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/R Application Name: Arvida Parkway Center Control No.: Applicant: SE Petro One LLC Owners: Stanford Lake Hotel, Inc. Pebb Boca Corporate LLC Boca Lake Retail, Inc. First Coast Energy LLP Agent: Core States Group - Craig J Carden Telephone No.: (813) Project Manager: Carol Glasser, Site Planner II Wendy Hernandez, Zoning Manager TITLE: a Type II Variance REQUEST: to allow easement overlap in a right-of-way buffer, to allow a reduction of right-of-way buffer widths, divider median width, and dumpster setback TITLE: a Development Order Amendment REQUEST: to reconfigure the Site Plan; add square footage and pumps; and, modify Condition of Approval (Site Design) TITLE: a Requested Use Request REQUEST: to allow a Convenience Store with Gas Sales APPLICATION SUMMARY: Proposed is a Development Order Amendment for the acre Arvida Parkway Center, which was approved by the Board of County Commissioners (BCC) on February 26, 1981 for a Large Scale Community Shopping Center with an existing Auto Service Station. In 1983, the BCC approved a Carwash on the 1.46-acre Auto Service Station parcel; and, a Hotel in 1985 for the acre portion with a total of 248,945 square feet (SF) of Hotel, Office, Retail, Restaurant, and Bank uses. The applicant proposes a Convenience Store with Gas Sales Requested Use on the 1.46-acre parcel to increase the Convenience Store from 1,056 SF to 4,400 SF (+3,344 SF); increase the gasoline pumps from 6 to 8 (+2); and, to modify a Condition of Approval applicable to the Auto Service Station. The Site Plan (PSP-1) indicates a total of 939 parking spaces and 3 access points from Glades Road. On May 23, 2013, the BCC remanded this application to the July 3, 2013 Zoning Commission hearing to clarify the recommendation. This application was postponed by right to the August public hearings. On August 1, 2013, the Zoning Commission approved Type II Variances (V.1 - V.6 as contained herein) based on the Preliminary Site Plan (PSP-2) submitted on June 28, SITE DATA: Location: South side of Glades Road east of Florida's Turnpike Property Control Number(s) ; ; Land Use Designation: Commercial High, with an underlying High Residential, 8 units per acre (CH/8) Zoning District: General Commercial District (CG) Acreage: acres (affected area 1.46 acres) Tier: Urban/Suburban Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile City of Boca Raton Future Annexation Area City of Boca Raton RECOMMENDATION: Staff recommends denial of the Development Order Amendment and Requested Use. BCC August 22, 2013 Page 244

2 PUBLIC COMMENT SUMMARY: Staff has received 8 contacts from the public regarding this project. Two requested additional information including the adjacent Hotel owner asking that the existing opaque hedge remain by condition. Six opposed with environmental, noise, aesthetics, and traffic concerns. ZONING COMMISSION HEARING (MARCH 7, 2013): Staff made a brief presentation of the requests, project history, previously approved Site Plan and staff's recommendation of denial. Craig Carden, agent for the applicant, presented the proposed redevelopment of the Auto Service Station. The applicant requested the Condition of Approval limiting the Convenience Store to 3,500 square feet be modified to 4,400 square feet and the 21-foot rear setback be modified to 16 feet. The Zoning Commission indicated that the pumps, piping and canopy could be shifted to improve circulation, queuing and to meet Code. The Zoning Commission postponed the item for 30 days to allow additional time for staff review of the recently proposed site plan revisions. The site plan revisions were to address concerns with the access point and queuing, and for the applicant to revise the site plan to meet Code. The Zoning Commissioners asked if the Car Wash could be eliminated to allow more area for the Convenience Store building; if the building footprint could be revised to improve site circulation; and, if the access to the site could be redesigned or improved. One member of the public spoke in opposition. The Boca West Master Association Director, indicated concerns of increased traffic, criminal activity, lighting, and signage as a result of the request and site improvements. The motion to postpone to April 4, 2013 was carried by a vote of 7-0. [In response to the Zoning Commissioners' comments, the applicant submitted a revised Preliminary Site Plan dated March 14, 2013, which was distributed to Engineering and Zoning staff and other DRO members for review.] ZONING COMMISSION HEARING (APRIL 4, 2013): The applicant requested a postponement to the May 2, 2013 hearing. The motion to postpone to May 2, 2013 carried by a vote of 9-0. ZONING COMMISSION HEARING (MAY 2, 2013): Staff made a brief presentation. Craig Carden, agent for the applicant, presented the Preliminary Site Plan dated March 14, 2013 to the Zoning Commission with the following proposals: Limit the Convenience Store to 4,400 square feet and provide a 16-foot setback for the Car Wash; Retain the 90-degree parking in front of the Convenience Store, but provide 2-way circulation between the Convenience Store and the Gas pump islands and canopy; Allow 2 new pumps (although the March 14, 2013 plan eliminated the proposed pump nearest to the relocated access point); Widen the northern drive aisle adjacent to the Glades Road access point by reducing the west portion of north right-of-way buffer by 4-feet. (The reduced north right-of-way buffer width was included with the Type II Variance for the reduced west right-of way buffer width); Revise the queuing consistent with the determination that an 80-foot block of queuing is required for the existing pump islands (4 vehicles). The Type II Variance to allow a reduction in queuing will be withdrawn consistent with this determination; and, Revise Landscape Condition 2 to allow an alternative hedge material for the existing ficus hedge. No members of the public were present. Staff indicated the Type II Variance for a reduction in queuing was withdrawn; and, staff's recommendation of denial remains based on Standards 2) Consistency with Code, 4) Design minimizes adverse impact, and 8) Changed Circumstances as included in the Findings section of the staff report. Commissioner Caliendo indicated the applicant had done what the Zoning Commission requested fairly well; and, the revised plan is better than the existing development. Commissioner Caliendo moved for approval based on the March 14, 2013 plan subject to the recommended Conditions of Approval. BCC August 22, 2013 Page 245

3 The motion to approve Type II Variances V.1 through V.5 to allow easement overlap in the right-ofway buffers, reduction of right-of-way buffer (west and north) and divider median widths, and a reduction in dumpster setback carried by a vote of 8-1 with Commissioner Davis opposed. The motion to recommend approval of the Development Order Amendment carried by a vote of 7-2 with Commissioners Davis and Snider opposed. The motion to recommend approval of the Requested Use carried by a vote of 8-1 with Commissioner Davis opposed. BOARD OF COUNTY COMMISSIONER HEARING (May 23, 2013): The applicant presented a revised plan at the BCC hearing that was not previously reviewed and approved by staff or the Zoning Commission. The plan the agent presented had an additional pump island, revised buffer widths, and revised square footage for the Convenience Store. The BCC remanded this application to the July 3, 2013 Zoning Commission hearing to clarify the recommendation by the Zoning Commission. This application was then postponed to the August public hearings. The revised Preliminary Site Plan (Figure 5 dated June 25, 3013) indicates additional right-of-way buffer variances, 2 additional gasoline pumps and 4,400 SF Convenience Store with the accessory car wash. ZONING COMMISSION HEARING (JULY 3, 2013): The applicant requested a postponement by right to the August 1, 2013 Zoning Commission hearing. ZONING COMMISSION HEARING (AUGUST 1, 2013): Staff made a brief presentation of the revised requests and Type II Variances. Craig Carden, agent for the applicant, presented the Preliminary Site Plan (PSP) dated June 28, The Zoning Commissioners questioned the agent and staff regarding the revisions to the application, which indicated 2 new pumps and 4,400 square feet for the Convenience Store. Discussion by Zoning Commissioners included: Increased safety provided with the new site design over the existing site design; extra pump provides extra fueling stations (2) to decrease stacking needed; and, proposed design is better than existing site. Staff indicated the Condition of Approval to limit the Convenience Store to 3,500 square feet also addresses the location of the proposed building in the existing preserve area. Staff indicated a Condition of Approval to limit the size of the refueling truck could not be monitored. The Zoning Commission indicated the proposed increase of the Convenience Store of 4,400 square feet and addition of 2 pumps were acceptable. The motion to approve the Type II Variances as advertised carried by a vote of 8-1 with Commissioner Davis opposing, indicating her support for staff. The motions to recommend approval of the Development Order Amendment and Requested Use as modified carried by votes of 7-2 with Commissioners Davis and Snider opposing. PROJECT HISTORY: On February 26, 1981, the BCC adopted Resolutions R and R to allow a rezoning from the Commercial Neighborhood (CN) to the CG Zoning District and a Special Exception (SE) for a Large Scale Community Shopping Center for the overall acre development to include the continuation of an existing Auto Service Station. On December 1, 1983, the BCC approved a SE to add a Car Wash to the 1.46-acre Auto Service Station parcel. On May 23, 1985, the BCC approved a SE to add a Hotel and square footage to the acre portion of the development. SURROUNDING LAND USES: NORTH: FLU Designation: CH/8 Zoning District: CG Supporting: Commercial (Arvida Turnpike Plaza, Control No ) SOUTH: FLU Designation: LR-2 Zoning District: RS Supporting: Single Family Residential and Golf Course (Boca Grove Plantation, Control No ) EAST: City of Boca Raton Supporting: Single Family Residential (Estancia West) BCC August 22, 2013 Page 246

4 WEST: FLU Designation: Low Residential (LR-2) Zoning District: Single Family Residential (RS) Supporting: Right-of-way (Private), Golf Course Maintenance Facility (Boca Grove Plantation, Control No ) TYPE II VARIANCE SUMMARY [Justification Statement and Preliminary Site Plan (PSP-2) dated June 28, 2013.] ULDC ARTICLE V.1 Table 7.F.7.A.-5 Right-ofway Buffer width (west) V.2 7.D.12. Landscape in Easements REQUIRED PROPOSED VARIANCE 15 feet 10 feet (west buffer) 5 feet Maximum easement overlap of 5 feet 100% easement overlap (west buffer) 5 feet V.3 7.G.2.C. Divider Median Minimum 8-feet wide 6-feet 2 feet V.4 3.E.3.B.2.c MUPD Landscape Buffers V.5 5.B.1.A.8 Dumpsters No easement overlap in MUPD right-of-way (ROW) buffers 5-foot overlap north ROW buffer; 100% overlap west ROW buffer Minimum 25-foot setback from residential district 12-foot setback 13 feet 20 feet 16 feet 4 feet 5 feet north ROW buffer; 100% west ROW buffer V.6 Table 7.F.7.A.-5 Right-ofway Buffer width (north) 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 requests to redevelop the existing Automotive Service Station with a Requested Use for a Convenience Store with Gas Sales and Car Wash, a Development Order Amendment to reconfigure the overall site plan for the Arvida Parkway Center and modify a Condition of Approval. The request is consistent with the Floor Area Ratio (FAR) of 0.50 for a site with a CH/8, and a CG/SE (MUPD) designation (per Future Land Use Element Table III.C.2, note 2, the maximum allowable FAR is.50 for an MUPD (which corresponds to a CG/SE approval) with a CH FLU designation). The overall acre site could develop with 519,235 square feet at the 0.50 maximum FAR (23.84 ac. x 43,560 sf/1ac x.50 FAR = 519,235 square feet maximum). The proposed 6,375 square foot increase totals 255,320 square feet for the overall acre site, and equals an FAR of approximately 0.25 (255,320/1,038,470.4=0.246). The subject property is not located in any Special Overlay District/Neighborhood Plan/Planning Study Area. BCC August 22, 2013 Page 247

5 Planning staff has found the requests to be consistent with the Commercial High (CH/8) Future Land Use designation. 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. In addressing the remand, the applicant provided the following Justification for Standard 2 on June 28, 2012: Staff has determined that the request is not in compliance with Standard 2 based on the following analysis. BCC August 22, 2013 Page 248

6 Standard 2 describes two requirements that must be met in order to comply with this standard. The first portion requires the applicant to demonstrate that: "The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics." The second portion of Standard 2 requires the applicant to demonstrate whether: "The proposed use also complies with all applicable portions of Article 4.B, Supplementary Use Standards." It is important to note that even though the following analysis addresses Standard 2, there is a reason to include analysis of Standard 4 (Design Minimize Adverse Impact) as these two standards are closely interrelated in terms of demonstration of compliance to meet a) the layout, function and general development characteristics under Standard 2; and b) the proposed design minimizes adverse effects on adjacent properties under Standard 4. The following analysis explains why the request is not in compliance with the applicable provisions pertaining to use, layout, function and general development characteristics and the applicable portions of Article 4.B and is presented under headings of: Conditional Uses Purpose Approval Criteria - Article 4.B.1.A.18.a and Locational Criteria Article 4.B.1.A.37.c Layout, Function and General Development Characteristics Findings of Facts under each of these headings will also be utilized to determine whether the request is in compliance with Standard 4, Design Minimize Adverse Impact. Conditional Uses Purpose Conditional uses, requested uses, and development order amendments are generally compatible with the other uses permitted in a district, but require individual review of their location, design, configuration, intensity and/or density and may require the imposition of conditions to ensure the appropriateness and compatibility of the use at a particular location. The applicant has revised the Justification Statement and Preliminary Site Plan subsequent to the BCC remanding this application back to the Zoning Commission on May 23, Although the applicant has revised documents to clarify the request, staff has determined that the proposed design, configuration and intensity are not appropriate and compatible at the proposed location. In addressing whether the proposed use is in compliance with Standard 2, Consistency with the Code, the responsibility lies with the applicant to demonstrate how the proposed development will minimize the impacts on surrounding residential development. This should be typically done through the analysis of the design and configuration for the proposed use. Location Criteria Article 4.B.1.A.37.c and Approval Criteria Article 4.B.1.A.37.b and 4.B.1.A.18.a The proposed Convenience Store with Gas Sales does meet the Location Criteria: Intersection and Separation as stated in Articles 4.B.1.A.37.c, 5.E.2.B and 5.E.2.C.1. However, the Convenience Store with Gas Sales is subject to the Approval Criteria of 4.B.1.A.37.b and 4.B.1.A.18.a, which requires the BCC to make a finding that the use is appropriately located. Article 4.B.1.A.37.b Approval Criteria of the ULDC states a Convenience Store with Gas Sales shall be subject to Art. 4.B.1.A.18.a, Approval Criteria. Staff analyzed the revised layout and the function of the site and concluded that the Preliminary Site Plan dated June 28, 2013 for the Requested Use is inconsistent with the minimum standards required by the Code. The number of fueling stations proposed remains excessive. Queuing for the proposed new pump closest to the relocated access point must be provided so as not to conflict or interfere with other traffic using the site. Instead of redesigning the site, reducing the number of fueling positions, and reducing the intensity of the Convenience Store to 3,500 square feet as recommended by staff or removing the accessory car wash as recommended by the ZC, the applicant now proposes to utilize a smaller refueling truck (WB-40 with a 33-foot tank versus a WB-50 with a 42.5-foot tank). A condition limiting the size of the fueling truck would be very difficult to monitor or enforce. 1. Adequate ingress and egress have been provided. BCC August 22, 2013 Page 249

7 No. Adequate ingress and egress have not been provided under the proposed reconfiguration of the site. The applicant proposes to reconfigure the site layout to add 2 additional pumps and 3,344 square feet. The 1.46-acre site fronts a large and highly traveled intersection. The Florida Turnpike interchange at Glades Road is adjacent to the north; the middle access point to Arvida Parkway Center is adjacent to the east; and Boca Grove Boulevard (private road) is adjacent to the west. The original 2 access points along Glades Road were reduced to 1 by the Florida Department of Transportation (FDOT). FDOT has conceptually reviewed the location of the new access point; however, as stated in the October 4, 2012 letter (Exhibit E) the location is a not a guaranteed permit approval. And, the Traffic Division had objected to the access point. The proposed access point will have a direct impact to the proposed new fueling dispensers. A minimum throat distance is required between the access point and queuing spaces to ensure a safe internal traffic circulation and prevent conflicts in vehicular maneuvering. 2. Adequate buffering and setbacks from residential areas have been provided. Yes. The canopy and 12 fueling stations are existing. The residentially zoned parcel to the west supports the golf course maintenance facility and open space along the private access road. The proposed site reconfiguration will have little impact on the existing homes, which are over 1,000 feet from the Requested Use. Staff has proposed a Condition of Approval to reduce the size of the Convenience Store to 3,500 square feet to reduce the proposed intensity. A Type II Incompatibility buffer with a wall will be provided adjacent to the stacking for the Car Wash. Previous Conditions of Approval to address the west buffer are recommended to be carried forward with this request. 3. Sufficient vehicle stacking, circulation, access, and area for turning movements have been provided. No. The proposed reconfiguration of the Site Plan will have a direct effect on vehicle stacking, circulation, and access for the proposed site reconfiguration relative to the existing pumps, proposed pumps and circulation around the site. The shift in the access point will place the existing queuing spaces for the pumps directly in front of the access point. Larger vehicles/vehicles with trailers queuing at the new pumps would block the access/circulation. Staff cannot ensure that a smaller refueling tanker truck will be utilized as now proposed by the applicant, resulting in conflicts and interference with required queuing. Should the Board recommend approval, staff has included a Condition of Approval to limit the Convenience Store to a maximum of 3,500 square feet in Exhibit C The number of fueling positions proposed is excessive. No. Although the site is located in a zoning district and site location conducive to the use, the development is constrained by the existing location of the pumps and canopy, and the proposed modifications. It is typical for a Commercial High Land Use to have 8 pumps/16 fueling stations. However, with the existing site configuration for the pump and canopy location and the applicant s proposed intensification of the site, the addition of the 2 pumps/4 fueling positions has a significant effect on the site design making the request too intense for a 1.46 acre site. 5. There are an excessive number of similar stations in the vicinity. Yes. There are no other similar stations within 1,000 feet of the intersections of the Turnpike or Boca Grove Boulevard and Glades Road whereas a maximum of 2 stations within 1,000 feet are permitted (Figure 12). Additionally, the applicant has submitted an Exhibit indicating existing Convenience Stores with Gas Sales and/or Auto Service Stations within 3 miles of the site (Figure 13), which suggests there are 6 gas sales uses within a 2 mile radius and 10 within 3 miles. Layout, Function and General Development Characteristics A convenience store with gas sales is a Requested Use in the Multiple Use Planned Development Zoning District because the use is generally compatible with other uses permitted in a Commercial District, but requires review of the location, design, configuration, and intensity to ensure appropriateness and compatibility of the use at its location. Although the proposed site meets the Supplementary Use Standards for the Location Criteria, the proposed function and layout of the site is inadequate and insufficient, as stated above under the Approval Criteria, and the applicant is seeking BCC August 22, 2013 Page 250

8 deviations from the minimum Code requirements needed to provide standards for a safe and adequate site design. Staff has determined the applicant is not in compliance with all of the Approval Criteria, as it relates to the use, layout, design, configuration and the minimization of impacts on the adjacent properties. The applicant has not demonstrated that the proposed layout as depicted in Figure 5 meets the criteria above, or provides adequate layout, function, and general development characteristics. The proposed Conditional Use and Preliminary Site Plan does not comply with all applicable standards and provisions of Article 4.B Supplementary Use Standards and Article 3 Property Development Regulations Code for use, layout, function, and general development characteristics. Should the Board recommend approval Staff has additional Conditions of Approval as indicated in Exhibits C-2 and C-3. Staff recommends that the Convenience Store be limited to 3,500 square feet. 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 affected area of the subject site is the 1.46-acre parcel at the northwest corner, which abuts Glades Road across from the Turnpike exit and is adjacent to the private right-of-way and golf course maintenance facility for Boca Grove Plantation. The proposed Convenience Store with Gas Sales use is requested to allow the redevelopment of an existing Auto Service Station, which was previously determined to be compatible with the existing uses in the surrounding vicinity. No changes are proposed to the underground tanks on the western portion of the site. Any existing exotic plants will be replaced pursuant to a landscape removal permit and landscape plan to maintain the opacity of the western buffer that is adjacent to a residential district. A Type III Incompatibility buffer with a wall and a minimum width of 20 feet will be provided adjacent to the golf course maintenance facility to buffer the facility from the convenience store and car wash. Staff is recommending a Condition of Approval (Exhibit C-3) to provide a Landscape Focal Point/flowering trees within the Glades Road right-of-way buffer to improve the aesthetics in the vicinity of the Turnpike's exit and entrance into the Boca Grove Plantation community. Staff is also recommending a Condition of Approval to address the Hotel's concerns that the hedge along the south boundary adjacent to the Car Wash is not reduced in height or opacity. The Department of Airports has reviewed the Preliminary Site Plan and found no issues with the proximity to the Boca Raton Airport. 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. In addressing the remand, the applicant provided the following Justification for Standard 2 on June 28, 2012: BCC August 22, 2013 Page 251

9 Staff has determined that the request is not in compliance with Standard 4 based on the following analysis: The ULDC states that Conditional uses, requested uses, and development order amendments are BCC August 22, 2013 Page 252

10 generally compatible with the other uses permitted in a district, but require individual review of their location, design, configuration, intensity and/or density and may require the imposition of conditions to ensure the appropriateness and compatibility of the use at a particular location. While the location of the gas canopy is existing, the applicant is intensifying the site by adding pumps and increasing square footage result in for inadequate access and circulation. The relocation of the access point will have a direct impact on the existing pumps and required queuing. The proposed site circulation results in difficult turning movements for gas, car wash, and convenience store customers; and, refueling and delivery trucks. The addition of new pumps adds to circulation conflicts due to the proximity of existing pumps to Glades Road and the existing canopy location. The proposed design does not minimize adverse effects, including visual impact and intensity of the proposed use on adjacent lands. Should the Board recommend approval Staff has additional Conditions of Approval as indicated in Exhibits C-2 and C 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 COMMENTS: VEGETATION PROTECTION: The site has been previously been developed as a gas station and does not support significant amounts of 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 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. The previously approved Final Site Plan for the 1.46-acre affected area designates a tree preservation area on the southern approximately one-fourth of the 1.46-acre parcel. A Planned Development is required to preserve existing native vegetation to the greatest extent possible. The applicant proposes a 4,400-square foot convenience store and an accessory 1,375 square foot car Wash. As indicated above, staff is recommending a Condition of Approval to limit the Convenience Store to a maximum of 3,500 square feet. The reduced square footage is needed to improve the site layout, function of the gasoline sales, and to preserve existing vegetation. Staff recommends a Condition of Approval to provide a minimum 16-foot setback from the rear of the site to allow preservation and relocation of existing plantings. Existing plantings (pines, oaks, palms, and camphors) impacted by the proposed site resdesign are subject to approval of a Tree Removal Permit and ERM permit. Staff recommends that previous Condition of Approval 9 of Resolution R be amended as indicated in Exhibit C-3 to ensure the existing native vegetation is preserved or replaced to the greatest extent possible. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The development was previously found to be a logical, orderly and timely development pattern via the prior resolutions. The proposed Development Order Amendment and Requested Use for a BCC August 22, 2013 Page 253

11 Convenience Store with Gas Sales to allow the redevelopment of the existing Auto Service Station subject to Conditions of Approval will not alter the development pattern in the vicinity. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: 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. For any modifications to the existing access points, or for any additional access points, the property owner shall obtain a permit from the Florida Department of Transportation for access onto Glades Road. TRAFFIC IMPACTS Previously approved traffic from this project was 1,404 trips per day, 113 trips in the PM peak hour. Additional traffic expected from the proposed project is 1,089 trips per day, 81 trips in the PM peak hour, for a grand total impact of 2,493 daily and 194 PM peak hour trips. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards because this project has an insignificant impact on the surrounding roadway network. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis SCHOOL IMPACTS: No Staff Review Analysis FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. PARKS AND RECREATION: No Staff Review Analysis WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD) Finding - The proposed Development Order Amendment and Requested Use complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. Staff has determined that the request is not in compliance with Standard 8 based on the following analysis. Although the site is existing, the applicant has not demonstrated changed conditions or circumstances that necessitate the proposed modification. The applicant states that the development will create a more functional site with regards to public safety and welfare; however, staff does not agree with the applicant's finding. The site could have been redesigned with less intensity and a more adequate site design. Staff recommends the Convenience Store be limited to 3,500 square feet (Use Limitation Condition 1, Exhibit C-3) if the BCC votes to approve the application. Although the applicant has proposed some modifications to the design, staff remains concerned with the intensity, and the design and circulation for the proposed request. As indicated in Exhibit F, the proposed design relies on using a smaller refueling tanker truck to negotiate ingress and turning movements to avoid clipping the required queuing. Staff has evaluated the standards listed under Article 2.B.2.B 1-7 and determined that there is not a balance between the need of change and the potential impacts generated by this change; therefore, staff is recommending DENIAL of the proposed Convenience Store with Gas Sales Conditional Use for failure to comply with the following Standards of Article 2.B.2.B.: 2 Consistency with Code, 4 Design Minimizes Adverse Impact, and 8 Changed Circumstances and Conditions. If the Board of County Commissioners votes to approve the Development Order Amendment and BCC August 22, 2013 Page 254

12 Requested Use, then Staff recommends Conditions of Approval as indicated in Exhibits C-2 and C-3. BCC August 22, 2013 Page 255

13 CONDITIONS OF APPROVAL EXHIBIT C-2 Development Order Amendment - Overall Development ALL PETITIONS 1. All previous Conditions of Approval applicable to the subject property, as contained in Resolutions R (No Conditions) R and 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. The approved Preliminary Site Plan is dated December 21, 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) 3. The petitioner shall present a notarized Affidavit of Disclosure at the Zoning Authority Meeting. (Previous Condition 11of Resolution R , Control No ) (DATE: May 23, 1985 ZONING - Zoning) [NOTE: COMPLETED.] 4. Exact copies of all graphics presented at the Planning Commission and Board of County Commissioners' public hearings shall be submitted to the Zoning Division for inclusion into the permanent file. (Previous Condition 12 of Resolution R , Control No ) (DATE: May 23, 1985) [NOTE: COMPLETED.] ARCHITECTURAL REVIEW 1. All mechanical and air conditioning equipment shall be roof mounted and screened with parapets or be contained within the enclosed loading and service area. (Previous Condition 2 of Resolution R , Control No ) (ONGOING: ARCH REV - Zoning) ENGINEERING 1. Previous Condition 1 of Resolution R , Control No , which currently states: This development shall retain onsite 100% of the storm water runoff generated by a three (3) year storm per requirements of the Permit Section, Land Development Division until such time as outfall into the Lake Worth Drainage District is available; at the time this requirement may be reduced to 85%. Is hereby deleted. [REASON: Drainage is now a Code requirement] 2. The developer shall align the shopping center's east entrance on Glades Road with the Arvida Turnpike Plaza, as determined by the County Engineer. (Previous Condition 3 of Resolution R and Condition 1 of Resolution R , Control No ) [NOTE: COMPLETED.] 3. Prior to the issuance of the first Certificate of Occupancy for the shopping center portion of the site, the developer shall construct at the shopping center's east entrance and Glades Road: a. left turn lane, east approach. b. right turn lane, west approach. c. two lanes entering and two lanes exiting d. signalization when warranted as determined by the County Engineer. (Previous Condition 4 of Resolution R and Condition 2 of Resolution R , Control No ) [NOTE: COMPLETED.] BCC August 22, 2013 Page 256

14 4. This development shall be permitted only one median opening on Glades Road a minimum distance of 700 feet East of the centerline of the proposed Sunrise Boulevard. (ONGOING: ENGINEERING-Eng) (Previous Condition 5 of Resolution R and Condition 3 of Resolution R , Control No ) 5. The Developer shall pay a Fair Share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project is $243, Credit in the amount of $200, shall be given to this developer which has already expended this sum of ($200,000.00) toward the 4-laning of Glades Road from Lyons Road to the Florida Turnpike. (Previous Condition 10 of Resolution R , Control No ) 6. Within thirty (30) days of this approval, the applicant shall enter into an agreement with Palm Beach County for the design and construction of roadway improvements as specified by the Board of County Commissioners. This resolution will become invalid unless said agreement is executed as specified above. (DATE: MONITORING - Eng) (Previous Condition 7 of Resolution R , Control No ) ENVIRONMENTAL 1. Prior to Site Plan Certification, a certified tree survey shall be submitted to the permanent file. (DRO: ERM-erm) (Previous Condition 16 of Resolution R , Control No ) 2. The developer shall preserve existing vegetation wherever possible and shall incorporate said vegetation into the project design. Appropriate measures shall be taken to protect these preservation areas during site clearing and construction. (Ongoing:ERM-erm)(Previous Condition 17 of Resolution R , Control No ) HEALTH 1. Reasonable precautions shall be exercised during site development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties. (Previous Condition 5 of Resolutions R and R , and Condition 7 of R , Control ) [NOTE: COMPLETED] 2. Reasonable measures shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby suface waters. (Previous Condition 6 of Resolutions R and R , and Condition 8 of R , Control ) [NOTE: COMPLETED.] 3. Any fuel or chemical storage tanks shall be installed with protection against leakage or spillage due to corrosion, breakage, structural failure or other means. The design and installation plans will be submitted to the Health Department for approval prior to installation. (Previous Condition 7 of Resolution R , Control ) [NOTE: COMPLETED.] 4. Any toxic or hazardous waste generated at this site shall be properly handled and disposed of in accordance with Chapter 17-30, F.A.C. (Previous Condition 8 of Resolution R , Control )[NOTE: COMPLETED.] 5. The owner of the facility will participate in an oil recycling program which insures proper reuse or disposal of waste oil. (ONGOING: HEALTH-Health) (Previous Condition 9 of Resolution R ; Control ) LANDSCAPE - GENERAL 1. All landscaping shall be installed as shown on site plan submitted prior to the issuance of a Certificate of Occupancy. (CO: LANDSCAPE - Zoning) (Condition Landscape 4 of Resolution R and Condition 6 of Resolution R , Control No ) [NOTE: COMPLETED.] LANDSCAPE - PERIMETER 2. Prior to site plan certification, the site plan shall be amended to reflect the following: a.) Along the south property line abutting residential development, a minimum ten foot buffer with a six foot chain link security fence topped with a "Y" barbed wire anti-scaling device with landscape planting, shrubs, and vines, to create an aesthetic buffer, supplemented with ten to twelve foot high canopy trees planted equivalent to twenty feet on center. BCC August 22, 2013 Page 257

15 b.) Loading bays for each building as required by Section (Off-street loading area). c.) A 28 foot wide landscaped buffer shall be maintained along the east property line. d.) Along the west property line abutting residential development a minimum, ten foot buffer with existing vegetation preserved where possible and adding to the existing six foot chain link security fence with a "Y" barbed wire anti-scaling device with landscape planting, shrubs, and vines, to create an aesthetic buffer. e.) Petitioner will install a six foot chain link fence, topped with a "Y" barbed wire anti-scaling structure that will connect petitioner's southern fence to the Estancia fence at the southwest corner of Estancia. This fence will be continued north approximately three feet away from Estancia's western wall. This westerly fence will then "T" east into the Estancia wall along Glades Road and west to Estancia's actual property line. Deterrent landscaping will also be provided by petitioner along the Glades portion of the new fence from this site's easterly projected entry. The fencing will be installed as soon as practical, and the landscaping will be installed at the time that petitioner's entry landscaping is installed. (DRO: ZONING - Zoning) (Previous Condition 1 of Resolution R , Control No ) [NOTE: COMPLETED.] SITE DESIGN 1. Any site plan modifications following this Board of County Commission approval shall locate all buildings no less than 150 feet from the east, south, and west property lines that abut residential development. (DRO: ZONING - Zoning) (Previous Condition 3 of Resolution R , Control No ) [NOTE: COMPLETED.] 2. The proposed hotel shall not exceed ninety (90) feet in overall height. (ONGOING: ZONING - Zoning) (Previous Condition 13 of Resolution R , Control No ) 3. A 24-hour security program shall be established for this site which includes monitoring of surrounding residential property lines. (ONGOING: CODE ENF - Code - Enf) (Previous Condition 15 of Resolution R , Control No ) 4. Variance relief shall be obtained for the use of barbed wire in the fencing of the perimeter of this site. As applicable, variance relief shall also be obtained from the solid wall requirement, where this site abuts residentially zoned property and the developer proposes chain link security fence. (DRO: ZONING - Zoning)(Previous Condition 18 of Resolution R , Control No ) [NOTE: COMPLETED. BA approved July 18, 1985.] USE LIMITATIONS 1. No loading or dumpster pickup will be permitted between the hours of 8:00 p.m. and 8:00 a.m. (ONGOING: CODE ENF - Code Enf) (Previous Condition 4 of Resolution R , Control No ) 2. There shall be no bar or cocktail lounge seating, restaurant facility, nor convention facilities in the hotel structure. This condition shall not prohibit facilities to provide complimentary breakfasts or social functions for guests only. (ONGOING: CODE ENF - Code Enf) (Previous Condition 14 of Resolution R , Control No ) 3. No retail sales by occasional occupants or transient vendors shall be permitted in the hotel. (ONGOING: CODE ENF - Code Enf) (Previous Condition 19 of Resolution R , Control No ) 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 BCC August 22, 2013 Page 258

16 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) BCC August 22, 2013 Page 259

17 EXHIBIT C-3 Requested Use - Convenience Store with Gas Sales and Car Wash ALL PETITIONS 1. 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. The approved Preliminary Site Plan (PSP-2) is dated June 28, 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. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Convenience Store with Gas Sales 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) and shall be generally consistent with the Architectural Elevations dated January 16, 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) 2. Gas station canopy shall be designed consistent with the following standards: a. a maximum height of twenty-five (25) feet measured from finished grade to highest point; b. the clearance of the canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy, c. lighting for the gas station canopy shall be recessed; and, d. the gas station canopy signage shall be included within the maximum wall signage calculation allowed for the Convenience Store. (DRO: ZONING - Zoning) ENGINEERING 1. The developer shall contribute for the gas station portion of this project Two Thousand Nine Hundred Dollars ($2,900.00) toward the cost of meeting this project's direct and identifiable impact, to be paid at the time of the building permit for the gas station. (Previous Condition 2 of Resolution R , Control No ) [NOTE: COMPLETED.] 2. Prior to August 22, 2014, the property owner shall provide an acceptable deed or easement to the Palm Beach County Land Development Division for a 25 foot corner clip at Glades Road and Boca Grove Boulevard or as approved by the County Engineer. If the corner clip is provided as right of way, it shall be free and clear of all encroachments and encumbrances. 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, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney's fees as well as the actual cost of the clean up. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector's Office, shall be submitted by the property owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (DATE: MONITORING-Eng) BCC August 22, 2013 Page 260

18 HEALTH 1. Plans for the installation of the underground storage tanks shall be approved by the Health Department prior to the issuance of Building Permits. (Previous condition 10 of Resolution R , Control ) [NOTE: COMPLETED.] LANDSCAPE - GENERAL 1. Concurrent with the submittal for Final Approval by the Development Review Officer, the Property Owner shall submit a Landscape Plan and/or an Alternative Landscape Plan (ALP) to the Landscape Section for review and approval. (DRO: LANDSCAPE - Zoning) 2. The property owner shall provide a continuous opaque landscape barrier consisting of a hedge within the east divider median south of the cross access point and along the south boundary of the 1.46-acre parcel. The hedge shall be a minimum height of six (6) feet at time of installation and continuously maintained at a minimum height of six (6) feet exclusive of safe sight triangles. (ONGOING: CODE ENF - Code Enf) 3. Prior to Final Approval by the Development Review Officer, a landscape focal point shall be provided within the Glades Road right-of-way buffer west of the access point. A detail shall be provided on the Final Regulating Plan and shall be subject to review and approval by the Landscape Section. (DRO: LANDSCAPE - Zoning) SIGNS 1. Replacement or relocation of the existing freestanding sign fronting on Glades Road for the Convenience Store with Gas Sales use shall be limited as follows: a. maximum sign height fifteen (15 feet) measured from finished grade to highest point; b. maximum sign face area per side - one hundred and twenty (120) square feet; c. maximum number of signs one (1); and, d. style - monument style only. (BLDG PERMIT: BLDG - Zoning) (ONGOING: BLDG - Zoning) SITE DESIGN 1. Condition 9 of Resolution R , Control No , which currently states: Prior to certification of the service station portion of the proposed site, the plan shall be amended to reflect the following: a. reduction of the width of the access drives to 35 feet b. installation of a landscaped, berm and wall system to an immediate height of six feet along Boca Grove Boulevard. c. preservation of significant existing native vegetation in the southern portion of this site, and d. provision of unobstructed 100 foot long stacking lanes for the gasoline pump islands. Is hereby amended to read: The Final Site Plan for the Convenience Store with Gas Sales use shall reflect: a. access drive width as approved by Land Development and Florida Department of Transportation; b. installation of a landscaped, berm and wall system to an immediate height of six (6) feet along Boca Grove Boulevard [NOTE: COMPLETED]; and, c. preservation of significant existing native vegetation in the southern portion of this site. (DRO: ZONING - Zoning) USE LIMITATION 1. The Convenience Store shall be limited to a maximum of 3,500 square feet. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) BCC August 22, 2013 Page 261

19 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) BCC August 22, 2013 Page 262

20 Figure 1 Land Use Map BCC August 22, 2013 Page 263

21 Figure 2 Zoning Map BCC August 22, 2013 Page 264

22 Figure 3 Aerial BCC August 22, 2013 Page 265

23 Figure 4 Preliminary Site Plan (PSP-1) dated December 21, 2012 BCC Application No. ZV/DOA/R August 22, 2013 BCC District 05 Page 266

24 Figure 5 Preliminary Site Plan (PSP-2) dated June 28, 2013 BCC August 22, 2013 Page 267

25 Figure 5.a Preliminary Site Plan dated March 14, 2013 as presented at the May 2, 2013 Zoning Commission hearing BCC August 22, 2013 Page 268

26 Figure 6 Preliminary Regulating Plan dated December 21, 2012 BCC August 22, 2013 Page 269

27 Figure 7 Preliminary Master Sign Plan dated October 29, 2012 BCC August 22, 2013 Page 270

28 Figure 8 Building and Carwash Elevations dated January 16, 2013 BCC August 22, 2013 Page 271

29 Figure 9 Canopy Elevations dated January 16, 2013 BCC August 22, 2013 Page 272

30 Figure 10 Previously approved Final Site Plan for the 1.46-acre Auto Service Station (Control No ) pursuant to resolution R BCC August 22, 2013 Page 273

31 Figure 11 Previously approved Final Site Plan for the Arvida Parkway Center (Control No ), pursuant to Resolution R , which did not include the 1.46-acre Auto Service Station. BCC August 22, 2013 Page 274

32 Figure 12 Aerial 1,000-foot radius Exhibit dated October 29, 2012 BCC August 22, 2013 Page 275

33 Figure 13 Existing Convenience Store/Auto Service Station 3-mile radius exhibit BCC August 22, 2013 Page 276