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 Application Name: Autism School Control No.: Applicant: Dayna2, LLC Owners: Dayna2, LLC Agent: Cotleur & Hearing, Inc. - Kate Dewitt Cotleur & Hearing, Inc. - Don Hearing Telephone No.: (561) , (561) Project Manager: Carolina Valera, Senior Site Planner TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Residential High Density (RH) Zoning District to the Light Industrial (IL) Zoning District APPLICATION SUMMARY: Proposed is an Official Zoning Map Amendment for the Autism School development. The 1.31-acre site was originally developed in 1947 through the Building Permit review process and has not been granted approval of the School use or the prior Institutional use, the Boys and Girls Club by the Board of County Commissioner (BCC). An Administrative Variance to allow a minor expansion of the nonconforming Boys and Girls Club, was granted on July 24, The existing building has been left vacant since The proposed rezoning from Residential High (RH) to Light Industrial (IL) will allow the site s Zoning District to be consistent with the existing Industrial (IND) Future Land Use (FLU) designation of the site.the School Board of Palm Beach County approved a Charter contract for the development of an autism school on the subject site on May 5, The Applicant will be required to obtain an Administrative approval from the Zoning Division to obtain a Development Order for the School upon the approval of the rezoning by the BCC. Access to site is provided from Marine Drive and 6 th Street. SITE DATA: Location: Approximately 0.16 miles north of Belvedere Road, and on the east side of Marine Drive. Property Control Number(s) Existing Land Use Designation: Industrial (IND) Proposed Land Use Designation: No proposed change 8-0 Existing Zoning District: Multi-Family Residential (High Density) District (RH) Proposed Zoning District: Industrial Acreage: 1.31 acres Tier: Urban/Suburban (U/S) Overlay District: Westgate/Belvedere Homes Overlay; Redevelopment and Infill Overlay (RRIO), and the Urban Redevelopment Area (URA) Neighborhood Plan: N/A CCRT Area: Belvedere Homes Municipalities within 1 Mile West Palm Beach Future Annexation Area West Palm Beach RECOMMENDATION: Staff recommends approval of the request with a Conditional Overlay Zone (COZ) subject to the 4 Conditions of Approval as Indicated in Exhibit C. ACTION BY THE ZONING COMMISSION: At the September 1, 2016 ZC hearing the request was on the Consent Agenda. The Agent agreed to the Conditions of Approval. The ZC made a motion to recommend approval of the request carried by a vote of 8-0. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 1 letter from the public with no comments in favor of this application. BCC September 22, 2016 Page 28

2 PROJECT HISTORY: The existing vacant building supported the Boys and Girls Club for over 20 years prior to their relocation in The Administrative Variance granted by the Zoning Division to this organization in 1992, identified the use as Institutional, a Non-conforming use in the RH Zoning District. SURROUNDING LAND USES: NORTH: FLU Designation: Industrial (IND) Zoning District: Multi-Family Residential (High Density) District (RH) Supporting: Public and Civic (Control No. NA) SOUTH: FLU Designation: Utilities and Transportation (U/T) Zoning District: Public Ownership District (PO) Supporting: Public and Civic (PBIA Properties Rezoning, Control No ) EAST: FLU Designation: Utilities and Transportation (U/T) Zoning District: Public Ownership District (PO) Supporting: Public and Civic (PBIA Properties Rezoning, Control No ) WEST: FLU Designation: High Residential (HR-8) Zoning District: Multi-Family Residential (High Density) District (RH) Supporting: Residential (Lake Success Rentals, Control No ) and Government. FLU Designation: High Residential (HR-8) Zoning District: Multi-Family Residential (High Density) District (RH) Supporting: Public and Civic (Control No. NA) 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. o Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Intensity: The maximum Floor Area Ratio (FAR) of 0.45 is allowed for an Institutional project with the IND FLU designation in the Urban Suburban Tier (57,063.6 sq. ft. or 1.31 acres x 0.45 maximum FAR = 25,678.6 sq. ft. maximum). The request for a total of 13,745 sq. ft. equates to a FAR of approximately 0.24 (13,745 / 57,063.6 sq. ft. or 1.31 acres = 0.24). o Special Overlay District/ Neighborhood Plan/Planning Study Area: The property is located within the Revitalization, Redevelopment and Infill Overlay (RRIO), the Urban Redevelopment Area (URA), the Westgate CRA and CCRT Area #19 Belvedere Homes. A letter of support was received from the WCRA Board dated April 12, 2016 (Exhibit E). 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. BCC September 22, 2016 Page 29

3 The Applicant s request is an Official Zoning Map Amendment, to allow a rezoning from the RH Zoning District to the IL Zoning District. Their intent is to develop a Charter School that will be reviewed through a subsequent Administrative Review process and subject to applicable Supplementary Use standards of the ULDC, Article 4.B.1.A.118 for Public Elementary or Secondary Schools, and the Interlocal Agreement between Palm Beach County Government and the Palm Beach County School District, R D or the agreement in effect at the time of submittal. Though their intent is to develop a school, the rezoning will bring the site into consistency with the Future Land Use and would permit any use allowable in the IL district subject to County Regulations. o Property Development Regulations and Non-conformities: The subject 1.31-acre lot complies with the property development regulations for lot size, dept and width. The lot is required to have 100 feet of width and frontage. The lot frontage, in this case, is from 6 th Street, an ingress and egress easement. There is an existing structure and site elements on site that were permitted under a prior Code. The one story building does not meet the side setback for the IL zoning district and could be considered a non-conforming structure and site elements when the Applicant submits documentation on the Development Order for the existing structure. Staff will evaluate the site elements and structure when an application for the use is submitted. o Overlays: The Westgate CRA overlay (WCRAO) was established with the purpose and intent of encouraging development and redevelopment of the area through regulatory incentives to remove blighted conditions, enhance the County s tax base, improve living conditions, and preserve areas of low and moderate cost housing. The subject site is located within the Urban General (UG) Sub-area boundary of the WCRAO, an area intended for the redevelopment of mixed use development with more intense commercial and residential uses. The WCRA Board has reviewed the rezoning request and has determined that the request is generally consistent with the WCRA Redevelopment Plan and the WCRAO regulations of the ULDC (Exhibit E). A site plan is not required as part of this rezoning application. When the Applicant is ready to develop the property, they will consult with Staff and Code to ensure they follow the proper process to obtain approval for the use. The Conditional Overlay Zoning (COZ) authorizes specific development restrictions, including but not limited to, traffic performance standards; use limitations, etc. to proactively address potential incompatibilities with the adjacent properties. Staff recommends the rezoning be subject to a COZ to ensure the Applicant will comply with the requirements for access under Article 11. These requirements are generated from the change of Zoning District to IL, which triggers the provision of a minimum 80-foot wide pavement street design. The property development regulations and other design analyses will be further reviewed and approved through the Administrative Approval Process. 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. The subject property is mostly surrounded by land supporting Government uses. The land located north of the site is utilized for military vehicles storage by the US Federal Government. The properties located east and south of the site are utilized for vehicle storage by the Palm Brach County Airport Authority. Of the two properties that surround the subject site to the west, one supports a Multi-family residential use, whereas the other property is utilized by the US Federal Government for military offices and vehicle storage. The proposed IL zoning district is compatible as defined in the ULDC, and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. Any proposed use for the site will be evaluated at the time of application. Any potential impacts will be addressed by building setbacks, landscape and buffering in compliance with Code requirements. 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. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site was previously developed. BCC September 22, 2016 Page 30

4 WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No 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. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The proposed rezoning to the IL Zoning District will be consistent with the existing developments in the area and will bring the site into consistency with the Land Use. The proposed Zoning will result in a logical, orderly, and timely development pattern and will have no impact on the development patterns in the area. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS Property Owner has estimated the build-out of the project to be December 31, Previously approved traffic from this project was 539 trips per day, 42 trips in the PM peak hour. Additional traffic expected from this project is a decrease of 45 trips per day, and a decrease of 4 trips in the PM peak hour. However, there would an increase of 148 trips in the AM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. ADJACENT ROADWAY LEVEL OF SERVICE (AM PEAK) Traffic volumes are in vehicles per hour Segment: Belvedere Rd from Military Trail to Congress Ave Existing count: Eastbound=1281, Westbound=555 Background growth: Eastbound=464, Westbound=477 Project Trips: Eastbound=43, Westbound=46 Total Traffic: Eastbound=1788, Westbound=1078 Present laneage: 3 in each direction Assured laneage: 3 in each direction LOS D capacity: 2,680 in each direction Projected level of service: LOS D or better both directions PALM BEACH COUNTY HEALTH DEPARTMENT: This project meets all Florida Department of Health requirements. FIRE PROTECTION: Staff has reviewed the project and has no issue with the proposed application. SCHOOL IMPACTS: Analysis is not required for non-residentil applications. PARKS AND RECREATION: This is a nonresidential project, therefore Park and Recreation Department ULDC standards do not apply. 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The subject vacant site was historically developed with what equates in the present Code to a Nonprofit Institutional Assembly type use. The proposed rezoning to IL will maintain the non-residential BCC September 22, 2016 Page 31

5 use of the site prior to the relocation of the Boys and Girls Club in The site is also predominantly surrounded by land supporting non-residential type uses, except for the residential multi-family development west of the subject site. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.1.B and determined that there is a balance between the need for change and the potential impacts generated by the request for the rezoning application. Therefore, Staff is recommending approval of the request. Staff has also determined that any of the potential impacts and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C. BCC September 22, 2016 Page 32

6 CONDITIONS OF APPROVAL Exhibit C Official Zoning Map Amendment ALL PETITION 1. Prior to the issuance of a Development Order for a Use, access to the site shall be reviewed and approved in compliance with Article 11 or the Property Owner shall obtain the necessary Variances.. (DRO/ONGOING: ZONING - Land Development) 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: MONITORING - Zoning) (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: MONITORING - Zoning) (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC September 22, 2016 Page 33

7 Figure 1 Land Use Map BCC September 22, 2016 Page 34

8 Figure 2 Zoning Map BCC September 22, 2016 Page 35

9 Figure 3 Aerial BCC September 22, 2016 Page 36

10 Exhibit D Disclosures BCC September 22, 2016 Page 37

11 BCC September 22, 2016 Page 38

12 BCC September 22, 2016 Page 39

13 BCC September 22, 2016 Page 40

14 Exhibit E Approval letter from the Westgate CRA Board of Commissioners BCC September 22, 2016 Page 41