PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · 6/3/2013 · Owners: Jiffy Lube...

Application No. ABN-2012-01836 June 24, 2013 Page 4 Control No. 1984-00066 BCC District 02 Project No. 01000-467

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No.: ABN-2012-01836 Application Name: Oil Connection Control No.: 1984-00066 Applicant: Deziel and Company Owners: Jiffy Lube International Maryland Inc Agent: Cotleur & Hearing, Inc. - Alessandria Kalfin Telephone No.: (561) 747-6336 Project Manager: Wendy Hernandez, Zoning Manager

TITLE: a Development Order Abandonment REQUEST: to abandon the Special Exception granted under R-1984-1189

APPLICATION SUMMARY: Proposed is an Expedited Application Consideration to Abandon a previously approved and implemented Special Exception for an Automotive Repair Facility. The Board of County Commissioners (BCC) approved the Special Exception on May 24, 1984.

The applicant is proposing to abandon the use so that they may replace it with a permitted use within the General Commercial Zoning District. Access to the site will remain from Frank Street. SITE DATA:

Location: Southwest corner of Okeechobee Blvd and Frank Street (Oil Connection)

Property Control Number(s) 00-43-43-29-06-000-0091

Existing Land Use Designation: Commercial High, with an underlying IND (CH/IND)

Proposed Land Use Designation: Commercial High, with an underlying IND (CH/IND)

Existing Zoning District: General Commercial District (CG)

Proposed Zoning District: CG

Acreage: 0.34 acres

Tier: Urban Suburban

Overlay District: Westgate Community Redevelopment Area Overlay (WCRAO)

Neighborhood Plan: NA

CCRT Area: Westgate Community Redevelopment Area

Municipalities within 1 Mile West Palm Beach

Future Annexation Area West Palm Beach

RECOMMENDATION: Staff recommends approval of the request. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project.

PROJECT HISTORY: On May 24 1984 the Board of County Commissioners adopted a Resolution, R-1984-1189, which approved a Special Exception, including eight Conditions of Approval for an Automotive Repair Facility. The site was developed and operated as such until its closing. The applicant submitted two requests for a Type II Variance and an Administrative Approval for a Type I Restaurant however the applications were withdrawn at the request of the applicant. SURROUNDING LAND USES: NORTH: FLU Designation: City of West Palm Beach Zoning District: City of West Palm Beach Supporting: Commercial Shopping Center- with a mix of commercial uses


SOUTH: FLU Designation: Commercial High (CH) with underlying Industrial (IND) Zoning District: Commercial General (CG) with a Special Exception for a Planned Commercial Development Supporting: Parking Area for the Multiple Commercial Uses to the East (Control 1988-00029, Palm Beach Market Place) EAST: FLU Designation: Commercial High (CH) with underlying Industrial (IND) Zoning District: Commercial General (CG) with a Special Exception for a Planned Commercial Development Supporting: Multiple Commercial Uses, including Retail, Office, and Type I and Type Il Restaurants (Control 1988-00029, Palm Beach Market Place) WEST: FLU Designation: Commercial High (CH) with underlying Industrial (IND) Zoning District: Commercial General (CG) Supporting: General Retail (Control 1981-00213, MVP Sports Salan) approved for Special Exception for the expansion of an auto service station Supporting: General Retail (Control 1976-00088, James Nemec) approved for a Special Exception for a paint and body shop FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 – 8 listed in Article 2.B.2.B of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan – The proposed use or amendment is consistent with the

purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use.

The proposed abandonment of the Special Exception for an Automotive Repair Facility does not create an inconsistency with the Plan. The applicant would be required to comply with all Plan requirements when establishing a new use. 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 proposed abandonment of the Special Exception for an Automotive Repair Facility does not create any inconsistency with the Code. The applicant would be required to comply with all Code requirements for any proposed use and its requirements for use, layout, and function when it is established. 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.

Any new use replacing this Special Exception would require the property owner to comply with the Unified Land Development Code and all Supplementary Use standards, including parking and landscaping. The site is surrounded by Commercial uses on all sides. 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 site exists with the development of a commercial building and parking. Modification of the use will require it to comply with the Code as established in Article 1 Prior Approvals. 5. Design Minimizes Environmental Impact – The proposed use and design minimizes

environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment.

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been completely developed. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. 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. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern.

The site is located within the General Commercial Zoning District. Abandonment of the Special Exception does not impact the development pattern of the area. The property owner may establish a new commercial use, subject to compliance with the Code. 7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency.

ENGINEERING COMMENTS: This application is for a request to abandon a previous approval. No changes requiring engineering approval are proposed. Further, since this is a development order abandonment and the existing use is no longer in operation, no change in traffic impacts is expected to occur. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis FIRE PROTECTION: No Staff Review Analysis SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification.

The property owner seeks to establish a new permitted use on the subject site. The prior use as the Automotive Repair Facility has ceased. They have been working with the CRA to promote redevelopment not only on this site, but the sites directly adjacent to the parcel.


Figure 1 Land Use


Figure 2 Zoning Map


Figure 3 Aerial Map


Figure 4 Approved Site Plan


Figure 5 Resolution R1984-1189 for Abandonment


Exhibit D Disclosures

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · 6/3/2013 · Owners: Jiffy Lube...

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