PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · 2016. 1. 8. · PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION. Application No.: ZV/Z/CA-2015-01731 Application Name:

ZC January 8, 2016 Page 189 Application No. ZV/Z/CA-2015-01731 BCC District 6 Control No. 1998-00077 Project No. 05520-000

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No.: ZV/Z/CA-2015-01731 Application Name: Village Corner Commercial Control No.: 1998-00077 Applicant: Herbert Kahlert

Lyons Petroleum Inc Owners: Herbert Kahlert

Lyons Petroleum Inc Agent: Urban Design Kilday Studios - Chris Barry Telephone No.: (561) 366-1100 Project Manager: Osniel Leon, Site Planner II TITLE: a Type II Variance REQUEST: to allow a reduction in the terminal islands widths. TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Multiple Use Planned Development (MUPD) Zoning District to the Commercial General (CG) Zoning District. TITLE: a Class A Conditional Use REQUEST: to allow a Convenience Store with Gas Sales. APPLICATION SUMMARY: Proposed are requests for a Type II Variance, an Official Zoning Map Amendment, and a Class A Conditional Use for the Village Corner Commercial development. The 2.43-acre site is a portion of a 17.94-acre development previously approved by the Board of County Commissioners (BCC) on March 29, 1999 as a Multiple Use Planned Development (MUPD) (Control No 1998-00077), to allow a Convenience Store with Gas Sales, Financial Institution and General Retail uses with a total of 83,000 square feet (sq. fl.). The site is currently developed with a Convenience Store with Gas Sales. The Applicant is requesting to allow a rezoning of the 2.43-acre of land from the (MUPD) Zoning District to the Commercial General (CG) Zoning District. A Type II Variance to allow a reduction in the terminal islands widths from 8 feet to 6.6 feet, and a Class A Conditional Use to allow a Convenience Store with Gas Sales. No other changes are proposed, and access will remain from Lake Worth Road and Lyons Road. Through a concurrent application, PDD-2015-01732, the Applicant will be rezoning the remaining 15.51-acre portion of the MUPD and the western 19.05-acre parcel to a Planned Unit Development. The Applicant has also submitted a concurrent Large Scale FLUA Amendment request to amend the site’s FLU designation to Commercial High with an underlying Low Residential, up to three (3) du/ac (CH/3) through amendment number LGA 2015-013 (known as NEC Lake Worth Lyons). SITE DATA: Location: Northeast corner of Lake Worth Road and Lyons Road. Property Control Number(s) 00-42-44-19-08-001-0010 (portion)

00-42-44-19-08-001-0020 Existing Land Use Designation: Commercial Low with an underlying Low Residential 2 units per acre

(CL/2) Proposed Land Use Designation: Commercial High, with an underlying 3 units per acre (CH/3) Existing Zoning District: Multiple Use Planned Development District (MUPD) Proposed Zoning District: General Commercial (CG) Acreage: 2.43 acres Tier: Urban/Suburban Tier Overlay District: N/A Neighborhood Plan: West Lake Worth Road Neighborhood Plan CCRT Area: N/A Municipalities within 1 Mile Village of Wellington Future Annexation Area City of Greenacres, Village of Wellington RECOMMENDATION: Staff recommends approval of the Type II Variance V1, subject to 5 Conditions of Approval as indicated in Exhibit C-1; the Rezoning subject to a Conditional Overlay Zone and 3 Conditions of Approval as indicated in Exhibit C-2, and the Class A Conditional Use subject to the 15 Conditions of Approval as indicated in Exhibit C-3.


PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: On March 29, 1999 the (BCC) approved an Official Zoning Map Amendment to rezone from the Agricultural Residential Zoning District to the MUPD (Control No 1998-00077), to allow a Convenience Store with Gas Sales on 17.94-acre property through R-1999-000527 (PDD-1998-00077). On March 28, 2000 the (BCC) approved a Development Order Amendment to modify Conditions of Engineering and Use Limitations and reconfigure the master plan (Control No 1998-00077), on 17.94-acre property through R-2000-1578 and R-2001-0244 (DOA-1998-00077). SURROUNDING LAND USES: NORTH: FLU Designation: Commercial Low, with an underlying LR-2 (CL/2) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Vacant (Village Corner MUPD, Control No. 1998-00077) SOUTH: FLU Designation: Low Residential (LR-2) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Residential (Cedar Creek Ranch PUD, Control No. 2001-00016) EAST: FLU Designation: Commercial Low, with an underlying LR-2 (CL/2) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Vacant (Village Corner MUPD, Control No. 1998-00077) WEST: FLU Designation: Low Residential (LR-2) Zoning District: Agricultural Residential District (AR) Supporting: Public and Civic Uses (Polo Museum, Control No. 1992-00047) TYPE II VARIANCE SUMMARY ULDC Article Required Proposed Variance V1 7.G.2.A

Terminal Islands Terminal islands shall have a minimum of 8 feet of landscape area.

Terminal islands with a minimum width of 6.6 feet

To allow for a maximum of 1.25 foot reduction in the width of terminal islands.

FINDINGS: Type II Concurrent Variance Standards: When considering a Development Order application for a Type II Variance, the Zoning Commission shall consider Standards 1 through 7 listed under Article 2.B.3.E of the ULDC. The Standards and Staff Analyses are as indicated below. A Type II Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. 1. Special conditions and circumstances exist that are peculiar to the parcel of land,

building or structure that are not applicable to other parcels of land, structures or buildings in the same zoning district:


V1. YES: The existing Convenience Store with Gas Sales was constructed and received a Certificate of Occupancy (CO) in 2005. However, three of the terminal islands were constructed less than the minimum width of eight feet (ft). The contractor failed to construct the islands at the proper width in accordance with the building permit and site plan. 2. Special circumstances and conditions do not result from the actions of the Applicant: V1. YES: The site plan was previously approved in 1999 and built in 2005. The current Property Owner purchased the property in 2009 with the Convenience Store with Gas Sales already constructed in the current configuration and a CO was issued for the use. The request to reduce the width of the terminal island by 1.25 ft. can be considered de minimis and a special circumstance and condition that exists that does not result from the action of the Applicant. 3. Granting the variance shall not confer upon the Applicant any special privilege denied

by the Comprehensive Plan and this code to other parcels of land, structures or buildings in the same zoning district:

V1. YES: As stated above, the request can be considered de minimis and granting the variance does not confer to the Applicant any special privilege denied by the Plan or this Code to other parcels of land in the same zoning district. The existing condition was not a result of the current Property Owner but when the site was originally constructed. 4. Literal interpretation and enforcement of the terms and provisions of this Code would

deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship:

V1. YES: An undue hardship would result in the literal interpretation and enforcement of the terms and provisions of the Code. It would require the Owner to remove and replace curbing around the islands which could negatively impact the existing landscaping within those islands. Furthermore, requiring an increase in the width of the islands may result in a loss of parking spaces which could result in the number of parking spaces being deficient for the Convenience Store with Gas Sales. The intent of the code is still met as the islands are of sufficient size to support code required landscape material. 5. Grant of variance is the minimum variance that will make possible the reasonable use of

the parcel of land, building or structure: V1. YES: Granting the requested variance is the minimum variance that will allow the terminals islands to remain in their current configuration without affecting other existing site elements. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and

policies of the Comprehensive Plan and this Code: V1. YES: Granting of the variance will be consistent with the purpose, goals, objectives, and policies of the Plan and this Code. The intent of the terminal island is to provide an area of sufficient size for landscaping. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental

to the public welfare: V1. YES: Granting the variance will not be injurious to the area or detrimental to the public welfare. The requested variance will allow the existing terminal islands to remain in their current configuration. FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below.


An 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 amendment is consistent with the Plan. o Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. o Concurrent Land Use Amendments: The site is the subject of a Large Scale Land Use Amendment known as NEC Lake Worth Lyons Road (LGA-2015-013). The amendment seeks CL/3 on 33.99 acres and CH/3 on 3 acres. The concurrent FLUA amendment was heard by the Local Planning Agency (LPA) at a public hearing on September 11, 2015. The LPA recommended denial of the request 11-1. The request was heard by the BCC October 26, 2015 and voted of 6-0 to transmit with the following conditions with the additions in underline and deletions in strike out. Parcel A - Previous condition adopted by Ordinance 2010-027 (applies to entire 00-42-43-27-05-024-0550, 19.15 acres) is amended as follows:

1. If developed under the Commercial Low designation the northern and eastern 100 feet of the subject site that is contiguous to Cypress Woods shall be restricted to Commercial with Cross-hatching and shall be limited to water retention, landscaping, and/or preserve

Parcel B (northern 6.44 acres of PCN 00-42-44-19-08-001-0010, 00-42-44-19-08-023-0000) - Previous conditions adopted by Ordinance 1998-048 are revised as follows:

1. For purposes of calculating FAR (Floor Area Ratio), there is no commercial intensity and/or commercial square footage assigned to this 6.44 acre site and the land area cannot be developed with commercial uses. 2. If developed under the Commercial Low designation, vehicular storage, or storage of any kind is prohibited (with the exception of drainage and water retention which is permitted on site).

Entire Subject Site - Subject to the following additional condition:

1. Residential density shall be limited to a maximum of three (3) dwelling units per acre, with no density increases permitted above three (3) dwelling units per acre on site. 2. Only single family product types, inclusive of zero lot line units, are permitted if the property is developed with residential uses. 3. No additional commercial development above and beyond the existing convenience store with gas station will be permitted outside the land area currently under the ownership of the current convenience store owner, if the balance of the property is developed with residential uses. 4. The current land owners will not object to a County initiated land use plan amendment in the future to change the land use designation on the property developed with residential uses to Low Residential 3 (LR-3) to reflect the existing development and remove any commercial designation.

o Intensity: The request for a total of 3,900 square feet equates to a FAR of approximately 0.04 (3,900 / 105,850.80 surveyed square feet or 2.43 acres = 0.036). The maximum Floor Area Ratio (FAR) of .50 is allowed for the proposed CH FLU designation in the Urban Suburban Tier (105,850.80 surveyed square feet x .50 maximum FAR = 52,925.4 square feet maximum). However, the intensity of this site will be limited by the proposed condition on approval of the FLUA amendment. o Special Overlay District/Neighborhood Plan/Planning Study Area: This site is within the boundaries of the West Lake Worth Neighborhood Plan. The Neighborhood Plan Master Plan identifies this site as Commercial and Institutional. The Applicant met with the group, and while the request for commercial and residential is not consistent with the Neighborhood Plan Master Plan, on September 9, 2015 the group provided a letter of no objection. The proposed zoning change is consistent subject to the approval of the requested Large Scale Amendment (LGA-2015-013).


2. Consistency with the Code - The proposed amendment is not in conflict with any portion of

this Code, and is consistent with the stated purpose and intent of this Code. The proposed request to rezone the parcel of land from MUPD to the CG Zoning District is consistent with the applicable provisions of the Code. Subject to approval of the variances and the Land Use Amendment, the Zoning will not conflict with the Purpose and Intent of the Code. 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and

generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district.

The subject property is located on an arterial thoroughfare. The proposed PUD development to the north and east will be buffered by Type 2 Incompatibility buffers. Staff notes that the Convenience Store with Gas Sales is currently an approved existing use and has been in operation since the CO was issued in 2005. 4. Effect on Natural Environment – The proposed amendment will not result in significantly

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

The amendment will not result in adverse impacts on the environment. The property was developed in 2005 and no native vegetation is proposed to be removed as part of this request, and additional plant material will be installed in the proposed incompatibility buffers. As such, the proposed rezoning will not have an adverse impact on the natural environment. 5. Development Patterns – The proposed amendment will result in a logical, orderly, and timely

development pattern. The proposed Official Zoning Map Amendment will result in a logical, orderly, and timely development pattern and should have no impact on the development patterns in the area. The site is already developed with a Convenience Store with Gas Sales and there are no proposed changes at this time. The rezoning request will allow the subject site to be consistent with the requested Land Use designation. 6. Adequate Public Facilities – The proposed amendment complies with Art. 2.F, Concurrency. The proposed rezoning complies with Article 2.F. of the ULDC, Concurrency (Adequate Public Facility Standards) and does not create any additional impact on public facilities. 7. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate the amendment. The Applicant is requesting to rezone the subject property from MUPD to CG to maintain the existing Convenience Store with Gas Sales use. The Applicant is proposing the amendment to change the zoning so that the existing use is in compliance with the ULDC. 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 or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. See analysis also under the Rezoning Standards. 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 Class A Conditional Use for a Convenience Store with Gas Sales complies with the Code for use, layout, function and development characteristics. Any existing or proposed issues with regard to use, layout, function, or general development characteristics, have been addressed through Conditions of Approval. The undersized terminal islands are subject to the approval of the concurrent requested Type II Variance. o Major Intersection/Location Criteria: The Convenience Store with Gas Sales located within the Commercial Low land, is non-conforming under its current approval, as it is not located at two major intersections. At time of approval the MUPD had been located at a major intersection, but since that time the classification of the roads has changed. With the modification of the land use to Commercial High (CH) the requirement for this use to be at a major intersection does not apply, thereby brining the site into compliance with the Supplementary Use regulations. This is the first gas station at this intersection and meets the location criteria. o Parking: The development requires 15 parking spaces and 15 are provided and therefore complies with the requirements of Article 6 for parking o Landscaping: The Preliminary Site Plan indicates the required 15-foot wide incompatibility buffer along the north and east property boundaries and a 25-foot wide Right-of-Way (ROW) landscape buffer along Lyons Road and Lake Worth Road. o Architectural Review: Preliminary Architectural Elevations were not provided or required for review with this application. A previous Condition of Approval for Architectural Review has been completed for compliance with article 5.c. There are no proposed renovations to the existing structure. o Signage: The Applicant is not proposing any additional signage at this time and the existing signs will remain. A Signage Condition (3) is included in Exhibit C-3 to provide the square footage and dimension of all signs onsite on the Final Regulating Plan. 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 proposed request does not visually impact the surrounding uses as the Convenience Store with Gas sales are compatible and consistent with the uses and character along this portion of Lake Worth Road. As previously stated, there are no proposed changes to the site and approval of the Conditional Use would allow for the continuation of the existing Convenience Store with Gas Sales. The ULDC addresses compatibility with the surrounding land uses through the application of landscape buffers and setbacks. 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 development will not impact adjacent lands. The required landscape buffers provide visual screening to address any compatibility issues.


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.

VEGETATION PROTECTION: The property has been previously cleared for the existing development. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. 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 site is suitable for the request for a Class A Conditional Use. The site is already developed with the use. Processing the application is required because of the concurrent application to delete land area and propose a new Planned Unit Development (Hamlet Estates). 7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS The site is currently developed and in operation with a 3,000 square-foot convenience store, a gas station with 12 fuelling positions and a car wash. Traffic impact is already on the roads. The Property Owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Lyons Road and a permit from the Florida Department of Transportation for access onto Lake Worth Road. 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. PALM BEACH COUNTY HEALTH DEPARTMENT: This project meets all Department of Health requirements. FIRE PROTECTION: The proposed request has been reviewed by the Fire Department and there are no issues at this time. SCHOOL IMPACTS: The proposed request has been reviewed by the School District and there are no issues at this time. PARKS AND RECREATION: This is a nonresidential project and therefore, the Parks and Recreation Department ULDC standards do not apply. 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification.


The rezoning and the new use approval will allow the existing use to conform to the ULDC to the greatest extent possible. The changed condition is the request to separate this development out from the proposed PUD. This site is not changing at all, and is only going through the process to keep what was previously approved. CONCLUSION: Staff has evaluated the standards listed under Article 2.B 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 requests. 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 Exhibits C-1, C-2, and C-3.


CONDITIONS OF APPROVAL

Exhibit C-1 Type II Variance – Concurrent ALL PETITION 1. This Variance is approved based on the layout as shown on the Preliminary Site Plan dated November 12, 2015. Only minor modifications by Board of County Commissioners or Development Review Officer shall be permitted provided the changes are consistent with this Preliminary Site Plan. (ONGOING: ZONING - Zoning) VARIANCE 1. This Variance is approved for the Convenience Store with Gas Sales use and the site layout is based on the Preliminary Site Plan dated November 12, 2015. Any change to the use(s) shall require reconsideration of the Variance by the Zoning Commission. Only minor modifications by Board of County Commissioners or Development Review Officer shall be permitted provided the changes are consistent with this Preliminary Site Plan. (ONGOING: ZONING - Zoning) 2. In Granting this Approval, the Zoning Commission 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) 3. 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; 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.


CONDITIONS OF APPROVAL Exhibit C-2 Official Zoning Map Amendment PLANNING 1. The site is subject to the conditions contained in Land Use Amendment LGA 2015-013 NEC Lake Worth - Lyons Road. (ONGOING: PLANNING - Planning) 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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.


CONDITIONS OF APPROVAL Exhibit C-3 Conditional Use Class A ALL PETITIONS 1. The approved Preliminary Site Plan is dated November 12, 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) ENGINEERING 1. 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) 2. Prior to the issuance of the first building permit, the Property Owner shall provide a temporary roadway construction easement to Palm Beach County along Lyons Road. This roadway construction easement shall also contain an isosceles trapezoid connecting the Corner Clips across this Property Owners entrance and a minimum of ten (10) feet east of the east right of way line of Lyons Road. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering) LANDSCAPE - GENERAL 1. Fifty (50%) percent of all canopy trees required to be planted on site by this approval, shall meet the following minimum standards at installation: a. Tree height: fourteen (14) feet; b. Canopy diameter: seven (7) feet. Diameter shall be determined by the average canopy radius

at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length; and,

c. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (ONGOING: ZONING - Zoning)

2. All palms required to be planted on site by this approval, shall meet the following minimum standards at installation: a. Palm heights: twelve (12) feet clear trunk; b. Clusters: staggered heights twelve (12) to eighteen 18) feet; and, c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (ONGOING: ZONING - Zoning) 3. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location. (ONGOING: ZONING - Zoning) LANDSCAPE - PERIMETER-ALONG SOUTH AND WEST PROPERTY LINES (LAKE WORTH AND LYONS ROAD FRONTAGES) 1. In addition to Code requirements, buffering along the south and west property lines shall be upgraded to include: a. A minimum twenty-five (25) foot wide landscape buffer strip with a maximum five (5) feet overlap into a utility easement; b. A minimum two to three foot high undulating berm with an average height of two and one-half (2.5) feet measured from top of curb. The proposed berm shall not be required where existing native vegetation and/or preserve areas are incorporated into the south and west property line buffers;


c. one (1) palm or pine tree for each twenty-five (25) feet of frontage with a maximum spacing of fifty (50) feet clusters. A group of three or more palms/pines in a cluster may not supersede the requirement for a canopy tree in that location. (ONGOING: ZONING - Zoning) PARKING 1. Overnight storage or parking of delivery vehicles or trucks shall not be on site. (ONGOING: ZONING - Zoning) SIGNS 1. Wall signage for the proposed buildings and canopies shall be limited to the south and west facades facing Lake Worth and Lyons Road. (ONGOING: ZONING - Zoning) 2. Prior to approval of the Development Review Officer. The Property Owner shall include dimmensions of all signs onsite in the Final Regulating Plan. (DRO: ZONING - Zoning) SITE DESIGN 1. The maximum height for Convenience store, measured from finished grade to highest point, shall be one story and not exceed twenty-seven (27) feet. The accessory Gas station canopy shall be limited to a maximum of twenty-seven (27) feet in height with a maximum sixteen (16) foot clearance and have flush mounted or recessed lighting. (ONGOING: ZONING - Zoning) 2. The owner of the Convenience store with gas sales facility shall provide free air and water to the public. (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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.


Figure 1 - Land Use Map


Figure 2 - Zoning Map


Figure 3 - Aerial


Figure 4 - Preliminary Site Plan dated November 12, 2015


Figure 5 - Preliminary Regulating Plan dated November 12, 2015


Figure 6 – Previously approved plan dated March 29, 1999


Exhibit D: Disclosures


Exhibit E Applicant’s Variance Justification


Exhibit F Vicinity Map

PALM BEACH COUNTYPLANNING, ZONING AND BUILDING DEPARTMENTZONING DIVISIONPROJECT HISTORY:

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PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · 2016. 1. 8. · PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION. Application No.: ZV/Z/CA-2015-01731 Application Name: