PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: CA Control No.: Applicant: Garry Bernardo Owners: Garry Bernardo Agent: Frogner Consulting, LLC - Jim Frogner Telephone No.: (561) Project Manager: David McGuire, Site Planner II Location: East side of Military Trail two blocks North of Southern Blvd. (American Jewelry and Guns) TITLE: a Class A Conditional Use REQUEST: to allow a Pawnshop APPLICATION SUMMARY: Proposed is a Class A Conditional Use for the American Jewelry and Guns Pawnshop development. The 0.27-acre parcel is located within the General Commercial (CG) Zoning District, and the existing structure and parking lot was constructed in 1976 through Building Permits (B and B ). The applicant is requesting to locate a Pawnshop in the existing 2,916 square foot building. The applicant proposes minor interior modifications to the structure and parking lot. Access to the site shall remain from Military Trail (1) and Manchester Lane (1). ISSUES SUMMARY: o Project History The subject parcel has an existing structure and parking lot constructed in 1976 through Building Permit B and B The permits note a multi-tenant office use that was permitted by right, under the Zoning Code in place at the time of approval. The applicant proposes minor interior modifications to the structure and parking lot. o Consistency with Comprehensive Plan The Planning Division has found the request to be consistent with the Commercial High with an underlying Industrial (CH/IND) Future Land Use designation of the Comprehensive Plan. See Staff Review and Analysis for additional Planning Division comments. o Compatibility with Surrounding Land Uses NORTH: FLU Designation: Commercial High, with an underlying IND (CH/IND) Zoning District: General Commercial District (CG) Supporting: Retail SOUTH: FLU Designation: Commercial High, with an underlying IND (CH/IND) Zoning District: General Commercial District (CG) Supporting: Retail BCC August 23, 2012 Page 23

2 EAST: FLU Designation: Utilities and Transportation (U/T) Zoning District: Public Ownership District (PO) Supporting: PBIA (Control No , PBIA Rezoning) WEST: FLU Designation: Commercial High, with an underlying IND (CH/IND) Zoning District: General Commercial District (CG) Supporting: Vacant A Pawnshop is a Requested Use limited to the CG Zoning District and is not allowed in any other Zoning District. The properties abutting to the north, south and east have consistent Zoning and FLU designations. The parcel to the east is owned and controlled by the Palm Beach International Airport (PBIA) and is within the PO Zoning District. All non-residential zoning districts are compatible with the Civic and Public uses unless otherwise noted within the ULDC. Subject to the Conditions of Approval, staff does not anticipate any adverse impacts to the surrounding properties from this request. o Use Limitations The location of the proposed Pawnshop is consistent with the minimum separation criteria to Residential and other Pawnshop uses as establish in Article 4.B.1.A.97. The hours of operation are restricted to 7:00 AM to 10:00 PM as established by the ULDC. (See Figures 6 and 7) o Landscape/Buffering Building permit B indicates three different buffer widths along the northern property line: a 5-foot buffer east of the building, a 2.5-foot buffer adjacent to the building and a 10-foot buffer west of the building. A 2.5-foot buffer is noted along the southern property line. The Right of Way buffers along Manchester Lane and North Military Trail are shown at 5-foot wide. Article 1.E.1.B allows a project to be vested for the information clearly shown on a prior approval. Improvements to the site must be consistent with the allowances noted in Article 1.F.1.B Modification or Improvement to a Prior Approval with Nonconforming Site Elements. Staff examined expanding the buffers to meet current code with regard to width and found that no expansion could occur without loss of parking spaces. Increasing the width of the buffers would not allow the building to be fully utilized. Therefore, staff added a Condition of Approval that required additional plantings be provided within the Right of Way buffer along Military Trail and no variance will be required. ( See Landscape Condition 1) The driveway throat distance was reduced in 2002 by the FDOT Southern Boulevard Project eliminating most of the North Military Trail Right of Way landscape buffers. A new 5-foot Right of Way landscape buffer along the primary entry from Military Trail has been created by reducing excess paved area and placing new curbing inside the property line. The North Military Trail Right of Way landscape buffer will allow for the safe distance triangle as well as the existing pole sign within the new buffer.. Staff recommends 2 Conditions of Approval requiring that the property owner replace all dead and dying plant material and that the shrubs for the Military Trail Right of Way buffer be provided on the site. (See Conditions of Approval Landscape) o Signs The site has an existing 51 square foot, 21 foot tall pole sign located along North Military Trail as permitted by B Table 8.G.2.a Freestanding Sign Standards would allow a single 200 square foot freestanding sign, although limited to 75 square feet due to frontage length, and Table 8.G.2A Freestanding Signs: Maximum Heights would allow a 20 foot tall sign. As Building Permit B allowing for the pole sign at 21 feet in height and in its current location, the sign is vested for the information clearly indicated on the Building Permit. Staff has provided a Sign Condition 1 that if the sign is replaced a new sign would be limited to 20 feet in height and 75 square feet per sign face. o Architectural Review The site contains an existing structure. The site is subject to Article 5.C if the costs of the renovations exceed 75% of the assessed value. A cost analysis was submitted by the applicant indicating that the value of the renovations did not exceed the threshold for compliance with Article 5.C. BCC August 23, 2012 Page 24

3 TABULAR DATA EXISTING PROPOSED Property Control Same Number(s) Land Use Designation: Commercial High, with an underlying Same IND (CH/IND) Zoning District: General Commercial District (CG) Same Tier: Urban Suburban Same Use: Office, General Pawnshop Acreage: 0.30 acres Same Building Square Footage: 2,916 square feet Same Parking: 15 spaces Same Access: North Military Trail (1) and Manchester Lane (1) Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project. RECOMMENDATION: Staff recommends approval of the request subject to 8 Conditions of Approval as indicated in Exhibit C. MOTION: To adopt a resolution approving a Class A Conditional Use to allow a Pawnshop subject to the Conditions of Approval as indicated in Exhibit C. BCC August 23, 2012 Page 25

4 Figure 1 Land Use Map BCC August 23, 2012 Page 26

5 Figure 2 Zoning Map BCC August 23, 2012 Page 27

6 Figure 3 Aerial BCC August 23, 2012 Page 28

7 Figure 4 Preliminary Site Plan dated June 14, 2012 BCC August 23, 2012 Page 29

8 Figure 5 Preliminary Regulating Plan dated May 10, 2012 BCC August 23, 2012 Page 30

9 Figure foot Residential Use Map BCC August 23, 2012 Page 31

10 Figure foot Pawnshop Use Map BCC August 23, 2012 Page 32

11 Figure 8 Building Permit B BCC August 23, 2012 Page 33

12 BCC August 23, 2012 Page 34

13 STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High with an underlying Industrial Land use (CH/IND). TIER: The subject site is in the Urban Suburban Tier. FUTURE ANNEXATION AREAS: The subject property is within a future annexation area of the Town of Glen Ridge and the City of West Palm Beach. INTERGOVERNMENTAL COORDINATION: The site is within one mile of the Town of Haverhill. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Development Order Amendment for a Class A Conditional Use for an existing 2,900 square foot Pawn Shop. Planning staff has found the request to be consistent with the Commercial High with an underlying Industrial (CH/IND) Future Land Use designation. The existing building is consistent with the Floor Area Ratio (FAR) of 0.35 for a CH/IND designation. The 0.27 acre site could develop with 3, square feet at the 0.35 FAR (0.27 x 43,560 x.35=3, sq. ft). The built square footage equals an FAR of approximately (2,900 sq. ft /11,761.2 =0.246 sq. ft). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is located in the Revitalization, Redevelopment Infill Overlay (RRIO), the Urban Redevelopment Area (URA), Palm Beach International Airport (PBIA) Approach Path Conversion Area Overlay, and the Haverhill Area Neighborhood Plan. The applicant is not proposing changes to the site plan or adding square footage for this Development Order Amendment; at such a time when the applicant proposes to add square footage or revise the site plan the applicant shall comply with Policy h for vehicular and pedestrian cross access. Furthermore the request is not inconsistent with the identified Overlays, Neighborhood Plan and Study Area. FINDINGS: The request is consistent with the FLU designations of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS There are no additional engineering permits required for the proposed change of use in the exisitng building. TRAFFIC IMPACTS The total traffic expected from the proposed project is 168 trips per day, 15 trips in the PM peak hour. 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 ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been previously cleared for development. 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 BCC August 23, 2012 Page 35

14 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: A 2,916 square foot Pawnshop WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD) FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). 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 9 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. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.-2.B and provides the following assessment: 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 for a Class A Conditional Use for an existing 2,900 square foot Pawn Shop. Planning staff has found the request to be consistent with the Commercial High with an underlying Industrial (CH/IND) 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. The Zoning Division has reviewed the request for a a Class A Conditional Use for a 2,916 square foot Pawnshop within an existing structure. Zoning staff has found the request to be consistent with the Commercial General (CG) Zoning designation. The existing office building use and site layout was approved via Building Permit B Therefore, the existing site improvements indicated on the Building Permit are considered vested. The current Code allows a Pawnshop only as a Class A Conditional Use in the General Commercial (CG) Zoning District. The proposed use or amendment complies with all applicable standards and provisions of this code with regard to use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B.1.A.97 pawnshop in the SUPPLEMENTARY USE STANDARDS. The proposed use is not within 2,000 of another pawnshop, nor does the site abut a residential use or a site zoned residential. The hours of operation will also meet code requirements. 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. BCC August 23, 2012 Page 36

15 The subject site is bound to the north and south by Commercial development. Across North Military Trail to the west, the subject site is bound with mostly vacant commercially zoned parcels. Across Manchester Lane to the East, the subject site is bound with vacant lands controlled by The Palm Beach County International Airport (Control no ). Subject to the Conditions of Approval, staff does not anticipate any adverse impacts to the surrounding properties from this request. 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 existing improvements include a one-story building, 15 space parking lot, 21 foot tall freestanding sign and sparse landscaping. The current owner proposes to improve the landscape by replacing all dead, dying and missing and by making minor aesthetic improvements to the building. By proposing to re-use an existing commercial structure, the applicant provides new investment and employment in an older neighborhood and creates one of the elements needed in sustainable development. The proposed project minimizes adverse effects, including visual impact by making exterior and landscape improvements and not increasing the intensity in the area. 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 Resources Management (ERM) has determined that no significant environmental issues are 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 Pawnshop use is located within a Commercial district and is a logical, orderly and timely pattern of development for the area. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Concurrency has been approved for a 2,916 square foot pawnshop. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. Palm Beach County has demonstrated through the development of the Revitalization, Redevelopment and Infill Overlay (RRIO) and the Urban Redevelopment Area (URA) that one of the county s goals was to encourage infill redevelopment of the substandard properties located along North Military Trail. While no specific regulations are being incorporated from the URA or RRIO into this development, the applicant proposes the redevelopment of an under utilizes parcel, improving the site and the area in general. Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the request. 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. BCC August 23, 2012 Page 37

16 CONDITIONS OF APPROVAL EXHIBIT C Conditional Use Class A ALL PETITIONS 1. The approved Preliminary Site Plan is dated June 14, 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) ENGINEERING 1. Prior to issuance of a certificate of occupancy, the property owner shall combine the existing parcels into one legal lot of record in accordance with the plat waiver or plat process as applicable with provisions of Article 11 of the Unified Land Development Code. (CO: MONITORING-Eng) LANDSCAPE - GENERAL 1. Prior to December 1, 2012, the property owner shall replace all dead and missing plant materials on the entire subject property. (DATE: LANDSCAPE - Zoning) 2. At time of submittal for Final Approval by the Development Review Officer, the Property Owner shall submit a Landscape Plan to the Landscape Section for review and approval. The Plan shall be prepared in compliance with all landscape related conditions of approval as contained herein. (DRO: LANDSCAPE-Zoning) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE WEST PROPERTY LINE (FRONTAGE OF MILITARY TRAIL) 1. In addition to Code requirments, landscaping along the west property line shall include the following shrub materials: a. one (1) large shrub for each four (4) linear feet of the property line. Large shrubs shall be a minimum of forty-eight (48) inches at installation; b. one (1) medium shrub for each four (4) linear feet of the property line. Medium shrubs shall be a minimum of thirty-six (36) inches at installation; c. one (1) small shrub for each two (2) linear feet of the west property line. Shrub shall be a minimum of twenty-four (24) inches at installation. The required small shrubs may be relocated elsewhere on the site if there is not sufficient space within the west buffer. The proposed location shall be shown on the Landscape Plan and Regulating Plan for review and approval by the Landscape Section. (DRO: LANDSCAPE-Zoning) SIGNS 1. Replacement or relocation of the freestanding sign fronting on Military Trail shall be limited as follows: a. maximum sign height, measured from finished grade to highest point twenty (20) feet; b. maximum sign face area per side - seventy five (75) square feet; c. maximum number of signs - one (1); and, d. style - monument style only. (BLDG PERMIT: BLDG - 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 BCC August 23, 2012 Page 38

17 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 (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or 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 23, 2012 Page 39

18 Exhibit D: Disclosures BCC August 23, 2012 Page 40

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