PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 11/07/2013

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 11/07/2013 APPLICATION NO. ZV SITUS ADDRESS: AGENT NAME & ADDRESS: CODE SECTION Table 7.F.9.A Incompatibility Buffer Standards REQUIRED PROPOSED VARIANCE Six-foot high wall within a Type 3 Incompatibility Buffer No wall in the portion of the Type 3 Incompatibility Buffer adjacent to the Wetland Preserve Eliminate the wall in the portion of the Type 3 Incompatibility Buffer adjacent to the Wetland Preserve Approximately 1300 feet south of Lake Worth Road between Lyons Road and Polo Road Douglas Murray Land Design South, Inc. 400 Columbia Dr. West Palm Beach, FL OWNER NAME & Lennar Homes, LLC ADDRESS: 730 NW 107th Ave., Ste. 300 Miami, FL PCN: ; -0212; -0223; -0230; -0240; 0252; -0271; -0272; ZONING DISTRICT: Planned Unit Development (PUD) BCC DISTRICT: 06 PROJECT MANAGER: Carol Glasser, Site Planner II LEGAL AD: ZV Title: Resolution approving a Type II Variance application of Lennar Homes, LLC by Land Design South, Inc., Agent. Request: to allow the elimination of the wall in a Type 3 Incompatibility Buffer General Location: Approximately 1300 feet south of Lake Worth Road between Lyons Road and Polo Road (GULFSTREAM PUD-VARIANCE) ( ) LAND USE: Low Residential (LR-2) and S/T/R: Medium Residential (MR-5) CONTROL #: LOT AREA: acres +/- LOT DIMENSIONS: Irregular CONFORMITY OF Conforming CONFORMITY OF N/A LOT: ELEMENT: TYPE OF ELEMENT: Perimeter Buffer ELEMENT SIZE: Approximately 700 feet BUILDING PERMIT #: N/A NOTICE OF N/A VIOLATION: CONSTRUCTION STATUS: Unconstructed APPLICANT To allow the elimination of the wall in the Type 3 Incompatibility Buffer. REQUEST: ZC 11/07/2013 Page 29

2 STAFF RECOMMENDATION: Staff recommends approval of the request based upon the following application of the standards enumerated in Article 2, Section 2.B.3.E of the Palm Beach County Unified Land Development Code (ULDC), subject to 6 Conditions of Approval as indicated in Exhibit C. STAFF SUMMARY: Proposed is a Type II Variance for the Gulfstream Planned Unit Development (PUD). The acre development was approved by the Board of County Commissioners (BCC) on January 24, 2013 for the development of 247 residential units. Gulfstream PUD was most recently approved by the BCC on June 24, 2013 to add 6.5 acres of land to the development as shown on the approved Master Plan and add 1 Zero Lot Line (ZLL) Home for a total of 248 units consisting of 211 ZLL Homes and 37 Multi-Family units on acres. The applicant is requesting a Type II Variance to allow the elimination of a wall within the portion of the Type 3 Incompatibility Buffer that is adjacent to a Wetland Preserve. The variance request is not applicable to the portion of the Type 3 Incompatibility Buffer that abuts agricultural (equestrian) uses. Proposed access points from Lyons Road (1) and Polo Road (1) will remain as previously approved. PROJECT HISTORY: Application No. Resolution and Request PDD R for a rezoning of a portion of the subject site from the Agricultural Residential (AR) Zoning District to the Residential PUD Zoning District. [Bernard Haas PUD] CR /E7 R to rezone the above parcel to the Residential Status Report Estate (RE) Zoning District. PDD R for a rezoning of the entire subject site and additional parcels not within the subject site from the AR and the RE Zoning Districts to the Residential PUD Zoning District. [Gulfstream Haas PUD] CR R to rezone the above parcel to the RT Zoning Status Report District for failure to post performance surety as required by a PDD PDD/DOA Condition of Approval. R to rezone the subject site from the RT Zoning District to the PUD Zoning District to allow the development of 247 dwelling units. R and R for a rezoning of 6.5 acres from the AR Zoning District to the PUD Zoning District and a Development Order Amendment to reconfigure the Master Plan, add land area, add units, and modify Conditions of Approval (Engineering) for the development of 248 dwelling units. Approval Date April 24, 2003 March 24, 2005 August 23, 2006 October 25, 2007 January 24, 2013 June 24, 2013 SURROUNDING LAND USES: NORTH: FLU Designation: Low Residential, 2 units per acre (LR-2) Zoning District: Planned Unit Development (PUD) Supporting: Single Family (Control No , Cedar Creek Ranch PUD) FLU Designation: Commercial High (CH) Zoning District: Agriculture Residential (AR) Supporting: Vacant (Per Ord , Lifestyle Commercial Center with live/work or residential) SOUTH: FLU Designation: LR-2 Zoning District: Residential Transitional Suburban District (RTS) Supporting: Place of Worship (Control No , Epiphany Luthern Church) ZC 11/07/2013 Page 30

3 FLU Designation: LR-2 Zoning District: Residential Transitional (RT) Supporting: Single Family, Agricultural (Equestrian) FLU Designation: Medium Density Residential 5 units per acre (MR-5) Zoning District: Planned Unit Development (PUD) Supporting: Vacant Agricultural (Equestrian) (Control No , Andalucia PUD) SOUTH and EAST: FLU Designation: Medium Density Residential 5 units per acre (MR-5) Zoning District: Residential Transitional (RT) Supporting: Equestrain/Polo Fields (Control No , Gulfstream Equestrian Club) WEST: FLU Designation: Low Residential 2 units per acre (LR-2) Zoning District: Planned Unit Development (PUD) Supporting: Single Family and Vacant Civic (Control No Cypress Lakes Estates) FINDINGS OF FACT: WETLAND PRESERVE AREA The south boundary of the site bisects an approximately 3.79-acre Wetland Preserve Area. Approximately 1.82 acres of wetlands lie within the site and the remaining portion of the wetlands are on two adjacent agricultural (equestrian) properties to the south. (See Variance Photos next 2 pages.) At the October 4, 2012 Zoning Commission hearing, the adjacent property owners indicated concerns of potential harm to the wetlands within their properties that may result from the development of the Gulfstream PUD. Therefore, Environmental Resources Management (ERM) recommended a Condition of Approval to preserve the portion of the wetlands lying within the Gulfstream PUD. BCC HEARING JANUARY 24, 2013 Gulfstream PUD had been postponed give the applicant additional time to address BCC concerns regarding the preservation of the wetlands. The applicant met with SFWMD and revised the application by eliminating lots in the area of the wetlands to preserve the wetlands. Staff recommended Conditions of Approval to require an Alternative Landscape Plan (ALP) to relocate the perimeter buffer from the property line, which bisected the wetlands, to the north edge of the wetlands (Figures 2, 4 and 5). However, a wall would still be required within the relocated buffer and staff had concerns that the wall could cause damage to the wetlands. Therefore, staff recommended Conditions of Approval to allow the applicant the ability to request a variance to eliminate the wall in the alternative "Wetlands Buffer." ZC 11/07/2013 Page 31

4 ZC 11/07/2013 Page 32

5 ZC 11/07/2013 Page 33

6 ANALYSIS OF ARTICLE 2, SECTION 2.B.3.E 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: V1 YES: The south boundary of the site bisects an approximately 3.79-acre Wetland Preserve Area. Approximately 1.82 acres of wetlands lie within the site and the remaining portion of the wetlands are on two adjacent agricultural (equestrian) properties to the south. Conditions of Approval require the property owner to preserve the portion of the wetlands within the site and also allow the property owner to relocate the Type 3 Incompatibility Buffer from the boundary of the site to the north edge of the wetlands via an ALP to preserve the trees. The Condition of Approval cannot condition less than minimum Code requirements. The Code requires the buffer to include a 6-ft. high wall unless a Type II Variance from the required wall is obtained. 2. Special circumstances and conditions do not result from the actions of the applicant: V1 YES: The special circumstance that boundaries of three properties meet in the middle of the wetland area is not a result of the applicant's actions. Initially, the applicant proposed to mitigate the portion of the wetlands located within the site. However, at the October 4, 2012 Zoning Commission hearing, the adjacent property owners indicated concerns of potential harm to the portion of the wetlands located within their properties as a result of any mitigation. 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: V1 YES: No special priviledge is conferred. The applicant has supported the peculiar circumstance to preserve the wetlands consistent with SFWMD and ACOE permit requirements. 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: V1 YES: The wall would unnecessarily hinder the applicant's ability to preserve the wetlands pursuant to the Environmental Condition of Approval and SFWMD and ACOE permit requirements. The applicant is also required by Condition of Approval Engineering 9 to design the stormwater management system to address any historical drainage from offsite parcels, which includes the stormwater flowing into the wetlands from adjacent properties. 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: V1 YES: The applicant has requested the minimum variance needed to provide the appropriate 25-ft. wide buffer between the wetlands and the developed portions of the PUD. The applicant must provide the wall in the portion of the Type 3 Incompatibility Buffer that abuts the agricultural (equestrian) uses. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: ZC 11/07/2013 Page 34

7 V1 YES: Grant of the variance will be consistent 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: V1 YES: The variance request to allow the elimination of the required wall is not applicable to the portion of the Type 3 Incompatibility Buffer that abuts the agricultural (equestrian) uses. ZC 11/07/2013 Page 35

8 ZONING COMMISSION CONDITIONS EXHIBIT C Type II Variance - Standalone VARIANCE 1. This Variance is approved based on the layout as shown on the Variance Exhibit dated September 23, Only minor modifications by Board of County Commissioners or Development Review Officer shall be permitted provided the changes are consistent with this Preliminary Master Plan. (ONGOING: CODE ENF - Zoning) 2. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for PDD/DOA (ONGOING: MONITORING - Zoning) 3. 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: MONITORING - Zoning) 4. 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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC 11/07/2013 Page 36

9 Figure 1 Aerial ZC 11/07/2013 Page 37

10 Figure 2 Final Master Plan Variance Exhibit dated September 23, 2013 ZC 11/07/2013 Page 38

11 Figure 3 Final Regulating Plan Variance Exhibit FRP.1 dated September 23, 2013 ZC 11/07/2013 Page 39

12 Figure 4 Final Regulating Plan Variance Exhibit FRP.2 dated September 23, 2013 ZC 11/07/2013 Page 40

13 Figure 5 Alternative Landscape Plan dated August 21, 2013 ZC 11/07/2013 Page 41

14 EXHIBIT D: Disclosures ZC 11/07/2013 Page 42

15 ZC 11/07/2013 Page 43

16 ZC 11/07/2013 Page 44

17 ZC 11/07/2013 Page 45

18 ZC 11/07/2013 Page 46

19 Exhibit E: Applicant's Justification Statement dated August 21, 2013 ZC 11/07/2013 Page 47

20 ZC 11/07/2013 Page 48

21 ZC 11/07/2013 Page 49