| 2012-10-25 19:20:13 | PLANNING: **** FAILED *** |
| | |
| | COMMENT 1. RESPOND TO COMMENTS IN WRITING. |
| | |
| | COMMENT 2. A SITE PLAN WAS SUBMITTED, AND COMMENTS WERE |
| | MADE AS PART OF THE REVIEW. ALL SITE DATA NEEDS TO BE |
| | SUBMITTED ON THE SITE PLAN, INCLUDING THE REGULATIONS |
| | OF THE URBAN MARKET GARDEN REGARDING THE RULES OF USE |
| | (SEE BELOW). STAFF HAS MET WITH THE APPLICANT AND |
| | LANDSCAPE ARCHITECT ON VARIOUS OCCASIONS TO GO OVER |
| | WHAT THE REQUIREMENTS ARE FOR LANDSCAPING . STAFF IS |
| | AWAITING SUBMITTAL OF LANDSCAPE PLANS FOR REVIEW. THE |
| | PROJECT WILL BE IN III PHASES, ONE PHASE PER YEAR, |
| | PRIOR TO FINAL APPROVAL OF THE URBAN MARKET GARDEN, A |
| | LEASE AGREEMENT WILL HAVE TO EXECUTED FOR THE APPLICANT |
| | TO USE THE SUBJECT CITY PROPERTY. |
| | |
| | THE URBAN MARKET GARDEN SHALL COMPLY WITH THE FOLLOWING |
| | SPECIFIC REQUIREMENTS: |
| | |
| | 1. MAINTENANCE RESPONSIBILITIES. THE OWNER OF THE |
| | PROPERTY ON WHICH THE URBAN MARKET GARDEN IS LOCATED |
| | SHALL BE RESPONSIBLE FOR MAINTAINING THE PROPERTY SO |
| | THAT IT DOES NOT BECOME OVERGROWN WITH WEEDS, INFESTED |
| | BY INVASIVE EXOTIC PLANTS OR VERMIN, OR A SOURCE OF |
| | EROSION OR STORMWATER RUNOFF AND SHALL MEET THE |
| | APPLICABLE REQUIREMENTS OF THIS CODE. |
| | |
| | I. ABANDONMENT ? IN THE EVENT THAT THE URBAN MARKET |
| | GARDEN USE IS NOT IN OPERATION FOR 60 CONSECUTIVE DAYS, |
| | THE APPROVAL FOR USE AS AN URBAN GARDEN MARKET SHALL |
| | EXPIRE AND THE SITE SHALL BE RESTORED PURSUANT TO |
| | SECTION 94-450; AND, |
| | |
| | 2. ORGANIC PRACTICES. THE USE OF SYNTHETIC CHEMICAL |
| | MATERIALS AND/OR CHEMICALS, SUCH AS THOSE FOUND IN |
| | PESTICIDES, HERBICIDES, WEED KILLERS, INSECTICIDES, AND |
| | FERTILIZERS, IS PROHIBITED. THE USE OF MATERIALS AND |
| | PRACTICES USED FOR ORGANIC PRODUCTION FOUND IN THE |
| | ORGANIC MATERIALS REVIEW INSTITUTE (?OMRI?) GUIDELINES |
| | IS STRONGLY ENCOURAGED. |
| | |
| | 3. DRAINAGE. THE SITE SHALL BE DESIGNED AND MAINTAINED |
| | TO PREVENT DRAINING ONTO ADJACENT PROPERTY. |
| | |
| | 4. ENVIRONMENTAL ASSESSMENT. ANY PERSON OR GROUP WHO |
| | WISHES TO ESTABLISH AN URBAN MARKET GARDEN WITH PLANT |
| | BEDS THAT ARE NOT SEPARATED FROM THE GROUND BY A |
| | PHYSICAL BARRIER SHALL OBTAIN A PHASE I ENVIRONMENTAL |
| | SITE ASSESSMENT TO DETERMINE IF ANY SOIL CONTAMINATION |
| | EXISTS. SUCH SOIL MUST BE TESTED FOR ANY CONTAMINANTS |
| | THAT WOULD RENDER IT UNSUITABLE FOR CULTIVATING FOOD ON |
| | TOPSOIL, INCLUDING, BUT NOT LIMITED TO, LEAD AND OTHER |
| | TOXIC HEAVY METALS; INDUSTRIAL SOLVENTS; GASOLINE; OILS |
| | AND GREASES; PERCLORETHYLENE; AND OTHER CHEMICALS THAT |
| | CAN BE TRANSMITTED TO PEOPLE VIA SOIL CONTACT OR |
| | CONSUMPTION OF FOODS GROWN IN SUCH SOIL. |
| | |
| | IF ANY HISTORICAL SOURCES OF CONTAMINATION ARE |
| | IDENTIFIED IN THE ENVIRONMENTAL SITE ASSESSMENT, THE |
| | APPLICANT SHALL CONDUCT ALL APPROPRIATE TESTING TO |
| | DETERMINE THE TYPE AND LEVEL OF CONTAMINATION, AND |
| | CONDUCT THE APPROPRIATE REMEDIATION PROCEDURES TO |
| | ENSURE THAT SOIL IS SUITABLE FOR GARDENING. |
| | |
| | 5. OPERATION LIMITATIONS. NO GARDENING ACTIVITIES SHALL |
| | TAKE PLACE BEFORE SUNRISE OR AFTER SUNSET. THE SALE OF |
| | PRODUCE SHALL NOT TAKE PLACE AFTER 9:00 P.M. |
| | MOTORIZED-POWERED EQUIPMENT FOR CULTIVATING OR |
| | MAINTENANCE PURPOSES OF GREATER THAN TEN (10) |
| | HORSEPOWER IS PROHIBITED. |
| | |
| | 6. REQUIRED PLANTING SETBACKS AND BUFFER REQUIREMENTS. |
| | ALL PLANTING SHALL BE PLANTED NO CLOSER THAN TEN (10) |
| | FEET TO THE FRONT, SIDE OR REAR PROPERTY LINES. |
| | CULTIVATED AREA SHALL NOT ENCROACH ONTO ADJACENT |
| | PROPERTIES. ALL PLANTINGS SHALL COMPLY WITH THE |
| | VISIBILITY AT INTERSECTIONS REQUIREMENTS PURSUANT TO |
| | SECTION 94-305(E). |
| | |
| | I. A MINIMUM FIVE (5) FOOT WIDE PERIMETER LANDSCAPE |
| | BUFFER AND RIGHT-OF-WAY LANDSCAPING THAT COMPLY WITH |
| | THIS CODE IS REQUIRED; AND, |
| | |
| | II. THE REMAINING SETBACK SHALL CONTAIN MULCH |
| | (EXCLUDING RED/COLORED MULCH OR MULCH MADE FROM TOXIC |
| | WOOD), SOD, PAVERS OR ROCKS AND SHALL BE CONTAINED |
| | WITHIN THE PROPERTY. |
| | |
| | 7. OUTDOOR STORAGE OF COMPOST AND ORGANIC MATTER |
| | PROHIBITED. COMPOST AND ORGANIC MATTER TO BE USED FOR |
| | THE URBAN MARKET GARDEN SHALL NOT BE STORED IN OPEN |
| | AIR, AND SHALL BE CONTAINED IN APPROPRIATE CONTAINERS |
| | WHICH SHALL BE LOCATED WITH A 25-FOOT SETBACK FROM ALL |
| | RIGHTS-OF-WAY AND A FIVE (5) FOOT SETBACK FROM ALL |
| | PROPERTY LINES. SUCH CONTAINERS SHALL BE MAINTAINED TO |
| | PREVENT ODORS AND PREVENT THE HARBORAGE OF RODENTS AND |
| | PESTS. |
| | |
| | 8. STRUCTURES. ALL STRUCTURES SHALL MEET THE |
| | REQUIREMENTS OF THIS CODE FOR HEIGHT, SETBACKS, ETC. |
| | THE FOLLOWING USES AND STRUCTURES MAY BE PERMITTED IN |
| | AN URBAN MARKET GARDEN: |
| | |
| | I. GREENHOUSES, HOOPHOUSES, COLDFRAMES, AND SIMILAR |
| | STRUCTURES USED TO EXTEND THE GROWING SEASON; AND, |
| | |
| | II. SHEDS, SHADE PAVILIONS, FARM STANDS, RESTROOMS, |
| | OFFICES OR OTHER STRUCTURES THAT ARE NOT USED FOR |
| | CULTIVATING CROPS; THE COMBINED AREA OF ALL PERMITTED |
| | STRUCTURES SHALL NOT EXCEED FIFTEEN PERCENT (15%) OF |
| | THE GROSS URBAN MARKET GARDEN AREA. |
| | |
| | 9. STORAGE OF TOXIC AND FLAMMABLE MATERIALS. STORAGE OF |
| | TOXIC AND FLAMMABLE MATERIALS ARE REGULATED AS FOLLOWS: |
| | I. ONLY FUEL USED FOR THE OPERATION OF LAWNMOWERS OR |
| | OTHER COMBUSTION ENGINE-DRIVEN GARDENING MACHINERY MAY |
| | BE STORED ON SITE AND SHALL BE KEPT IN SEALED |
| | CONTAINERS IN LOCKED, VENTILATED STRUCTURES IN |
| | ACCORDANCE OF THE NATIONAL FIRE PROTECTION ASSOCIATION |
| | (?NFPA?) CODE 30: FLAMMABLE AND COMBUSTIBLE LIQUIDS. A |
| | MAXIMUM OF TEN (10) GALLONS OF FUEL IS ALLOWED TO BE |
| | STORED AT THE URBAN MARKET GARDEN AT ANY GIVEN TIME. NO |
| | OTHER FLAMMABLE MATERIALS OR CHEMICALS ARE ALLOWED; |
| | |
| | II. TIRES SHALL NOT BE STORED ON SITE; AND, |
| | |
| | III. TOXIC MATERIALS, SUCH AS PRESSURE TREATED WOOD |
| | (CREOSOTE), SHALL NOT BE USED WHERE THEY WILL COME INTO |
| | CONTACT WITH SOILS THAT ARE GROWING FOOD. |
| | |
| | 10. FENCING. ALL FENCING SHALL COMPLY WITH THE |
| | REQUIREMENTS FOR THE APPLICABLE ZONING DISTRICT, SET |
| | FORTH IN THE FENCE, WALL AND HEDGE REGULATIONS OF THIS |
| | CODE. |
| | |
| | 11. SIGNAGE. HIGH FREESTANDING SIGNS, AS DEFINED IN |
| | ARTICLE XIII ARE PROHIBITED. ALL OTHER SIGNS SHALL |
| | COMPLY WITH ARTICLE XIII. |
| | |
| | 12. SALE OF PRODUCE AND HORTICULTURAL PLANTS. THE |
| | PRODUCE AND HORTICULTURAL PLANTS GROWN IN THE URBAN |
| | MARKET GARDEN MAY BE SOLD ON OR OFF THE PREMISES AND |
| | THE PROPERTY OWNER OR GARDEN COORDINATOR SHALL OBTAIN A |
| | BUSINESS TAX/CERTIFICATE OF USE PURSUANT TO THE CITY |
| | CODE OF ORDINANCES PRIOR TO MAKING ANY SALES. |
| | |
| | 13. LIVESTOCK AND ANIMALS PROHIBITED. THE RAISING OF |
| | POULTRY OR OTHER LIVESTOCK, FISH, AND THE KEEPING OF |
| | BEES SHALL BE PROHIBITED. |
| | |
| | 14. PROHIBITION ON AGRICULTURAL TAX EXEMPTION. A |
| | PROPERTY OWNER SHALL BE PROHIBITED FROM SEEKING AN |
| | AGRICULTURAL TAX EXEMPTION AFFORDED BY THE LOCAL, |
| | STATE, OR FEDERAL TAX REGULATIONS. |
| | |
| | 15. PILOT DURATION PERIOD. ON OR BEFORE DECEMBER 31, |
| | 2013, UPON REVIEW OF A REPORT BY THE PLANNING DIRECTOR |
| | ON THE EFFECTIVENESS OF THIS PILOT PROGRAM, THE CITY |
| | COMMISSION SHALL CONSIDER EXTENDING, EXTENDING WITH |
| | MODIFICATIONS, OR SUNSETTING THE PILOT PROGRAM. |
| | |
| | |
| | |
| | COMMENT 3. ARCHITECTURAL SITE PLAN, SHOW ALL DIMENSIONS |
| | ON SITE PLAN AND AREA ON THE SW CORNER THAT WILL BE |
| | USED FOR THE PUBLIC AS A COMMUNITY GARDEN, PART OF THE |
| | LEASE AGREEMENT TERMS. |
| | |
| | NOTE: REVIEW BY THE ENGINEERING DEPARTMENT IS REQUIRED |
| | FOR NEW APRON (ACCESS), COORDINATE WITH BRIAN MOREE |
| | (644-7270) ACCORDINGLY. |
| | |
| | COMMENT 4. PER DEVELOPMENT APPLICATION, PROVIDE LETTERS |
| | FROM THE FOLLOWING UTILITY COMPANIES THAT THERE WILL BE |
| | NO ENCROACHMENT ISSUE WITH THE PROPOSED DEVELOPMENT AND |
| | WATER AVAILABILITY. THE COMCAST LETTER HAS BEEN |
| | SUBMITTED AND APPROVED. ALL OTHERS ARE STILL |
| | OUTSTANDING. |
| | |
| | WEST PALM BEACH PUBLIC UTILITIES DEPARTMENT |
| | 401 CLEMATIS STREET |
| | CITY HALL, 4TH FLOOR |
| | WEST PALM BEACH, FL 33401 |
| | (561)822-1300 |
| | |
| | FLORIDA POWER AND LIGHT |
| | 810 CHARLOTTE AVE |
| | WEST PALM BEACH, FL 33401 |
| | (561)697-8000 |
| | |
| | FLORIDA PUBLIC UTILITIES |
| | NANI SANTIAGO |
| | FLORIDA PUBLIC UTILITIES |
| | 1641 WORTHINGTON RD SUITE 220 - WEST PALM BEACH, FL |
| | 33409 |
| | PHONE: (561) 838-1785 ? FAX: 561-838-1769 (EASEMENT |
| | CONSENT FORMS CAN BE FAXED) |
| | EMAIL: [email protected] |
| | GENERAL PHONE: 561 832-2461 |
| | |
| | BELL SOUTH |
| | 2021 SOUTH MILITARY TRAIL |
| | WEST PALM BEACH, FL 33415 |
| | (561)439-9110 |
| | |
| | 5.. THE LANDSCAPE PLANS SHALL SHOW ALL LANDSCAPE THAT |
| | IS REQUIRED VS. PROVIDED ON A SITE DATA AND THAT |
| | MEETING THE URBAN MARKET GARDEN AND LANDSCAPE CODE |
| | REGULATIONS. |
| | |
| | IF YOU ANY QUESTIONS PLEASE CONTACT ME. |
| | |
| | LINDA MIA FRANCO, AICP |
| | PLANNING DIVISION |
| | TEL: (561) 822-1443 |
| | EMAIL: [email protected] |
| | |
