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.: Applicant: Boynton Beach Associates XXIV, LLLP; - by Boynton Beach XXIV Corp General Partner Owners: Boynton Beach Associates XXIV, LLLP Agent: G.L. Homes - Gladys DiGirolamo Telephone No.: (954) Project Manager: Carol Glasser, Site Planner II Location: West side of SR7/US441, South of West Atlantic Avenue (Hyder Preserve) TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Agricultural Reserve-Planned Unit Development (AGR-PUD) Zoning District to the Agricultural Reserve (AGR) Zoning District. APPLICATION SUMMARY: Proposed is a rezoning of 18 acres of land from the Agricultural Reserve-Planned Unit Development (AGR-PUD) Zoning District to the Agricultural Reserve (AGR) Zoning District. This application is subject to the review and approval of a concurrent application DOA/W , which proposes to delete the subject 18-acre parcel from the Lyons West AGR- PUD. The subject site consists of a 5.49-acre parcel along the southern boundary and a acre parcel along the east boundary of the irregular-shaped acre Hyder Preserve parcel. This application is also contingent upon approval by Board of County Commissioners (BCC) of a release of Conservation Easement recorded in ORB 23125, PG 1122 for the 18 acres. Access (1) will remain from SR7/US441. ISSUES SUMMARY: o Project History On September 22, 2005, the BCC approved Resolution R to rezone 547 acres from the AGR Zoning District to the AGR-PUD Zoning District for preserve area as part of the Lyons West AGR-PUD (Control No ). The preserve area, known as the Hyder Preserve, consisted of 8 individual parcels (in whole or in part) with approximately 1.1 miles of frontage on SR7/US441. The preserve area supports Bona-Fide Agriculture uses and accessory structures. On January 8, 2009, the BCC approved Resolution R to rezone 159 acres from the AGR- PUD Zoning District to the AGR Zoning District pursuant to application PDD/DOA , which approved the exchange of preserve areas between the Hyder and Jill Preserves and between the Amestoy (Control No ) and Lyons West AGR-PUDs. The acre Hyder Preserve area is subject to a Conservation Easement recorded in ORB 23125, PG ZC November 3, 2011 Page 202

2 o Consistency with Comprehensive Plan The Planning Division has found the request consistent with the Agricultural Reserve provisions of the Palm Beach County Comprehensive Plan. See Staff Review and Analysis for additional information from the Planning Division. o Compatibility with Surrounding Land Uses NORTH, SOUTH, EAST, and WEST: FLU Designation: AGR Zoning District: AGR-PUD Supporting: Agriculture, Bona Fide, (Control No , Lyons West AGR-PUD Hyder Preserve Area) and, FLU Designation: AGR Zoning District: AGR Supporting: Agriculture, Bona Fide The subject site consists of a 5.49-acre strip of land approximately 145 feet wide located along the south side of the Lake Worth Drainage District (LWDD) L-38 canal; and, a 12.5-acre strip of land approximately 285 feet wide along the southern portion of the eastern boundary of the preserve area (Figure 4). All of the surrounding land uses are AGR. If the BCC approves concurrent application DOA/W to delete the 18 acres from the Lyons West AGR-PUD project and the Partial Release of Conservation Easement for the subject site, then the land must be rezoned to the AGR Zoning District. The AGR Zoning District is the only district consistent with the AGR land use designation. The rezoning request will not have any affect on the current agricultural uses of the land, maintaining their compatibility with surrounding agricultural uses. o Traffic No new traffic is expected from the request. See Engineering Comments for additional information. TABULAR DATA EXISTING PROPOSED Property Control Same Number(s) Land Use Designation: Agricultural Reserve (AGR) Same Zoning District: Agricultural Reserve-Planned Unit Agricultural Reserve (AGR) Development (AGR-PUD) Tier: Agricultural Reserve Same Use: Agriculture, Bona Fide Same Acreage: 18.0 acres Same Access: One (1) from SR7/US441 Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no contacts from the public regarding this project. RECOMMENDATION: Staff recommends approval of the request. MOTION: To recommend approval of an Official Zoning Map Amendment to allow a rezoning from the Agricultural Reserve-Planned Unit Development (AGR-PUD) Zoning District to the Agricultural Reserve (AGR) Zoning District. ZC November 3, 2011 Page 203

3 Figure 1 Land Use Atlas Map ZC November 3, 2011 Page 204

4 Figure 2 Zoning Quad Map ZC November 3, 2011 Page 205

5 Figure 3 Aerial ZC November 3, 2011 Page 206

6 Figure 4 Hyder Preserve Area Exhibit ZC November 3, 2011 Page 207

7 Figure 5 Approved Survey dated August 29, 2011, page 1 ZC November 3, 2011 Page 208

8 Figure 6 Approved Survey dated August 29, 2011, page 2 ZC November 3, 2011 Page 209

9 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Agricultural Reserve (AGR) TIER: The subject property is in the Agricultural Reserve Tier. FUTURE ANNEXATION AREAS: The subject site is not in any future annexation area identified in the Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality. CONSISTENCY WITH FLU PLAN DESIGNATION: The Planning Division has reviewed the request to rezone 18 acres from AGR-PUD to AGR, which is subject to the deletion of the 18 acres from the Lyons West AGR-PUD Hyder Preserve area pursuant to concurrent application DOA/W , and has found the request to be consistent with the FLU Plan designation. Concurrently, a Partial Release of Easement is requested for the 18 acres. This release will have no effect on the remaining Hyder Preserve area that is currently under a Conservation Easement recorded for the Lyons West AGR-PUD (ORB 23125, PG 1122) or on the required 60/40 acreage provisions for the Lyons West AGR-PUD. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject site is not within the boundaries of any Special Overlay District/Neighborhood Plan or Planning Study Area. FINDINGS: The request is consistent with the Agricultural Reserve provisions of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS This application is to rezone area associated with preserve parcels that is no longer tied to a development parcel. The property owner shall plat this area, if required, in accordance with Article 11 of the Unified Land Development Code. TRAFFIC IMPACTS There is no new traffic expected from the proposed project. Additional traffic is subject to review for compliance with the Traffic Performance Standard. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for this request. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is under agricultural production. 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 ZC November 3, 2011 Page 210

10 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis is needed for this request. PARKS AND RECREATION: No Staff Review Analysis is needed for this request. CONCURRENCY: Concurrency has been approved for 18 acres of Agriculture, Bona Fide. WATER/SEWER PROVIDER: Water is provided via a LWDD permit for irrigation from the canals. Sewer provider is not applicable. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Rezoning Standards: When considering a Development Order application for rezoning to a Standard Zoning District, the BCC and ZC shall consider standards 1-8 indicated below. In addition the standards indicated in section 2.B shall also be considered for rezoning to a Standard Zoning District with a Conditional Use, and rezoning to a PDD or TDD with or without a Requested Use or Waiver. An amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.1.B and provides the following assessment: 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. The Planning Division has found the request consistent with the Agricultural Reserve provisions of the Palm Beach County Comprehensive Plan. 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. If the BCC approves concurrent application DOA/W to delete the subject 18 acres from the Lyons West AGR-PUD development (Control No ) and the concurrent Partial Release of Conservation Easement, then the land must be rezoned to the AGR Zoning District. The AGR Zoning District is the only Standard Zoning District consistent with the AGR land use designation. 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 rezoning of the preserve area will have no effect on the current agricultural uses of the land, maintaining compatibility with surrounding agricultural uses and the surrounding AGR-PUDand AGR Zoning Districts. ZC November 3, 2011 Page 211

11 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. The subject site was previously cleared and is under agricultural production. The existing agricultural uses are proposed to remain. Subject to BCC approval of the concurrent Partial Release of Conservation Easement, acres remain in the Lyons West AGR-PUD Hyder Preserve area and subject to the Conservation Easement recorded in ORB 23125, PG The request to rezone will not adversely impact the natural environment. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The development pattern for the preserve area land being rezoned remains unchanged with no affect on the existing agricultural development pattern. 6. Consistency with Neighborhood Plan The proposed zoning district is consistent with applicable neighborhood plans in accordance with BCC policy. The subject site is not within any neighborhood plan area. 7. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. Concurrency has been approval for 18 acres of Agriculture, Bona Fide. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. If the BCC approves concurrent application DOA/W to delete the subject 18 acres from the Lyons West AGR-PUD development (Control No ) and the concurrent Partial Release of Conservation Easement, then the land must be rezoned to the AGR Zoning District. BCC approval of the deletion of land area from the AGR-PUD and the revision to the Conservation Easement is the changed circumstance. The AGR Zoning District is the only Standard Zoning District consistent with the AGR land use designation. Staff has evaluated the standards listed under Article 2.B.1.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this request. Therefore, staff is recommending approval of the rezoning request. ZC November 3, 2011 Page 212

12 EXHIBIT D: DISCLOSURES ZC November 3, 2011 Page 213

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