CITY OF WEST PALM BEACH PLANNING BOARD Meeting Date: July 17, 2018 Planning Board Case No. 1670I

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1 CITY OF WEST PALM BEACH PLANNING BOARD Meeting Date: July 17, 2018 Planning Board Case No. 1670I Palms Gateway Commercial Planned Development (CPD) Southeast Corner of Belvedere Road and Australian Avenue Major Planned Development (PD) Amendment Location Aerial Tract #1 Tract #2 Tract #4 Tract #3 Subject Property outlined in Red. I. REQUEST A request by Bohler Engineering FL, LLC, on behalf of JAF Restaurant Group, LLC, for a Major Amendment to the Palms Gateway Commercial Planned Development (CPD) to amend the adopted Master Development Plan, and to provide for the construction of a 2,418 square foot fast food restaurant with drive-through on Tract #2 of the Planned Development. The approximately 8.84 acre site is located at the southeast corner of Belvedere Road and Australian Avenue, within Commission District No. 5 Commissioner Christina Lambert. PB 1670I 1

2 II. RECOMMENDATION APPROVAL with CONDITIONS Based on the findings that the petition meets all of the required standards in Section of the City of West Palm Beach Zoning and Land Development Regulations (ZLDRs). This recommendation is made subject to the following conditions: 1. No building permits for the uses specified in the revised Traffic Performance Standards (TPS) Review Letter from the Palm Beach County Traffic Division (dated April 10, 2018), shall be issued after December 31, Prior to the removal or relocation of any trees on the property, a Tree Alteration Permit shall be submitted, reviewed and approved by the Development Services Department Planning Division. 3. All private development projects, including new construction, or the renovation or improvement of an existing building, where the total construction costs are equal to or greater than $750, is subject to the Art in Public Places requirements of Chapter 78, Article V, of the City s Code of Ordinances. III. LAND USE AND ZONING The subject property currently has the following Future Land Use (FLU) and zoning designations: Existing Future Land Use (FLU) Designations Commercial/Special Impact Zone (C/SIZ) Existing Zoning Designations Commercial Planned Development (CPD) Adjacent FLU designations, zoning designations, and existing uses are as follows: Adjacent Future Land Use (FLU) Designations Adjacent Zoning Designations Existing Uses North: Commercial/Special Impact Zone (C/SIZ) General Commercial (GC) Gas station, drive-thru restaurant and professional office building South: Community Service (CS) Community Service (CS) Vacant East: Commercial/Special Impact Zone (C/SIZ) General Commercial (GC) Used auto dealership West: Commercial (C) Commercial Planned Development (CPD) Vacant (Palm Beach International Airport property) PB 1670I - 2

3 IV. BACKGROUND AND ANALYSIS The subject property is approximately 8.84 acres in size and is located at the southeast corner of Belvedere Road and Australian Avenue. In 2016, the property, which was once an active landfill (1920 s through to the 1960 s), was rezoned to establish the Palms Gateway (formerly known as the BW-Australian & Belvedere) Commercial Planned Development (Ordinance No ), and subsequently subdivided into four (4) development tracts for commercial development (Resolution No ). To date, site plan approvals have been granted for two (2) of the four (4) development tracts. The approvals are summarized below: Ordinance No : Resolution No : Construction of a 6,119 square foot gas station and convenience store on Tract #1. [Construction completed.] Construction of a five-story, 111,686 square foot self-storage building on Tract #4. This application seeks to amend the approved CPD. According to the applicant s Justification Statement (ATTACHMENT I), the Major Amendment include changes to the Master Development Plan and a request for the approval of a 2,418 square foot fast food restaurant with drive-through on Tract #2 of the planned development. The proposed changes are detailed and analyzed in the following sections below. Master Development Plan: The Master Development Plan (ATTACHMENT II) establishes the development concept and parameters for the overall Palms Gateway CPD, including the number of developable tracts, circulation to the CPD and between development tracts, and the type of uses permitted. The Master Plan also provides a tracking system for building by providing the maximum allowable building square footage for each development tract. The Table below summarizes the approved and proposed maximum allowable building square footage for each Tract. Tract # Tract #1: Tract #2:* Tract #3:* Use Gas Station and Convenience Store Fast Food Restaurant with Drive-Through Hotel ( rooms) Maximum Allowable Building Square Footage Overall CPD Floor Area Ratio (F.A.R.) 6,119 sq. ft ,500 sq. ft. 2,420 sq. ft ,225 sq. ft Tract #4: Self-Storage Facility 115,000 sq. ft * Proposed use. PB 1670I 3

4 There are two minor changes proposed to the Master Development Plan, as reflected in the Table above. They include a decrease in the maximum allowable restaurant building square footage and an increase in the number of hotel rooms. The maximum building potential for the hotel use has not changed and remains at 78,225 square feet. The floor area ratio (F.A.R.) for the overall CPD will remain at 0.54, which is well below the maximum allowable F.A.R. of 1.0 for a planned development. Staff has no objection to the proposed Master Development Plan amendment. The changes are minor and are not expected to be detrimental to the overall planned development. Additionally, the modification is expected to decrease the number of vehicular trips to the site. According to the applicant s Traffic Study (ATTACHMENT III), the proposed change would decrease the number of net daily trips to the development by 18 trips. The decrease in the number of vehicular trips to the CPD was confirmed by the updated Traffic Performance Standards (TPS) Review letter, issued on April 10, 2018, by the Palm Beach County Traffic Division, which determines if there is adequate roadway capacity to provide a level of service that will maintain safe, convenient and orderly traffic flow near the proposed development. The TPS letter is provided in ATTACHMENT IV of this report. Based on the information provided, Staff believes that the proposed changes to the Master Development Plan will be an improvement to the development. Site Layout Plan (Proposed Fast Food Restaurant with Drive-Through on Tract #2): The applicant is seeking approval to provide for the construction of a single-story 2,418 square foot Del Taco fast food restaurant with a drive-through on Tract #2 of the CPD. Tract #2 is approximately 1.08 acres in size and is located at the northeast quadrant of the CPD. The survey of Tract #2 is provided in ATTACHMENT V. The proposed site plan features an outdoor seating area, a pedestrian connection leading from the existing sidewalk on Belvedere Road to the restaurant building, bicycle racks, raised planters to screen and separate the outdoor seating area from the parking lot, and sidewalk access to the adjacent Tracts within the planned development. According to the site plan, the proposed restaurant will provide a total of 76 seats (64 indoor and 12 outdoor) and parking for 25 vehicles, which meets the minimum parking requirement for the use. The proposed site plan and landscape plan are provided in ATTACHMENTS VI and VII. Staff does not have any issues with the proposed site plan. The project conforms to the minimum standards of the ZLDRs. Additionally, the applicant has improved the design of the site by providing internal and external pedestrian connections, making the development more appealing and more conducive to other forms of mobility to the site. CONCLUSION The proposed amendment to the Master Development Plan and the site development complies with the development standards of the CPD and of the ZLDRs. Additionally, the restaurant use is compatible with existing commercial uses in the immediate and surrounding area. The Development Services Department Planning Division has also found that the request satisfies all of the standards found within the City s Zoning and Land Development Regulations for a Major PB 1670I - 4

PD Amendment (see ATTACHMENT VIII), and therefore, Staff is recommending approval of the request, subject to the conditions outlined herein. V. PROJECT REVIEW Interdepartmental Review Plans and Plats Review Committee (PPRC): The request was presented to the City s PPRC on May 9, 2018.

5 PD Amendment (see ATTACHMENT VIII), and therefore, Staff is recommending approval of the request, subject to the conditions outlined herein. V. PROJECT REVIEW Interdepartmental Review Plans and Plats Review Committee (PPRC): The request was presented to the City s PPRC on May 9, The applicant has satisfactorily addressed Staff s comments, subject to the conditions of approval provided in Staff s recommendation, to be considered by the Planning Board. Inter-jurisdictional Review Traffic Concurrency: On April 10, 2018, the Palm Beach County Department of Engineering and Public Works Traffic Division, issued a letter indicating that the proposed development met the Palm Beach County Traffic Performance Standards (TPS) of the County, subject to conditions. These conditions are outlined in the TPS Review letter attached hereto as ATTACHMENT IV. School Concurrency: Not required. Public Notice In accordance with Section 94-39(i) and (j) of the City s ZLDRs, notices of the Public Hearing were mailed to all property owners within 500 feet of the subject property, and an advertisement was placed in the July , edition of the Palm Beach Post. Additionally, signage was posted on the site in accordance with the requirements of Section 94-39(i)(5). At the time of printing this report, Staff has not received any inquiries regarding this request. Prepared and Respectfully Submitted by: Linda M. Louie, AICP Planner PB 1670I 5

6 ATTACHMENT I Applicant s Justification Statement PB 1670I - 6

7 ATTACHMENT I (continued) PB 1670I 7

8 ATTACHMENT II Proposed Master Development Plan PB 1670I - 8

9 ATTACHMENT III Applicant s Traffic Study PB 1670I 9

10 ATTACHMENT III (continued) PB 1670I - 10

11 ATTACHMENT III (continued) PB 1670I 11

12 ATTACHMENT III (continued) PB 1670I - 12

13 ATTACHMENT III (continued) PB 1670I 13

14 ATTACHMENT III (continued) PB 1670I - 14

15 ATTACHMENT III (continued) PB 1670I 15

16 ATTACHMENT III (continued) PB 1670I - 16

17 ATTACHMENT III (continued) PB 1670I 17

18 ATTACHMENT III (continued) PB 1670I - 18

19 ATTACHMENT III (continued) PB 1670I 19

20 ATTACHMENT III (continued) PB 1670I - 20

21 ATTACHMENT III (continued) PB 1670I 21

22 ATTACHMENT III (continued) PB 1670I - 22

23 ATTACHMENT III (continued) PB 1670I 23

24 ATTACHMENT III (continued) PB 1670I - 24

25 ATTACHMENT IV Updated Palm Beach County Traffic Performance Standards (TPS) Review Letter PB 1670I 25

26 ATTACHMENT IV (continued) PB 1670I - 26

27 ATTACHMENT IV (continued) PB 1670I 27

28 ATTACHMENT IV (continued) PB 1670I - 28

29 ATTACHMENT V Survey, Tract #2 PB 1670I 29

30 ATTACHMENT VI Proposed Site Plan PB 1670I - 30

31 ATTACHMENT VII Proposed Landscape Plan PB 1670I 31

32 ATTACHMENT VII (continued) PB 1670I - 32

33 ATTACHMENT VIII Amendment Standards - Section In reviewing a proposed Major Planned Development Amendment, Section of the City s Zoning and Land Development Regulations requires that the following standards be considered: A. COMPREHENSIVE PLAN: Whether the proposed amendment is consistent with all elements of the City of West Beach Comprehensive Plan. Findings: COMPLIES The proposed amendment will maintain consistency with all elements of the Comprehensive Plan. The subject property currently has a Commercial/Special Impact Zone (C/SIZ) Future Land Use designation, which permits the establishment of a restaurant use. B. CHANGED CONDITIONS: Whether there exist changed conditions that require an amendment. Findings: COMPLIES In order to develop the Tract with the Commercial Planned Development (CPD), a Major Amendment is necessary to establish a new site plan for the development. C. CITY DEVELOPMENT CODE: Whether the proposed amendment is in conformance with all applicable portions of the City Development Code. Findings: COMPLIES The proposed amendment is in conformance with all applicable portions of the City s Zoning and Land Development Regulations. D. EXISTING AND PROPOSED LAND USE: Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land use. PB 1670I 33

34 Findings: COMPLIES The proposed amendment is consistent with the existing and proposed land use. The subject property has an underlying zoning of General Commercial (GC), which permits a wide range of commercial uses. The proposed restaurant is a commercial use that is permitted within the GC zoning district, and is surrounded by existing commercial and office uses in the area that are compatible with the proposed development. E. PUBLIC FACILITIES: Whether and the extent to which the proposed amendment would exceed the capacity of public facilities, including but not limited to transportation, sewerage, water supply, parks, fire, police, drainage, schools, and emergency medical facilities. Findings: COMPLIES The proposed development is not expected to exceed the capacity of the various public facilities. The applicant has obtained all necessary approvals from the various utility companies, Palm Beach County Department of Engineering and Public Works (for water and sewer), as well as the Palm Beach County Traffic Division, confirming that there is sufficient capacity for the development as well as the surrounding road network. F. NATURAL ENVIRONMENT: Whether and the extent to which, the proposed amendment would result in significant adverse impacts on the natural environment. Findings: COMPLIES The proposed amendment will not result in significant adverse impacts on the natural environment. The subject property is a designated brownfield that had required extensive environmental remediation prior to any construction on the property. The Planned Development has allowed the property owner to rehabilitate and redevelop the property, which will benefit the area both environmentally and economically. G. PROPERTY VALUES: Whether and to the extent to which the proposed amendment would adversely affect property values in the area. Findings: COMPLIES The proposed amendment is not expected to adversely affect property values in the area. The area surrounding the subject property is comprised of commercial and office uses, which are uses that are compatible with the proposed restaurant use. Until recently, the PB 1670I - 34

35 property had been totally vacant, so any development will increase the property values in the area. H. DEVELOPMENT PATTERN: Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern and the specific identification of any negative effects on such pattern. Findings: COMPLIES The area surrounding the subject property is entirely made up of commercial and office uses. The proposed restaurant is a commercial use that is compatible with the surrounding uses, including other restaurant uses. Therefore, the proposed development will not negatively affect the orderly and logical development pattern in the area. PB 1670I 35

CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS

CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS Meeting Date: November 2, 2017 Zoning Board of Appeals Case No. 3356 Dr. Alice Moore Apartments Variances Location Aerial I. REQUEST Site is outlined in