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HomeMy WebLinkAboutAgenda P&Z 061008CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: TO: FROM: SUBJECT: June 10,2008 Planning, Zoning and Appeals Board Members Growth Management Department Planning, Zoning and Appeals Board Meeting Tuesday, June 10,2008 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, June 10, 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. Approval of Minutes: March 25,2008 As always, the respective Project Managers’ telephone numbers and email addresses have been provided in case you have any questions or require additional information on any petition. This will help us offer better staff support in the review of these applications. Nina Sorenson, Administrative Specialist II, Will call to mdhn your attendance. Growth hgernent Administrator AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, JUNE 10,2008 AT 6:30 P.M. COUNCIL CHAMBERS CALLTOORDER PLEDGE OF ALLEGIANCE ROLLCALL REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN APPROVAL OF MINUTES: March 25,2008 PLANNING. ZONING AND APPEALS BOARD Reeuiar Members: Alternates: Craig Kunkle (Chair) JoyHecht(lS'At.) Douglas Pennell (Vice Chair) BarryPresent Randolph Hansen Dennis Solomon Michael Pan& Amir Kanel (Zd At.) P~g,zoningandAppealsBoard June 10,2008 1. Public Workshop: Petition SPLA-08-01-000010: Steeplechase Research & Office 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 comer of Steeplechase Drive and Beeline Highway and is approximately 3.71 acres. Project Manager: Richard Marrcro, Senior Planner rmarrero@ub&.com (799-4219) Final Approval: Ex Parte Communication (Public Hearing) SPLA-08-01-000011: Burma Commerce Park Consideration of Approval: A request by Gentile, Holloway, O’Mahoney & Associates, Inc., agent, on behalf of Burma Properties, Inc., to permit a reallocation of uses by eliminating the retail use to allow medical and dental uses and flex-space, which includes warehouse and ofice/wsrehouse uses within Burma Commerce Park. The 2.293-acre site is located approximately 118 of a mile south of the intersection of Northlake Boulevard and Burma Road on the east side of Burma Road. 2. Project Manager: Jackie Hollomsn, Phajhol~oman@’pbgfl com (799-4237) 3. Public Hearing: Petition LDRA-07-01-000012: Height Limitations Ordinance 13, 2008-An ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to limitations on height waivers; amending section 78-1 58, code of ordinances, entitled “waivers to planned development district regulations”; amending section 78-1 84, code of ordinances, entitled “height of buildings” to impose limitations on height waivers; providing for codification; and providing an effective date. Project Manager Karn Invin, Growth Management Administrator kinvincnlphgfl.com (799-4242) 4. OLDBUSINESS 5. NEWBUSINESS 6. ADJOURNMENT In accordonae with the Americans with Disabilitiea Act and Florida Statute 286.26, persons with disabilities needing apecial aawmmodaifons to participate in this proceeding ahculd contact the Civ Clerk’s wce, no later than five days prior to the proceeding, at telephone number (561) 799-4120 for assistonce; if hearing impaired, telephone the Florida Reluy Service Numbers (800) 955-8771 OD) or (800) 955-8770 (T4OICE)). for assistance. Ifa person decides to appal any decision made by the Planning, Zoning and Appeals Board, ha1 Planning Agency, w Land Dewkyment Regulations Commisnion, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, they may need to ensum that a verbatim record of the pweedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and/or su~ey for the cases may be obtainedfim thefiles in the Growth Management Department. Chmm~Ipz wda 06-10*2008.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 v. 38 39 40 41 42 43 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING MARCH 25,2008 The March 25, 2008 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 Gardens, Florida, and opened by Chair Craig Kunkle. 1. CALL TO ORDER 11. PLEDGE OF ALLEGIANCE 111. ROLL CALL The Municipal Services Coordinato Members Present: wth Management Administrator ard members on the dais. IV. roved signage for CVS pharmacy in the Prosperity Center. APPROVAL OF, MINUTES Motion Dennis Solomon made a motion to accept the Planning, Zoning and Appeals Board minutes from November 13, 2007, January 8, 2008 and February 12, 2008. Douglas Pennell seconded. The motion was approved unanimously, 7-0. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 03 .25 .08 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 VI. RECOMMENDATION TO CITY COUNCIL 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. Chair Kunkle reques conversation with J Donaldson Hearing, Cotle introduced Jay Moore and Doug Jandro. project and noted administrative February 1,2008. Mr. Hearing then r be served in the restaurant. The secon placed at points around the top of the build Soft opening will be Marc Chair Kunkle declared the p hearing was closed and the matter broug Discussion among Board m Vice Chair Do hing to speak, the public VIII. the screening for service areas at Downtown t the Garde pplication h owth Management Administrator, reported that an dressing the issues and it will be coming before the Planning, Zoning and Apdeals Board soon. (The remainder of this page intentionally Iefi blank.) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 03 .25 .08 Page 2 1 X. ADJOURNMENT 2 3 4 There being no hrther business to come before the Board, Chair Kunkle adjourned the meeting at 6:43 p.m. The next regular meeting will be held April 8, 2008. 5 APPROVED: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ATTEST: 41 42 43 44 45 46 47 48 49 50 Craig Kunkle, Chair Dennis Solomon 'Jr, ' ail. Randolph Hansen ~ Michael Panczak Donna M. Cannon Municipal Services 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 Office of the City Clerk. Note: The Public Information Coordinator swore in those preparing to give testimony. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 03 .25 .08 Page 3 e CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: June 4,2008 FROM: SUBJECT: Planning, Zoning, and Appeals Board Members @+L Richard J. Marrero, Senior Planner Steeplechase Research 81 Office Center 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 June IO, 2008, PUB 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 PUB may have. ISSUES & CONCERNS 0 City Code Section 78-153, Nonresidential zoning district regulations, Table 12 Note 2, states that properties with a commercial neighborhood zoning designation shall be the lesser of two stories or thirty-six feet. The Applicant proposes a three-story office building and staff believes the waiver for the additional story is not adequately justified and out of character with the residential portion of the development. e Staff has serious concerns with the function of the ingress/egress to the site via Steeplechase Drive. 0 The City Engineer has requested that the Applicant obtain the digital files for the southern guardhouse located on Steeplechase Drive in order to obtain a comprehensive view of the site and how it would function. F Q? f I r- ,/ ,' ,' ,' ,' i 6 f2 rf: 0 3 - 7 3 nJ v e # # 0 9 h 8 ~ b J I Iv, I- F a # f .. . . ... .- -- -:--:, - . . .. -. , rnltll 4r 9 I. 6 I R l-" I r I c sr I I I 19 p: ct I P c p c I I I ii- e b f A- ? $1 m 4- I R 1 PROPOSED PROFESSIONAL BUILDING STEEPLECHASE RESEARCH & MEDICAL CENTER PALM BEACH GARDENS, FLORIDA BEELINE HIGHWAY c -+ e Ii : %,\li'I I, '6 ,o' '0, c "Z PROPOSED PROFESSIONAL BUILDING - - c L 1- - STEEPLECHASE RESEARCH & MEDICAL CENTER ,-. si ~ , id PROPOSED PROFESSIONAL BUILDING STEEPLECHASE RESEARCH & MEDICAL CENTER BEELINE HIGHWAY PALM BEACH GARDENS, FLORIDA i I Ill1 * PROPOSED PROFESSIONAL BUILDING . - - c c I STEEPLECHASE RESEARCH & MEDICAL CENTER 12 - “. e 11 1' r T m ! I *, )c PROPOSED PROFESSIONAL BUILDING c r = - - - + % L( T $61. 178.8110 F 581.776.8168 fmm-Cab..RS)LII rn-mm I: yIDpWm.dIwmi ~icsn~~mx0709 STEEPLECHASE RESEARCH & MEDICAL CENTER BEELINE HIGHWAY PALM BEACH GARDENS, FLORIDA ,I"' '81, Ill\' 'I 'd, i '\ i: I ! #e . r PROPOSED PROFESSIONAL BUILDING 1: I: I=, I Ihl-CMaR33LM --mn ,\*' '8, c e - .. I % T W'I. 78. em F -1. ne 4mFGhWwd%hm Ua"MXDW7OO STEEPLECHASE RESEARCH & MEDICAL CENTER BEELINE HIGHWAY PALM BEACH GARDENS, FLORIDA III, ,,I$' *I . 1 PROPOSED PROFESSIONAL BUILDING STEEPLECHASE RESEARCH & MEDICAL CENTER BEELINE HIGHWAY PALM BEACH GARDENS, FLORIDA re ~: .. 11 !I I1 I '.* . i / / / / / / / ,/' 'e* v, SCALE QESlGN ENGINEER: AS ,,g+- CONCEPTUAL MICHAEL D. SPRUCE o -0c I 2i <+NE4 Fg STEEPLECHASE RESEARCH UTILITY m w 'ITE PLAN AND MEDICAL CENTER @ 2008 KIMLEI-HORN AND ASSWATES. INC. PHONE (561) 330-2345 SMB - 52776 1690 S CONGRESS AK. SE. 100 DELRAY BEACH. n 33445 DRAW BY ss FAX (561) 330-2145 MDS DAE Un DCVlClnMC "A_ 0, W KIMLEY-HORN.WU CA DWW696 gg PLAN CHECKED BY PALM BEACH GARDENS, FLORIDA I , 7 ?ea, IO c m~ .I+ r> Ed W 1 E g AS NOTED DESCN ENGINEER SCALE DESIGNED By MICHAEL 0. SPRUCE SITE DEVELOPMENT PLAN CONCEPTUAL AND MEDICAL CENTER PALM BEACH GARDENS, FLORIDA nM1IDA RECISTRAIION NUMBER: 52776 DRAW BY ss STEEPLECHASE RESEARCH S IGNAGE NO. REVISIONS DATE BY MDS DATE PLAN CHECKED BY i ! ! ;: 9 0 2 c <+ ' 5 8$ g ' ?) t@ I SCALE DEXN ENGINEER AS NOrrD 'ITE STEEPLECHASE RESEARCH ROAD IMPROVEMENTS DRAWN PALM AND BEACH MEDICAL GARDENS, CENTER FLORIDA PLAN CONCEPTUAL ENTRANCE MICHAEL D. SPRUCE @ 1008 KIMLEI-HORN AND ASSWATES. INC. PHONE (561) 330-2345 MDS - 1690 s. CONGRESS AK STE. iw DELRAY BEACH. n ~~14s 52776 SS FAX (561) 330-2245 MDS W KIMLEY-HORN.COM CA WDW686 NO, REVlSlONS DATE BY DAE TO STEEPLECHASE CnECKED By E8 22 a I d \ I I- I- ;D 0 > U . . __ - . .. . .... - . .... -- -e- a' * . wing noms: K:\BCD~Ci~II\l44167001-Steepiechass\CADD\144167001\dwg\20080425-Submittai\C-06-PLAN-CONCEPT-PGO-SECTIONS.dwg C-06 CONCEPTUAL-PGD-SECTIONS Apr 28. 2008 1l:OQom by eric.waldron . -nt. top.thr ...... cangta ... *m pmmld hn.k. .... Instrunnl .. dn. ........ aly ..... 4nlls ....................... pmPmd. ............ r.llmc. ..... docvmnl wilhcxlt Wtln wthorimtion ............ Klmi.yHan .. A.*rlml-. .. .hdi ........ lbbllty .. ~hi.y~- .. ~.-i.i... - p (D d u A P d W N A A 9 0 - W N ? ? 8 ? ? 9 ? ? ? ? x b i i I i j I - i j i v) m 0 A 0 z 0 I 0 - v d m A P d w N x ? ? g ? ? 0. v) m 0 A 0 , z ! m i 1 , d 6 i ! ! ! ! ; i y ? i I i 'D I P I F i-. Y s - 1 f ln e. 1 I 1- 0 z 0 I 0 \ v, SCALE OESIGN ENGINEER AS NOTED 'ITE PLAN CONCEPTUAL MICHAEL 0. SPRUCE @ 2008 KIMLEI-HORN AN0 ASSOaATES. INC. 1690 S CONGRLSS AVE STE 1W OELRAY BEACH. FL 33445 PHONE (561) 330-2345 WKIYLEY-HORN MH CA OWW696 - FLMIDA REGISTRATION NUUBER 52776 STEEPLECHASE RESEARCH PAVING, GRADING & AND bEDlCAL Ef'JTER DRAINAGE DETAl LS CHECKED oR*~ ss FAX (561) 330-2245 MDS DATE: No. REVlSlONS DATE E\ PALM BEACH GARDENS, FLORIDA rr E t i R E t CE X c> 2 - 0 c co co a /' SCALE AS NOTED DESlGN ENGINEER: MICHAEL 0. SPRUCE ;; g SITE DEVELOPMENT PIAN 25 ?: STEEPLECHASE RESEARCH TRUCK TURNING FL~IDA REcismAnm NUMBER SMB w+ Nd 86 ; AND MEDICAL CENTER @ 2008 KIMLEY-HORN AND ASZWATES. INC. I690 5 CONGRESS AK. STE. 100 DELRAY BEACH. Ft 33445 52776 ss PHONE (5611 330-2345 FAX (561) 330-2245 MOVEMENT PLAN W KIMLEY-HORN.WM CA DWW696 NO. REUSIONS DATE BI MDS DATE CHECKED BY PALM BEACH GARDENS, FLORIDA ACCESS EVALUATION Tract A of Steeplechase PUD Steeplechase Office Building This is a review and evaluation of the access conditions for Tract A of the Steeplechase PUD which is located in the northeast corner of Beeline Highway and Haverhill Road. PUD Amroved Access According to the PUD access was to be provided via two points - one on Beeline Highway and the other on Haverhill Road. H Beeline Highway is a state road, known as SR 710. It is a four lane divided highway with approximately a 40-foot wide median. Access is controlled by the Florida Department of Transportation (FDOT) which has granted a permit for a right in, right out driveway at the extreme east end of the site about 5 10 feet from Haverhill Road. Haverhill Road access is shown on the PUD at the extreme north end of the site on Haverhill Road approximately 250 feet from Beeline Highway. The intersection of Beeline Highway and Haverhill Road is controlled by a traffic signal. The current conditions are an undivided street that would allow access into and out of the access driveway. Gatehouse and median improvements planned by the Homeowners Association have been incorporated, as well. The two access points provided in the PUD access plan offer a high level of ingress and egress for the site. Drivers entering and exiting Tract A will benefit from the traffic signal at the intersection of Beeline Highway and Haverhill Road. a Entering traffic from the west on Beeline Highway can turn left at Haverhill Road protected by the signal and turn right into the site. A separate right turn lane is to be provided to separate this movement from northbound traffic entering Steeplechase. right onto Beeline Highway at the signal or turn right directly from the site at the Beeline Highway access point. site. A separate right turn lane has been required by FDOT to separate this movement from high speed westbound traffic on Beeline Highway. left onto Beeline Highway protected by the signal. a Exiting traffic wanting to go west can exit onto Haverhill Road and turn Entering traffic from the east on Beeline Highway can turn right into the Exiting traffic wanting to go east can exit onto Haverhill Road and turn a The PUD access plan with two access points also allows good onsite circulation within Tract A. There are benefits to having more than one access in that the site traffic and onsite parking are better distributed and balanced across the site. Sites with only one way in and one way out are more congested at the driveway and in that portion of the site near the only driveway. Taking away the access point on Haverhill Road would severely reduce the quality of access to and from the site. Beeline Highway is a divided highway and drivers entering from the west and those exiting to go east would be negatively impacted by eliminating access to Haverhill Road and the signal at Beeline Highway. In particular: Drivers entering from the west would have to go through the signalized intersection at Haverhill Road, pass the site on their left and go 2,600 feet farther east to the next opening in the median which is at Blue Heron Boulevard, make a U-turn and go back 2,000 feet to the only driveway to turn into the site. driveway, cross three lanes of high speed traffic on Beeline Highway (including the right turn lane), enter the left turn lane approaching Haverhill Road (the fourth lane), make a U-turn and proceed back past the site to the east. Similarly, drivers exiting to go east would have to exit the only This unnecessary and circuitous travel reduces the quality of access associated with the site. The U-turns increase exposure to conflicts with high speed traffic on Beeline Highway. Therefore, it is my professional opinion that the PUD access plan is more beneficial to the drivers entering and exiting Tract A and eliminating the Haverhill Road driveway would be detrimental to safe and convenient access to the site. Proposed Gate Control Stratenv Steeplechase Drive is a private road and the automatic gate that has controlled the entrance from Beeline Highway is being converted to a manned gatehouse. Residents will have an automatic control and visitors will have to stop at the gatehouse both entering and exiting. The ofice building planned for the commercial parcel will offer right in right out access directly onto Beeline Highway. Access onto Steeplechase Drive is important to the project to provide for eastbound left turns from Beeline Highway entering the site and for exiting traffic wanting to go east. The limited spacing between Beeline Highway and the project driveway and the proximity of the gatehouse can be managed with a gate control strategy like the one outlined herein. The attached graphic shows the three major movements through the project driveway intersection at Steeplechase Drive. A. Southbound exiting on Steeplechase Drive including residents (Al) and visitors (A2) B. C. Westbound exit from the office building project Northbound on Steeplechase Drive approaching the gatehouse including residents (Cl) and visitors (C2) The intent of the control strategy is to manage potential conflicts among Steeplechase residents and visitors and traffic from the office building. The exit at B would have to be gate controlled at B1, but not at B2. But loop detection may be needed at B2 and at C1 and C2. Some of the strategies may include the following: rn rn Only allow B 1 when A 1 and A2 are closed Don’t allow A to open until B2 has cleared Don’t allow B if C is queued past a certain point In this was a gate control strategy can be developed to manage traffic movement and meet the needs of drivers from Steeplechase and the office building. P:\1441 I67001 \Access Evaluation Dec 2007.doc .. ’ L II I I ! B c fl I I I I I I I I I I I I I I I 3 S I \ \ CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: May 27,2008 Meeting Date: June 10,2008 Petition: SPLA-08-01-000011 FINAL ORDER-08-01 - SUBJECTlAGENDA ITEM FINAL ORDER 08-01 SPLA-08-01-000011: Burma Commerce Park Consideration of Approval: A request by Gentile, Holloway, O’Mahoney & Associates, Inc., agent, on behalf of Burma Properties, Inc., to permit a reallocation of uses by eliminating the retail use to allow medical and dental uses and flex-space, which includes warehouse and office/warehouse uses within Burma Commerce Park. The 2.293-acre site is located approximately 1/8 of a mile south of the intersection of Northlake Boulevard and Burma Road on the east side of Burma Road. ~~ [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Bahareh K. Wolfs, AICP Approved By: City Manager: Ronald M. Ferris Originating Dept.: Growth Management: Planner [XI Quasi - Judicial [ 3 Legislative [ 1 Public Hearing Advertised: Date: Paper: [ ] Required [ X 3 Not Required Affected Parties: [ ]Notified [ XI NotRequired FINANCE: Finance Administrator: Allan Owens NIA Senior Accountant: 4 Tresha Thomas Fees Paid: [ X ] Yes Budget Acct.#: NIA PZAB Action: [ ]Approval [ ] App. wl conds. [ 3 Denial [ 3 Continued to: Attachments: Approval Order PZAB Approval Applicant Narrative Tenant List Zoning Map Location Map Site Plan Traffic Conc. letters DRCComments Letter - July 28,2000 Date Prepared: May 27,2008 Meeting Date: June 10,2008 Petition: SPLA-08-01-000011 FINAL ORDER 08-01 EXISbNG USE BACKGROUND ZONING LAND USE On June 27,2000, the Planning, Zoning, and Appeals Board (PZAB) approved a minor site plan for Petition SP-00-01 - Burma Road Commerce Park. This project has been constructed and currently includes two one-story buildings with 7,300 square feet of retail use and 15,430 square feet of office use, totaling 22,730 square feet on 2.293 acres. The PZAB approval letter dated July 28, 2000, included a condition (No. 1) that permitted those uses allowed in the General Commercial (CG-1) zoning district, except for medical and dental offices because of the parking requirement of one parking space per 200 square feet of gross floor area. Medical and dental office uses are a “Permitted” use in CG- 1 zoning districts, provided parking and traffic concurrency requirements are satisfied. With this current petition, the reallocation of uses will include warehouse office and warehouse, which have less parking and traffic concurrency requirements. ~ Subiect Property Burma Commerce Park North Northlake Executive Park South VacantAJndeveloped Land Light Industrial Park Palm Beach County (PBC) West Multifamily Residential - Re si den ti a1 Development (PB C) East Sports Authority General Commercial (CG-1) Commercial (C) General Commercial (CG-1) Commercial (C) Industrial (PBC) Residential (PBC) Planned Development (PBC IL) Medium Density (RM) (PBC) General Commercial (CG-1) Commercial (C) - - - APPLICANT’S REQUEST The site currently operates as office and flex space, as there are existing garage bays for interior storage of vehicles and supplies. The previously approved retail use has never been utilized. Therefore, the applicant is requesting a reallocation from 7,300 square feet of retail use and 15,430 square feet of office use to 9,000 square feet of medical and dental use, 3,000 square feet of general professional office use, 5,365 square feet of warehouse office, and 5,365 square feet of warehouse. The applicant has demonstrated that parking and traffic concurrency requirements have been met for the new proposed uses. Section 78-147(d)( 1) allows storage within a completely enclosed building provided not more than 30 percent of gross floor area (6,819 square feet) is utilized for storage of goods and merchandise. The applicant is proposing 5,365 square feet for warehousing or storage of goods and merchandise. LAND USE & ZONING The land-use designation of the site is Commercial (C). Commercial (CG-1). The zoning and land-use designations of adjacent properties are as follows: The zoning designation is General 2 Date Prepared: May 27,2008 Meeting Date: June 10,2008 Petition: SPLA-08-01-000011 FINAL ORDER 08-01 USE Medical Office (9,000 s.f.) Professional Office (3,000 s.f.) Flex Suace: 0 TRAFFIC CONCURRENCY REQUIRED PARKING SPACES 45 spaces (1 space/200 s.f.) 10 spaces (1 space/300 s.f.) The site previously received traffic concurrency approval for 7,300 square feet of retail space and 15,430 square feet of office space. With this current application, the applicant is proposing: 9,000 square feet of medical andor dental office use; 3,000 square feet of professional/general office use; and flex-space consisting of 5,365 square feet of warehouse and 5,365 square feet of warehouse/office. Palm Beach County Traffic Engineering, in a letter dated May 2, 2008, and McMahon Associates, Inc., in a letter dated April 17, 2008, both confirm the project has received traffic concurrency approval for the proposed uses based on a build-out date of December 3 1 , 2009. Warehouse Office (5,365 s.f.) Warehouse (5,365 s.f.) Total Spaces Required Total Spaces Provided 0 PARKING 22 spaces (1 space/250 s.f.) 3 spaces (1 space/2,000 s.f.) 80 spaces 81 spaces Parking requirements for the proposed uses have been calculated, with 80 spaces required and 8 1 spaces provided, as shown below: Included with the 8 1 parking spaces provided are four (4) required ADA compliant parking spaces, In addition, two loading spaces and four bicycle spaces have been provided. DEVELOPMENT REVIEW COMMITTEE COMMENTS The applicant has satisfied all Development Review Committee (DRC) comments. The site plan is unchanged except for modifications to the Site Data Table to reflect the reallocation of uses and parking requirements. STAFF RECOMMENDATION Staff recommends APPROVAL of Petition PPUD-07-02-000013, including the special conditions below, which shall supersede those conditions set forth in the previous Order Approving Minor Site Plan (SP-00-01, dated July 28,2000): 1. The permitted uses for this site shall be 9,000 square feet of medical and/or dental office use, 3,000 square feet of professional/general office use, and flex-space consisting of 5,365 square feet of warehouse and 5,365 square feet of warehouse/office. (Planning & Zoning) Prior to issuance of building permits for interior renovation and prior to issuance of each 3 Date Prepared: May 27,2008 Meeting Date: June 10,2008 Petition: SPLA-08-01-000011 FINAL ORDER 08-01 occupational license, or upon request by the City, the Applicant, its successors, and/or assigns shall submit to the City an updated tabular summary indicating the total square footages leased for each approved use. (Planning & Zoning, Development Compliance, Code Enforcement) 3. Both buildings on site shall have fire-rated walls and/or sprinkler systems, per the approval of the City’s Fire Marshal. (Fire Department) PREVIOUSLY SATISFIED 4. Prior to construction plan approval, the applicant shall revise the plans to modify the “5-foot Striped Access Aisle” between the two buildings to show the sidewalk crossing after the stop sign. (City Engineering) PREVIOUSLY SATISFIED 5. Prior to the final certificate of occupancy, all structures within proximity of the drainage system, including but not limited to landscaping and light poles, shall be field verified to avoid conflicts. (City Engineering) PREVIOUSLY SATISFIED 6. Prior to construction plan approval, the applicant shall revise the paving, grading and drainage plan to show the landscape berm on the western boundary of the site. (City Engineering) PREVIOUSLY SATISFIED 7. Upon approval of the development order, the applicant shall secure a “Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service,” which shall be verified by the delivery of a hlly executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) PREVIOUSLY SATISFIED jh/case files/Burrna Commerce ParWStaff Report Burma PZAB Cons of Aprvl.doc 4 PLANNING, ZONING, AND APPEALS BOARD CITY OF PALM BEACH GARDENS FINAL ORDER-08-01 PETITION NO. SPLA-08-01-000011 - Burma Commerce Park RE: A request by Gentile, Holloway, O’Mahoney & Associates, Inc., agent, on behalf of Burma Properties, Inc., to permit a reallocation of uses by eliminating retail use and allowing medical and dental use, professional/general office use, and flex space consisting of warehouse and warehouse/ofXce. LEGAL DESCRIPTION: All of Burma Commerce Park, according to the map or plat thereof as recorded in Plat Book 79, Page 42, Public Records of Palm Beach County, Florida. ORDER APPROVING MINOR SITE PLAN AMENDMENT AND USE CHANGES THIS PETITION came to be heard after receipt of 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, and other interested persons at a public meeting, hereby makes the following findings of fact: 1. In accordance with Land Development Regulations (LDRs) Section 78-43, Review of applications for development orderapproval, the Planning, Zoning, and Appeals Board is the decision-making authority for Minor Site Plan Reviews. This project received original approval by the Planning, Zoning, and Appeals Board (f.k.a. Site Plan and Appearance Review Committee) at its meeting of June 27, 2000; 2. In accordance with LDRs Section 78-48, Site plan reviews, a Minor Site Plan review by the Planning, Zoning, and Appeals Board is appropriate when a non-residential project is less than three (3) acres in size and involves less than 30,000 square feet. This parcel consists of 2.293 acres and the building square footage is 22,730 square feet; 3. Public notice is not required for a minor site plan amendment according to Section 78- 54, Public notice, Table 4, of the City’s Land Development Regulations. 4. In letters dated April 17,2008, Palm Beach County Traffic Engineering and McMahon Associates, Inc., confirm that the project has received traffic concurrency approval for the proposed uses based on a build-out date of December 31 , 2009. 5. The property, which is the subject of this application, is classified and zoned General Commercial (CG-1) by the City’s Land Development Regulations and the zoning map made a part thereof by reference. Section 78-147(d)(I) allows storage within a completely enclosed building provided not more than 30 percent of gross floor area (6,819 square feet) shall be utilized for storage of goods and merchandise. The applicant is proposing 5,365 square feet for warehousing or storage of goods and merchandise. 6. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board Planning, Zoning, and Appeals Board Meeting Date: June IO, 2008 Petition: SPLA-01-01-000011 FINAL ORDER-08-01 has the right, power and authority to act upon the application herein made. 7. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board has determined that the request meets the criteria of the Land Development Regulations previously referenced in this Order. IT IS THEREUPON CONSIDERED, ORDERED, AND ADJUDGED by the City of Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: Petition SPLA-08-01-000011 for Burma Commerce Park is hereby APPROVED to allow the conversion of 7,300 square feet of retail use and 15,430 square feet of professionallgeneral office use to 9,000 square feet of medical and dental office use, 3,000 square feet of professionallgeneral office use, and flex space consisting of 5,365 square feet of warehouse and 5,365 square feet of warehouseloffice, with reference to the above-described property in the City of Palm Beach Gardens, Florida. THIS APPROVAL shall be subject to the following special conditions, which shall supersede those conditions set forth in the previous Order Approving Minor Site Plan (SP-00-01, dated July 28,2000). Satisfaction of and compliance with the subject special conditions shall be the responsibility of the applicant, its successors, andlor assigns. (Note: The conditions no longer applicable have been noted as “Previously Satisfied.”) 1. The permitted uses for this site shall be 9,000 square feet of medical andlor dental office use, 3,000 square feet of professionallgeneral office use, and flex-space consisting of 5,365 square feet of warehouse and 5,365 square feet of warehouse/office. (Planning & Zoning ) 2. Prior to issuance of building permits for interior renovation and prior to issuance of each occupational license, or upon request by the City, the Applicant, its successors, and/or assigns shall submit to the City an updated tabular summary indicating the total square footages leased for each approved use. (Planning & Zoning, Development Compliance, Code Enforcement) 3. Both buildings on site shall have fire-rated walls and/or sprinkler systems, per the approval of the City’s Fire Marshal. (Fire Department) PREVIOUSLY SATISFIED 4. Prior to construction plan approval, the applicant shall revise the plans to modify the “5- foot Striped Access Aisle” between the two buildings to show the sidewalk crossing after the stop sign. (City Engineering) PREVIOUSLY SATISFIED 5. Prior to the final certificate of occupancy, all structures within proximity of the drainage system, including but not limited to landscaping and light poles, shall be field verified to avoid conflicts. (City Engineering) PREVIOUSLY SATISFIED 2 Planning, Zoning, and Appeals Board Meeting Date: June IO, 2008 Petition: SPLA-01-01-000011 FINAL ORDER-08-01 6. Prior to construction plan approval, the applicant shall revise the paving, grading and drainage plan to show the landscape berm on the western boundary of the site. (City Engineering) PREVIOUSLY SAT1 SF I ED 7. Upon approval of the development order, the applicant shall secure a “Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service,” which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) PREVIOUSLY SAT1 S F I ED THIS APPROVAL shall be in accordance with the following plans on file with the City’s Growth Management Department: 1. April 08, 2008, Site Plan SP-1 , 1 sheet, by Gentile, Holloway, O’Mahoney & Associates. 2. May 23, 2000, Site Detail Sheet, The Sun Group, Inc., Sheet SP2, I sheet. 3. May 23, 2000, Building Elevations, The Sun Group, Inc., Sheet AI, 1 sheet. 4. May 23, 2000, Floor and Roof Plans, The Sun Group, Inc., Sheet A2, 1 sheet. 5. 6. June 9,2000, Landscape Plan, David W. Lockmiller, ASLA, Sheet LS-1, 1 sheet. June 9, 2000, Landscape Details, David W. Lockmiller, ASLA, Sheet LS-2, 1 sheet. 0 7. June 5, 2000, Conceptual Drainage Plan, Jeff H. Iravani, Inc., Sheet C1, 1 sheet. 8. May 23, 2000, Photometric Site Plan, The Sum Group, Inc., Sheet MEI, 1 sheet. 9. April 2, 2000, BoundaryiTopographic Survey, Dailey and Associates, Inc., 1 sheet. DONE AND ORDERED this IOth day of June, 2008. PLANNING, ZONING, AND APPEALS BOARD Craig Kunkle, Chair ATTEST: BY: Recording Secretary Jh/case files/Burma Commerce ParWFinal Approval Order Burma Uses PZAB.docx 3 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4689 July 28, 2000 Richard Sun The Sun Group, Inc. 900 East lndiantown Road, Suite I1 5 746-7706 fax: 746-7478 rsy‘t.t;eu- p( 33t7.7 RE: SP-00-01 - Burma Road Commerce Park Dear Mr. Sun: At the Site Plan and Appearance Review Committee’s June 27, 2000 meeting, the Committee voted 6 to 0 to grant approval to petition SP-00-01 - Burma Road Commerce Park. Said approval shall be consistent with plans filed with the City’s Growth Management Department as follows, and shall supersede the existing site plans: 1. 2. 3. 4. 5. 6. 7. 9. a. June 6, 2000 Site Plan, The Sun Group, Inc., Sheet SPI, 1 sheet, May 23, 2000 Site Detail Sheet, The Sun Group, Inc., Sheet SP2, 1 sheet. May 23, 2000 Building Elevations, The Sun Group, Inc., Sheet AI 1 sheet. May 23, 2000 Floor and Roof Plans, The Sun Group, Inc., Sheet A2, 1 sheet, June 9, 2000 Landscape Plan, David W. Lockmiller ASLA, Sheet LS-I, 1 sheet. June 9, 2000 Landscape Details, David W. Lockmiller ASLA, Sheet LS-2, 1 sheet. June 5, 2000 Conceptual Drainage Plan, Jeff H. Iravani, Inc., Sheet C1, 1 sheet. May 23, 2000 Photometric Site Plan, The Sun Group, Inc., Sheet MEI, 1 sheet. April 2, 2000 BoundaqdTopographic Survey, Dailey and Associates, Inc., 1 sheet, Said site plans shall comply with the following conditions: 1. The permitted uses for this site shall be those permitted in the General Commercial (CG-1) zoning district except for dental and medical offices. No dental or medical offices shall be permitted on this site. (Planning & Zoning) 2. The total amount of retail space on this site shall not exceed 7,300 square feet. (Planning & Zoning) 3. Both buildings on site shall have fire-rated walls andlor sprinkler systems, per the approval of the City’s Fire Marshal. (Fire Department) 4. Prior to construction plan approval, the applicant shall revise the plans to modify the “5- foot Striped Access Aisle” between the two buildings to show the sidewalk crossing after the stop sign. (City Engineering) 5. Prior to the final certificate of occupancy, all structures within proximity of the drainage system, including but not limited to landscaping and light poles, shall be field verified to avoid conflicts. (City Engineering) 6. Prior to construction plan approval, the applicant shall revise the paving, grading and drainage plan to show the landscape berm on the western boundary of the site. (City Engineering) 7. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water andlor Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) This officially documents the approval of the Burma Road Commerce Park. aforementioned plans will be on record in the Planning and Zo Division of the Growth Management Department. The gqohn: spOOO1 .approval.doc 4 a . GENTILE HOLLOWAY ' O'MAHONEY \ ' & A550ClAIt5 ltli e Landscaoe Architects Planner; and Environmental Consultants . CC-0000177 \ PROJECT NARRATIVE Burma Commerce Park ' I , January 14,2008 Updated: March 19,2008 George G Gentile, FASLA M Troy Holl~ay. ASLA Emily OMahoney. ASLA .. 1 , RequestILocation I. On behalf of the applicant, Gentile Holloway O'Mahoney & Associates, Inc., acting as agent; is requesting the revie& of' an application for site plan amendmerit to include . medical office as a permitted use on this property. At the time of the original approval retail and office were, only permitted uses due to the traffic. Typically today we would be permitted to alter the blend of uses as long as an equivalency for traffic and parkingis provid d. We respectfully request that we be permitted to habe uses as permitted by such , equivLy., - The site currently operate; as office including flex space as there are existing garage bays for interior storage of vehicles,and supplies. The subject site is located 1/8 of a mile south of Northlake Boulevard on Burma Road, within the City of Palm Beach Gardens. The site has a future land use of commercial and zoning designatian of,,General Commercial (CG-1). I \ I I Proposed Amendment . The site is currently operating. Although the site was originally approved for both office and retail, the retail use was never utilized. Meanwhile the site isnow being soaght to have some medical tenants and typically that requires traffic and parking equivalency. At the time of this approval, medical was not permitted as a use. Under today's code, medical would be permitted as long as the traffic and parking meets code. Typically such projects are conditioned to provide equivalency statements to staff to permit changes in uses on the site. The proposed change to add this use is permitted under the current land use and zoning categories. However, due to a condition placed on the approved site plan by the Site Plan P , and Appearance Review Committee (July 28, 2000), medical office use was not 1907 Commerce Lane Suite 101 Jupiter Florida 33458 561-575-9557 561-575-5260 FAX wwwlandscapd-architects corn 4 -. .. . 1 0 .‘ I 0 Burma Business Park Project Narrative Jan’ub 14,2008 . Updated March 19, ‘2008 Page 2 permitted on the site. Therefore it is required that the applicant go before the board to request the use to be permitted. Concurrency \ The site is currently operating and has received concurrency for the approved uses of 7,300 SF of retail space and 15,430 SF of office space. The applicant is requesting, with this application, an equivalency for 9,000 SF of medical office, 3,000 SF of professional office, and 10,730 SF of flex space. Parking equivalency is provided in’the site data tabular of the submitted site plan. Please note the use of indoor storage is permitted within the CG.1 zoning designation provided that it does not exceed 30% of the gross floor area (Sec. 78-147.d.1). Unfortunately at this time the City’s parking calculations do not specifically identify flex use but does provide a ratio under business supply (which is often a flex space user.) This calculation parks the indoor storage as warehouse. Surrounding Uses .Existing Zoning, and Land Use Designations , I ZONING ~~ SUBJECT.PROPERTE 1- General Commercial (CG-1) ~ CG- 1 TO THE NORTH ; Northlake Executive Park TO THE SOUTH : Vacant Development (IL) TO THE EAST : Sports Authority Light Industrial Park Planned - CG- 1 TO THE WEST: Multifamily Residential- Residential Development Medium Density (RM) Industrial Residential I Burma Commerce Park: Current Tenant List 9000 Burma Road March 19, 2008 Rear building: total SF 7,445 Suite 100: Office- 1,564 SF- Interiors By Dawn Suite 101: Warehouse -5,881SF- Sabatello Construction Front Buildinn: Total SF 15,210 Suite 101: 1456 SF-office- David Brooks Enterprises, Inc. Suite 102: 1050 SF-office -Contemporary Community Concepts Corp Suite 103 : 14 12 SF-office -Vacant Suite 104: 1412 SF-office -Vacant Suite 105: 1050 SF-office -Vacant Suite 106: 1225 SF-office -Anesthetix Management, LLC Suite 107: 1225 SF-office -Anesthetix Management, LLC Suite 108: 1050 SF-office/warehouse-Brinks Home Security Suite 109: 141 2 SF-office/warehouse-Brinks Home Security Suite 1 10: 1412 SF-office/warehouse-Brinks Home Security Suite1 1 1 : 1050 SF-office-Sabatello Construction Suite 1 12: 1456 SF-office/warehouse-Sabatello Selection Studio Site originally approved for 15,430 SF of Office space and 7,300 SF of retail space. I Burma Business Park Palm Beach Gardens, Florida Landuse Map 11/27/07 : e Burma Business Park Palm Beach Gardens, Florida Zoning Map 0 /37/n7 . .., I,, Burma Business Park Palm Beach Gardens, Florida 11; 37 /"7 Location Map I Department of Engineering and Public Works P.O. Box 21 229 West Palm Beach, FL 33416-1229 (561) 684-4000 www,pbcgov.com Patm Beach County Board of County Commissioners Addie L. Greene. Chairperson ff Koons. Vice Chair e Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportuni& May 2,2008 Ms. Jackie Holloman AlCP Planner - City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Burma Business Park - Revised Plan Project #: 080421 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Jackie: The Palm Beach County Traffic Division has reviewed the revised development plan of the previously approved project entitled Burma Business Park, 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-Ou t: East side of Burma Road, south of Northlake Boulevard. Palm Beach Gardens 15.430 SF General Office and 7,300 SF General Ret.ail. 9,000 SF Medical Office, 8,365 SF General Office, and 5,365 SF Warehouse. 9,000 SF Medical Office, 3,000 SF General Office, and 10,730 SF Flex OfficeNVarehouse. None - Trip Reduction 13 AM and Trip Reduction PM. End of Year 2009 52-43-42-1 9- 14-000-0000 Based on our review, the Traffic Division has determined the revised development plan for the previously approved project meets the Traffic Performance standards of Palm Beach County. No building permits are to be issued by the City, 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 ilave ar~y yueslior is regardhy this determination, please contact me at b84-4U'Ju Sincerely, Masoud Atw \ TPS Admini or, Municipalities - Traffic Engineering Division MA:sf cc: Jeff H. Iravani, Inc. McMahon & Associates, Inc. File: General - TPS Mun. Traffic Study Review F~\TRAFFIC\ma\Adm1n~pprovals\.2008\08042 1 .doc @ printed an recycled paper hlrMXHON AhSOClATES, INC. 7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410 www. rncrntrans.com P 561 -840-8650 I f 561-840-8590 TECHNICAL MEMORANDUM TO: Kara Irwin, Growth Management Administrator Leo Giangrande, P.E., Assistant City Engineer City of Palm Beach Gardens cc: Dan Clark, P.E. Jackie Holloman, AICP, Planner City of Palm Beach Gardens FROM: .E.,PTOE, Senior Project Manager SUBJECT: Burma Business Park SPLA-08-01-000011 McMahon Project No. M06344.38 DATE: April 17, 2008 1’1; IN c 1 t’ A LS Joseph W. McMahon, P.E. Rodney P. Ptourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John 5. DePalma William T. Steffens ASS 0 C I ATBS Casey A. Moore, P.E. Gary R. McNaughton, P.E., PTOE John J. Mitchell, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall McMahon Associates, Inc. (McMahon) has reviewed the revised traffic statement prepared by Jeff H. Iravani, dated April 11, 2008. The applicant has sufficiently addressed the previous comments and the project can be approved for City traffic concurrency. A summary of the project is provided below: Location: 9000 Burma Road Existing Use: Proposed Use: New AM Trips 13 PCN#: 52-43-42-19-14-000-0000 15,430 sq. ft. General Office 7,300 sq. ft. Commercial Retail 13,730 sq. ft. General Office 9,000 sq. ft. Medical Office New PM Trips: 0 Traffic Concurrency Expires: December 31,2009 Comments from the Palm Beach County Traffic Engineering Division are not yet available. The City should verify that the parking requirements for the proposed development program are met. Please feel free to contact me with any questions or concerns you have regarding this project. F: \FL\06344M\06344M-38-Burma\Admin-MCM\Docs\Burrna Business Park Tech Memo 041708.doc bl.4 Boston PA Fort Washington I Exton I Mechanicsburg Nl Yardville FI Palm Beach Gardens I Fort Lauderdale 1 Fort Myers I Miami BcIsI/LE Engineering Excellence Since 1942 3550 SW Corporate Parkway Palm City, Florida 34990 772.286.3883 Fax 772.286.3925 www.boyleencineerina.com Employee Owned Memorandum TO: Jackie Holloman FROM: Leo Giangrande, P.E. f DATE: April 24,2008 File ## 17150 SUBJECT: Burma Commerce Park Site Plan Amendment SPLA-08-01-11 We have reviewed the following plans and information for the referenced project received March 21, 2008: 0 0 0 Response to April 11,2008 DRC comments Traffic impact report dated (revised) April 08,2008 prepared by Jeff H. Iravani, Inc. Site Plan (Sheet SP-1) dated (signed) April 10, 2008 prepared by Gentile Holloway O’Mahoney & Associates, Inc. We have the following comments: 0 The applicant proposes modify the current permitted use of the project, which is 7,300 sq ft of retail and 15,430 sq ft of office space, to permit 9,000 sq ft of medical office, 3,000 sq ft of professional office and 10,730 sq ft of flex space. We have no engineering issues remaining in this site plan amendment application. 0 Certification Issues: 1. Satisfied. The applicant shall revise the development application description under “Site Information - Proposed Square Footage by Use”, the project narrative under “Concurrency” and the traffic impact report, for consistency as to the proposed use. The development application indicates the use is proposed to be 10,730 sq ft business supply and 9,000 sq ft medical; the project narrative indicates the proposed use is 9,000 sq ft of medical office, 3,000 sq ft of professional office and 10,730 sq ft of flex space; while the traffic impact report indicates that the proposed use is 9,000 sq ft of medical office, 8,365 sq ft of general office an 5,365 sq ft of warehouse. a. The applicant has submitted a revised traffic impact report with the correct square footage. e. Previously Satisfied. C:\Documents and Settings\jholloman\Local Settings\Temporary Internet Files\Content.Outlook\44VOA9SE\17150 - 20080424 - Burma Commerce Park - SPLA-08-01-1l.doc BOWL€ Page 2 of 2 Burma Commerce Park File #I7150 3. Satisfied. The applicant provided required stacking distance dimension on the site plan (SP-1) for the south drive entrance to reflect the city’s requirement that stacking distance be measured from the right-of-way line, not the curb line for conformance with Section 78-344 of the LDR. a. While the applicant indicates there are no site changes proposed by this application, therefore due to the nature of this proposal stacking distance indicated on the site plan is not required. 4. Satisfied. The applicant indicated the required stacking distance for the north drive entrance on the site plan (SP-1) for conformance with Section 78-344 of the LDR. a. While the applicant indicates there are no site changes proposed by this application, therefore due to the nature of this proposal stacking distance indicated on the site plan is not required. 5. Previously Satisfied. 6. Satisfied. The applicant shall revise the Site Data table on the site plan (SP-1) to correctly reflect the parking requirements. The office use under Flex Space should be 22 spaces and the warehouse use should be three (3) spaces, with the total required being 80 spaces. Therefore, the bicycle required parking should be four (4) spaces (80 required x 5% = 4 space required), versus the five (5) spaces shown. a. The applicant has revised the site data table. Waiver Requests : 1. The applicant has requested no waivers with this submittal. Non-Certification Issues: 1. Satisfied. The applicant indicates there are no site changes proposed by this application. The applicant shall provide a written response to all comments, indicating acknowledgement of each comment and how each comment has been addressed. Compliance will expedite the subsequent review. It is suggested that the applicant clearly identify all changes to theplans by either %lauding': or highlighting, the location of all changes to further expedite the review. The applicant is reminded that all submittals are to be made to the City of Palm Beach Gardens Growth Management Department. LDG/klm cc: Kara Irwin - Palm Beach Gardens (kinvin@pbafl.com) C:\Documents and Settings\jholloman\Local Settings\Temporary Internet Files\Content.Outlook\44VOA9SE\17 150 - 20080424 - Burma Commerce Park - SPLA-08-01-1l.doc I -95 0 c, I 2 '. 4 / i n - 4 / I -l v: n 5. CITY OF PALM BEACH GARDENS PLANNING, ZONING, & APPEALS BOARD Agenda Cover Memorandum Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 / LDRA-07-01-000012 SubjedAgenda Item: Ordinance 13, 2OOS/Petition LDRA-07-01-000012: Amendment to the Land Development Regulations Relating to Height Restrictions First Reading: A City-initiated request to amend the Palm Beach Gardens Land Development Regulations providing limitations to height waivers for single-family and multi-family residential buildings located within all zoning districts in the City and non-residential buildings located west of Interstate Highway 95. [XI Recommendation to APPROVE Reviewed by: Development Compliance N/A Bahareh Keshavarz-Wolfs, AICP Administrator Approved By: Ronald M. Fenis City Manager Originating Dept.: Growth Management Adminisirator Action: [ ] Quasi-judicial [XI Legislative [ 3 F’ublicHearing Advertised: Date: May 30,2008 Paper: [XI Required [ ] NotRequired Affected Parties: [ ]Notified [XI NotRequired FINANCE: N/A Costs:$ N/A Total $3 Current FY Funding Source: [ ]Operating M Otherm Budget Acct#: NIA City Council Action: [ ]Approved [ ] App. w/ conditions [ ]Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to:- Attachments: Ordinance 13,2008 Date Prepared: June 5,2008 Meeting Date: June 10, 2008 Ordinance 13,2008 Page 2 of 14 BACKGROUND e In 2007, the City Council directed staff to draft an ordinance to the City’s Land Development Regulations that provided for a limitation to the height waivers for residential development throughout the City. DraA Ordinance 8 , 2007, provided for specific limitations to residential heights of buildings located within all zoning districts that permitted residential uses. At its meeting on February 13,2007, the Planning, Zoning, and Appeals Board (Board) held a public hearing to review the subject ordinance. The Board voted 7-0 to recommend denial of the subject ordinance for the many reasons, which are specified on page 13 of this report. On March 1 , 2007, the City Council approved Ordinance 8,2007, on first reading, but decided to table the adoption of the ordinance until the return of the City’s seasonal population. During the interim, the City Council directed Mayor Joe Russo to work with the Palm Beach Gardens Resident’s Coalition (Coalition) to discuss providing acceptable limitation to non- residential height waivers. The agreed upon language was written into the existing ordinance that provided a limitation to residential height. Due to the substantial changes to the ordinance, staffwas required to take the proposed text amendment back through the Land Development Regulations Committee for a recommendation to City Council. The ordinance was assigned a new number within the 2008 year, Ordinance 13,2008. RESIDENTIAL HEIGHT LIMITATIONS During the December 7,2006, City Council meeting, David Barth, of Glatting Jackson, presented the final report from the Interactive Planning Session that evaluated ‘Height Issues’ for future development and redevelopment in the City of Palm Beach Gardens. The Interactive Planning Session (Session) was held in the City Council Chambers on Wednesday, October 25, 2006, and Wednesday, November 1,2006. David Barth and Allison Crnic, of Glatting Jackson, facilitated the Session on behalf of the City. The report for the Charrette documented input from all of the residents present at the meeting and the facilitator reported on consensus items that were expressed during each of the two evenings. There were several items related and unrelated to height, which repeatedly arose at each meeting that residents reported were important to maintain in future development and redevelopment. Overall, one of the major consensus points brought up during the Planning Session involved limitations on strictly residential areas within the City to low-rise buildings. Many residents were concerned about the possibility of height waivers allowing high-rise buildings within adjacent residential areas. In response to this concern, staff is providing a draft ordinance to the City’s Land Development Regulations (LDRs) that would provide for limits to height waivers for single and multi-family residential buildings in all zoning districts in the City. The City’s LDRs only permit height waivers for residential buildings within Planned Unit Development (PUD) Overlays and Planned Community District (PCD) Overlays. The amendment prohibits waivers to the height restrictions in excess of 25% of the height limit where height is measured in feet and no higher than one additional story Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 3 of 14 where height is regulated by number of stories. Currently, residential uses are limited to four stories within the Mixed-Use land use category, but no maximum height limit has been established within the Code. The City’s Comprehensive Plan does not permit height waivers for residential development within a Mixed-Use land use designation, which has been verified within the current amendment and a maximum height has been proposed consistent with the maximum height established within the Residential High (RH) zoning district. The proposed LDR text amendment was presented to City Council during the City Manager’s Report during the City Council meeting on January 18,2007. During the meeting, the City Council directed staff to evaluate the following issues: 0 0 0 Providing a requirement for a super majority vote of City Council to change the proposed code revision Provide for the height limitation in the City’s Comprehensive Plan Address the need for providing provisions for tiering heights with adjacent developments Provide a definition and height limitation for a story within the City’s Mixed-use land use category Provide an exception for Transit-Oriented Development Super Majority Vote Unless otherwise specified, the adoption of an Ordinance or Resolution is accomplished by a majority vote of a quorum present at a meeting. Section 166.041, Florida Statutes, and Section 18-1, Code of Ordinances provide that a majority of the members of the governing body shall constitute a quorum, and that an affirmative vote of a majority of the quorum present shall be necessary to enact any ordinance or adopt any resolution, except that two-thirds of the membership of the board is required to enact an emergency ordinance. While the City cannot lessen or reduce the procedures for the enactment of a municipal ordinance, the City may add additional requirements or prescribe procedures in greater detail than contained in Section 166.041. 0 The addition of a super-majority voting requirement to modify a particular provision of the Code of Ordinances is, however, not prohibited by state law, and is sometimes used when a local governing body identifies an issue which is of such import to the community that a simple majority requirement to change the provision is perceived as inadequate. For example, some local codes contain such limitations on the sale of city property, so that a super majority vote is necessary to approve such a sale. While a super majority is a legal mechanism, there can be certain unintended consequences of such a requirement that the council should be aware of. A super majority vote essentially places the ultimate decision-making in the hands of a minority of the council. For example, if three (a majority) of the elected officials wish to take a certain action, they can be prevented from taking such action by two (the minority) of the council. A further complication can arise in the event there is a vacancy on the council or one or more members are absent or have a voting conflict. An example of this situation was recently reported concerning the Village of Wellington where on councilmember was required to abstain, thus necessitating a unanimous of the remaining four members for passage of an Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 4 of 14 item. Staff does not recommend including a requirement for a super majority of City Council to amend the Code Section in the hture. Provisions for Tiering and Compatibility The City’s Comprehensive Plan and Land Development Regulations (LDRs) provide language requiring compatibility of design and use with adjacent existing and hture uses. In addition, Planned Unit Development (PUD) Overlay districts and Planned Community District (PCD) Overlays provide opportunities for City Council to place conditions of approval relative to compatibility to adjacent development. The following are examples of sections of the City’s LDRs that address design guidelines for building height and height transition for development. Section 78-154. PUD - Planned unit development overlay district. Section 78-154(g) (10): (10) Building height limit. The maximum building height in a PUD shall be established in the development order approved by the city council. Final determination of maximum building height shall consider the following: a. the proposed uses of the structure; b. the bulk, mass, and context of adjacent structures or proposed structures; c. the compatibility with adjacent existing or proposed uses; d. the relationship to the adjoining uses and the surrounding development; and e. the provision of open space in the proposed PUD. Section 78-22 7. Architectural elements. Section 78-227 (a) (5): (5) Facade/wall height transition. New developments that are located within 150 feet of an existing building, and are more than twice the height of any existing building within 150 feet shall provide massing elements to provide an appropriate structure transition. a. The transitional massing element can be no more than 100 percent taller than the average height of the adjacent buildings. b. Facades shall have architectural articulation at the pedestrian level and at the roofline. Height Limits for Mixed-Use (MXD) Staff has provided a maximum height limitation for single-family and multi-family buildings within a mixed-use development that is consistent with the maximum height limit for buildings located 0 within the Residential High (RH) zoning district. The provision reads as follows: Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 5 of 14 0 (4) In MXD zoning districts, no height waivers may be approved for such residential buildinm, and no such residential building, regardless of the number of stories, shall exceed (56) fifty- six feet in height. The proposed language does not set a height limit for individual stories of a residential building, but it does provide an overall maximum height for the building consistent with the residential high zoning district, which addresses the issue raised by a resident that there is no maximum height limit for a residential building within a mixed-use development. Transit Orien led Development (TOO) On June 7,2007, Kim Delaney of the Treasure Coast Regional Planning Council (TCRPC) made a presentation to City Council on the benefits of planning for transit oriented development (TOD) due to the potential location of a tri-rail station in the North County. During the meeting, City Council directed staff to provide language to exempt Transit Oriented Development from the height restriction so that City Council could discuss including the language in the text amendment. In 2005, the Metropolitan Planning Organizations in Miami-Dade, Broward, and Palm Beach Counties partnered with the Florida Department of Transportation to initiate the SFECC Study. This multi-year analysis is evaluating the potential reintroduction of transit on the FEC railroad along the 82-mile stretch of railroad from downtown Miami North to the northern Palm Beach County line, The SFECC Study initially identified 60 potential “station areas” among the three counties, generally located along roadways with 1-95 access and/or in proximity to town centers, major employers, and residential populations. The northern segment contained relatively lower station area ratings when compared to the central and southern segments, due in part to land use patterns in northern Palm Beach County. Therefore, greater emphasis has been placed upon land use planning along the northern segment in an effort to bolster ratings, improve anticipated system success, and increase the segment’s competitiveness to secure federal funds. Typically, a site evaluation rating for potential Tri-Rail station locations includes the ten issue areas listed below: (1) Ability to Accommodate Station (2) TOD Potential at Station (3) Potential of TOD District (TOD District has %-mile radius; TOD Area has 1 .5 -mile radius) (4) Density & Scale of Potential TOD District (existing and future) (5) Proximity to Major Destinations (6) Multi-Modal Interconnectivity (7) Station Visibility and Accessibility (8) Consideration of Comprehensive Plan Regulations (9) Consideration of Land Development Regulations Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 6 of 14 (1 0) Other Planning Considerations The limitation of height for residential development would not permit the City Council to waiver height regulations for any residential development, including development that would be a part of a TOD, thereby limiting development densities for TODs, which is a key component to site evaluations for Tri-Rail. The following amendment is proposed to provide an exemption for Transit Oriented Development: Sec. 78-184. Height of buildings. @)(&Exceptions. (1) The height limitations of this section shall not apply to church spires; barns, silos; monuments; antennas; penthouses and domes not used for human occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level. These features, however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve and shall not exceed 20 percent of the ground floor area of the building. (2) In the event that the City adopts amendments to the Land Development Regulations which establish a Transit Oriented Development (TOD) Overlay, certain properties may be eligible to apply for rezoning to apply the Overlay to the property. The limitation on height waivers established in this section shall not apply to any property which is rezoned to TOD Overlay. @@J-Obstructions. All obstructions, as defined by the Federal Aviation Administration, shall be marked and lighted in accordance with applicable federal or state regulations. ... The intent of the TOD land use is to provide a mixed use development pattern within a !A mile from a fixed rail premium transit stop that encourages pedestrian activity and achieves the vision of a Regional Transit Corridor; strives to deter urban sprawl; and lessens the dependence on automobile trips. This development pattern is an alternative from traditional parcel-based development, and shall allow for a wide range of functionally integrated commercial, employment center, institutional, and mixed-income residential uses. Functional integration is achieved through urban design that encourages pedestrian and bicycle modes of transportation to access complementary uses within close proximity to the fixed rail premium transit stop. The proposed changes would allow City Council the opportunity to plan for Transit Oriented Development (TOD) and determine during that evaluation whether or not height limits should be enforced. Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 7 of 14 Proposed Residential Height Limitations The effects of this proposed amendment are as follows: NON-RESIDENTIAL HEIGHT WAIVER LIMITATIONS During various meetings with representatives of the Palm Beach Gardens Residents Coalition (Coalition), Mayor Joe Russo and Coalition representatives came to an agreement on a proposal to 0 provide height limitations to future non-residential development in the City. The proposed changes to the City Land Development Regulations were consistent with Ordinance 8,2007, which provides for limits to the maximum height of residential buildings within the City, so additional language was added to the ordinance limiting non-residential height waivers for non-residential development located west of Interstate Highway 95. After the additional language was added to the text of the Ordinance, the title was changed to Ordinance 13,2008, since it is being processes during 2008. Limitations on Maximum Height West of I-95 As discussed during negotiations with the representatives from the Coalition, the following parameters are proposed to be part of the amendment: a All zoning districts located west of Interstate Highway 95 shall be limited to a maximum building height of 25% in excess of the height limitation in the applicable zoning district. This applies to all development and redevelopment that occurs in the geographic areas of the City that lie west of Interstate Highway 95, regardless of land use or zoning. [The remainder of this page intentionally left blank] Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 8 of 14 - Commercial (CN, CG-1, CG-2, CR) Professional Office (PO) Industrial (M- 1, M- 1 A, M-2) Public Institutional (PA) Mixed-Use (MXD) ~ ~~ ~ 36 feet 45 feet 36 feet 45 feet 50 feet 62.5 feet NMT 45 feet 56.25 feet 4 floors, (waivers only for employment center uses located at intersection of two Arterials) ~ ~ ~ 5 floors, ONLY for employment center uses located at intersection of two arterials This proposed language will provide for a limitation to City Council’s ability to grant a non- residential height waiver west of 1-95. It limits the overall height of the building, as well as the geographic location where the waiver can be applied. Limitations on Maximum Height East of I-95 No further limitations are being proposed for development located east of 1-95 in order to preserve future economic viability for the City. All fbture Planned Development located east of 1-95 is limited by the Planned Development process and all waivers are required to be approved by City Council. Underlying 2 Commercial (CN, CG-1, CG-2, CR) Professional Office (PO) Industrial (M-1, M-lA, M-2) Public Institutional (PA) Mixed-Use (MXD) 36 feet 36 feet 50 feet NMT 45 feet 4 floors, (waivers only for employment center uses located at intersection of two Arterials As determined by City Council with the Planned Development process As determined by City Council with the Planned Development process As determined by City Council with the Planned Development process As determined by City Council with the Planned Development process As determined by City Council with the Planned Development process Date Prepared: June 5,2008 Meeting Date: June 10, 2008 Ordinance 13,2008 Page 9 of 14 PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS Currently, the following amendments are proposed to the City’s Land Development Regulations to provide for limitation to height waivers for single-family and multi-family residential buildings. Section 78-158, Code of Ordinances, entitled “Waivers to planned development district regulations” is hereby amended to read as follows: Sec. 78-158. Waivers to planned development district requirements. (a) Purpose and intent. The purpose and intent of this section are to encourage applicants for planned development, PUD, andj PCDS approval to propose residential and nonresidential projects that are innovatke, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city. The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The city council may grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities, preservation of environmentally-sensitive lands, provision of public parks and open space, or mixed uses which reduce impacts on city services are demonstrated. (b) Waivers permitted. An application for development order approval for a PUD or PCD may include a request for waiver of one or more requirements of this chapter. Requests for waivers shall comply with the requirements contained herein. For the purpose of this section, a waiver is defined as a reduction in a development standard or other land development requirement normally required by this chapter. 0 (c) Purpose and intent. The purpose and intent of this section are to encourage the use of PUDs and PCDs, as provided in sections 78-1 54 and 78-155, in order to achieve the benefits to the city and the property owner as described in those sections. (d) Prohibited waivers. The waivers listed below shall not be granted by the city council. (1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay district. (2) A waiver from the minimum requirements for preservation of environmental sensitive lands as provided in division 4 of article V. (3) A waiver from any requirement associated with the city’s concurrency management requirements established in division 3 of article 111. (e) Grant ofwaivers. Waivers from requirements applicable to planned developments, including PUDs and PCDs, shall be granted by the city council, following an advisory recommendation by the planning, zoning, and appeals board. 0 Date Prepared: June 5,2008 Meeting Date: June 10, 2008 Ordinance 13,2008 Page 10 of 14 (f) indicated in Table 20. Waivers established. For the purposes of this section, the city council may grant waivers as Building Height (as limited bv Sec. 78-1 84) ~ ~ sign Regulations Table 20: Waivers to Planned Developments TABLE INSET: J J Development Standard or Requirement Landscaping Open Space I City Council I Waiver J J Standards Applicable to Planned Developments, PUDs, and PCDs Architectural and Design Standards J J Engineering Standards Permitted Uses within PUD or PCD Development Standards Applicable to Permitted and Conditional Uses J I/ J Minimum PUDPCD Size Supplementary District Regulations Number of Required Parking Spaces and Size of Parking Spaces J J J Building Setbacks (front, side, side comer, and rear) Lot Coverage, Size, Depth, and Width (8) Residential variances. Any reduction to a PUD or PCD development standard or requirement applicable to an entire residential use or project shall occur only as provided in this section. However, the owner of a single-family dwelling may apply for a variance to the applicable development standards, rather than apply for a waiver. The purpose of this section is to allow an owner or tenant to request a modification without the time, effort, and expense associated with an application for a development order amendment. J J (h) Application. All requests for a waiver shall be submitted in writing and shall accompany a development application for planned development, PUD, or PCD approval. Each waiver to planned development requirements or standards utilized in a development application for approval of a PUD or PCD shall be identified by the applicant. ~ Height of Buffering and Screening Walls Others as provided by these land development regulations J J Date Prepared: June 5,2008 Meeting Date: June 10, 2008 Ordinance 13,2008 Page 11 of 14 (i) Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. (1) The request is consistent with the city’s comprehensive plan. (2) The request is consistent with the purpose and intent of this section. (3) The request is in support of and furthers the city’s goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. (4) The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. (5) The request for one or more waivers results from innovative design in which other minimum standards are exceeded. (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. (7) The request clearly demonstrates public benefits to be derived, including, but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. (9) The request is not based solely or predominantly on economic reasons. (10) The request will be compatible with existing and potential land uses adjacent to the development site. (1 1) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. li, established in Section 78-184 (b). Waiver limitations. All waivers of the height of buildings shall be subject to the limitations Section 78-184, Code of Ordinances, entitled “Height of Buildings” is hereby amended to read 0 as Date Prepared: June 5,2008 Meeting Date: June 10, 2008 Ordinance 13,2008 Page 12 of 14 Underlying Zoning designation within Planned Unit Development (PUD) and Planned Community District (PCD) Overlays Residential Low (RL-1, RL-2, & RL-3) Residential Medium (RM) Residential High (RH) Residential within Mixed-Use Sec. 78-184. Height of buildings. Maximum Height Current Height Limit wl Waiver Restriction 2 stories or 36 feet, whichever is 3 stories136 feet the lesser 2 stories or 36 feet, whichever is 3 stories136 feet the lesser NMT 45 feet 56 feet 4 stories 4 stories 156 feet (a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to exceed the height limits established in the property development regulations for the applicable zoning district. (b) Limitations on height waivers for single family and multifamily residential buildings. (1) No waiver in excess of 25 percent of the height limitation of the applicable zoning district may be approved for such residential buildings in any zoning district (other than MXD) where height limitations are measured by feet. (2) No waiver in excess of onestoryof theheight limitation ofthe applicable zoning district may be approved for such residential buildings in any zoning district (other than MXD) where height limitations are measured by number of stories. (3) In zoning districts (other than MXD) where height limitations are measured by both feet and stories, no waiver in excess of one story may be approved for such residential buildings, and in no event shall the waiver exceed the height limitation measured by feet. /4) In MXD zoning districts, no height waivers may be approved for such residential buildings, and no such residential building, regardless of the number of stories, shall exceed (56) fifty-six feet in height. /5) Residential height waivers may be requested within Transit Oriented Development. (6) TABLE INSET: The provisions of this section may not be amended by the city council without a vote of at least four city council members. O[c) Limitations on height waivers-for non-residential buildings. All non-residential buildings in all non-residential zoning districts located west of Interstate Highway 95 shall be limited to a maximum building height of 25% in excess of the height limitation in the applicable zoning district. Date Prepared: June 5,2008 Meeting Date: June 10,2008 Ordinance 13,2008 Page 13 of 14 I ~ Underlying Zoning Designation Existing Height Limit Commercial (CN, CG-1. CG-2, 36 feet ~ ~~ ~ ~~ CR) Professional Office (PO) 36 feet TABLE INSET: Limitations on Non- Residential Development West of 1-95 Mixed-Use (MXD) 4 floors, (waivers onlv for employment center uses located at intersection of two Arterials) pndustrial 04-1, M-1A. M-2) I 50 feet 1 Public Institutional (P/I) I NMT 45 feet Maximum Height w/ Waiver Restriction of 25% 45 feet 45 feet 62.5 feet 56.25 feet 5 floors, ONLY for employment center uses located at intersection of two arterials @@Exceptions. (1) The height limitations of this section shall not apply to church spires; barns, silos; monuments; antennas; penthouses and domes not used for human occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level. These features, however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve and shall not exceed 20 percent of the ground floor area of the building. (2) In the event that the City adopts amendments to the Land Development Regulations which establish a Transit Oriented Development (TOD) Overlay, certain properties may be eligible to apply for rezoning to apply the Overlay to the property. The limitation on height waivers established in this section shall not apply to any property located east of Interstate Highway 95, which is rezoned to a TOD Overlay. (dj&Obstructions. All obstructions, as defined by the Federal Aviation Administration, shall be marked and lighted in accordance with applicable federal or state regulations. PLANNING, ZONING AND APPEALS BOARD At its meeting on February 13,2007, the Planning, Zoning, and Appeals Board (Board) held apublic hearing to review Ordinance 8, 2007. The Board voted 7-0 to recommend denial of the subject ordinance for the following reasons: Date Prepared: June 5,2008 Meeting Date: June IO, 2008 Ordinance 13,2008 Page 14 of 14 0 The Board expressed their objections to the restrictive limits set forth in the ordinance. They felt that the limits were arbitrary in that they would only be applied to new development in the City, as opposed to previously approved development that was able to request a height waiver. The Board expressed their concerns with eliminating flexibility within the planned development districts of the City. By eliminating a major component of the City’s flexible design standards, the ability for the implementation of flexible design is severely limited within a PUD or PCD. The Board felt that the limit would reduce the creativity of future development within the City. The Board felt that the limits did not reflect the ‘findings of the Interactive Planning Session.’ The Board was of the opinion that a majority of City residents felt that taller buildings were permissible within certain areas of the City, specifically adjacent to major roadways or within the City’s Regional Center corridor. The Board also expressed their opinion that a majority of residents were satisfied with the development within the City. Finally, the Board felt confident that specific guidelines were in place that provided City Council with the discretion to determine if any height waivers were in the best interest of the City’s future development. 0 0 During the Boards discussions, Amir Kanel (Alternate member) expressed his support of the ordinance, but represented that the proposed ordinance did not reflect the comments set forth at the City’s Interactive Planning Session that taller buildings are appropriate within certain areas of the 0 City. Overall, the Board recommended denial of the proposed ordinance, based on their strong feelings that the City has developed responsibly and maintained a high standard of development, which has maintained the City’s superior quality of life. The Board felt strongly that the flexibility and creativity of planned development districts encouraged the higher standards of development in the City. CITY COUNCIL On March 1,2007, the City Council voted 5-0 to approve Ordinance 8,2007 on first reading. STAFF RECOMMENDATION Staff recommends approval of Petition LDRA-07-01-000012 and Ordinance 13, 2008 with the proposed amendments relative to Transit Oriented Development (TOD). 1 Date Prepared: June 5, 2008 ORDINANCE 13,2008 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO LIMITATIONS ON ORDINANCES, ENTITLED “WAIVERS TO PLANNED D EVE LO P M E N T D I S T R I C T RE G U L AT I 0 N S ” ; AM E N D I N G S E C T I 0 N BUILDINGS” TO IMPOSE LIMITATIONS ON HEIGHT WAIVERS; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. HEIGHT WAIVERS; AMENDING SECTION 78-158, CODE OF 78-184, CODE OF ORDINANCES, ENTITLED “HEIGHT OF WHEREAS, on October 25, 2006, and November 1, 2006, the City Council conducted two community planning sessions to discuss and address the issue of height for future development within the City; and WHEREAS, the process included research and analysis of current height regulations, two public workshops for resident input, and a report to City Council; and WHEREAS, approximately 95 people attended the October Workshop and approximately 107 people attended the November workshop; and 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the findings of the sessions reflect the general consensus that building height waivers should be limited for residential and non-residential building; and WHEREAS, Staff recommends that Sections 78-158 and 78-184 of the City’s Land Development Regulations be amended to accomplish this purpose; and WHEREAS, this Land Development Regulations amendment was reviewed by the Planning, Zoning, and Appeals Board at a duly noticed public hearing on June IO, 2008, and the Board recommended approval/denial by a vote of - to -; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 78-1 58, Code of Ordinances, entitled “Waivers to planned development district regulations’’ is hereby amended to read as follows: I a 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 e 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: June 5, 2008 Ordinance 13, 2008 Sec. 78-158. Waivers to planned development district requirements. (a) Purpose and intent. The purpose and intent of this section are to encourage applicants for planned development, PUD, and; PCDs approval to propose residential and nonresidential projects that are innovatke, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city. The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The city council may grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities, preservation of environmentally-sensitive lands, provision of public parks and open space, or mixed uses which reduce impacts on city services are demon st ra ted . (b) Waivers permitted. An application for development order approval for a PUD or PCD may include a request for waiver of one or more requirements of this chapter. Requests for waivers shall comply with the requirements contained herein. For the purpose of this section, a waiver is defined as a reduction in a development standard or other land development requirement normally required by this chapter. (c) Purpose and intent. The purpose and intent of this section are to encourage the use of PUDs and PCDs, as provided in sections 78-154 and 78-155, in order to achieve the benefits to the city and the property owner as described in those sections. (d) co unci I. Prohibited waivers. The waivers listed below shall not be granted by the city (1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay district . (2) A waiver from the minimum requirements for preservation of environmental sensitive lands as provided in division 4 of article V. (3) A waiver from any requirement associated with the city's concurrency management requirements established in division 3 of article Ill. (e) Grant of waivers. Waivers from requirements applicable to planned developments, including PUDs and PCDs, shall be granted by the city council, following an advisory recommendation by the planning, zoning, and appeals board. (f) Waivers established. For the purposes of this section, the city council may grant waivers as indicated in Table 20. 2 Date Prepared: June 5,2008 Ordinance 13, 2008 Development Standard or Requirement Building Height (as limited by Sec. 78-1 84) Sign Regulations Landscaping 1 0: ~~ City Council Waiver J J J 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 Open Space Standards Applicable to Planned Developments, PUDs, and PCDs Architectural and Design Standards Table 20: Waivers to Planned Developments TABLE INSET: ~~ J J J Permitted Uses within PUD or PCD Development Standards Applicable to Permitted and Conditional Uses Minimum PUD/PCD Size J J J Engineering Stand a rd s IJ Height of Buffering and Screening Walls Others as provided by these land development regulations J J Supplementary District Regulations IJ Number of Required Parking Spaces and Size of Parking Spaces I J ~~ Building Setbacks (front, side, side corner, and rear) IJ Lot Coverage, Size, Depth, and Width I -J (9) Residential variances. Any reduction to a PUD or PCD development standard or requirement applicable to an entire residential use or project shall occur only as provided in this section. However, the owner of a single-family dwelling may apply for a variance to the applicable development standards, rather than apply for a waiver. The purpose of this section is to allow an owner or tenant to request a modification without the time, effort, and expense associated with an application for a development order amendment. (h) Application. All requests for a waiver shall be submitted in writing and shall accompany a development application for planned development, PUD, or PCD approval. Each waiver to planned development requirements or standards utilized in a development application for approval of a PUD or PCD shall be identified by the applicant. 3 Date Prepared: June 5, 2008 Ordinance 13, 2008 1 0: 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 62 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (i) Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. The request is consistent with the city's comprehensive plan. The request is consistent with the purpose and intent of this section. The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUDs. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. The request clearly demonstrates public benefits to be derived, including, but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The request is not based solely or predominantly on economic reasons. The request will be compatible with existing and potential land uses adjacent to the development site. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. [j) limitations established in Section 78-1 84 (b). Waiver limitations. All waivers of the height of buildinqs shall be subject to the 4 Date Prepared: June 5, 2008 Ordinance 13, 2008 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 3. Section 78-1 84, Code of Ordinances, entitled “Height of Buildings” is hereby amended to read as follows: Sec. 78-184. Height of buildings. (a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to exceed the height limits established in the property development regulations for the applicable zoning district. (b) Limitations on heiqht waivers for single familv and multi family residential buildings. (I) No waiver in excess of 25 percent of the height limitation of the applicable zoning district-may_beapproved for such residential buildings in any zoning district (other than MXD) where height limitations are measured by feet. 12) No waiver in excess of one story of the height limitation of the applicable zoninq district may be approved for such residential buildings in any zoninq district (other than MXD) where height limitations are measured by number of stories. (3) In zoning districts (other than MXD) where height limitations are measured by both feet and stories, no waiver in excess of one story may be approved for such residential buildings, and in no event shall the waiver exceed the heiqht limitation measured by feet. /4) In MXD zoning districts, no height waivers may be approved for such residential buildings, and no such residential building, regardless of the number of stories, shall exceed (56) fifty-six feet in height. (5) Residential height waivers may be requested within Transit Oriented Development (5) The provisions of this section may not be amended by the city council without a vote of at least four city council members. JThe remainder of this page intentionallv left blank1 5 Date Prepared: June 5, 2008 Ordinance 13, 2008 Current Height Limit 1 Maximum Heiqht w/ Waiver Restriction TABLE INSET: 2 stories or 36 feet, whichever is the lesser 2 stories or 36 feet, Residential Heiqht Limitations 3 storied36 feet 3 storied36 feet Underlyinq Zoning designation within Planned Unit Development (PUD) and Planned Community District (PCD) whichever is the lesser NMT 45 feet Overlays Residential Low (RL-1, RL-2, & RL-3) Residential Medium (RM) 56 feet Residential Hiqh (RH) Existinq Height Limit 36 feet ~~ Residential within Mixed-Use Maximum Heiqht w/ Waiver Restriction of 25% 45 feet 36 feet 50 feet NMT 45 feet 4 floors, (waivers only for employment center uses located at intersection of two Arterials] ~ ~ 45 feet 62.5 feet 56.25 feet 5 floors, ONLY for employment center uses located at intersection of two arterials 4 stories 4 stories ~/ 56 I feet 1 3 4 5 6 7 8 9 10 11 ole) Limitations on height waivers for non-residential buildinqs. All non-residential buildings in all non-residential zoninq districts located west of Interstate Highway 95 shall be limited to a maximum building height of 25% in excess of the height limitation in the applicable zoning district. TABLE INSET: 12 13 14 15 16 17 18 19 20 Limitations on Non- Residential Development West of 1-95 Underlying Zoninq Designation Commercial (CN, CG-1, CG-2, CR) Professional Office (PO) xdustrial(M-I, M-IA, M-2) Public I ns t i tut iona I ( P/I ] Mixed-Use (MXD) @ij@ Exceptions. The height limitations of this section shall not apply to church spires; barns, silos; monuments; antennas; penthouses and domes not used for human occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level. These features, however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve and shall not exceed 20 percent of the ground floor area of the building. 6 Date Prepared: June 5,2008 Ordinance 13, 2008 I e: 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 3.s 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 12) In the event that the City adopts amendments to the Land Development Regulations which establish a Transit Oriented Development (TOD) Overlay, certain properties may be eligible to apply for rezoning to apply the Overlay to the property. The limitation on height waivers established in this section shall not apply to any property located east of Interstate Highway 95, which is rezoned to a TOD Overlay. (cQMObsfrucfions. All obstructions, as defined by the Federal Aviation Administration, shall be marked and lighted in accordance with applicable federal or state regulations. SECTION 4. This Ordinance shall not be construed or held to affect the rights of any existing building to continue in a use or structure that may otherwise become a legal nonconformity as a result of the passage of this Ordinance or any building specifically approved by a development order granted by the City prior to the effective date of this Ordinance. SECTION 5. Codification of this Ordinance is hereby authorized and directed. SECTION 6. This Ordinance shall become effective immediately upon adoption. [The remainder of this page intentionally left blank] 7 Date Prepared: June 5, 2008 Ordinance 13. 2008 1 e: 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 e 26 27 28 29 30 31 32 33 34 35 36 37 3% 39 40 41 42 PASS ED this day of , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember Robert G. Premuroso, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: City Attorney AGAINST ABSENT 8 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print > Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. v COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: yxh- -- 6- -LT - - Subject : \ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: City: Subject : W I Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print COMMENTS FROM THE PUBLIC Request to Address City Council J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council t’ Subject : , Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council n/ , \f Subject: - Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council J Please Print Name: &fO.?L VdLkku uu/I ‘ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council J Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: I /en; c 0”f t“ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council J Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. / COMMENTS FROM THE PUBLIC Request to Address City Council Please Print I Name: City: Subject: .-L Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council J Please Print Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council /’ Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC J Request to Address City Council Please Print Name: 9u+ TILA4 Address: G-24 /cca/‘2-h./ go City: I Subject: <f&&k’Lk-di%ks&.- jG 0 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ,-\ \ FA%+-i? i,r Address: 4B3kl s+rDbPbvy’ ‘W City: w ’ h - i Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print P.4 G , City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC \ Request to Address City Council Please Print Name: Subject : Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. I. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: R#f- St/A/-/ Address: C&/R pY/: 5- -7-y r / 52 ’C1,/ KO - City: P 6., c /-L- ?-d-//5? .1 Subject: L<7/: C&f f- P FY 2d-T P- Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council J Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.