PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: PDD2002-028 Petitioner: Fred Keller Trust ... car wash

ZC April 3, 2003 Petition PDD2002-028 BCC District 6 Page274 Project No. 5099-000

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION

Petition No.: PDD2002-028 Petitioner: Fred Keller Trust Owner: Fred Keller Trust Agent: Robert Bentz, Land Design South Telephone No.: (561) 478-8501 Project Manager: Joyell Shaw, Planner I ______________________________________________________________________ Location: Northwest corner of Pike Road and Southern Boulevard (Keller MUPD). ______________________________________________________________________ Title: Official Zoning Map Amendment to a Planned Development District. Request: Rezoning from the Light Industrial (IL) Zoning District to the Multiple Use Planned Development (MUPD) District and to allow three fast food restaurants and a convenience store with gas sales. ______________________________________________________________________ PETITION SUMMARY: Proposed is the rezoning of a 5.6 acre parcel from the Light Industrial (IL) Zoning District to the Multiple Use Planned Development (MUPD) District. The site plan indicates three fast food restaurants, each being 3,700 square feet, a 4,224 square foot convenience store with gas sales, and a 792 square foot accessory car wash. A total of 136 parking spaces will be provided, and access to the site will be from Hooper Road (2) and Southern Boulevard (1). ______________________________________________________________________ ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the application and determined the request is consistent with the sites Commercial High (CH) Future Land Use designation. o Compatibility with Surrounding Land Uses The site is located in a predominately industrial area west of Florida’s Turnpike on the northwest corner of Southern Boulevard and Pike Road. Properties north and west of the subject site are industrial developments. To the south, across Southern Boulevard, is undeveloped land and residential uses with a Future Land Use designation of Low Residential (LR-2) and to the east is the Florida Turnpike. Subject to the conditions of approval, staff does not anticipate any adverse impacts to the surrounding properties from this request. o Traffic The Palm Beach County Engineering Department estimates this request will generate 4,484 trips per day. o Landscape/Buffering The petitioner is proposing to provide a 25 foot wide right-of-way buffer along the north Hooper Road frontage, a 20 foot wide right-of-way buffer along the south Southern Boulevard frontage, a 20 foot wide right-of-way buffer along the east Pike Road


frontage, and a 10 foot wide buffer along the west property line. Staff recommends these buffers be upgraded with additional landscaping to be planted in a meandering a naturalistic pattern. o Signs The petitioner is proposing two 30 foot tall signs with 80 square feet of sign face area per side along Southern Boulevard, and one 10 foot tall sign with 62 square feet of sign face area per side along Pike Road. Staff recommends the site be limited to one 15 foot tall sign with 100 square feet of sign face area per side along Southern Boulevard, and one 10 foot tall sign with 100 square feet of sign face area per side along Pike Road. o Architectural Review At the time of publication of the staff report, the petitioner did not submit any architectural elevations to address architectural consistency required for an MUPD. The ULDC requires all buildings in an MUPD be uniform and consistent with Section 6.6.C architectural design standards. Staff is recommending that architectural elevations be submitted for review and approval prior to the submittal for final Development Review Committee (DRC) certification of the site plan. o Development Intensity

The petitioner submitted a site plan dated February 18, 2003, proposing 3 fast food restaurants and a convenience store with gas sales. Staff has concerns with the proposed internal traffic circulation from this request. Section 7.2.C.13.b.2.a of the ULDC states: “Structures, vehicular circulation lanes, parking spaces, driveways, and open spaces shall be designed to provide logical, impediment free pedestrian movement. The site shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.” The proposed design layout does not facilitate safe internal traffic circulation and the proposed uses are too intensive for the site. 1.) The site plan shows no main internal drive aisle, which can be shared by all the proposed uses. 2.) The plan also shows 2 dead-end parking areas, which does not facilitate convenient vehicular circulation. To address these concerns, staff recommends the site be redesigned to address traffic circulation issues, eliminate dead-end parking or to reduce the number of fast food restaurants.

At time of publication of the staff report, the petitioner has not agreed to do any of the

above. ______________________________________________________________________


TABULAR DATA

EXISTING

PROPOSED

Property Control Number

00-42-43-27-05-006-4000

Same

Land Use Designation:

Commercial High (CH)

Same

Zoning District:

Light Industrial (IL)

Multiple Use Planned Development (MUPD)

Use:

Industrial

Fast Food Restaurants and Convenience Store with Gas Sales

Acreage:

5.66 acres

Same

Floor Area:

0

15,324 sq. ft.

Building Coverage:

0

.06 FAR:

0

6.22%

Parking:

0

136 spaces

Access:

0

Hooper Road (2) Southern Bloulevard (1)

PUBLIC COMMENT SUMMARY: At time of publication, staff had received 1 letter in support the request. ______________________________________________________________________ RECOMMENDATION: Staff recommends approval of the request, subject to 28 conditions as indicated in Exhibit C. ______________________________________________________________________ MOTION: To recommend a 30-day postponement to address site design issues.




AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT



STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS:

FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High (CH) Underlying Land Use: None

CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to rezone the site from the Light Industrial (IL) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District to allow three (3) restaurants including a fast food restaurant and a convenience store with gas sales and has found it to be consistent with the parcel’s FLU designation.

This site was the subject of previous Large Scale Future Land Use Amendment, 01-63 COM 1 (Southern/Turnpike), Ordinance 2001-36, to change the FLU designation from Industrial (IND) to CH. The Board of County Commissioners (BCC) adopted this amendment on August 27, 2001. There were no conditions associated with this amendment. Staff has determined the development proposal is appropriate for this parcel’s CH FLU designation. The proposed request for a total of 15,324 square feet for the entire site is also consistent with the maximum Floor Area Ratio (FAR) of .50 allowed for a project with a CH (PDD) FLU designation (5.662 acres X 43,560 X .50= 123,318 square feet maximum). The applicant's certified site plan was reviewed for consistency with policies from the FLU and Transportation Elements (TE), including TE Policy 1.9-j (41-TE), and TE Policy 1.9-m (41-TE), which encourage pedestrian interconnectivity and improved pedestrian accessibility both within and between sites. In addition, FLU Policy 1.2-l (11-LU) and FLU Policy 4.3 -i (76-LU) promote the establishment of pedestrian linkages and strengthening the relationship among buildings and their relationship to the street (building mass, placement, and orientation) to increase transit accessibility, pedestrian orientation, and the creation of community spaces. Staff determined that vehicular and pedestrian access to the parcel to the west of the site would be feasible since this parcel is presently vacant and undeveloped. Therefore, Staff requested that a connection to this parcel be placed on the site plan. The applicant revised the site plan to show a future connection to the adjacent parcel west of the site. However, prior to final approval, Staff requests that the applicant show on the site plan that this connection will be paved to the property line. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area of: City of West Palm Beach and the Town of Haverhill.

SPECIAL OVERLAY DISTRIC T/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the CH land use designation of the Palm Beach County Comprehensive Plan.

______________________________________________________________________


ENGINEERING COMMENTS:

MAJOR THOROUGHFARES Total traffic expected from this project is 4,484 trips/day. Required Engineering Related Permits:

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 Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Hooper Road and a permit from the Florida Department of Transportation for access onto Southern Boulevard.

Petitioner has estimated the build out of the project to be 5 years.

The following improvements to the roadway system are required for compliance with the Traffic Performance Standards: 8 Lane Widening of Southern Boulevard from State Road 7 to Haverhill Road. Site Design: Internal Site Circulation - It is recommended that internal parking aisles be connected where possible to internal driveways. It is recommended that the dead end parking aisle should be connected with the internal drive in the southwest corner of the parcel.

TRAFFIC: Southern Boulevard SEGMENT: Pike Road to Jog Road PRESENT: 31,562 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 1,811 TOTAL: 32,573 CAPACITY OF 8 LANE SOUTHERN BOULEVARD AT LEVEL OF SERVICE "D": 58,000 *FUTURE LANEAGE: 8 Lane *This project will be phased to the 8 lane construction of Southern Boulevard _____________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT:

WATER: Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems must be abandoned in accordance with Palm Beach County ECR-II. SEWER: Sewer service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Rule 64E-6 FAC and Palm Beach County ECR-I.

______________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site currently contains no native vegetation.

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.

FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards).

______________________________________________________________________ OTHER:

FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection.

SCHOOL IMPACTS: No educational impacts.

PARKS AND RECREATION: No comment.

CONCURRENCY: A Concurrency Reservation, 20020086, exists for three (3) 3,700 square foot fast food restaurants and a 4,224 square foot convenience store with a 792 square foot accessory car wash. WATER/SEWER: Palm Beach County.

______________________________________________________________________ DEVELOPMENT REVIEW EVALUATION:

SITE FACTORS: A 5.66 acre site, approximately 674 feet in width with an average depth of 500 feet accessed by Hooper Road and Southern Boulevard. The site currently supports an Industrial use.

ADJACENT LAND USE AND ZONING:

NORTH: Comprehensive Plan: Industrial (IND)

Zoning District: Light Industrial (IL) Supporting: Industrial

SOUTH: Comprehensive Plan: Low Residential 2 (LR-2)

Zoning District: Agricultural Residential (AR) Supporting: Residential (Across Southern Blvd.)

EAST: Comprehensive Plan: Industrial (IND)

Zoning District: Agricultural Residential (AR) Supporting: Industrial

WEST: Comprehensive Plan: Industrial (IND) Zoning District: Agricultural Residential (AR) Supporting: Residential

FINDINGS: 1. Consistent with Comprehensive Plan. The requested uses are consistent

with the site’s Commercial High Future Land use designation.


2. Complies with supplementary use standards. The requested uses comply with the appropriate portions of Sec. 6.6, Supplementary Regulations of the Code subject to satisfaction of the conditions of approval.

3. Compatibility. The requested uses are compatible as defined in the Code

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

4. Design minimizes adverse impact. The design of the proposed project

imposes adverse effects, including internal circulation and intensity of the requested uses. The proposed design layout does not facilitate safe internal traffic circulation and the number of requested uses is intensive for the site. The site plan shows no main internal drive aisle, which can be shared by all the proposed uses. Subject to condition C.1 the plan would minimize adverse impact to the site.

5. Adequate public facilities. The requested uses are in compliance with

Article 11, Adequate Public Facility Standards. 6. Design minimizes environmental impact. The requested uses will not

adversely impact the natural environment, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

7. Development patterns. The requested uses will result in logical, timely and

orderly development patterns. 8. Other relevant standards of the Code. The proposed site plan shows

dead-end parking, which is strongly discouraged. Dead-end parking does not provide sufficient space for a vehicular turn around. (See condition L.1.)

9. Consistency with neighborhood plans. Not applicable 10. Changed circumstances. The petitioner indicates there are no changed

circumstances; however, the subject site currently supports commercial uses.

______________________________________________________________________ EXHIBITS

Exhibit A: Legal Description (NA - attached to resolution)

Exhibit B: Vicinity Sketch

Exhibit C: Conditions of Approval

Exhibit D: Accident History Report


EXHIBIT C

CONDITIONS OF APPROVAL A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated February 18, 2003. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING-Zoning)

B. ARCHITECTURAL CONTROL

1. At time of submittal for final DRC certification, the architectural elevations shall be submitted for architectural review and approval. Elevations and the site plan shall be designed to be consistent with Sec. 6.6.E and 6.6.C of the ULDC. Development shall be consistent with the approved architectural elevations and DRC certified site plan. (DRC: ARCH. REVIEW - Zoning)

C. BUILDING AND SITE DESIGN

1. Prior to final DRC certification of the site plan, the petitioner shall revise

the site plan to limit the site to two (2) fast food restaurants and one (1) convenience store with gas sales, or revise the site layout to provide improved internal traffic circulation and eliminate all dead-end parking areas. (DRC: ZONING - Zoning)

D. LANDSCAPE-STANDARD

1. Fifty-percent (50%) of trees to be planted in the perimeter buffer shall be native canopy trees and meet the following minimum standards at installation:

a. tree height: Fourteen (14) feet; b. trunk diameter: 3.5 inches measured at 4.5 feet above grade; c. canopy diameter: Seven (7) feet – diameter shall be determined by

the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of 3.5 feet in length; and,

d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (CO: LANDSCAPE - Zoning)

2. All palms required to be planted on the property 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. (CO: LANDSCAPE - Zoning)

3. All shrub or hedge materials shall be planted in continuous masses and in a meandering and naturalistic pattern, consisting of a minimum of two (2) to three (3) varying heights. Shrub materials shall be continuously maintained to achieve the following heights and hierarchical effect:

a. eighteen (18) to twenty-four (24) inches – groundcover and small

shrub; b. twenty-four (24) to thirty-six (36) inches – medium shrub;


c. forty-eight (48) to seventy-two (72) inches – large shrub; and, d. this condition does not apply where a single row of hedge is

required on one or both sides of the wall. (CO: LANDSCAPE - Zoning)

4. All trees and palms shall be planted in a meandering and naturalistic

pattern. (CO: LANDSCAPE - Zoning) 5. A group of three (3) or more palm or pine trees may not supersede the

requirement for canopy trees in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

E. ENGINEERING

1 Prior to the issuance of the first Building Permit the property owner shall convey to Palm Beach County Land Development Division by warranty deed for:

a) Hooper Road, 40 feet from centerline; b) A 40 foot corner clip at the intersection of Pike Road and

Southern Boulevard.

Right of way conveyance for Hooper Road shall be from the projects west property line, east a distance of 362.89 feet. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Thoroughfare Plan Road right-of-way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map. (BLDG. PERMIT: MONITORING-Eng)

2. The Property owner shall construct:

A. A right turn lane north approach on Pike Road at Hooper Road; B. Hooper Road as a 3 lane section from Pike Road to the Projects

west entrance plus the appropriate paved tapers.

a) This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way.

b) Permits required by Palm Beach County for this construction

shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: MONITORING-Eng)

c) Construction shall be completed prior to the issuance of the

first Certificate of Occupancy. (CO: MONITORING-Eng) 3. In order to comply with the mandatory Traffic Performance Standards, the

Developer shall be restricted to the following phasing schedule: a) No Building Permits for the site shall be issued until construction

has begun for the 8 lane widening of State Road 80 from Haverhill Road to State Road 7 plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

b) No Building Permits for the site may be issued after December 31,

2007. 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 Section 5.8 of the Unified Land Development Code. (DATE: MONITORING-Eng)

4. LANDSCAPE WITHIN THE MEDIAN OF SOUTHERN BOULEVARD

a) The petitioner shall design, install and perpetually maintain the

median landscaping within the median of all abutting right of way of Southern Boulevard. This landscaping and irrigation shall strictly conform with the specifications and standards for the County=s Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by petitioner shall be perpetually maintained by the petitioner, his successors and assigns, without recourse to Palm Beach County, unless petitioner provides payment for maintenance as set forth in Paragraph D.

b) The necessary permit(s) for this landscaping and irrigation shall be

applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng)

c) All installation of the landscaping and irrigation shall be completed

prior to the issuance of the first certificate of occupancy. (CO: MONITORING -Eng)

d) At the petitioner=s option, when and if the County is ready to install

OTIS on the surrounding medians of this roadway adjacent to the petitioner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the petitioner. The petitioner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the Petitioner. (ONGOING-Eng)

e) Also at the option of the petitioner, and prior to the issuance of a

Building Permit, the petitioner may make a contribution to the County=s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County’s installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project=s front footage along Southern Boulevard. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (ONGONG-Eng)

F. LANDSCAPING ALONG THE NORTH PROPERTY LINE (FRONTAGE OF

HOOPER ROAD)

1. Landscaping and buffering along the north property line shall be upgraded to include:

a. a minimum twenty-five (25) foot wide landscape buffer strip; b. a minimum two (2) to three (3) foot high undulating berm with an

average height of two and one half (2.5) feet measured from top of curb;


c. one (1) native canopy tree for each thirty (30) linear feet of the

property line; d. one (1) palm or pine tree for each thirty (30) linear feet of the

property line with a maximum spacing of sixty (60) feet between clusters; and,

e. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation;

f. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and,

g. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (CO: LANDSCAPE - Zoning)

G. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (FRONTAGE OF

SOUTHERN BOULEVARD) AND THE EAST PROPERTY LINE (FRONTAGE OF PIKE ROAD) 1. Landscaping and buffering along the south and east property lines shall

be upgraded to include:

a. a minimum twenty (20) foot wide landscape buffer strip; b. a minimum two (2) to three (3) foot high undulating berm with an

average height of two and one half (2.5) feet measured from top of curb;

c. one (1) native canopy tree for each thirty (30) linear feet of the property line;

d. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and,

e. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation;

f. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and,

g. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (CO: LANDSCAPE - Zoning)

H. LANDSCAPING - INTERIOR

1. Special planting treatment shall be provided on both sides of the eastern and western access points of Southern Boulevard and Hoover Road. Planting shall consist of the following:

a. a minimum of three (3) Royal Palms; b. a minimum of three (3) flowering trees ; and c. shrub or hedge materials. (CO:LANDSCAPE-Zoning)

2. Special planting treatment shall be provided at the intersection of Pike

Road and Hoover Road. Planting shall consist of the following:

a. a minimum of three (3) specimen palm (Medjool or Canary or Royal);

b. a minimum of five (5) flowering trees; c. shrub or hedge materials; and,


d. an architectural design feature consisting of a wall fountain or a project identification sign with planter. The wall fountain/sign shall be a minimum of six (6) feet in height and sixty (60) square feet in face. (CO:LANDSCAPE-Zoning)

I. LIGHTING

1. All outdoor lighting used to illuminate the subject property and identification signs shall be of minimum necessary to satisfy the Palm Beach County Security Code, low intensity, shielded and directed down and away from adjacent properties and streets. (CO / ONGOING: BLDG / CODE ENF - Zoning)

J. MASS TRANSIT

1. Prior to the issuance of the first building permit, the petitioner shall convey to Palm Beach County an easement for a Bus Stop, Boarding and Alighting Area, subject to the approval of Palm Tran. The location sketch, legal description, and dedication documents of this easement shall be approved by Palm Tran prior to the recordation of the documents. The purpose of this easement is for the future construction of Mass Transit infrastructure in a manner acceptable to Palm Tran. The location of the easement shall be shown on the final site plan or Preliminary Development Plan prior to the final approval of the DRC. (DRC/BLDG PERMIT: MONITORING - Palm Tran)

2. This easement shall be recorded as a separate instrument prior to

Technical Compliance of the first plat. Additionally, the petitioner shall construct continuous paved pedestrian and bicycle access compliant with the American with Disabilities Act to and through the Bus Stop Boarding and Alighting Area. The location of the easement shall be shown on the site plan prior to final certification by the Development Review Committee (TC: PALM TRAN - Palm Tran)

K. MUPD

1. Prior to certification of the preliminary development plan by the Development Review Committee, the petitioner shall record in the public record a covenant requiring architectural consistency between all buildings, signage and project identification. Consistency shall include, at a minimum, an overall unified image and character created by the use of common elements such as building materials, roof lines, muted colors, fenestration, architectural features, and architectural elements. The covenant shall be recorded in a form and manner acceptable to the Zoning Division and County Attorney. The covenant shall not be removed, altered, changed or amended without written approval from the Zoning Director. (DRC: ZONING / COUNTY ATTY - Zoning)

L. SIGNS

1. Freestanding point of purchase signs fronting on Southern Boulevard shall be limited as follows:

a. maximum sign height, measured from finished grade to highest

point - fifteen (15) feet; b. maximum sign face area per side – one hundred (100) square feet; c. maximum number of signs - one (1);

d. style - monument style only; and, e. location - Southern Boulevard frontage;

f. Signs shall be limited to identification of tenants only. (CO: BLDG - Zoning)


2. Freestanding point of purchase signs fronting on Pike Road shall be limited as follows:

a. maximum sign height, measured from finished grade to highest

point - ten (10) feet; b. maximum sign face area per side – one hundred (100) square feet; c. maximum number of signs - one (1);

d. style - monument style only; and, e. location - Pike Road frontage

f. Signs shall be limited to identification of tenants only. (CO: BLDG - Zoning)

M. USE LIMITATION

1. Repair or maintenance of vehicles shall not be permitted on site. (ONGOING: CODE ENF – Zoning)

2. Total gross floor area for the convenience store with gas sales shall be

limited to a maximum of 4,224 square feet with 20 pumps and a 792 square foot accessory car wash. (DRC: ZONING - Zoning)

3. Storage or placement of any material, refuse, equipment or debris shall

not be permitted in the rear of the facility. (ONGOING: CODE ENF - Zoning)

4. Parking of delivery vehicles or trucks shall not be permitted on the

property except within the designated loading space located in the rear of the property. (ONGOING: CODE ENF - Zoning)

N. COMPLIANCE

1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner 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: MONITORING - 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; 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 ULDC 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 a 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 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.

Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING-Zoning)


EXHIBIT D ACCIDENT HISTORY REPORT




Documents

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: PDD2002-028 Petitioner: Fred Keller Trust ... car wash