PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: Z Control No.: Petitioner: Mark A. & Susan L. Reinhold Owner: Mark A. & Susan L. Reinhold Agent: Elaine Chandler Telephone No.: (561) Project Manager: Linda Mia Franco, Planner II Location: Approx. 1,000 feet south of Church Street on the east side of Limestone Creek Road (Limestone Creek Residential). Title: Official Zoning Map Amendment. Request: Rezoning from the Residential High Density (RH) Zoning District to the Residential Single Family (RS) Zoning District. PETITION SUMMARY: Proposed is the rezoning of 1.64 acres of land from the Residential High Density (RH) Zoning District to the Residential Single Family (RS) Zoning District to allow the subdivision of 4 parcels into 8 lots of approximately.20 acres each. The existing Residential High Density (RH) zoning designation of the subject property is not consistent with the property s MR-5 Future Land Use designation. The proposed Zoning Map Amendment to the Single Family Residential (RS) Zoning District will result in a zoning designation that is consistent with the property s MR-5 Future Land Use designation. Access to 4 lots will be from Limestone Creek Road, 2 lots will have access from 2nd Street and the remaining 2 lots will have access from 1st street. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined the request is consistent with the parcel s MR-5 land use designation of the Palm Beach County Comprehensive Plan. The proposed request is consistent with policies in the Plan pertaining to the Greenways and Linked Open Space Program. The site is located within the Limestone Creek Countywide Community Revitalization Team (CCRT) neighborhood. This is an area that has been targeted for revitalization by the Office of Community Revitalization (OCR). The OCR has determined that this request is not inconsistent with recommendations established for this area. o Compatibility with Surrounding Land Uses Each of the adjacent properties to the north, south and east of the site supports residential uses. To the west are office building and storage industrial approved uses, located within the Municipal boundary of the Town of Jupiter. Staff does not anticipate any adverse impacts to surrounding properties from the request. Subject to the recommended Conditions of approval. 3

2 o Traffic The Palm Beach County Engineering Division estimates this request will generate approximately 80 trips per day. o Variance A variance to allow the existing 30-foot wide street rights-of way to be used for street access from 1st and 2nd street has been granted from the Board of Adjustments. o Conditional Overlay Zone (COZ) The petitioner has agreed to a COZ. The COZ ensures compliance of engineering conditions of approval. Which require the petitioner to comply with Traffic Performance Standards and provision of additional right-of-ways. TABULAR DATA EXISTING PROPOSED Property Control Number(s) and Same Land Use Designation: Medium Residential 5 (MR-5) Same Tier Urban/Suburban Tier Same Zoning District: Residential High Density (RH) Use: Residential Same Acreage: 1.64 acres Same Dwelling Units: Vacant 8 Density: N/A 5 units/ac Single Family Residential (RS) Access: Limestone Creek Road 4 lots will be from Limestone Creek Road, 2 lots will have access from 2 nd -Street-and-theremaining 2 lots will have access from 1st street. PUBLIC COMMENT SUMMARY: At time of publication, staff had received no correspondence from the public regarding the requests. RECOMMENDATION: Staff recommends approval of the request, subject to 7 conditions as indicated in Exhibit C. MOTION: To recommend approval of the request for a rezoning from the Residential High Density (RH) Zoning District to the Residential Single Family (RS) Zoning District with a Conditional Overlay Zone.. 4

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5 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 7

6 SURVEY LOTS 253 & 254 8

7 SURVEY LOTS 251 & 252 9

8 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Medium Residential 5 (MR-5) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to rezone the site from the Multi Family Residential, High Density, (RH) Zoning District to the Single Family Residential (RS) Zoning District. Per a Planning Division letter dated November 6, 2003, a determination was made that FLUE Policy a (17-FLUE) may be applied in developing this property. This would allow the property to be developed at the maximum density allowed under the MR-5 FLU designation since this density was deemed to be consistent with the existing development pattern around the site. Thus, using the acreage figure on the survey, the maximum units are calculated as follows: 1.64 ac x 5 du/ac = 8 units maximum (Per FLUE Policy a) 1.64 ac x 4 du/ac = 6 units maximum (standard) Therefore, the proposed request for 8 units is consistent with the density thresholds of the Comprehensive Plan. TIER: The subject property is in the Revitalization and Redevelopment Overlay of the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/ INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area, and within one mile, of the Town of Jupiter. As part of the public hearing notice process, Zoning Staff has notified the Town of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: FLUE Policy 4.3-b states, Palm Beach County shall encourage the development of positive community identification and appearance by implementing unique architectural and site design themes for different areas of the County in conjunction with development of any Community or Neighborhood Plans (FLUE-76). The site is located within the Limestone Creek Countywide Community Revitalization Team (CCRT) neighborhood. This is an area that has been targeted for revitalization by the Office of Community Revitalization (OCR). As a result, the OCR has reviewed this request for consistency with CCRT recommendations and determined that this request is not inconsistent with recommendations established for this area. The subject property is also shown on the Greenways and Linked Open Space Program Map in the Comprehensive Plan as being within a "Priority County Acquisition Site". Since this site is located within the Greenways Linked Open Space Map, it is also subject to the following policies and objectives of the Future Land Use Element (FLUE) such as Objective 2.5 (63-FLUE), FLUE Policy 2.5-a (64-FLUE), FLUE Policy 2.5-b (64-FLUE), and FLUE Policy 2.5-e (64-FLUE). Conservation Policy 5.1-b also states that "The County in concert with other jurisdictions shall continue to identify those portions of Conservation Greenways/Wildlife Corridors which should be purchased, and shall jointly continue to seek grant funds, negotiate life estates, conservation easements, transfer of development rights, land exchanges or fee simple acquisition if necessary to preserve vital portions of wildlife corridors (14-C)." Based on these policies, the County's Environmental Resource Management Division (ERM) was contacted as to the status of the site. In an correspondence, a 10

9 representative from ERM indicated that this particular site was not being considered for acquisition nor would it be required to have land set aside or have land dedicated to the County, since it is located outside of the County s acquisition horizon for the Limestone Creek Natural Area. The properties are across the street to the northwest from the Natural Area. The representative also stated that the County would not be actively seeking to acquire these properties as an addition to the Natural Area, due to their location and the inherent difficulties with managing those properties. Therefore, the proposed request is consistent with policies in the Plan pertaining to the Greenways and Linked Open Space Program. FINDINGS: The request is consistent with the parcel s MR-5 land use designation of the Palm Beach County Comprehensive Plan. The proposed request is consistent with policies in the Plan pertaining to the Greenways and Linked Open Space Program. The site is located within the Limestone Creek Countywide Community Revitalization Team (CCRT) neighborhood. This is an area that has been targeted for revitalization by the Office of Community Revitalization (OCR). The OCR has determined that this request is not inconsistent with recommendations established for this area. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 80 trips/day. TRAFFIC: Limestone Creek Road SEGMENT: 2 nd Street Church Street PRESENT: -- HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: 80 Trips/Day TOTAL: -- PRESENT CAPACITY AT LEVEL OF SERVICE "D": 14,900 PRESENT LANEAGE: 2 Lane PALM BEACH COUNTY HEALTH DEPARTMENT: WATER: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. SEWER: Sanitary sewer service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently undeveloped and contains some native vegetation. Native vegetation consists of Slash Pine, Live Oak and Cabbage Palm. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. 11

10 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. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Article 4.D (Excavation) and 14 (Environmental Standards). OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: In accordance with the adopted School Concurrency Program, an application to allow the development of eight (8) single family units has been approved (concurrency case# c). This property is located within Concurrency Service Area 1. (SAC011) This project is estimated to generate approximately two (2) public school students. The schools currently serving this project area are Limestone Creek Elementary, Jupiter Middle, and Jupiter High. The School District has determined, as a result of the minimal student generation for this project, that a bus shelter would not be required. The petitioner has been advised that school age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions may affect school boundaries. PARKS AND RECREATION: Based on the small size of the development, the developer prefers to cash out versus providing recreational amenities. CONCURRENCY: Concurrency has been approved for eight single-family dwelling units. FINDING: The request is in compliance with Article 2.F (CONCURRENCY (Adequate Public Facilities)) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 1.64-acre site with an average width of 285 feet and an average depth of 250 feet. Access to 4 lots will be from Limestone Creek Road, 2 lots will have access from 2nd Street and the remaining 2 lots will have access from 1st street. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Medium Residential 5 (MR-5) Zoning District: Residential High Density (RH) Supporting: Residential 12

11 SOUTH: Comprehensive Plan: Medium Residential 5 (MR-5) Zoning District: Residential High Density (RH) Supporting: Residential EAST: Comprehensive Plan: Zoning District: Supporting: Medium Residential 5 (MR-5) Residential High Density (RH) Residential WEST: Comprehensive Plan: Town of Jupiter Zoning District: Town of Jupiter Supporting: Office buildings & storage ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC), the Development Review Officer (DRO) shall approve a final site plan. The DRO review will assure compliance with the Board of County Commission conditions of approval, and applicable sections of the ULDC. FINDINGS: 1. Consistent with Comprehensive Plan. The proposed Zoning Map Amendment is consistent with the site s MR-5 Future Land Use designation and applicable density thresholds of the Palm Beach County Comprehensive Plan. 2. Consistent with the Code. The proposed Zoning Map Amendment is not in conflict with any portion of the ULDC, and is consistent with the stated purpose and intent of the ULDC. 3. Compatible with surrounding uses and zones. The proposed development is compatible with the existing uses, character and zones of land surrounding and in the vicinity of the subject property. The proposed zoning designation is appropriate for the subject property. 4. Changed conditions. The existing Residential High Density (RH) zoning designation of the subject property is not consistent with the property s MR-5 Future Land Use designation. The proposed Zoning Map Amendment to the Single Family Residential (RS) Zoning District will result in a zoning designation that is consistent with the property s MR-5 Future Land Use designation and will potentially allow the property to be subdivided. 5. Effect on natural environment. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development patterns. The proposed Zoning Map Amendment will have no adverse impacts on residential development patterns in the area and will result in a logical and orderly development pattern. 7. Consistency with neighborhood plan. No inconsistencies have been identified with the proposed rezoning. 8. Adequate public facilities. Concurrency has been approved for two singlefamily units. The proposed Zoning Map Amendment complies with Article 11 of the ULDC, Adequate Public Facilities. 13

12 EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report Exhibit E: Letter from Planning dated November 6,

13 EXHIBIT C CONDITIONS OF APPROVAL A. SCHOOL BOARD 1. The property owner shall post a notice of annual boundary school assignments for students from this development. A sign 11" X 17" shall be posted in a clear and visible location in all sales offices and models with the following: E. ENGINEERING "NOTICE TO PARENTS OF SCHOOL AGE CHILDREN" School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) for the most current school assignment(s). (ONGOING: SCHOOL BOARD) There are no Conditions of approval B, C, or D for this request. 1. In order to comply with the mandatory Traffic Performance Standards, the property owner shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after June 16, 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-Eng) 2. Prior to issuance of a Building Permit, the property owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) 3. Prior to issuance of a building permit, the property owner shall convey to Palm Beach County Land Development Division by warranty deed additional right of way for a 25 foot corner clip at the intersection of 2 nd Street and Limestone Creek Road and at the intersection of 1 st Street and Limestone Creek Road. This additional right of way shall be free of all encumbrances and encroachments and shall include corner clips where appropriate as determined by the County Engineer. 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. (DATE: MONITORING-Eng) 4. The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING) F. COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner 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) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: 15

14 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; 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 ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a 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 Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning) 16

15 EXHIBIT D ACCIDENT HISTORY REPORT 17

16 EXHIBIT E 18

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