Petition No.:
Petitioner:
Agent:
Telephone No.:
Project Manager:
00-SCA 63 COM 2 (Belvedere Commerce Center)
Belvedere Commerce Center, LLC.
Robert E. Basehart, Basehart Consulting, Inc
561-833-3114
Khurshid Mohyuddin, Senior Transportation Planner
The property is located at the southeast corner of intersection of Belvedere Road and
Location:
Sansbury’s Way.
Small Scale Amendment (SCA) to change the land use on 1.38 acres (portion of a
Request:
8.56 acre parcel) from Industrial (IND) to Commercial High (CH).
PETITION SUMMARY:
The applicant is requesting a Commercial High (CH) future land use designation. The CH
designation is consistent with the proposed Multiple Use Plan Development (MUPD) zoning on the
site. The applicant wishes to develop a free standing gas station/convenience store with a car
wash. The site is currently vacant.
ISSUES SUMMARY:
The following issues were considered during review of the amendment:
1.
Under “Additional Detail & Comprehensiveness”, the applicant bases his justification
for the amendment on the locational characteristics and the fact that the site has access
available from two arterials. Staff has determined that the site has access from one
collector and one arterial but this alone does not justify a land use change to commercial.
The applicant has further addressed, throughout the application, the need for land use
balancing in the area. Staff believes that given the proximate location to industrial and major
regional civic uses in the area (Mars Music Amphitheater and South Florida Fairgrounds),
in combination with its location at a full intersection providing exposure to and access from
passing traffic in all four directions, this proposed use would reduce trip lengths in the area
and provide for a better land use mix. Thus, the applicant’s justification has merit.
2.
Demonstration of Need: The applicant has provided a market study which shows that
there is a need for additional neighborhood commercial by year 2015 to serve the needs of
the resident population and the business base within primary trade area. Staff is in
agreement with the applicant that the applicant has met the demonstration of need.
3.
Compatibility: The subject site is bordered by Industrial land use designations on three
sides and by an Institutional designation on north side. The proposed commercial use is
compatible with the surrounding nonresidential land uses.
4.
Services and Infrastructure: There are no apparent service or infrastructure concerns.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
MUNICIPAL/PUBLIC COMMENTSUMMARY: A letter (see Exhibit4) from Mr. Charles Baumann
of Breakers West was received suggesting various conditions of approval.
RECOMMENDATION:
Staff recommends approval of the amendment.
LOCAL PLANNING AGENCY (LPA) RECOMMENDATION: Motion to recommend approval,
carried 11-O at the November 17, 2000 public hearing.
ACTION BY THE BOARD OF COUNTY COMMISSIONERS: Postponed at the January 4,
February 22, and March 22, 2001 public hearings.
MOTION:
to CH.
To adopt an ordinance approving the request for a future land use change from IND
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT
SMALL SCALE AMENDMENT
Item Name:
Belvedere Commerce Center (00-SCA 63 COM 2)
Request:
IND to CH
Item Before the Board:
To hold a public hearing on a proposed amendment to the Future
Land Use Atlas (FLUA) to change the future land use designation for
1.38 acres (portion of a 8.56 acre parcel) from Industrial (IND) to
Commercial High (CH). The site is located on the southeast corner
of intersection of Belvedere Road and Sansbury’s Way.
Meeting Date:
BCC Public Hearing, April 26, 2001
Project Manager:
Khurshid Mohyuddin, Senior Transportation Planner
MOTION:
To adopt an ordinance approving the request for a future land use
change from IND to CH.
A.
Planning Recommendation: Staff recommends approval based on the findings and
conclusions presented in this report.
B.
LPA Recommendation:
Motion to recommend stars recommendation of approval
passed in a unanimous vote (11-O) at the November 17, 2000 Public Hearing. Several
Board members questioned the need to develop a free standing gas station/convenience
store in the neighborhood/community. The Board discussed the difference between a
neighborhood community uses and community commercial uses. The Board discussed
several issues relating to the overall Industrial MUPD in which the site is located, including
inter-connectivity, specific uses that would develop in the Industrial portion of the MUPD, and
timing of construction. Several Board member questioned the language regarding free
standing commercial uses within Industrial land use designations in the Comprehensive
Plan. Principal Planner Kathleen Girard stated that the intent of prohibiting free standing
commercial uses in Industrial areas was to prohibit commercial uses from stripping down
the roadway in industrial corridors. There was no public comment.
C.
BCC Adoption Action:
October 25, 2000
T:\PLANNING\AMEND\OO-sca\Sitespec\Belvedere\bcc-rpt.wpd
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
LOCATION/LAND USE MAP
00-SCA 63 COM2
BELVEDERE COMMERCE
CENTER
Size - 1 38 acres
(part of a 8 56 acre parcel)
Existing Use - Vacant
Proposed Use -Commercial
EXISTING FLU - IND
PROPOSED FLU -CH
PBC FUTURE LAND USE
DESIGNATIONS
IND - Industrial
CRilND - Commercial
Recreatlonal/lndustrial
INST- InstitutIonal & Public
Facilities
MR-5 -Medium Residential 5
U/T- Utilities
LR-2 -Low Residential 2
ROYAL PALM BEACH (RPB)
FUTURE LAND USE
DESIGNATIONS
RM - Medium Density
Multiple Famiiy Residential
J
Planning, Zoning and Building
PETITION SUMMARY
Owner . . . . . . . . . . . . . . . . . . . . . . .
Applicant . . . . . . . . . . . . . . . . . . . . .
Agent . . . . . . . . . . . . . . . . . . . . . . .
Belvedere Commerce Center, LLC.
Belvedere Commerce Center, LLC.
Robert E. Basehart, Basehart Consulting, Inc.
Parcel Size . . . . . . . . . . . . . . . . . . .
1.38 acres (portion of a 8.56 acre parcel)
Parcel Location . . . . . . . . . . . . . . . .
southeast corner of intersection of Belvedere Road and
Sansbury’s Way
Parcel Access . . . . . . . . . . . . . . . . .
Belvedere Road, Sansbury’s Way
Parcel Control Number . . . . . . . . . .
00-42-43-27-05-007-0040
Tier Designation . . . . . . . . . . . . . . .
Existing Land Use . . . . . . . . . . . . .
Urban/Suburban
Vacant
Current FLU Designation . . . . . . . .
Current Zoning District . . . . . . . . . .
Current Development Potential . . .
Industrial (IND)
Agricultural Residential (AR)
Industrial uses: 27,051 sf. (.45 FAR)
Proposed FLU Designation . . . . . .
Proposed Zoning District . . . . . . . .
Proposed Development Potential . .
Commercial High (CH)
Multiple Use Plan Development (MUPD)
Commercial uses: 30,056 sf. (-50 FAR)
Water/Sewer Service . . . . . . . . . . .
Palm Beach County Water Utilities
Annexation Area . . . . . . . . . . . . . . .
Town of Haverhill, City of West Palm Beach
Overlay/Neighborhood Plan . . . . . .
Amendment History . . . . . . . . . . . .
Commission District . . . . . . . . . . . .
None
None
Commissioner Masilotti, District 6
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
I.
A.
SUMMARY REPORT
BACKGROUND
This site is located in the central portion of the county, within an established industrial corridor along
Belvedere Road. The subject propertywasoriginallydesignated as Industrial (IND) under the 1980
Comprehensive Plan. The Applicant is requesting to change the future land use designation for 1.38
acres (portion of a 8.56 acre parcel) from Industrial (IND) to Commercial High (CH) in order to
develop a free standing gas station/convenience store with a carwash which is prohibited under the
current IND designation. The future land uses surrounding the subject property include Industrial
on the three sides and Institutional on the north side, which is slated for a County park. All of the
adjacent industrial land is vacant. Beyond the parent tract, to the south is the West Palm Auto
Auction; and to the east is a contractor’s storage yard used for warehousing and distribution of
construction equipment and supplies. On the northwest corner of the intersection of Belvedere
Road and Sansbury’s Way, across from the site, is the Breakers West development.
Recently, a Super Wal-mart was approved by Village of Royal Palm Beach on the southeast corner
of the intersection of State Road 7 and Belvedere Road (approximately one mile west of the subject
site). A Hess gas station currently exists on the southwest corner of the intersection of Belvedere
Road and Benoist Farms Road (approximately 0.625 mile east of the subject property).
Sansbury’s Way is depicted as a 4 lane facility from Southern Boulevard to Belvedere Road and 2
lane facility from Belvedere Road to Okeechobee Boulevard in the adopted 2015 Roadway Network.
Sansbury’s Way is planned to be a collector facility as it will act as an extension to Lyons Road
north of the Southern Boulevard.
B.
INTENT OF THE PROPOSED AMENDMENT
The stated intent of the petition is to:
.
.
change the land use designation from IND to CH; and
obtain MUPD zoning.
Specifically, the applicant is requesting the CH future land use designation in order to develop a freestanding gas station/convenience store.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
C.
ISSUE SUMMARY
The following offers a summary of the issues and concerns regarding the proposed amendment,
followed by staff assessment. Full discussion of each of the items listed below can be found in the
Support Data and Analysis Section of this report.
Staff Assessment
Factor of Consideration
Justification Statement: The applicant bases the land
Jse change on “new issues” since the adoption of the
1989 Comprehensive Plan and “additional detail and
:omprehensiveness,” as outlined below:
I. Comprehensive Plan Text Change: A year 2000
change to the text of the Comprehensive Plan now
requires that gas station/convenience stores can
only be developed as accessory uses that serve
only the primary industrial uses (and must be
contained in the industrial building); and
2. Locational Characteristics: access for the site is
available from two arterials.
In response:
1. There was a comprehensive plan text change to clarify
the intent of when a commercial-retail use would be
allowed in an Industrial designation. This change
clarifies that commercial uses, such as those proposed
by the applicant, shall only be allowed in Industrial
when they are clearly accessory to the primary use.
This proposed amendment is coming forward because
of the text change, but the text change does not justify
a land use change to commercial on this site.
2. The applicants statements regarding the location on
two arterials is incorrect (there is one collector and one
arterial), and alone does not justify a land use change
to commercial. However, the applicant does address,
throughout the application, the need for land use
balancing in the area, and given the proximate location
to industrial and major regional civic uses in the area
(Mars Music Amphitheater and South Florida
Fairgrounds), in combination with its location at a full
intersection providing exposure to and access from
passing traffic in all four directions, this proposed use
would reduce trip lengths in the area and provide for a
better land use mix.
Thus, the applicant’s justification has merit.
Demonstration of Need: A demonstration of need is
-equired for a land use amendment. The applicant
orovided a market study to demonstrate a need.
The market study shows that there is a need for additional
neighborhood commercial by year 2015 to serve the needs
of the resident population and the business base within
primary trade area.
Urban Sprawl Rule: One of the principles of the
Comprehensive Plan is to prevent urban sprawl. State
Statutes also require that all site specific amendments
be reviewed against the 13 indicators of urban sprawl.
This proposal does not meet any of the indicators of
sprawl, and therefore, is not considered as such.
Compatibility: The subject site is bordered by The proposed commercial use is compatible with the
Industrial land use designations on three sides and by surrounding nonresidential land uses.
an Institutional designation on north side.
Conformance with the ULDC: The applicant is
pursuing concurrent MUPD zoning district.
The petition has been certified by the Development Review
Committee (DRC). The zoning application, Petition 98028A was scheduled for the October hearing but was
postponed because of the LUAB hearing.
Services and Infrastructure: County Directives
require that adequate services and infrastructure must
be in place before development occurs.
The applicant has demonstrated that adequate services
and infrastructure will be in place before development
occurs. There are no apparent service or infrastructure
concerns.
Strip Commercial Development: FLUE Policy 2.2.e
states that the County shall not approve future land
use amendments that would result in strip commercial
development.
The proposal is located at an intersection, it is part of an
MUPD, and is not considered a strip commercial
development.
Isolated, Mid-block Commercial: FLUE Policy 1.2-k
prohibits isolated, mid block commercial
The proposal is located at an intersection and is therefore
not an isolated, mid-block commercial use.
Protection of Residential Areas: FLUE Policy 2.2.1b protects residential from incompatible land uses
The proposal will not encroach on established residential
areas.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
D.
PUBLIC AND MUNICIPAL REVIEW
1.
Intergovernmental Plan Amendment Review Committee (IPARC): Notification of this
amendment was sent to the Palm Beach County Intergovernmental Plan Amendment
Review Committee (IPARC) for review. The IPARC functions as a clearing-house for plan
amendments, of which Palm Beach County is a participating member. A formal IPARC
notice (requesting comments) was sent on October 16,200O. To date, no objections to this
amendment have been received. In addition, the subject property is located within the future
annexation area of the City of West Palm Beach and Town of Haverhill. It is located within
one mile of the Village of Royal Palm Beach. Notice of this petition was provided to the City
of West Palm Beach, Town of Haverhill, and Village of Royal Palm Beach on October 24,
2000. As of the writing of this report, the municipalities have not provided comment.
2.
Other Notice: Public notice by letter, were mailed to the owners of properties within 500’
of the perimeter of the site on October 24, 2000. In addition, Barbara Davis of Breakers
West was also notified at the same time. A letter (see Exhibit 4)from Mr. Charles Baumann
of Breakers West was received identifying various conditions of approval.
.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26,200l
BCC District 6
Page
E.
ASSESSMENT AND CONCLUSIONS
Assessment
The proposed amendment will change 1.38 acres of land (portion of a 8.56 acre parcel) from Industrial (IND)
:o Commercial High (CH). The applicant is requesting this change in order to develop a free standing gas
;tation/convenience store with a car wash, which is not permitted under the current IND designation. The
orimary concern with this amendment is the precedent that may be set for commercial in this industrial
corridor, and a concern regarding future strip commercial development. However, the County does have
oolicies which should address additional commercial requests, if they arise, away from this intersection.
In addition, this proposed use will enhance the mix of uses in the area and have a positive impact on
reducing trips lengths in the area. Furthermore, there is a demonstrated need for commercial in the area,
the proposed use is compatible with the other adjacent non-residential uses, and this site is well located to
serve the needs of the existing and future population.
4 summary of the findings and conclusions is provided below.
Factors for Consideration
Conclusion
Did the applicant provide adequate justification for the Land
Use Change?
Applicant has provided
reasonable justification
Did the applicant demonstrate a need for the use?
Yes, there is a demonstration of
need
Is the proposal Compatible with the surrounding uses?
Yes, non-residential uses
surround the subject site
Is the amendment consistent with the Comprehensive Plan,
General Policies?
...............................................................................................................................................................................
l&A Growth Directive - direct growth to the east & where
Consistent - development will use
services/facilities provided
existing services and facilities
...............................................,.......................................................................................................
FLUE 2.2.2-e, Prohibit additional commercial that would
Consistent - the proposal is not
result in Strip Commercial Development
considered a strip commercial
.......................................................................................................................................................................
FLUE 1.2-k, Isolated, Mid-block Commercial
Consistent- parcel is at an
intersection
..................................................................................................................................................................................................
FLUE 2.2.1-b, and Protection of Residential Areas from
Consistent - high intensity use
encroachment of incompatible uses.
does not encroach into a
residential community
Does the proposal contribute to Urban Sprawl Rule? (9J-5
F.A.C.)
It does not contribute to sprawl
Does the proposal meet Services and Infrastructure
requirements?
....................................................................................................................................................................................
Policy 3.5-d, Traffic/Level of Service
Consistent - meets Level Of
Service
............................................................................................................................................................................
TE Policy 1.3-g, Controlled Access to Arterials and
Consistent - commercial traffic
Collectors, Minimal Impacts to Neighborhoods
accessing on to arterial and
collector roads
.....................................................................................................................................................................
FLUE Policy 2.1 -f, Overall Impacts/site characteristics
Consistent - site characteristics/
constraints would not prohibit a
commercial use
Given thefindingsand conclusions provided above, the Planning Division supports the amendment,
and recommends approval.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
F.
ALTERNATIVE ACTIONS
The following courses of action are available to the Board:
1.
Recommendation of approval;
2.
Recommendation of approval with modifications; or
3.
Recommendation of denial.
T:\PLANNING\AMEND\OO-sca\Sitespec\Belvedere\bcc-rpt.wpd
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
II. EXHIBITS
1.
Proposed FLUA Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-1
2.
Support Dataand Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-2
A.
Consistency, ULDC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-3
B.
Consistency, County Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-5
C.
Consistency, State Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-6
D.
Compatibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-8
E.
Service Impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-9
3.
Applicant’s Justification Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E - 13
4.
Letters in Support/Opposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E - 15
5.
Traffic Study (Available to LPA and BCC upon request) . . . . . . . . . . . . . . . . . . . E - 16
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
EXHIBIT 1
Amendment No.:
00-SCA 63 COM 2 (Belvedere Commerce Center)
FLUA Page No.:
63
Amendment:
Size:
From Industrial (IND) to Commercial High (CH)
.
On the southeast comer of the intersection of Belvedere Road and Sansbury’s Way
iApproximately 1.38 acres
Property No.:
00-42-43-27-05-007-0040
Legal Description:
See attached
Conditions:
None
Location:
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
(a 1.38 acre portion of a 8.56 acre parcel)
April 26, 2001
BCC District 6
Page
EXHIBIT 2
SUPPORT DATA AND ANALYSIS
Rule 9J-5, F.S., requires a land use analysis for each plan amendment, and that land use
determinations are based upon this analysis. The analysis of the proposed Future Land Use Atlas
amendment addresses, among other items, the following factors, each of which are addressed in
detail on the following pages.
A. Consistency,
ULDC:
Justification Statement and Demonstrated Need requirements in
ULDC paragraph 5.2.D.10. Justification must be based on one or
more of the following factors:
l
l
l
l
l
l
Changed projections. Changed projections (e.g., regarding public
service needs) in the Comprehensive Plan or boundaries of the Future
Land Use Atlas Series, including but not limited to amendments that
would ensure the provision of public facilities;
Changed assumptions. Changed assumptions (e.g., regarding
demographic trends or land availability) in the Comprehensive Plan,
including but not limited to the fact that growth in the area, in terms of
the development of vacant land, new development, and the availability
of public services has altered the character such that the proposed
amendment is now reasonable and consistent with the land use
characteristics;
Data errors. Data errors, including errors in mapping, vegetative types
and natural features in the Comprehensive Plan;
New issues. New issues that have arisen since adoption of the
Comprehensive Plan;
Additional Detail or Comprehensiveness. Recognition of a need for
additional detail or comprehensiveness in the Comprehensive Plan; or
Data updates. Data updates.
B.
Consistency,
County Plans:
Palm Beach County 1989 Comprehensive Plan; and other County
Plans and Programs;
C.
Consistency,
State Statutes:
Urban Sprawl Rule, Administrative Rule 9-J5, Sections 163.3177
F.S., and the State Comprehensive Plan, Section 187.201, F.S.;
D.
Compatibility:
Adjacent and nearby land uses, both existing and planned;
E.
Service
Impacts:
Impacts of the proposed amendment on public facilities and
services.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
A.
CONSISTENCY WITH THE JUSTIFICATION/NEED REQUIREMENTS
1.
Review of the Applicant’s Justification
The petition is based on the factor of New Issues and Additional Detail and Comprehensiveness
(See Exhibit 3 for full statement).
a.
New Issues:
.
Year 2000 Comprehensive Plan change regarding free standing uses in industrial
property: The applicant states: “Historically, certain primarily retail uses such a gas
station/convenience stores and restaurants have been permitted uses in the industrial
districts (both on the FLUAand in the associated zoning districts). These uses have always
been allowed to be free standing and allowed to not only serve the industrial project in which
they are located, but the surrounding industrial and general consumer markets. However,
a year 2000 change to the text of the Comprehensive Plan now requires that these types of
uses can only be developed as accessory uses that serve only the development in which
they are located, and must be contained within a primary industrial building. However, if an
industrially designated property is large enough (50 acres or more) to be a Planned Industrial
Park Development (PIPD), such uses can be allowed as free standing buildings”.
SfaffAna/ysis/Comment: The Comprehensive Plan was amended to clarify that
commercial uses will only be permitted in Industrial land use designations when they
are accessory and subordinate to the primary industrial use. This change makes
the amendment necessary, but does not support the land use change. In fact, given
this argument, this amendment appears to do what the Comprehensive Plan change
was designed to prohibit. Thus, the applicant’sjustification based on the factor of
new issues does not have merit.
b.
Additional Detail or Comprehensiveness:
Locational Characteristics: The applicant states: “Several factors, including the location
of the subject property at the intersection of two arterial roads and its proximity to major
regional attractions, such as the Mars Music Amphitheater and the South Florida
Fairgrounds, creates a demand for the commercial use proposed as established in the
required market study. The recent changes to the Comprehensive Plan however, eliminate
the possibility of the development of the use as a free standing commercial facility in the
Industrial (IND) land use category. This new County Direction creates justification to
reclassify the property to the CH (Commercial High) FLUA designation to accommodate
appropriate commercial development.”
SfaffAna/ysis/Comment: Sansbury’s Way is depicted as a 4 lane facility from
Southern Boulevard to Belvedere Road and 2 lane facility from Belvedere Road to
Okeechobee Boulevard in the adopted 2015 Roadway Network. Sansbury’s Way
currently provides a link between Southern Boulevard and Okeechobee Boulevard
and serves the industrial area, South Florida Fairgrounds and the Mars Music
Amphitheater south of Belvedere Road. It also serves the residential area north of
Belvedere Road. Sansbury’s Way is planned to be a collector facility as it will act as
an extension to Lyons Road north of the Southern Boulevard. Belvedere Road
currently exists as a 6 lane divided arterial facility. The intersection of Belvedere
Road and Sansbury’s Way is slated to become a major intersection and commercial
uses such as gas stations/convenient stores are not present within convenient
walking distance from the industrial uses in the area except a gas station at the
intersection of Belvedere Road and Benoist Farms Road. The introduction of a
commercial use in this location will provide for a better land use balance in the area
and reduce trip lengths. The sites location, close to regional civic/entertainment
uses, and good access, does contribute to this being a good site for commercial
development. Thus the applicanf’sjusfificafion based on fhe factor of additional
detail or comprehensiveness does have merif.
2.
Review of the Applicant’s Demonstration of Need
There is a need for additional commercial in the trade area based on the following analysis. The
market study indicates that there is a need for additional neighborhood retail in the trade area by
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
2015. The site lies within MPO sector 31, and the Commercial Needs Assessment Study indicates
a need through 2015 for additional commercial in this sector.
The market study indicates that there is a total of 226,882 sq. ft. of existing defined competitive retail
space within the primary trade area. Further, it is estimated that there is an additional 125,900 sq.
ft. of potential defined competitive retail commercial space. Total existing and potential defined
competitive retail space within the primary trade area is therefore estimated at 352,782 sq. ft.
Adding the maximum retail commercial development potential of the subject site (30,056 sq. ft.)To
the inventory of existing and planned potential competitive space results in a total of 382,838 sq. ft.
The supportable retail is estimated at 401,328 sq. ft. by Year 2015.
The market study also states that “the subject site is to be developed in a manner to provide
gasoline and convenience retail services oriented to meeting the needs (i.e. demand) of the resident
population and the business base within a defined primary trade area. The immediatevicinityof the
subject site contains a number of large-scale residential communities and non-residential traffic
generators. Sansbury’s Way is a principal means of accessing the Palm Beach Auto Auction,
South Florida Fairgrounds, and Mars Amphitheater. Other sites do not offer the direct exposure to
traffic destined to these facilities. Further, the subject site lies between the residential and nonresidential markets, and as a result, is best positioned to serve both markets”.
Sfa~AnalysisKommenf: Staff have reviewed the market study provided by the applicant,
and it is apparent that there is a need for additional neighborhood commercial to serve the
needs of the population by 2015. Thus, the applicant has met the demonstration of need.
B.
CONSISTENCY WITH COUNTY PLANS AND PROGRAMS
Policies which pertain to the provision of services and/or development of the site itself are
addressed, where appropriate, in following sections of this report. Other more general policies and
growth management directives which have a relationship to the petition are addressed below.
1.
Consistency with the 1989 Comprehensive Plan
.
Introduction and Administration Element Growth Directive: encourages redirected
“growth to the East where services and facilities can be provided and encourage the
revitalization/redevelopment of the coastal communities.” (P.l-IA). Such redirection of
growth also supports the County Land Use Element lnfill Directive in the Land Use Element
which encourages “infill development in urban areas to increase efficient use of land, and
existing public facilities and services.” (P. 6-LU).
SfafiAnalysidComment: This parcel can be considered infill development, it is located
within the Urban/Suburban Tier, and services can be provided to the site. Thus, fhe
proposal is consisfenf with this directive.
.
Land Use Policy2.2.2-e: “The County shall not designate additional commercial areas on
the Future Land Use Atlas that would result in strip commercial development. Strip
commercial development is usually of narrow depth and lacks a coordinated development
plan. It has numerous curb cuts and lacks vehicular, pedestrian and transit friendly
connections to adjacent uses and transit stops, all contributing to isolated land use patterns
and inefficient traffic flow.”
Staff AnalysidCommenf:
The site is located at an intersection and is not
considered a strip commercial development. However, the proposed change will set
a precedent in the area and could result in establishment of a commercial node on
the south side of Belvedere Road.
.
Land Use Policy 1.2-k: The County shall prohibit new, isolated, mid-block commercial
development along all arterialsand collectors, unless such development is designed within
a Traditional Neighborhood Development, or is planned as a Traditional Marketplace
Development or Mixed-Use Development.
SfaffAnalysis/Comment:The proposal is at an intersection and is consistent with
this policy.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
.
Land Use Policy 2.2.1-b: Areas designated for Residential use shall be protected from
encroachment of incompatible future land uses and regulations shall be maintain to protect
residential areas from adverse impacts of adjacent land uses. Non-residential future land
uses shall be permitted only when compatible with residential areas, and when the use
furthers the Goals, Objectives, and Policies of the Plan.
SfaffAnalysis/Comment: There is a gated residential community across from the
site on the northwest corner of the intersection of Belvedere Road and Sansbury’s
Way. There is no intrusion of this use into a residential neighborhood.
2.
Consistency with Applicable Neighborhood Plans, Overlays, and Studies
There are no neighborhood plans, overlays, or studies which affect the subject parcel.
C.
CONSISTENCY WITH THE URBAN SPRAWL RULE
Florida’s Department of Community Affairs evaluates local land use amendments for consistency
with Administrative Rule 9J-5, which sets out criteria for determining when a proposed plan
amendment contributes to urban sprawl, in order to comply with Sections 163.3177 F. S., and the
State Comprehensive Plan, Section 187.201, F.S. An evaluation of each of the thirteen review
criteria is provided below.
Urban Sprawl Criteria
Staff Assessment
Sprawl
Indicated?
Criteria Related to Land Use Patterns
9J-5006.51: Promotes, allows or designates for
development substantial areas of the jurisdiction to
develop as low-intensity, low-density, or single-use
development or uses in excess of demonstrated
need.
The subject site is not considered a substantial
land area at a size of 1.38 acres. There is
additional need for neighborhood commercial in
this vicinity by year 2015.
No
9J-5.0065. 3: Promotes, allows or designates
urban development in radial, strip, isolated or ribbon
patterns generally emanating from existing urban
developments.
The subject parcel is located on the corner of a
major intersection and is nodal in nature. The
subject site is surrounded on three sides by
vacant industrial properties and on one side by
an institutional property, and is part of an
MUPD project. Based on this pattern of
development, this amendment will not promote
radial, strip, isolated or ribbon development.
No
9J-5.006.5.10:
Discourages or inhibits infill
development or the redevelopment of existing
neighborhoods and communities.
The proposal does not discourage or inhibit infill
development or redevelopment of existing
neighborhoods or communities.
No
9J-5.006.5.11: Fails to encourage an attractive and
functional mix of uses.
This amendment will have a positive impact on
the balance of land uses.
No
9J-5.006.5.12: Results in poor accessibility among
linked or related land uses.
The proposed amendment is within an urban
area located at major transportation corridors.
This proposed access and internal circulation
system can be seen on the site plan which has
been provided as part of this application and it
provides for cross access between the
proposed CH parcel and the remaining IND
parcel.
No
9J-5.006.5.13: Results in the loss of significant
amounts of functional open space.
The development of the subject site will not
eliminate any functional open space.
No
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
I[
Staff Assessment
Urban Sprawl Criteria
r
Sprawl
Indicated?
Criteria related to sites located outside or at the edge of the Urban Service Area
The proposed amendment lies within the Urban
Service Area Boundary and does not represent
leapfrog development.
No
9J-5.006.5.4: As a result of premature or poorly This is not a rural area; it is within the Urban
In addition, a
planned conversion of rural land to other uses, fails Service Area Boundary.
adequately to protect and conserve natural preservation area is required to protect the
resources, such as wetlands, floodplains, native quality native vegetation on the site.
vegetation, environmentally sensitive areas, natural
groundwater aquifer recharge areas, lakes, rivers,
shorelines, beaches, bays, estuarine systems, and
other significant natural systems.
No
9J-5.006.5.5: Fails adequately to protect adjacent
agricultural areas and activities, including
silviculture, and including active agricultural and
silvicultural activities as well as passive agricultural
activities and dormant, unique and prime farmlands
and soils.
No
Promotes, allows or designates
9J-5.00652:
significant amounts of urban development to occur
in rural areas at substantial distances from existing
urban areas while leaping over undeveloped lands
which are available and suitable for development.
The proposed amendment is located within the
Urban Service Area.
9J-5.006.5.9: Fails to provide a clear separation
between rural and urban uses.
No
Criteria Related to Public Facilities
The subject site is located in an area which is
serviced by Palm Beach County Water Utilities.
Therefore, this amendment would maximize the
use of existing and future public facilities and
services.
9J-5.006.5.6: Fails to maximize use of existing
public facilities and services.
9J-5.006.5.7: Fails to maximize use of future
public facilities and services.
9J-5.006.5.8: Allows for land use patterns or timing
which disproportionately increase the cost in time,
money and energy, of providing and maintaining
facilities and services, including roads, potable
water, sanitary sewer, stormwater management,
law enforcement, education, health care, fire and
smergency response, and general government.
The subject site is within the Urban Service
Area where urban services are planned.
Generally, the service needs of the proposal
can be met within the area.
No
No
No
Overall Assessment: As demonstrated above, the proposed amendment is not indicated as urban sprawl by any
of the review criteria. Therefore, this proposed amendment is not considered as contributing to urban sprawl in the
County.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26,200l
BCC District 6
Page
D.
COMPATIBILITY
1.
Subject Site, existing land use and zoning.
Vacant
Existing Use:
Existing Zoning:
Potential Zoning:
2.
Agricultural Residential (AR)
I
1 Multiple Use Plan Development (MUPD) (concurrent re-zoning)
Surrounding Uses, Future Land Use Designations, and Zoning Approvals
Overall, the area surrounding the site contains mostly industrial uses, with some residential on the
north side of Belvedere Road. The site is situated on a major roadway, Belvedere Road, with a
proposed park to the north and industrial uses to the remaining three side. The following table
summarizes the development which surrounds the site on all sides:
Subdivision/Use
Existing Use
FLU
Zoning
Density/Sq.ft.
North
Vacant (195.57 acres)
Undeveloped
INST
PO
proposed park
undefined SF
South
Industrial (9 acres)
Auto Auction
IND
IL
17,600 SF
East
Industrial (8.06 acres)
Warehouse/
Storage
IND
IL/SE
21,600 SF
West
Industrial (2.15 acres)
Vacant PID
IND
IGISE
42,144 SF*
*
3.
Square footage provided is based on the maximum amount which would be permitted on the vacant
approved parcel in the PID adjacent to the subject site.
Compatibility Directive, Land Use Element, page 6-LU: This directive requires that the
densities and intensities of land uses are not in conflict with those of surrounding areas,
whether incorporated or unincorporated.
SfaffAna/ysis/Comment: Compatibility is defined in Rule 9J-5.003, FAC, as a condition
in which land uses can co-exist in relative proximity to each other in a stable fashion over
time such that no use is negatively impacted directly or indirectly by the other use. The
subject site is bordered by Industrial land use designations on the three sides and
Institutional to the north. The proposed CH land use designation is for a gas
station/convenience store and a car wash and should not conflict with the industrial or the
institutional uses. Thus, the proposed FLU is consistent with this directive.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
E.
SERVICE IMPACTS
The following section examines the impacts of the proposed amendment on public facilities.
1.
Findings from the Traffic Study: The Traffic Study was prepared by Simmons and White,
Inc., West Palm Beach, Florida. The maximum traffic generation for the subject property
under the existing IND designation is 180 trips per day (tpd). The maximum generation for
the subject property under the proposed CH designation is 1853 tpd. The proposed CH
designation increases the daily traffic generation by 1673 tpd.
The traffic analysis shows that no road segments within the radius of influence of this
amendment will exceed the adopted Level of Service D in the year 2020. As a result, this
amendment is consistent with the traffic requirements of the Comprehensive Plan for land
use amendments.
2.
Traffic Impacts, Land Use Element Policy 3.5-d: “The County shall not approve a change
to the Future Land Use Atlas which results in an increase in density or intensity of
development generating additional traffic that significantly impacts any roadway segment
projected to fail to operate at the adopted level of service standard based upon the adopted
Long Range Transportation Plan.” (p. 5-LU)
SfaffAnalysisKomment: The proposed amendment would not significantly impact any
roadway segment at present, or by2020. Thus, the proposed amendment is consistent with
this policy.
3.
Access -Transportation Element Policy 1.3-g: “New access along existing arterial and
collectors shall be controlled and limited in orderto increase safety margins, trafficcapacity,
and traffic flow; shall be consistent with existing State and County standards; shall allow for
the integration of multimodal considerations, where applicable; and shall consider impacts
on adjacent neighborhoods.”
SfaffAna/ysis/Comment: Access to the site will be from Belvedere Road and Sansbury’s
Way. Since Belvedere Road in the vicinity is divided by a median, only eastbound traffic
may enter the site from the roadway. Sansbury’s Way currently is a two lane facility with
a continuous turn lane. When the Sansbury’s Way is widened to4 lane-divided facility, the
access will be only for the northbound traffic.
4.
Mass Transit Impact: The applicant indicates that the Bus Route 44 makes stops along
Belvedere Road. The nearest bus stop (Route 44) is located at the intersection of Belvedere
Road and Benoist Farms Road east of the subject site and there is a stop along Fairgrounds
Road just south of the subject site. Bus Route 44 makes routine stops at the PBlATri-Rail
and the W.P.B. Tri-Rail.
SfaffAna/ysis/Commenf: Palm Tran has no comment on the proposed amendment,
5.
Potable Water&Sanitary Sewer Impacts: The site is located within Palm Beach County
Water Utilities service area. The nearest water facility is a 16”water main in the Belvedere
Road R.O.W. (south side) adjacent to the subject site. The nearest sewer facility is a 4”
force main located in the Sansbury’s Way R.O.W. (west side) adjacent to the subject site.
Sfa~Ana/ysis/Comment: The nearest sewer facility is an 8” force main located in the
Sansbury’s Way R.O.W. (east side) adjacent to the subject site. The Palm Beach County
Water Utilities has no comment on the proposed amendment.
6.
Fire-Rescue Impact: The applicant stated that the closest station (29) is located at 10055
Belvedere Road (1.5 miles west of the subject site) with a 3 minutes response time. Due
to a response time of under five minutes, there will be no impact on fire-rescue response.
Sfaf7Ana/ysis/Comment: Palm Beach County Fire-Rescue staff stated that the property
is primarily served by Station 34 located at 231 Benoist Farms Road. The property is
approximately 1 and 3/4 mile from the station. In fiscal year 1999, the station had an
average response time of 7:07 minutes to its entire service area. Fire-Rescue staff has
indicated that the amendment of this property has little or no impact on Fire Rescue.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
7.
Environmental Impacts - Wellfield Protection: This site is not located in a wellfield
protection zone. The site is currently vacant. The Lake Worth Drainage District is the
drainage provider for the site.
SfatYAna/ysis/Comment: The Lake Worth Drainage District (LWDD) has indicated that
the drainage design of this project must be reviewed and approved by the LWDD staff prior
to any construction.
8.
Conservation Policy 2.1-d - 25% Set Aside: “The County shall require that all
developments set aside as preserve areas a minimum of 25 percent of the total upland
native plant communities on-site or 25 percent of each native plant community that occurs
on-site.” The subject site (including parent tract) has a significant amount of native
vegetation. The applicant’s Vegetation Assessment indicated that the entire 8.56 acres has
been evaluated by ERM and a “set aside” has been agreed upon.
Staff Analysis/Comment: The County’s Department of Environmental Resources
Management has stated that the site supportsenvironmentaIlysensitiveupland vegetation.
A 1 .Ol acre upland preserve is required and will be established in the southeastern quadrant
of the overall site.
9.
Parks and Recreation, School System, Library Impacts: The applicant states that the
evaluation of an impact to these services is not applicable to this amendment.
SfaffAna/ysis/Comment: Parks and Recreation Department, Library Department, and
School Board staff have no comment on the proposed amendment.
10.
Historic Resources Impacts: The applicant states that there are no historic resources
located on or adjacent to the subject site.
Staff Analysis/Comment: There will be no negative impacts on historic resources from
this amendment.
11.
Overall Impacts, Land Use Element Policy 2.1 -f: “The future land use designations, and
corresponding density and intensity assignments, shall not exceed the natural or manmade
constraints of an area, considering assessment of soil types, wetlands, flood plains, wellfield
zones, aquifer recharge areas, committed residential development, the transportation
network, and available facilities and services. Assignments shall not be made that or
underutilize the existing or planned capacities of urban services.”
SfaffAna/ysis/Comment:The subject site is not located within a wellfield protection zone.
A commercial use on this site should be served by both water and sewer lines in the area.
12.
Other Impacts - Unified Land Development Code: The amendment application indicates
that a concurrent rezoning application to MUPD is in process along with the land use
amendment.
SfafiAnalysidComment: The zoning application for the subject site, Petition 98-028A was
scheduled for the October hearing but was postponed because of the LUAB hearing. Zoning
Division staff has stated that the proposed rezoning is for 8.56 acre parcel from AR to MUPD
for the development of a commerce park, which includes a 3,000 s.f. convenience store with
gas station, 12 pumps, a 5,323 s.f. gas canopy, 660 s.f. car wash, a 5,124 s.f. tire sore, a
70,905 s.f. self service storage facility, and a 22,013 s.f. of warehouse space with 2,445 s.f.
accessory office totaling 109,448 s.f. @ 0.3 FAR. Based on this information, the proposed
zoning district (MUPD) and FAR would be consistent with the proposed FLU designation of
CH.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
Public Facilities Impacts Table
Public Facility
Demand -Existing FLU
IND (27,051 sf. Ind)
Demand - Proposed FLU
CH (30,056 sf. Comm)
Demand Change
Traffic
180 trips per day (tpd)
1,853 tpd
1,673 tpd
See Traffic
Analysis
Yes
Mass Transit
No additional
requirements
Accessibility (paved
sidewalk meeting ADA
standards) would be
required.
None
Countywide
headways of 60
min. with shorter
headways in
urban areas.
N/A
Potable Water
(Palm Beach
County Water
Utilities)
.I gal per sq. ft xl .38 x
43,560 x .45/ 1 million
= 0.0027 MGD
.I gal per sq. ft x 1.38 x
43,560 x .50/ 1 million =
0.0030 MGD
.0003 MGD
.I Gallon per
Square Feet/ Day
(for Commercial
and Industrial)
Yes
Waste Water
(Palm Beach
County Water
Utilities)
.I gal per sq. ft xl .38 x
43,560 x .45/ 1 million
= 0.0027 MGD
.I gal per sq. ft x 1.38 x
43,560 x .50/ 1 million =
0.0030 MGD
.0003 MGD
.I Gallon per
Square Feet/ Day
(for Commercial
and Industrial)
Yes
Drainage
(LWDD is
Provider)
Storm water will be detained in a dry detention area
and/or will use a exfiltration trench design. A surface
water management system will be designed and
constructed to satisfy the drainage requirements of
the South Florida Water Management District and
other regulatory agencies.
No
Twenty-five year,
three day storm
event
Yes
Solid Waste
Solid Waste Authority uses a per capita LOS
standard and does not differentiate by use.
N/A
7.13
lb/person/day
Yes
Fire/Rescue
Countywide average
response time: 7.5
min.
No
Countywide
average
response time:
7.5 min.
Yes
Wellfield
Protection
Site is in not located in a Wellfield Protection Zone.
There is significant amount of native vegetation.
A 1 .Ol acre
upland preserve
is required
N/A
NIA
Historic
Resources
No known historical resources have been found on
site.
N/A
N/A
N/A
Recreation/
Open Space
Not applicable to non-residential requests.
No
N/A
N/A
Library
Facilities
Not applicable to non-residential requests.
No
N/A
N/A
Public
Education
Not applicable to non-residential requests.
No
N/A
NIA
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
Palm Beach County
Station #34 located at
231 Benoist Farms Rd.,
approx 6 minutes away.
April 26,200l
BCC District 6
LOS Standard
Page
Meets
LOS?
EXHIBIT 3
APPLICANT’S JUSTIFICATION STATEMENT
1.
ULDC REQUIRED JUSTIFICATION STATEMENT
a)
New issues: New issues that have arisen since adoption of the Comprehensive Plan.
Response: Changes to the Comprehensive Plan adopted in early 2000 have created a new
issue for certain retail uses associated with primarily industrial developments and/or areas
where such uses are justified to serve the larger industrial area and surrounding general
consumer markets. Historically, certain primarily retail uses such a gas station/convenience
stores and restaurants have been permitted uses in the industrial districts (both on the FLUA
and in the associated zoning districts). These uses have always been allowed to be free
standing and allowed to not only serve the industrial project in which they are located, but
the surrounding industrial and general consumer markets. However, a year 2000 change
to the text of the Comprehensive Plan now requires that these types of uses can only be
developed as accessory uses that serve only the development in which they are located,
and must be contained within a primary industrial building. However, if an industrially
designated property is large enough (50 acres or more) to be a Planned Industrial Park
Development (PIPD), such uses can be allowed as free standing buildings.
At the time the above referenced modification to the Comprehensive Plan was being
adopted, the applicant was in the process of designing a development plan for an 8.5 acre
industrial project, with a free standing gasoline station/convenience store (with a carwash).
The property in question is located at the southeast corner of the intersection of Belvedere
Road and Lyons Road (Sansbury Way), which is destined to become a major arterial
intersection. While the gas station facility will clearly serve the tenants of this project, it is
ideally located to serve the surrounding industrial area, the employees and visitors to the
adjacent Palm Beach County Fairgrounds, the users of the adjacent Palm Beach Auto
Auction, the residentsof the nearby high density residential areas, the planned County park
directly across Belvedere Road and the increasing volumes of pass-by travelers using
Belvedere Road.
b)
Additional detail or comprehensiveness: Recognition of a need for additional detail or
comprehensiveness in the Comprehensive Plan.
Response: Several factors, including the location of the subject property at the intersection
of two arterial roads and its proximity to major regional attractions, such as the Mars Music
Amphitheater and the South Florida Fairgrounds, creates a demand for the commercial use
proposed as established in the required market study. The recent changes to the
Comprehensive Plan however, eliminate the possibility of the development of the use as a
free standing commercial facility in the industrial (IND) land use category. This new County
Direction creates justification to reclassify the property to the CH (Commercial High) FLUA
designation to accommodate appropriate commercial development.
Policy 2.2.2-a of the Comprehensive Plan states that the County shall apply a range of
commercial land use categories at appropriate locations and intensities to satisfy the need
for commercial space. As stated above, the required market study clearly shows a need
for this commercial space in the target area, and qualifies the subject site as an appropriate
location. The proper commercial land use category is based on a set of established criteria
in Policy 2.2.2-b. It is clear that based on this criteria, CH is the commercial category
suitable for the subject site.
As stated above, the need for additional commercial space and the conclusion that the
subject site is an appropriate location for commercial has been demonstrated in the market
study. Consideration of these factors justify the proposed amendment under Additional
Detail or Comprehensiveness.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
EXHIBIT 4
LETTERS IN SUPPORT OR OPPOSITION
! . ._ ,
<’
/
*.
9733 Spray Drive
West Palm Beach,
Florida 33411-1861
November 3,200O
Mr. Khurshid Mohyuddin, Project Manager
Palm Beach County Zoning Department
100 Australian Avenue,
West Palm Beach, Florida 33406
Reference to: OO-SCA-63-COM-2 ( Belvedere Commerce Center )
Dear Mr. Mohyuddin:
Please accept this letter as comments on the above mentioned proposed reZoning which is immediately adjacent to Breakers West at the corner of
Sansbury Way and Belvedere Road.
Our concerns are:
1/ that no commercial operation be allowed after 1l:OO p.m.
2/ that no commercial operation be allowed other than the gas station
and storage, facilities.
3/ that lighting shall be contained within the property and not give
the appearance of a small city at night.
4/ the noise levels generated by this re-zoning be within the Palm
Beach-County regulations.
5/ that landscaping shall shield the property as much as possible to
minimize the property’s commercial appearance.
6/ that the ingress and egress be such as to minimize traffic congestion at this intersection, especially during times when MARS
has scheduled evening concerts, other events or during the Palm
Beach County Fair.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page
I hope to have the opportunit$fo ‘meet, you at >rour November 17’” meeting.
i-.
With kindest regards, I remain,
/ c#
irman, Committee of
Sub-Association Pres.
Of Breakers West
cc: Ms. Barbara Davis, Vice President, Breakers West Assoc., Inc.
cc: Sub-Association Presidents ( 13 )
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26,200l
BCC District 6
Page
EXHIBIT 5
TRAFFIC STUDY
Available to the LPA and BCC upon request.
Petition: 00-SCA 63 COM 2
Name: Belvedere Commerce Center
April 26, 2001
BCC District 6
Page