PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ZV/DOA Application Name: Polo Club Shoppes Control No.: Applicant: G & I VII Polo Club Llc Owners: G & I Vii Polo Club Llc Agent: Land Design South, Inc. - Jennifer Liszak Telephone No.: (561) Project Manager: David McGuire, Site Planner II TITLE: a Development Order Amendment REQUEST: to reconfigure the site plan, add a new use, and add square footage APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Polo Club Shoppes. The acre site was approved as a Planned Commercial Development for a Large Scale Community Shopping Center in February 1987 and was last approved by the Board of County Commissioners (BCC) on January 7, 2010 to reconfigure the site plan and add a 3,806 square foot freestanding financial institution with 3 drive thru lanes. The applicant proposes a site plan modification to include the addition of a 3,875 square foot Financial Institution with three drive-thru lanes; to reconfigure the parking lot; to covert 700 square feet of Building F to a covered walkway; and to remove existing metal structures in front of Building D. A total of 627 parking spaces will be provided and access to the site will remain from Champion Boulevard, Military Trail and Old Clint Moore Road. The applicant originally requested a concurrent Type II Variance to allow for an easement encroachment into a right of way landscape buffer along Champion Boulevard, however has revised the application request and site design to eliminate that request. SITE DATA: Location: Southwest corner of Military Trail and Champion Boulevard Property Control Number(s) Existing Land Use Designation: Commercial High, with an underlying LR-3 (CH/3) Proposed Land Use Designation: Commercial High, with an underlying LR-3 (CH/3) Existing Zoning District: General Commercial District (CG) Proposed Zoning District: CG/SE Acreage: acres (1.83 affected area) Tier: Urban/Suburban Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile Boca Raton, Delray Beach Future Annexation Area Boca Raton RECOMMENDATION: Staff recommends approval of the requests subject to 15 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 12 letters from the public regarding this project, 3 in support and 9 in opposition. The letters in opposition stated opposition to the request, too much traffic, not enough parking, too much parking, too many trees taken down, retail space is available in vacancies, need more landscaping, parking is designed as a safety hazard to pedestrian areas, entrance to shopping center off of Military is very busy, and elimination water runoff. In addition we received a letter with exhibits in opposition to the requests, from Attorney Michael S. Weiner, who represents a neighboring property owner. ZC June 6, 2013 Page 248

2 ACTION BY THE ZONING COMMISSION: April 4, 2013: During the April 4, 2013 ZC Hearing, the applicant requested a 30-day postponement to meet with the residents in opposition. The ZC moved to postpone the application with an 8-0 vote to the May 2nd ZC hearing. An additional postponement from May to the June 6 th ZC Hearing was requested by the applicant in order to revise application. REVISED PRELIMINARY SITE PLAN: During the requested postponement time period, the applicant met with staff to discuss the proposed request and the issues raised by the opposition. The Applicant modified the Preliminary Site Plan, as indicated in Figure 5, by eliminating the Type II Variance requests, shifting the building and removing one drive-through, below the threshold of modification after certification. PROJECT HISTORY: Application No. Resolution and Request Approval Date R an Official Zoning Map Amendment to Z/SE allow a Rezoning from Single family residential (RS) 02/10/1987 Zoning District to the General Commercial (CG) Zoning District Z/SE R a Special Exception for a Planned Commercial Development that includes a Large Scale Community Shopping Center over 50,000 square feet 02/10/1987 ZR Type II (Concurrent) Zoning Variance ZV/DOA to allow utility easement overlap into right-of-way buffer within affected area 12/04/2009 ZV/DOA R Development Order Amendment (DOA) to reconfigure site plan (add a 3,806 SF Financial Institution 01/07/2010 Additionally there were some Administrative Process modifications to the plan to allow for Type II Restaurants. SURROUNDING LAND USES: NORTH: FLU Designation: Low Residential (LR-3) Zoning District: Planned Unit Development (PUD) Supporting: Multi-family Residential (Control No , The Polo Club Boca Raton) SOUTH: FLU Designation: Com (City of Boca Raton) Zoning District: Planned Industrial Park Development District B2 (City of Boca Raton) Supporting: General Retail and Office CVS/Offices SOUTH: FLU Designation: Medium Residential (MR-5) (City of Boca Raton) Zoning District: Utility (City of Boca Raton) Supporting: FPL Substation (Utility) SOUTH: FLU Designation: Medium Residential (MR-5) (City of Boca Raton) Zoning District: Residential Medium Density (City of Boca Raton) Supporting: Medical Offices EAST: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: General Retail, Restaurants, Financial Institution and Place of Worship. (Control No , Addison Court) EAST: FLU Designation: Medium Residential (MR-5) ZC June 6, 2013 Page 249

3 Zoning District: Planned Unit Development (PUD) Supporting: Retail and Financial (Control No , Boca Golf and Tennis County Club) WEST: FLU Designation: Low Residential (LR-3) Zoning District: Planned Unit Development (PUD) Supporting: Single family Residential (Control No , The Polo Club Boca Raton) 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. The Planning Division has reviewed the request for a Development Order Amendment (DOA) and has found no inconsistencies regarding the request and the CH/3 Land Use designation. The proposed request for a 3,875 square foot Financial Institution on a acre property that would increase the overall square footage of the site to 127,938 square feet. The request would be consistent with a Floor Area Ratio (FAR) of 0.35 for a Commercial High FLU designation with a CG/SE Zoning District designation. The maximum FAR square footage for the site is 208,565 square feet (13.68ac. x 43,560 square feet x 0.35 = 208,565.28) square feet. The proposed Financial Institution with the existing built site equates to an FAR of approximately 0.21 (127,938 / 594,084= 0.21). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The shopping center is not located in any Special Overlay District or Planning Study Area. Planning staff has found the request is consistent with the CH/3 future land use designation of the Palm Beach County Comprehensive Plan. 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 previously approved Final Site Plan indicates a total of 124,063 SF with 627 parking spaces. The proposed Preliminary Site Plan includes an additional 3,875 SF Financial Institution use with three drive-thru lanes in a new, detached building (indicated as Building H) located immediately north of the existing Building G and south of the drainage pond. The Preliminary Site Plan indicates a total of 127,938 SF and 582 provide parking spaces. While there are 45 fewer parking spaces, the current proposal provides 70 parking spaces beyond the minimum 512 required. Additionally, approximately 700 square feet of retail space located along the west end of Building F is being converted to a covered walkway while maintaining the existing roof of the building in place. This applicant indicates that the modification is to encourage use of the parking located in the rear of the buildings The proposed amendment to allow additional square footage to the existing General Retail and Financial Institution uses complies with the Code with regard to use, layout, function, and general development characteristics. The proposed modification to the site plan also complies with all ZC June 6, 2013 Page 250

4 applicable portions of Article 4.B, Supplementary Use Standards. As proposed and subject to the recommended conditions of approval, staff anticipates no adverse impacts to the surrounding properties from the request. 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 amendment is compatible with the surrounding uses as the new building is located within the existing MUPD with existing circulation patterns and buffering from adjoining roadways and residential uses. Subject to the Conditions of Approval, staff does not anticipate any significant incompatibility issues. 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 subject parcel has a zoning designation of CG/SE which is equivalent to the MUPD zoning district. Additionally, the site has a Future Land Use designation of CH/3. The proposed building is to be located the corner nearest the intersection of Champion Boulevard and Military Trail just south of the drainage pond in a space currently occupied by parking. The proposed design minimizes adverse impacts through architectural compatibility with the structure and landscape installation consistent with the requirements of the Code or as allow or required through condition. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. ENVIRONMENTAL RESOURCE MANAGEMENT VEGETATION PROTECTION: The site has been previously cleared and developed. WELLFIELD PROTECTION ZONE: The property is not located with 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 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 ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposed DOA is a logical, orderly and timely development pattern as the existing four corners of this intersection are already constructed as intense commercial developments. Furthering the intensity on the development is consistent with the development patterns. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. 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. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis FIRE PROTECTION: No Staff Review Analysis ZC June 6, 2013 Page 251

5 SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis WATER/SEWER PROVIDER: Palm Beach County Water Utilities will provide water and sewer. CONCURRENCY: Concurrency has been approved for 120,257 SF General Retail Sales and 7,681 SF Financial Institutions. The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facilities Standards) 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The applicant states that due to growth in residential development in this area of Palm Beach County has caused an increase in demand for Financial Institutions. The site currently supports a Shopping Center with 120,257 SF General Retail Sales and 7,681 SF Financial Institutions. The applicant is proposing to modify the site plan to add 3,875 square feet of Financial Institution. The applicant maintains that the proposed Financial Institution will offer a service to the surrounding community and the proposed modifications to the existing shopping center will enhance the shopping center to provide more financial services that are vital to the livelihood of competing commercial markets. The approval of the proposed DOA will promote efficient use of the County s land by expanding and improving an existing use rather than develop a green field site to provide sufficient space for the intended Financial Institution use. Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, staff is recommending approval of the proposed DOA. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended conditions of approval as indicated in Exhibit C. ZC June 6, 2013 Page 252

6 CONDITIONS OF APPROVAL EXHIBIT C-2 Development Order Amendment ALL PETITIONS 1. Previous ALL PETITION CONTION #1 of Resolution R which reads as follows: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control ) and R (Control ), have been consolidated as contained herein. The property owner shall comply wiht all previous conditions of approval and deadlines previoulsy established by Article 2.E of the Unified Land Development Code (ULDC) and the Board of County Commissioenrs or Zoning Commission, unless expressly modified. is hereby amended to read All previous Conditions of Approval applicable to the subject property, as contained in Resolution R (Control ), have been consolidated as contained herein. The Property Owner shall comply with all previous Conditions of Approval and deadlines previously established by Article 2.E of the Unified Land Development Code and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous ALL PETITION Condition #2 of Resolution R which reads: The approved Preliminary Site Plan is dated October 15, MOdifications to the Development Order inconsistent with the Conditions of Approval, or hanges to the uses or site design beyond the authority of the DRO as estalished in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. is hereyb amended to read The approved Preliminary Site Plan is dated 2/14/2013. 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) ARCHITECTURAL REVIEW 1. Previous ARCHITECTURAL REVIEW Condition #1 of Resolution R which reads: At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Financial Institution shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC). Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. is hereby amended to read At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC). Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO: ZONING - Zoning) ENGINEERING 1. The Developer shall pay a Fair Share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance prior to the issuance of the next building permit. The Fair Share Fee for this project presently is $37, (1,396 trips X $26.79 per trip). ZC June 6, 2013 Page 253

7 (BLDG PERMIT: MONITORING-Eng) (Previous Condition E4 of Resolution R , Control No ) [Note: COMPLETED] 2. Prior to Site Plan Certification, the Site Plan shall be revised to reflect the following: a. Medians shall be constructed within the subject site at the project's entrance onto Champion Way (150 feet) and Military Trail (100 feet). b. A minimum clear area of 150 feet to be used for stacking distance at the project's entrance onto Champion Boulevard with a minimum of 100 feet of staking for Military Trail. (DRO: ENGINEERING-Eng) (Previous Condition E5 of Resolution R , ) [Note: COMPLETED] 3. The property owner shall convey a temporary road drainage easement along the souith property line for Clint Moore Road subject to approval from the Office of both the County Attorney and the County Engineer prior to Master Plan approval. This easement shall expire at the time of the abandonment of Clint Moore Road. (DRO: ENGINEERING-Eng) (Previous Condition E6 of Resolution R , ) [Note: COMPLETED Old Clint Moore Road has been abandoned] 4. Prior to issuance of the first building permit for the bank proposed with Application ZV/DOA , the property owner shall revise the limits of tracts A and C as shown on Plat Book 59, Pages (BLDG PERMIT: MONITORING-Eng) (Previous Condition E7 of Resolution R , ) [Note: COMPLETED] 5. Previous Condition E8 of Resolution No. R ,, which currently states: 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 after December 31, 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.E of the Unified Land Development Code. (DATE: MONITORING-Eng) Is hereby deleted. [Reason: Remaining impacts do not warrant buildout date regulation] 6. Prior to the issuance of a building permit, the Property Owner shall abandon, and relocate if necessary, the portion of the Palm Beach County Easement recorded in Official Record Book 5490, Page 1052 that is within the footprint of proposed structures. (BLDG PERMIT: MONITORING-Eng) HEALTH 1. Since sewer and water service are available to the property, septic tank and well shall not be approved for use on the subject property. (ONGOING: HEALTH-Health) (Previous condition Health 1. of Resolution R ; Control ) LANDSCAPE - INTERIOR 1. Previous LANDSCAPE INTERIOR Condition #1 of Resolution R which reads: Prior to Certificate of Occupancy, all dead and missing trees must be replaced. is hereby amended to read: Prior to June 6, 2014 or issuance of a Certificate of Occupancy -which ever occurs first, the Property Owner shall replace all dead and missing plant materials on the entire subject property. (DATE/CO: LANDSCAPE - Zoning) LANDSCAPE - INTERIOR-MEDIAN DRIVE THRU FOR BUILDING A 2. A divider median shall be provided between each adjacent drive-thru lane as follows: a. a minimum width of three (3) feet excluding curb. This median shall extend a minimum distance of five (5) feet beyond the East and West boundaries of the overhead canopy. ZC June 6, 2013 Page 254

8 b. the East and West extensions of this median beyond the overhead canopy shall be planed with a palm having a minimum grey wood height of ten (10) feet and appropriate ground cover; and, c. the remaining portions of this median lying beneath the overhead canopy shall be surfaced with brick, precast paving block, or other decorative paving surface. (BLDG PERMIT: LANDSCAPE- Zoning) (Previous LANDSCAPE Condition #3 of Resolution R ) [COMPLETED] PALM TRAN 1. Prior to Issuance of the first Building Permit, the Property Owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran shall be required. (BLDG PERMIT:MONITORING - Palm Tran) PLANNED DEVELOPMENT 1. A unity of title agreement covering the entire site shall be recorded prior to site plan certification. (ONGOING: ENG-Zoning) (Previous DRO Condition 2 of Resolution R ) 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: 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; 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) ZC June 6, 2013 Page 255

9 Figure 1 Land Use ZC June 6, 2013 Page 256

10 Figure 2 Zoning Map ZC June 6, 2013 Page 257

11 Figure 3 Aerial ZC June 6, 2013 Page 258

12 Figure 4 Preliminary Site Plan dated 2/14/2013 ZC June 6, 2013 Page 259

13 Figure 5 REVISED Preliminary Site Plan dated 5/9/2013 ZC June 6, 2013 Page 260

14 Figure 6 Preliminary Regulation Plan dated 2/14/2013 ZC June 6, 2013 Page 261

15 Figure 7 Preliminary Master Sign Plan dated 2/14/2013 ZC June 6, 2013 Page 262

16 Figure 8 Preliminary Architecture Elevations dated 11/20/2012 ZC June 6, 2013 Page 263

17 Exhibit D: Disclosures ZC June 6, 2013 Page 264

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