PALM BEACH COUNTY ENGINEERING DEPARTMENT. REQUIRED PROPOSED VARIANCE SECTION SD E.9.B.2 Access by local or residential access streets

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1 PALM BEACH COUNTY ENGINEERING DEPARTMENT ZONING COMMISSION SUBDIVISION VARIANCE STAFF REPORT August 4, 2016 APPLICATION NO. CODE REQUIRED PROPOSED VARIANCE SECTION SD E.9.B.2 Access by local or residential access streets Access by existing major street, County Direct access onto a major street Road E.2.A.10 Bridges have clear roadway width between curbs two feet in excess of pavement width in each direction with sidewalks six feet wide on each side Bridge with no curbs and no sidewalks Delete requirement for curbs and sidewalks SITUS ADDRESS: North side of County Road 880, approximately 6.5 miles west of Twenty AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Mile Bend/State Road 80 Wantman Group, Inc. Steve Graham, AICP 400 Columbia Dr, Suite 110 West Palm Beach FL Horizon 880, LLC Van Dyke Washington MI PCN: BCC DISTRICT: 6 PROJECT MANAGER: Joanne M. Keller, P.E. LEGAL AD: SD-158 Title: Resolution approving a Subdivision Variance application of Horizon 880, LLC by Wantman Group, Inc., Agent. Request: To allow a variance from the requirement that access shall not be permitted directly to a major street (11.E.9.B.2) and a variance from the requirement for curbs and sidewalks on a bridge (11.E.2.A.10). General Location: approximately 6.5 miles west of Twenty Mile Bend/State Road 80, in the AP Zoning District. ZONING DISTRICT: AP LAND USE: AP CONTROL #: LOT AREA: acres LOT DIMENSIONS: Approximately 1150 ft. x 1197 ft. CONFORMITY OF LOT: CONFORMITY OF ELEMENT: TYPE OF ELEMENT: ELEMENT SIZE: BUILDING PERMIT #: NOTICE OF VIOLATION: CONSTRUCTION STATUS: APPLICANT REQUEST: Allow for direct access onto a major street via a bridge without curbs and sidewalks. ZC August 4, 2016 Page 217

2 STAFF SUMMARY Subdivision Variance Request On behalf of the Petitioner, Wantman Group, Inc. is requesting a Subdivision Variance from Article 11.E.9.B.2 (Lots abutting Major Streets) to allow access directly onto a CR880, a major road, and a variance from the requirement that bridges have clear roadway width between curbs two feet in excess of the pavement width in each direction with sidewalks six feet wide on each side (11.E.2.A.10). It is noted that an application for a Class B Conditional Use to allow a Chipping & Mulching use on the subject property is being submitted concurrently with this request under separate cover. Site Characteristics and Surrounding Uses Currently the subject property is vacant and is not in use. The acre property is identified by PCN There are several abandoned pre-existing building foundations on the property; however none of the structures are habitable at this time. As a result the land has been in fallow for the past few years but is being cleaned and maintained by the applicant who recently purchased the property. The Future Land Use and Zoning designations are both Agricultural Production and the property is in the Glades Tier. The subject site is surrounding by similar uses and FLU and Zoning designations. Approval History The site was previously rezoned to AP on June 28, 1990 per Resolution R under Control Number A Type II Variance (Application ZV , Resolution R ) was approved by the Zoning Commission on October 3, 2013 for variance relief from the parking and landscape standards of the ULDC. Pursuant to Condition 6 of R , the proposed use of the subject property is changing and as such these variances will no longer be valid if the proposed Chipping & Mulching Use is approved. Approval for a Composting Facility on the subject property was issued by the DRO on May 5, 2014 (Application Number ). On May 25, 2016, an application for Boundary Plat approval was submitted to Palm Beach County Land Development and is currently under consideration. Development Proposal The proposed use on the property is a Composting and Chipping & Mulching Facility. The facility will compost Bio-solids and horse manure into a high grade fertilizer for bulk sale, as well as chip / mulch yard waste for use as mulch. Pursuant to the ULDC, the Chipping and Mulching use required a Class B Conditional Use approval by the Zoning Commission. The proposed use is to be in addition to the already approved Composting Facility use on the site. The proposal will allow for the diversification of the approved composting use on the subject property and provide for chipping / mulching uses which complement the approved use. The site plan will be reconfigured to provide a new access point at the southern property boundary, across the canal, providing for direct access to CR 880. The weigh scale will also be relocated closer to the main administrative office and additional circulation roads provided on the site for the movement of vehicles. Summary of Articles 11.E.9.B.2. and 11.E.2.A.10 The purpose and intent of these sections is to require access by local or residential access streets and prohibit legal access directly onto major streets and to require curbs and sidewalks on bridges. ZC August 4, 2016 Page 218

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5 STAFF RECOMMENDATIONS The request before the Zoning Commission are variances from two subdivision requirements codified in the Palm Beach County Unified Land Development Code (ULDC) Article 11, SUBDIVISION, PLATTING, AND REQUIRED IMPROVEMENTS. Specifically, the first request (V1) is a variance to Section 11.E.9.B.2 to allow direct access onto a major street instead of requiring access for the newly subdivided lot to be provided by local or residential access streets. The second request (V2) is a variance to Section 11.E.2.A.10 to delete the requirement for curbs and sidewalks along a bridge serving as access to a subdivision lot. Staff recommends APPROVAL of both requests subject to 7 Conditions of Approval as indicated in Exhibit C, based upon the following application of the standards enumerated in Article 2, Section 2.B.3.E of the ULDC, which an applicant must meet before the Zoning Commission who may authorize a variance. ANALYSIS OF ARTICLE 2, SECTION 2.B.3.E VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: RESPONSE V1: CORRECT. Special conditions exist that are peculiar to this parcel of land with respect to the use of the surrounding lands. This parcel is currently accessed from a shared bridge through an access easement on the adjacent parcel of land. The existing bridge does not meet standards for development today and would require improvements to meet minimum standards. According to the applicant, the owner of the bridge refused to allow any bridge improvements citing that bringing the bridge up to current standards would limit his existing agricultural uses. The bridge as constructed today is acceptable for the existing uses but improvements may be required if the property owner requests additional onsite approvals. Since the applicant for these variance requests is not able to improve the existing bridge to minimum standards, a new access point is required. The ULDC requires the new access point to be a minimum of an 80-foot non-plan collector roadway since it connects to a major road (CR880). However, since the proposed connection to the major road is to serve only one lot, the effect of a new connection is the same whether it is required to be a non-plan collector right of way or a bridged driveway connection. RESPONSE V2: CORRECT. Special conditions exist that are peculiar to the area surrounding the subject property. Specifically, there are no sidewalks existing in the public right of way of CR880 in this area; the north side of the CR880 right of way where the proposed bridge would connect is bordered by a guardrail and canal which prevents any pedestrian connectivity along the north. Requiring sidewalks along the bridge may give pedestrians the false impression that the pathway continues into the public right of way. Special conditions exist due to the proposed use of the subject property with respect to curbs within the proposed bridge area. Curbing will limit the flat space available for the large trucks to make necessary maneuvers so instead the Property Owner proposing a span of at least 30-feet of pavement between the bridge railings. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: RESPONSE V1: CORRECT. Approval to improve the bridge is at the discretion of the bridge owner, not the applicant of these variance requests. Since the bridge owner has refused to allow the bridge to be improved, the applicant is forced to construct a separate access. RESPONSE V2: CORRECT. The standards set forth in the ULDC for bridge construction cannot be universally applied to all use types. In this case, special circumstances exist to allow a variance in the minimum bridge design for the proposed type of onsite use. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: ZC August 4, 2016 Page 221

6 RESPONSES V1 and V2: CORRECT. Other parcels of land in the same Zoning District are eligible to apply for similar variances. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: RESPONSES V1 AND V2: CORRECT. Literal interpretation of the ULDC requires the Property Owner to construct an 80-foot local commercial street including curbing and sidewalks to serve the single lot subdivision. The provisions are excessive in this particular case. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: RESPONSE V1 AND V2: CORRECT. These are the minimum variances required to allow a new bridge connection with a modified cross section to be utilized for access to a subdivided lot. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: RESPONSES V1 AND V2: CORRECT. Grant of these variances will be consistent with the intent of both documents. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: RESPONSE V1 AND V2: CORRECT. Grant of this variance will allow a bridge connection to a major street. If no variance is granted, a bridge connection will still be required. Either way, the bridge connection will be reviewed for compliance with minimum safety criteria and the general public will not notice a difference between a bridged-driveway being constructed in place of an 80-foot non-plan collector roadway bridge. ZC August 4, 2016 Page 222

7 ZONING COMMISSION CONDITIONS EXHIBIT C Conditions SUBDIVISION VARIANCE 1. Prior to August 31, 2017, the Property Owner shall create a legal lot of recorded per Article 11 of the Unified Land Development Code. (DATE: MONITORING - ENG) 2. The variances approved herein are contingent upon the subject property remaining as a single lot and not being subdivided further. Should the Property Owner subdivide the lot further, these variances are voided and the Property Owner shall apply for revised variances, as necessary. (ONGOING: ENGINEERING - ENG) 3. The minimum clear spacing for pavement between the bridge rails shall be 30-feet. (ONGOING: ENGINEERING - ENG) 4. Prior to Final Approval by the Development Review Officer (DRO), the approved Variance shall be shown on the Site Plan and Subdivision Plan. (DRO: ENGINEERING - ENG) 5. In Granting this Approval, the Zoning Commission 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) 6. 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; 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) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC August 4, 2016 Page 223

8 Exhibit D: Disclosure PALM BEACH COUNTY- ZONING DIVISION FORM#...m_ DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY [TO BE COMPLETED AND EXECUTED BY THE PROPERTY OWNER(S) FOR EACH APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT OR DEVELOPMENT ORDER] TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, this day personally appeared Robert v. Rogers, hereinafter referred to as "Affiant," who being by me first duly sworn, under oath, deposes and states as follows: 1. Affiant is the [ ] individual or [I] Manager [position - e.g., president, partner, trustee] of Horizon 880, LLC [name and type of entity - e.g., ABC Corporation, XYZ Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit "A" (the "Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with Palm Beach County. 2. Affiant's address is: =58...,6...,.1=0~V=an..wD=.y,_,.,k=e Washington. Ml Attached hereto as Exhibit "B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. 4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of any and all individuals or entities holding a five percent or greater interest in the Property. 5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval. 6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath. Disclosure of Beneficial Interest - Ownership form Page 1 of 4 Revised 08/25/2011 Web Format 2011 ZC August 4, 2016 Page 224

9 PALM BEACH COUNTY- ZONING DIVISION FORM#.Jlli 7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete. (Print Affiant Name) The foregoing i~tru~ent was ackno~wledg d before me this ;o J.,day of ~f't.e,, 20~. by ~tr/)..(a;t ~ f<,o ~, [ ~ho is personally known to me or [ ] who has produc d as identification and who did take an oath. Notary Public (Print Notary Name) NOTARY PUBLIC Stateo~~e My Commission Expires: Disclosure of Beneficial Interest - Ownership form Page 2 of 4 Revised 08/25/2011 Web Format 2011 ZC August 4, 2016 Page 225

10 PALM BEACH COUNTY- ZONING DIVISION FORM#_illL EXHIBIT"A" PROPERTY The West 270 feet oftract 5, all oftracts. 6, 7 and 8, LESS AND EXCEPT the West feet oftract 8, Subdivision of Lot I, Hiatus between Townships 43 and 44 South, Range 38 East, as recorded in Plat Book 8, Page 84, of the Public Records of Palm Beach County, Florida; TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; SUBJECT, HOWEVER, to the right-of-way State Road 80 over the South feet of Tracts 5, 6, 7 and 8. [TOGETHER WITH a sixty foot (60') ingress and egress easement described as follows: A strip of land, feet in width, lying in Tract 8, Subdivision of Lot 1, Hiatus between Townships 43 and 44 South, Range 38 East, as recorded in Plat Book 8, Page 84, of the Public Records of Palm Beach County, Florida; said strip of land being specifically described as follows: Commence at the Southwest corner of said Tract 8, thence North 89 54'20" East along the South line of said frract, a distance of feet to the intersection thereof with the East line of Parcel No.4 of that certain Grant [of Easement recorded in Official Records Book 1267, Page 443, said Public Records; thence North 00 27'09" East, departing the South line of said Tract 8, and along the East line of said Grant of Easement Parcel No.4, a distance of feet to the intersection thereof with the North line of the South feet of said Tract 8 and he Point of Beginning. Thence continue North 00 27'09" continuing along the East line of said Grant of Easement Parcel No.4, a distance of feet, Thence North 89 55'02" East, departing said East Parcel line, a distance of feet o the intersection thereof with the East line of the West feet of said Tract 8; Thence North 00 04'58" West along said East line of the West Feet of said Tract 8, a distance of feet, Thence South 89 55'02" ry.jest departing said East line, a distance of feet to the intersection thereof with the West line of said Grant of Easement Parcel No.4, Thence, South 00 27'09" West along the West line of said Grant of Easement Parcel No.4, a distance of feet to the intersection thereof with the North line of the South feet of said Tract 8, Thence North 89 54'20" East along said line of the South feet of said Tract 8, a distance of eet to the Point of Beginning. Disclosure of Beneficial Interest - Ownership form Page 3 of 4 Revised 08/25/2011 Web Format 2011 ZC August 4, 2016 Page 226

11 PALM BEACH COUNTY- ZONING DIVISION EXHIBIT"B" DISCLOSURE OF OWNERSHIP INTERESTS - PROPERTY Affiant must identify all entities and individuals owning five percent or more ownership interest in the Property. Affiant must identify individual owners. For example, if Affiant is an officer of a corporation or partnership that is wholly or partially owned by another entity, such as a corporation, Affiant must identify the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. Name Address Disclosure of Beneficial Interest - Ownership form Page 4 of 4 Revised 08/25/2011 Web Format 2011 ZC August 4, 2016 Page 227

12 Exhibit E: Applicant s Justification Variance 1 (V1): Article 11.E.9.B. (Access) The subject request is for a variance from Article 11.E.9.B.2. Subdivision Design (Lots abutting Major Streets), which states that when lots are platted abutting a major street or non-plan collector street, access shall be provided by and limited to local streets or residential access streets. No access from individual lots shall be permitted directly to a major street. The proposal is to allow direct access to CR880, which is considered a major street. The proposed boundary plat for the subject property was submitted to Land Development on May 25, 2016 and is under consideration. Variance 2 (V2): Article 11.E.2.A.10 (Bridges) The subject request is for a variance from Article 11.E.2.A.10. Access & Circulation Systems (Bridges), which states that bridges shall have a clear roadway width between curbs two feet in excess of the pavement width in each direction, and shall have sidewalks six feet wide on each side. The proposal is for a bridge to be constructed with no sidewalks and curbs. In lieu of this, the typical cross section submitted for the proposed bridge indicates that a shoulder four (4) feet wide will be provided on each side of the pavement in lieu of the above requirement. 1. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure, that are not applicable to other parcels of land, structures or buildings in the same district; RESPONSE V1: There is a special condition and circumstance that is peculiar to the subject parcel and is not applicable to other parcels of land in the same district. The property that is adjacent to CR880 currently has an access via access easement to its west (ORB 2118, PG 704). The access easement connects across an existing bridge which is not constructed to County standards and the Applicant has been unable to arrange with the owner of the bridge to upgrade it. The proposed direct access to CR880 would create a new access point which is a safer and more efficient route for visitors, employees, and service/emergency vehicles to access to the site, rather than utilizing a substandard bridge. RESPONSE V2: There is a special condition and circumstance that is peculiar to the subject parcel and is not applicable to other parcels of land in the same district. The proposed bridge and future development on the subject property will not attract pedestrians and there is no need to provide a sidewalk in this location. There are no sidewalks located on CR 880 and the subject property is located in an agricultural area, within the Glades Tier, with no existing or future demand for pedestrian activity. 2. Special circumstances and conditions do not result from the actions of the applicant; RESPONSE V1: Special circumstances and conditions do not result from the actions of the applicant. The property that is adjacent to CR880 currently only has an access via access easement to its west (ORB 2118, PG 704). The access easement connects across an existing bridge which is not constructed to County standards and the Applicant has been unable to arrange with the owner of the bridge to upgrade it. RESPONSE V2: Special circumstances and conditions do not result from the actions of the applicant. The subject property is situated in an existing agricultural context and has done so for many years. Legal access is required to the parcel and the lack of pedestrian activity in the area is not a situation created by the applicant. 3. Granting the variance shall not confer upon the applicant any special privilege denied by the Plan and this Code to other parcels of land, buildings, or structures, in the same district; ZC August 4, 2016 Page 228

13 RESPONSE V1: Other subdivision variances have been approved for similar properties in the same or similar zoning district, thus the variance will not confer upon the applicant any special privileges. RESPONSE V2: Granting the variance will not confer upon the applicant any special privileges that would be denied to other parcels of land, buildings, or structures, in the same district. Given the lack of pedestrian activity in the surrounding area and agricultural districts generally, it is likely other similar variances would be granted. 4. Literal interpretation and enforcement of the terms and provisions of this Code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same district, and would work an unnecessary and undue hardship; RESPONSE V1: Literal interpretation of the code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same district, as similar variances have been approved for other projects. The direct access to CR880 will create a new access point that is safer and more efficient for visitors, employees, and service/emergency vehicles to access the site. RESPONSE V2: Literal interpretation of the code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same district, as similar variances would likely be approved for other projects. The proposed bridge will still be designed to the required standards; however the requirement for sidewalks and associated curbing is not necessary in this instance and would place an unnecessary hardship, with no benefit to the applicant or the community as a whole. 5. Granting the variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure; RESPONSE V1: The applicant is only requesting one direct access point to CR880, which is the minimum variance necessary to ensure that the property design is safe, efficient, and effective. RESPONSE V2: The applicant is only requesting the minimal required variance for the bridge design, which is the minimum variance necessary to ensure that the proposed structure is safe, efficient, and effective. 6. Granting the variance will be consistent with the purposes, goals, objectives, and policies of the Plan and this Code; and RESPONSE V1: The intent of the ULDC and Comprehensive Plan is met with the granting of the variance. The intent is to improve circulation and accessibility for the subject site. RESPONSE V2: The intent of the ULDC and Comprehensive Plan is met with the granting of the variance as it will continue to provide for the safe and efficient movement of vehicles to / from the subject property. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. RESPONSE V1: The grant of the variance would not negatively affect the surrounding area or endanger public welfare. The direct access to CR880 would create a new access point which is a safer and more efficient route for visitors, employees, and service/emergency vehicles to take to the site. RESPONSE V2: The grant of the variance will not negatively affect the surrounding area or endanger public welfare. The proposed bridge design will provide a structure which is a safer and more efficient route for visitors, employees, and service/emergency vehicles to take to the site than the existing situation. f:\land_dev\subdivision variances\2016\sd-158 horizon composting facility\06-sd-158-horizon composting facility cr880-staff report doc ZC August 4, 2016 Page 229