PALM BEACH COUNTY PLANNING, ZONING AND BUILDING …Jog Road and Belvedere Road and the construction...

ZC August 2, 2007 Page Application No. Z/CA-2006-1818 BCC District 06 Control No. 2003-020 Project No. 00873-000

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PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: Z/CA2006-1818 Control No.: 2003-020 Applicant: Ok Ventures LLC

Stuart Ledis Owners: Ok Ventures Llc

Stuart Ledis Agent: Greenberg Traurig, PA - Ronald Kollins Telephone No.: (561) 650-7984 Project Manager: Carrie Rechenmacher, Senior Site Planner ______________________________________________________________________ Location: Southwest corner of Belvedere Road and Jog Road (Ledis Rezoning). ______________________________________________________________________ Title: An Official Zoning Map Amendment. Request: Rezoning from the Single family Residential (RS) Zoning District to the Community Commercial (CC) Zoning District. Title: A Class A Conditional Use. Request: To allow a convenience store with gas sales. ______________________________________________________________________ APPLICATION SUMMARY: Proposed is the rezoning of a 2.55 acre parcel of land from the Residential Single Family (RS) to the Community Commercial (CC) Zoning District to allow the development of a convenience store with gas sales and a retail facility. The site plan indicates a 3,500 square foot convenience store with gas sales for 6 pumps, 12 fueling positions, and a separate 3,500 square foot retail structure. The convenience store is located on the north side of the property, the gasoline pumps with stacking are locted on central portion of the site and the retail structure is located on the southern most portion of the site adjacent to a vacant civic parcel of Johnson PUD. A total of 36 parking spaces will be provided and with two access points from Jog Road. ______________________________________________________________________ FINDINGS: o Denial Recommendation When considering a development order application for a proposed amendment, the Board of County Commissioners (BCC) or Zoning Commission (ZC) shall consider the following standards indicated below. An amendment, which fails to meet any of these required standards, shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Articles 2.B.1.B and 2.B.2.B and provides the following assessment: Rezoning Standards (Article 2.B.1.B): 1. Consistent with Comprehensive Plan. The Planning Division has reviewed the application and determined that the concurrent Small Scale Land Use Amendment to change the Future Land Use from Low Residential 2 units per acre (LR-2) to Commercial Low with underlying Low Residential 2 (CL/2) is inconsistent with the County's Comprehensive Plan, is incompatible with adjacent future land uses, is inconsistent with the county directive to protect residential areas from potentially


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adverse impacts. The proposal is also inconsistent with the Jog Road Corridor Study Area, PBIA Overlay, and Haverhill Area Neighborhood Plan. Finally, the proposed amendment is inconsistent with the compatibility directive of the Comp Plan. Contingent upon approval of the Future Land Use (FLU) amendment, the proposed request for a total of 7,000 square feet would be consistent with the maximum Floor Area Ratio (FAR) of .20 allowed for a project with an CL (non-PDD) FLU designation. In addition the site is within the boundaries of the Lake Worth West Countywide Community Revitalization Team, and is in an Urban Redevelopment Area. On Friday January 19, 2007, a hearing was held before the Land Planning Agency (LPA) to consider the applicant's request for a Land Use change for the above property. A member from the PBIA Overlay Committee spoke about the problem of noise that is created by traffic on the roadways. LPA members discussed issues such as the need to see the big picture”, the need for workforce housing in the area, the recommendation of the PBIA Overlay Report that encourages Industrial Uses in the area, the negative effects of strip commercial and the possible domino effect that it may encourage, and that the development of this property may be premature in that the properties to the west of the site could be included in the development of a more comprehensive and coordinated approach to development in this area. A motion to accept the recommendation of staff to deny the proposal was passed in a unanimous vote of 11-0. See Planning Division Comments for additional information and further discussion on these issues. 2. Consistent with Code. The proposed amendment is in conflict with Article 1.A.1.C of the ULDC (Consistency with the Plan) however if the FLU amendment is approved then the request would be generally consistent with the stated purpose and intent of the Code; The site plan is in compliance with the land development regulations within the ULDC to ensure the safe, compatible and appropriate use of the property. Additional proposed conditions will require landscaping and buffers and other design standards in excess of Code regulations. 3. Compatible with surrounding uses. The Planning Division has determined that the proposed FLU amendment from LR-2 to CL is inconsistent with the County's Comprehensive Plan. The proposed rezoning request is not compatible with adjacent future land uses and is generally inconsistent with the uses and character of the residential properties surrounding and in the vicinity of the land proposed for development. The property is located at a “major intersection” as defined by the code. The site to the west has a Low 2 Residential FLU designation but is operating as a nursery. The conditions require a masonry wall within a Type 2 Incompatibility buffer to mitigate any negative effects to the west and south. Access to the site will be entirely from Jog Road, and conditions for a pedestrian cross access would be recommended for the civic parcel to the south. The convenience store with gas sales is generally inconsistent with the residential uses existing and proposed in the immediate surrounding area. The location is also adjacent to Jog Road Turnpike interchange however the long narrow configuration of the site and variance approved for the lot width contribute to the function of this site as an undesirable use as a strip commercial parcel. 4. Effect on Natural Environment. The limited size of the site, coupled with largely exotic vegetation, results in almost no negative effects on the Natural Environment through the redevelopment of the site. The introduction of native vegetation, structures to retain water, and the implementation of all safeguards required by the sites location within the TAPO will ensure the appropriate health regulations would not result in significantly adverse impact on the natural environment;


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5. Development Patterns. The current construction of multiple residential communities, and the Turnpike interchange, provide opportunities for this site. The LPA however find this premature and causing strip commercial and inconsistent with many other policies in the Comprehensive Plan causing this proposal to not result in a logical and orderly development pattern; 6. Consistency with Neighborhood Plan. The proposal is also inconsistent with the Jog Road Corridor Study Area, PBIA Overlay, and Haverhill Area Neighborhood Plan. There are several recommendations in conflict with the Plans and Studies affecting this area. Both the Haverhill Neighborhood Plan and Jog Road Corridor Study request that the area maintain the residential land uses along Belvedere Road and at the intersection of Jog and Belvedere. The Jog Road Corridor Study recommends the prohibition of general retail uses at this location. The Jog Road Corridor Study also requires a buffer of native vegetation along Belvedere and Jog Roads to maintain the residential character of the area. PBIA Overlay Committee: On Wednesday January 10, 2007 a hearing was held to review the applicant's proposal. A motion was made and seconded to accept the site plan with a recommendation to approve the proposal by the applicant. A vote was taken with a vote of 5-0 in favor of the applicant; and, 7. Adequate Public Facilities. The proposed rezoning is approved and requested use is approved for a 3,500 square foot convenience store, with 12 fueling positions and a 3,500 square foot retail facility and complies with Article 2.F, CONCURRENCY (Adequate Public Facilities). 8. Changed conditions. The immediate area is experiencing an expansion of Jog Road and Belvedere Road and the construction and near completion of the Turnpike interchange onto Jog Road north of the property. The area also continues to attract increasing industrial uses encourage by the PBIA-Overlay. The residential PUDs to the north of the subject site would provide an increase of traffic to the area and the applicant maintains the impact of the new residences will create a need for a neighborhood commercial site. The PUD to the north has a condition to undertake a noise study, to build noise abatement walls and buffers, and to notify all future residents of potential noise nuisance problems due to commercial uses and highway and Turnpike noise traffic for the new Jog Road exit only interchange. At the time this plan was adopted, Jog Road had not yet been extended through the area, and the Belvedere Road widening had not yet taken place. Because of this, the character of the area surrounding the subject property was significantly different, although the PBIA Overlay was already in existence and some industrial properties were being introduced to the area. At this time with Jog Road built, and the expanded intersection in place, the nature of this area within the Urban/Suburban tier has greatly changed. Requested Use Standards (Article 2.B.2.B) 1. Consistent with Comprehensive Plan. See Rezoning Standard 1. 2. Consistency with the Code. As outlined the staff report the proposed conditional use complies with all relevant and appropriate portions of Article 4.A, Supplementary Regulations of the Code and Article 5 intersection criteria; Article 7 parking and queuing; Article 8 Landscaping;. The proposal is not consistent with Article 1 consistency with the Comprehensive Plan as there are many compatibility issues that the Planning Division has commented on and that are in conflict with the Comprehensive Plan. 3. Compatibility. See Rezoning Standard 3. 4. Design Minimizes Adverse Impact. Conditions of approval are proposed that would limit the amount of gasoline pumps, hours of operation, access, lighting,


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signage, additional landscaping and a wall adjacent to the west and south. These conditions, ULDC Code Requirements, and additional use limitations would safeguard further potential negative issues. The design of the proposed conditional use would then minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands; 5. Design Minimizes Environmental Impact. See Rezoning Standard 4. 6. Development Patterns. See Rezoning Standard 5. 7. Consistency with Neighborhood Plans. See Rezoning Standard 6.

8. Adequate Public Facilities. See Rezoning Standard 7. 9. Changed Circumstances. See Rezoning Standard 8. If the Zoning Commission recommends approval of this request, staff would recommend conditions of approval as indicated in Exhibit C to address concerns as listed in the Findings summary. _____________________________________________________________________ ISSUES SUMMARY o Traffic The Traffic Division estimates that this request will generate approximately 1,810 trips per day. See Traffic Comments for further information. o Landscape/Buffering Staff recommends landscape focal points to be provided on both sides of the Jog Road entrances and the northeast and southeast corners of the site. All landscape focal points shall be subject to review and approval by the Landscape Section and reflected on the Regulating Plan prior to final approval by the Development Review Officer (DRO). (See Landscape Condition 3.) Eastwood PUD approved on the north side of the subject site in June of 2006 R-2006-1193 has a condition requiring a special planting treatment for the intersection of Belvedere Road and Jog Road. Staff recommends a condition to mirror this special landscape treatment required for the Ledis property. The landscape condition requires installation of three (3) specimen palms, a minimum of five (5) flowering trees and appropriate shrub or hedge materials and ground cover. (See Landscape Condition 5) To buffer the existing residential uses along the south and potential residential along the west property line staff recommends a six-foot high opaque concrete wall within the required 15 foot incompatibly buffer. Both sides of the wall shall be given a finished architectural treatment that is consistent with the color and style of the principal structure; and, one pine for each for each 30 linear feet of the property line with a maximum spacing of 60 feet between clusters. (See Landscape Condition 4.) o Signs To assure compatibility with the area including the commercial and neighboring and the residential uses to the north and south staff recommends freestanding signs fronting on Jog Road shall be limited to one monument sign a maximum height of ten feet, maximum sign face area 100 square feet. (See Sign Condition 1.)


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o Architectural Review The proposed development is subject to Article 5.C. Architectural Guidelines. Staff is recommending that architectural elevations for the structure shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the approved site plan, all applicable conditions of approval, and all ULDC requirements. ULDC. Those elevations are required to be consistent the DRO. (See Architecture Condition 1). Architecture Condition 2. Limits the canopy height to 16 feet, and lighting and signage for the canopy over the gasoline pumps. Architecture Condition 3 limits the height of the Convenience store and Retail use to a maximum of 26 feet.

o Zoning Variance A Zoning variance was approved in January 2007- ZV 2006-01748 approving a reduction of 40 feet from the lot depth requirement from the minimum lot depth requirement of 200 feet in the Community Commercial (CC) Zoning District. The approval for the reduction of the required lot depth was necessary to allow the development of the site for a convenience store with gas sales. The variance approval allowed the applicant to proceed with the Land Use Amendment and rezoning applications. The site was previously approved in 2003 for the lot depth variance but the variance expired and therefore required a new approval.

o Location and Separation Criteria A convenience store with gas sales is subject to the location criteria of Article 4.B.1.A.18.a. requiring the BCC to make a finding that the use is appropriately located. The BCC shall consider whether or not there is :

• Adequate ingress and egress; • Adequate buffer and setbacks from residential areas; • Sufficient vehicle stacking, circulation, and area for turning movements; • Number of fueling positions is excessive; and, • Number of similar station in the vicinity.

To reduce the impact of this proposal staff is recommending Use Limitation Condition 3. to reduce the number of gasoline pumps from 6 pumps 12 fueling positions to 5 pumps 10 fueling positions. Staff has also provided conditions allowing no additional services such as truck rentals and limited hours of operation for the separate retail facility. (See Use Limitation Condition1 and 2)

The proposal must demonstrate compliance with Article 5.E.2.B. location criteria and intersection criteria of Article 4.B.1.A.18 which allows a maximum of two C-stores with gas sales and/or auto service within 1,000 feet of a major intersection. The existing auto service use is currently the only one at this intersection. A map is attached with existing uses within 1,000 feet of the subject property. The measure of the separation criteria is from another same or existing use. Since the proposed use is within 1000 feet of the intersection it is exempt from this criteria therefore the criteria requiring separation from a similar use does not apply.

o Major Intersection Criteria

The subject site has a Commercial Low (CL) Future Land Use designation, which is subject to the major intersection criteria for a proposed convenience store with gas sales. The property is bounded on the north by a Lake Worth Drainage District (LWDD) L-3 canal and Old Belvedere Road providing a 550-foot separation to the Belvedere Road right-of-way line. Since a drainage easement and the Old Belvedere Road alignments no development can occur on the tract of land between the existing Belvedere Right-of-way and the subject property, which support both. Staff has discussed this matter with Engineering and after careful consideration has made


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the determination this property does meet the intersection location criteria. Therefore, the general intent of this code will be met to ensure the proposed gas stations and convenience stores are located at an intersection. o Generator In light of recent concerns regarding backup power generation, staff is recommending a condition of approval requiring a generator. The condition language is similar to that currently being required for PUD clubhouses (See Convenience Store with Gas Sales Condition 2). ______________________________________________________________________

TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-42-43-27-05-005-0051 00-42-43-27-05-005-0054

Pending

Land Use Designation:

Low Residential (LR-2) Low Residential (LR-2)

Zoning District: Single-Family Residential District (RS)

Community Commercial (CC)

Tier: Urban/Suburban Same Use: Single-Family

Convenience Store with Gas Sales Retail Sales, General

Acreage: 2.55 acres Same Floor Area: N/A 6.3% Building Coverage: N/A 52% Parking: 2 spaces 36 spaces Access: Jog Road (1) Jog Road (2)

CODE ENFORCEMENT: N/A ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no letters from the public. ______________________________________________________________________ RECOMMENDATION: Staff recommends denial of the request. ______________________________________________________________________ MOTION: To recommend denial of an Official Zoning Map Amendment from the Single family Residential (RS) Zoning District to the Community Commercial (CC) Zoning District. MOTION: To recommend denial of a Class A Conditional Use for a Convenience Store with Gas Sales.


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AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT


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SITE PLAN DATED MAY 14, 2007


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REGULATION MAP DATED MAY 14, 2007


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GAS STATION VICINITY MAP LOCATOR Dated July 20, 2007


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STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: EXISTING FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 2 units per acre (LR-2). PROPOSED FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial Low with underlying Low Residential 2 units per acre (CL/2) CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The site is located within the Urban/Suburban Tier and has a future land use (FLU) designation of Low Residential 2 (LR-2). This site is the subject of a concurrent Small Scale Land Use Amendment Belvedere/Jog Commercial SW (SCA-2007-00004) to change the Future Land Use to Commercial Low with underlying Low Residential 2 (CL/2). The Planning Division has reviewed the request to rezone the property from the Agricultural Residential (AR) Zoning District to the Community Commercial (CC) Zoning District with a Class A Conditional Use to allow a convenience store with gas sales and a fast food restaurant. Contingent upon approval of the FLU amendment, the proposed request for a total of 7,000 square feet would also be consistent with the maximum Floor Area Ratio (FAR) of .20 allowed for a project with an CL (non-PDD) FLU designation (2.55 acres X 43,560 X .20= 22,215 square feet maximum). Staff is recommending denial of this proposed amendment based on the following analysis as stated in the Small Scale Land Use Amendment staff report: Overall, the proposed amendment from LR-2 to CL is inconsistent with the County's Comprehensive Plan, is incompatible with adjacent future land uses, is inconsistent with the county directive to protect residential areas from potentially adverse impacts, while meeting all relevant public facility requirements. The proposal is also inconsistent with the Jog Road Corridor Study Area, PBIA Overlay, and Haverhill Area Neighborhood Plan. Finally, the proposed amendment is inconsistent with the compatibility directive of the Comp Plan. As such, staff recommends denial of the applicant's request. On Friday January 19, 2007, a hearing was held before the LPA to consider the applicant's request for a land use change for the above property. Presentations were made by both the owner's agent and the County's Project Manager. A member from the PBIA Overlay Committee spoke about the problem of noise that is created by traffic on the roadways. LPA members discussed issues such as the need to see the big picture”, the need for workforce housing in the area, the recommendation of the PBIA Overlay Report that encourages Industrial Uses in the area, the negative effects of strip commercial and the possible domino effect that it may encourage, and that the development of this property may be premature in that the properties to the west of the site could be included in the development of a more comprehensive and coordinated approach to development in this area. A motion was made to accept the recommendation of staff to deny the proposal and was passed in a unanimous vote of 11-0. TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is located within the future annexation area of the Cities of Haverhill and West Palm Beach. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality.


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SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject site is located within the boundaries of the Palm Beach International Airport Overlay Zone, the Jog Road Corridor Study, and the Haverhill Area Neighborhood Plan. This petition has been reviewed in relation to the Haverhill Area Neighborhood Plan, the Jog Road Corridor Study, and previous recommendations of the PBIA-Overlay that have been incorporated into the Comprehensive Plan. Staff has determined the following recommendations are in conflict with the petition: Haverhill Neighborhood Plan: Rec. 10: Preserve the residential character along Belvedere Road by retaining all residential future land use designations between Military Trail and Florida's Turnpike. (pg. 51) Rec. 12: Maintain residential land uses for all properties fronting on the Jog Road Extension-Belvedere Road intersection. (pg. 51) Jog Road Corridor Study: Rec. 3: Retain the residential FLUA designation of LR-2, Low Residential at 2 units to the acre, along a majority of Belvedere Road. (pg. 58) Rec. 4: Prohibit general retail commercial uses or industrial uses. (Limited retail uses should only be permitted as part of a mixed-use project, and those uses should be internal to the site so as not to disrupt the residential character of the Belvedere Road Corridor.) (pg. 58) Rec. 5: Require a buffer of native vegetation along Belvedere and Jog Roads to retain the residential character. (pg. 58) Conclusions: There are several recommendations in conflict with the Plans and Studies affecting this area. Both the Haverhill Neighborhood Plan and Jog Road Corridor Study request that the area maintain the residential land uses along Belvedere Road and at the intersection of Jog and Belvedere. The Jog Road Corridor Study recommends the prohibition of general retail uses at this location. The Jog Road Corridor Study also requires a buffer of native vegetation along Belvedere and Jog Roads to maintain the residential character of the area. To be consistent with recommendations in these documents, these Plans/Studies would recommend that the zoning and land use change not be granted for the subject site. PBIA Overlay Committee: On Wednesday January 10, 2007 a hearing was held to review the applicant's proposal. Points of discussion include whether the proposed change in Land Use would create strip commercial, whether or not the change was consistent with the PBIA Overlay recommendations, if the changes met the recommendations of the various Neighborhood Plans and if the change would impact the surrounding properties. A point raised by the agent was that the noise from traffic in the area had increased immensely and the applicant (who lives on the property) could not sleep. A motion was made and seconded to accept the site plan with a recommendation to approve the proposal by the applicant. A vote was taken with a vote of 5-0 in favor of the applicant. The chairman did not vote. FINDINGS: The request is consistent with the proposed CL/2 land use designation of the Palm Beach County Comprehensive Plan. However, the request is inconsistent with the Jog Road Corridor Study, and the Haverhill Area Neighborhood Plan. ______________________________________________________________________ ENGINEERING COMMENTS: MAJOR THOROUGHFARES a. Total traffic expected from this project: 3,500 square feet retail; one 12 pump island gas station;


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3,500 square foot convenience store is 1,810 trips/day. b. Required Engineering Related Permits:

1) 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.

2) The property owner shall obtain a Turnout Permit from the Palm Beach

County Engineering Department, Permit Section, for access onto Jog Road

c. Petitioner has estimated the buildout of the project to be prior to 1/1/2011

TRAFFIC: Jog Road SEGMENT: Project entrance to Belvedere PRESENT: 33832 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 959 TOTAL: 34791 PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 49200 PRESENT LANEAGE: 6 lane

______________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT: Vapor Emission Recovery system plans required. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently been cleared and no longer supports significant amounts of native vegetation. WELLFIELD PROTECTION ZONE: The property is located within Wellfield Protection Zones 2, 3 and 4. Construction standards subject to ULDC Article 14.B may apply. 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. ______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project.


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PARKS AND RECREATION: This is a non-residential application and Parks & Recreation ULDC standards do not apply CONCURRENCY: Concurrency has been approved for approved for a 3,500 square foot convenience store, with 12 fueling positions and a 3,500 square foot retail facility and complies with Article 2.F, CONCURRENCY (Adequate Public Facilities). WATER/SEWER PROVIDER: Palm Beach County Water Utilities. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). ______________________________________________________________________ DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 2.55 acre site approximately 660 feet in length and 155 in depth accessed by Jog Road (2). At the January 2006 public hearing the Zoning Commission approved a variance from ULDC Table 3.D.A.1.-16 for the 200 foot depth requirement for a lot in the Community Commercial Zoning District. The site currently supports a single family residence. ADJACENT LAND USE AND ZONING:

NORTH: FLU Designation: Low Residential (LR-3) Zoning District: Residential Planned Unit Development District (PUD) Supporting: PUD ( Control No 2006-009) SOUTH: FLU Designation: Low Residential (LR-2) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Single Family Residential (Johnson PUD, Control No 2001-076) EAST: FLU Designation: Medium Residential (MR-5) Zoning District: Single-Family Residential District (RS) Supporting: Single Family Residential WEST: FLU Designation: Low Residential (LR-2) Zoning District: Agricultural Residential (AR)

Supporting: Commercial Nursery ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable section of the ULDC. Pursuant to Article 5.B.1.A. 18. A permanent generator shall be provided on the site plan prior to final DRO approval.

EXHIBITS

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

Exhibit C: Conditions of Approval

Exhibit D: Disclosure Forms #8 and/or 9 (Not available at time of publication)


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EXHIBIT C

CONDITIONS OF APPROVALS ALL PETITIONS 1. Development of the site is limited to the uses and site design approved by the

Board of County Commissioners. The approved preliminary site is dated May 14, 2007. All modifications must be approved by the Board of County Commissioners or Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRO: ZONING - Zoning)

ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, the

architectural elevations for the convenience store, canopy, and retail building shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning)

2. Gas station canopies shall be designed consistent with the following standards:

a. a maximum height of twenty-five (25) feet with a pitched roof. Roofs shall be peaked or hip on deck with a minimum slope of 4:12 and a maximum slope of 6:12. The fascia for any canopy may not exceed twenty percent (20%) of the overall roof height;

c. the clearance of the canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy;

d. lighting for the gas station canopy shall be recessed; and, canopy signage shall be limited to a maximum of one (1) sign on the east and side of the canopy only a maximum height of eighteen (18) inches. (DRO: ARCH REVIEW - Zoning)

3. The maximum height for the convenience store and retail structure including air

conditioning, mechanical equipment and satellite dishes shall not exceed twenty-six (26) feet. All heights shall be measured from finished grade to highest point. (DRO: ARCH REVIEW - Zoning)

DUMPSTER 1. All areas or receptacles for the storage and disposal of trash, garbage, recyclable

material or vegetation, such as dumpsters and trash compactors, shall not be located within forty (40) feet of the south and east property lines and shall be confined to the areas designated on the site plan. (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:

A) No Building Permits for the site may be issued after January 1, 2011. 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 Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng)


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2. Prior to the issuance of a building permit the property owner shall provide to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of a right turn lane north approach on Belvedere Road at the project's north entrance. This right-of-way shall be a minimum of 280 feet in storage length, fifteen feet in width and a taper length of 50 feet or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include “Corner Clips” where appropriate as determined by the County Engineer. Property owner 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. 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 (BLDG PERMIT: MONITORING-Eng)

3. The Property owner shall construct a right turn lane north approach on Belvedere

Road at the project's north entrance.

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) 4. Landscape Within the Median of Belvedere Road

A. The Property Owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Belvedere Road. This landscaping and irrigation shall strictly conform to the specifications and standards for the Countys Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by Property Owner shall be perpetually maintained by the Property Owner, his successors and assigns, without recourse to Palm Beach County, unless the Property Owner provides payment for maintenance as set forth in Paragraph D below. (ONGOING: ENGINEERING- Code Enf)

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 Property Owners option, when and if the County is ready to install

OTIS on the surrounding medians of this roadway adjacent to the Property Owner 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 Property Owner. The Property Owner shall first be required to correct any deficiencies in the


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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 Property Owner. (ONGOING: ENGINEERING- Code Enf)

E. Alternately, at the option of the Property Owner, and prior to the issuance

of a Building Permit, the Property Owner 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 Belvedere Road. 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. (ONGOING: ENGINEERING- Code Enf)

ENVIRONMENTAL 1. The property is located within Wellfield Protection zones 2, 3 and 4. There may

be construction standards that may apply to the gas station. The property owner shall meet with ERM Wellfield Protection staff to discuss site constraints prior to DRO certification. (DRO: MONITORING -Erm)

CONVENIENCE STORE WITH GAS SALES 1. Prior to final approval by the Development Review Officer (DRO), the site plan

shall be amended to indicate facilities for the provision of free air and water for customer convenience. (DRO: ZONING - Zoning)

Prior to the issuance of a Certificate of Occupancy (CO) for the Convenience Store with Gas sales, the facility shall be equipped with a generator that complies with the following requirements: a. operates essential electrical systems, including A/C systems, for a

minimum of thirty percent (30%) of the gross interior floor area of the building;

b. an aboveground fuel storage system, or an alternative fuel storage system that is acceptable to Palm Beach County, with a minimum capacity that is acceptable to the Building Division shall be located adjacent to the generator;

c. setback in accordance with the Property Development Regulations for in accordance with ULDC Table 3.E.2.D-16;

d. screened from view on all sides by an opaque barrier constructed of compatible materials, color and character as the building or equivalent landscaping; and,

e. subject to review and approval by the Building Division; and, f. deviation from these requirements or required building size shall be

permitted if consistent with future ULDC regulations (CO: MONITORING - Zoning)

HEALTH 1. Prior to the issuance of a building permit, the property owner shall submit

engineering plans and specifications for the Vapor Emmisions Recovery system to be used, to the Palm Beach County Health Department for review and approval. (BLDG PERMIT: MONITORING-Health)

LANDSCAPE – INTERIOR 1. Prior to approval by the Development Review Officer (DRO), the plans shall be

amended to indicate special planting treatment on both sides of the Jog Road


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access points and on the northeast and southeast corners of the site. Planting shall consist of the following: a. a minimum of three (3) Royal Palms, Canary Palms, Phoenix Palms,

Medjool Palms, or other specimen palm that is acceptable to the Landscape Section along each side of the access point(s); and/or,

b. a minimum of three (3) flowering trees along each side of the access points; and,

c. appropriate shrub or hedge materials on both sides of the access points; and,

d. similar and compatible landscape treatment on the northeast and southeast corners of the site. (DRO: LANDSCAPE - Zoning)

LANDSCAPE - STANDARD 1. Prior to the issuance of a building permit, the property owner shall submit a

Landscape Plan and/or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan shall be prepared in compliance with all landscape related conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning)

2. A minimum of sixty-five (65%) percent of canopy trees to be planted in the

landscape buffers shall be native and meet the following minimum standards at installation: a. tree height: fourteen (14) feet; b. trunk diameter: three and one-half (3.5) inches measured at four and one-

half (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 three and one-half (3.5) feet in length; and,

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

3. A landscape focal point shall be provided at both of the Jog Road entrances and

and the northeast and southeast corners of the site. All landscape focal points shall be subject to review and approval by the Landscape Section and reflected on the Regulating Plan prior to final approval by the Development Review Officer (DRO). (DRO: LANDSCAPE - Zoning)

4. LANDSCAPING ALONG THE WEST AND SOUTH PROPERTY LINE

(ABUTTING VACANT AND VACANT CIVIC PARCELS) In addition to code requirements and the proposed landscaping and buffer width along the west property line shall be upgraded to include:

a. a minimum fifteen foot (15) wide landscape buffer strip. No width

reduction or easement encroachment shall be permited; b. a six (6) foot high opaque concrete block wall. Height of the wall shall be

measured from the highest grade of the two adjoining properties or from the nearest adjacent finished floor of the proposed structure. Method of height shall be finalized subject to the review and approval by the Landscape Section to ensure screening effect is achieved for the adjacent property. Both sides of the wall shall be given a finished architectural treatment that is consistent with the color and style of the principal structure;

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

d. an opening or gate to allow a pedstrian connection to the south subject to Planning Division approval. (BLDG PERMIT: LANDSCAPE - Zoning)


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LAKE WORTH DRAINAGE DISTRICT 1. Prior to Platting, the owner shall convey to the District either by warranty or

easement deed, the North 55 feet of Tract 5, Block 5, less lands owned by the District for the required right-of-way for the L-3 Canal. (PLAT: MONITORING-LWDD)

SIGNS

1. Freestanding signs fronting on Jog 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); and, d. style - monument style only. (BLDG PERMIT: BLDG - Zoning)

USE LIMITATIONS 1. The storage of rental trucks/trailers or outside vendors shall not be permitted on

the property. (ONGOING: CODE ENF - Zoning) 2. Retail business activity shall not be allowed for the 3,500 square foot retail

structure on the south portion of the site (not the C-Store), including deliveries, prior to 7:00 a.m. nor continue later than 11:00 p.m. daily. (ONGOING: CODE ENF - Zoning)

3. Prior to final site plan approval the site plan shall be modified to indicate the total

number of gasoline pumps limited to a maximum of five (5) pumps/ ten 10 fueling positions. No further expansion is permitted except subject to BCC approval. (DRO: ZONING - Zoning)

UTILITIES 1. If any relocation/modifications to the County's existing facilities are required that

are a direct or indirect result of the development, the developer shall pay for the complete design and construction costs associated with these relocations/modifications. (ONGOING: MONTORING-Utilities)

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


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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 Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.

Departmental administrative actions made pursuant to this condition may be appealed as 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) This resolution is effective when filed with the Clerk of the Board of County Commissioners.

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PALM BEACH COUNTY PLANNING, ZONING AND BUILDING …Jog Road and Belvedere Road and the construction...

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