Carol A. Roberts, Vice Chair Department of Planning, Zoning & Building

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1 Board of County Commissioners County Administrator Warren H. Newell, Chairman Robert Weisman Carol A. Roberts, Vice Chair Karen T. Marcus Department of Planning, Zoning & Building Mary McCarty 100 Australian Avenue Burt Aaronson West Palm Beach, FL Tony Masilotti Phone: Addie L. Greene Fax: Petition No.: CA Petitioner: Karen Padyjasek Owner: Same Agent: Kieran Kilday Telephone No.: Project Manager: Maryann Kwok, Senior Planner Location: North side of Pahokee Airport (Sky Dive America). Request: Class A Conditional Use (CA) to allow a motion picture production studio, an outdoor entertainment use, a boarding and rooming house and a campground. PETITION SUMMARY: The petitioner, Sky Dive America, initially operated out of the Pahokee Airport utilizing a Palm Beach County Extended Film Permit with 9,505 square feet of building area located on a 3 acre parcel. Sky Dive America has acquired an adjacent 2 acre parcel and is requesting four Class A conditional uses for a motion picture production studio, an outdoor entertainment use, a boarding and rooming house and a primitive campground on the overall 5 acre site. The following summarizes the existing and proposed uses: Proposed Uses Existing square feet Proposed square feet Motion Picture Production Studio 3,746 square feet Same Retail 300 square feet Same Boarding house/baths 2,548 square feet/ 523 square feet Clubhouse 576 square feet Same Hanger/rigging area 1,812 square feet Same Campgrounds 0 38 sites 2,000 square feet Total: 9,505 square feet 11,205 square feet Access to the site will remain from Airport Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The site is located within the Glades Urban Service Area boundary and the Glades Area Economic Development Overlay District (GA-O). The GA-O regulations encourage development that will provide jobs and other economic activity. Policy b in the Future Land Use (FLU) Element states, Within the GA-O, the County shall provide flexibility in the

2 range of uses and land development regulations allowed to accommodate uses which, if deemed appropriate, will increase job opportunities and improve the economic vitality of the area (38-FLU). The Planning Division indicated that these requested uses require a commercial zoning category, but could be allowed in the GA-O provided they obtained Class A conditional use approval from the Board of County Commissioners. o Surrounding Land Uses North and east of the site are single family residential use with a HR12 future land use designation. The Pahokee Airport is south of the site and west of the site is the Lake Okeechobee Levee. o Traffic The Engineering Department estimates total traffic from this project is 136 trips per day. o Board of Adjustment The petitioner requested two variances for setbacks to allow the existing studio building and an existing raised wood deck to remain. The Board of Adjustment approved these request at its March 15, 2001 hearing subject to 5 conditions. Condition 4 required the petitioner to provide a four foot high hedge along the south property line to mitigate the setback encroachment. The petitioner has requested the cost for the installation of the hedge be transferred to the Glades Beautification funds. In the event the contribution has not been made, staff would recommend the required landscaping be installed or relocate the required landscaping elsewhere on the site. See Exhibit E for B of A conditions. o Landscape/Buffering A fifteen (15) foot wide buffer will be provided along the north residential property line and the west property line (Airport Road frontage). Staff recommends the buffer along the central portion of the east property line (approximately 300 feet in length) be increased to 25 feet to provide adequate screening for the adjacent residential use. Due to the existing buildings along the south property line, there is no room for the required twenty (20) foot wide buffer. The petitioner has agreed to submit an Alternative Landscape Plan to indicate relocation of the required plant materials elsewhere on the site. A minimum five (5) foot buffer will be provided along the west property line (Lake Okeechobee Levee). o Signs Staff recommends a condition to limit the site to one monument style sign along the Airport Road frontage. Sign dimensions to be limited to six (6) feet in height and sixty (60) feet per sign face area.

3 TABULAR DATA Property Control Numbers: EXISTING/APPROVED ; 0210 Same PROPOSED Land Use Designation: High Residential 12 (HR-12) Same Zoning District: Residential High (RH) Same Use: a motion picture production studio, an outdoor entertainment use, boarding and rooming houses Same with additional 2,000 s.f. of boarding house and 38 campsites Acreage: 3.0 acres 5.0 acres Floor Area: 9,205 square feet 11,205 square feet (+2,000 s.f.) Lot Coverage: 7% ( based on 3 ac. site) 5% (based on 5 ac. site) Parking: N/A 75 spaces Access: Airport Road Same PUBLIC COMMENT SUMMARY: At time of publication, staff had received no response from the public. RECOMMENDATION: Staff recommends approval of the request, subject to 12 conditions as indicated in Exhibit C. MOTION: To recommend approval of the request for a Class A Conditional Use (CA) to allow a motion picture production studio, an outdoor entertainment use, a boarding and rooming house and a campground.

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7 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS LAND USE PLAN DESIGNATION: High Residential 12 (HR-12) Underlying Land Use: None CONSISTENCY WITH LAND USE PLAN DESIGNATION: The Planning Division has reviewed the request for a Class A Conditional Use to allow outdoor entertainment and a motion picture studio. The site is located within the Glades Urban Service Area boundary and the Glades Area Economic Development Overlay District (GA-O). The GAO regulations encourage development that will provide jobs and other economic activity. Policy b in the Future Land Use (FLU) Element states, Within the GA-O, the County shall provide flexibility in the range of uses and land development regulations allowed to accommodate uses which, if deemed appropriate, will increase job opportunities and improve the economic vitality of the area (38-FLU). In a letter dated July 1, 2000, Staff stated, Most of the requested uses require a commercial zoning category, but could be allowed provided 1) Class A conditional use approval is obtained, and 2) the Board of County Commissioners determines that the criteria established in the ULDC for these uses to be permitted within the GA-O have been met. As stated above, the BCC will be the final determinant as to whether this proposed request meets the criteria established in the ULDC for these uses to be permitted within the GA-O. In addition to the above comments, Staff s letter dated July 1, 2000 also stated, The criterion that adjacent uses are not adversely impacted must be clearly satisfied for staff support of commercial uses in a residential district, otherwise, a land use plan change to Commercial or Commercial Recreation may be required. In order to address compatibility with the adjacent residential land uses to the north, northeast, and east of the site, the petitioner has revised the site plan to show a primitive campsite abutting those portions of the site. Contingent upon a BCC determination that the criteria established in the ULDC for these uses to be permitted within the Glades Area Economic Development Overlay District (GA-O) has been met, the development proposal would be appropriate for this parcel's HR-12 future land use designation. The applicant's site plan was reviewed for consistency with policies in the Future Land Use (FLU) Element of the Comprehensive Plan. Policy 4.3-g requires employing access management... (to encourage inter-connectivity both within and between sites) (FLU-79). Policy 4.3-i states, The Unified Land Development Code, based on County Directives and the Livable Communities Principles, shall promote sustainable design and future land use compatibility by...specifying placement of open space; regulating building orientation, including height and mass restrictions [and] establishing pedestrian system linkages. Staff met with the applicant to discuss these policies. As a result of this meeting, the applicant revised the site plan to include a pedestrian pathway system on the site which connects all portions of the site. In addition, the applicant provided a pathway to the bridge on the Lake Okeechobee Segment of the Florida National Scenic Trail. TIER: The subject property is in the Glades Tier. FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area, and within one mile, of the City of Pahokee. Staff notified the City of the request. In a letter dated October 11, 2000, the City indicated that they support the proposed request. (See letter enclosed with this staff report.)

8 SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject site is located within the boundaries of the Glades Area Economic Development Overlay District (GA-O). See the previous discussion in the section above titled CONSISTENCY WITH LAND USE PLAN DESIGNATION. FINDINGS: Contingent upon a BCC determination that the criteria established in the ULDC for these uses to be permitted within the Glades Area Economic Development Overlay District (GA-O) has been met, the request would be consistent with the HR-12 land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 136 trips/day. TRAFFIC: SR 715 SEGMENT: SR 80 - Project Entrance Road PRESENT: - HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 68 TOTAL: - PRESENT CAPACITY AT LEVEL OF SERVICE "D": PALM BEACH COUNTY PUBLIC HEALTH UNIT COMMENTS: Water service 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 must be abandoned in accordance with Palm Beach County ECR-II. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The most of the site has been previously cleared for agricultural purposes. Incorporation of remaining native vegetation will be a requirement of the vegetation permit. WELLFIELD PROTECTION ZONE: The property is not located within 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. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards).

9 OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: No educational impacts. If this site is within two miles of a school site then a sidewalk on the perimeter right-of-way is required. PARKS AND RECREATION: No comment. CONCURRENCY: A Concurrency Reservation, C, exists for a 4,548 sf boarding house, 3 buildings w/22 beds, campground with 38 no fee/non commercial sites, 576 sf club w/o beds, 1,812 sf private hanger, 3,746 sf registration and briefing room (motion picture studio), 523 sf restroom(s), and 300 sf of general retail sales. Water/sewer service provider: City of Pahokee. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 5 acre site, irregular lot with 318 feet of frontage along Airport Road and an average depth of 420 feet along the Pahokee Airport property line. The site has an existing motion picture production studio, boarding and rooming house. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: HR-12 Zoning District: RH Supporting: Single family residence SOUTH: Comprehensive Plan: U/T Zoning District: IL Supporting: Pahokee Airport EAST: Comprehensive Plan: HR-12 & C/8 Zoning District: RH Supporting: Single family residence WEST: Comprehensive Plan: Lake Okeechobee Zoning District: Lake Okeechobee Supporting: Lake and levee ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC) a final site plan shall be certified by the Development Review Committee (DRC). The DRC review will assure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC. FINDINGS: The request is consistent with the ULDC and the stated purpose and intent of the ULDC. The request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. The request is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property and the appropriate zoning district for the subject property. Conditions in the area of the subject property have changed to the extent to warrant the request. The proposal complies with all relevant and appropriate portions of Sec. 6.6 (Supplementary Regulations) of the ULDC. The design of the proposed use should minimize any adverse effects on adjacent lands. The request will result in a logical, timely and orderly development pattern.

10 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: Board of Adjustment Result Letter dated - March 14, 2001 Exhibit F: Letter from City of Pahokee dated - October 11, 2000

11 EXHIBIT C CONDITIONS OF APPROVAL A. ALL PETITIONS 1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated March 27, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING) B. HEALTH 1. Application and engineering plans to construct the centralized onsite sewage disposal system (OSTDS) in accordance with Rule 64E-6FAC and Palm Beach County ECR-1 must be approved by the Palm Beach County Health Department prior to final DRC approval. (DRC: HEALTH) C. LANDSCAPING ALONG THE NORTH AND EAST PROPERTY LINES (ADJACENT TO AIRPORT ROAD/RESIDENTIAL) 1. Landscaping and buffering along the north and east property lines shall include: a. a minimum fifteen (15) foot wide landscape buffer strip. This buffer shall be increased to twenty-five (25) feet along the central portion of the east property line (measuring a minimum of three hundred (300) feet in length) and the east one hundred (100 ) feet of the north property line and as per site plan dated March 27, 2001; b. one (1) native canopy tree planted every thirty (30) feet on center; c. one (1) Booted Sabal palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; d. twenty-four (24) inch high shrub or hedge material installed on the plateau of the berm, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36) inches; and, e. credit may be given for existing or relocated trees/palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) D. LANDSCAPING ALONG THE SOUTH PROPERTY LINES (ADJACENT TO PAHOKEE AIRPORT) 1. Prior to final site plan certification, the petitioner shall provide documentation to the Planning Division that an off-site contribution for a portion of the site s landscaping requirements, as determined by staff, was calculated and a written receipt demonstrated that the contribution has been paid to the County for the purpose of implementing the Glades Beautification Master Plan. In the event the contribution has not been made, prior to final certification of the site plan, the petitioner is required to submit an Alternative Landscape Plan to indicate the relocation of the required plant materials elsewhere on the site. (DRC/CO: LANDSCAPE-Zoning/Planning) E. ENGINEERING 1. Prior to November 1, 2001, all internal rights of way which encroach within any existing or proposed structures shall be abandon through the Palm Beach County abandonment process. If any of the rights of way are unable to be abandon then the site plan shall be amended as required. (DATE: MONITORING-Eng)

12 F. LANDSCAPING ALONG THE WEST PROPERTY LINE (ADJACENT TO LAKE OKEECHOBEE LEVEE) 1. Prior to final site plan certification, the petitioner shall provide documentation to the Planning Division that an off-site contribution for a portion of the site s landscaping requirements, as determined by staff, was calculated and a written receipt demonstrated that the contribution has been paid to the County for the purpose of implementing the Glades Beautification Master Plan. In the event the contribution has not been made, then the petitioner is required to either: a). b). install the required perimeter landscaping for the west property lines prior to the issuance of the first Certificate of Occupancy. The landscaping shall meet the minimum ULDC requirements. submit an Alternative Landscape Plan, prior to final certification of the site plan, indicating the transfer of the required plant materials elsewhere on the site. (DRC/CO: LANDSCAPE-Zoning/Planning) G. USE LIMITATION 1. Use of the site shall be limited to a maximum gross floor area of 11,505 square feet and the following: a. 4,548 square feet of rooming and boarding houses; b. 523 square feet of bathrooms; c. 3,746 square feet of motion picture studio d. 1,812 square feet of hanger and rigging area; e. 300 square feet of retail; and, f. 576 square feet of club house. (DRC: ZONING) 2. The campsites shall be setback a minimum one hundred (100) feet from adjacent residential structures located to the east of the subject property. (DRC/ONGOING: CODE ENF - Zoning) 3. Storage or placement of any material, refuse, equipment or debris shall not be permitted in the rear of the facility. (ONGOING: CODE ENF - Zoning) 4. Repair or maintenance of vehicles shall not be permitted on site. (ONGOING: CODE ENF - Zoning) H. 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: 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

13 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 majority vote of the Code Enforcement Board 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 5.8 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. (MONITORING)

14 EXHIBIT D ACCIDENT HISTORY REPORT

15 EXHIBIT E BOARD OF ADJUSTMENT

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17 EXHIBIT F LETTER FROM CITY OF PAHOKEE