PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: Z/CA Petitioner: Benoist Land Corp & Four Brothers Recycling Owner: Benoist Land Corp & Four Brothers Recycling Agent: Beril Kruger Telephone No.: (561) Project Manager: Greg Fajardo, Planner I Location: Approximately 850 feet north of Southern Boulevard on the west side of Benoist Farms Road (Four Brothers Recycling). Title: Official Zoning Map Amendment and a Class A Conditional Use. Request: Rezoning from the Light Industrial (IL) Zoning District to the General Industrial (IG) Zoning District. Request: To allow a salvage or junkyard. PETITION SUMMARY: Proposed is the rezoning of acres of land from the Light Industrial (IL) Zoning District to the General Industrial (IG) Zoning District to allow for the development of a salvage or junkyard. The 6-acre north portion of the site has an existing auto wreckage facility, which was approved on September 25, 1978, by the Board of County Commissioners. The southern 7-acre parcel was rezoned to the Light Industrial Zoning District on November 19, 1981, and has an existing auto salvage facility. The petitioner is proposing to combine these 2 parcels of land, and also add a 2.53-acre parcel to the overall site for the expansion of the operation. The proposed site plan indicates 20,849 square feet of parts storage, a 4,057 square foot office, 1,095 square feet of general repairs, and a 404 square foot shed with 68 parking spaces. Access will remain from Benoist Farms Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division indicates the request is consistent with the subject site s Industrial (IND) Future Land Use (FLU) designation. o Compatibility with Surrounding Land Uses The subject site is surrounded by properties with an Industrial (IND) FLU on all sides. On the north side of the site is an existing auto salvage and recycling yard (Petition CA ), to the south exists a pre-cast concrete plant (Petition ), and to the southwest exists a shooting range (Petition ). To the east, across Benoist Farms Road, exists a concrete recycling plant (Petition ), an asphalt manufacturing plant (Petition ), and a vacant lot, and to the west of the site is an auto auction/salvage yard (Petition A). Subject to conditions of approval, staff does not anticipate any negative impacts to the surrounding uses from the request. 98

2 o Traffic The Palm Beach County Engineering Division estimates this request will generate 872 trips per day. Total traffic from the previous use was 639 trips per day, which is an increase of 233 trips per day. o Landscape/Buffering The petitioner is proposing to provide the required 15-foot wide right-of-way landscape buffer along the east property line abutting Benoist Farms Road. Staff is recommending a wall and upgraded planting material in the landscape buffering along Benoist Farms Road to reduce the visual impact of the use from the road. A 5-foot wide landscape compatibility buffer will be provided along the north, south and west property lines abutting existing industrial uses. o Signs No signage has been proposed for the petition. Staff is recommending Conditions I.1 and I.2 to limit the number and dimensions of any future signs on the site. o Architectural Review The proposed development is subject to Architectural Guidelines. Staff recommends architectural elevations be submitted for review and approval at time of submittal for final Development Review Officer (DRO) approval. TABULAR DATA Property Control Number(s) EXISTING / 0251/0252/0253 PROPOSED Same Land Use Designation: Industrial (IND) Same Zoning District: Light Industrial (IL) General Industrial (IG) Use: Auto salvage and recycling Same Acreage: acres Same Floor Area: 26,405 sq. ft. Same Building Coverage: N/A 3.9% FAR: N/A 3.9% Parking: 12 spaces 66 spaces (+54) Access: Benoist Farms Road Same PUBLIC COMMENT SUMMARY: At time of publication, staff had received no response from the public. However, Staff has met with a representative of the neighboring property owner to the north of the subject site. The property owner wished to voice their concerns over the subject site s past code enforcement violations and wanted to be assured that the current request will address these issues. Staff explained that the current request will create a conforming use and that no code violations currently exist for the subject site. RECOMMENDATION: Staff recommends approval of the request, subject to 29 conditions as indicated in Exhibit C. 99

3 MOTION: To recommend approval of the request for a Class A Conditional Use to allow a salvage or junkyard. 100

4 101

5 QUAD PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 102

6 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 103

7 PROPOSED SITE PLAN 104

8 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Industrial (IND) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from the Light Industrial (IL) Zoning District to the General Industrial (IG) Zoning District with a Class A Conditional Use for a salvage or junk yard and has determined the development proposal is appropriate for this parcel s IND FLU designation. FLUE Policy a states that 1.The IND category shall be primarily utilized by light, medium and heavy industrial uses and related services, and shall permit the following uses: manufacturing, assembly of products, processing, research and development, wholesale distribution and or storage of products, transportation, fabrication salvage and junkyards (51-FLUE). The proposed request is also consistent with the maximum Floor Area Ratio (FAR) of.45 for a site with an IND designation. For this acre site, the site could develop with a maximum of 304,419 square feet at the.45 FAR. The applicant has requested a FAR of approximately.04 or 26,405 square feet for this site. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is located within the future annexation area of the Town of Haverhill and the City of West Palm Beach. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. INTERGOVERNMENTAL COORDINATION: N/A SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the IND land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 872 trips per day. Total traffic from the previous use was 639 trips per day. An increase of 233 trips per day is expected. TRAFFIC: Benoist Farms Road SEGMENT: Project Entrance to Southern Boulevard PRESENT: 4,301 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 128 Additional Trips/Day TOTAL: 4,429 PRESENT CAPACITY AT LEVEL OF SERVICE "D": 14,900 PRESENT LANEAGE: 2 Lane 105

9 PALM BEACH COUNTY HEALTH DEPARTMENT: WATER: Water 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 shall be abandoned in accordance with Palm Beach County ECR-II. SEWER: Sanitary sewer service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently developed and contains no significant amounts of native vegetation. A few native Slash pine are located along the eastern buffer around the main office. WELLFIELD PROTECTION ZONE: The property is not located within 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. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards). OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: Not Applicable PARKS AND RECREATION: Not Applicable CONCURRENCY: Concurrency for this site has been approved for 20,849 square feet of parts storage, 1,095 square feet of general repairs and maintenance, 4,057 square feet of office space, and 404 square feet of shed. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A acre site, approximately 875 feet in width with an average depth of 917 feet accessed by Benoist Farms Road. The site currently supports an auto salvage and recycling facility. 106

10 ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Industrial (IND) Zoning District: General Industrial (IG) Supporting: Auto Salvage/Recycling (Petition ) SOUTH: Comprehensive Plan: Industrial (IND), Industrial (IND) Zoning District: Light Industrial (IL) Supporting: Pre-cast Concrete Plant (Petition ), Shooting Range (Petition ) EAST: Comprehensive Plan: Industrial (IND) Zoning District: General Industrial (IG) Supporting: Concrete Recycling Plant, (Petition ), Asphalt Manufacturing Plant (Petition ) WEST: Comprehensive Plan: Industrial (IND) Zoning District: Light Industrial (IL) Supporting: Auto Auction/Salvage (Petition A) ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC. PROJECT HISTORY: Petition The northern parcel was approved by the BCC on September 25, 1978 for a Special Exception to allow an Auto Wrecking Yard via Resolution Petition A The southern parcel was approved by the BCC on November 19, 1981 to rezone from the Agricultural (AG) Zoning District to the Light Industrial (IL) Zoning District via Resolution FINDINGS: Conditional Use Standards 1. Consistent with Comprehensive Plan. The request is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Complies with supplementary use standards. The request complies with all relevant and appropriate portions of Sec. 6.6, Supplementary Regulations of the Code. 3. Compatibility. The request is compatible as defined in the Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. 4. Design minimizes adverse impact. Subject to conditions of approval, the proposed design will minimize adverse effects, including visual impact and intensity of the proposed use on adjacent lands. 107

11 5. Adequate public facilities. The request complies with Art. 11, Adequate Public Facility Standards; concurrency is for 20,849 square feet of parts storage, 1,095 square feet of general repairs and maintenance, and 4,057 square feet of office space. 6. Design minimizes environmental impact. The request minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The site is currently in use as a recycling, salvage and junkyard and contains no significant native vegetation. 7. Development patterns. The proposed development will result in logical, timely and orderly development patterns. 8. Other relevant standards of the Code. The proposed conditional/requested use complies with all standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics. 9. Consistency with neighborhood plans. Not applicable. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report 108

12 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 December 18, 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 Zoning) B. ARCHITECHUAL REVIEW 1. At time of submittal for final DRO approval of the site plan, the architectural elevations for all the buildings shall be submitted simultaneously with the site plan for final architectural review. Elevations shall be designed to be consistent with Sec. 6.6.E of the ULDC. Development shall be consistent with the approved architectural elevations. (DRO: ARCH REVIEW Zoning) 2. All roof or ground mounted air conditioning, mechanical equipment and satellite dishes shall be screened from view on all sides by a visually opaque barrier consistent with the color, character and architectural style of the principal structure or equivalent landscape material. (CO: BLDG Zoning) C. HEALTH 1. Disposal of any hazardous waste into the sanitary sewer system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection, the Palm Beach County Health Department and the agency responsible for sewage works are provided and used by project tenants or owners generating such waste. (ONGOING: HEALTH/CODE ENF Health) 2. Prior to October 1, 2004 the owner or operator shall complete and submit to the Palm Beach County Health Department a Storm Water Pollution Prevention Plan (SWPPP) in keeping with the guidance presented in the Florida Automotive Recycler s Handbook: An Environmental Compliance Workbook for Automotive Recyclers. (DATE: MONITORING Health) D. LANDSCAPING - STANDARD 1. Fifty (50) percent of canopy trees to be planted in the landscape buffers shall be native and meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. trunk diameter: three and one-half (3.5) inches measured at four and one-half (4.5) feet above grade; c. canopy diameter: Seven (7) feet diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (CO: LANDSCAPE Zoning) 2. All shrub or hedge materials shall be planted in continuous masses and in a meandering and naturalistic pattern, consisting of a minimum of two (2) to three (3) varying heights. Shrub materials shall be continuously maintained to achieve the following heights and hierarchical effect: 109

13 a. eighteen (18) to twenty-four (24) inches groundcover and small shrub; b. twenty-four (24) to thirty-six (36) inches medium shrub; c. forty-eight (48) to seventy-two (72) inches large shrub; and, d. this condition does not apply to the five (5) foot wide compatibility buffer or where a single row of hedge is required on one or both sides of the wall. (CO: LANDSCAPE Zoning) 3. All trees, palms shall be planted in a meandering and naturalistic pattern. (CO: LANDSCAPE Zoning) 4. A group of three (3) or more palm or pine trees may not supersede the requirement for canopy tree in that location, unless specified herein. (CO: LANDSCAPE Zoning) 5. All canopy trees to be planted within overhead utilities easement shall be consistent with FP&L s tree list suggested in the Plant the Right Tree in the Right Place guidelines and pursuant to Section 7.3.E.12.a of the ULDC. (CO: LANDSCAPE Zoning) 6. Field adjustment of plant materials may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings. (CO: LANDSCAPE Zoning) 7. Prior to the issuance of the Certificate of Occupancy (CO) for the project, the property owner/petitioner shall replace all dead, missing plant materials on the entire subject property. (CO: LANDSCAPE Zoning) E. ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after January 1, A time extension for this condition may be approved by the County Engineer only if based upon an approved Traffic Study, which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2 Chapter E of the Unified Land Development Code. (DATE: MONITORING Eng) 2. Prior to issuance of a Building Permit the Developer shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. A recorded plat waiver is also acceptable, provided this property is eligible for a plat waiver in accordance with the provision of the ULDC as determined by the County Engineer. (BLDG. PERMIT: MONITORING Eng) 3. Prior to the issuance of a building permit, the property owner shall convey to Palm Beach County by road right of way warranty deed, additional right of way for Benoist Farms Road, 80 feet west of the ultimate west right of way line for the LWDD E-2 Canal. Right of way conveyance shall be free of all encumbrances and encroachments. The Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. The Grantor also agrees to provide Palm Beach County an environmental report, subject to the approval of County Engineer, demonstrating that this property meets all appropriate and applicable environmental agency requirements. In the event the report makes a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the Grantee harmless and shall be responsible for all costs of such 110

14 clean up, including but not limited to, all applicable permit fees, Engineering or other expert witness fees including Attorney's fees as well as the actual cost of the clean up prior to dedication. Thoroughfare Plan Road right-of-way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate as determined by the County Engineer provisions for Expanded Intersection Details and "Corner Clips." (BLDG PRMT: MONITORING Eng) 4. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Benoist Farms Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG. PERMIT: MONITORING Eng) 5 The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING: MONTITORING Eng) F. LANDSCAPING ALONG THE EAST PROPERTY LINE (FRONTAGE OF BENOIST FARMS ROAD) 1. Landscaping and buffering along the east property line shall be upgraded to include: a. A minimum fifteen (15) foot wide landscape buffer strip. No width reduction or easement encroachment shall be permitted; b. a two (2) foot high continuous berm measured from top of curb. Field adjustment of berm location may be permitted for transverse of utility easement or pedestrian walkways or to accommodate existing vegetation; c. a six (6) foot high wall shall be placed on the plateau of the berm. The exterior of the wall shall be given a finished architectural treatment that is consistent with the color and style of the principle structure; d. one (1) native canopy tree for each thirty (30) linear feet of the property line shall be planted alternating on both sides of the wall; e. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters shall be planted alternating on both sides of the wall; f. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation and shall be planted on both sides of the wall; g. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation and shall be planted on both sides of the wall; and, h. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty-six (36) inches at installation and shall be planted on the exterior side of the wall. (CO: LANDSCAPE Zoning) G. LANDSCAPING ALONG THE NORTH, SOUTH, AND WEST PROPERTY LINES (ABUTTING INDUSTRIAL USES) 1. Landscaping and buffering along the north, south, and west property lines shall be upgraded to include: a. a minimum five (5) foot wide landscape buffer strip No width reduction or easement encroachment shall be permitted; 111

15 H. LIGHTING b. a black vinyl coated chain link fence at a minimum height of six (6) feet; c. one (1) canopy tree planted for each twenty (20) linear feet of the property line, alternating on both sides of the fence; d. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters, alternating on both sides of the fence; and, e. hedge material shall be planted and spaced at twenty-four (24) inches on center. Hedge material shall be a minimum of forty-eight (48) inches at installation and shall be installed on the exterior side of the fence. (CO: LANDSCAPE Zoning) 1. All outdoor lighting used to illuminate the subject property and identification signs shall be of minimum necessary to satisfy the Palm Beach County Security Code, low intensity, shielded and directed down and away from adjacent properties and streets. (CO/ONGOING: BLDG/CODE ENF Zoning) 2. All outdoor, freestanding lighting fixtures shall not exceed twenty-five (25) feet in height measured from finished grade to highest point. (CO: BLDG Zoning) 3. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF Zoning) I. SIGNS 1. Freestanding signs fronting on Benoist Farms Road shall be limited as follows: a. maximum sign height, measured from finished grade to highest point fifteen (15) feet; b. maximum sign face area per side one hundred (100) square feet; c. maximum number of signs - one (1); d. style - monument style only; and, e. Signs shall be limited to identification of tenants only. (CO: BLDG Zoning) 2. Wall signs shall be limited to east facades of the buildings and individual lettering size shall be limited to twenty-four (24) inches high. Wall signs shall be limited to identification of tenants only. (CO: BLDG Zoning) J. USE LIMITATION 1. Storage of vehicles shall be prohibited in areas not designated as vehicle storage yard on the certified site plan dated December 18, 2003 or external to the subject site. (ONGOING: CODE ENF Zoning) 2. Transportation of vehicles from one area to another within the subject site shall be prohibited along Benoist Farms Road. Transportation of vehicles being processed shall only be allowed along the internal circulation route within the subject site. Prior to final DRO approval, the site plan shall be redesigned to include an internal circulation route for the transportation of vehicles processed by the facility. (DRO/ONGOING: ZONING/CODE ENF Zoning) 3. When this facility is not open, the parking area shall be locked and gated. The gate shall be installed a maximum of twenty-five (25) feet from the property line. (ONGOING: CODE ENF Zoning) 112

16 K. 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 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 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 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. (ONGOING: MONITORING Zoning) 113

17 EXHIBIT D ACCIDENT HISTORY REPORT 114