PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · 2015. 2. 4. · ZC February 5, 2015 Page 63 Application No. CA-2014-00915 BCC District 1 Control No. 1988-00100 Project No

ZC February 5, 2015 Page 62 Application No. CA-2014-00915 BCC District 1 Control No. 1988-00100 Project No. 01000-281

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No.: CA-2014-00915 Application Name: Thomas Colony Shell Control No.: 1988-00100 Applicant: FGH Inc Owners: FGH Inc Agent: Jon E. Schmidt & Associates - Josh Nichols Telephone No.: (561) 684-6141 Project Manager: Roger Ramdeen, Senior Site Planner

TITLE: a Class A Conditional Use REQUEST: to allow a Convenience Store with Gas Sales with an accessory car wash. APPLICATION SUMMARY: Proposed is a Class A Conditional Use for a Convenience Store with Gas Sales with an accessory car wash for Thomas Colony Shell. The original 0.44-acre development was approved by the Board of County Commissioners (BCC) on August 25, 1988 for an Auto Service Station pursuant to Resolution No. R-89-716. The 0.24-acre parcel was approved with a General Retail use through the building permit process. The site was most recently approved for six Type II Variances on April 3, 2014 for the reduction in setbacks, parking, access way width, number of queuing spaces and buffer widths to allow for the redevelopment. The Applicant is requesting to redevelop these two sites into one, 0.68-acre site, and allow it to be implemented as a Phased Development. Phase 1 consists of the existing 2,090 square foot (sq. ft.) Autoservice Station (with No Major Repairs) and 1,563 sq. ft. retail building on the two parcels. Phase 2, the ultimate build out, will demolish the existing structures and redevelop into a unified site with a 2,956 sq. ft. Convenience Store with eight fuel positions and an 860 sq. ft. Car Wash. A total of 11 parking spaces will be provided and two access points to the site wil remain, one on Alternate A1A and one on Florida Boulevard. SITE DATA: Location: Southeast corner of Alternate A1A and Florida Boulevard.

(Thomas Colony Shell) Property Control Number(s) 00-43-41-31-03-000-0101

00-43-41-31-03-000-0110 Existing Land Use Designation: Commercial High, with an underlying MR-5 (CH/5) Proposed Land Use Designation: No proposed change Existing Zoning District: General Commercial District (CG) Proposed Zoning District: No proposed change Acreage: 0.68 acres Tier: Urban/Suburban Tier Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile City of Palm Beach Gardens Future Annexation Area City of Palm Beach Gardens RECOMMENDATION: Staff recommends approval of the request subject to 20 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project.


PROJECT HISTORY: On August 25, 1988, the BCC approved a Special Exception for the development of an Auto Service Station (No Major Repairs) through Resolution R-1989-716. On October 13, 1988, the Board of Adjustment granted four variances to allow a reduction of required setbacks, queuing space requirements and buffer widths. On April 3, 2014, the Zoning Commission approved six Type II Variances to allow a reduction in the rear setback, the number of off-street parking spaces, the number of queuing spaces, the minimum width for one-way drive aisles, and the Right-of-Way (ROW) buffer widths along Alternate A1A and Florida Boulevard through Resolution No’s. ZR-2014-0019 and ZR-2014-0021. SURROUNDING LAND USES: NORTH: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Commercial General District (CG) Supporting: Commercial (Control No. 2009-01438, Colony Gardens Professional Center) SOUTH: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Commercial General District (CG) Supporting: Institutional (Control No. 1974-00065, Fire Station) EAST: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Commercial General District (CG) Supporting: Commercial (Control No. N/A, System Council U 4 Building Corp) WEST: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Commercial General District (CG) Supporting: N/A (Control No. N/A, Alternate A1A/FEC Railroad) FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 – 8 listed in Article 2.B.2.B. of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan – The proposed use or amendment is consistent with the

purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use.

Consistency with the Comprehensive Plan: The proposed use and amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. Interconnectivity: The Applicant is proposing a future location for vehicular and pedestrian cross access at the northeastern property line. This proposed interconnectivity complies with Comprehensive Plan Policy: 4.3-g and Policy: 4.3-k. In addition, a pedestrian cross access will be constructed and located between the eastern side of the Convenience Store to the southeastern property line connecting these two access will be completed at a future date. Intensity: The request for a total of 3,816 square feet equates to a Floor Area Ratio (FAR) of approximately 0.13 (3,816 / 29,964 square feet or 0.68 acres = 0.127). The maximum FAR of .35 (w/o PDD) is allowed for a non-residential project with a CH FLU designation in the Urban/Suburban Tier (0.68 acres x 43,560 square feet x .35 maximum FAR = 10,367.28 square feet maximum).


Special Overlay District/ Neighborhood Plan/Planning Study Area: The property is located in the Cabana Colony CCRT Area. The applicant has met with the Office of Community Redevelopment (OCR) and OCR has no objections with the redevelopment of the site. 2. Consistency with the Code - The proposed use or amendment complies with all applicable

standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS.

The proposed Convenience Store with Gas Sales and accessory car wash, complies with the Code for use, layout, function and development characteristics. On April 3, 2014, the Zoning Commission approved six Type II Variances for reductions in setback, parking, access way width, number of queuing spaces, and buffer widths. Any existing or proposed issues with regard to use, layout, function, or general development characteristics, have been addressed through Conditions of Approval. Phasing: The provisions set forth in a Zoning Division Policy and Procedure Memorandum, PPM# ZO-O-048, allows phased development of existing uses that are legally established and approved, with proposed uses that overlap and have different implementation dates. The Applicant is requesting to allow the existing Auto Service Station (No Major Repairs) as Phase I and the redevelopment of the site with the Convenience Store with Gas Sales as Phase II. Phase II involves the demolition of the existing 1,493 sq. ft. Auto Service Station building and the 1,563 sq. ft. General Retail building on the 0.68-acre site and the redevelopment with a 2,956 sq. ft. Convenience Store with Gas Sales with eight fuel positions and an 860 sq. ft. accessory car wash. The phased approach is an effort to preserve the exisitng approval for the Auto Service Station in the event that the Development Order for Phase II, which includes the Convenience Store with Gas Sales and Accessory Use, is not being utilized. Staff has also included All Petitions Condition of Approval 2 and 3 within Exhibit C that would require further action should Phase II commence or the approved variance expires. All Petitions Condition 2 requires the Applicant to abandon the prior Development Order of the Auto Service Station (Resolution R-1989-716) concurrent with the submittal for building permit for Phase II development. All Petitions Condition 3 reminds the Applicant that Phase II construction must commence before the expiration date (April 3, 2015) of the Type II Variances, unless a time extension is applied for and approved. Since the variance approvals were based on the Phase II Site Plan dated January 14, 2015, if the variances expire, the Development Order for Phase II will become null and void. Base Building Line: The Base Building Line (BBL) has been established at the existing property line pursuant to a BBL Waiver granted by the Land Development Division on October 27, 2014 (see Exhibit E). An additional 40 ft. of Right-of-Way (ROW) would be required if the Waiver was denied. The subject property is very narrow measuring 106 ft. in width, whereby an additional 40 ft. for ROW would further reduce the width of the property to 66 ft. This decreases the usability of the site and limits the uses significantly without the Applicant having to request additional variances. The BBL establishes the line where all Zoning setbacks, buffers, and parking are measured from. Parking: The proposed development requires 15 parking spaces and 11 are proposed. A Type II Variance was approved to reduce the number of required parking spaces to 11. In addition, Type II Variances were also granted to reduce the required 15 foot one way access drive aisle to be 12 ft. on the west side of the canopy and 13 feet on the east side of the canopy and eliminate two required queuing spaces. Landscaping: The Preliminary Site Plan indicates the required five foot Compatibility Landscape Buffer along the south and east property lines. Staff notes that Type II Variances were also granted to reduce the required 20 foot ROW buffer to 15 feet along Alternate A1A and Florida Boulevard. Architectural Review: Preliminary Architectural Elevations (Figure 7) have been provided and reviewed by Staff and found to be compliant with Article 5.C. Architectural Review Condition of Approval 1 is included within Exhibit C for submission of the Final Architectural Elevations for Phase II prior to final approval by the Development Review Officer (DRO).


Signage: The Preliminary Regulating Plan (Figure 6) provides the detail of the Master Sign Program. A Signage Condition 1 is proposed to prohibit off-site signage. In addition, the height limit for a freestanding sign is 20 feet and there is an existing sign that is 25 ft. The Property Owner has submitted the approved associated Building Permit for the existing 25 foot high sign along Alternate A1A; therefore, the sign is vested at this height. The proposed new signage complies with the requirements of Article 8. 3. Compatibility with Surrounding Uses – The proposed use or amendment is compatible and

generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development.

The property was previously approved for an Auto Service Station with an accessory Convenience Store and has been in operation for several years. The proposed Convenience Store with with Gas Sales and accessory car wash are compatible and consistent with the uses and character of the surrounding land uses. The proposal to redevelop the property with a Convenience Store with with Gas Sales and accessory car wash are consistent with the commercial and vehicular nature of the existing site and the surrounding approved uses. 4. Design Minimizes Adverse Impact – The design of the proposed use minimizes adverse

effects, including visual impact and intensity of the proposed use on adjacent lands.

The proposed request does not visually impact the surrounding uses as the modifications will not impact the external appearance of the site. Any existing or proposed issues with regard to compatibility have been addressed through Conditions of Approval. The ROW Buffers and Compatibility Buffers provide visual screening to address any compatibility issues. In addition, the existing buildings are being demolished and updated to a more current architectural design (See Figure 7). In addition, on April 3, 2014, the ZC recognized that the site had limitations and found the justification reasonable to support the design layout. Therefore, the ZC granted approval of the six Type II Variances for reductions in setback, parking, access way width, number of queuing spaces, and buffer widths. 5. Design Minimizes Environmental Impact – The proposed use and design minimizes

environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment.

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property has been previously developed. WELLFIELD PROTECTION ZONE: a portion of the property is located within a Wellfield Protection Zone #4. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern.

The proposed redevelopment of the subject property is consistent with the development pattern for the area. The area is predominantly built out with the subject site already developed with an existing Auto Service Station and accessory convenience store. The north and east are existing commercial type uses, to the south is a Fire Station and to the west is the FEC Railroad.

7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency.


ENGINEERING COMMENTS: TRAFFIC IMPACTS Traffic from the existing project was is estimated to be 1,049 trips per day, 84 trips in the PM peak hour. Additional traffic expected from the proposed project is 462 trips per day, 30 trips in the PM peak hour, for grand total impact of 1,511 daily and 114 PM peak hour trips. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards because this project has an insignificant impact on the surrounding roadway network. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Alt A1A from Kyoto Gardens Dr to Hood Rd Existing count: Northbound=1808, Southbound=1821 Background growth: Northbound=542, Southbound=425 Project Trips: Northbound=8, Southbound=8 Total Traffic: Northbound=2358, Southbound=2254 Present laneage: 6 Lanes Assured laneage: 6 Lanes LOS “D” capacity: 2680 vehicles per hour (directional) Projected level of service: LOS D or better The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Florida Boulevard and a permit from the Florida Department of Transportation for access onto Alternate A-1-A. Further, the Property Owner shall also create a legal lot of record prior to issuance of a Building Permit. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis FIRE PROTECTION: No Staff Review Analysis SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification.

The Applicant has stated in the justification statement that additional property to the south has been acquired and the proposal is to redevelop both sites into a unified site. The existing structures will be demolished and redeveloped with a new building which will be more aesthetically pleasing to the area. In addition, the Applicant states that the redevelopment will improve site functionality and also proposes to increase the planting material on site compared to what exists today. The overall existing project is antiquated and needs an upgrade to provide better services to the surrounding areas. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, Staff is recommending approval of the request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C.


CONDITIONS OF APPROVAL EXHIBIT C Conditional Use Class A ALL PETITIONS 1. The approved Preliminary Site and Preliminary Phasing Plans are dated January 14, 2015. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 2. Prior to submittal of the first building permit for commencement of any Phase II improvements as indicated on the Preliminary Site and the Preliminary Phasing Plans dated January 14, 2015, the Property Owner shall submit an application to the Zoning Division for the Abandonment of Phase I, specifically Resolution Number R-89-716, which granted approval for an Auto Service Station (No Major Repairs). (BLDGPMT: MONITORING - Zoning) 3. Development Order for Phase II shall expire on April 3, 2015, unless a time extension for the Type II Variances granted under Resolution Numbers ZR-2014-0019 and ZR-2014-0021, is applied for and approved. If at any time the Type II Variances expire and no building permits have been submitted for Phase II as indicated on the Preliminary Site and Preliminary Phasing Plans dated January 14, 2015, the approval for all Phase II improvements shall be null and void. (DATE/ONGOING: MONITORING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for Phase II shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC) and shall be generally consistent with the Architectural Elevations dated May 19, 2013. Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after December 31, 2017. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING - Engineering) 2. Prior to issuance of the first Building Permit, the Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) HEALTH 1. Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site. (ONGOING:HEALTH-Health) 2. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (ONGOING:HEALTH-Health) 3. Generation and disposal of hazardous effluents into sanitary sewerage system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental


Protection(FDEP), the Florida Department of Health (FDOH), and Agency responsible for sewage works are constructed and used by project tenants or owners generating such effluents. (ONGOING:CODE ENF-Health) LIGHTING 1. Outdoor lighting used to illuminate the premises shall be low intensity and directed away from adjacent properties and streets, shining only on the subject site. (ONGOING: ZONING - Zoning) PLANNING 1. Prior to Final Approval by the Development Review Officer (DRO), the Property Owner shall revise the Preliminary Site Plan to include a note at the southern portion of the site that shall read: “Proposed pedestrian cross access to be paved to the property line.” This pedestrian connection shall align with the approved pedestrian connection for the property to the south. (DRO: PLANNING - Planning) 2. Prior to Final Approval by the Development Review Officer (DRO), the Property Owner shall revise the Preliminary Site Plan to include a note to indicate a pedestrian connection, from the Convenience Store to the adjacent parcel to the east, south of the office building. (DRO: PLANNING - Planning) 3. Prior to the issuance of the first Certificate of Occupancy, the Property Owner shall pave all vehicular and pedestrian access points to the property line with a break in any landscape buffer, specifically the vehicular and pedestrian connection to the east and the pedestrian connection to the south, in the locations shown on the Final Site Plan as approved by the Development Review Officer (DRO). (CO: MONITORING - Planning) SIGNS 1. There shall be no off-premise signs permitted on the site. (ONGOING: ZONING - Zoning) SITE DESIGN 1. Prior to Final Approval by the Development Review Officer (DRO), the Property Owner shall revise the Preliminary Site Plan to indicate the Base Building Line. (DRO: ZONING - Zoning) 2. Prior to Final Approval by the Development Review Officer (DRO), the Property Owner shall revise the Preliminary Site Plan to include a Non-Conformity Chart for the Existing Sign A and the Existing Propane Area information. The chart shall also include the Building Permit information as provided on the Preliminary Site Plan. (DRO: ZONING - Zoning) USE LIMITATIONS 1. Vehicle parking shall be limited to the parking spaces designated on the approved site plan. No vehicular parking is to be permitted in landscape areas, Right-of-Ways or interior drive aisles. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or


c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.


Figure 1 Future Land Use Map


Figure 2 Zoning Map


Figure 3 Aerial


Figure 4 Preliminary Phasing Plan dated January 14, 2015


Figure 5 Preliminary Site Plan (Phase II) dated January 14, 2015


Figure 5 Preliminary Site Plan (Phase I) dated November 10, 1988


Figure 6 Preliminary Regulating Plan dated July 24, 2014


Figure 7 Architectural Elevations dated May 19, 2014 (Sheet 1)






Exhibit D Disclosure





Exhibit E Base Building Line Waiver dated 10-27-2014



Documents

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · 2015. 2. 4. · ZC February 5, 2015 Page 63 Application No. CA-2014-00915 BCC District 1 Control No. 1988-00100 Project No