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/CA Application Name: APEC-Haverhill Control No.: Applicant: Dolphin Stations LLC Owners: Dolphin Stations LLC Dolphin Stations LLC Agent: Infinity Engineering Group, LLC - James Vandercrake Telephone No.: (813) Project Manager: Carrie Rechenmacher, Senior Site Planner TITLE: a Type II Variance REQUEST: to allow extended hours of operation for a commercial use within 250-feet of a residential use; to allow an easement overlap in a right-of-way buffer. TITLE: a Development Order Amendment REQUEST: to reconfigure Site Plan; add a Conditional Use; modify Conditions of Approval (Engineering and Landscaping, Health and Use Limitations). TITLE: a Class A Conditional Use REQUEST: to allow a Type I Restaurant with a drive-through APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for the APEC at Haverhill Convenience Store with Gas Sales development. The 2.12-acre site was last approved by the Board of County Commissioners (BCC) on August 23, 2007 for an Official Zoning Map Amendment with a Conditional Overlay Zone (COZ) to allow a rezoning from the Multi-family Residential Zoning District (RM) to the General Commercial (CG) Zoning District and to allow for a 3,600 square foot (sq. ft.) Convenience Store with Gas Sales for 8 pumps and 16 fueling positions and an accessory Car Wash; however, the approval was never implemented. The Applicant is proposing a modification to the site plan that includes a reduction in square footage and the number of pumps/fueling positions for the Convenience Store, proposed is 3,005 sq.ft (-595 sq, ft.) and 7 pumps/14 fueling positions (-1 pump /-2 positions); delete the accessory Car Wash; delete an access point on Haverhill Road, and add a 1,524 sq. ft. Type I Restaurant with 30 seats. The Applicant has requested to modify Conditions of Approval for the COZ (Engineering and Landscaping) and modify Conditions of Approval for the Convenience Store (Health and Use Limitations). Additionally the Applicant has requested Type II Variances for hours of operation and easement overlap. The Unified Land Development (ULDC) restricts commercial uses that are located within 250 feet of a residential district between the hours of 6:00 am to11:00 pm. The Applicant is requesting a variance to allow a daily operation of 24 hours. The ULDC allows a maximum of 5-foot overlap in a Right-of-Way (ROW) landscape buffer. The Applicant is requesting to allow an easement overlap to exceed the maximum 5 foot by 3.5 feet in the ROW landscape buffer along Wallis Road and Haverhill Road. A total of 34 parking spaces will be provided and access to the site will remain from Wallis Road (1) and Haverhill Road (1). SITE DATA: Location: Southwest corner of Haverhill Road and Wallis Road. Property Control Number(s) Existing Land Use Designation: Commercial High, with an underlying LR-2 (CH/2) Proposed Land Use Designation: No Proposed Change Existing Zoning District: General Commercial District (CG) Proposed Zoning District: No Proposed Change Acreage: 2.20 acres Tier: Urban/Suburban Overlay District: Palm Beach International Airport Overlay (PBIA-O) Neighborhood Plan: Haverhill Neighborhood Plan CCRT Area: Wallis Street West ZC February 4, 2016 Page 78

2 Municipalities within 1 Mile Future Annexation Area Town of Haverhill Town of Haverhill, City of West Palm Beach RECOMMENDATION: Staff recommends approval of the Development Order Amendment subject to 23 Conditions of Approval as indicated in Exhibit C-2 and 12 Conditions of Approval as indicated in Exhibit C-3. Staff recommends denial of the Type II Variance and denial of the Class A Conditional use for a Type I Restaurant with a drive-through. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received no contacts from the public regarding this project. PROJECT HISTORY: Application No. Request Resolution Approval Date SCA Concurrent Small Scale Amendment from LR2 to Commercial High with underlying Ord September 11, 2007 Low Residential 2 (CH/2). Z/CA Rezoning from the Residential Multifamily R September 11, Z/CA to the General Commercial Zoning District Class A Conditional Use to allow a Convenience Store with Gas Sales and Car Wash 2007 R September 11, 2007 At the August 23, 2007 Board of County Commissioners hearing the Small Scale Amendment, SCA and Z/CA were presented. Both applications had a Staff recommendation of denial for failure to comply with the requirements of the Comprehensive Plan, and Standards for the Rezoning and Conditional Use. The BCC discussed an alternative Land Use of Commercial Low and Community Commercial Zoning District to reduce intensity of the site. A few members of the public spoke in both support and opposition. The Applicant presented their reasons for the BCC to support the application. Due to loss of a quorum they postponed the application to August 27, At the August 27, 2007 hearing, the discussion continued on the Land Use and Zoning applications. After additional discussion regarding the proposed use in the residential neighborhood, its location to Southern and the proposed industrial development, requirements for additional vegetation adjacent to the residences and hours of operation for the uses, the BCC approved the Small Scale Land Use amendment finding it would overall enhance the community, providing a needed service for the area, with a vote of 5-0; and approved the Rezoning and Conditional use with a vote of 5-0. SURROUNDING LAND USES: NORTH: FLU Designation: Low Residential (LR-2) Zoning District: Multi-Family Residential (Medium Density) District (RM) Supporting: Residential (Beverly Healthcare Center, Control No ) SOUTH: FLU Designation: Low Residential (LR-2) Zoning District: Multi-Family Residential (Medium Density) District (RM) Supporting: Residiential EAST: FLU Designation: Utilities and Transportation (U/T) Zoning District: Public Ownership District (PO) Supporting: Vacant WEST: FLU Designation: Low Residential (LR-2) Zoning District: Multi-Family Residential (Medium Density) District (RM) Supporting: Residential ZC February 4, 2016 Page 79

3 TYPE II VARIANCE SUMMARY ULDC Article Required Propsed Variance 3.D.3.A.2.a Commercial Hours of Operation 6:00 am to 11:00 pm 24 Hours (+7 hours) to allow 24 hours operation within 250- feet of residential 7.D.12 Landscaping, General Standards, Landscaping in Easements 7.D.12 Landscaping, General Standards, Landscaping in Easements Maximum of 5-foot easement overlap in a required buffer Maximum of 5-foot easement overlap in a required buffer 8.5-foot easement overlap in a required buffer for Haverhill Road 8.5-foot easement overlap in a required buffer for Wallis Road district feet +3.5 feet The ULDC restricts commercial uses that are located within 250 feet of a residential district between the hours of 6:00 am to 11:00 pm. The Applicant is requesting a variance to allow a daily operation of 24 hours. The ULDC allows a maximum of 5 foot overlap in a ROW buffer, and requires a minimum 15 foot buffer on a ROW with a maximum of 99 feet in width and a 20 foot ROW buffer for a ROW greater that 100 feet in width. The Applicant is requesting to allow an easement overlap to exceed the 5 foot overlap in the required landscape buffer along Wallis Road and Haverhill Road by an additional 3.5 feet in certain areas where there is a turn lane or the lift station easement. FINDINGS: Type II Concurrent Variance Standards: When considering a Development Order application for a Type II Variance, the Zoning Commission shall consider Standards 1 through 7 listed under Article 2.B.3.E of the ULDC. The Standards and Staff Analyses are as indicated below. A Type II Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. 1. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure that are not applicable to other parcels of land, structures or buildings in the same zoning district: APPLICANT S RESPONSE: The Applicant states in their Justification (Exhibit E) that The property is located within the Palm Beach International Airport flight approach path. Airplanes frequently roam overhead from early morning hours to late at night. Additionally as shown in the picture below, the property is located close to Southern Boulevard and roadway noise can easily be heard on the property from that overpass. All of this activity impacts the Property and surrounding community. Allowing the Applicant to operate the proposed business increased hours will not impact the adjacent residential uses negatively more so than the existing noise from the airport and highway. The Applicant further explains. The property and surrounding area are located within the PBIA Overlay. The goals and objectives for this area of the County is to encourage the conversion of residential properties to non-residential uses. Although the adjacent properties are currently residential, they may not be in the future. The vacant properties across Haverhill Road are areas where criminal activity is possible as there is limited eyes on the street. The Applicant believes that by allowing the proposed business to operate expanded hours of operation the potential for crime would be reduced. STAFF RESPONSE: V1. NO. Special conditions and circumstances do not exist for this property that are not applicable to other properties in the same zoning district. The use could easily operate during hours permissible by the ULDC from 6:00 am to 11:00 pm and not cause any potential additional negative impact to the residential uses that are within 250 feet of the proposed Type I Restaurant, drive through and Convenience Store with Gas Sales. ZC February 4, 2016 Page 80

4 The current approved Site Plan for a Convenience Store with Gas Sales and Car Wash (Figure 7) could be constructed without any additional variances. A Type I restaurant without a drive-through may permitted by right or subject to Development Review Officer (DRO) approval in this location provided the gross floor area does not exceed 1,500 square feet. Later in the report you should note that Staff does not support the Type I Restaurant with the drive-through. Staff recommends no drive-through be allowed in this location and additional hours not be approved. Staff does not agree that additional noise and lighting would not contribute to an additional negative impact. Staff does not agree that because the residential uses may not be there in the future is a reason to allow the hours of operation to vary from what the Code currently allows. They Applicant may seek the hours they desire when the residential uses no longer exist. There is significantly less traffic at night and especially after 11:00 pm and therefore less noise and less disturbances. Allowing additional business hours for the facility would negatively affect the adjacent residents with noise and lights. More noise and commotion impact at all hours of the day or night would also be caused from the drive through window which is directly adjacent to residential. If the Zoning Commission does vote for approval of this variance request staff recommends a Condition of Approval limiting the additional hours to the Convenience Store with Gas Sales and not allow the late hours for a donut and coffee drive through service. The Applicant states the 24 hour service would provide additional eyes on the street, however it also could lure criminal activity having an all night business. Furthermore, the Applicant has not provided any crime activity report or analysis supporting this statement. The approved site plan depicts the previously proposed Convenience Store with Gas Sales and accessory car wash which was never built and did not require any variances. This could have been constructed as approved however the new owner wanted a different layout and uses. V2. & V3. NO: Special Circumstances do not exist that are peculiar to this parcel or use of land that do not pertain to other developments in the General Commercial Zoning District. The previous approval was approved with no easement overlaps, because of the reconfiguration of the plan and the request for the Type I Restaurant with drive through the site has become constrained. The Applicant knows the limitations in the Code and can redesign to comply with the requirements. Per Article 7.C.12 of the ULDC: Easements may overlap a required landscape buffer by a maximum of five feet, provided there remains a minimum of five feet clear for planting. The Applicant is requesting a Type II Variance from Article 7.C.12. The Applicant requests to allow the 10 foot utility easement to overlap the 20 foot right-of-way buffer a maximum of 8.5 feet along the Haverhill Road frontage and 7.5 feet on the south side of the lift station which is adjacent to Wallis Road. Due to the property s location at the intersection of Wallis and Haverhill Roads additional right-of-way is being required to be dedicated along both the north and east property lines. The Property is 267 feet wide. The Palm Beach International Airport Overlay (PBIA-O) requires a minimum building setback of 50 feet from a residential zoning district. This increased setback coupled with the required 20 foot right-of-way landscape buffer and the 40 foot by 40 foot (1600 sq. ft) existing lift station and increased utility easement width provides some site design limitations for the Convenience Store Gas Sales stacking and circulation. The tapering of the right-of-way into the Property along the southern portion of the property line has caused the need for the 3.5 foot overlap. If the Variance is approved all required ROW Planting materials shall be provided in the ROW buffers. One canopy tree per 25 lineal feet Article 7 further states that one hundred percent of the buffer length shall be composed of a continuous opaque vertical landscape screen at least two feet in height, planted in a meandering pattern as illustrated in Figure 7.F.7.B, Buffer Width, Trees and Shrub Layers, and composed of the shrub types listed in Table 7.F.7.B, Shrub Planting Requirements of small, medium and large shrubs. The area of the buffer not planted with trees and shrubs shall be landscaped with ground treatment. 2. Special circumstances and conditions do not result from the actions of the Applicant: APPLICANT S RESPONSE: The Applicant states that Palm Beach County created the PBIA Overlay many years ago and set policies to protect Property Owners from potential negative impacts of being located within the Palm Beach International Airport flight path. Furthermore, the County s ZC February 4, 2016 Page 81

5 Airport Division has been acquiring property east of Haverhill Road for many years to accommodate potential future airport expansion efforts. Neither of these circumstances were created by the Applicant. STAFF RESPONSE: V1. NO. Special circumstances and conditions do result from the actions of the Applicant and is a result of the Applicant and the Applicant s request. The site has a current approval for a Convenience Store with Gas Sales with a car wash. The circumstances of the request are a result of the Applicant s proposal requesting a drive through directly adjacent to a residential use and a 24 hours operation within 250 feet of a residential use. The Applicant is choosing uses for this location that do not the standards of Article 3 for hours of operation within 250 feet of a residential use, located to the south and west. V2. & V3. NO: The request is a result of the Applicant because the request is for a new use, redesign of the site, and revised access points causing a direct effect on the ability to comply with the Code. There is an approved plan for a Convenience Store with Gas Sales with no variances. Palm Beach County created the PBIA Overlay many years ago and set policies to protect Property Owners from potential negative impacts of being located within the Palm Beach International Airport flight path. The required 50 foot setback from residential requirement limits where buildings, parking and circulation paths can be placed on the property to protect residential uses. The other circumstance that does not result from actions of the Applicant is the right-of-way dedication for Haverhill Road. The Applicant will provide all of the ROW landscaping required by Article 7 of the ULDC The Applicant states the Engineering Department is requiring approximately 10 feet of additional ROW to be dedicated thus narrowing the site and further restricting how the site can be laid out to accommodate the other requirements of the ULDC related to parking, stacking, and drive aisle widths. In addition, the Applicant states the Land Development Department requires a 12 foot utility easement (UE) along the east, west and south sides of the lift station where the remainder of the ROW UEs are 10 feet in width. 3. Granting the variance shall not confer upon the Applicant any special privilege denied by the Comprehensive Plan and this code to other parcels of land, structures or buildings in the same zoning district: APPLICANT S RESPONSE The Applicant states that Although the property is zoned Commercial General and is located within 250 feet of residential uses, the Property is unique because of its location within the PBIA Overlay and within the flight approach path. Variances have been granted to allow extended hours of operation to commercial uses adjacent to residential uses throughout the entire County when appropriate. The Applicant is simply requesting for the same approval granted to others and the Applicant seeks to obtain extended hours of operation to compete with other gas stations in the area that currently operate 24 hours a day to serve the County residents as well as tourists heading to and from the airport. STAFF RESPONSE: V1.-V3. NO. Granting this Variance would confer a special privilege upon the Applicant that was not allowed by the Code and not available to other parcels of land, structures or buildings within this same zoning district. Development of the site is a result of the applicant. The Applicant could develop the site with the existing approved plan, or choose to operate within the standards of the ULDC. The drive through adjacent to residential uses 24 hours a day would confer a nuisance to the adjacent properties. The hours of operation should be consistent with the Code. The applicant is choosing this location which does not comply with the standards of Article 3 for hours of operation within 250 feet of a residential use. The Applicant is requesting the Variance to allow easement overlap a portion of the required ROW buffers but will provide all required landscaping to maintain a consistent buffer design within the ROW buffer along Haverhill and Wallis Road. However this variance would not be needed if the drivethrough was not being requested. ZC February 4, 2016 Page 82

6 4. Literal interpretation and enforcement of the terms and provisions of this Code would deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship: APPLICANT S RESPONSE: The literal interpretation would work an unnecessary and undue hardship. The intent of the Unified Land Development Code is to create proper separation between commercial and residential uses to limit impacts on residential properties. In this case, the Palm Beach International Airport and Southern Boulevard already impact the adjacent residential community. The area surrounding the property is currently a transitional area. There are a variety of uses including commercial, industrial, utility, transportation, and institutional. Other commercial uses throughout the County have been granted hours of operation variances when adjacent to residential uses. The requested variance will allow the Property Owner to remain open and operational 24 hours a day which will provide additional protection from vandalism to the property or other such criminal activity in an area of the County that is transitioning from residential to nonresidential uses. STAFF RESPONSE: V1-V3. NO. Literal interpretation would not work an unnecessary and undue hardship. The Applicant could implement the current approved plan or implement the proposed plan consistent with the Article 3 for hours of operation. The Applicant has an approval on this site that did not include any variances. Additionally, the Applicant may still have a Type 1 restaurant without a drive-through, and operate within the 6:00 am to 11:00 pm Code requirements so as not to impact the existing residential uses. The ULDC limitation on hours of operation is associated with the parcels commercial zoning designation in proximity to residential uses 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: APPLICANT S RESPONSE This request for a variance to allow extended hours for the proposed use is the minimum variance that will make of reasonable use of the structure and will not create an adverse effect on the local residential area and all other surrounding uses. The Applicant is proposing to provide appropriate screening and landscaping along the property lines to protect the adjacent residential uses as required by the previous resolution and ULDC requirements. STAFF RESPONSE: V1.-V3. NO. Granting of variances is not the minimum variance that will make possible the reasonable use of the parcel of land. The site has an approval for a Convenience Store with Gas Sales without any variances from hours of operation or easement overlap. Other uses are allowed in the Zoning District that can exist without needing to operate 24 hours. The residential uses existed prior to the original Convenience Store approval, and continue to exist. The requested variances are not necessary to develop the project and were not previously requested for the first proposal and are not required to make reasonable use of the parcel of land. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: APPLICANT S RESPONSE: Per article 3.D.3.A.2.a of the Unified Land Development Code, the objective is to protect residential areas from the potential adverse effects of local commercial activity between the hours of 11:00 pm and 6:00 am. This particular section references activities such as deliveries and stocking as potential disruptive activities. However, in the case of the proposed uses, these specific activities would only occur during typical business activity hours. The minimal number of customers within these hours are unlikely to create disruptive behavior and will cause little impact to local residential areas. The Applicant simply seeks for extended hours of operation to compete with other 24 hour gas stations as well as insure that the business is safe from vandalism and other potential criminal activity. STAFF RESPONSE: V1. V3. NO. The approval of the variance would be inconsistent with the purposes, goals, objectives and policies of the Plan and the Code. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare: ZC February 4, 2016 Page 83

7 APPLICANT S RESPONSE The proposed variance, if granted, will not be injurious to the area involved or detrimental to the public welfare. The Applicant is proposing to provide appropriate screening and landscaping along the property lines to protect the adjacent residential uses as required by the previous resolution and ULDC requirements. As previously mentioned, it is important to note that the Property and surrounding area are located within the flight path for the Palm Beach International Airport as well as within close proximity of Southern Boulevard. The noise from both currently impacts the other properties within the immediate vicinity. As such the surrounding community has become a transitional area where residential uses have been converting over the years to non-residential uses including commercial and industrial business. STAFF RESPONSE: V1.-V3. NO. Granting the variances have a direct and injurious effect on the surrounding residential uses. The current approval can be developed and comply with the Code regulations. 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. Staff s Analysis: Staff has determined that the request is in compliance with Standard 1 based on the following analysis. o Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Prior Land Use Amendments: The site was the subject of a Small Scale Amendment known as Haverhill / Wallis Commercial SW (SCA ), which was adopted via Ordinance This amended the Future Land Use (FLU) designation from Low Residential, 2 units per acre (LR-2) to Commercial High, with an underlying 2 units per acre (CH/2), with no conditions of approval. o Intensity: The request for a total of 4,529 square feet equates to a FAR of approximately 0.05 (4,529 / 97,254 surveyed square feet or 2.23 acres = 0.046). The maximum Floor Area Ratio (FAR) of.35 without PDD, is allowed for non-residential project with a CH FLU designation in the Urban Suburban Tier (97,254 surveyed square feet x.35 maximum FAR = 34,038.9 square feet maximum). o Special Overlay District/ Neighborhood Plan/Planning Study Area: The request is located within CCRT Area #24 Wallis Street West, PBIA Approach Path Overlay, and the 1992 Haverhill Neighborhood Plan. The analysis for each planning area is provided below: CCRT Area #24 Wallis Street West: the Applicant met with The Office of Community Revitalization (OCR) and constituents from the surrounding neighborhood on August 20, Concerns identified by the residents were related to neighborhood safety, lighting, additional traffic and adequate buffering to separate the use from the nearby residents. The Applicant added sidewalks along both road frontages, additional lighting and a masonry wall on a berm for separation. PBIA Approach Path Overlay - The subject site is generally consistent with the intent of the Overlay. Specifically, the site was the subject of a previous land use amendment to convert the parcel to Commercial High. FLUE Policy b states, " Land within the Overlay shall not have the potential to seek commercial zoning unless the land is designated Commercial on the Future ZC February 4, 2016 Page 84

8 Land Use Atlas through a FLUA amendment. Therefore, the proposed non-residential use is consistent with the Overlay. Haverhill Neighborhood Plan - The subject site falls within the southwestern section of the study area between Wallis and Southern Boulevard that is recognized by the study as being in an area that is transitioning from residential to industrial. The Study identifies a need for absentee landlords to address property maintenance and the need for bicycle pathways and pedestrian sidewalks. There are no specific study recommendations that directly relate to the subject site or request. Therefore, the request is generally consistent with the intent of the study. The Applicant contacted the Town of Haverhill, and the Town provided a letter dated September 25, 2015 stating no objection. However, the Town did raise concerns regarding cumulative traffic that may result from all approved and proposed projects that may utilize right of ways that traverse their jurisdiction 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. Staff s Analysis: Staff has determined that the request is in compliance with the Standard 2 for the Development Order Amendment but it is NOT in compliance for the Type I Restaurant with drivethrough based on the following analysis: Development Order Amendment (COZ and Convenience Store with Gas Sales) o Property Development Regulations: The proposed DOA is consistent with the CG Property Development Regulations in regards to minimum lot dimensions, minimum and maximum density, maximum FAR, maximum building coverage, and minimum setbacks as indicated in Table 3.D.1.A, and as shown on the Preliminary Site Plan in Figure 4. o Overlays: The Property is located within the PBIA Approach Path Overlay/PBIA-Overlay. The proposed DOA will meet the minimum property development regulations of the overlay which includes a 50 foot setback from residential uses. o Neighborhood Plan: The property is also in the CCRT Area #24 Wallis Street West,, and the 1992 Haverhill Neighborhood Plan as addressed in Planning comments under Consistency with the Plan above. o Location Criteria: The proposed Type I Restaurant meets the location criteria of Art. 5.E.2.B which allows a maximum of 2 Type I Restaurants to be located within 1,000 of an intersection. The Property is located at the intersection of Haverhill Road and Wallis Road and is located within 1,000 feet from the intersection of Southern Boulevard and Haverhill Road. There are no other Type I restaurants at the intersection of Haverhill and Wallis Roads so the use meets this section of the code and also the Supplementary Standards of Art.4.A.1.B.37 for the 500 feet separation from another Type I restaurant as there are no other Type I restaurants located at the intersection of Haverhill Road and Wallis Road. ULDC Supplementary Standards Art.4.A.1.B. note 37. Addresses Convenience Store with Gas Sales allows a maximum of 5,000 square feet with a maximum of two auto service stations and convenience stores with gas sales, or any combination thereof, shall be permitted at an intersection pursuant to Article 5.E.2.B, It was previously determined the gas station meets the criteria for Intersection. Also a gas station radius map is provided in Figure 7. o Modifications of Conditions of Approval. The Applicant has requested to modify five Conditions of Approval two within the COZ, for Engineering and Landscaping, and 3 for the Convenience Store with Gas Sales (Health and Use Limitations). The Engineering and Health modifications will be discussed further under Standard 7 Adequate Public Facilities. The site has been modified to remove the water feature at the north east corner. This modification has an impact on Landscape Condition 8. The intent of the original condition was to provide an enhanced focal point for the change in the Zoning District. Staff proposes to delete Landscape Condition 8 and ZC February 4, 2016 Page 85

9 modify Landscaping Condition5 to provide an alternative and additional landscaping at the north east corner. In review of the last Development Order for the Convenience Store with gas sales, there was discussion at the hearing regarding the hours of operation for the accessory car wash. The Applicant had met with the adjacent homeowners and agreed to a condition to limit the hours for the car wash 6:00 am to 11:00 pm as it is reflected in the Conditions of Approval. It should be noted that, even though there was specific conditions for the Car Wash, the ULDC regulations, at the time of the approval, restricted to hours of operation 6:00 am to 11:00 pm for all uses (Convenience Store, gas sales and car wash) due to its proximity and adjacency to a residential zoning district. The Applicant has requested to modify two Use Limitations conditions that restrict the hours of operation. The proposed condition can be deleted since they are deleting the car wash and the Code upholds the same hours of operation limitation. o Variance: The ULDC restricts commercial uses that are located within 250 feet of a residential district between the hours of 6:00 am to 11:00 pm. The Applicant is requesting a variance to allow a daily operation of 24 hours. Staff recommends denial of the request for 24 hour operation due to the proximity to the existing residential. Denial would not prohibit the use from operating. The ULDC allows a maximum of 5 foot overlap in a ROW buffer, and requires a minimum 15 foot buffer on a ROW with a maximum of 99 feet in width and a 20 foot ROW buffer for a ROW greater that 100 feet in width. The Applicant is requesting to allow an easement overlap to exceed the 5 foot overlap in the required landscape buffer along Wallis Road and Haverhill Road by an additional 3.5 feet in certain areas where there is a turn lane or the lift station easement. Staff has recommended denial of the easement overlap as stated above in the Type II Variance findings and minor re-design of the site can be accommodated with no need for the variance. o Landscape/Buffering: The Applicant is requesting a Type II Variance for easement overlap, as stated above, in the ROW buffers for the north and east property lines. The site plan indicates a 16 foot incompatibility buffer for the west property line with a 6 foot wall on a 2 foot berm and a 15 foot incompatibility buffer on south property line and which includes a 6 foot wall. As discussed above, Staff has modified some of the focal point landscaping conditions. Staff has issues with the modification of the area along the west property line, as will be discussed below, with the Type I Restaurant with drive-through analysis. o Parking: A convenience store with gas sales greater than 3,000 square feet in GFA shall provide half of the required parking spaces directly adjacent to the store. The propose facility meets this requirement. o Architecture: Preliminary architectural elevations have been provided for the proposed facility and canopy for the gas sales. The elevations are dated September 28, 2015 and are in compliance with Article 5.C. Staff has added an Architectural Condition specifying final approval of the elevations is required by the DRO. (Figure 6) o Signs: Previous Conditions of Approval limited signage to 60 square feet and 10 feet in height. The Preliminary Master Sign Plan must be modified at time of final DRO approval to be in compliance with this condition. The Applicant did not request this condition be modified. Signage should be limited to facing Haverhill, rather than facing the residential uses Class A Conditional Use Type I Restaurant Staff has determined that the request does not comply with the first set of requirements under Standard 2, Use or Amendment complies with applicable standards and provision of the Code for use, layout, function and general development characteristics, even though the proposal does satisfy the latter part (Supplementary Use Standards of Article 4.B) of Standard 2, for the Type I Restaurant with drive-through. o Location Criteria: The proposed Type I Restaurant meets the location criteria of Art. 5.E.2.B which allows a maximum of 2 Type I Restaurants to be located within 1,000 of an intersection. The Property is located at the intersection of Haverhill Road and Wallis Road and is located within 1,000 ZC February 4, 2016 Page 86

10 feet from the intersection of Southern Boulevard and Haverhill Road. There are no other Type I restaurants at the intersection of Haverhill and Wallis Roads so the use meets this section of the code and also meets the 500 feet separation from another Type I restaurant as there are no other Type I restaurants located at the intersection of Haverhill Road and Wallis Road. o Type I Restaurant: The ULDC has different approval processes for a Type I Restaurant based on the design and size of the use. If a Type I Restaurant includes a drive-through, regardless of the size or has no drive-through but is greater than 5,000 sq. ft it requires an approval by the Board of County Commissioners in this Zoning District. The proposed request is a Type I Restaurant with a drive-through and 1,524 sq. ft. If there were no drive-through the use could be approved administratively by the DRO. o Layout and Function: Although, the proposed Type I restaurant with drive-through is consistent with the general provisions of the ULDC Article 4 Supplementary Use regulations, the design and layout has impacts on the adjacent residents. During the review of the last Development Order for the Rezoning and Use approval there was discussion at the hearing by both the Board and the Applicant that they intended to protect the residents at the south and west from the impacts of the proposed development. The activity of the all uses on the site were limited from 6:00 am to 11:00 pm, and use of the car wash was a concern due to its proximity to the existing homes. The proposed request replaces the car wash, but includes additional activity behind the building that wasn t there in the last Development Order, thus creating a negative impact. o PBIA Overlay- Supplemental Regulations- Speakers: Within the PBIA-Overlay, outdoor speakers are not permitted to be audible at the property line. The Applicant states that the proposed menu board volume can be lowered with the automatic volume control which will be installed to ensure that this requirement is met, and that the proposed wall and landscaping will also aid in reducing any voices carrying over the menu board speaker. Staff is not in agreement with the Applicant s reasoning to lower the volume on the speakers as the activity of the vehicles, along with the noise of people ordering will conflict with the requirements of the PBIA Overlay. Staff recommends denial of the Type I Restaurant with drive-through. Staff, does not have issue of allowing the administrative use approval of the Type I Restaurant without a drive through as the activity and impacts for the residents, at the back of the building would be eliminated. Staff believes it in not reasonable to add more noise and lights to a site that is adjacent to a residential use because there is already a certain amount of negative impact due to the location close to a major intersection as well as being in the PBIA-O overlay. 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. Staff s Analysis: Staff has determined that the request is in compliance with the Standard 3 for the Development Order Amendment but it is NOT in compliance for the Type I Restaurant with drivethrough based on the following analysis: Development Order Amendment (COZ and Convenience Store with Gas Sales) The Convenience Store with Gas Sales was previously approved with a Carwash. The proposed amendment to the COZ and the Convenience Store with gas sales and care wash will eliminate the Carwash and reduce the total number of fueling positions, Condition of Approval proposed for modification have been amended to address the reconfiguration of the site. The Zoning District and use were previously found to be compatible and generally consistent with the character of the land surrounding it, subject to conditions Class A Conditional Use Type I Restaurant The Type I Restaurant Drive-through is not compatible with the adjacent residential to the west and south, due to the proximity of the drive-though and activity associated with it. The area to the back side of the building should be left as green landscaped area. Staff has no objection to a Type I ZC February 4, 2016 Page 87

11 Restaurant without a drive-through, and could be approved administratively, and no objection to the modifications to the Convenience Store with Gas Sales. 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. Staff s Analysis: Staff has determined that the request is in compliance with the Standard 4 for the Development Order Amendment but it is NOT in compliance for the Type I Restaurant with drivethrough based on the following analysis: Development Order Amendment (COZ and Convenience Store with Gas Sales) The proposed amendment for the COZ and the Convenience Store with Gas Sales, with modifications to the Conditions of Approval and site design has minimal effect on the adjacent residents from what as previously approved. The Convenience Store was reduced in size both square footage and number of pumps/fueling positions. The modifications to the conditions are to address the deletion of the water feature, with conditions proposed to enhance landscaping in its place and to deletion of the car wash. Proposed architectural elevations have been reviewed for compliance with Article 5.C, and found to be compatible with the surrounding area. The buffers along the west and south remain unchanged from the previous approval. Class A Conditional Use Type I Restaurant The Preliminary Site Plan for the Type I Restaurant with a drive-through provides an increase of adverse impact to the adjacent residential uses. Although the drive-through lane is screened by a 6 foot high wall where the drive-through lane runs parallel to the east property line there will be an increase in noise, and car lights in this location at all hours of the night. The previous approval limited the hours of operation for the car wash to the ULDC requirement of 6 am to11 pm and the remainder of the site was also limited to the 6 am to 11 pm requirement of the ULDC hours of operation of uses within 250 feet of a residential use. With the location of the drive-through at the rear of the building, it brings more activity and noise adjacent to the existing residents. Staff recommends that the Applicant should revise the request to limit the use to a Type I Restaurant with no drive-through, and would then eliminate the impacts on the existing residents. 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. Staff s Analysis: Staff has determined that the request is in compliance with Standard 5 based on the following analysis. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site had been cleared of moist of the native vegetation previously, the remaining native trees are scattered around the site. Trees that are not incorporated into the site [plan shall be mitigated on the site. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. ZC February 4, 2016 Page 88

12 Staff s Analysis: Staff has determined that the request is in compliance with the Standard 6 for the Development Order Amendment but it is NOT in compliance for the Type I Restaurant with drivethrough based on the following analysis: Development Order Amendment (COZ and Convenience Store with Gas Sales) The pattern to develop a Convenience Store with gas sales has been established and approved in The modifications to that approval does not impact the development pattern. The Property Owner has received time extensions from the Monitoring Division until March 12, 2016 to commence development for the use. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Staff s Analysis: Staff has determined that the request is in compliance with Standard 7 based on the following analysis. ENGINEERING COMMENTS: TRAFFIC IMPACTS Total net new traffic expected from this project is 2,116 daily trips, 182 AM (92 In/91 Out) and 156 PM (79 In/78 Out) peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). A 2020 buildout date was analyzed in the traffic study. There are no improvements to the roadway system required for compliance with TPS. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Haverhill Road from Southern Boulevard to Belvedere Road Existing count: Northbound = 956 Southbound = 1073 Background growth: Northbound = 339 Southbound = 348 Project Trips: Northbound = 43 Southbound = 43 Total Traffic: Northbound = 1338 Southbound = 1464 Present laneage: 4 Lanes Assured laneage: 4 Lanes LOS D capacity: 1770 vehicles per hour Projected level of service: D or better The Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code prior to issuance of a building permit.. 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. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto or work within Haverhill Road and Wallis Road. The Property Owner shall be responsible for the median landscaping within Haverhill Road. PALM BEACH COUNTY HEALTH DEPARTMENT: This project meets all current Health Department requirements. FIRE PROTECTION: Staff has reviewed the project and has no issue with the proposed project. SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency. PARKS AND RECREATION: This is a nonresidential project, therefore Park and Recreation Department ULDC standards do not apply. CONCURRENCY: Concurrency has been approved for 3,005 sq. ft. Convenience Store with 14 fueling positions and a 1,524 sq. ft. Type I Restaurant with 30 seats. The proposed amendment complies with Article 2.F, Concurrency. ZC February 4, 2016 Page 89

13 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. Development Order Amendment (COZ and Convenience Store with Gas Sales) A site plan was approved in The Applicant states that since that time, there has been an economic recession which affected many Property Owners and developers. The original site plan was specifically approved for the development of a BP Gas Station. The economic downturn combined with the BP oil spill in 2010 had significant negative impacts on the company and the property has changed ownership since that time. The Applicant has determined that the previously approved convenience store with gas sales site plan did not meet the specific needs of the proposal thereby necessitating the request for a Development Order Amendment for the reconfiguration of the site and deletion of the car wash and addition of the Type I Restaurant with a drive-through. The site plan received a time extension to remain valid until March 12, Class A Conditional Use Type I Restaurant Although time extensions have been granted for the current approved Convenience Store with Gas Sales, the Applicant has not demonstrated changed circumstances that warrant a need to modify the Development to include the Type I Restaurant with a drive-through that would create additional impacts on the adjacent residential because of its site design. Staff believes the use should be modified so that it does not include the additional outdoor activity and noise from the speakers created by the drive-through and limit the use to indoors. CONCLUSION: Staff has evaluated the standards listed under Article 2.B. and determined that there is a balance between the need of change and the potential impacts generated by this change for the Development Order Amendment; therefore, Staff is recommending approval of the Development Order Amendment. 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 Exhibits C-2 and C-3. Staff s evaluation of the standards listed under Article 2.B.2.B for the Requested Use finds that it fails to meet Standards 2, 3, 4, 6 and 8. Staff has also determined that should the Zoning Commission recommend approval of the Conditional Use to address any of the potential impacts and incompatibility issues it should be subject to the recommended Conditions of Approval as indicated in Exhibits C-4. ZC February 4, 2016 Page 90

14 CONDITIONS OF APPROVAL Exhibit C-1 Type II Variance - Concurrent VARIANCE 1. The approved Preliminary Site Plan is dated December 10, 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) 2. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for Application No. ZV/DOA/CA (ONGOING: ZONING - Zoning) 3. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (BLDGPMT/ONGOING: BUILDING DIVISION - Zoning) 4. Hours of operation for the drive through for the Type I Restaurant shall be limited from 6:00 am to 11:00 pm daily. (ONGOING: CODE ENF - Zoning) 5. In Granting this Approval, the Zoning Commission 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: ZONING - Zoning) 6. 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; 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: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC February 4, 2016 Page 91

15 CONDITIONS OF APPROVAL Exhibit C-2 Development Order Amendment ALL PETITIONS 1. Previous ALL PETITIONS Condition 1 of Resolution R , Control No , which currently states: Development of the site is limited to the uses approved by the Board of County Commissioners. The approved preliminary site plan is dated May 25, All modifications must be approved by the Board of County Commissioners or Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRO: ZONING - Zoning) Is hereby amended to read: The approved Preliminary Site Plan is dated December 10, 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. (DRO/ONGOING: ZONING - Zoning) ENGINEERING 1. Previous ENGINEERING Condition 1 of Resolution R , Control No , which currently states: In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: A) No Building Permits for the site may be issued after August 23, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. Is hereby amended to read: In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: A) No Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING - Engineering) 2. Previous ENGINEERING Condition 2 of Resolution R , Control No , which currently states: The Property Owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for Wallis Road 30 feet from centerline. All right of way deed(s) and associated documents shall be provided and approved prior to January 1, 2009 or prior to the issuance of a Building Permit whichever shall first occur. Right of way conveyance shall be along the entire frontage and shall be free 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. The Grantor further warrants 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 Grantee harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit ZC February 4, 2016 Page 92

16 fees, Engineering or other expert witness fees including Attorney's fees as well as the actual cost of the clean up. Thoroughfare Plan Road right-of-way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate provisions for Expanded Intersection Details and Corner Clips. The Property Owner shall not record these required deeds or related documents. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. Is hereby amended to read: The Property Owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for Wallis Road 30 feet from centerline. All right of way deed(s) and associated documents shall be provided and approved prior to January 1, 2017 or prior to the issuance of a Building Permit whichever shall first occur. Right of way conveyance shall be along the entire frontage and shall be free 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. The Grantor further warrants 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 Grantee 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. Thoroughfare Plan Road right of way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate provisions for Expanded Intersection Details and Corner Clips. The Property Owner shall not record these required deeds or related documents. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT/DATE: MONITORING - Engineering) 3. Prior to issuance of a building permit, the Property Owner shall provide a temporary roadway construction easement along Wallis Road to Palm Beach County. Construction by the Property Owner within this easement shall conform to all Palm Beach County Standards and Codes. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering) (Previous ENGINEERING Condition 3 of Resolution R , Control No ) 4. Landscape Within the Median of Haverhill Road A. The Property Owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Haverhill Road. This landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by Property Owner shall be perpetually maintained by the Property Owner, his successors and assigns, without recourse to Palm Beach County, unless the Property Owner provides payment for maintenance as set forth in Paragraph D below. (ONGOING: MONITORING - Engineering) B. The necessary permit(s) for this landscaping and irrigation shall be applied for prior to the issuance of the first building permit. (BLDGPMT: MONITORING - Engineering) C. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (BLDGPMT/CO: MONITORING - Engineering) D. At Property Owner's option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the Property Owner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the Property Owner. The Property Owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the Property Owner. (ONGOING: MONITORING - Engineering) ZC February 4, 2016 Page 93

17 E. Alternately, at the option of the Property Owner, and prior to the issuance of a Building Permit, the Property Owner may make a contribution to the County's Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County's installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project's front footage along Haverhill Road. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (BLDGPMT/ONGOING: MONITORING - Engineering) (Previous ENGINEERING Condition 4 of Resolution R , Control No ) 5. The Property Owner shall extend the concrete median within Haverhill Road from Homewood Drive to Wallis Road subject to final approval of the County Engineer. A. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the Property Owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. B. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDGPMT: MONITORING - Engineering) C. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) (Previous ENGINEERING Condition 5 of Resolution R , Control No ) 6. Prior to issuance of the first building permit, the Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) LANDSCAPE - GENERAL 1. Prior to the final approval by the Development Review Officer (DRO), the property owner shall submit a Landscape Plan and/or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan shall be prepared in compliance with all landscape related conditions of approval as contained herein. (DRO: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 1 of Resolution R , Control No ) 2. Previous LANDSCAPE - STANDARD Condition 2 of Resolution R , Control No , which currently states: A minimum of sixty-five (65%) percent of canopy trees to be planted in the landscape buffers shall be native and meet the following minimum standards at installation: a. tree height: fourteen (14) feet; b. trunk diameter: three and one-half (3.5) inches measured at four and one-half (4.5) feet above grade; c. canopy diameter: seven (7) feet - diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and, d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (BLDG PERMIT: LANDSCAPE - Zoning) Is hereby amended to read: A minimum of sixty-five (65%) percent of canopy trees to be planted in the landscape buffers shall be native and meet the following minimum standards at installation: a. tree height: fourteen (14) feet; b. credit may be given for existing or relocated trees provided they meet ULDC requirements. (BLDGPMT: ZONING - Zoning) 3. A group of three (3) or more palms may not supersede the requirement for a canopy tree in that location, unless specified herein. (BLDGPMT: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 4 of Resolution R , Control No ) 4. Field adjustment of berm and plant material locations may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and ZC February 4, 2016 Page 94

18 existing vegetation. (BLDGPMT: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 5 of Resolution R , Control No ) 5. Previous LANDSCAPE - STANDARD Condition 6 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the plans shall be amended to indicate special planting treatment in the following locations: 1) On the northeast, northwest and southeast corners of the site. Planting shall consist of the following: a. a minimum of three (3) Royal Palms, or other specimen palm that is acceptable to the Landscape Section. Palm height shall be a minimum of twenty (20) feet with a minimum of eight (8) feet of greywood; and, b. a minimum of three (3) Roebellini palms to be installed at the northeast corner of the site. (DRO: LANDSCAPE - Zoning) Is hereby amended to read: Prior to Final Approval by the Development Review Officer (DRO), the plans shall be amended to indicate special planting treatment in the following locations: 1) On the northwest and southeast corners of the site. Planting shall consist of the following: a. a minimum of three (3) Royal Palms, or other specimen palm that is acceptable to the Landscape Section. (DRO: ZONING - Zoning) 6. Previous LANDSCAPE - STANDARD Condition 7 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the plans shall be amended to indicate the code required Compatibility buffer on the south, east and west property lines abutting the lift station parcel. Hedge materials shall be three (3) foot in height at installation, and shall be perpetually maintained at six (6) feet in height. (DRO: ZONING - Zoning) Is hereby deleted. [REASON: Other conditions apply to these areas and a Variance is granted for some easement overlap in these locations.] 7. Previous LANDSCAPE - STANDARD Condition 8 of Resolution R , Control No , which currently states: An architectural focal point (fountain) shall be provided at the intersection of Haverhill Road and Wallis Road. The architectural focal points shall be subject to review and approval by the Architectural Review Section and reflected on the Regulating Plan prior to final approval by the Development Review Officer (DRO). (DRO: LANDSCAPE - Zoning) Is hereby amended to read: Special planting treatment shall be provided at the intersection of Haverhill Road and Wallis Road. Planting shall consist of the following: a. a minimum of three (3) specimen palm; (Bismarck, Canary, Royal, Phoenix, or other species that is acceptable to the Landscape Section) b. a minimum of five (5) flowering trees; and, c. appropriate shrub or hedge materials and ground cover. (BLDG PERMIT: ZONING - Zoning 8. All palms required to be planted on the property by this approval shall meet the following minimum standards at installation: a. palm heights:twelve (12) feet clear trunk; b. clusters:staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they meet current ULDC requirements. (BLDGPMT: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 3 of Resolution R , Control No ) ZC February 4, 2016 Page 95

19 LANDSCAPE - PERIMETER-LANDSCAPING- ALONG THE SOUTH AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL PARCELS) 9. In addition to code requirements, landscaping along the south and west property lines shall be upgraded to include: a. a continuous two (2) foot high berm; b. a six (6) foot high opaque concrete block wall. Wall shall be placed on the plateau of the berm. Both sides of the wall shall be given a finished architectural treatment that is consistent with the color and style of the principal structure; and, c. one (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDGPMT: ZONING - Zoning) (Previous LANDSCAPE - PERIMETER Condition 9 of Resolution R , Control No ) LIGHTING 1. Previous LIGHTING Condition 1 of Resolution R , Control No , which currently states: All outdoor, freestanding lighting fixtures shall not exceed twenty-five (25) feet in height measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning) Is hereby amended to read: All outdoor, freestanding lighting fixtures shall not exceed twenty-five (25) feet in height measured from finished grade to highest point, and shall not exceed 20 feet in height within 100 feet of the west and south property lines (adjacent to residential). (BLDGPMT: BUILDING DIVISION - Zoning) 2. Previous LIGHTING Condition 2 of Resolution R , Control No , which currently states: All outdoor, freestanding lighting fixtures be setback a minimum of fifty(50) feet from the south property line. (BLDG PERMIT: BLDG - Zoning) Is hereby amended to read: All outdoor, freestanding lighting fixtures shall be setback a minimum of fifty (50) feet from the south and west property lines. (BLDGPMT: BUILDING DIVISION - Zoning) 3. The lighting conditions above shall not apply to proposed low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF - Zoning) (Previous LIGHTING Condition 3 of Resolution R , Control No ) SIGNS 1. Freestanding signs fronting on Haverhill Road shall be limited as follows: a. maximum sign height, measured from finished grade to highest point - ten (10) feet; b. maximum sign face area per side - sixty (60) square feet; c. maximum number of signs - one (1); and, d. style - monument style only. (BLDGPMT: BUILDING DIVISION - Zoning) (Previous SIGNS Condition 1 of Resolution R , Control No ) 2. Freestanding signs fronting on Wallis Road be limited as follows: a. maximum sign height, measured from finished grade to highest point - ten (10) feet; b. maximum sign face area per side - sixty (60) square feet; c. maximum number of signs - one (1); and, d. style - monument style only. (ONGOING: ZONING - Zoning) SITE DESIGN 1. Previous SITE DESIGN Condition 1 of Resolution R , Control No , which currently states: ZC February 4, 2016 Page 96

20 All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within forty (40) feet of the south and east property lines and shall be confined to the areas designated on the site plan. (DRO: ZONING - Zoning) Is hereby amended to read: All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within fifty (50) feet of the south and west property lines. (DRO: ZONING - Zoning) UTILITIES 1. Previous UTILITIES Condition 1 of Resolution R , Control No , which currently states: If any relocation/modifications to the County's existing facilities are required that are aq direct or indirect result of the development, the developer shall pay for the complete design and construction costs associated with these relocations/modifications. (Utilities-ONGOING) (ONGOING: PBC WATER UTILITIES - PBC Water Utilities) Is hereby deleted. [REASON: The condition does not longer apply.] 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: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC February 4, 2016 Page 97

21 CONDITIONS OF APPROVAL Exhibit C-3 Development Order Amendment (Convenience Store with Gas Sales) ALL PETITIONS 1. Previous ALL PETITIONS Condition 1 of Resolution R , Control No , which currently states: Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved preliminary site is dated May 25, All modifications must be approved by the Board of County Commissioners or Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRO: ZONING - Zoning) Is hereby amended to read: The approved Preliminary Site Plan is dated December 10, Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. Previous ARCHITECTURAL REVIEW Condition 1 of Resolution R , Control No , which currently states: At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the convenience store, canopy, and retail building shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) Is hereby amended to read: At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Convenience Store with Gas Sales Canopy and Type I Restaurant 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 September 28, 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 canopies 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. a pitched roof with a minimum slope of 5:12. No flat roof shall be permitted; c. the clearance of the canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy; d. lighting for the gas station canopy shall be flush mounted or recessed; and, e. canopy signage shall be limited to a maximum of one (1) sign on the east and side of the canopy only. (DRO: ZONING - Zoning) (Previous ARCHITECTURAL REVIEW Condition 2 of Resolution R , Control No ) 3. Previous ARCHITECTURAL REVIEW Condition 3 of Resolution R , Control No , which currently states: The maximum height for the convenience store and retail structure including air conditioning, mechanical equipment and satellite dishes shall not exceed twenty-six (26) feet. All heights shall be measured from finished grade to highest point. (DRO: ARCH REVIEW - Zoning) ZC February 4, 2016 Page 98

22 Is hereby amended to read: The maximum height for the structures including air conditioning, mechanical equipment and satellite dishes shall not exceed twenty-six (26) feet. All heights shall be measured from finished grade to highest point. (DRO: ZONING - Zoning) HEALTH 1. Previous HEALTH Condition 1 of Resolution R , Control No , which currently states: Prior to the issuance of the certificate of occupancy, the property owner shall install the Healy Phase II EVR system with back-end clean air separator combined with a veeder Root diagnostic system as outlined in the February 23, 2007 agreement letter submitted to the Palm Beach County Health Department. (CO: HEALTH DEPARTMENT - Building Division) Is hereby deleted. [REASON: Code Requirement] SITE DESIGN 1. A drive-through window shall not be permitted for the Type I Restaurant. (ONGOING: ZONING - Zoning) USE LIMITATIONS - CONVENIENCE STORE-CONVENIENCE STORE WITH GAS SALES-AIR AND WATER 1. CONVENIENCE STORE WITH GAS SALES-AIR AND WATER Prior to final approval by the Development Review Officer (DRO), the site plan shall be amended to indicate facilities for the provision of free air and water for customer convenience. (DRO: ZONING - Zoning) (Previous ARCHITECTURAL REVIEW Condition 4 of Resolution R , Control No ) USE LIMITATIONS - CONVENIENCE STORE-WITH GAS SALES 2. Previous ARCHITECTURAL REVIEW Condition 5 of Resolution R , Control No , which currently states: Prior to the issuance of a Certificate of Occupancy (CO) for the Convenience Store with Gas sales, the facility shall be equipped with a generator that complies with the following requirements: a. operates essential electrical systems, including A/C systems, for a minimum of thirty percent (30%) of the gross interior floor area of the building; b. an above ground fuel storage system, or an alternative fuel storage system that is acceptable to Palm Beach County, with a minimum capacity that is acceptable to the Building Division shall be located adjacent to the generator; c. setback in accordance with the Property Development Regulations for a (Recreation or Civic) Pod in accordance with ULDC Table 3.E.2.D-16; d. screened from view on all sides by an opaque barrier constructed of compatible materials, color and character as the building or equivalent landscaping; e. subject to review and approval by the Building Division; and, f. deviation from these requirements and/or required building size shall be permitted if consistent with future ULDC regulations (CO: MONITORING - Zoning) (CO: MONITORING - Zoning) Is hereby deleted. [REASON: No longer a requirement - only for PUD Club Houses, Type II and III CLF, and Nursing Homes.] USE LIMITATIONS 3. The storage of rental trucks/trailers or outside vendors shall not be permitted on the property. (ONGOING: CODE ENF - Zoning) (Previous USE LIMITATIONS Condition 1 of Resolution R , Control No ) ZC February 4, 2016 Page 99

23 4. Previous USE LIMITATIONS Condition 2 of Resolution R , Control No , which currently states: Prior to final site plan approval the site plan shall be modified to indicate the total number of gasoline pumps limited to a maximum of eight (8) pumps/ sixteen 16 fueling positions. No further expansion is permitted except subject to BCC approval. (DRO: ZONING - Zoning) Is hereby amended to read: Prior to final site plan approval the site plan shall be modified to indicate the total number of gasoline pumps limited to a maximum of seven (7) pumps/ fourteen 14 fueling positions. No further expansion is permitted except subject to BCC approval. (DRO: ZONING - Zoning) USE LIMITATIONS 5. Previous USE LIMITATIONS Condition 3 of Resolution R , Control No , which currently states: Hours of operations for the car wash shall be limited from 6 a.m. to 11 p.m. daily. Is hereby amended to read: Hours of operation for the Type I Restaurant drive through shall be limited from 6:00 am to 11:00 pm daily. (ONGOING: CODE ENF - 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: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC February 4, 2016 Page 100

24 CONDITIONS OF APPROVAL Exhibit C-4 Conditional Use Class A (Type I Restaurant) ALL PETITIONS 1. The approved Preliminary Site Plan is dated December 10, 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) SITE DESIGN 1. A drive-through window shall not be permitted for the Convenience Store or Type I Restaurant. (ONGOING: ZONING - Zoning) LANDSCAPE PERIMETER: ALONG THE SOUTH AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL PARCELS) 1. In addition to code requirements, landscaping along the south and west property lines shall be upgraded to include: a. one (1) additional pine for each for each thirty (30) linear feet of the property line to be installed to maximize screening of the drive through window, subject to approval of the Landscape Division. All pines required to be planted on the property shall meet the following minimum standards at installation: b. pines shall be planted in clusters of five (5) to seven (7) pines. Pine height shall be a minimum of twelve (12) feet to sixteen (16) feet at installation; and, c. credit may be given for existing pines provided they meet current Unified Land Development Code requirements. (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: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC February 4, 2016 Page 101

25 Figure 1 - Land Use Map ZC February 4, 2016 Page 102

26 Figure 2 - Zoning Map ZC February 4, 2016 Page 103

27 Figure 3 Aerial ZC February 4, 2016 Page 104

28 Figure 4 - Preliminary Site Plan- Dated December 10, 2015 ZC February 4, 2016 Page 105

29 Figure 5- Preliminary Regulating Plan dated December 10, 2015 ZC February 4, 2016 Page 106

30 Figure 6- Preliminary Master Sign Plan dated September 28, 2015 ZC February 4, 2016 Page 107

31 Figure 6 Preliminary Architectural Elevations dated September 28, 2015: Page 1 ZC February 4, 2016 Page 108

32 Figure 6 Preliminary Architectural Elevations dated September 28, 2015: Page 2 ZC February 4, 2016 Page 109

33 Figure 6 Preliminary Architectural Elevations dated September 28, 2015: Page 3 ZC February 4, 2016 Page 110

34 Figure 7- One Mile Radius Map ZC February 4, 2016 Page 111

35 Figure 8- Approved Site Plan dated June 11, 2008 ZC February 4, 2016 Page 112

36 Exhibit D: Disclosures ZC February 4, 2016 Page 113

37 ZC February 4, 2016 Page 114

38 ZC February 4, 2016 Page 115

39 ZC February 4, 2016 Page 116

40 Exhibit E: Applicant s Justification Statement ZC February 4, 2016 Page 117

41 ZC February 4, 2016 Page 118

42 ZC February 4, 2016 Page 119

43 ZC February 4, 2016 Page 120

44 ZC February 4, 2016 Page 121

45 ZC February 4, 2016 Page 122

46 ZC February 4, 2016 Page 123