco and/or Wholefoods. The
applicant does not qualifjl for any of the existing exemptions; therefore, the applicant is required to
request an exemption from City Council. Since the principle use is a major outdoor sporting goods
retailer, not a restaurant, which is only accessory to the principle use, the applicant does not derive
at least 5 1% of its gross revenue from sale of food and non-alcoholic beverages.
As an accessory use, the restaurant is restricted by the following conditions of approval:
0.
The applicant shall comply with all applicable requirements set forth in City Code Chapter
34 Sections 56-58. (Planning & Zoning)
Date Prepared March 19,2008
Meeting Date: March 25,2008
MISC-08-03-000041
Page 4 of 5
0 Musical entertainment, including, but not limited to, bands, instruments, and speakers shall
be prohibited in all outside areas on site. (Planning & Zoning)
0 No food or beverage service shall be permitted in the outdoor seating area. (Planning &
Zoning)
0 Should the nature of the restaurant be amended from cafeteria style to a destination
restaurant, the applicant shall submit a revised traffic analysis for restaurant square footage.
(Engineering)
The applicant shall secure the outdoor seating eatery doors in the same fashion as front
entrance and shall have roll down grills. (Police)
0 The applicant shall position cameras inside doorway leading to and from the outdoor eatery.
(Police)
No signage, lettering, or advertising shall be permitted on fbmiture. Small labels may be
permanently attached to the krnishings to identify ownership for security purposes per LDR
Section 78-1 9 1 (c)(6). (Code Enforcement)
The outdoor seating area shall be kept clean, orderly, in good repair, and free of clutter,
litter, or obstructions at all times. (Code Enforcement)
If any of the above conditions or Section 78-191, Outdoor Seating, Land Development
Regulations, are violated, the City may at any time re-evaluate the outdoor seating approval.
(Planning and Zoning; Code Enforcement)
The hours of operation for the indoor restaurant will coincide with the hours of operation for
the retail store. The hours of operation for the outdoor seating will follow the hours
permitted in Section 78- 19 1. (Planning and Zoning; Code Enforcement)
Overall, the request for the sale of beer and wine at the ‘Tall Tales Caft? meets the criteria
established in the Section 6-5 of the Code of Ordinances, which requires that the propose use not be
located within 500 feet of any public or private lower school and not be detrimental to the health,
safety and welfare of the public.
LOGO MEDALLIONS
The approved elevations for the Gander Mountain 120,000 square foot building included specific
locations for decorative tiles. During the development approval process, the City was not provided
a detail of the decorative tiles, so it was determined that the tiles were blank. The detail on the
proposed medailiondtiles match the logo on the monument signage and wall signage approved for
the site.
Within the City, other approved projects have included medallions scored with designs, with the
exception that the design was not identical to an established logo of any tenants, which is defined as
signage in the City’s Code of Ordinances. The fact that the proposed design matches the business
logo classifies the medallions as signage, which requires City Council approval.
StafT does not object to the requested medallions, since to proposed tiles do not include the
registered colors consistent with the approved signage. The medallions are small in comparison to
the scale of the building and provide architectural accents. They do not meet the intent of signage
which is to draw attention to and advertise the user. Staff feels that the proposed medallions do not
provide a precedent for the placement of additional signage, but provide embellishment to the
Date Prepared March 19,2008
Meeting Date: March 25,2008
Page 5 of 5
MISC-08-03-000041
structure that does not stand out or draw attention to the approved tenant.
STAFF RECOMMENDATION
0
Staff recommends APPROVAL of petition MISC-08-03-00004 1.
a
e
Cotleur & Hearing
1934 Commerce Lane . Suite 1 . Jupiter, FL . 33458
561.747.6336 . 561.747.1377
JUSTIFICATION FOR A MISCELLANEOUS PETITION APPROVAL
REQUEST
Beer and Wine Service at Tall Tales Cafe (Gander Mountain Retail) &
Additional Architectural Detailing Elements (Medallions)
Tuesday, March 18,2008
Request
Cotleur & Hearing, Inc., on behalf of Oppidan, Inc./KTJ Limited Partnership 167,
(the ”Applicant”), hereby respectfully requests approval from City Council for a
Miscellaneous Petition to allow for the serving of beer and wine on premises
within the approved Ancillary Restaurant/Food Service Facility Use located
within Gander Mountain Retail approved by City Council on November 01,2007
by way of Resolution 106-2007 and as subsequently amended by Administrative
Amendments 07-11-000179 and 07-11-000187 respectively. Further, the
Applicant is requesting the addition of up to thirty-three (33) pre-cast medallions
to be added to predetermined locations on each facade of the approved
elevations. These medallions are considered by Staff to represent additional
signage.
No modifications to approved plans or traffic review is necessary with this request
thus the Applicant is paying for the following services:
Application Fee: 2,475.00
Legal Review Fee: 1,000.00
Total Fees: 3,475.00 I
Background
The City of Palm Beach Gardens Code of Ordinances (Chapter 6-9 Application of
Zoning Code) specifies that ”in all cases the location of any place of business for
the sale of alcoholic beveraEes, including malt and wine beverages at retail, shall
be in accordance with the permitted use provisions of the city zoning code.”
Further, Code section 6-4 Distance limitations between vendors, places of worship, and
schook outlines the locational criteria for establishments that serve alcoholic
Miscellaneous Petition Approval Request -Beer & Wine Service / Medallions
Gander Mountain Retail -Tall Tales Cafe
3/19/2008
beverages when in proximity to places of worship, schools or to other vendors of
alcoholic beverages. In this instance the provisions of Code Section 6-4 apply
with respect to vendor separation between the subject property and the
Northlake Commons PUD, specifically with two existing restaurant uses
(Giovanni's Restorante and Aladdin Mediterranean Grill) both located within
500 feet of the Ancillary Restaurant/Food Service Facility known as "Tall Tales
Cafe, (See attached 500 foot radius map). The provisions of Chapter 78, Article,
IV, Section 78-159 (the 'zoning code') outline the permitted uses allowed within
each zoning district. All Restaurant or Food Service Facility Uses are permitted
within the General Commercial-1 (CG-1) zoning district. On January 22, 2008,
Growth Management Staff approved by way of Administrative Amendment
(Admin 07-11-000187) an Ancillary Restaurant with Outdoor Seating Use within
the Gander Mountain Planned Unit Development. As such, the Applicant is
required to request from City Council approval of beer and wine service due to
the proximity of other restaurant uses that serve alcoholic beverages within 500
feet of this Retail Use with an Ancillary Food Service Facility offering beer and
wine service. This request is appropriate and timely as existing conditions of
approval associated with Administrative Amendment 07-11-000187 clearly
provide protection to the general public and the City of Palm Beach Gardens that
should the status of this ancillary restaurant/food service facility intensify to
more than a cafeteria-style restaurant, additional review and approvals from the
City's Growth Management Department shall be required, as outlined herein:
e
e
"Should the nature of the restaurant be amended from cafeteria
style to a destination restaurant, the Applicant shall submit a
revised traffic analysis for restaurant square footage."
(Condition 4 Admin 07-11-000187)
As the Applicant is not modifying the style of restaurant and shall adhere to all
previously prescribed conditions of approval, this request has been initiated in
order to satisfy the locational requirements of the City's Code of Ordinances
Chapter 6-4 between vendors.
The City of Palm Beach Gardens Land Development Code (Specifically Section
78-285(e)) allows for the integration of "logos or any federally registered
trademark ... as part of a sign". Further, the sign area calculation has been
designed to "encompass the entire area of a sign, including all letters, numbers,
characters, logos, emblems, information or other display." (Section 78-286(f)(l)).
20f6
Miscellaneous Petition Approval Request - Beer & Wine Service / Medallions
Gander Mountain Retail - Tall Tales Cafe
3/19/2008
Miscellaneous Petition Auproval Request
The Applicant is requesting City Council approval of a Miscellaneous Petition to
allow for the serving of beer and wine within the Ancillary Restaurant/Food Service
Facility Use located withm Gander Mountain PUD as approved by way of
Resolution 106-2007 and as subsequently amended by Administrative
Amendments 07-11-000179 and 07-11-000187 respectively. As indicated on the
attached map the Applicant is located approximately 450 feet away from the
adjacent alcohol serving restaurant uses. The provision of beer and wine for an
ancillary restaurant/food service facility is generally permitted in the General
Commercial-1 zoning district by-right should all separation criteria and zoning code
provisions be in compliance. The orientation and site programming of the two
developments serve as further justification to grant the amendment to allow for the
beer and wine service within the ancillary food service use at the Gander Mountain
retail store as the properties were not designed to readily interact with one another.
Also, the Applicant is requesting City Council approval to allow for the
introduction of up to 33 architectural medallions to be integrated into each
facade of the building. These medallions are considered additional signage as
the the proposed relief will depict a gander in flight (similar to the official
trafemarked logo of Gander Mountain retail store). In this instance and as
outlined below the additional detailing will further increase the visual interest of
each elevation of the store and will blend into the overall design of the store
facade as currently approved.
e
Justification
Beer and Wine Service:
In order to ensure that City Council is made aware of and understands the minor
nature of the request to provide beer and wine service within the Ancillary
Restaurant/Food Service Facility Use (a service permitted within the CG1 zoning
district), the Applicant is bringing forth a Miscellaneous Petition request for City
Council review and approval. As part of the original development considerations
for this retail center, the Applicant, in an effort to ensure that the quality of life and
general welfare of the surrounding residential neighborhood was maintained and
enhanced, provided numerous on- and off-site safeguards and amenities for their
benefit and protection. These protections further justified the request for the
3 of6
Miscellaneous Petition Approval Request - Beer & Wine Service / Medallions
Gander Mountain Retail -Tall Tales Cafe
3/19/2008
I
inclusion of an ancillary food service facility within the main retail space. Such
safeguards and amenities included the provision of an eight (8) foot high buffer wall;
the relocation of the principal building away from the residential community; the
provision of mature landscaping significantly exceeding the City’s code
requirements; and off-site signage to the neighboring community for traffic calming
purposes. In no way does the Applicant’s request contradict any of the previous
conditions of approval as prescribed by City Council or Staff in the above
referenced approvals nor is the Applicant intensifying the service area, style of
food service and/or nature of the already approved Ancillary Restaurant/Food
Service Facility use. The request to serve beer and wine within this ancillary use is
consistent with other large retail store developments that incorporate ancillary food
services and that also serve beer and wine with no formal approval of said service
from City Council to do so, (i.e. the caf6 at Nordstrom department store) and will
not result in the proliferation of similar uses in the area.
a
From a site programming perspective, the approved Ancillary Restaurant/Food
Service Facility use is located within the retail store and is over 320 feet away from
the closest adjacent residential home (airline measurement method) and is separated
from the residential uses by an eight (8) foot high buffer wall. Separation from
residential uses is not a provision of Section 6-4 of the City’s Code of Ordinances.
The use is also located approximately 450 feet from other ”destination” type
restaurant uses that serve alcohol (specifically beer and wine) located in Northlake
Commons PUD which further distinguishes the ancillary nature of the food service
facility proposed at Gander Mountain. The two destination restaurants located in
Northlake Commons PUD are more intense in nature and do not reflect the ancillary
nature of the ancillary food service use located within Gander Mountain.
a
All previous approvals and associated conditions continue to be in effect and shall
be strictly adhered to in order to ensure the general public is best served by the
overall retail use and that the surrounding residential neighbors are not affected by
this Miscellaneous Petition request.
The approved Ancillary Restaurant/Food Service Facility will operate during the
regular hours that the principal retail store is open. This ancillary use shall not
operate outside of the established days and hours of operation of the main store.
The style of food service shall remain unaffected by this request.
4of6
Miscellaneous Petition Approval Request -Beer & Wine Servlce / Medallions
Gander Mountain Retail - Tall Tales Cafe
3/19/2008
I
Medallions (Additional Signage)
It is the Applicant's position that the proposed custom medallions will provide
additional architectural detailing and will provide enhanced visual interest for
both patrons to the center and passers-by. The Applicant is proposing a single
color relief of a bird (specifically, a goose in flight) on a 30 inch by 30 inch pre-
cast panel set at the top of each elevation, (See example of medallion used at
another location below and see elevations attached herein).
As identified in the above examples this custom medallion merely represents an
example of wildlife and the overall theme of the center, and when viewed from
the perspective of a patron or passer-by the relief simply blends with the
significant architectural detailing and adds to the visual interest of the building
and is not clearly discernable from a distance (i.e from 1-95 while traveling past
the retail facility at 55+ miles per hour). The addition of these medallions as '
"additional signage" will fully comply with the maximum area calculation of less
than 70% of the area in which it is located and less than 3% of the overall facade
of the building.
City Council has approved the use of custom medallions depicting wildlife,
plants and or architectural designs throughout the City and the addition of these
elements shall further enhance the character of the center.
5 of6
Miscellaneous Petition Approval Request -Beer & Wine Service / Medallions
Gander Mountain Retail - Tall Tales Cafe
3/19/2008
b
The Applicant is seeking approval of thus Miscellaneous Petition request to
enhance the provision of services to their customers and enhance the visual
appearance of the building through additional architectural detailing. The
request is necessary to alleviate distance separation regulations as set forth in the
City of Palm Beach Gardens Code of Ordinances (Chapter 6-4) for separation
between. The Applicant is requesting relief from said separation requirement.
The Applicant want to ensure Council is assured the request poses no threat to
the safety or well-being of the general public or surrounding residential
neighborhood; that appropriate safeguards have been established within all
previous approvals for this Planned Unit Development, and shall remain in
effect to maintain the safety and well-being of the general public and neighbors.
Further, the Applicant wants to ensure the additional architectural detailing
(medallions) are reviewed and considered for approval, as they will add to the
visual interest of the building to the benefit of passers-by, patrons and visitors to
the site.
The Applicant is continuing to work towards completing the construction of the
Gander Mountain Retail Center and the ancillary uses permitted within the
development. They are seeking Planning and Zoning Appeals Board and City
Council approval to allow for this Miscellaneous Petition request to further
provide the highest quality of service to their customers while ensuring no
negative impacts to the general public will occur as a result of it’s approval.
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6of6
CITY PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
CITY OF PALM BEACH GARDENS
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
- Administrative Appeal
Project Name: -Gander Mountain Retail
- Annexation
- Rezoning
- Site Plan Review
- Concurrency Certificate
.- Time Extension
X Miscellaneous
- Other
Date Submitted:
5125 County Road 101, Suite 100 Owner: Oppidan, Inc. I KTJ Limited Partnership 167 Address: Minnetonka, MN 55345
0 Applicant (if not Owner):
Applicant’s Address: Telephone No.
Agent:- Cotleur & Hearing, Inc.
Contact Person: - Brian Cheguis, Senior Land Planner &Mail: bcheguis@cotleur-hearing.com -
Agent’s Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter FL 33458
Agent’s Telephone Number: -(561) 747-6336 x 127 Fax Number: (561) 747-1377
FOR OFFICE USE ONLY
Petition Number: Date & Time Received:
Fees Received
Application $ Engineering $
Receipt Number:
Architect:- Ryan Companies USA, Inc. Phone Number: (612) 490-2916 -
Engineer:- Keshavarz & Associates, lnc. Phone Number: (561) 689-8600
Planner: __ Cotleur & Hearing, Inc. Phone Number: (561) 747-6336
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Site Information: Note: Petitioners shall submit electronic digital files of
See attachment for details. approved projects.
- General Location: -Subject property is located on the east side of Interstate 95 with access from Sandree
Address:
Drive. It is located approximately 1/4 of a mile south of Northlake Boulevard
No address - Vacant land
Section: - Township: 42s Range: 43E - 19
Property Control Number(s): - 52-43-42-1 9-00-000-3320
Flood Zone Zone B Base Flood Elevation (BFE) - to be indicated on site plan
Current Comprehensive Plan Land Use Designation:- Commercial
Existing Land Use: None - Vacant Land Requested Land Use: Commercial
Proposed Use(s) i.e. hotel, single family residence, etc.: -Commercial / Retail e
Proposed Square Footage by Use: -99,359 s.f. general retail with upto 15,000 s.f. of indoor ancillary boat and ATV sales 8.
5,641 s.f. of ancillary food service area (w/ beer and wine service) and 1,442 sf of outdoor
Proposed Number and Type of Dwefi%TfJ%!s) Le. 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:
- See attached justification statement
2. What will be the impact of the proposed change on the surrounding area?
See justification statement attached herein
3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements
of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
See iustification statement attached herein
0 4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-301 , Land Development Regulations)?
See justification statement attached herein
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
261, Land Development Regulations)?
See justification statement attached herein
6. Has project received concurrency certification?
Yes please see attached TPS letter from the PBC Traffic Engineering Department
Date received:
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately 114 mile(s) from the intersection of-Sandtree Dr.
-, on the - north, .Xeast, -south, west side of 1-95 8, Northlake Boulevard
(streedroad).
Statement of Ownership and Designation of Authorized Agent
Before me, the undersigned authority, personally appeared b/~/c 1, b J/ 72( uG -/
!dcJIJC~~ 04 kLf L/.v~dkhcl.llx who, being by me first duly sworn, on oath deposed and says:
UM /jthlQ4 1 .J '"ha 9 he/she y&f is I,- the fee simple title owner of the property described in the attached
Legal Description.
e
2. That he/she is requesting - Miscellaneous Petition ADoroval - Pre-clearino aoorovat :.n the
City of Palm Beach Gardens, Florida.
3. That he/she has appointed Donaldson Hearing / Brian Cheguis - Cotleur & Hearing, Inc to act
as authorized agent on his/her behalf to accomplish the above project.
P. 0. Box City, State, Zip Code
95-J- 29q- 63s-3 9sd -29Y- OK/
Telephone Number Fax Number
My Commission expires:
.
Applicant's Certification
I/We affm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE fbrther 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,
Vwe 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 ?re not returnable.
Applicant is:
X Owner
- Opt' ionee
- Lessee
- Agent
&*uhw&, fi f/ 5322""r-
City, State, Zip Code
Telephone Number
Contract Purchaser 9Q-2s r'- OK--/ - Fax Number
I'
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+Omidan Investment Co.
‘ jw Ryan
Jay Moore
et. Architects .:- Ryan Companies
.I Kenneth Carlson Architects, AIA
e:. Keshevarz &.Associates Inc Consulting Engineers
Kotleur & Hearing Inc Land Planners, Landscape Architects & Environmental Consultants
1.. .
1 . . ,I
. I I_ __-
=Hearing
GANDER MOUNTAIN
BACKCIKWUNU _\.
THE CITY COUNCIL APPROVED THE PUD ON
NOVEMBER 1,2008 BY WAY OF ORDINANCE
30,2007 AND RESOLUTION 106,2007.
I
-I- .- .__
GANDER MOUNTAIN
North
I
GANDER MOUNTAIP
~
T
PROGRESS PHOTOS
GANDER MOUNTAIN
I PROGRESS PHOTOS
CA R MOUNTAIN
“We live A ti uor
GANDER MOUNTAIN
,OR OPENING IS PLANNED FOR MARCH 31,
008.
RATION tS PLANNED
<OR APRIL 11,
'NL TALES R T 15 SCHEDULED TO
POSSIBLE I 5 COOPERATIQC
L I
-.
&.pi GANDER MOUNTAIE'
GANDER MOUNTAIN
GANDER MOUNTAI~
I 7
i~~ CAW3ER MC'JNTAIN
-- -mu \
2.
3.
4.
I 6.
7.
8.
CONSTRUCT BUFFER WALL PRIOR
TO FIRST BUILDING PERMIT.
INCREASE WALL HEtGHT FROM 6'
TO 8'.
WALL LOCATION 5-25' SET BACK
IMPLEMENT WILDLIFE
MANAGEMENT PIAN
SIGN WALLS AT ENTRY
RIGHT TURN LANE AT ENTRY.
EFFECTUATED THE CLOSING OF
SANDTREE DRIVE.
PROVIDE FOR THE REMOVAL AND
COST OF EXISTING UTILITY AND
BUILDING ENCROACHMENTS.
GANDER MOUNTAIN
I- I
C "LNDFO MQI 'NTAIN
-, 1 - -L
GANDER MOUNTAIN
m “We live Outdoors”