PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ABN/Z Application Name: PBIA Properties Rezoning Control No.: Applicant: Palm Beach County Department of Airports Owners: Palm Beach County Agent: Urban Design Kilday Studios - Collene Walter Telephone No.: (561) Project Manager: Donna Adelsperger, Site Planner I TITLE: a Development Order Abandonment REQUEST: to abandon a Special Exception for a selfservice gasoline station facility. TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Multi-family Residential (RM) and the General Commercial (CG) Zoning Districts to the Public Ownership (PO) Zoning District. APPLICATION SUMMARY: Proposed is a Development Order Abandonment and an Official Zoning Map Amendment for the Palm Beach International Airport (PBIA) properties. There are 12 parcel of land proposed for rezoning. Several of the parcels, which are currently vacant, were previously developed with residential or commercial uses; one parcel currently supports a single-family home, one currently supports an auto repair facility and one was previously developed with a self service gasoline station facility. The Applicant is requesting to abandon the Special Exception for a self-service gasoline station facility granted under Resolution R on a parcel that is located at the northeast corner of Military Trail and Country Club, and to allow the rezoning of 5.45acres of land from the Multi-family Residential (RM) and the General Commercial (CG) Zoning Districts to the Public Ownership (PO) Zoning District on. No specific uses are being proposed at this time. The properties that are the subject of this rezoning request were recently incorporated into the Airport Master Plan and are located within the Airport Overlay Zone (AZO). The rezoning to the PO Zoning District will allow the parcels to be developed in accordance with Article 3 of the ULDC with Airport Related and Non- Airport Related Uses through subsequent applications. SITE DATA: Location: 12 Parcels generally located at: northeast corner of Military Trail and Country Club; the north and southwest corners of Military Trail and Bertram Street; the southwest corner of Military Trail and Cambridge Street; the southeast corner of Jules Street and Pine Road; the northeast corner of Wallis Road and William Road; on the west side at the terminus of Sandra Lane; and approximately 370 feet south of Wallis Road on the east side of Wayne Road. Rezoning) Property Control Number(s) , , , , Existing Land Use Designation: Proposed Land Use Designation: Existing Zoning District: Proposed Zoning District: Acreage: Tier: Overlay District: (PBIA Properties Commercial High, with an underlying Utilities and Transportation (CH/UT); Utilities and Transportation with an underlying 3 (UT/3) Utilities and Transportation with an underlying 5 (UT/5); No proposed change General Commercial District (CG) and Multi-Family Residential (Medium Density) District (RM) Public Ownership District (PO) 5.45 acres Urban/Suburban PBIA Approach Path Conversation Area Overlay Revitalization and Redevelopment Infill Overlay (RRIO) Airport Zoning Overlay (AZO) ZC June 4, 2015 Page 1

2 Neighborhood Plan: CCRT Area: Municipalities within 1Mile Future Annexation Area Urban Redevelopment Area (URA) Haverhill Neighborhood Plan Wallis Street East and Henry s Military Trail Town of Haverhill Town of Haverhill and City of West Palm Beach RECOMMENDATION: Staff recommends approval of the requests subject to a Conditional Overlay Zone (COZ) and 7 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: Parcel # Application No. Request Resolution Approval Date W-325 SE Special Exception to allow a selfservice R June 29, 1978 gasoline station facility within Parcel A W-314 SE Special Exception to allow for an automotive transmission shop and automotive muffler and accessory shop within Parcel F R July 27, 1978 SURROUNDING LAND USES: Adjacent Property Land Use Designation Zoning Designation Existing Use Approved Use Control No. Resolution No. W-21 Parcel North UT RM Vacant Residential South UT PO Residential East UT PO Vacant West UT PO Vacant R W-156 Parcel North UT PO Vacant South UT PO Vacant East UT PO Vacant West UT PO Vacant W-214 & W-215 Parcels North UT PO Vacant South UT/5 RM Vacant East UT PO Vacant West UT RM Vacant W-226 Parcel North UT/5 RM Vacant South UT CH/IND PO PO Vacant Vacant East UT PO Vacant West UT RM Vacant W-302, W-303 & W-304 Parcel North UT CG/SE Auto Sales Auto, Boat, Motorcycle, and Mobile Home Sales, Rental and Repair Facility R South UT CG Vacant East UT CG Restaurant Restaurant West UT PO Vacant ZC June 4, 2015 Page 2

3 W-314 Parcel North UT CG/SE Vehicle Sales Private Utility R Services and 1765 Structures as an accessory use South UT CG Vehicle Sales Vehicle sales & a rental facility R East UT PO PBIA PBIA R West UT UT CG CG Vacant Offices Offices R W-328 Parcel North UT CG/SE Vehicle Sales Vehicle, Boat, Motorcycle, and Mobile Home Sales, Rental and Repair Facility South UT CG Vacant UT CG Offices R East UT CG Retail, Office Pawnshop R and Residential 1164 West UT PO Vacant W-325 Parcel North CH/UT RM Vacant South CH/UT PO Vacant East UT PO PBIA PBIA R West CH/IND CG Government office (FL Highway Patrol office) W-327 Parcel North CH/UT RM Office and Retail South UT RM Vacant East UT PO PBIA PBIA R West CH/IND CG Retail (Salvation Army) FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An 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 amendment is consistent with the Plan. Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, including densities and intensities of use. The subject parcels have either a Transportation and Utilities with an underlying 3 (UT/3); Transportation and Utilities with an underlying 5 (UT/5); or a Commercial High with an underlying Transportation and Utilities (CH/UT) Future Land Use Designations as indicated in the chart below. ZC June 4, 2015 Page 3

4 AIRPORT REF. NO. PARCEL NAME PCN & Address AC. CURRENT FLU W-21 Cooper ac. UT/ Wallis Road W-156 Roberts ac. UT/5 172 Pine Road W-214 Brewton ac. UT/5 W Sandra Lane W-226 Hernandez ac. UT/5 170 Wayne Road W-302 FDOT (S) ac. CH/UT W-303 W-304 No address W-314 Annie Holdings North Military Trail ac. CH/UT W-328 FDOT (N) North Military Trail W-325 Hess Morrison Field Road W-327 Brown Morrison Field Road ac. CH/UT ac. CH/UT ac. CH/UT o Pursuant to Section III, A.8., Implementation of the Future Land Use Element of the Palm Beach County Comprehensive Plan, Transportation Uses include airports and related facilities, including, but not limited to, airport and aircraft operations and maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels and offices. It further states that County owned or operated airports may include additional allowable uses, provided such uses are included in ULDC Article 3, Airport Zoning Overlay (AZO) and on the Airport Master Plans. All of the properties included in this rezoning request are included within the Airport Master Plan, as well as depicted on the Future Development Plan for PBIA and thereby consistent with the Comprehensive Plan. Furthermore, the PO Zoning District is consistent with all FLU categories. Inasmuch, the proposed rezoning to the PO Zoning District to accommodate Airport Related and Non-Airport Related Uses is consistent with the site s UT/3; UT/5; and CH/UT FLU designations and requires no amendment to the FLU Atlas Map or policies of the Comprehensive Plan. The ultimate development program for the Areas will be consistent with the purpose and intent of the U/S Tier. o Previous Land Use Amendments: The airport owned properties were the subject of previously approved County initiated Land Use Amendments in 2000, 2007 and 2014, which added the Transportation and Utilities FLU as an underlying or alternative land use designation as permitted by Comprehensive Plan Policy 2.1-e. o Intensity: The subject parcels are limited to a maximum FAR of 0.45 which equates to a maximum of 106,830 square feet of Utility and Transportation uses (5.45 acres x 0.45 = 106,830 square feet). o Special Overlay District/ Neighborhood Plan/Planning Study Area: All of the subject parcels are located within the Urban Redevelopment Area (URA) and the Redevelopment, Revitalization, Infill Overlay (RRIO). The parcels located west of Military Trail are within the Palm Beach International Airport Approach Path Conversion Area (PBIA), which has the stated purpose of ensuring that future land uses within the overlay are compatible with existing neighborhoods and the future operations of PBIA. These airport owned properties are consistent with the provisions of the overlays as the proposed rezoning would allow for the utilization of the non-residential UT designation. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. o Airport Zoning Overlay (AZO): The purpose and intent of the Airport zoning regulations is to promote the maximum safety of aircraft using publicly-owned airports, the safety of residents and property in areas surrounding the airports, and the full utility of the airports, including non-airport related uses. These regulations apply to properties around publicly owned airports in Palm Beach ZC June 4, 2015 Page 4

5 County; and uses located on the Airport Master Plans required by Plan Objective TE 1.7. At this time there are no specific uses proposed. o Off-Airport Uses: For those properties around publicly owned airports, the provisions of the Airport zoning regulations create zones, based on the approach and departure pattern of aircraft, and regulate the height of structures and the use of land within these zones. The Airport zoning regulations for properties around publicly owned airports are contained in Art. 16, Airport Regulations. o Uses on Airport Properties: The provisions of this Section shall apply to airport-related and non-airport related uses within the boundaries of the Airport Master Plans for those parcels with a U/T Land Use designation and in the PO district for the four County-operated airports identified as follows: PBIA, PBC Glades Airport, PBC Park Airport (aka Lantana Airport), and North Palm Beach County General Aviation Airport. Development of these airports shall be in accordance with the Airport Master Plans as required by Plan Objective TE 1.7, Future Airport Expansion. The ULDC has two levels of Use Regulations: o Airport-Related Uses: Airport-related uses are directly related to general airport operations and maintenance including, but not limited to, maintenance facilities, cargo distribution terminals, car rental operations, warehouses, hotels, airport administrative offices, and communication facilities, as well as uses found within the terminals, including, but not limited to, restaurants, general retail sales, and personal services. o Non-Airport Related Uses: Non-airport related uses are not related to the operation and maintenance of the airport, and can coexist in close physical proximity to airports and their related facilities. Non-airport related uses are additional uses that are encouraged by the Federal Aviation Administration (FAA) to generate income to help offset the costs of operating the airport and are compatible with surrounding development. These uses may include, but are not limited to, commercial, public and civic, recreation, agricultural, utilities and excavation, and industrial uses, but more specifically including, but not limited to, professional, business, and medical offices, retail centers, restaurants and hotels. o Prohibited Uses include adult entertainment and billboards. o Specific Use Regulations are subject to Table 3.B.2.A-1 Airport Use Regulations of the ULDC. o Urban Redevelopment Area (URA): Per the Palm Beach County Comprehensive Plan, the sites lie within the Urban/Suburban (U/S) Tier and are all within the Urban Redevelopment Area (URA). The Department of Airports opted out of the land use plan amendments approved for parcels in the PRA and, at this point, it is not envisioned that the parcels will be required to utilize the TCEA for the intensities as proposed in the traffic equivalency statement submitted with this application. Additionally, the individual Areas are within the following Overlays, Planning Areas, or Neighborhood Plans: The PBIA Approach Path Conversation Area Overlay, the Revitalization and Redevelopment Infill Overlay (RRIO) within the Wallis Street East and the Henry s Military Trail Countywide Community Revitalization Team (CCRT) areas, and the boundaries of the Haverhill Neighborhood Plan. o Conditional Overlay Zone (COZ): The Applicant is not proposing any uses at this time. Engineering Staff is recommending a COZ as part of the rezoning request to ensure that the properties are platted; that the dedication of Right-of-Way does occur for any proposed future development; that all internal Rights-of-Way are abandoned, and that local streets are not utilized for access to non-residential uses. Additionally, since PO zoned properties are exempt from some ZC June 4, 2015 Page 5

6 development regulations in the ULDC, Engineering Staff deemed it necessary to require these conditions as part of the rezoning request. The Applicant is in agreement with the recommended Engineering Conditions of Approval and the COZ with this rezoning. o Architecture/Parking/Landscape/Signs: The Applicant has not indicated any proposed site plans or architectural drawings at this time. At time of application the Applicant will have to comply with all applicable regulations for the proposed use(s). 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. PO Zoning District will allow the parcels to be developed in accordance with Article 3 of the ULDC with Airport Related and Non-Airport Related Uses through subsequent applications. The parcels are surrounded primarily by developed lands and exist within an urban area of well established development. As shown in the Surrounding Land Use Chart, the surrounding Land Use Designations are Transportation/Utilities (UT); Commercial High with underlying Industrial (CH/IND); Commercial High with underlying Transportion/Utilities (CH/UT). The surrounding existing uses are Vehicle Sales, PBIA, Office, Retail and Government Office. The proposed rezoning is compatible and consistent with the surrounding districts. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. VEGETATION PROTECTION: These properties had been previously cleared for residential uses. The majority of these parcels as well as the land area contained in the overall Airport Master Plan, were previously developed and have no significant vegetation on site. However, any future development will be required to comply with Article 14 of the ULDC at the time of approval. Therefore, no negative impacts on the natural environment are anticipated as a result of this rezoning request. WELLFIELD PROTECTION ZONE: The parcel is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No FUEL TANKS: One of the properties (W-325) had supported a gas station. The fuel tanks have been removed and the waste oil disposed of at an appropriate regulated facility. There are no remaining regulatory issues associated with this site. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The majority of the parcels were previously developed as residential, commercial, or in some cases there is no development on record. The rezoning of the areas to the PO Zoning District that is consistent with future land use designations and consistent with the adopted PBIA Airport Master Plan will not have a negative effect on the development patterns in the area. The parcels are surrounded primarily by developed lands and exist within an urban area of well established development. This Official Zoning Map Amendment does not adversely affect a logical, orderly, and timely development pattern. ZC June 4, 2015 Page 6

7 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. A Concurrency application was submitted with the original application (Z/ABN ) for rezoning to the PO Zoning District that complies with Adequate Public Facilities required by the ULDC. That rezoning application included an Equivalency application that converted the vested traffic trips, as well as the Golfview Settlement traffic trips to concurrency trips for the uses and intensities contained therein. Additionally, a drainage statement, based on an overall Master Drainage program for the properties is submitted as evidence of compliance with this portion of concurrency. TRAFFIC There is no proposed increase in intensity with the proposed rezoning as the individual properties will be incorporated into larger Parcels. Therefore, with no increase in intensity and no increase in traffic, the proposed rezoning is in compliance with Traffic Performance Standards. The Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. The Property Owner shall designate forty (40) feet from the centerline of Wallis Road as right of way through a resolution of the Board of County Commissioners. The Property Owner shall abandon all internal rights of way not required for access to out parcels. PALM BEACH COUNTY HEALTH DEPARTMENT: The application has been reviewed by the Health Department and meets the requirements at this time. Future permitting may be necessary by the Property Owner at time application dependent upon the use. FIRE PROTECTION: The application has been reviewed by the Fire Department and meets the requirements at this time. Future permitting may be necessary by the Property Owner at time application dependent upon the use. SCHOOL IMPACTS: The application has been reviewed by the School Board and meets the requirements at this time. Future permitting may be necessary by the Property Owner at time application dependent upon the use. PARKS AND RECREATION: The application has been reviewed by the Parks and Recreation Department and meets the requirements at this time. Future permitting may be necessary by the Property Owner at time application dependent upon the use. CONCURRENCY: The proposed amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards) 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The Departments of Airports has been acquiring the subject parcels over a considerable time period that now allows a development program that best utilizes the land. The consolidation of the parcels along with their incorporation into the Airport Master Plan, are a changed condition. Additionally, the creation of the Airport Zoning Overlay (AZO) use regulations in Article 3 of the ULDC, via Ordinance , is a changed circumstance in that it allows for the properties within the Airport Master Plan to propose uses as shown in Table 3.B.2.B Airport Use Regulations and follow the approval processes for development contained therein. The rezoning of these properties to the PO zoning district is the first step in that process. Therefore, these changes warrant the rezoning of the properties to the PO zoning district. CONCLUSION: Staff has evaluated the Applicant s justification and responses for Standards 1-7 of Article 2.B.1.B, and has determined that the need of the requested change balanced the potential impacts generated by the request. ZC June 4, 2015 Page 7

8 EXHIBIT C CONDITIONS OF APPROVAL Official Zoning Map Amendment ENGINEERING 1. Prior to issuance of the first building permit the Property Owner shall combine the property into single lots of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 2. Prior to the issuance of the first building permit, the Property Owner shall designate forty (40) feet from the centerline of Wallis Road as right of way through a resolution of the Board of County Commissioners, prepared by the Right of Way Acquisition Section. The resolution for this reservation shall require that Palm Beach County Department of Airports cover the expense of relocating any utilities and removing all encroachments in the reserved area at the time the right of way is required by the Engineering Department. Right of way shall be along the project's entire frontage and shall include Corner Clips. (BLDGPMT: MONITORING - Engineering) 3. Prior to the issuance of the first building permit, the Property Owner shall abandon all internal rights of way not required for access to out parcels. (BLDGPMT: MONITORING - Engineering) 4. Local streets shall not be utilized as access to lots with non-residential uses. (ONGOING: ENGINEERING - Engineering) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC June 4, 2015 Page 8

9 Figure 1 Future Land Use Map ZC June 4, 2015 Page 9

10 Figure 2 Zoning Quad ZC June 4, 2015 Page 10

11 Figure 3 Aerial ZC June 4, 2015 Page 11

12 Exhibit 4 Palm Beach International Airport Master Plan ZC June 4, 2015 Page 12

13 Figure 5 Survey s (9 pages total) page 1 of 9 Parcel W-21 ZC June 4, 2015 Page 13

14 W-156 page 2 of 9 ZC June 4, 2015 Page 14

15 W-214 and 215 page 3 of 9 ZC June 4, 2015 Page 15

16 W-226 page 4 of 9 ZC June 4, 2015 Page 16

17 W-302, 303 and 304 page 5 of 9 ZC June 4, 2015 Page 17

18 W-314 page 6 of 9 ZC June 4, 2015 Page 18

19 W-328 page 7 of 9 ZC June 4, 2015 Page 19

20 W-325 page 8 of 9 ZC June 4, 2015 Page 20

21 W- 327 page 9 of 9 ZC June 4, 2015 Page 21

22 Exhibit D Disclosure Government owned land, none required. ZC June 4, 2015 Page 22