HomeMy WebLinkAboutAgenda P&Z 072208AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, JULY 22,2008 AT 630 P.M.
COUNCIL CHAMBERS
0 CALLTOORDER
0 PLEDGE OF ALLEGIANCE
ROLLCALL
0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
0 APPROVAL OF MINUTES: February 26,2008, April 8,2008 and April 22,2008
PLANNING,ZONINGANDAPPEALSBOARD
RePular Members: Alternates:
Craig Kunkle (Chair)
Douglas Pmell (Vice Chair)
Barry Present
Randolph Hansen
Dennis Solomon
Michael Panczak
Joy Hecht
Amir -1 (1" /Ut.)
Donald Knan (2" Alt.)
Planning, Zoning and Appeals Board
July 22,2008
1. PublicHearing:
Recommendation to City Council: Donnini Enterprises, Inc. (DEI), through its agent
Dodi Buckmaster-Glas of Gentile, Holloway, O’Mahoney & Associates, Inc., is
requesting that the City annex its 0.71 acre property and perform a small-scale
comprehensive plan amendment and rezoning for the property following the voluntary
annexation. DEI is also seeking site plan review for the minor conditional use of
“Convenience Store with Gas Sales”, which will include a fast-food restaurant to be co-
located within the convenience store. The 0.71-acre parcel of land is located at the
southwest corner of the intersection of Military Trail and Northlake Boulevard. The
following petitions will be presented at the public hearing:
Petition ANNX-07-12-OOOOO3: Request to annex a 0.71-acre parcel of land currently
located withm unincorporated Palm Beach County.
Petition CPSS-07-12-000002: Request for approval of a small-scale comprehensive
land-use map amendment in order to change the current land-use designation of a 0.71-
acre parcel fiom Palm Beach County Commercial Low (CL-I) to City of Palm Beach
Gardens Commercial (C).
Petition REZN-07-12-000002: Request for a rezoning of the 0.71-acre parcel of land
from the existing county zoning designation of CN (Commercial Neighborhood) to the
City’s zoning designation of CG-1 (General Commercial) with a PUD Overlay.
Petition MNSP-07-12000003: Request for site plan approval to allow a 2,600-square-
foot service station building with a total of six (6) gasoline pumps. wed Manrgas: Richard Uumo. Senior plmncr rmmcro~ (799-4219) and Stephen Mayer, Senior planner
smavcr@Dbdf.com (799-4217)
2. Public Hearing:
Petition PPUD-08-03-000019: Diver’s Direct Property (4074 Northlake Boulevard)
Recommendation to City Council: Holiday Diver Inc., through its agent, Michael J.
Sanchez, is requesting to be rezoned fiom General Commercial (CG-1) to General
Commercial (CG-1) with a Planned Unit Development (PUD) Overlay and site plan
approval in order to allow for a 3,710 square-foot expansion to the existing building. The
1.37-acre site is located at the southwest corner of 1-95 and Northlake Boulevard.
~ectMalu~RicbudMamm~& bpfl.com (799-4219)
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
In acxodmce with the Americans with Diaabilitka Ad and Flairlo .%%& 286.26, penons with disabilities needing special acxamnmktions to
participate in this proceeding shculd contact the Ciy Clerk’s Oflce, no later than fm days prior to the proceeding, at telephone number (561)
799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE),
fm assistance. qa person decides to appeal any decision made by the Planning Zoning and Apah Baard, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the
pi&*; and for such, they may need to enswe that a wbah reumiqfphepnxeed~ ismode. which record inchdes the wand
evidence qon which the apl ia to be bared Eurcr leg01 akscription adm suneyfor the cases may be ohinedfian the files in the Growth
ManapmntDepartment.
Commonlpz agenda 07-22-2008.doc
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL 9 PALM BEACH GARDENS, FLORIDA 33410-4698
MEMORANDUM
DATE: JuBy 22,2008
TO: Planning, Zoning and Appeals Board Members
FROM: Growth Management Department
SUBJECT Planning, Zoning and Appeals Board Meeting
Tuesday, July 22,2008 - &do PN.
Enclosed is the agenda containing the items to be presented on Tuesday, July 22,2008.
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.
As always, the respective Project Managers’ telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer Mer st& support in the review of these
applications.
Nina Sorenson, Administrative Specialist II, Will call to confirm your attendance.
Kara L. Irwin, AICP
Growth Management Administrator
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
FEBRUARY 26,2008
The February 26,2008 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 Vice Chair Douglas
Pennell.
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Ill.
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V.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
The Public Information Coordinator called the roll.
Members Present: Douglas Pennell, Vice Chair
Randolph Hansen
Michael Panczak
Members Absent:
Also Present: in, Growth Management Administrator, Staff Liaison
Richard Marrero, Senior Planner
REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR
None.
APPROVAL OF MINUTES
None.
Vicc Chair Douglas Pcnnell requested the Public Information Coordinator to swear in all those
preparing to give testimony tonight.
RECOMMENDATION TO CITY COUNCIL
Public Hearing
I. PUDA-07-09-000010: Mirasol Walk PUD - Walgrecns Drugstore with Drive-Through
A request by Anne Booth of Urban Design Studio, on bchall'of PBC-Three LLC, for approval of'
a site plan within the Mirasol Walk Planned Unit Dcvclopment (PUD) to allow for the
construction of a 14,820 square-foot drugstore with drive-through lanes on an approximately 2.7-
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
02 .26 .08
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9 who had arrived late.
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13 hearing.
acre site. The Mirasol Walk PUD is located at the northwest corner of the Ronald Reagan
Project Manager: Richard Marrero, Senior Planner
Vice Chair Douglas Pennell requested ex parte communication. Randolph Hansen replied he
did participate in a telephone conversation. The remaining Board members reported none.
Anne Booth, Urban Design Studio, representing Mirasol Walk Walgreens Drugstore
described the project location, site plan, changes to the landscaping and architecture.
Vice Chair Douglas Pennell requested the Municipal Information Coordinator swear in those
Vice Chair Douglas Pennell declared the public hearing open. With no comments from the
public, the public hearing was closed.
Board members thanked Anne Booth for her attention to the details discussed at an earlier
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0 Amir Kanel inquired if there are provisions for a generator. Anne Booth replied there is a
provision for a generator to be brought in, but there is no provision for a generator to be built
in.
Michael Panczak inquired about the color palette. Anne Booth stated the color is consistent
with Mirasol Walk PUD color palette.
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Motion
09-000010: Mirasol Walk PUD -
endation to City Council of PUDA-07-
tore with Drive-Through as presented.
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e Frenchman’s Reserve
encroachment into the
three-foot side setback on Lot Nine. The Frenchman’s Reserve PCD is located east of Alternate
AlA, approximately one mile south of Donald Ross Road.
Project Manager: Richard Marrero, Senior Planner
Request is for residential variance to the side setback for accessory structures for 1 1.5 inches.
Robert Wunderlich, property owner of 317 Charroux Drive, described his property and
showed pictures of the tiki hut and the surrounding property. He stated his reason for
requesting the variance is that the tiki hut was built on his property without his knowledge of
the setback and easement requirements.
Vice Chair Douglas Pennell declared the public hearing open.
Edward S. Hammel, Esq., Sachs & Sax, P.A., 301 Yamato Road, Boca Raton, Florida,
3343 1, stated he represents Frenchman’s Reserve Master Property Association, the
homeowners association that governs Robert Wunderlich’s property.
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0 Mr. Hammel expressed the Association’s concern for granting a variance because there are
447 residences in the community and granting one would set a precedent on the side setback 8
Mr. Hammel pointed out that there is no special circumstance or hardship involved. 0
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Vice Chair Douglas Pennell declared the public hearing closed and requested any ex parte
communication, to which none was declared.
All Board members expressed their understanding for Mr. Wunderlich’s unfortunate
situation.
Motion
Barry Present made a motion for denial of PVAR-08-01-000005: Side Setback Variance for 317
Charroux Drive. Jonathan Rubins seconded. Vote for denial, 6-1, with Dennis Solomon
dissenting.
PUBLIC WORKSHOP
3. SPLA-08-01-000010: steeplechase Research & Office Center
A request by Dodi Glas of Gentile Hollow O’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 office building. The subject site is located at the
northeast corner of Steeplechase Drive and Beeline Highway and is approximately 3.71 acres.
Project Manager: Richard Marrero, Senior Planner
Amir Kanel recused himself from this issue because he is a resident of the Steeplechase
community.
Dodi Glas, Gentile, Holloway, O’Maho
described the location and history of
community in September (2007) at whic
Steeplechase intended to build a ma
project is still in the review st
landscape buffers, gree
The waiver being r
size and the space o
Noe Guerra,
hour security
Vice Chair Douglas Pennell declared the public hearing open.
William Tracy, 5028 Misty Morn Road, Palm Beach Gardens, stated his objection to the
project is the size of the building and he believes the application is inconsistent with the PUD
and staffs explanation of commercial neighborhood zoning.
Arlene. B. Englander, 5710 High Flyer Road, Palm Beach Gardens, stated residents were
unaware the developer made significant changes to the building since the last meeting. The
developer has not provided the neighborhood with the requested materials. They were
obtained through a Public Records Request.
Paul Pouhos, 5701 Whirlaway Road, Palm Beach Gardens, expressed his concern about
traffic at the Steeplechase Drive exit.
Maurice Hakim, 5776 Lady Luck Road, Palm Beach Gardens, discussed traffic and safety
issues near the planned Steeplechase manned guard house and its location near, what would
become, a major ingresdegress site for the new project.
Charles Zacharias, 8764 Steeplechase Drive, Palm Beach Gardens, discussed traffic and
safety issues; location of air conditioning equipment and location of trash bins.
Patti Leonard, 5168 Misty Morn Road, Palm Beach Gardens, stated her objections to a
commercial development within a residential PUD, safety, traffic, parking and non-
compliance with code. Ms. Leonard mentioned sending an e-mail earlier in the day.
ssociates, Inc., representing the petitioner,
. She cited a meeting held with the
ues from residents were noted and that
e at the entrance. Dodi Glas clarified the
concerns including security, traffic,
for the elimination of 19 parking spaces based on the
scribed the architecture and LEED elements. Twenty-four
LEED certification and architecture.
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Marc Abrams, 8667 Steeplechase Drive, Palm Beach Gardens, stated his concerns about
traffic safety because of problems with stacking.
Joseph Kuharcik, 5693 High Flyer Road S, Palm Beach Gardens, stated his concerns for
traffic and parking issues.
Robert Gordon, 8091 Native Dancer Road E, Palm Beach Gardens, stated his concerns for
traffic, safety issues and zoning non-compliance.
Renee Gordon, 8091 Native Dancer Road E, Palm Beach Gardens, stated her concern for
traffic issues due to the railroad tracks, stacking of train cars, as well as the additional traffic
generated by the new building. She also cited non-compliance with zoning issues.
Steve Mathison, Attorney for Steeplechase Property Owners Association, 5606 PGA
Boulevard, Palm Beach Gardens, stated the serious and active concerns of the residents of
Steeplechase are very clear. Mr. Mathison stated he has met with the developer and the
developer’s consultants and very serious concerns exist including: height of building, size of
building, traffic, safety, buffering, lighting as it affects abutting property, landscaping,
drainage and security. He will continue to work with the developer and the developer’s
representatives in a positive fashion, but he will continue to protect the rights of the
Steeplechase residents.
Raj Shah, 5216 Misty Morn Road, Palm Beach Gardens, stated his concerns that the
backyard of his house directly abuts the
Ed Spenser, 8533 Native Dancer Road ch Gardens, expressed his concern about
traffic issues.
Dr. Robert Greer, 8030 Steeplec m Beach Gardens, stated he is a local
physician with an offi ay One and Park and as a single practitioner he
fills up 25 parking sp nely for a 3,000-square foot building. Dr. Greer
stated the parking pl oject is totally inadequate. He also expressed his
concern that the plan ing in the Northeast corner of the property and Dr.
Greer believes it to be t st corner of the property. Dr. Greer also stated that traffic
and U-turns will be hazar
Paul Marro, Steeplechase Board of Directors, 5569 Sea Biscuit Road, Palm Beach Gardens,
stated his concerns
Vice Chair Douglas Pennell declared the public hearing closed.
Vice Chair Douglas Pennell re-opened the public hearing for the following speaker.
David Moore, 7807 Steeplechase Drive, Palm Beach Gardens, stated he appreciated the
beauty of the architecture of the building, but it was a monstrosity of a building that does not
belong in a neighborhood. It is out of character with the community and will serve a much
larger region than the 324 people in the immediate area. Ingress and egress to the area are
issues as is the inadequate parking.
Vice Chair Douglas Pennell requested the Municipal Information Coordinator swear in those
who had not previously been sworn.
Gus Oenbrink, 5484 Sea Biscuit Road, Palm Beach Gardens, expressed his concern
regarding the traffic issues.
Vice Chair Douglas Pennell declared the public hearing closed and brought the issue back to
the Board for discussion.
Discussion ensued regarding the review materials for the workshop.
Randolph Hansen inquired about the current zoning of the commercial neighborhood.
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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Growth Management Administrator Kara Irwin replied code provides for the building height
of the lesser of two stories or 36 feet.
Staff is still reviewing the project. It has not been to a Development Review Committee
(DRC) meeting yet. The public workshop is being done early to get public comment early in
the process. If the project comes in as a PUD the straight zoning would still prevail and a
waiver must be requested.
Barry Present asked who the developer is. Noe X. Guerra, 4573 West Tradewinds Drive,
Lauderdale-By-the-Sea, represents Sinergo Investment Corporation, of Florence, Italy.
Growth Management Administrator Kara Irwin stated the public workshop was mainly for
the public and the submitted material is still in review. Douglas Pennell stated he appreciated
the public workshop concept, but the Board does not even have the material the residents
have. Kara Irwin stated she will ensure the Board receives all material available for any
fbture public workshops.
Dodi Glas stated she wished to clarify the record on two points: 1) when they met with
residents the plans were basically the same as they are now and 2) she never heard any
comment such as “shoving it down their throats.”
Dodi Glas then asked for the traffic consultant to be heard. Douglas Pennell asked that the
traffic consultant be heard at a future meeting.
Douglas Pennell declared a 7-minute rec
ide Storage, LLC, for
lanned Unit Development (PUD) Overlay with
proval to allow the
development of a four-sto be known as the
“Riverside Self Storage.” located at 10300
Riverside Drive, approximately one-quarter mile south of the intersection of Riverside Drive and
Burns Road.
Project Manager: Richard Marrero, Senior Planner
Terry Lessard, Brewer Architecture, stated that at 6:20 p.m. today he was advised that the
staff report recommending approval of the lot size waiver changed to a recommendation of
denial. His presentation is now inaccurate. However, he does wish to proceed.
Terry Lessard described the property location, size, zoning, sti-ucture and architecture. He
described the lot size waiver that was requested, but staff now recommends denial. He asked
to be heard on this issue after staff presents their recommendations and proceeded with his
presentation.
Jackie Holloman, Planner, apologized to the applicant for the change in position on the
waiver for the lot size requirement, but stated that staff does have the right to make
suggestions and recommendations throughout the review process.
Jackie Holloman read the petition into the public record and described the project.
Planning, Zoning and Appeals Board public workshop of November 13, 2007 advised the
following:
- Project seemed too large for the neighborhood, although the architecture was well done
and it was similar to other approvals.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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- Four stories could be tiered or set back.
Residents expressed concern for building size, visibility from residential properties, out of
character with existing structures, noise, light pollution and possible crime increase that it
would affect the safety of area children.
Staffs recommendation for denial of the petition is based on the following:
- Failed to use more desirable architectural techniques, such as tiering, that would lessen
the visual impact on western properties.
- Failed to increase the front building setback to provide sufficient screening and buffering.
Terry Lessard expressed is objection to receiving the new standards during the meeting.
Vice Chair Douglas Pennell suggested Mi. Lessard consider a continuance until the next
meeting. The decision was made to continue with the public hearing.
Vice Chair Douglas Pennell declared the public hearing open.
Donald Bal, 3783 Dogwood Avenue, Palm Beach Gardens, stated his objection to the self
storage project because of inexperienced, nonprofessional truck drivers with three schools in
the area.
Samantha Raymond, 3902 Daphne Avenue, Palm Beach Gardens, sees the Thies building to
her left and now will see the self storage building to her right. She expressed her concern
over losing her neighborhood.
Noel Steever, 3761 Dogwood Avenue, each Gardens, will lose the beautiful view
from her lanai (roofed patio).
Mark Griffin, 3762 Dogwood Aven Gardens, listed four nearby schools and
the affect on the neighborhood.
Jennifer Griffin, 3762 Dogwoo Beach Gardens, expressed her concern for
neighborhood children
Mack Foster, 3807 Do Beach Gardens, stated his concern for strangers
coming into the neig
Kenneth Hanna, 381 nue, Palm Beach Gardens, has lived in his home for over
19 years, does not want t
Seena Hardy, 3826 Daphne Avenue, Palm Beach Gardens, has lived in her home for 29
years, expressed her concerned that Riverside Drive is a two-lane road and it will impact the
neighborhood and the children.
Brian Johnson, 3790 Dogwood Avenue, Palm Beach Gardens, cited the Thies building and
its impact on the community. Expressed his concern for the impact the self storage building
will have because of its size and height.
Patti Ernst, 10260 Dogwood Avenue, Palm Beach Gardens, stated she is 204 feet from the
proposed new building and does not want to see the residential community ruined.
Richard Whiting, 3800 Daphne Avenue, Palm Beach Gardens, admires the job the City has
done with its beautification program for the area. Noted the proposed building should be on a
5-acre lot, not a 1 -acre lot. He voiced his concerns about residential property values.
Martin Schwalberg, 10237 Dogwood Avenue, Palm Beach Garden, 29-year resident in the
same home. Stated his objections to the proposed storage building.
Norman Hopkins, 10238 Dogwood Avenue, stated he and his wife are 31-year residents in
their home. Admired the architecture of the proposed building, but feels it is in the wrong
place and believes it will hurt the property values.
Vice Chair Douglas Pennell declared the public hearing closed.
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mmunity ruined and agrees with other speakers.
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Vice Chair Douglas Pennell requested ex parte communications from Board members. Barry
Present, Douglas Pennell, Dennis Solomon, Randolph Hansen, and Michael Panczak replied
affirmatively, that they did have contact with the petitioner’s representative.
Board members discussed the project further.
Motion
Dennis Solomon made a motion for recommendation of approval to City Council of PPUD-07-
06-00001 5: Riverside Self Storage with two waivers. Randolph Hansen seconded. Approval was
denied 4-3, with Barry Present, Michael Panczak, Jonathan Rubins, and Joy Hecht dissenting.
RECOMMENDATION TO CITY COUNCIL
Public Hearing
5. PPUD-07-02-000013: Klock Office Buildinn Planned Unit Development
A request by Cotleur & Hearing, on behalf of Comac Burns Road, LLC, for rezoning from
Research and Light Industrial Park (M-I) to a Planned Unit Development (PUD) Overlay with
underlying Research and Light Industrial Park (M-1) zoning district and a site plan approval to
allow the development of a three-story, 48,000-square-foot professional office building to be
known as the “Klock Office Building.” The 3.01-acre site is located on the north side of Burns
Road approximately 1,340 feet east of Military Trail.
Project Manager: Jackie Holloman, Plann
Brian Cheguis, e location, property history, site plan,
landscape planning, 1 style, and proposed signage. Waivers
requested includ trees, 2) foundation landscaping,
3) monument sign,
Jackie Holloman, P1 was informed of the required waiver because
the project is withi
Vice Chair Douglas P o one wishing to speak,
Vice Chair Pennell dec
* Vice Chair Douglas Penn ted ex parte communication. Randolph Hansen declared e-
mail communication from the applicant.
Board members discussed the project.
Motion
Jonathan Rubins made a motion for approval of the recommendation to City Council of PUDA-
07-02-00001 3: Klock Office Building Planned Unit Development. Barry Present seconded. The
motion was approved unanimously, 7-0.
RECOMMENDATION TO CITY COUNCIL
Public Hearing
6. MISC-07- 12-000038: Prosperity Centre Planned Unit Development (PUD) Signage
A request by Larry Presley, of Bell Sign, on behalf of Equity One (Florida Portfolio 2000), Inc.,
to allow for modifications to the signage criteria and revisions to the monument signs for the
PUD. The Prosperity Centre PUD is approximately 10.79 acres and is located along the south
side of PGA Boulevard between Prosperity Farms Road and Kidd Lane.
Project Manager: Richard Marrero, Senior Planner
Amendment
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Alfred Malefatto, Esq., Greenberg Traurig Law Firm, representing Equity One and CVS
Pharmacy including Minute Clinic (subtenant) explained the request for new signage
including: color modification, replacement of PUD monument signs, and painting of fascia.
Douglas Pennell, Vice Chair, declared the public hearing open. With no one wishing to
speak, Douglas Pennell declared the public hearing closed.
Douglas Pennell, Vice Chair, requested ex parte communication to which none was declared.
Board members discussed the proposed amendment with specific attention that the
background color behind the CVS sign not be painted a contrasting color.
Richard Mannero, Planner, explained window signs are not being permitted in this process.
Only tenant signage approval is being sought.
Motion
Randolph Hansen made a motion for approval of the recommendation to City Council of PUDA-
07- 12-000038: Prosperity Centre Planned Unit Development (PUD) Signage Amendment
including the comments from staff and that the terracotta color background behind the CVS sign
not be painted a contrasting color. Michael Panczak seconded. The motion was approved
unanimously, 7-0.
VIII. OLD BUSINESS
None. Ah#
IX. NEW BUSINESS
None.
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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X. ADJOURNMENT
There being no further business to come before the Board, Vice Chair Douglas Pennell adjourned the
meeting at 10:21 p.m. The next regular meeting will be held March 25, 2008.
APPROVED
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present
Dennis Solomon
Jonathan Rubins
Joy Hecht, 1 st Alternate
Amir Kanel, 2nd Alternate
ATTEST
Debbie Andrea
Public Information Coordinator
- Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting.
A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the City Clerk’s office. Note: The Public Information Coordinator swore in those preparing to give testimony.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
APRIL 8,2008
The April 8, 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
Chair Craig Kunkle.
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
111. ROLL CALL
Members Present:
Members Absent:
Management Administrator
ckson, City Forester
d members on the dais.
ed the Klock property project on 1 st reading.
rd a Text Amendment and request for Map Amendment to the
for the Spears property West of the golf course. Council denied
both requests.
City Council approved the North County Library Expansion project. Council did request
the mansard roof instead of the flat roof. Council also requested a transportation hub or
bus stop be included in future plans.
City Council approved a Concurrent Processing Request for an Annexation, Land Use
Amendment and Site Plan Approval from County zoning to City commercial zoning for
a gas station at the Southwest corner of Northlake Boulevard and Military Trail.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04.08.08
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APPROVAL OF MINUTES
None.
PUBLIC WORKSHOP
City-initiated workshop to present the EAR-Based Comprehensive Plan amendments for
the Future Land Use, Transportation, and Housing elements in the first of two public
workshop sessions; and to request public input and discussion and direction from the
Planning, Zoning, and Appeals Board. Both sessions will outline the amendments to the
Comprehensive Plans Goals, Objectives and Policies that recommends and will
include an executive summary of each element. Session 2onsist of EAR-Based
Comprehensive Plan amendments for the remaining omprehensive Plan,
Intergovernmental Coordination.
Chair Kunkle declared the public c
present the Evaluation and Appraisa
forward. No speakers came forward at th
from the EAR-Based Compre
Use, Transportation and Hous anyone wishing to speak can
to Debbie Andrea, Public
eady. Planning Manager Kunkle stated that Board members
"'what the statement means. Senior Planner
ective and no change is recommended. Mr.
purpose. Staff Liaison Irwin explained it is
port about soil conditions, environmental conditions
0) for the purpose of promoting the location of a rail station in
of the elements and she believes it may be helpful to the audience and answer some of
the Board's questions. Chair Kunkle asked Planning Manager Zacarais to please
answer Mr. Hansen's question. Senior Planner Mayer answered stating the City can
participate in planning and implementing a transit plan, which in a multi-modal
situation includes pedestrian, bicycle, connectivity, linkages of road networks as well
as mass transit. Staff Liaison Irwin explained that some planning is done on a
regional scale.
Randolph Hansen referred to Future Land Use, Item C, page 1-1 1, General Mixed
Use. He stated he believes capping any building height at 4 floors is being driven by a
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04.08.08
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small group of people and is short sighted and not in the best interest of the City.
Planning Manager Zacarais noted his objection.
Randolph Hansen then noted his objection to Item 1, page 1-12, Mixed Use
Development criteria, stating that it is a nice idea but is limiting as well. Planning
Manager Zacarais noted his objection.
Randolph Hansen referred to Policy 1.1.1.3, page 1-16, and inquired about the
deletion of everything under Mixed Use Developments. Staff Liaison Irwin explained
that the text is not being removed. It appears in the Comprehensive Plan twice, so the
second iteration is being removed.
Randolph Hansen then referred to Poli
design guidelines developed by John Glidden ar
checklist or cook book approach. Planning
which the words were chosen citing “as
Randolph Hansen referred to Policy 1.3.
encouraging improvement to properties
Randolph Hansen referred to Policy ,@
should participate in the transit improve
work.
on, pages 2-10 and 2-1 1 and
olumes and Capacities
ta from the County has
page 2-1 0 and only one
eem inconsistent and
asked if a connectivity
aid she will check.
page 2-19, and asked how parkways are
ting neighborhoods. Staff Liaison Irwin
ing roads. New developments would have to
Policy 2.1.3.7, page 2-21 and inquired if existing
onded stating the right-
Rights-of-way will be
Summary, Item 2, and
providing housing of
izes and costs. Planning Manager Zacarais explained it is an existing
dy is being proposed.
Randolph Hansen then referred to the Housing Element - Executive Summary, Item
3, and inquired if it is planned to use substandard units as affordable housing or if
they will be eliminated. Planning Manager Zacarais explained it is an existing
objective of the Comprehensive Plan. Code Enforcement now goes through
neighborhoods and identifies substandard units and then helps to bring them up to
code.
Randolph Hansen inquired about the inclusion of group homes and mobile homes
together. Planning Manager Zacarais explained it is an existing objective of the
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04.08.08
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Comprehensive Plan and group homes are assisted living facilities. Randolph Hansen
stated he believes manufactured homes should be included. Staff Liaison Irwin
explained the licensing, categories and zoning that allows group homes.
Randolph Hansen referred to Policy 3.1.2.3, page 3-2, and inquired if impact fees are
included. Planning Manager Zacarais explained impact fees are key elements and are
considered when affordable and workforce housing is planned.
Randolph Hansen referred to Policy 3.1.3.1, page 3-2, and asked for a definition of
“overcrowding.” Planning Manager Zacarais explained the City does not have a
definition for “overcrowding” at this time.
considered older. Planning Manager Zacarais expl
Randolph Hansen referred to Policy 3.1.5.4, pa
homes.
expected to pay for the Nei
Zacarais explained older neighborhoods
upgrades and possibly be placed in the C
Dwelling Units (ADU) is a g
timeframe for identifying a
accepted definition.
he does not believe
Randolph Hansen referred to
vement Element.
, stating he believes Auxiliary
, stating mixed income housing
ence and knowledge. Planning Manager
development that includes single-family
and asked for a definition of “affordable
eves determining property value based on
benefit of the residents. Douglas Pennell replied this is a workshop so the presentation
will be shown at another meeting and he would like to complete the Board’s
questions first.
Vice Chair Pennell referred to workforce housing and transportation as issues that
include the availability of a suitable site for building and Tri-Rail and the trolley
system as all being tied together.
Vice Chair Pennell stated that going green is expensive and property owners should
not be forced to do so. He said that incentives could be considered.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04 .08 .08
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Vice Chair Pennell thanked Planning Manager Zacarais for her work.
Planning Manager Zacarais thanked Board members for their comments, gave her
PowerPoint presentation and explained a Comprehensive Plan is meant as guidance
for the future growth of a city and needs to be broad, have policies, goals and
objectives that are general and will allow the review of land development regulations.
Planning Manager Zacarais explained the history and objectives of Florida Statutes
governing Comprehensive Plans and the elements involved. She then explained the
process for the EAR and the identifica
Planning Manager Zacarais stated the qssed so the quality of
life could be sustained and continue to improve. A 3 e movie was shown about
Palm Beach Gardens. Conservation issues were p
Senior Planner Mayer reviewed conc
an annexation study and an historical prese
Vice Chair Pennell declared the public
Use element of the presentation.
Carolyn Chaplik, 7 1 5 Hudson Bay Dri
look to older communities for redevelopm
land.
ent of the Future Land Use
ted the Traffic Element
ffic. Working with the
through a financially feasible
d. Coordination with the
programs. Prepare a Transit
any residents, employees and shoppers
ies to relieve congestion on the Florida
comment segment open for the Transportation
speakers to be heard, the public comment
ent including: energy
s housing, affordable,
open for the Housing
, 715 Hudson Bay Drive, Palm Beach Gardens, asked if it is possible
to become so detailed that the City becomes trapped for the next seven years.
Planning Manager Zacarais responded the EAR process began in 2006 and the report
was reviewed by the Department of Community Affairs (DCA). The DCA
recommendations are being incorporated into the Comprehensive Plan.
Vice Chair Pennell declared the public comments segment of the Housing element
closed.
The second PZAB public workshop for the remaining EAR elements will be
presented May 27, 2008. The City Council public workshops will be May 15 and
element closed.
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04 * 08 .08
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June 5, 2008. The PZAB public hearing will be July 8 and City Council public
hearing will be August 2 1,2008.
The adoption process begins with the completed document being submitted to the
DCA for review. The DCA Objections, Recommendations and Comments (ORC)
Report should be received by the City in October 2008. A report will be submitted to
the DCA regarding any comments from the ORC Report. The completed EAR-Based
Comprehensive Plan will be adopted by February 9,2009.
OLD BUSINESS
None.
NEW BUSINESS
tonight’s elements and inquired if ano
remaining elements.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04 .08 .08
Page 6
1 X. ADJOURNMENT
2
4
5 APPROVED:
6
7 Craig Kunkle, Chair
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9
There being no hrther business to come before the Board, the meeting was adjourned at
3 8:19 p.m. The next regular meeting will be held April 22,2008.
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Douglas Pennell, Vice Chair
Deborah Andrea
Public Information Coordinator
Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk. Note: The Public Information Coordinator swore in those preparing to give testimony.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04.08.08
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
APRIL 22,2008
The April 22, 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
Chair Craig Kunkle.
1. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
111. ROLL CALL
The Municipal Services Coordinator calle
Members Present:
Management Administrator
equest for building medallions and the sale of beer and wine in the
's art project, previously reviewed and approved by the Art in Public Doubletree
0
Places Advisory Board, was approved by Council.
Ballen Isles' East golf course renovation was approved.
V. APPROVAL OF MINUTES
Motion
Dennis Solomon made a motion to accept the Planning, Zoning and Appeals Board minutes
from October 23, 2007. Douglas Pennell seconded. The motion was approved unanimously,
7-0.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04 .22 438
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0 Dennis Solomon made a motion to accept the Planning, Zoning and Appeals Board minutes
fiom January 22,2008. Douglas Pennell seconded. The motion was approved unanimously,
7-0.
PUBLIC WORKSHOP
PPUD-08-03-000019: Divers Direct
A request by Michael J. Sanchez, on behalf of Holiday Diver Inc., for rezoning fkom
General Commercial (CG-1) to a Planned Unit Development (PUD) Overlay with
underlying General Commercial (CG- 1) zoning district a
the southwest comer of 1-95 and Northlake Boulevard.
Project Manager: Richard Marrero, Senior Planner
telephone conversation with Jay Moore. No ot
Michael Sanchez, Johnston Group
Anderson, Anderson Architecture a
Michael Sanchez described the pr
proposed expansion changes to the lan
- Landscape buffer
ng beyond 20 percent of
lding architecture, colors, roof; thought the
the expanded septic system acceptable but
ded the project; inquired if a precedent will be set by
if a sidewalk is planned. The Overlay allows the flag
Did not like the Learn to Dive slogan sign and suggested
Did not like the Learn to Dive slogan sign; did like the flagpole and
disturb neighbors. Mr. Sanchez stated the pool equipment is housed within the
building.
Joy Hecht: Asked the location of the handicapped parking and whether there will
be signage to identify it; liked the flagpole and flag and liked the Learn to Dive
sign. Mr. Sanchez explained the handicapped parking will be marked and there is
only one entrance to the building.
Barry Present: Asked if ingress and egress signs can be posted and asked about
the well that is identified on the survey. Mr. Sanchez stated he will look into
-
-
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04 .22 .08
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signage for the driveways and will look further into the well designation. Mr.
Present did not have a strong opinion regarding the Learn to Dive sign.
- Douglas Pennell: Complimented the project and hoped it would stimulate other
Northlake business to update. He also liked the dumpster plan. He expressed
approval for the requested waivers and the Learn to Dive sign because it was done
in white.
- Craig Kunkle: Complimented the presentation and stated his approval of the
Learn to Dive sign.
Chair Kunkle declared the public hearing open. With no pub#% comments, the public
hearing was closed. Chair Kunkle stated the project will bR;@scus&ed further at a future
meeting.
OLD BUSINESS
0 None.
NEW BUSINESS
0 Growth Management Administrator
Appraisal Report (EAR) items will be com
for its time and work on the
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
04 .22 .08
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X. ADJOURNMENT
There being no further business to come before the Board, Chair Kunkle adjourned the meeting
at 7:08 p.m. The next regular meeting will be held May 1,2008.
APPROVED:
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present
Dennis Solomon
Randolph Hansen
nel, 2nd Alternate
~
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
04 .22 .08
Page 4
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: July 1,2008
Meeting Date: July 22,2008
Petition: ANNX-07- 12-00003
SUBJECT/AGENDA ITEM
Petition: ANNX-07-12-000003: Northlake Shell - Voluntary Annexation Request
Public Hearing & Recommendation to City Council: A request by Dodi Buckmaster-Glas on
behalf of Donnini Enterprises, Inc., to allow the annexation of the 0.7 1 -acre parcel generally located
on the southwest corner of Northlake Boulevard and Military Trail.
~
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Interim City Attorney:
Max Lohman
Development Compliance:
Bahareh K. Wolfs. AICP
Growth Mzpagement
Approved By:
Ronald M. Ferris
City Manager
~
Originating Dept.:
Growth Management:
Project
Manager s’fl
Stephen Mayer
Sr. Planner
[ 3 Quasi -Judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date: July 11, 2008
Paper: Palm Beach Post
[XI Required
[ 3 Not Required
Affected parties:
[XI Notified
[ 3 Not Required
FIN AN C E :
Finance
Administrator:
N/A
Allan Owens
Senior Accountant:
Tresha Thomas
Fees Paid: [ ]
Date:
Budget Acct.#:
NIA
PZAB Action:
Approved
App. w/ conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments :
Ord. 18, 2008
Future Annexation
Area Plan
Letter from Palm
Beach County, dated
April 30, 2008
Date Prepared: July I, 2008
Meeting Date: July 22,2008
Petition: ANNX-07- 12-000003
Subject Property
Existing auto service station
Palm Beach County
North
Sunny Plaza
City of Palm Beach Gardens
South &West
Northlake Corporate Park
Palm Beach County
BACKGROUND
Neighborhood Commercial Commercial-Low
(CN) 1 (CL-1)
General Commercial (CG- Commercial (C) 1)
Commercial Low-1 (CL-1) Commercial (C)
The 0.71-acre site is located at 8961 Military Trail at the southwest corner of the intersection of
Northlake Boulevard and Military Trail. The subject site is within unincorporated Palm Beach
County and operates as a service station with a convenience store and auto repair.
Planned Unit
Development/General
Commercial (PUDKG- 1)
The applicant’s request is to allow for the annexation of the property. On April 3, 2008, City
Council adopted Resolution 20, 2008 which allowed for the concurrent processing of a minor
conditional use, rezoning to PUD, voluntary annexation and a comprehensive plan amendment for
the subject site. The requests for annexation, comprehensive plan amendment, and a site plan
review with a minor conditional use to allow for a fast-food restaurant to be co-located within the
convenience store have been submitted under separate cover.
Commercial (C)
LAND USE & ZONING
The site currently has a Palm Beach County zoning designation of Neighborhood Commercial (CN)
and a future land use designation of Commercial Low-1 (CL-I). The applicant is requesting
approval to change the future land use designation to Commercial (C) and rezone to a Planned Unit
Development (PUD) Overlay/General Commercial (CG- 1) underlying zoning district. The zoning
and land-use designations of adjacent properties are as follows:
ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS
East
Gardens Park Plaza
Palm Beach Gardens
Northlake Boulevard Overlay Zone (NBOZ)
It is important to note that the subject property is located within the Northlake Boulevard Overlay
Zone (NBOZ). The NBOZ was established to implement the objectives of the Northlake Boulevard
Corridor Conceptual Streetscape Plan. The NBOZ is a joint agreement between the City of Palm
Beach Gardens, the Village of North Palm Beach, Town of Lake Park and Palm Beach County. This
agreement was established to improve the corridor by unifying design and development themes, 0
2
Date Prepared: July I, 2008
Meeting Date: July 22, 2008
Petition: ANNX-07- 12-000003
improving signage along the corridor and redevelopment to improve the area’s economic
conditions.
APPLICANT REQUEST
The Applicant is requesting annexation of subject site, which abuts the City on the north and east
sides. The subject site is across Northlake Boulevard fi-om the Sunny Plaza commercial to the
north; across Military Trail from the Gardens Park Plaza to the east; and abuts the Northlake
Corporate Park to the south and west. Please note that the subject site is identified on the City’s
Potential Future Annexation Area Map included within the Comprehensive Plan.
FLORIDA STATUTES
Section 171.044, Florida Statutes, includes criteria that an area being considered for voluntary
annexation shall satisfy prior to local government annexation:
(1) The owner or owners of real property in an unincorporated area of a county which is contiguous
to a municipality and reasonably compact may petition the governing body of said municipality that
said property be annexed to the municipality.
Staff Response
The subject site is located within unincorporated Palm Beach County and is contiguous on two
sides to the City’s boundaries (north and east). The parcel is concentrated in a single area and
would eliminate an enclave if annexed into the City. Therefore, the proposed annexation is
consistent with this Section of the Florida Statutes.
(2) Upon determination by the governing body of the municipality that the petition bears the
signatures of all owners of property in the area proposed to be annexed, the governing body may, at
any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the
boundary lines of the municipality to include said property. Said ordinance shall be passed after
notice of the annexation has been published at least once each week for 2 consecutive weeks in
some newspaper in such city or town or, if no newspaper is published in said city or town, then in a
newspaper published in the same county; and if no newspaper is published in said county, then at
least three printed copies of said notice shall be posted for 4 consecutive weeks at some
conspicuous place in said city or town. The notice shall give the ordinance number and a brief,
general description of the area proposed to be annexed. The description shall include a map clearly
showing the area and a statement that the complete legal description by metes and bounds and the
ordinance can be obtained from the office of the city clerk.
Sta ff‘Response
The City has received the signatures of’ all property OM~~YS in the area to be annexed. Piior to
annexation by the City Council, the public notice requirements shall be satisfied. Palm Beach
County has not identified any inconsistencies with Chapter 171, F.S. that warrant objection. County
and City stcff met to discuss the annexation and encouraged the City to avoid piecemeal annexation
5
Date Prepared: July 1,2008
Meeting Date: July 22,2008
Petition: ANNX-07-I2-000003
and proactively plan for a sustainable comprehensive annexation plan. Staff is proposing a
comprehensive Annexation Study in the Evaluation and Appraisal Report-based amendments.
Section 171.046, Florida Statutes, states the following:
(1) The Legislature recognizes that enclaves can create significant problems in planning, growth
management, and service delivery, and therefore declares that it is the policy of the state to
eliminate enclaves.
Section 171.03 1, Florida Statutes, considers enclaves as:
(b) Any unincorporated improved or developed area that is enclosed within and bounded by a
single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to
that unincorporated area only through the municipality.
Staff Response
The subject site is an unincorporated improved area that is enclosed by the City on the north and
east sides, and the City’s incorporation of Military Trail and Northlake at this location allow
vehicular trafic to the subject site only through the City. Therefore, this parcel is considered an
enclave per Florida Statutes.
URBAN SERVICES
The surrounding area is currently serviced by the City of Palm Beach Gardens, Seacoast Utility
Authority, Solid Waste Authority and Northern Palm Beach County Improvement District, all of
which will service the subject property. The proposed annexation will not pose a negative impact
on the public facilities in the area.
The annexation has been analyzed relative to the provision of adequate urban services. All service
providers have confirmed that there will be adequate capacity available for water, sewer, solid
waste, police, and fire services.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The proposed annexation area is included in the City’s Potential Future Annexation Area (map
attached) as outlined in the City’s Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Petition ANNX-07- 12-000003 based upon the following
findings of fact:
The subject annexation request is consistent with Florida Statues and the City’s
Comprehensive Plan.
4
Date Prepared: July 2, 2008
1 ORDINANCE 18,2008 .:
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AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A
PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND
CONSISTING OF APPROXIMATELY 0.71 ACRES, GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF NORTHLAKE BOULEVARD AND MILITARY
TRAIL, IN PALM BEACH COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE
VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE
OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY;
AMENDING ARTICLE II OF THE CITY CHARTER BY REDEFINING
THE CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens has received an application
(ANNX-07-12-000003) from Dodi Buckmaster-Glas on behalf of Donnini Enterprises,
Inc., for annexation of an existing 0.71-acre service station with a convenience store
and auto repair located in Palm Beach County into the City of Palm Beach Gardens;
and
WHEREAS, the area to be annexed is contiguous to the City, reasonably
compact, and will result in the elimination of an enclave; and
WHEREAS, the annexation of the area will not result in the creation of any new
enclaves; and
WHEREAS, the area to be annexed meets the requirements of Section 171.044,
Florida Statutes, concerning the character of the area to be annexed; and
WHEREAS, the annexation area is included on the City’s Potential Future
Annexation Area Map of the City’s Comprehensive Plan; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, this annexation petition (ANNX-07-12-000003) was reviewed by the
Planning, Zoning, and Appeals Board at a public hearing on July 22, 2008, which
recommended by a vote of ---; and
WHEREAS, the City Council determines that adoption of this Ordinance is in the
best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: July 2, 2008
Ordinance 18. 2008
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2: The City Council of the City of Palm Beach Gardens finds that the
written petition for voluntary annexation filed with the City bears the signatures of the
owners of the real property hereby annexed into the City.
SECTION 3. The City Council hereby annexes into the City of Palm Beach
Gardens an area of contiguous, compact, unincorporated territory located on the
southwest corner of Military Trail and Northlake Boulevard and incorporated herein, for
the following described real property:
LEGAL DESCRIPTION:
A PORTION OF THE NORTHWEST ’A OF SECTION 24, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NOTHWEST ?4 OF SAID
SECTION 24; THENCE RUN SOUTH 01’09’31” WEST ALONG THE EAST LINE OF
THE NORTHWEST ’/4 OF SAID SECTION 24 FOR A DISTANCE OF 100.00 FEET TO
A POINT; THENCE RUN NORTH 88’33’46” WEST ALONG A LINE 100.000 FEET
SOUTH OF AN PARALLEL WITH THE NORTH LINE OF SAID SECTION 24 FOR A
DISTANCE OF 82.23 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH
43’50’36” EAST FOR A DISTANCE OF 21.07 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEAST, THE CENTER OF WHICH BEARS SOUTH
89’06’25” EAST FROM SAID POINT; THENCE RUN SOUTHERLY ALONG THE ARC
MILITARY TRAIL (STATE ROAD NO. 809); HAVING A RADIUS OF 7699.44 FEET,
THROUGH A CENTRAL ANGLE OF 00’37’23” FOR AN ARC DISTANCE OF 83.73
FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 00’16’12” WEST ALONG
809) FOR A DISTANCE OF 86.48 FEET TO A POINT; THENCE RUN NORTH
88’33’46” WEST FOR A DISTANCE OF 131.75 FEET TO A POINT; THENCE RUN
NORTH 01 ‘09’14” EAST FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE
RUN NORTH 46’41’30” WEST FOR A DISTANCE OF 58.15 FEET TO A POINT;
THENCE RUN NORTH 01’09’31” EAST FOR A DISTANCE OF 136.19 FEET TO A
809A); THENCE RUN SOUTH 88’33’46” EAST FOR A DISTANCE OF 157.77 FEET
TO THE POINT OF BEGINNING.
OF SAID CURVE, SAID CURVE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF
THE WEST RIGHT-OF-WAY LINE OF SAID MILITARY TRAIL (STATE ROAD NO.
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAKE PARK ROAD (STATE ROAD
ADDRESS: 8961 NORTH MILITARY TRAIL
SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are
hereby redefined and shall include the above-described real property, and the property
is hereby declared to be within the City’s corporate limits.
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Date Prepared: July 2, 2008
Ordinance 18, 2008
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SECTION 5: Section 2-1 of the City Charter, entitled “Boundaries”, is hereby
amended to reflect the property annexed into the City by this Ordinance.
SECTION 6: The City Clerk is hereby directed to file a copy of this Ordinance
with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer
of Palm Beach County, and the Department of State within seven (7) days of the
adoption of the Ordinance.
SECTION 7: Codification of Section 3 of this Ordinance is hereby authorized and
directed.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: July 2, 2008
Ordinance 18, 2008
PASS E D 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 Russo, Councilmember
Jody Barnett, Councilmember
Robert Premuroso, Councilmember
AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Max Lohman, City Attorney
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Department of Planning,
Zoning 6L Building
2300 North Jog Road
West Palm Beach, FL 33411-2741
(561) 233-5000
Northlake Blvd
Shell Station
2008-52-001
Planning Division 233-5300
Zcning Division 233-5200
Building Division 233-5100
Code Enforcement 233-5500
Contractor Certification 233-5525
Administration Office 233-5005
Executive Office 233-5228
www.pbcgov.com/pzb
Acre: 0.69
Location: Southwest corner of Northlake Blvd and Military Tr
lst Reading: 05/27/08 2"d Reading: 06/19/08
Palm Beach County
Board of County
Commissioners
Addie L. Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisrnan
Afflmahve Achon Employer"
April 30, 2008
Nilsa Zacarias
Planning Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE:
Dear Ms. Zacarias,
Proposed Annexation Northlake Blvd Shell Station, 2008-52-001
Thank you for providing the County advance notice and the opportunity to
review the annexation summarized below.
I1 Name II Description n
Upon review of the annexation, County staff has not identified any
inconsistencies with Chapter 171, F.S., that warrant an objection. County staff
and City staff met to discuss the possible annexation of the commercial parcel
to the west of the proposed site. We encourage the City of Palm Beach
Gardens to turn its attention toward more proactive planning for a sustainable
comprehensive plan and avoid piecemeal annexation.
If you have any questions, please contact Patricia Behn, Senior Planner, at
233-5332.
Lorenzo Aghemo
Planning Director
cc: The Honorable Karen T. Marcus, District 1 Commissioner Stephen Mayer, Sr. Planner, Palm Beach Gardens
Barbara Alterrnan Esq., PZ&B Executive Director Bruce Thomson, Principal Planner
Bob Banks, AICP, Asst. County Attorney Patricia Behn, Senior Planner
Verdenia Baker, Deputy County Administrator Nicole Delsoin, Planner 1
Ron Ferris, City Manager, Palm Beach Gardens
T:\planning\lntergovernmental\Annexations\2008 Fiscal Year\Letters\PBG-Northlake Blvd Shell Station-
ADr08.doc
CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY
Agenda Cover Memorandum
Meeting Date: July 1, 2008
Date Prepared: July 22,2008
Subject/Agenda Item:
CPSS-07-12-000002 SMALL-SCALE LAND-USE AMENDMENT FOR NORTHLAKE
SHELL
Public Hearing & Recommendation to City Council: A request by Dodi Buckmaster-Glas on
behalf of Domini Enterprises, Inc., for a small-scale land-use map amendment to change the
current land-use designation of a 0.71 -acre parcel from Palm Beach County Commercial Low
(CL-1) to Commercial (C). The subject parcel, known as Northlake Shell, is located at the
southwest corner of Northlake Boulevard and Military Trail.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Interim City Attorney:
Max Lohman
Development Compliance:
Bahareh K. Wolfs, AICP
Growth Mjmagement
Approved by:
City Manager
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Manager
Stephen Mayer
Sr. Planner
[ ] Quasi - Judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date: July 11, 2008
Paper: Palm Beach Post
[XI Required
[ 3 Not Required
Affected parties:
[X 3 Notified
[ ] Not Required
FIN AN C E:
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
BY
Tresha Thomas
Fees Paid: [ ]
Date:
Budget Acct.#:
NIA
PZAB Action:
[ 3 Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wt conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Ordinance 19,2008
0 Traffic Study
0 Due Diligence Report
0 Applicant’s statement
of interest
Water and Waste
Management service
letters
Date Prepared: July I, 2008
Meeting Date: July 22,2008
Petition: CPSS-07- 12-000002
BACKGROUND
The 0.71-acre site is located at 8961 Military Trail at the southwest corner of the intersection of
Northlake Boulevard and Military Trail. The subject site is within unincorporated Palm Beach
County and operates as a service station with a convenience store and auto repair.
The applicant’s request is to allow for the annexation of the property. On April 3, 2008, City
Council adopted Resolution 20, 2008 which allowed for the concurrent processing of a minor
conditional use, rezoning to PUD, voluntary annexation and a comprehensive plan amendment
for the subject site. The requests for annexation, comprehensive plan amendment, and a site plan
review with a minor conditional use to allow for a fast-food restaurant to be co-located within the
convenience store have been submitted under separate cover.
LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The applicant intends to annex the property and redevelop the property consistent with the
existing use. The site currently has a Palm Beach County zoning designation of Neighborhood
Commercial (CN) and a future land use designation of Commercial Low-1 (CL-1). The applicant
is requesting approval to rezone to a Planned Unit Development (PUD) Overlay/General
Commercial (CG- 1) underlying zoning district. The zoning and land-use designations of
adjacent properties are as follows:
ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS
Subject Property
Existing auto service station
Palm Beach County
Neighborhood commercial
(CN)
Commercial-Low
1 (CL-1)
General Commercial (CG- North
Sunny Plaza
City of Palm Beach Gardens
Commercial (C) 1)
South & West
Northlake Corporate Park
Palm Beach County
commercial Low-1 (CL-I)
East
Gardens Park Plaza
Palm Beach Gardens
Planned Unit
Development/General
Commercial (PUDKG- 1)
Commercial (C)
~ ~
Commercial (C)
Northlake Boulevard Overlay Zone (NBOZ)
0 It is important to note that the subject property is located within the Northlake Boulevard
Overlay Zone (NBOZ). The NBOZ was established to implement the objectives of the Northlake
Boulevard Corridor Conceptual Streetscape Plan. The NBOZ is a joint agreement between the
Date Prepared: July I, 2008
Meeting Date: July 22,2008
Petition: CPSS-07- 12-000002
City of Palm Beach Gardens, the Village of North Palm Beach, Town of Lake Park and Palm a
Beach County. This agreement was established to improve the corridor by unifying design and
development themes, improving signage along the corridor and redevelopment to improve the
area’s economic conditions.
The requested Commercial Future Land Use Map Designation is consistent with the adjacent
parcels and the proposed use is also complimentary with the adjacent uses and forms the proper
location of a commercial intersection.
COMPATIBILITY WITH THE VISION PLAN:
The City’s Vision Plan serves as a land-use guide for all land-use designation changes in the
City. The Vision Plan does not designate the subject site as the property is currently
unincorporated. The requested land-use change to Commercial (C) is compatible with the Vision
Plan designation because it allows for commercial uses at the intersection of two roadways that
are designated urban arterials in the Vision Plan. The Vision Plan directs commercial uses to
utilize arterials; therefore, it is consistent with the intent and objective of the Vision Plan.
CONSISTENCY WITH COMPREHENSIVE PLAN:
The proposed land-use amendment is consistent with many of the Goals, Objectives, and Policies
of various elements within the City’s adopted Comprehensive Plan. An example of some of the
goals, objectives and policies, which are consistent with and furthered by the proposed
amendment, are listed below.
Future Land- Use Element
Commercial (C): The C designation is intended to accommodate a wide range of retail and
general commercial uses. It is a site-specific designation that depicts existing commercial uses
and proposes future commercial areas at primary intersections. The specific regulations and uses
associated with development within the areas designated C will be determined during the zoning
of the properties. Commercial land use activities will be limited in intensity to a maximum lot
coverage of 35 percent of the site and a maximum building height of 50 feet. The land
development regulations may further restrict intensities.
Objective 1.1.1.: The City shall continue to maintain land development regulations to manage
future growth and development in a manner that provides needed facilities and services, protects
environmental resources, and discourages the proliferation of urban sprawl.
Policy 1.1.1.1.: The City shall continue to maintain land development regulations to ensure that
they contain specific and detailed provisions intended to implement the adopted Comprehensive
Plan, and which as a minimum:
a. Regulate the subdivision of land;
b.
C.
d.
e.
f.
g.
h.
i.
Date Prepared: July I, 2008
Meeting Date: July 22,2008
Petition: CPSS-07- 12-000002
Regulate the use of land and water consistent with this element and ensure the
compatibility of adjacent land uses and provide for open space;
Protect areas designated Conservation on the Future Land Use Map and hrther
described in the Conservation, Coastal Management, and Recreation and Open Space
Elements of this Comprehensive Plan;
Minimize the impacts of land use on water quality and quantity and regulate
development which has a potential to contaminate water, soil, or crops;
Regulate areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management consistent with the Infrastructure Element of this
Comprehensive Plan;
Protect potable water wellfields and aquifer recharge areas;
Regulate signage;
Ensure safe and convenient on-site traffic flow and vehicle parking needs;
Discourage urban sprawl through the following strategies:
Establishing moderate densities and varied housing opportunities in urban areas
Mixed-use and clustering requirements
Promoting urban infill development and redevelopment
Locational requirements
Establishing an urban growth boundary and distinct urban and rural service areas
Directing public investment to existing urban areas, and
Annexation and extraterritorial planning agreements.
Objective 1.1.4.: Development orders and permits for development and redevelopment
activities shall be issued only in areas where public facilities necessary to meet level of service
standards (which are adopted as part of the Capital Improvements Element of the Comprehensive
Plan) are available concurrent with the impacts of development.
Objective 1.1.7.: The City shall maintain land development regulations containing standards
and provisions which encourage the elimination or reduction of uses inconsistent with the City’s
character and future land uses.
The proposed land-use amendment from Palm Beach County Commercial Low (CL-1) to
Commercial (C) provides for consistency with existing infrastructure and services in the
City of Palm Beach Gardens. The property is located on a primary intersection and is
adjacent on all four sides with commercial property. The amendment provides an
equivalent land use category of the existing development, thereby providing minimal
impact of the land use on the existing environment.
Transportation
GOAL 2.1.: The transportation system in Palm Beach Gardens shall be convenient, safe, and
efficient for all persons living in and traveling through the City.
Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways.
Date Prepared: July I, 2008
Meeting Date: July 22,2008
Petition: CPSS-07- 12-000002
Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A and shall be 0
applicable to the urban and rural service areas. Level of service for FIHS roads will be measured
utilizing the FDOT Generalized Peak Hour Directional Volumes for Florida’s Urbanized Areas
(Table 2B), or FDOT Generalized two-way Peak Hour Volumes for Florida’s Urbanized Areas
(Table 2C), or utilizing the FDOT Florida Highway System Plan Level of Service Standards and
Guidelines Manual (FDOT Manual) and the 1994 Highway Capacity Manual (HCM) procedures
contained in the Special Report 209, 3”d Edition, 1994. Level of service for non-FIHS roads that
are part of the County thoroughfare system will be measured utilizing the volumes provided in
the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D), or
utilizing the methodologies provided in the TPSO. Level of service for city roads will be
measured utilizing the service volumes and capacities adopted in the City’s Traffic Performance
Standards Ordinance (Table 2E) or utilizing the FDOT Manual and 1994 HCM procedures.
The proposed amendment results in an increase in net new daily trips estimated by using
the most intense use of the parcel as provided in the City’s Land Development Regulations.
However, the increase in trips minimizes the impact of this parcel on the adopted level of
service standards of the affected roadways and does not significantly impact any segment
of the roadway network.
HISTORICAL AND ARCHEOLOGICAL RESOURCES:
0 No historical and/or archeological resources have been identified on site, according to the
applicant.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE:
The applicant has submitted Due Diligence Report, conducted by Groundwater and
Environmental Services, Inc. (GES) in order to assess the environmental risk as well as identify
any “recognized environmental conditions” in regard to the existing condition of the site. The
assessment revealed evidence of dissolved and absorbed phase hydrocarbons at levels above the
established FDEP guidance criteria. However, no new or previously undocumented conditions
have been observed on the site.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND-USE
DESIGNATION:
The maximum development potential that is allowed under the existing land-use designation of
Commercial Low is outlined in the table below. The analysis is based on the total acreage of the
site, (0.71 acres), various percentage maximums for land allocation and lot coverage and the
intensity limitation to .25 Floor Area Ratio in the County’s Comprehensive Plan.
Date Prepared: July I, 2008
Meeting Date: July 22, 2008
Petition: CPSS-07- 12-000002
Max.
Development
Potential
6,142 SF retail
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
Max. External Recreation Sanitary Potable Solid
Density/Intensity Trip Parks Sewer Water Waste
20% Land 524AADT N/A Adequate Adequate Adequate
allocation capacity capacity capacity
.20 FAR
DESIGNATION:
Max.
Development
Potential
10,754 SF
retail
The maximum development potential allowed under the proposed land-use designation of
Commercial (C) equates to .35 Floor Area Ratio of retail. The analysis is based on the total
acreage of the site (0.71 acres), various percentage maximums for land allocation and lot
coverage and the intensity limitations.
Max. External Recreation Sanitary Potable
Density/Intensity Trip /Parks Sewer Water
35% Land 893 AADT N/A Adequate Adequate
allocation capacity capacity
.35 FAR
POTENTIAL MAXIMUM IMPACTS OF PROPOSED LAND USE DESIGNATION
CHANGE:
+4,612 SF
retail
+.I5 FAR +369 AADT N/A None None None
Solid
Waste
Adequate
capacity
The trip generation analysis reflects that there will be a net INCREASE of 369 external trips,
however, the applicant has demonstrated that the proposed change in Future Land Use
designation from Palm Beach County Commercial Low (CL-1) to City of Palm Beach Gardens
Commercial (C) will not have a significant impact upon the roadway network. According to the
applicant’s traffic report, prepared by Pinder Troutman, the most significant impact is on the
Northlake Boulevard to the site segment of Military Trail. The potential impact to the segment
(348 AADT) represents 0.71 percent of the capacity at Level of Service D.
LEVEL OF SERVICE STANDARDS:
The petitioner’s analysis demonstrates that there will be no direct, adverse impacts on the
adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services,
and traffic.
Date Prepared: July I, 2008
Meeting Date: July 22,2008
Petition: CPSS-07-12-000002
- NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has
reviewed the proposed amendment and has raised no objections to date.
STAFF COMMENTS:
The proposed land-use map designation of Commercial (C) is compatible with the surrounding
land-uses of adjacent properties and with the City’s Vision Plan. The property is also suitable
for the proposed land-use change. The traffic analysis submitted by the applicant does not
reflect significant impacts that would result in lowering the adopted LOS of any affected
roadway segment.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed land-use amendment petition CPSS-07-12-000002
Date Prepared: November 20, 2006
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ORDINANCE 19, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR A SMALL SCALE
THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN
PROPERTY CONSISTING OF APPROXIMATELY 0.71 ACRES,
COMMONLY REFERRED TO AS “NORTHLAKE SHELL”,
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF NORTHLAKE BOULEVARD AND MILITARY
TRAIL, IN PALM BEACH COUNTY, FLORIDA, AS MORE
DESIGNATION FROM PALM BEACH COUNTY COMMERCIAL LOW
PROVIDING AN EFFECTIVE DATE.
LAND-USE MAP AMENDMENT TO THE COMPREHENSIVE PLAN OF
PARTICULARLY DESCRIBED HEREIN, TO CHANGE THE LAND-USE
(CL-I) TO COMMERCIAL (C) LAND-USE DESIGNATION; AND
WHEREAS, the City Council of the City of Palm Beach Gardens authorized the
staff to initiate comprehensive plan amendments necessary to effectuate the City’s
economic development goals and objectives; and
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Plan on January 4, 1990; and
WHEREAS, the City is proposing to modify the future land use designation from
its current Palm Beach County Commercial Low (CL-1) land use designation to City of
Palm Beach Gardens Commercial (C) land use designation of a 0.71-acre parcel
known as ‘Northlake Shell’ generally located at the southwest corner of the intersection
of Northlake Boulevard and Military Trail; and
WHEREAS, the Planning, and Zoning and Appeals Board, as the duly
constituted Local Planning Agency for the City, conducted the required public hearing
on July 22, 2008 after due notice and has made its recommendations to the City
Council; and
WHEREAS, the City Council finds that the subject amendment is consistent with
Sections 163.3184 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81 , Florida Statutes; and
Date Prepared: July 2, 2008
Ordinance 19, 2008
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WHEREAS, after due notice and public hearing, the City Council of the City of
Palm Beach Gardens deems it in the best interest of the present and future residents of
the City of Palm Beach Gardens that the proposed Comprehensive Plan Amendment
be transmitted to the appropriate public agencies.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of
Palm Beach Gardens is hereby amended to change the future land-use designation for
the following described 0.71 -acre property, generally located at the southwest corner of
the intersection of Northlake Boulevard and Military Trail, from a Palm Beach County
Commercial Low (C-I) land-use designation to a City of Palm Beach Gardens
Commercial (C) land-use designation:
LEGAL DESCRIPTION:
A PORTION OF THE NORTHWEST % OF SECTION 24, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NOTHWEST ‘/4 OF SAID
SECTION 24; THENCE RUN SOUTH 01’09’31” WEST ALONG THE EAST LINE OF
THE NORTHWEST ‘/4 OF SAID SECTION 24 FOR A DISTANCE OF 100.00 FEET TO
A POINT; THENCE RUN NORTH 88’33’46” WEST ALONG A LINE 100.000 FEET
SOUTH OF AN PARALLEL WITH THE NORTH LINE OF SAID SECTION 24 FOR A
DISTANCE OF 82.23 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH
43’50’36” EAST FOR A DISTANCE OF 21.07 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEASTl THE CENTER OF WHICH BEARS SOUTH
89’06’25” EAST FROM SAID POINT; THENCE RUN SOUTHERLY ALONG THE ARC
MILITARY TRAIL (STATE ROAD NO. 809); HAVING A RADIUS OF 7699.44 FEET,
THROUGH A CENTRAL ANGLE OF 00’37’23” FOR AN ARC DISTANCE OF 83.73
FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH 00’16’12” WEST ALONG
809) FOR A DISTANCE OF 86.48 FEET TO A POINT; THENCE RUN NORTH
88’33’46” WEST FOR A DISTANCE OF 131.75 FEET TO A POINT; THENCE RUN
NORTH 01’09’14” EAST FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE
RUN NORTH 46’41’30” WEST FOR A DISTANCE OF 58.15 FEET TO A POINT;
THENCE RUN NORTH 01’09’31” EAST FOR A DISTANCE OF 136.19 FEET TO A
809A); THENCE RUN SOUTH 88’33’46” EAST FOR A DISTANCE OF 157.77 FEET
TO THE POINT OF BEGINNING.
OF SAID CURVE, SAID CURVE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF
THE WEST RIGHT-OF-WAY LINE OF SAID MILITARY TRAIL (STATE ROAD NO.
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAKE PARK ROAD (STATE ROAD
2
Date Prepared: July 2, 2008
Ordinance 19, 2008
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ADDRESS: 8961 NORTH MILITARY TRAIL
SECTION 3. The City’s Growth Management Administrator is hereby directed to
ensure that this Ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies in accordance with Section
163.31 87(l)(c)2.b., Florida Statutes.
SECTION 4. This amendment shall become effective thirty-one days after
adoption. If this amendment is challenged within thirty days after adoption, it shall not
become effective until the state land planning agency or the Administration
Commission, respectively, issues a final order determining the adopted small scale
development amendment is in compliance.
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Date Prepared: July 2, 2008
Ordinance 19, 2008
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PASS E D this day of , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon 0
second and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph Russo, Councilmember
Jody Barnett, Councilmember
Robert Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL S U FFlC I E NCY
BY:
Max Lohman, City Attorney
4
NORTHLBKE SHELL STBTION
COMPREHENSIVE PLBN ISMENDMENT
TRtiNSPORTflTION ISNfiLYSIS
?reparQd for
DONNlNl ENTERPRISES
PINDER TROUTMClN CONSULTING, INC.
5 1 14 OkoQchobQe Boul~vard, SuitQ 2 10
West Palm Beach, FL 3341 7
(561) 296-9698
#PTCO 7-070
flpril 4, 2008
RQvisQd June 19, 2008
NORTHLAKE SHELL STATION
COMPREHENSIVE PIAN AMENDMENT
TRANSPORTATION ANALYSIS
1 NTRODUCTION
It is proposed to change the Future Land Use designation from Commercial Low (CL) in unincorporated
Palm Beach County to a City Commercial (C) and annex the property into the City of Palm Beach
Gardens. The 0.705 acre site is located on the southwest quadrant of Northlake Boulevard and Military
Trail, as shown on Exhibit 1. Access to the site will be via one (1) driveway connection to Northlake
Boulevard and one (1) driveway connection to Military Trail.
The purpose of this analysis is to determine if the proposed land use designation is consistent with the
Transportation Element of the City of Palm Beach Gardens Comprehensive Plan. The Comprehensive
Plan requires an analysis of existing traffic conditions, traffic conditions in five (5) years, and Year 2025
conditions.
SITE DATA
The Palm Beach County and City of West Palm Beach Comprehensive Plans assign a maximum intensity
to each of the Commercial land use designations. The maximum intensity for the existing land use
designation is compared to the maximurn intensity associated with the proposed future land use
designation. The land use scenarios are as follows:
Corn mercial
Comp Plan 07-070 6- 19-08
Existing Land Use Designation
Commercial Low (CL)
Maximum FAR 0.20
6,142 SF Retail
Proposed Land Use Designation
City Commercial (Cy
Maximum FAR 0.35
10,754 SF Retail
1
TRANS PO RTATION ELEM ENT
Trip Generation
Article 13 of the Palm Beach County Unified Land Development Code, Impact Fees, was the sole source
of daily trip generation data utilized in this study. Daily trips generated by the existingdesignation as well
as daily trips generated by the proposed land use designation are shown on Exhibit 2A for the maximum
intensity. A comparison of the existing and proposed development scenarios is provided on Exhibit 2B.
Based on the maximum net daily trip generation of 81 8, one (1) mile radius is required to be analyzed.
The Institute of Transportation Engineers (ITE), Trip Generation, 7th Edition was utilized as the source for
peak hour trip generation rates. Exhibits 2C provides the AM and PM peak hour trip generation data for
the proposed future land use maximum intensity.
Trip Distribution and Assignment
In order to determine the impact of the proposed development’s traffic on the surrounding roadway
network, a directional distribution was developed based upon estimated area travel patterns to be used in
assigning traffic volumes associated with the project. Exhibit 3A provides the distribution based on the
commercial land use designation. Exhibit 3B provides the net daily trip assignments for the maximum
intensity. MPO 2025 Volumes are provided in Appendix A. No links within the radius of project
influence are significantly impacted.
Existing Traffic Conditions
Existing (2007) 24 hour peak season daily traffic volumes provided by the Palm Beach County Traffic
Division were reviewed. Existing plus proposed project daily traffic volumes and levels of service are
shown on Exhibit 4 for the roadway links within the radius of development influence for the maximum
intensity. Northlake Boulevard east of 1-95 is the only link within the radius of development influence
that is not projected to meet adopted standards. This link is not significantly impacted by the project.
Traffic count data is provided in Appendix B.
Comp Plan 07-070 6-19-00 2
Roadway Improvements
The FY 2008-201 2 Transportation Improvement Program from the MPO of Palm Beach County and the
Palm Beach County Five Year Road Program were reviewed to determine if any roadways within the
study area are scheduled to be improved. No roadways are scheduled for construction.
Test 2 (Five Year Analysis)
This test examines traffic conditions at the end of the fifth year of the FDOT Five Year Transportation
Improvement Program. The Test 2 radius of development influence is one (1) mile, based on the new
peak hour trip generation of 79 PM peak hour trips for the maximum intensity. A lest 2 analysis is
required for any roadway link within the radius of development influence where the project impact is
greater than 3% of LOS E and outside the radius where the project impact is greater than 5% of LOS E.
As shown on Exhibit 5, no roadway links are projected to be impacted. Therefore, the Test 2
requirements are met.
Year 2025 Analysis
Exhibit 38 shows the Year 2025 traffic conditions with the proposed comprehensive plan amendment.
Year 2025 net project traffic is total external traffic, generated by the development, less traffic generated
by the existing development. This analysis is more conservative than examination of the retail intensities
because the net daily trips are greater. For the Year 2025 analysis, roadway lanes and traffic volumes
were obtained from the Metropolitan Planning Organization (MPO) staff and are provided in Appendix A.
FDOT Peak season factors are also provided in Appendix A. No roadway links are significantly impacted.
CONCLUSIONS
This analysis shows that the proposed land use designation is consistent with the Transportation Element
of the Comprehensive Plan.
Comp Plan 07-070 6- 19-08 3
EXHIBITS
0 0
SITE/
BURNS ROAD
HOLLY DRIVE
JORTHLAKE BLVD!
4
N.T.S.
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4-3-08
07-070
EXHIBIT 1
PROJECT LOCATION
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PROJECT TRAFFIC DISTRIBUTION
25%
20% 7
25% \ / SITE/
15%
BURNS ROAD
HOLLY DRIVE
', 35%
\40%
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APPENDIX A
Page 1 of 1
Jay Osowiecki
From: Paul Larsen [plarsen@co.palm-beach.fl.us]
. ........ ... .... .... .. . ............. .... ... - .- -. __ - - - - - - _. __ - - __ __ .... .... . ......
Sent: Tuesday, September 18, 2007 9:21 AM
.To: Jay Osowiecki
Subject: Re: 2025 count locations
09/18/2007
Jay,
Please pass this request for volumes on as needed. Our Fax is broken.
Request for 2025 Volume Estimates Northlake Blvd and Military Trl from Andrea M. Troutman, P.E.
Northlake Blvd west of Military 53.0
east of Military 58.0
east of 1-95 49.0
Military Trl north of Northlake 49.0
south of Northlake 31.0
07-070
....... -. ........ . __
Paul Larsen, Planner II
Palm Beach Metropolitan
Planning Organization
2300 North Jog Road, 4th Floor
West Palm Beach, FL 3341 1-2749
Ph 561-684-4170
APPENDIX B
0'
Prepared by:
GROUNDWATER & ENVIRONMENTAL SERVICES, INC.
6500 Northwest 12"' Avenue, Suite 109
Fort Lauderdale, Florida 33309
June 2007
Due Diligence Report
SAP#l36576
FDEP ID #50/8514490
8961 Military Trail
Lake Park, West Palm Beach County, Florida
Prepared for:
Motiva Enterprises, LLC
Shell Oil Products US
7765 Lake Worth Road #3 19
Lake Worth, Florida 33467
,
i
DUE DILLIGENCE REPORT
SHELL SERVICE STATION
SAP NO. 136576
8961 Military Trail
Lake Park, Palm Beach County, Florida
Prepared for:
Motiva Enterprises, LLC
Shell Oil Products US
7765 Lake Worth Road #3 19
Lake Worth, Florida 33467
June 2007
Prepared by:
Groundwater & Environmental Services, Inc.
6500 Northwest 12"' Avenue, Suite 109
Fort Lauderdale, Florida
(954) 565-7650 Phone
(954) 565-7629 Fax
TABLE OF CONTENTS
PAGE
SECTION 1 INTRODUCTION .................................................................................................. 1
1 . 1 General ..................................................................................................................... 1
1.2 Purpose ..................................................................................................................... 1
1 . 3 Limitations and Exceptions of Assessment ............................................................. 1
I . 4 Limiting Conditions and Methodology Used .......................................................... 2
SECTION 2 SITE DESCRIF'TION ............................................................................................ 3
SECTION
5.1
5.2
5.3
5.4
5.5
5
SECTION 7
SITE INVESTIGATION ....................................................................................... 10
Objective .................................................................................................................. 10
Quality Assurance .................................................................................................... 10
Soil Assessment ....................................................................................................... 10
Groundwater Quality Assessment ............................................................................ 11
Groundwater Flow ................................................................................................... 11
SUMMARY OF FINDINGS AND CONCLUSIONS ......................................... 13
Summaiy of Findings ............................................................................................... 13
Conclusions .............................................................................................................. 14
REFERENCES ....................................................................................................... 15
0
2.1 Site and Vicinity Characteristics ............................................................................. 3
2.1 .I Area Physiology (Brooks, 1981) ................................................................. 3
2.1 . 2 Area Geology and Hydrogeology ............................................................... 3
2.2 Site Description ........................................................................................................ 4
2.3 Adjoining Properties and Sensitive Receptors ........................................................ 5
SECTION 3 FuxoRDs REVIEW .......................................................................................... 6
Standard Environmental Records Sources ............................................................... 6
Aerial Photograph Review ....................................................................................... 6
State Cleanup Program Status .................................................................................. 7
,3.1
3.2
3.3
SECTION 4 SITE INSPECTION ............................................................................................... 8
4 . 1
4.2
4.3
4.4
Storage Tanks ........................................................................................................... 8
TransformerslSolid Waste Disposal ........................................................................ 8
Waste Water/Storm Water ....................................................................................... 8
Potable Water Supply .............................................................................................. 9
SECTION 6
6 .I
6.2
0
1 APPENDICES
' j APPENDIXA FIGURES
I
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Figure 6
Figure 7
Figure 8
Figure 9
Project Location Map (USGS, Riviera Beach, Florida Quadrangle)
Adjacent Area Land Use Map
Site Layout Map
OVA Results Map - May 17,2007
Soil Analytical Results Map (BTEX/MTBE/TBA) - May 17,2007
Soil Analytical Results Map (PAH/TRPH) - May 17,2007
Groundwater Quality (BTEX/MTBE/TBA) - May 7 & 25,2007
Groundwater Quality (PAH/TRPH) -May 7 & 25,2007
Groundwater Contour Map -May 7,2007
-
APPENDIX B TABLES
Table 1 Soil Screening Summary
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7 Groundwater Elevation Summary 1
1
Soil Sample Analytical Summary (BTEX/MTBE/ TRPWTBA)
Soil Sample Analytical Summary (PAH compounds)
Groundwater Analytical Summary (BTEX/MTBE/ TRPWTBA)
Groundwater Analytical Summary (PAH compounds)
Historical Groundwater Quality Summary
APPENDIX C STORAGE TANK / WELLFIELD INFORMATION /
CORRESPONDENCE
FDEP, Bureau of Petroleum Storage Systems, Storage Tank Facility Query Form
Palm Beach County Wellfield Map
APPENDIX D
APPENDIX E REGULATORY FILE REVIEW
EDR RADIUS MAP WITH GEOCHECK REPORT
APPENDIX F LABORATORY ANALYTICAL REPORTS AND GROUNDWATER
SAMPLING LOGS
SECTION 1
INTRODUCTION
1.1 General
Groundwater and Environmental Services, Inc. (GES), was contracted by Shell Oil Products US
(SOPUS) to conduct a Due Diligence Assessment at the Shell Service Station located at 8961 Military
Trail, Lake Park, Palm Beach County, Florida. The facility is identified by the Florida Department of
Environmental Protection (FDEP) as Facility ID # 50185 14490 and is referred to as being located in Lake
Park, Florida on the FDEP databases.
Pertinent “Figures” for this report are presented in Appendix A. “Tables” are contained in Appendix B.
The FDEP, Florida Cleanup Eligibility Summary and Bureau of Petroleum Storage Systems (BPSS),
Storage Tank Facility Query (Facility Name and Address Search) Report, and various Wellfield
information data are located in Appendix C. The Environmental Data Resources, Inc. (EDR) Radius
Map with Geocheck Report is located in Appendix D. Soil and groundwater analytical reports and field
sampling logs are included in Appendix E.
1.2 Purpose
The purpose of the first phase of the assessment was to assess the limited environmental risk and liability
associated with an automotive retail fueling facility as well as identify any additional “recognized
environmental conditions”, specifically, the presence or likely presence of media impacted by hazardous
substances or petroleum products. Hazardous substances include the range of contaminants within the
scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).
AdditionalJy, the potential for any off-site hazardous substance or petroleum product contamination to
impact the subject property was investigated.
The purpose of the second phase of the assessment was to investigate the potential for soil and/or
groundwater impact related to the fueling operations of the facility and to further assess the impact any
identified substances may have had on the environment.
1.3 Limitations and Exceptions of Assessment
GES performed the Due Diligence Assessment for the 8961 Military Trail, Lake Park Sliell facility
location in general conformance with the scope and limitations of ASTM E 1527-05 “Standard Practice
for Environmental Site Assessments” and guidelines provided by SOPUS. Exceptions to or deletions
from this practice are described within the Introduction or respective sections of this report.
1
Although this assessment was conducted in general accordance with the ASTM standard and industry
accepted practices, no implicit or explicit warranty can be given such that the services rendered will
eliminate all violations or potential violations of federal, state or local laws, regulations or ordinances
that pertain to or potentially pertain to environmental concerns. This Due Diligence Assessment report is
for the explicit use of SOPUS.
0
~
~
The scope of this assessment did not include, however is not limited to, the following: exceptions: a
review of historical land use practices including: 50-year chain of title search; sanborn fire insurance map
and city directory review. Additionally, the following non-scope (ASTM E 1 527-05) considerations
were not investigated as part of this assessment: asbestos-containing material; solvents, radon; lead-based
paint; and lead in drinking water.
I
1.4 Limiting Conditions and Methodology Used
A description of the methodology used for the assessment is as follows:
A review of current activities/land use on the property and on adjacent properties.
A review of Federal, State and County environmental databases and/or available files.
A review of readily available aerial photographs.
Research of applicable regulatory agency enforcement actions taken against the property and/or
adjacent properties.
A property inspection to observe any potential signs of “recognized environmental conditions” and
general topography and surficial geology.
Utilization of existing monitoring wells and monitoring well installations for current groundwater
quality assessment in the vicinity of the dispenser islands and USTs.
Soil quality assessment in the vicinity of the dispenser islands and USTs.
Preparation of Due Diligence Report detailing the results and a discussion of any “recognized
environmental conditions”.
2
SECTION 2
SITE DESCRIPTION
2.1 Site and Vicinity Characteristics
The subject property is located at 8961 Military Trail, Lake Park, Palm Beach County, Florida, southwest
corner of the intersection at Northlake Boulevard and Military Trail. The site is located within Section
24, Township 4 I South and Range 42 East on a portion of the USGS, Riviera Beach, Florida, 7.5 minute
series, topographic quadrangle map, which is included as Figure 1, Appendix A.
Land use in the vicinity of the subject property is primarily commercial with residential property located
approximately 0.1 miles to the west of the site. Adjacent land use in the vicinity of the site is illustrated
on Figure 2, Appendix A.
The approximate latitude and longitude for the property as identified on the FDEP, Bureau of Petroleum
Storage Systems (BPSS), Storage Tank Facility Query (Facility Name and Address Search) Report is:
26:48:30.538 1 North Latitude and 80:06:24.1698 West Longitude. A copy of the FDEP BPSS Storage
Tank Facility Query Report is provided in Appendix C. Additional site and vicinity information is
presented in later sections of this report.
2.1.1 Area Physiography (Brooks, 1981)
The site is located on the Green Acres Sand Prairie, a subdivision of the Southern Atlantic Coastal
Strip Section of the Gold Coast-Florida Bay District (Brooks, 1981). The district comprises the
southeast portion of the Florida Section of the Atlantic Coastal Plain Province. The district is the area
of south and southeastward sluggish drainage from Lake Okeechobee, i.e. the Everglades. The
Southern Atlantic Coastal Strip: A broad ridge underlain by sand and shelly sand that probably
originated as a shoal. Very gentle slopes exist on the westward side. The eastern side is more
complex having been subsequently modified by marine processes. The southern portion originated as
an oolitic shoal. The Green Acres Sand Prairie: A gentle sloping plain with pine flatwoods and wet
prairie. The elevations are generally less than 20 feet. (Brooks, 1981). Urban development has
significantly altered the original physiographic and geomorphic features in the vicinity of the site.
The subject property is approximately 15 feet above National Geodetic Vertical Datum (NGVD)
according to the USGS, Delray Beach, Florida Quadrangle (1 986).
2.1.2 Area Geology and Hydrogeology
The surficial aquifer system is the major source of freshwater in Palm Beach County. The unconfined
aquifer is classified as a GI1 aquifer and is composed of sand, sandstone, shell, silt, calcareous clay
(marl), and limestone. The sediments were deposited during the Pleistocene and Pliocene Epochs.
Formations of the aquifer include the Pamlico Sand, the Fort Thompson Group, the Anastasia, and the
Caloosahatchee Marl. The upper part of the Tamiami Formation is also included in the aquifer (Rodis
and Land, 1976).
Several miles inland from the coast, the aquifer is composed of appreciably more permeable sediments
than the sediments to the east or west. The most permeable zone of the aquifer is a cavity-riddled zone
where the calcitic-cementing materials have been removed from the sediments (Miller, 1987). The
cavity-riddled zone has a hydraulic conductivity of 60 to 130 ft/day. This zone is present ,from
approximately 45 to 60 feet below land surface (BLS) in the vicinity of the site. The average liydraulic
conductivity for the sediments in the vicinity of the site has been documented to range from I to 60
ft/day (Scott, 1977).
The shallow aquifer is underlain by discontinuous zones of less permeable limestones and shell. In the
vicinity of the site, this zone is present at approximately 160 feet BLS (Rodis and Land, 1976; Scott,
1977). Underneath this zone, the green clay of the Hawthorn Group forms the main confining unit that
separates the shallow aquifer from the deeper Floridan aquifer. Information on ,the lithology and
hydraulic conductivity value for the first confining bed has been documented in several publications
(Rodis and Land, 1976; Scott, 1977). The total depth of the surficial aquifer in the vicinity of the site is
approximately 300 feet (Miller, 1987).
The regional groundwater flow direction is generally to the southeast (Rodis and Land, 1976). This
regional flow pattern is locally distorted due to baseflow to and from surface water bodies and
topography.
2.2 Site Description
The subject property, an active Shell branded service station, is currently developed with a one-story
building station building as depicted on Figure 3, Appendix A. Access to the property is via Northlake
Boulevard to the north and Military Trail to the east. Refer to Figure 3, Appendix A for additional site
features. The underground storage tank (UST) area is located on the southern portion of the subject
facility. Additional UST information is provided in Section 4.1 of this report
2.3 Adioinin~ Properties and Sensitive Receptors
The subject property lies on the southwest corner of the intersection of Northlake Boulevard and Military
Trail. The surrounding area to the north, south and east is primarily utilized for commercial purposes
and residential to the west. Refer to the Adjacent Land Use Map depicting the current land use in the
area for additional detail (Figure 2, Appendix A).
4
I
I According to the most recent wellfield protection map prepared by the Palm Beach County Department 0 of Environmental Resources Management (May 16, 2006), the site is within Wellfield protection zone 4,
with production wells located approximately one mile to the north and to the east of the site. A copy of
the Palm Beach County Department of Environmental Resources Management wellfield protection map
is included in Appendix C.
,
I
1
5
SECTION 3
RECORDS REVIEW
3.1 Standard Environmental Records Sources
Federal, state and local databases were searched to identify potential sources of hazardous substance and
petroleum contamination up to a radius of one mile from tlie subject property dependent on the ASTM
requirement for the specific database of concern. The database search was performed by Environmental
Data Resources, Inc. (EDR) and is attached as Appendix D.
The EDR database search identified the following potential sites of concern located within 1/2 mile of
the subject facility:
Amoco Station # 7027 - located approximately 26lfeet northeast on Northlake Blvd.
Hess Northlake - located approximately 351 feet north on Military Trail.
Snow White Cleaners - located approximately 476 feet south on Military Trail.
AAA Auto Club - located approximately 734 feet north on Military Trail.
Dryclean USA - located approximately 1040 feet east on Northlake Blvd.
Mobil # 12457 - located approximately 1734 feet east on Northlake Blvd.
Citgo-Gardens - located approximately 2222 feet east on Northlake Blvd.
Based on the results of the groundwater and soil investigation, discussed in Section 5 of this report, and
distance from the site, the potential offsite sources of environmental concern do not appear to impact the
subject property. For additional details of the various sites identified by the database search refer to the
EDR report in Appendix D.
3.2 Aerial Photograph Review
Aerial photographs from 1953, 1968, and 1991 were reviewed by GES personnel to determine former
land use patterns and land improvements on tlie subject property. Pertinent observations from selected
aerial photographs are summarized below. Residential
development is noted to the northeast of the site while no apparent structures or development was
apparent on the site through 1968. The site appears as it is today in the 1991 photograph. No obvious
environmental concerns are evident based on the aerial photograph review. Aerial photographs from
1953 to 1991 that were reviewed as part of this report are attached as EDR Aerial Photo Decade Package
and included in Appendix D.
The entire area was undeveloped in 1953.
6
I 3.3 State Cleanup Program Status
According to the FDEP's Florida Cleanup Program Eligibility Summary sheet, contained in Appendix C,
two discharges have been reported at the subject facility. The first on January 6, 1994 and the second on
July 22, 1996. According to the FDEP database, both discharges are eligible for State Administered
Cleanup under the Florida Petroleum Liability Restoration and Insurance Program (PLIRP).
State funding is currently allocated only for those sites with a priority score of 37 or above, therefore
State cleanup funding and ongoing assessment and/or remedial activities at the subject site are currently
suspended due to the priority score of 30 assigned to the facility. For additional details, refer to the
FDEP's Florida Cleanup Program Eligibility Summary sheet contained in Appendix C.
I'
7
SECTION 4
SITE INSPECTION
On February 14, 2007 GES personnel performed a site reconnaissance at the subject property focusing on
any visible signs of “recognized environmental conditions.” The results of the reconnaissance inspection
are discussed below.
4.1 Storage Tanks
Figure 3, Appendix A illustrates the layout of the subject property and the UST area location in the
southern portion of property. According to the FDEP UST Facility Registration form and the FDEP
BPSS Storage Tank Facility Query Report (provided in Appendix C), the following tanks are present at
the facility:
* One 10,000 gallon unleaded gasoline, single walled fiberglass UST, installed on April 1, 1972.
One 8,000 gallon unleaded gasoline, single walled fiberglass UST, installed on April 1, 1972.
One 6,000 gallon unleaded gasoline, single walled fiberglass UST, installed on April 1, 1972
One 500 gallon above ground used oil above ground tank (AST), installed on June 1, 1998.
Most of the surface of the site is paved with asphalt or concrete including the dispenser and UST areas.
The site includes four pump islands, with four multi-product dispensers, and a station building. The
dispensers are covered by a single canopy.
4.2 Transformers/Solid Waste Disposal
No transformers were identified on the property.
northwest corner of property.
A municipal garbage dumpster is located in the
4.3 Waste Water/Storm Water
The site is subtly sloped so as to direct surface water runoff towards the storm drains located on the
northwest and northeast portions of the property and the traffic outlets along Northlake Boulevard to the
north and Military Trail to the east as depicted on Figure 3, Appendix A. Surface water infiltration is
prevented over the majority of the site by concrete or asphalt.
8
I
4.4 Potable Water Supply
According to the most recent wellfield protection map prepared by the Palm Beach County Department
of Environmental Resources Management (May 16,2006), the site is within Wellfield Protection Zone 4.
Wellfield Protection Zone 4, the least restrictive of four wellfield protection zone, in this area combines
several municipal wellfields as illustrated on the May 16, 2006 Palm Beach County North County
Wellfield Map contained in Appendix C.
I
Additionally, according to the EDR Report and water use permits on file with the South Florida Water
Management District (SFWMD), several existing and proposed irrigation wells are located within one-
quarter mile of the site, however no known potable wells were located within one quarter mile of the
site.. Potable water in the vicinity of the site is furnished from municipal supplies. Refer to Appendix C
for additional Wellfield proximity details.
I
I
9
SECTION 5
SOIL AND GROUNDWATER INVESTIGATION
5.1 Obiective
The purpose of the investigation was to determine the general magnitude and extent of petroleum related
groundwater and soil impact at the subject property.
5.2 Quality Assurance
All field activities were conducted in general accordance with Chapter 62-770, Florida Administrative
Code (FAC) and FDEP recommended procedures. Groundwater and soil sample analyses were
performed by Xenco Laboratories (FDOH Laboratory Certification # E86678) of Miami, Florida.
5.3 Soil Assessment
On May 17, 2007, seven (7) soil borings were advanced and designated as SB-I, SB-2, SB-3, SB-4, MW-
A, MW-B and MW-C. The soil borings were advanced to an approximate depth of eight-feet below land
surface (BLS) with a post-hole diggedhand auger and split spoon at the locations illustrated on Figures4,
5 and 6, Appendix A.
The depth to water at the time of the assessment was approximately 7.5 to 8.5 feet BLS. A brief
description of the lithology encountered during the soil assessment is as follows:
0 - 2 feet BLS Light brown and white fine to medium grain sand.
___- 2 - 4 feet BLS Light brown and white fine to medium grain sand.
4 - 6 feet BLS Light brown fine to medium grain sand.
6 - 8 feet BLS Light and dark brown fine to medium grain sand.
Soil samples were collected at two-foot depth intervals to eight feet BLS in each of the soil boring and
monitoring well locations. Soil sample organic vapor headspace analysis was conducted a utilizing
Photo-Ionization Detector (PID).
The results of the field organic vapor analyzer (OVA) headspace screening conducted at each soil boring
location ranged from below the detection limit of the instrument to >10,000 parts per million (ppm).
OVA headspace results with respect to the sample locations are illustrated on Figure 4, Appendix A.
Refer to Table 1, Appendix B, for a suminary of the soil sample organic vapor field screening analyses.
10
0 Additionally, soil samples from the SB-1 through SB-4 and MW-A through MW-C locations ;were
collected for laboratory analysis by EPA Methods 8260B for benzene, toluene, ethylbenzene, xylenes,
methyl tert-butyl ether, and oxygenates (BTEX/MTBE/oxygenates), EPA Method 8270 for polycyclic
aromatics hydrocarbons (PAHs), and for total recoverable petroleum hydrocarbons (TRPH) by the FL-
PRO method.
Soil sample collected from SB-4 (4-6’) indicated adsorbed phase hydrocarbon concentrations above the
benzene leachability based on groundwater criteria established in Chapter 62-777 FAC, Table 11 Soil
Cleanup Target Levels (SCTLs). All other soil analytical results were within appropriate compound
specific SCTLs. Soil analytical maps are illustrated on Figures 5 and 6, Appendix A. Tables 2 and 3,
Appendix B also summarize the soil analytical results. Laboratory analytical reports are included in
Appendix E.
After collecting soil samples at the locations designated MW-A, MW-B and MW-C the borings at these
three locations were further advanced to a depth of 15’ below grade for installation of groundwater
monitoring wells. The wells were installed by Enviro-Drill under supervision of GES personnel. The
wells were installed by the hollow stem auger using a truck mounted rotary drilling rig. The three
monitoring wells were advanced to a depth of 15 feet below land surface. The inner casing for each well
is constructed of 2-inch diameter Schedule 40 PVC with 10-feet of 0.01 0-inch slotted screen and 5 feet of
solid riser. The borehole annular space was backfilled with 6/20 grade silica sand to approximately 2
feet above the screened interval and overlain with a layer of 30/65 grade fine sand. The remainder of the
annular space was backfilled with a Portland cemendbentonite grout mixture to the near surface. The
wells were fitted with expandable collar, water tight, locking cap and developed for sampling.
I
0
5.4 Groundwater Quality Assessment
Groundwater samples were collected from existing monitoring wells MW-I through MW-IO, DW-I 1,
VMW-I, on May 7, 2007 and the new wells installed for this assessment, MW-A through MW-C, on
May 25, 2007. The groundwater samples were collected for laboratory analysis in accordance with EPA
Test Methods 8260B for BTEX/MTBE/Oxygenates, EPA Method 8270 for PAHs, and for TRPH by the
FL-PRO method.
The laboratory results indicated dissolved phase hydrocarbon concentrations above the Groundwater
Cleanup Target Levels (GCTLs), as per Chapter 62-777, FAC, Table I in groundwater samples collected
from monitoring wells 1 through 8 and MW-A. A summary of the current BTEX/MTBE/Oxygenates and
PAH/TWH analytical results are illustrated on Figures 7 and 8, Appendix A, respectively. The results
from the current groundwater sampling events are also summarized on Table 4 0
11
I I (BTEX/MTBE/TRPH/TBA) and Table 5 (PAHs), Appendix B. Historical groundwater sampling results
from previously conducted sampling events are summarized on Table 6, Appendix B. The concentrations
I
I identified currently (Tables 4 and 5) appear consistent with the overall historical data (Table 6). !
A copy of the laboratory analytical report, sample chain of custody form and Groundwater Sampling
Logs are provided in Appendix E. .I
5.5 Groundwater Flow
Depths to water (DTW) measurements were gauged within site monitoring wells with a water level meter
on May 7, 2007. Top of casing (TOC) elevations, depth to water measurements and water table
elevations are presented in Table 6, Appendix B. Figure 9, Appendix A illustrates the inferred water
table elevation contours at the site. Based on data, the interpreted groundwater flow direction was
variable throughout the site as illustrated on Figure 9, Appendix A.
,
12
SECTION 6
SUMMARY OF FINDINGS AND CONCLUSION
GES was contracted by Motiva Enterprises, LLC to conduct a Due Diligence Assessment at the Shell
Station located at 8961 Military Trail in the city of Lake Park, Palm Beach County, Florida. The purpose
of this assessment was to identify any “recognized environmental conditions”, specifically, the presence
or likely presence of hazardous substances or petroleum products or media contaminated by such
compounds and to determine whether further assessment is warranted. Federal and State databases were
searched to identify potential sources of contamination both onsite and offsite. A summary of findings is
provided below.
6.1 Summary of Findings
0
0
0
0
0
0
0
0
0
0
The subject site is an active retail automotive fueling facility and is identified by FDEP Facility ID
50/8514490.
The underground storage tank (UST) system consists of one 10,000 gallon unleaded gasoline UST,
one 8,000 gallon unleaded gasoline UST, 6,000 gallon unleaded gasoline UST, one 500 gallon waste
oil AST and four multi-product fuel dispensers,
Land use in the vicinity of the subject facility is primarily commercial and residential.
The site is located within wellfield protection zone 4, with production wells approximately 1 mile to
the north and east. Potable water in the vicinity of the site is furnished by municipal supplies.
There are no known public supply wells or private potable wells within a quarter mile radius of the
site.
Two discharges have previously been reported at the site, both of which are eligible for State funded
cleanup. However, with the site having an assigned priority score of 30 and with only sites scored
37 or higher currently funded, ongoing State funded assessment and/or remedial activities at the
subject site are currently suspended
Soil organic vapor field screening was conducted on May 17, 2007. Headspace readings were
observed from the sample locations ranging from 0 -to >10,000.
Soil samples were collected from the seven (7) soil borings for laboratory analysis. Adsorbed phase
hydrocarbons were identified above the SCTLs established in Chapter 62-777 FAC, Table I1 for
SB-4. All other soil analytical results were within appropriate guidelines.
On May 7, 2007 and May 25, 2007 all accessible site monitoring wells were sampled for
BTEX/MTBE/TBA, PAH and TRPH. The laboratory results indicated that dissolved phase
hydrocarbon concentrations, above the Groundwater Cleanup Target Levels (GCTLs), are present at
the facility.
DTW measurements collected on May 7, 2007 ranged from 7.3 1 feet to 8.46 feet BLS and averaged
7.76 feet BLS. Interpreted water table elevation data indicates that the apparent groundwater flow
direction was variable throughout the site.
13
6.2 Conclusions
The Due Diligence Assessment performed by GES at the subject property has revealed evidence of
“recognized environmental conditions” in connection with the property including the presence of
dissolved and adsorbed phase hydrocarbons above established FDEP guidance criteria. No new or
previously undocumented conditions were observed at the facility during the investigation. Currently,
two eligible discharges remain open with the FDEP.
14
SECTION 7
REFERENCES
Brooks, H.K. 1981. Geologic Map of Florida. Florida Cooperative Extension Service. Institute of Food
and Agricultural Sciences. University of Florida, Gainesville, Florida.
Brooks, H.K. 1981. Guide to the Physiographic Divisions of Florida. Florida Cooperative Extension
Service. Institute of Food and Agricultural Sciences. University of Florida, Gainesville, Florida.
E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site
West Assessment Process. 2000.
Conshohocken, PA.
American Society for Testing and Materials (ASTM).
EDR Radius Map with Geocheck Report, May 2007.
Florida Department of Environmental Protection (FDEP). Florida Administrative Code Chapter 62-770.
August 1999. Petroleum Contamination Site Cleanup Criteria. FDEP. Tallahassee, Florida.
Florida Department of Environmental Protection (FDEP). Florida Administrative Code Chapter 62-777.
Florida Department of Environmental Protection (FDEP). OCULUS 2.5 Data Management System,
2006.
Miller, Wesley L., 1987, Lithology and Base of the Surficial Aquifer System, Palm Beach County,
Florida: U.S. Geological Survey Water-Resources Investigations Report 86-4067.
Palm Beach County Department of Environmental Resources Management (ERM) Wellfield Protection
Areas, May 16, 2006.
Pasley, D. 1972, Field Guide to Windley Key Quarry, Am. Quat, Assoc. Second National Conference,
Miami, Florida Meeting 1, 14 p.
Perkins, R.D., 1977, Quaternary Sedimentation in South Florida, Part 2, Depositional Framework of
Pleistocene Rocks in South Florida: Geologic Society America, Memoir 147, Boulder Colorado,
198 p.
Rodis, H.G., and Land, L.F., 1976, The shallow aquifer -- a prime freshwater resource in eastern Dade
County Florida: U.S. Geological Survey Water-Resources Investigations 76-2 1 (PB-254
393/AS), 12 p.
Schroeder, M.C., Klein, H., and Hoy, N.D., 1958, Biscayne Aquifer of Dade and Broward Counties,
Florida. State of Florida, Florida Geological Survey, Report of Investigations No. 17, 56 p.
Scott, W.B., 1977, Hydraulic conductivity and water quality of the shallow aquifer, Dade County Florida:
U.S. Geological Survey Water-Resources Investigations 76-1 19 (PB-268 292/AS), 22 p.
United States Geological Survey (USGS), Riviera Beach, 7.5 Minute Series Quadrangle Map.
15
\
I
WASTE MANAGEMENT, INC,
October 13,2007
TO: Meghan Liller
Planner
Gentile Holloway O’Mahoney & Associates
RE: Site approval
Meghan,
As per our conversation and upon reviewing your updated site plan, your plans for
garbage pick up at the Shell station at Military & Northlake will be approved by Waste
Management.
Don’t hesitate to call me with any questions you may have. (954-547-2059) cell.
Regards,
.Pat Eboli-Territory Manager
Waste Management of Palm Beach
Mailing Address:
P.O. Box 109602
Palm Beach Gardens,
Florida 334 10-9602
Seacoast Utility Authority
EXECUTIVE OFFICE
September 19,2007
REgyjD
Fax: 575-5260
Ms. Dodi Buckmaster
Gentile Holloway O'Mahoney, Inc.
1907 Commerce Lane, Suite 10 1
Jupiter, FL 33458
Re: Shell Station - 8961 Military Trail (Water Acct. No. 41300027)
Dear Ms. Buckmaster:
This letter is in response to the recently submitted property questionnaire requesting water and
sewer capacity availability information for the existing Shell Station referenced above. The
referenced station is currently receiving water service with Seacoast Utility Authority.
The referenced project lies within the water and sewer service area of Seacoast Utility Authority.
This will confirm the current status of wastewater capacity and commitments for Seacoast Utility
Authority (Million Gallons Per Day):
0
Committed and This
Capacity In Use Project Balance
Sewer 12.00 7.855 -00 1 4.144
Please ncrte that this statement reflects conditions as of this date; no guarantee of capacity
availability in the hture is expressed or implied, and no capacity has been reserved for the
referenced project.
Sincerely,
SEACOAST UTILITY AUTHORITY
Dee Giles
Developer Agreement Coordinator
4200 Hood Road, Palm Beach Gardens, Florida 33410-2198
Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / FAX (561) 624-2839
www.sua.com
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: June 3,2008
Meeting Date: July 22,2008
REZN-07-12-000002 & MNSP-07-12-000003
SUBJECT/AGENDA ITEM
Petitions: REZN-07-12-000002 & MNSP-07-12-000003: Northlake Boulevard Shell Service Station
Public Hearing & Recommendation to City Council: A request by Dodi Buckmaster-Glas on behalf of Donnini
Enterprises, Inc., for rezoning to a Planned Unit Development (PUD) Overlay with underlying General Commercial
(CG-1) zoning district and a site plan approval to allow the development of service station with twelve (12) fuel pumps
and a 3,000 square-foot convenience store. The 0.77-acre site is located on the southwest corner of Northlake Boulevard
and Military Trail.
[ X 1 Recommendation to APPROVE with seven (7) waivers and conditions of approval
[ ] Recommendation to DENY
Reviewed by:
City Attorney:
Max Lohman
Development Compliance:
Bahareh K. Wolfs, AICP
Growth Management
Administmtlor: 6 Kar L. Irwin, AICP
Approved By:
City Manager:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Senior Planner
[XI Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
Date: July 11, 2008
Paper: Palm Beach Post
[XI Required
[ 3 NotRequired
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
Tresha Thomas
Fees Pai& E X ] Yes
Budget Acct.#:
NIA
PZAB Action:
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ 3 Public Workshop
[ 3 Continued to:
Attachments:
Project Narrative
PBC Traffic
concurrency letter
Development Plans
Color Renderings
Project Application
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
General Commercial (CG-1)
BACKGROUND
Commercial (C)
On April 3, 2008, City Council adopted Resolution 20, 2008 which allowed for the concurrent processing of a minor
conditional use, rezoning to PUD, voluntary annexation and a comprehensive plan amendment for the subject site,
which is located within unincorporated Palm Beach County. The annexation, comprehensive plan amendment, and
minor conditional use requests have been submitted under separate cover.
Commercial Low- 1 (CL- 1)
The 0.77-acre site is located at 8961 Military Trail at the southwest corner of the intersection of Northlake Boulevard
and Military Trail. The subject site is located outside the City limits and is operating as a service station with a
convenience store and auto repair. The subject request is to allow for rezoning to PUD and a site plan review with a
minor conditional use to allow for a fast-food restaurant to be co-located within the convenience store.
Commercial (C)
LAND USE & ZONING
Planned Unit
Development/General
Commercial (PUD/CG- 1)
The site currently has a Palm Beach County zoning designation of Neighborhood Commercial (CN) and a hture land
use designation of Commercial Low-1 (CL-1). The applicant is requesting approval to rezone to a Planned Unit
Development (PUD) Overlay/General Commercial (CG-1) underlying zoning district. The zoning and land-use
designations of adjacent properties are as follows:
Commercial (C)
ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS
EXlSTINC USE
Subiect Property
Existing auto service station
Palm Beach County
Nd
Sunny Plaza
Northlake Corporate Park
Palm Beach County
East
Gardensxrk Plaza
Palm Beach Gardens
Northlake Boulevard Overlay Zone (NBOZ)
It is important to note that the subject property is located within the Northlake Boulevard Overlay Zone (NBOZ). The
NBOZ was established to implement the objectives of the Northlake Boulevard Corridor Conceptual Streetscape Plan.
The NBOZ is a joint agreement between the City of Palm Beach Gardens, the Village of North Palm Beach, Town of
Lake Park and Palm Beach County. This agreement was established to improve the corridor by unifying design and
development themes, improving signage along the corridor and redevelopment to improve the areas economic
conditions.
TRAFFIC CONCURRENCY
On April 8, 2008, Palm Beach County Traffic Engineering approved the project for twelve fuel pumps and a 3,000
square-foot convenience store with a build-out date of 2012 (please see attached letter).
PROJECT DETAILS
The current petition proposes to completely demolish the existing structures on-site and replace them with a 3,000
2
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
square-foot convenience store, fast food restaurant co-located inside the convenience store, and twelve fuel pumps. The
site currently has a 2,037 square-foot auto care center with a convenience store and eight fuel pumps.
Site Access
Currently, there are four access points to the site, two off of Northlake Boulevard and two off of Military Trail. With the
redesign of the site, the access points have been reduced to one access drive off of each right-of-way. This will greatly
improve the safety and function of the intersection. The City Engineer and staff support the proposed access drive
closures.
Architecture
The existing building and canopy will be replaced by a new building. The new building will incorporate four-sided
architecture, varied roof elements and a contemporary theme. On January 22, 2008, the petition was presented to the
PZAB at a public workshop. At the request of PZAB, the Applicant has changed the color of the fuel pump canopy from
yellow to white.
Signane
Currently, there is a pole sign for the auto service station existing on-site that will be removed with this petition to bring
the site into conformance with the City’s Code and the provisions of the NBOZ. The proposed ground sign is
approximately seven feet in height and eight feet in width. City Code Section 78-229, Table 5-5, requires that
monument signs displaying gasoline prices be setback a minimum of twenty feet from all property lines. The Applicant
has requested a waiver from this Section and proposes to locate the sign 15 feet from the property line (please see
waiver section). The Applicant has also requested flat/wall signs in addition to the proposed monument sign to be
located on the fuel station canopy and convenience store building. e Landscapinn and Buffers
The proposed landscape plan provides for a total of 2,105.5 landscape points, whereas 1,178.4 landscape points are
required. The landscape materials will include 87 ornamental trees and palms, plus 1,149 accent shrubs and
groundcover.
City Code Section 78-3 19(a)(2) requires a twenty foot front landscape buffer abutting Northlake Boulevard. The
Applicant is providing the buffer widths for a majority of the landscape buffer, however there is a little more than fifty
three percent (53%) of the front landscape buffer that will only maintain a width of fifteen feet. Therefore, the Applicant
has requested a waiver from this Section for the five feet of landscape buffer that will not be provided (please see
waiver section).
The Applicant has requested a waiver to several areas of the City Code concerning the requirements for foundation
plantings. The Applicant has requested a waiver from City Code Section 78-228, Foundation landscaping and plantings,
to allow for less than the required length and width of the foundation landscaping for the front faqade of the
convenience store building (please see waiver section). This waiver request is typical of auto service stations because
the ability to have an unobstructed view into the building is a key component to the safety of the employees and
customers who utilize the gas station.
Per City Code, a convenience store with gasoline sales requires one parking space per 200 square feet. The square
footage for this building is 3,000 square feet. A total of 15 parking spaces are required and 15 spaces are being
provided, one of which is a handicap space. City Code allows the width of a parking space to be reduced from ten (1 0)
feet to 9.0 feet by 18.5 feet long, subject to approval by the City Council. The applicant is requesting a reduced width
of 9.5 feet by 18.5 feet long. a
3
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
Site Drainage & Environmental
A drainage statement by Jeff H. Iravani, Inc., dated April 25, 2008, states that the existing drainage system drainshheet
flows toward the adjacent roadways. The proposed drainage system consists of an exfiltration system with slotted drains
at the driveways. The outfall is provided by slotted drains at both driveways. The Applicant will be required to obtain
drainage permits from the Florida Department of Transportation, Palm Beach County Land Development Division, and
Northern Palm Beach County Improvement District.
CPTED Compliance
Crime Prevention through Environmental Design (CPTED) is a branch of situational crime prevention that maintains
the basic premise that the physical environment can be designed or managed to produce behavioral effects that will
reduce the incident and fear of crime. The Police Department has reviewed the site plan for the subject property, and
has provided staff with several comments pertaining to security on-site and adherence to the CPTED principles. These
comments will be included in the development order as conditions of approval.
CONDITIONAL USE
As previously stated, the subject site is located within the NBOZ and is subject to the provisions contained within that
Section. Per City Code Section 78-229(b)(4) of the NBOZ, convenience stores with gasoline sales and co-located fast-
food restaurants are considered minor conditional uses and are approved by the Development Review Committee
(DRC). On March 5, 2007, the DRC voted to recommend approval of the minor conditional use to allow for a
convenience store with gasoline sales and a co-located fast food restaurant. The DRC will not issue a formal approval
until the subject site’s annexation, rezoning and site plan approvals have been approved by City Council.
(The remainder of this page left intentionally blank)
4
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07- 12-000002
Code Section
WAIVER REQUESTS
Required/Allowed Provided Waiver/Deviation Recommendation
The applicant is requesting the following seven waivers:
Table 12, Front
Section 78-153,
Setback
Minimum 50’ setback from 4 1 ’ (Canopy Only) 9’ Approval (1) front property line
Section 78-
230(b)(4), Table
Section 78-
230(b)(4), Table
6-2
Section 78-2293
Table 5-5
Section 78- 154,
6-2
15’ 5’ Approval (2) Minimum 20’ setback from
rear property line
Minimum 10’ setback from
side property line for parking 8’ 2’ Approval (3)
areas
Minimum 20’ setback from
sales signs
all property lines for gasoline 15’ 5’ Approval (4)
Table 14,
Minimum Dev.
Minimum 1 acre size for 0.71 acres Approval (5) Planned Unit Developments 0.29 acres
WAIVER CRITERIA:
Size
Section 78-
3 19(a)(2)
Section 78-
228(1)(1)@)
Section 78-
228(1)(3)(a)
Section 78-
228(1)(3)(c)
Section 78-158 (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.
15’ 5’ Approval (6)
40% Approval (7)
landscaping width required 0’ 5’ Approval (7)
Minimum 20’ landscape
buffer required
Minimum length shall be
Minimum 5’ foundation
for the building
Minimum of one shade
tree/palm per 30 linear feet of
facade
0% (Front faqade
40% of the faqade only)
0 3 trees Approval (7)
1.
2.
3.
4.
5.
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.
5
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
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.
Apulicant’s Justification: The Applicant is requesting a waiver from the Code requirement of a 50 foot setback
from the front property line. The Applicant has provided 41 feet, however the canopy covering the he1 pumps
encroaches nine feet into the setback. The Applicant states that the canopy will protect the customer from the
elements, and at the same time creates an effective design component to the site.
Staffs Recommendation: Staff agrees with the Applicant’s justification and realizes the need for
redevelopment of the site. The requested waiver is mainly due to the small size of the site and is the minimum
necessary to incorporate the canopy roof into the site’s design. It is important to note that this waiver was
reduced by the Applicant’s removal of the drive-through lanes that were originally proposed for the site. Staff
recommends approval of the waiver.
Applicant’s Justification: The Applicant is requesting a waiver from the Code requirement of a 20 foot setback
from the rear property line. The Applicant has provided 15 feet, however the rear of the building encroaches
five feet into the setback. The Applicant states that the proposed building placement will allow for a wider
landscape buffer along Northlake Boulevard, while still providing 15 feet of landscaping along the rear of the
property line.
Staffs Recommendation: Staff agrees with the Applicant’s justification for the waiver and acknowledges that
the site will be significantly upgraded from its existing condition. The Applicant proposes a landscape design
that incorporates a direct pedestrian connection from Military Trail to the convenience store building.
Furthermore, the Applicant’s proposed landscape plan provides for a total of 2,105.5 landscape points, whereas
1,178.4 landscape points are required. The landscape materials will include 87 ornamental trees and palms,
plus 1,149 accent shrubs and groundcover. Staffrecommends APPROVAL of the waiver request.
Applicant’s Justification: The Applicant is requesting a waiver to from the NBOZ Code Section that requires a
10 foot side setback from the property line for parking stalls. The Applicant states that the proposed site design
will allow the west property line to maintain an eight-foot landscape buffer. However, the Applicant is also
utilizing a 9.5’ x 16’ stall with a 2.5’ overhang rather than the wheel stop. Thus, there is 10.5 feet of
landscaped area between the western property line and the beginning of the paved parking stall with the 2.5’
overhang.
Staffs Recommendation: Staff agrees with the Applicant’s justification and acknowledges that with the 2.5’
vehicle overhang there will be 10.5 feet of landscaping between the parking stall and the property line. Staff
recommends APPROVAL of the waiver request.
Auplicant’s Justification: The Applicant is requesting a waiver from the Code that requires signs for gasoline
sales to be setback a minimum of 20 feet from the property line. The Applicant has provided for a 15’ setback
in-lieu of the required 20’ setback. The Applicant states in their justification that the City will be receiving
increased landscaping above what the Code requires.
Staffs Recommendation: Staff acknowledges the Applicant’s response and believes that removing the existing
non-conforming pole sign from the site will enhance the aesthetics of the intersection. The proposed size of the
gasoline price sign and associated landscaping is consistent with the City Code and will certainly enhance the
6
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
corner of the site. Staff recommends APPRO VAL of the waiver request.
Applicant’s Justification: The Applicant is requesting a waiver from the Code requirement which states that all
developments are to be a minimum of one acre in size. The Applicant states that since the site is an existing
developed site it is not possible to meet this requirement. The Applicant also states that the proposed site plan
would reduce the number of non-conformities and improve the circulation of the site by the eliminating two of
the four existing access drives.
Staffs Recommendation: Staff agrees with the Applicant’s justification that the site is an existing developed
site and the proposed site plan will reduce many of the existing non-conformities. Staff recommends
APPROVAL of the waiver request.
Applicant’s Justification: The Applicant is requesting a waiver from the Code which requires that a 20’
landscape buffer when abutting right-of-ways greater than 100 feet in width. The Applicant states that there is
an existing 6’ utility easement along Northlake Boulevard which prevents them from meeting this requirement.
The Applicant also states that a significant amount of open space has been added to the site. The total open
space area has been increased to 32.8% of the site, whereas the Code only requires 15%.
Staffs Recommendation: Staff agrees with the Applicant’s justification and acknowledges the fact the waiver
request is only for a portion of the buffer. The Applicant is providing the required buffer width for the majority
of the landscape buffer, however the existing utility easement precludes them in certain areas from providing
the full twenty feet. Furthermore, the Applicant’s proposed landscape plan provides for a total of 2,105.5
landscape points, when 1,178.4 landscape points are required. The landscape materials will include 87
ornamental trees and palms, plus 1,149 accent shrubs and groundcover. Staffrecommends APPROVAL of the
waiver request.
Applicant’s Justification: The Applicant is requesting a waiver from the Code requirement for foundation
plantings for the convenience store building. The waiver request is to allow for a reduction of the following:
the length of the foundation landscaping for the front faqade of the building, the width of the foundation
planting for the front faqade of the building, and the requirement to provide one shade tree or palm per 30
linear feet of the faqade. The Applicant states that they exceed these requirements on three of the four
applicable facades, however this requirement is not met on the front faqade which serves operationally as a
entrance to the convenience store. Furthermore, the Applicant states that the front of the building is heavily
utilized by a constant flow of pedestrian activity. Although this design does not meet the code requirement, the
Applicant feels that the intent of the Code is met due to the additional plantings provided on all other facades.
Staffs Recommendation: Staff agrees with the Applicant’s justification for the requested waiver to the
required foundation plantings for the building. It is important to note that the Applicant exceeds the
requirements for foundation plantings on the three other sides and has worked with staff closely to determine
an acceptable landscape plan. Furthermore, this type of waiver request is common for convenience stores with
gasoline sales because of the need to have a clear unobstructed view into the front of the building, which
improves the safety of the employees and patrons of the service station. Staffrecommends APPROVAL of the
waiver request.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Petitions REZN-07- 12-000002 & MNSP-07- 12-000003 with seven (7) waivers and
the conditions of approval below:
Planning and Zoning
1. Prior to issuance of the first building permit, the Applicant shall comply with Section 78-262 of the City Code
relative to Art in Public Places. The Applicant shall provide art on-site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a recommendation to the City Council on any
proposed art on-site. If the Applicant is providing public art on-site, the art shall be installed prior to the
7
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
issuance of the first Certificate of Occupancy, or as determined by the application for approval of the art. (City
Forester)
2. Prior to the issuance of the Certificate of Occupancy for the building, all roof top mechanical equipment shall be
screened from view. (Planning & Zoning)
i
I
I 3. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way.
(Planning & Zoning)
4. Prior to the issuance of the first building permit for vertical construction, the Applicant shall install a six (6)
foot tall construction fence with a privacy tarp adjacent to Northlake Boulevard and Military Trail (Planning &
Zoning)
5. The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the
closing of any public sidewalk. (Planning & Zoning)
6. The lighting source from the canopy shall be recessed so that there is no off-site glare or lighting spillover into
adjacent roadways and the abutting property (Planning & Zoning).
Landscaping
7. Prior to the issuance of the Certificate of Occupancy, the Applicant shall install all required buffer plantings in
accordance with the approved landscape plan. (City Forester)
8. Prior to the issuance of the Certificate of Occupancy, the Applicant shall remove all prohibited and invasive non-
native plants from the site. (City Forester)
9. Prior to the issuance of Certificate of Occupancy, the Applicant, successors and assigns shall install landscaping
and irrigation according to the approved plan along the Northlake Boulevard road shoulder adjacent to the property.
(City Forester)
10. Prior to the issuance of the Certificate of Occupancy, the Applicant, successors and assigns shall install landscaping
and irrigation according to the approved plan along the Northlake Boulevard road shoulder adjacent to the property.
(City Forester)
11. Prior to the issuance of the first building permit for vertical construction, the Applicant shall submit FP&L- and
SUA-approved landscape plans for review and approval by the City. (City Forester)
Engineering
12. Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer)
13. Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City
Engineer)
14. Prior to the issuance of the first land alteration permit, the applicant shall plat the site to include all existing and
proposed easements and like encumbrances, in accordance with LDR Section 78-446 for City Council approval.
(City Engineer and Planning & Zoning)
15. Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide cost
estimates in accordance with LDR Section 78-309 and 78-461 and for on-site project improvements, not including
public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates
shall be signed and sealed by an engineer and landscape architect registered in the state of Florida and shall be
posted with the City, prior to the issuance of the first land alteration permit. (City Engineer)
8
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
16. The construction, operation andor maintenance of any elements of the subject project shall not have any negative
impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the
project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to
the City prior to additional construction activities. (City Engineer)
17. Prior to issuance of the first land alteration permit, applicant shall submit signedsealeddated construction plans
(paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment. (City Engineer)
18. Prior to construction plan approval and the issuance of the first land'alteration permit, applicant shall schedule a
pre-permit meeting with City staff. (City Engineer)
19. Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of authorization
from the applicable utility companies allowing landscaping and light poles to be placed within the utility
easements. (City Engineer)
Police
20. Prior to the issuance of the Certificate of Occupancy, all on-site lighting shall be installed. All exterior on site lighting
shall utilize 20 foot single poles, and all on-site lighting shall consist of metal halide or equivalent lighting approved
by the Police Department and shall not conflict with planted landscaping. Luminaire type should be utilized to optimize
light distribution and minimize glare and up lighting. (Police Department)
2 1. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 36 inches in
height and high branched trees should be trimmed to seven feet. (Police Department)
22. Prior to the issuance of the Certificate of Occupancy for gas station, the Applicant shall provide photocell sensor
engaged lighting, "dusk to dawn", above or near entryways, all four sides of building and adjacent sidewalks for
said building. (Police Department)
0
23. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and
management plan for review and approval by the Police Department. Non-compliance with the approved security
and management plan may result in a stop-work order for the PUD. (Police Department)
24. Prior to the issuance of the Certificate of Occupancy for the gas station building, all entry doors (non-glass
single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened
deadbolt locks shall be provided on all exterior doors with a minimum one (1) inch throw or mechanical interlock.
Doors secured by electrical operation shall have a keyed-switch or signal locking device to open the door when in
the locked position. Exterior doors should have a holding force of at least 10001bs. Door hinges shall employ non-
removable hinges, and the main entries to the building shall be wired for closed-circuit digital camera surveillance
system. (Police Department)
25. Prior to the issuance of the Certificate of Occupancy for the building, the numerical addresses shall be placed at the
front of the building. The numerical address shall be illuminated for nighttime visibility, with an uninterruptible
A.C. power source, shall consist of twelve (12) inch high numbers, and shall be a different color than the color of
the surface to which it is attached. The side door of the building shall have an illuminated 6 inch number on or
alongside the door/drive thru window. (Police Department)
Miscellaneous
26. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the
issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the fvst Certificate of Occupancy. (GIs Manager, Development Compliance
Office)
9
2
Date Prepared: June 3,2008
Meeting Date: July 22,2008
Petitions: MNSP-07-12-000003 &
REZN-07-12-000002
7. The Applicant shall be required to notify the City’s Public Works Division via fax at least ten (10) working days
prior to the commencement of any workkonstruction activity within any public right-of-way within the City. In the
case of a City right-of-way, the property owner has at least five (5) working days to obtain a right-of-way permit.
Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition may result
in a stop-work order of all workkonstruction activity within the public right-of-way and the subject site. (Public
Works)
10
Revised April 25,2008
RequestlLocation
On behalf of the applicant, Gentile Holloway O'Mahoney & Associates, Inc., acting as
agent, is requesting the review of an Annexation, $mall Scale Comprehensive Plan
Amendment (CPA), Rezoning (REZ), and Site Plan review with a minor conditional
use to allow for a convenience store and elimination of auto service use. The applicant is
also requesting approval for a Fast Food restaurant as an accessory use to the
convenience store. Respectfully the applicant would ask that all of the applications be
permitted to be processed concurrently. Note: The City Council approved the Concurrent
Processing Agreement on April 13,2008.
The subject property encompasses a total of 0.705 acres and is located on the southwest
comer of Northlake Boulevard and Military Trail, currently within unincorporated Palm
Beach County. The subject site is also located within. the Northlake Boulevard Overlay
Zone (NBOZ). The NBOZ was established to implement the objectives of the Northlake
Boulevard Corridor Conceptual Streetscape Plan. The NBOZ is a Joint Agreement
between the City of Palm Beach Gardens, the Village of North Palm Beach, Town of
Lake Park and Palm Beach County. This Joint Agreement was established to improve this
corridor by developing unifying design and development themes, improving signage
along the corridor and redevelopment to build community pride, and improve the area's
economic conditions. The Future Land Use designation of the site is Commercial-Low 1
unit per acre (CL-I) and has a zoning classification of Commercial Neighborhood (CN).
The proposed compatible Palm Beach Gardens Land Use designation is commercial and
zoning is commercial general (CG-I). However, due to the nonconfonnities on the site
the applicant will be requesting the approval of rezoning to a Planned Unit Development
(PUD). With the PUD zoning, waivers from code sections can be requested as this is a
small site and as a part of the redevelopment effort we are bridging the site up to current
code. In keeping with the intent of the NBOZ, the proposed plan is a total redesign to
improve architecture, design, landscaping, and general aesthetics.
x
0
Proposed Development
The site is currently operating as an Auto Service station with gas sales. The applicant is
requesting that the use of the site be changed to Convenience store with gas sales and an
accessory co-located fast food restaurant. The applicant is redesibing the site to
incorpbrate improved architecture and design. A new building and layout is piopgsed tha! ,'. IL . ';:f*,[%
x I " ti. f. C.J ><I t
1007Cornrnerct Lane, Suit.& 101
Jupiter, Florida 33450
561-575-9557
561.575-5260 FAX
www.landscape-architect~ corn
Northlake & Military Shell Gas Station
Project Narrative
December 10,2007
Updated April 2‘5, 2008
Page 2
includes a three thousand (3,000) square foot building with a total of six (8
The six (6) gas pumps will allow for 12 heling stations.
Existing
CN
(Coull ty)
Lot Size 0.705 Acre
Lot Coverage 6.6%
Building Neigh t 36’
Pervious 18.2% Iq
Building
Front
worth lake Blvd.)
,.
66’
Side Facing Street 24’
I
(Military Tiail)
Side 3 5’
Proposed NBOZ PBG Code Waiver
PUD Requirement Requirement Request
Underlying CG-1 PUDICG-1
0.705 Acre NIA 1 .O Acre Yes
(PBG)
No 20.2% NIA 35%
Maximum
36’ No , 25’ 40’
Maximum
WIA 15% No 3 1.7%
15’ No
15’ Yes
55.3’ 15’
Rear 47’ 15’ 20
Sign 10’ 15’ 20’
Parking Stall 10:6’ 8’ 10’
(NBOZ)
(NBOZ)
15’ Yes
NIA Yes
(NBOZ)
-.l ~- -- -___..I_-.--------_.-.--. . -_ .--_I-.- - ~
U:\CLIENT FILESWolthlake-Military Shell Gas Station 06- I 109Mpplication Mate1ials\namtive2.doc 2
Northlake & Military Shell Gas Station
Project Narrative
- December 10,2007
Northlake Blvd.
ROW
Updated April 25, 2008
Page 3
,
5’-15’ . 5’ 15’ 20’ Yes .
(for a portion) (PBG)
.
Access
In addition to the above referenced changes, the access drives to the site will ako change. @
Currently there are four (4) access points, two (2) off of Northlake Boulevard and two c2)
off Military Trail. With the redesign of the site, the access points have been reduced to
one (1 ) access drive off of each right-of-way.
.
,Landscaping
The site was previously approved by Palm Beach County as an auto service station, The
existing development would be’considered nonconforming development in Palm Beach
County as it is in Palm Beach Gardens based on current standards. With the request to
annex this site into the city, the site will be redesigned to bring the site into greater
compliance with current city requirements and the Northlake Bouleyard Overlay Zone.
This will include increased landscaping and open space, all of which will incorporate
native vegetation.
Architectural Elements
The existing building will be replaced by a new building. The new building will
incorporate four (4) sided architecture, varied roof elements and a .more contemporary
feel like other new development found in this NBOZ corridor. In fact, the architecture is 0
----I-- ._ ~ __- I” .-I- . - ~ - - ---- - ~ -.I -_ - -_
U \CLIENT FILESWo~thlake-Mllrtary Shell Gas Station 06-1 i09Mppl1catro11 Matenalshanat~veZ doc 3
' Signage
, There is a pole sign for the auto service station existing on site that will be removed and
replaced with a ground sign meeting the dimensional requirements of the City of Palm
Beach Gardens, as well the NBOZ. The proposed ground sign is approximately seven (7)
feet in height and eight (8) feet in width and will not exceed the maximum allowable sign
face of thirty-& (36) -square feet. Wall signage, as depicted on sheet A4 of the
architectural drawings, will. also be requested.
I. Concurrency
The subject site is currently operating a9 auto service station with gas sales. The current
applications are being requested to change the use to a convenience store with gas sales.
Therefore, the applicant is currently seeking a concurrency equivalency for the change in
use.
'
Consistency with Comprehensive Plan
The proposed use of a convenience store with gas, sales and a co-located fast food
restaurant is consistent with the goals of the comprehensive plan in a number of ways.
The first being that all of the surrounding properties, within the City of Palm Beach
Gardens and Palm Beach County, have a similar future land use designation of
Commercial. Additionally the proposed uses meet the criteria of Objective 1.1.6, -which
encourages expansion of the economic base by promoting commercial activities. This
criterion is met due to the fact that the site is located within the future annexation area of
the City, as well as at a major intersection, In addition, the site meets the definition of
commercial designation within the City of Palm Beach Gardens Comprehensive Plan's,
which states that the use will accommodate a wide range of retail and general commercial
uses at a primary intersection.
I
\
Surrounding Uses
The site is located on ihe southwest corner of Northlake Boulevard, and Military Trail
within the NBOZ. The NBOZ encourages redevelopment of these older non-conforming
properties along Northlake Boulevard. The table below reflects the surrounding Land Use
and Zoning categories, which are all very similar. When the subject site is annexed into
Northlake & Military Shell Gas Station
Project Narrative
December 10,2007
Updated April 25,2008
Page 4
being designed to make an aesthetic statement for the intersection in keeping with the
character of Palm Beach Gardens and the NBOZ intent.
- _P.--_--_-._. .- Ilr -. ..._ .__I"__~.__I .,... _-
U:\CLIENT FILESWoithlake-MilItary Shell Gas Station 06-1 109Mpplication Mateiials\nanative2.doc 4
Northlake & Military Shell Gas Station
Project Narrative
December 10,2007
SUBJECTPROPERTY:
(County)
Updated April 25,2008
Page 5
I
ZONING FUTURE LAND USE '
Existing: Commercial
Neighborhood (CN)
Proposed: Planned Unit Proposed: Commercial
Development (PULI) General
Commercial (CG-I)
Existing: Commercial Low 1
unit per acre (CL-I)
the City of Palm Beacq Gardens, all four corners of the Northlake Boulevard and Military
Trail will reflect a commercial land use and General Commercial zoning category as well
as be located within the City of Palm Beach Gardens. Therefore, the redevelopment of
this site would not negatively impact the surrounding area rather it would be enhanced.
This would be.accomplished by providing the opportunity for the site to be redesigned
and brought up to the standards found in the City of Palm Beach Gardens. Ln addition,
this request is consistent with the City's vision due to the fact that the property is located
within the City's fibre annexation area and the requested FLU and zoning is consistent
with what exists along the Northlake corridor.
-\
TO THE NORTH : .
(PBG)
TO THE SOUTH :
(County)
Existing Zoning and Land Use Designations
General Commercial (CG-I) Commercial (C)
Special Commercial (CS) Commercial Low I unit per
. acre (CL-1)
a
TO THE EAST:
(PW
TO THE WEST:
(County)
General Commercial (CG-1) Commercial (C)
Commercial Low 1 unit per
Special Commercial (CS) acre (CL-1)
Waivers Justification Statement
I
Building Front Setback Waiver: PBG - Section 78-153, Table 12
The applicant is requesting a waiver from the front setback requirement. The City of
Palm Beach Gardens code requires a fifty (50) foot front setback. The building itself will
be setback one hundred and twenty (120) feet from the property line, however the ~- -
proposed canopy will encroach nine (9) feet into the required setback. The canopy a
l___l__ - -. - . 1 . . -. -. .. ., ."__.I . I
U:\CLIENT FILESWotthlake-Militaiy Shell Gas Station 06-1 I09L4pplica~ion Maletialsbatiative2.doc 5
'. ,
Northlake & Military Shell Gas Station
Project Narrative
December 10,2007
Updated April 25,2008
Page 6
provides coverage for all six (6) gas I: Imps/tw he (12) heling s... ions, protecting the
customer fom the elements, and at the same time creates an effective design component
-to the site. It can be noted that the subject site is also located within the NBOZ, which
requires a minimum twenty-five (25) foot fiont setback. With the redesign of the site, the
proposed building and canopy meet this requirement.
In exchange for the requested waiver the applicant is proposing a new building that will
incorporate four (4) sided architecture, varied roof elements and a more contemporary
feel like other new development found in this NBOZ corridor. In fact, the architecture is
being designed to make an aesthetic statement for the intersection in keepihg with the.
character of Palm Beach Gardens and the NBOZ intent.
,
I
Building Rear Setback Waiver: NBOZ - Section 78-230(b)(4) Table 6-2
The applicant is requesting a waiver from the NBOZ code required twenty (20) foot rear
setback. The proposed building placement will allow for a wider landscape buffer along
Northlake Boulevard-, while still providing fifteen (1 5). feet of landscaping along the rear
property line. It should be noted that the City of Palm Beach Gardens rear setback
requirement is fifteen (1 5) feet, which is being met.
The existing site provides little pedestrian consideration. The proposed'redevelopment
will provide a landscape design that creates an aesthetic statement and 'for more effective
pedestrian considerations along the corridor through the incorporation of enhanced
perimeter landscaping and a direct walk from the store to Military Trail.
Parking Stall Setback Waiver: NBOZ - Section 78-230 (b)(4) Table 6-2
f The applicant is requesting a waiver from the NBOZ code section that requires a ten (1 0)
foot side setback for parking stalls. The proposed site design will allow the west property
line to,maintain an eight (8) foot landscape buffer. However, the applicant is also
utilizing a 9.5'x16' stall with a 2.5' overhang rather then the wheel stop. Thus, there is
10.5' of landscaped area between the western property line and the lieginning of the
paved parkidg stall with the 2.5' overhang. The overhang is not being included thus a
waiver is requested.
'
In exchange for the requested waiver, the applicant is providing an innovative and
creative site design. The site will be designed with upgraded architecture that will be
unique to the corridor as well as create a more distinct entrance into the City.
Additionally, the redesign will make the site more conforming with both the PBG code
and the NBOZ.
1111111"11- - ~ -~ --- - - * ~ ~
U:\CLIENT FILESWorthlake-Militaiy Shell Gas Station 06- I I09Mpplicatjon Matenals\lianative2.doc 6
Northlake & Militaiy Shell Gas Station
Project Narrative
December 10,2007
1.
Updated Apiil25, 2008
Page 7 0
Landscape Buffer Waiver: PBG - Section 78-319.(a)(2)
The applicant is requesting a waiver from the PBG code section that requires a twenty
(20) foot front landscape buffer, abutting Northlake Boulevard. The applicant is
providing the required buffer widths for the majority of the landscape buffer, however
there is a little more then fifty-three (53) percent of the front landscape buffer that will
only be able to maintain a minimum of fifteen (1 5) feet. There is art existing six (6) foot
utility easement along Northlake Boulevard which prevents us from meeting /the
requirement in this location. Pursuant to the City's code, the required landscape buffer
may encroach into the utility easement up to five (5) feet. Thus, although the applicant is
requesting a reduction in'the required buffer width there is an additional one (1) foot in
width that is not counted towards the overall green space on the site. The subject site is
also located within the NBOZ, whch requires a minimbm fifteen (15) foot landscape
buffer which this requirement is met.
In exchange for the reduction in the required buffer widths, a significant amount of open
space has been added to the overall site. The total open space area has been Increased to
32.8 % of the site, the code only requires 15% open space.
Minimum Site Area Waiver : PBG - Section 78-154(~)(1) Table 13
The applicant is requesting a waiver from the PBG code required minimum site area,
which states that the minimum required site area is to be one (1) acre. The existing site
contains a total of 0.705 acres. Since the site is an existing developed site it is not
possible to meet this requirement, making it a dimensionally nonconforming\ lot.
Although.the site has always been nonconforming, the proposed site plan would reduce
the non-conformity and allow for an improved site layout. The new design will create
better circulation on the site by eliminating two (2) of the four (4) existing access drives.
By utilizing the PUD the site can appropriately address the site requirements as provided
for under the PBG Code.
Sign Setback Waiver: NBOZ - Section 78-229, Table 5.5)
The applicant is requesting a waiver from the NBOZ code required gas price sign setback
of twenty (20) feet from the property line. The sign is proposed to be set back fiften (I 5)
feet from the property line. Therefore, the applicant is requesting a five (5) foot waiver
from code. In compensation for the requested waiver, the applicant is proposing
additional landscaping. The required landscape points are 1,208.5 and the provided
landscape points are 2,105.5. ,
- -~--I.--- --_^_----- ---x_- -. ____ ..- " l____l__
U.\CLIENT FlLES\Noithlake-MiIitaiy Shell Gas Station 06- I 109l.Applicat1on MateiialsLianative2 doc I
c Northlake & Military Shell Gas Station
Project Narrati,ve
December 10, 2007
Updated April 25,2008
Page 9
of the front faqade contains a cluster of Sabal Palms, while the planting island to the west
contaiiis a piilk tabebuia. Therefore, the applicant believes that with providing trees
within the planting islands that the intent of the code has been met:
Conclusion
In closing, we believe these requests are ‘consistent with the intent of the City’s
Comprehensive plan, Land Development Code and the goals of the NBOZ. The improved
site layout and architecture will prove to be a benefit to the adjacent community, as well
as the City, and provide interest along Northlake Boulevard and Military Trail. Therefore,
on behalf .of our client, Gentile Holloway & O‘Mahoney respectfully requests approval. of
the proposed Annexation, Small Scale Comprehensive Plan Amendment, Rezoning, and
a Site Plan review with a minor conditional use to allow for the a convenience store and
fast food use.
I
9
May 15,2008
Department of Engineering
and Public Works
PO. Box 21229
West Palm Beach, FL 3341 6-1 229
(561) 684-4000
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Addie 1. Greene, Chairpersorl
eff Koons, Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess K. Santarnaria
County Administrator
Robert Weisman
"An Equaf Opporhniity
mntive Actton Employe" e
Mr. Richard Morrero
Sr. Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410-4698
RE: Northlake Shell Station
Project #: 080202
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Richard:
The Palm Beach County Traffic Division has reviewed the revised Traffic Study for the
proposed redevelopment project entitled Northlake Shell Station, pursuant to Palm
Beach County Land Development Code. The project is summarized as follows:
Location:
Municipality:
PCN #:
Parcel Size:
Existing Uses:
Proposed Uses:
New Daily Trips:
New PH Trips:
Bu ild-Ou t:
SW Quadrant of PGA Boulevard with Military Trail.
Palm Beach Gardens
SW Quadrant of PGA Boulevard with Military Trail.
Gas Station with 8 FP, and 2,037 SF Auto Care Center.
Gas Station with 12 FP, and 3,000 SF Converiience Store
7 54
67 AM and 57 PM
Year End 2012
00-42-42-24-00-000-301 1
Based on our review, the Traffic Division has determined that the proposed 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 Project Aggregation Rules set forth in the Traffic
Performance Standards Ordinance.
If yo^! have any questions regarding these comments, please contact ye at 684-4030
Sincerely,
Masoud Atefi, @ey
TPS Administrator, Municipalities - Traffic Engineering Division
MA:sf
cc: PTC, Inc.
McMahon Transportation Engineers & Planners
File: General - TPS - Mun - Traffic Study Review
N.\TRAFFIC\rna\Admin~pprovals\2008\080202.doc
@ printed on recyclad papor
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
sc I?& N E I)
Request:
Planned Community Development (PCD) Annexation
Amendment to PCD, PUD or Site Plan
Amendment to the Comprehensive Plan
Administrative Approval Miscellaneous
Administrative Appeal Other
8 Planned Unit Development (PUD)
63 Conditional Use Concurrency Certificate
8 Rezoning
8 Site Plan Review
Time Extension
Date Submitted: (Original) December 2007
Project Name:
0wner:Motiva Enterprise LLC
Applicant (if not Owner):
Applicant’s Address: 9250 Alt. A-1-A
Agent: Gentile Hollowav O’Mahonev & Associates, Inc.
Contact Person: Dodi Buckmaster Glas Email:Dodi@landscaDe-architects. corn
Agent’s Mailing Address: 1907 Commerce Lane, Suite 101 Jupiter FL 33458
Agent’s Telephone Number: (561) 575-5997 Fax Number: (561 )575-5260
Northlake Blvd. and Military Trail Shell Gas Station
Address: 1 100 Louisiana Houston, Texas 77002
Donnini Enterprises, Inc.
Telephone No.
FOR OFFICE USE ONLY
j I’ 1) fq;
1 i!t I, ,t
Petition Number:
Fees Received
Date & Time Received:
Application $ Engineering $
Receipt Number::
Architect: Orlando Alonso Phone Number: 305-595-3095 ext.215
Engineer: Jeff Iravani Phone Number: 561-575-6030
P1anner:m Phone Number: 561 -575-9557
a
Landscape Architect: GHO Phone Number: 561 -575-9557
Site Information: Note: Petitioners shall submit Electronic digital files of
approved projects. See attachment for details.
General Location: Southwest corner of Northlake Blvd. and Military Trail
Address: 8961 Military Trail
Section: 24 Township: 42 Range: 42
Property Control Number(s): 00-42-42-24-00-000-30 1 1
Acreage: .705 Current Zoning: CN (PBC) Requested Zoning: PUD
Flood Zone: N/A
Current Comprehensive Plan Land Use Designation: Commercial (PBC)
Base Flood Elevation (BFE) - to be indicated on site plan a
Existing Land Use: Commercial (PBC)
Proposed Use(s) i.e. hotel, single family residence, etc.:
Requested Land Use: Commercial
Convenience store with gas sales
Proposed Square Footage by Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multi-family, etc. (If applicable:
3,000 SF
Information concerning
Justification
all requests (attach additional sheets if needed) {Section 78-46,
Application Procedures, Land Development Regulations)
1. Explain the nature of the request:
See Attached
2. What will be the impact of the proposed change on the surrounding area?
See Attached
3. Describe how the rezoning request complies with the City’s Vision Plan and the following 0
elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental
Coordination and Capital Improvements.
See Attached
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-301, Land Development Regulations)?
See Attached
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
78-261, Land Development Regulations)?
See Attached
6. Has project received concurrency certification?
Currently seeking concurrency
Date received:
Legal Description of the Subiect Property
A PORTION OF THE NORTHWEST ’/4 OF SECTION 24, TOWNSHIP 42 SOUTH, RANGE
42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST % OF SAID
SECTION 24; THENCE RUN SOUTH 01 “09’3 1” WEST ALONG THE EAST LINE OF THE
NORTHWEST % OF SAID SECTION 24 FOR A DISTANCE OF 100.00 FEET TO A POINT;
THENCE RUN NORTH 88’33’46” WEST ALONG A LINE 100.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID SECTION 24 FOR A DISTANCE OF 82.23
FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 43’50’36” EAST FOR A
DISTANCE OF 21.07 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST,
THE CENTER OF WHICH BEARS SOUTH 89’06’25” EAST FROM SAID POINT; THENCE
RUN SOTHERLY ALONG THE ARC OF SAID CURVE, SAID CURVE ALSO BEING THE
RADIUS OF 7699.44 FEET, THROUGH A CENTRAL ANGLE OF 00’37’23” FOR AN ARC
DISTANCE OF FEET, THROUGH A CENTRAL ANGLE OF OO”37’23” FOR AN ARC
DISTANCE OF 83.73 FEET TO A POINT OF TRAGENCY; THENCE RUN SOUTH
00’1 6’ 12” WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID MILITARY TRAIL
(STATE ROAD NO. 809) FOR A DISTANCE OF 86.48 FEET TO A POINT; THENCE RUN
NORTH 88’33’46” WEST FOR A DISTANCE OF 13 1.75 FEET TO A POINT; THENCE RUN
NORTH 01 “09’14” EAST FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE RUN
NORTH 46”41’30” WEST FOR A DISTANCE OF 58.15 FEET TO A POINT; THENCE RUN
NORTH 01 “09’3 1 ” EAST FOR A DISTANCE OF 136.19 FEET TO A POINT ON THE
THENCE RUN SOUTH 88’33’46” EAST FOR A DISTANCE OF 157.77 FEET TO THE
POINT OF BEGINNING.
WEST RIGHT-OF-WAY LINE OF MILIARY TRAIL ( STATE ROAD N0.809); HAVING A
SOUTH RIGHT-OF-WAY LINE OF LAKE PARK ROAD (STATE ROAD NO. 809A);
ADDRESS: 8961 NORTH MILITARY TRAIL
Location
The subject property is located approximately 0 mile(s) from the intersection of
Military Trail , on the north, east, x south, west side of
Northlake Boulevard (streethoad).
Statement of Ownership and Desimation of Authorized Agent
13dure me, the undcrsigned authority, persunally appcarcd Gerald Donnini ivtio.
heing by me first duly sworn. on oath deposed atid says:
I. 'That Donnii Enternrise Inc. is the fce simple title owner of the property
describcd in the attachcd L,egal Description.
2. That Carl M. Sabatcllo is authorized to sign on behalf of Donnini Entemrisc Inc.
3. That Donnii Enterprise Inc. k requesting a Small Scale Futurc Land he
Amendment, Annexation. Rezoninii and Site Plan Review with minor
conditional use from the City of Palm Beach Gardens. Plorida.
4. 'l'hat 1)onnini Enterprise Inc. has appointed Gentile Holloway O'iMationev Rr
Associates, Inc. C% Sahatello Constniclion of Florida. Inc. to act as authorized
agent on thcir hehalfto accomplish the ahvc project.
__- P. 0. Box City, Statc, Zip Code
I
Applicant’s Certification
I/We affirm and certify that I/We understand and will comply with the land development
regulations of the City of Palm Beach Gardens, Florida. I/We further certify that the statements or
diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge
and belief. Further, I/We understand that this application, attachments, and application filing fees
become a part of the official records of the City of Palm Beyh Gardens, Florida, and are not
returnable.
Applicant is:
Owner
Optionee
Lessee
x Agent
Contract Purchaser
Dodi Buckmaster Glas, AICO
Print Name of Applicant
1907 Commerce Lane, Suite 101
Street Address
Jupiter, FL 33458
City, State, Zip Code
561-575-9557
Telephone Number
561 -575-520
Fax Number
dodi@,landscape-architects.com
Email Address
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SOUTH BUILDING ELEVATION
Northlake Boulevard Shell Station
Palm Beach Gardens
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Presented to:
Planning Zoning and Appeals Board
July 22,2008
Gentile
Holloway
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Site Location
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Action
6 Annexa In into the C' f Palm Beach
bardens
Future Land Use: Commercial
Zoning designation: General Commercial
Site plan application.
with minor conditional use.
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Existing Site Data
Located within Palm Beach County
d ithin Future
conditional use
Gentile
Holloway
OMahoney
Existino 0 Site Use
a Auto Service Station with repairs and
g a- -din(- sales
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Gentile
Holloway
O'Mahoney
303.1 S.F. Salc- Officc Are-
1,233.6 S.F. Sc- GI e B:-ys (3 Bays)
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Redesign and upgrade of site to include:
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Site Plan SITE DATA
Site area : .7lacres
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Gentile
Holloway
OHahoney
Existing Land Use: CL-1
Proposed Land Use: C
Existing Zoning: CN
Proposed Zoning: CG-I
Use: Gas Sales with convenience and
Parking
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fast food. Total 3,000 S.F.
Required: 15 spaces
Proposed: 15 spaces
Required: 15%
Proposed: 31.6%
Open Space
Setbacks Required Building Canopy
Front (north) 50’/25’ 128.5’
Rear (south) 15’/20’ 15’
Side (west) 1571 5’ 47.7’ 56.3’
Side (east) 40’/35’ 40’ 40.3’
Architecture
Upgraded architecture to incorporate true 4 sided design
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PALM BEACH CARDWS, RWDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
SUBJECTIAGENDA ITEM
PPUD-08-03-000019: - Diver’s Direct Planned Unit Development
Public Hearing & Recommendation to City Council: A request by Michael J. Sanchez on behalf of Holiday Diver, Inc.,
for rezoning from General Commercial (CG- 1) to a Planned Unit Development (PUD) Overlay with underlying General
Commercial (CG-1) zoning district and a site plan approval to allow for 3,710 square-foot expansion to the existing
retail building. The 1.37-acre site is located on the southwest corner of 1-95 and Northlake Boulevard.
[ X ] Recommendation to APPROVAL of the project with six (6) waivers and conditions of approval
[ X ] Recommendation to DENY one (1) waiver
Reviewed by:
City Attorney:
Max Lohman, Esq.
Development Compliance:
Growth Management
Kara f,. Irwin, AICP r.
Approved By:
City Manager:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Manager
Project
Senior Planner
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: July 11, 2008
Paper: Palm Beach Post
[XI Required
[ ] NotRequired
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
-$ %--
Tresha Thomas
Fees Paid: [ X ] Yes
Budget Acct.#:
NIA
PZAB Action:
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ 3 Public Workshop
[ ] Continued to:
Attachments:
Project Narrative
PBCTraffc
concurrency letter
Development Plans
Color Renderings
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
BACKGROUND
The 1.37-acre site is located at 4074 Northlake Boulevard at the southwest comer of the intersection of 1-95 and
Northlake Boulevard. The subject site was developed in 2000 with an approximately 10,038 square-foot retail dive
facility. At the time, the property was located outside of the limits of the City in unincorporated Palm Beach County. In
August of 2002, the subject site and newly constructed building were annexed into the City of Palm Beach Gardens and
designated as a commercial site with respect to zoning (Ordinance 22,2003) and land use (Ordinance 28,2003).
LAND USE & ZONING
The land-use designation of the site as shown on the City’s Future Land-Use Map is Commercial (C). The site currently
has a zoning designation of General Commercial (CG-1). The applicant is requesting approval to rezone to a Planned
Unit Development (PUD) Overlay/General Commercial (CG- 1) underlying zoning district. The zoning and land-use
designations of adjacent properties are as follows:
ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS
EXISTING USE ZONING LAND USE
Diver’s Direct Property
10,038 square-foot retail dive facility General Commercial (CG-I) Commercial (C)
Commercial (C) Intensive Commercial
Sunoco Convenience Store wl eas sales (CG-2)
South Residential Medium Density Residential Medium
j&t
Interstate 95
Sunset Drive Residential (RM)
NIA N/A
y&t
Sunset Drive Commercial &
Sunset Drive Residential
Commercial (C)
Residential Medium
(RM)
General Commercial (CG-I)
Residential Medium Density
(RM)
TRAFFIC CONCURRENCY
On April 8, 2008, Palm Beach County Traffic Engineering approved the project for 13,748 square feet of “General
Retail” use with a build-out date of 2009 (please see attached). On June 10, 2008, McMahon Associates, Inc., the
City’s traffic consultant had completed their review of the revised Traffic Impact Statement and that the project can be
approved for City traffic concurrency (please see attached).
Northlake Boulevard Overlay Zone (NBOZ)
It is important to note that the subject property is located within the Northlake Boulevard Overlay Zone (NBOZ). The
NBOZ was established to implement the objectives of the Northlake Boulevard Corridor Conceptual Streetscape Plan.
The NBOZ is a joint agreement between the City of Palm Beach Gardens, the Village of North Palm Beach, Town of
Lake Park and Palm Beach County. This agreement was established to improve the corridor by unifying design and
development themes, improving signage along the corridor and redevelopment to improve the areas economic
conditions.
PROJECT DETAILS
The current petition proposes a 3,710 square-foot expansion to the existing 10,038 square-foot retail dive facility. Two
access points will be provided to the site from Sunset Drive. The northernmost access drive (closest to Northlake
Boulevard) will be an “exit only” and the southernmost entrance will be used for ingresslegress to the site.
The proposed expansion to the south of the existing building will cause a shift in the parking area and southernmost
2
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
driveway to the south of the site. A new parking field to the south will be added to accommodate the additional needs of
parking as it relates to the proposed expansion. Also, the existing dumpster has been relocated and positioned to avoid
any conflicts with waste disposal trucks and vehicular traffic accessing the site.
As stated above, the southernmost driveway will be shifted to the south of the site and will be located approximately
101 feet from the centerline of Brenna Lane. The proposed shift of the driveway to the south has caused the Applicant
to request a waiver from the City’s Land Development Regulations (LDRs) to allow for a driveway separation of less
than 150 feet (please see waiver section).
Architecture
With this petition, the Applicant proposes significant architectural upgrades to the existing building and is in accordance
with the design standards set forth in the NBOZ. The proposed architecture of the building has been designed to
incorporate the ocearddive theme of the retail dive establishment with the introduction of a wave-like feature for the
building parapet. The entry points at the east and south sides of the building have been accentuated with a scored entry
tower in an accent color. Vertically oriented windows with louvered sun shades will be placed along the east and south
sides of the expansion.
The existing architecture is proposed to be modified with the introduction of columns with light features on all exposed
sides. In addition to the other modifications listed, a new standing-seam metal roof will be placed atop the existing
tower to further enhance the aesthetics of the building and create a stronger statement for the entry to the building.
Signaae
Currently, the building has two flavwall signs on each side of the tower feature above the main entry to the building.
The existing wall signs on the tower feature were approved by Palm Beach County prior to the property being annexed
into the City. The Applicant proposes to replace the two existing flat/wall signs with two new signs that incorporate the
company’s new design and logo. Staff has agreed to allow the Applicant to maintain these two signs since they were
permitted through the County, however, it is important to note that a waiver is required for the additional flat/wall sign
on the tower. The Applicant is requesting two waivers from the City’s sign code to allow for one additional flat/wall
sign on the tower feature and a third flat/wall sign on the east elevation of the building (please see waiver section). The
copy for the third sign will read “learn to dive” and is approximately 44.4 square feet. Staff does not support the
requested waiver.
The third signage waiver request is to allow the existing flagpole and scuba flag to remain on-site (please see waiver
section). Currently, the site contains a 65-foot flagpole with a dive flag that measures 15 feet by 25 feet. In 2002, the
City adopted the regulations that comprise the NBOZ. Through the adoption of these additional property regulations,
the existing flagpole and dive flag became nonconforming signage. According to the NBOZ, any nonconforming
signage may continue in operation for a period not to exceed ten years and then must be brought into compliance.
Landscapinz and Buffers
With this petition, the Applicant is significantly upgrading the landscaping on-site and will certainly improve the
aesthetics of the project. The Applicant has provided 10-foot landscape buffers along the south and west property lines,
and a six-foot high concrete wall has been included along the south property line to further screen the commercial use
from the adjacent residents. The Applicant is requesting a waiver for the landscape buffers located along the eastern and
northern property lines. Due to the site being developed within unincorporated Palm Beach County, the Applicant is
unable to provide the City’s required buffer width adjacent to 1-95 and Northlake Boulevard (please see waiver section).
However, the Applicant agreed to continue the existing 8-foot landscape buffer along the east property line to the south
into the new parking area.
Per City Code, general retail uses require one parking space per 250 square feet. The existing site has 52 parking
spaces. With the proposed expansion, the total square footage of the building would be 13,748 square feet. Therefore, a 55 parking spaces are required based on utilizing the rate for general retail. The Applicant has provided 55 spaces on the
3
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
proposed site plan. The Applicant is requesting a waiver to allow for the existing parking stalls located adjacent to
Northlake Boulevard to encroach into the required parking stall setback (please see waiver section).
Site Drainaze & Environmental
The project will have a water management system consisting of inlets, pipes, detention areas and an exfiltration trench.
The drainage system will incorporate storm-water runoff from the site drainage areas, treat for water quality and
discharge through an existing control structure to the 1-95 drainage system, following current drainage patterns. The
Applicant has stated the proposed system design criteria will meet the standards of the City, Florida Department of I Transportation and the South Florida Water Management District.
I CPTED Compliance
Crime Prevention through Environmental Design (CPTED) is a branch of situational crime prevention that maintains
the basic premise that the physical environment can be designed or managed to produce behavioral effects that will
reduce the incident and fear of crime. The Police Department has reviewed the site plan for the subject property, and
has provided staff with several comments pertaining to security on site and adherence to the CPTED principles, These
comments will be included in the development order as conditions of approval.
WAIVER REOUESTS
The applicant is requesting the following seven waivers:
12’
Minimum 15’ landscape
Maximum flagpole height of 65’ flagpole height 45’ for the
20’ & max. flag size of 5’ by
Minimum of 150’ driveway
separation
Approval (3) 78-229’ 5-
5, Flagpoles
Section 78-508’
Driveway
seDaration
& 15’ by 25’ dive
10’ flag 15’ for the flag
flagpole & 10’ by
101’ 49’ Approval (4)
Approval (5) 1 2 loading spaces 1 Section 78-364,
Loading Spaces -~
Minimum side setback of 30’
abutting residential
1 sign per business per street
frontage wl max. of two signs
78-153, Table 12 plus an additional 75’ when 24.9’ 80.1’ Approval (6)
78-229’ 5-
6, Permitted
Signs
1 new sign on east
1 existing sign on
the tower
3 signs elevation & Approval (7)
Denial (7)
WAIVER CRITERIA:
Section 78-158 (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.
I 4
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
L.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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.
WAIVER ANALYSIS:
(1) Applicant’s Justification: The Applicant is requesting a waiver from the Code which requires a minimum
landscape buffer width of twenty feet when located adjacent to public right-of-ways that are greater than 150
feet in width. The Applicant states that the site was originally developed and approved with only an eight-foot
wide landscape buffer along the east property line adjacent to Interstate 95, which is 680 feet in width.
Furthermore, the Applicant states that maintaining the existing buffer will allow for the drive-aisle and parking
on the east side of the building to continue southward in its current configuration into the newly constructed
parking area.
Staffs Recommendation: Staff agrees with the Applicant’s justification for requested waiver. Staff also
acknowledges that the Applicant agrees to continue the existing eight-foot buffer into the new parking area and
fill in landscaping within the existing buffer to further screen the use. Furthermore, City Code Section 78-228
within the NBOZ regulations states, the landscape regulations may be waived in whole or part by the
jurisdiction when a property owner has demonstrated that the requirements contained in this section will reduce
required parking, or substantially restrict the operation of the existing business or property’s use. Staff
recommends APPROVAL of this waiver request.
(2) Applicant’s Justification: The applicant is requesting a waiver from the Code which requires a minimum
landscape buffer width of fifteen feet when located adjacent to public right-of-ways that are between 11 1 to
150 feet in width. The Applicant states that the site was originally developed and approved with only a six-foot
wide landscape buffer along the northern property line adjacent to Northlake Boulevard, which is 120 feet
wide. The Applicant also states that any increase to the existing landscape buffer would cause a reduction in
parking and/or a disruption to the adjacent drive aisle.
Staffs Recommendation: Staff agrees with the Applicant’s justification for the waiver and acknowledges the
fact this is a redevelopment to an existing site that was developed outside the corporate limits of the City. It is
important to note that the Applicant has worked closely with the City Forester to exceed the Code requirements
for landscaping in the remaining areas of the site. Furthermore, the Applicant has provided 2,863 landscape
points whereas the Code only required 2,139 points. Staffrecommends APPROVAL of the waiver request.
Applicant’s Justification: The Applicant is requesting a waiver from the Code requirement which sets forth the (3)
5
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
maximum dimensions for flagpole height and flag size. Section 78-229, Table 5-5, contained within the NBOZ
regulations, requires that flagpoles do not exceed twenty feet in height and flags shall not be greater than 5 feet
by ten feet. The Applicant states that the flag and flagpole are integral components to the economic viability of
the retail dive facility’s business. The Applicant also states that the flag in no way hinders the aesthetics of the
corridor or is an impediment to the residents of the City.
Staffs Recommendation: City staff has reviewed the Applicant’s waiver request and is of the opinion that the
flagpole and/or flag does not negatively impact the surrounding community, however, staff has worked with
the City Attorney on a condition of approval that would require the flag and flagpole to be removed should the
retail dive business cease to operate (please see conditions of approval). The Applicant has notified staff that
they are in agreement with the condition of approval. The Staff recommends APPROVAL of this waiver
request.
(4) Applicant’s Justification: The Applicant is requesting a waiver from the Code which requires a minimum of
150 feet be maintained between the centerlines of street intersections. The proposed improvements will cause
the southernmost driveway to shift thirty-four feet to the south creating a centerline separation of 101 feet. The
Applicant states that Sunset Drive and Brenna Lane are dead-end streets and have very little traffic volumes;
and virtually all traffic entering the southernmost driveway of the site will be coming from Northlake
Boulevard instead of from the south and that the shift of the existing driveway 34 feet to the south will not
cause any adverse traffic impacts.
Staffs Recommendation: Staff acknowledges that the centerline of existing southernmost driveway was
located 135 feet from the centerline of Brenna Lane and was nonconforming at the time the City annexed the
site. Staff agrees that shifting the driveway an additional thirty-four feet to the south will not cause any adverse
impacts to the local roadways. Staffs professional opinion is that the proposed improvements to the
northernmost driveway will significantly improve the vehicular traffic flow exiting Sunset Drive onto
Northlake Boulevard and will improve traffic flowing into and out of the site. The Staff recommends
APPROVAL of this waiver request.
Applicant’s Justification: The Applicant is requesting a waiver from the Code which required that commercial
buildings that are between 10,001 to 50,000 square feet in size provide a minimum of two loading spaces. The
Applicant states that the retail portion of the building will remain the same size and that the addition of the
pool area does not further the intensity of the existing loading activities associated with the retail portion of the
store. The Applicant also states that the Florida Building Code requires that an accessible route be provided
from each of the required means of egress to a public way (Sunset Drive or Northlake Boulevard). The
provision of a loading space along the south portion of the building would preclude the provision of a sidewalk
from the egress double doors on the south side to Sunset Drive without having to redesign the proposed layout.
(5)
Staffs Recommendation: Staff agrees with the Applicant’s justification, due to the fact, that the site is being
redeveloped and an additional loading space would cause a reduction in parking and disrupt the adjacent drive
aisle. Furthermore, staff is of the opinion that sufficient loading areas exist on-site and that an additional
loading area could potentially cause a conflict with vehicular traffic circulating around the building. The Staff
recommends APPROVAL of this waiver request.
(6) Applicant’s justification: The Applicant is requesting a waiver from the Code which requires a minimum 30-
foot side building setback from the property line. Section 78-153, Table 12, also requires an additional 75-foot
building setback non-residential properties when abut residential zoning districts. The west property line of the
site is adjacent to both commercial and residential zoning districts. The Applicant states that the proposed
expansion maintains the existing 24.9-foot setback of the building, thus a waiver for 80.1 feet is requested for
the existing condition. Furthermore, significant landscaping has been placed at the southernmost entrance and
along the west side of the building to provide additional buffering between the subject site and the residential
uses to the west.
Staffs Recommendation: Staff agrees with the Applicant’s justification and acknowledges that the subject site
was developed outside of the corporate limits of the City and did not meet the setbacks at the time of
annexation. Staff has worked closely with the Applicant to screen the building from the adjacent residential
6
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
zoning district with increased landscaping alongside the west elevation of the building. Staff recommends
APPROVAL of this waiver request.
Applicant’s Justification: The Applicant is requesting a waiver from the NBOZ regulation, which limits the
number of wall signs for a business to one per street frontage with a maximum of two signs. Currently, the
building contains two flatlwall signs on the existing tower feature along Northlake Boulevard. The Applicant is
proposing to install a sign on the southern end of the east elevation of the newly constructed addition, which
will read “Learn to Dive.” The Applicant states the visibility from Interstate 95 is critical to the success of a
business that expends the resources to locate upon the highly valuable land adjacent to the highway. The
Applicant also states that the proposed signage has been designed to be compatible with the architecture of the
proposed expansion and existing building.
(7)
a
Staffs Recommendation: The subject site has two existing tenant signs on the tower feature facing Northlake
Boulevard. Staff is recommending approval of the waiver request for the existing flatlwall sign on the tower
feature because the Applicant has provided sufficient justification to support the additional sign. However,
staff recommends denial of the waiver request to allow a third flatlwall sign on the east elevation that reads
“Learn to Dive.” Staff does not agree with the Applicant basing the justification for the waiver due to the need
for visibility from Interstate 95. It is important to note, that staff is recommending approval for the existing 65-
foot flagpole and associated flag which can easily be seen from Interstate 95 and adjacent right-of-ways. Staff
believes that an additional flatlwall sign on the building is completely unnecessary and that the existing
signage is more than sufficient for the site.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Petition PPUD-08-03-000019 with six waivers and denial of one waiver, with
conditions of approval below:
Planning and Zoning 0 -
1. Prior to the issuance of the Certificate of Occupancy for the expansion, the applicant shall plat the site to
include all existing and proposed easements and like encumbrances, in accordance with LDR Section 78-446,
for City Council approval. (Planning & Zoning and City Engineer)
2. Prior to initiation of vertical construction, the Applicant shall install a six-foot tall construction fence with a privacy
tarp adjacent to Brenna Lane and Sunset Drive. (Planning & Zoning)
3. All on-site lighting shall be cast downward and shielded from adjacent properties. (Planning & Zoning)
4. Prior to the issuance of the Certificate of Occupancy for the expansion, all roof top and ground mounted
mechanical equipment shall be screened from view. (Planning & Zoning)
5. The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the
closing of any public sidewalk. (Planning & Zoning)
6. Should the retail scuba/dive business cease to operate for a period of time not to exceed three months, the
flagpole and flag shall be removed from the subject site. (Planning & Zoning)
Landscaping
7. Prior to the issuance of the Certificate of Occupancy for the expansion, the Applicant shall restore or replace
all existing landscaping as indicated on the approved plan for the entire property. (City Forester)
8. Prior to the issuance of the Certificate of Occupancy for the expansion, the Applicant shall remove all
prohibited and invasive non-native plants from the site. Once all removal work has been completed, the
Applicant shall work with the City Forester to install native material to reasonably fill in gaps left from the
removal of exotic vegetation. (City Forester)
7
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
9. Prior to the issuance of the first building permit for vertical construction, the Applicant shall submit FP&L- 0 and SUA-approved landscape plans for review and approval by the City. (City Forester)
10. Prior to the first land alteration permit, funds shall be placed in escrow or a surety bond provided for an amount
equal to 1 10% of the estimated cost for landscaping. (City Forester)
11. Prior to the Certificate of Occupancy for the expansion, the Applicant successors and assigns shall install
landscaping and irrigation according to the approved plan along Northlake Boulevard road shoulder and their
fare share of the median maintenance from the eastern property terminus to the western property terminus.
(City Forester)
12. The Applicant, successors and assigns shall maintain the landscaping and irrigation along the Northlake
Boulevard road shoulder and their fair share of the median maintenance from the eastern property terminus to
the western property terminus.
Engineering
13. Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer)
14. The applicant shall consider restricting all truck ingress and egress traffic to the south drive entrance, do to the
proximity of the north drive with the intersection of Northlake Blvd. (City Engineer)
15. Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer.
(City Engineer)
0 16. Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide a
cost estimate and surety in accordance with LDR Section 78-309 and 78-461 and a cost estimate for on-site
project improvements, not including public infrastructure, or landscaping and irrigation costs for review and
approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect
registered in the state of Florida and shall be posted with the City, prior to the issuance of the first land
alteration permit. (City Engineer)
17. The construction, operation and/or maintenance of any elements of the subject project shall not have any
negative impacts on the existing drainage of surrounding areas. If, at any time during the project development,
it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts
caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a
manner acceptable to the City prior to additional construction activities. (City Engineer)
18. Prior to issuance of the first land alteration permit, applicant shall submit signed/sealed/dated construction
plans (paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment. (City
Engineer)
19. Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule
a pre-permit meeting with City staff. (City Engineer)
20. Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of
authorization from the applicable utility companies allowing landscaping and light poles to be placed within
the utility easements. (City Engineer)
Police Department
2 1. Prior to the issuance of the Certificate of Occupancy for the expansion, all current and proposed on-site lighting
shall be clearly marked on blue prints. All exterior on site lighting shall utilize proper pole height per city code,
and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department and 0
8
Date Prepared: June 11,2008
Meeting Date: July 22,2008
Petition: PPUD-08-03-000019
shall not conflict with planted landscaping. Luminaire type should optimize light distribution and minimize glare
and up lighting. (Police Department)
22. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 24” in
height, and high branched trees should be trimmed to seven feet. (Police Department)
23. Prior to the issuance of the first Certificate of Occupancy for the expansion, the Applicant shall provide
photocell sensor engaged lighting, “dusk to dawn”, above or near entryways, on all four sides of building and
adjacent sidewalks for said building. (Police Department)
24. Prior to the issuance of the first Certificate of Occupancy for the expansion, all entry doors (non-glass
single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened
deadbolt locks shall be provided on all exterior/interior doors with a minimum one (1) inch throw or
mechanical interlock.. Doors secured by electrical operation shall have a keyed-switch or signal locking device
to open the door when in the locked position. Exterior doors should have a holding force of at least 10001bs.
Door hinges shall employ non- removable hinges, and the main entries to the building shall be wired for
closed-circuit digital camera surveillance system. (Police Department)
25. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and
management plan for review and approval by the Police Department. Non-compliance with the approved
security and management plan may result in a stop-work order. (Police Department)
26. Prior to the issuance of the Certificate of Occupancy for the expansion, the rear door of the building shall have
an illuminated 6 inch number on or alongside the door. (Police Department)
27. Prior to the issuance of the Certificate of Occupancy for the expansion, roof top numbers shall be placed parallel
to the addressed street, only visible from the air. The numerals should be blocked lettered, weather resistant
material, four feet in height and 18 inches wide. (Police Department)
- Miscellaneous
28. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the
issuance of the first Certificate of Occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance
Office).
29. Applicant shall notify the City’s Public Works Division at least 10 working days prior to the commencement of
any worldconstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the
case of a city right-of-way, the applicant has at least five working days to obtain a right-of-way permit. Right-
of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in
a Stop Work Order of all workkonstruction activity within the public right-of-way and the subject
development site. (Public Works)
9
.April 8, 2008
Department of Engineering
and Public Works
P.O. Box 21229
West Palin Beach, FL 3341 6- 1229
(561) 684-4000
www,pbcgov.com
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santarnaria
County Administrator
Robert Weisman
"An Equal Opportunity
arive Acoan Empfoyer " 0
Mr. Richard J. Marrero, AlCP
Sr. Planner - City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 3341 0-4698
RE: Diver's Direct
Project #: 08031 5
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Richard:
The Palm Beach County Traffic Division has reviewed the Traffic Study for the proposed
expansion project entitled Diver's Direct, pursuant to Palm Beach County Land
Development Code. The project is summarized as follows:
Location:
Municipality:
PCN #:
Existing Uses:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-Ou t:
4074 Northlake Boulevard. West of 1-95, south side of
Northlake Boulevard.
Palm Beach Gardens
10,038 SF General Retail
Addition of 3,710 SF General Retail, for a total of 13,748
SF
326
2 AM and 17 PM
Year End 2009
54-42-42-24-00-000- 1240
Based on our review, the Traffic Division has determined that the proposed 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 you have any questions regarding these comments, please contact me at 684-4030.
Sincerely,
Masoud Atefi,f6
TPS Administ ator,
MA:sf
cc: Kimley-Horn & Associates Inc.
icipalities - Traffic Division
McMahon & Associates, Inc.
File: General - TPS - Mun - Traffic Study Review
N:\TRAFFIC\rna\Admin\ApprovaIs\2008\080308.doc
@ prinlod on rscycledpapor
J H.NSTON GROUP
Divers Direct Expansion
4074 Northlake Boulevard
Palm Beach Gardens, Florida
Application for Planned Unit Development Approval
PROJECT N AR R AT WE
Revised May 14,2008
REQUEST
Johnston Group Land Development Consultants, Inc. ("Johnston Group"), on
behalf of Holiday Diver, Inc. ("Owner"), respectfully requests approval of a
Planned Unit Development to allow for a 3,710 square-foot expansion and
certain architectural and signage enhancements ("Project") to the existing retail
building located at the southwest corner of Interstate 95 and Northlake
Boulevard at the above-referenced address ("Site"). The Site comprises
approximately 1.4 acres. 0
BACKGROUND INFORMATION
Project History
The Site was developed in 2000 with an approximately 10,038 square-foot retail
dive facility. At the time, the Site was outside of the limits of the City in
unincorporated Palm Beach County. In August of 2002, the Site and newly
constructed building were annexed into the City of Palm Beach Gardens and
designated as a commercial site with respect to zoning (Ordinance 22, 2003)
and land use (Ordinance 28,2003).
Zoning & Future Land Use
The subject property is located within the General Commercial (CG1) zoning
district and has a future land-use designation of Commercial (C). The site is also
subject to the zoning requirements of the Northlake Boulevard Overlay Zone
(NBOZ).
Permitted Uses
Divers Direct Expansion
Project Narrative
May 14,2008
Page 2 of 14
The property is subject to the permitted uses of the General Commercial (CG1) 0
zoning district and the NBOZ.
SURROUNDING USES
Existing uses surrounding the site are summarized as follows:
PROPOSED EXPANSION
The subject application involves a request to construct an approximately 3,710
square-foot expansion to the existing retail facility and associated site
improvements, as well as architectural and signage enhancements to the
building. The details of each of the aforementioned components of the request
follow:
0
Building Expansion
The Site contains an approximately 1/3-acre vacant area of land to the south of
the existing parking lot on the south side of the building that is included within
the overall boundaries of the Site. The proposed expansion will extend the entire
width of the building approximately 45 feet to the south of the existing building,
thereby necessitating a shift in the parking area and southernmost driveway to
the south (see Site Modifications section below). The new 3,710 square foot
addition will be comprised of an indoor pool with shower and locker facilities
that will be utilized for all levels of scuba instruction as an ancillary component of
the retail dive facility.
The City’s Land Development Regulations require that a minimum 75-foot
building setback be maintained on all nonresidential properties abutting a
residential zoning district. Said minimum setback has been provided at the
south property line; however, based on the location of the existing building, the 0
Divers Direct Expansion
Project Narrative
May 14,2008
Page 3 of 14
required 75-foOt setback along the west property line could not be provided. A
waiver from the City’s Land Development Regulations has been requested to
provide for same (please see “Waivers” section of this narrative).
Architec t ural Improvements
The architectural style of the expansion has been designed to further the
ocean/dive theme of the retail dive establishment with the introduction of a
wave-like feature for the building parapet. The entry points at the east and
south sides of the building have been accentuated with a scored entry tower in
an accent color. Vertically-oriented windows with louvered sun shades will be
placed along the east and south sides of the expansion.
The architecture of the existing building is being enhanced with the introduction
of vertical column-like features with light fixtures on all exposed sides of the
structure. A new standing-seam metal roof will be placed atop the existing
tower to further enhance the aesthetics of the building.
Site Modifications
As stated above, the expansion to the south side of the building necessitates a
shift in the parking area and southernmost driveway to the south into the vacant
portion of the existing Site. The existing configuration of the drive isle and
parking on the east side of the Site in terms of width and proximity to the east
property line will be continued to the south. The remainder of the new parking
spaces will be positioned in an east/west direction on the south side of the
southernmost driveway.
With regard to the southernmost driveway, the centerline of the existing
driveway is approximately 135 feet from the centerline of Brenna Lane to the
south. The proposed improvements will the shift the driveway approximately 34
south creating a centerline separation of 101 feet between driveways. A waiver
from the City’s Land Development Regulations has been requested to provide
for same (please see ‘I Waivers” section of this narrative).
L a n ds c CI pin .g
The required 10-foot landscape buffer has been provided along the south and
west property lines, and a six (6) foot high concrete wall has been included
along the south property line to provide screening for the residents to the south.
Given the existing conditions on the site, the existing eight (8) foot wide
landscape buffer along the east property line was continued to the south into
Divers Direct Expansion
Project Narrative
May 14,2008
Page 4 of 14
the new parking area in order to provide a logical transition from the existing site 0
to the newly constructed area. Since the LDRs require a 20-foot buffer along
rights-of-way greater than 150 feet in width, a waiver from the City’s Land
Development Regulations has been requested to maintain the existing eight (8)
foot buffer on the east property line (please see “Waivers” section of this
narrative).
The landscape theme of the existing Site has been continued into the affected
area. Live Oak, Gumbo Limbo, East Palatka Holly, and Mahogany are proposed
within and adjacent to the parking areas; Coconut Palms will flank the
southernmost entrance including two (2) that will be relocated from elsewhere
on site to accommodate the expansion; and eight (8) Sabal Palms are
proposed within the new parking area, all of which will be relocated from
elsewhere on site. A variety of medium and low shrubs are also proposed within
the affected area of construction.
Traffic Conc urrenc y
The applicant has prepared a traffic analysis (enclosed herewith) that
demonstrates that the proposed expansion has a de minimus impact on the
road network and meets the Traffic Performance Standards of Palm Beach
County and the City of Palm Beach Gardens.
0
Parkinq
The existing Site contains 52 parking spaces. When calculated utilizing the rate
for retail uses, the required parking for the newly expanded building is 55 spaces.
Fifty five (55) spaces are being provided on site.
Stormwater Drainaqe
The project will have a water management system consisting of inlets, pipes,
detention areas and exfiltration trench. The drainage system will incorporate
stormwater runoff from the site drainage areas, treat for water quality and
discharge thru an existing control structure to the 1-95 drainage system, following
current drainage patterns. The system design criteria will meet the standards of
the City of Palm Beach Gardens, Florida Department of Transportation and the
South Florida Water Management District.
Water & Sewer Utilities
Divers Direct Expansion
Project Narrative
May 14,2008
Page 5 of 14
The existing building is currently served by a service line extending from a water
main running north/south along the east side of Sunset Drive. The existing water
meter and back flow preventer will be relocated to the south side of the new
entrance, and a new service line constructed to serve the existing building and
new expansion.
With regard to wastewater, the existing building is served by a septic system
since there is no existing sewer system adjacent to the property. The project civil
engineer has met with the Palm Beach County Health Department and
Seacoast Utility Authority regarding the proposed expansion and has
determined that the existing septic system may be expanded to accommodate
the proposed building expansion, including the showers and bathrooms that will
be included therein. Approvals from both of the aforementioned entities will be
obtained as part of the permitting process for the Project.
Divers Direct Expansion
Project Narrative
May 14,2008
Page 6 of 14
SIGNAGE ENHANCEMENTS
The existing retail building has two (2) wall signs on the northwest and northeast
faces of the tower feature. The applicant proposes to replace both signs to
reflect the latest design of the company’s name and logo that contains red
letters and a red, black and white logo. The applicant also proposes to add a
third wall sign on the south end of the east elevation that reads “Learn to Dive”
in white channel letters. The proposed size of each sign and the allowable sizes
of each based on the City’s LDRs are below:
$Inn and Sian
Location
“Divers Direct’’ on
northwest face of
tower
“Divers Direct” on
northeast face of
tower
“Learn to Dive” on
east elevation
(south end)
Allowable
Dimensions
Dimension of
building elevation
facing north
including tower
facing northwest =
47 x 1 sf per 1 !h x
length of elevation
= 70.5 sf max sign
area
Dimension of
building elevation
facing northeast
including tower =
62’-1 1 ’I x 1 sf per 1 !h
x length of
elevation = 94 sf
rnax sign area
Dimension of
building elevation
facing directly east
= 139’-9” x 1 sf per 1
!h x length of
elevation = 208 sf
rnax sign area
Proposed
Dimensions
14’ long x 52” tall =
60.6 sf
14’ long x 52” tall =
60.6 sf
20’-6” long x 26” tall
= 44.4 sf
Notes
Third sign requires
a waiver from the
City’s LDRs
(please see
”Waivers” section
of this narrative).
WAIVERS
The following is a list of the six (6) waivers being requested along with the
justification for each waiver:
1. Parkinq Lot Setback and Buffer along Northlake Boulevard: Section 78-228
of the City’s LDRs requires that the site have a minimum 20-foot landscape
Divers Direct Expansion
Project Narrative
May 14,2008
Page 7 of 14
buffer along Northlake Boulevard. Section 78-230 of the LDRs requires that
the parking lot along Northlake Boulevard have a setback of 15 feet. The
existing site was developed with a six (6) foot wide landscape buffer and
parking lot setback along Northlake Boulevard.
City Code Section 78-225(c) (1 ) states that all renovation, additions, or
redevelopment where the cost of such is GREATER than 50% of the
assessed improvement value of the parcel, indicated on the most recent
tax roll of Palm Beach County Property Appraiser, or an increase of
greater than 20% of the square footage of the existing structure shall
conform -to 100% of the Northlake Boulevard Overlay Zone (NBOZ)
regulations. Due to the fact that the proposed building expansion is
greater than 20% of the existing building square footage, and due to the
fact that the existing six (6) foot setback and landscape buffer do not
meet the City’s LDRs, the staff has requested that the applicant request a
waiver to provide for the continuance of the existing landscape buffer.
The applicant is not proposing to change the landscape buffer since any
increase in the buffer would create a reduction in parking and/or a
disruption to the adjacent drive isle and respectfully requests the City’s
consideration in this waiver request.
2. Landscape buffer alonq Interstate 95: Section 78-228(k)( 1)c. of the City’s
LDRs requires a minimum landscape buffer of at least 20 feet in width on
lands located adjacent to public rights-of-way that are greater than 150
feet in width. The east buffer of the Site is adjacent to the southbound
Interstate 95 on ramp. The width of the Interstate 95 right-of-way adjacent
to the property is approximately 680 feet in width, thus requiring a 20-foot
wide landscape buffer along the east property line. However, the Site
was originally approved and designed with only an eight (8) foot wide
landscape buffer along the east property line. Due to the proximity of the
existing building in relation to the existing drive isle and parking along the
east side of the building, the only logical design for the landscape buffer
along the east property line is a continuation of the existing eight (8) foot
wide buffer to the south. Such a design will allow for the drive isle and
parking on the east side of the building to continue southward in its
current configuration into the newly constructed parking area.
3. Setback alona west property line: Section 78-153, Table 12 of the City’s
LDRs requires that nonresidential properties abutting a residential zoning
district maintain a 75-foot setback. As noted in the City’s zoning map
found on the following page, the west property line of the Site is adjacent
to both commercial and residential zoning districts. However, due to the
Divers Direct Expansion
Project Narrative
May 14,2008
Page 8 of 14
setback of the existing building in relation to the west property line,
establishing a 75-foot setback from the west property line for the building
expansion would render the drive isle on the east side of the building
useless. The proposed expansion maintains the 24.9-foot setback of the
existing building. Significant landscaping has been placed at the
southernmost entrance and along the west side of the building to provide
additional buffering between the Site and the residential uses to the west.
Additionally, it should be noted that the main entrance of the building is
on the north elevation of the building away from residential uses.
I
I
I
Site
3. Flag Pole: Section 78-229, Table 5-5 of the City’s LDRs requires that the
maximum height of a flag pole within the NBOZ be no greater than 20
feet, and the maximum dimension of a flag be no greater than 5 feet by
10 feet.
The existing building on the Site was originally developed specifically to
accommodate the retail dive business that currently exists thereon. Prior
to the development of the Site, the (then) tenant (now property owner)
negotiated with the developer of the site to maintain the approximately
65-foot-tall flag pole that existed on site from the previous used car sales
use so that it could erect a approximately 15 foot x 25 foot dive flag to
advertise its primary function of the sale of dive equipment for passersby
along Interstate 95. The fact that the Site had such a flag pole that could a
Divers Direct Expansion
Project Narrative
May 14,2008
Page 9 of 14
be maintained, along with the location of the site, was the impetus to
having the tenant proceed with the location of its business to the Site. At
the time, the tenant had a reasonable expectation when making the
financial investment into the facility that it could maintain such a flag pole
to ensure the viability of its business. Accordingly, the configuration of the
building and Site was designed and constructed around the existing pole
so that it could be maintained.
In 2002, the City of Palm Beach Gardens, the Town of Lake Park, the
Village of North Palm Beach, and Palm Beach County adopted the
Northlake Boulevard Overlay Zone (NBOZ) in order to further the aesthetic
qualities and the economic viability of the Northlake Boulevard Corridor,
wherein the aforementioned criteria for flags and flag poles was adopted.
Unfortunately, by way of the adoption of the new regulations, the
previously approved flag pole and flag at the Site were rendered
nonconforming.
The applicant, by way of this petition, is requesting a waiver from the
City’s LDRs to provide for the legalization of the flag pole and flag that
have been in existence for over at least six (6) years and provide a lifeline
to ensure the viability of the existing business for years to come. In the
opinion of the applicant, the subject flag has become of a positive
symbol of the intersection of Northlake Boulevard and Interstate 95 in the
City of Palm Beach Gardens and in no way hinders the aesthetics of the
corridor or is an impediment to the residents of the City. The flag is vital to
the success of the existing business, and the applicant respectfully
requests the City’s consideration in allowing the flag and flag pole to
maintain status quo.
4. Additional wall siqn on east elevation: Section 78-229, Table 5-6 of the City
LDRs limits the number of wall signs for a business to one (1) sign per street
frontage with a maximum of two (2) signs. The existing building contains
two (2) signs on the existing tower feature along Northlake Boulevard,
which the applicant is proposing to replace with updated signage (no
waiver required). The applicant is also proposing to install a sign on the
southern end of the east elevation on the newly constructed expansion
that reads “Learn to Dive.” The proposed sign falls well within the City’s
requirements in terms of area but requires a waiver since it is the third sign
on the building.
The subject site presents a unique situation in that it located at the
intersection of two of the busiest roadways in Palm Beach County. The e
Divers Direct Expansion
Project Narrative
May 14,2008
Page 10 of 14
existing signage on the tower is visible from Northlake Boulevard and a
southbound Interstate 95. However, drivers in the northbound direction
cannot easily view the signage on the tower feature. Thus, the applicant
is requesting a third sign be permitted on the site to be located on the
east elevation to advertise to drivers heading in a northbound direction.
As has been stated by other businesses requesting approvals from the
City, visibility from Interstate 95 is critical to the success of a business that
expends the resources to locate upon the highly valuable land adjacent
to the highway. The proposed signage has been designed to be
compatible with the architecture of the soon-to-be-renovated and
expanded building and the new signage on the tower feature.
Furthermore, it is the applicant's opinion that the proposed building
signage meets the intent of the City's sign code, which is to avoid visual
pollution. Due to the location and configuration of this building, the
introduction of the third (moderately-sized) sign as proposed will be far
more appealing that than it would be if the applicant were to install two
(2) larger signs on the building, as is permitted by code without the need
for a waiver. As a practical matter, the applicant is forgoing the
substantial available sign area allocation in order to ensure that the
building remains visually appealing.
5. Centerline distance between driveways: Section 78-508 of the City's LDRs
require that a minimum 150 feet be maintained between the centerlines
of street intersections. The centerline of the existing southernmost
driveway is approximately 135 feet from the centerline of Brenna Lane to
the south. With the construction of the proposed improvements, said
driveway will the shift approximately 34 feet south creating a centerline
separation of 101 feet between driveways, thus requiring a waiver from
the City's LDRs. The applicant has made every effort to maximize the
distance between the southernmost driveway and Brenna Lane when
designing the site modifications. However, due to fact that (1) both
Sunset Drive and Brenna Lane are dead-end streets and have very little
traffic volumes; and (2) virtually all traffic entering the southernmost
driveway of the Site will be coming from Northlake Boulevard instead of
the from the south, the applicant believes that there will be no traffic
conflicts created with the shift of the existing driveway 34 feet to the south
and respectfully requests approval of same.
6. Number of loading spaces: Section 78-364 of the City's LDRs requires that
commercial structures that are between 10,001 to 50,000 square feet in a
Divers Direct Expansion
Project Narrative
May 14,2008
Page 11 of 14
size contain a minimum of two (2) loading spaces. The existing facility is
10,038 square feet and contains one (1 ) loading space, which the Owner
has stated is more than enough to serve the loading operations of the
facility.
Given the increase in square footage and the above-referenced code
requirement related to loading spaces, the applicant had originally
proposed two (2) loading spaces as required by code. However, as the
design of the site progressed and further thought was given to the need
for a second loading space on site given the low volume of use of the
existing loading space, it was decided to pursue a waiver request to allow
for the provision of only one (1 ) loading space on site as currently exists
today. The justification for same is based on the following:
*:e All merchandise and equipment that is brought into the store enters
through the double doors on the east elevation that is adjacent to
the existing loading area on the east side of the building into the
equipment and storage area.
*:* The retail portion of the store along with all associated uses (i.e.
storage, bathrooms, etc.) will remain at approximately 10,000
square feet, which would require only one (1 ) loading space. The
addition of the pool area does not further the intensity of the
existing loading activities associated with the retail portion of the
store. Thus one (1 ) loading space is sufficient.
*:* The addition of a second loading space increases the amount of
impervious, non-landscaped area on the site leading to a less
environmentally-friendly project.
*:e The Florida Building Code requires that an accessible route be
provided from each of the required means of egress to a public
way (Sunset Drive or Northlake Boulevard). The provision of a
loading space along the south portion of the building would
preclude the provision of a sidewalk from the egress double doors
on the south side to Sunset Drive without having to redesign the
proposed layout.
COMPLIANCE WITH WAIVER CRITERIA
Section 78-158(i) of the City's LDRs lists criteria, a majority with which all waiver
requests must comply. Below are the aforesaid criteria followed by the
applicant's demonstration that all of the requested waivers meet the criteria for
the granting of a waiver by the City Council (Note: The demonstration of
compliance with the criteria below is the same for all waivers being requested). 0
Divers Direct Expansion
Project Narrative
May 14,2008
Page 12 of 14
1. The request is consistent with the city's comprehensive plan. a
Demonstration of Compliance: The requests are consistent with the City's
Comprehensive Plan.
2. The request is consistent with the purpose and intent of this section.
Demonstration of Compliance: The requests are consistent with the
purpose and intent of the City's Land Development Regulations.
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.
Demonstration of Compliance: The proposed site, landscape and
architectural design furthers the City's goals, objectives and policies by
enhancing the architectural significance of the project, establishing
pedestrian connections, enhancing the employment opportunities within
the City, and establishing a destination for residents of the City.
4. The request demonstrates that granting of the waiver will result in a 0
development that exceeds one or more of the minimum requirements for
PUDs.
Demonstration of Compliance: The development exceeds more than
one of the minimum requirements of a PUD including open space and
landscape points.
5. The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
Demonstration of Compliance: Since the site was developed in
unincorporated Palm Beach County and certain existing improvements
do not meet the City's Code requirements, certain waivers are necessary
to maintain the existing conditions. The criterion above is not applicable
to this project.
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. a
Divers Direct Expansion
Project Narrative
May 14,2008
Page 13 of 14
Demonstration of Compliance: There are no valuable natural resources on
the site.
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.
Demonstration of Compliance: The request demonstrates a public
benefit with: (1) the renovation of the existing building that will be a
significant improvement from the design of the existing structure; and (2)
the provision of pedestrian pathways to increase safety for those exiting
the building in an emergency situation.
8. Sufficient screening and buffering, if required, are provided to screen
adjacent uses from adverse impacts caused by a waiver.
Demonstration of Compliance: Although no waivers are being requested
that will cause an adverse impact on adjacent properties, a six (6) foot tall
concrete wall and a significant landscape buffer is being proposed along
the south property line. Further, a significant landscape buffer with a
berm is being proposed along the west property line, south of the
southernmost entrance to further screen the parking area from adjacent
residents.
9. The request is not based solely or predominantly on economic reasons.
Demonsfration of Compliance: The requests are not based on economic
factors.
10.The request will be compatible with existing and potential land uses
adjacent to the development site.
Demonstration of Compliance: The proposed site design has been
designed to be compatible with the existing and potential land uses
adjacent to the 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.
Divers Direct Expansion
Project Narrative
May 14,2008
Page 14 of 14 0
Demonstration of Compliance: The requested waivers demonstrate that
(1) the development will be in harmony with the purpose and intent of the
City’s LDRs; and (2) the waivers will certainly not be injurious to the area or
detrimental to the public health, safety and welfare.
CLOSING
As evidenced by the enclosed plans and information, the applicant is making
improvements to the property that will significantly enhance the aesthetics of
the site and the building. The proposed improvements will’allow Divers Direct to
continue its successful operation in the City of Palm Beach Gardens thus
providing a necessary service and retail facility for the residents of the City and
the surrounding areas. The proposed expansion has been tastefully designed,
the site modifications thoroughly thought through, and the requested waivers
adequately justified. Johnston Group looks forward to working with the City to
bring this project to fruition.
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COMMENTS FROM THE PUBLIC Request to Address City Council Please Print City: P6&7 ~ ~~~ ~~ 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.