PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: Z Application Name: Dazco Center Control No.: Applicant: 4730 Hypoluxo LLC Owners: 4730 Hypoluxo LLC Agent: CMS Engineering, LLC - Pol Africano Telephone No.: (561) Project Manager: Osniel Leon, Site Planner II TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Commercial High Office (CHO) and the Agricultural Residential (AR) Zoning Districts to the Community Commercial (CC) Zoning District. APPLICATION SUMMARY: Proposed is an Offical Zoning Map Amendment to allow a rezoning of acres of land from the Commercial High Office (CHO) and the Agricultural Residential (AR) Zoning Districts to the Community Commercial (CC) Zoning District. The site was last approved on January 5, 2006 by the Board of County Commissioners (BCC) for a rezoning from the AR Zoning District to the CHO Zoning District with a Conditional Overlay Zoning (COZ). Because the Applicant is not proposing any uses or site design, Staff is recommending a COZ. The COZ is to restrict the use and site development regulations authorized in the underlying standard Zoning District to prevent, minimize or mitigate any potential adverse impacts upon the surrounding land uses. The Applicant is in agreement with the recommended Engineering, Lake Worth Drainage District (LWDD) and Planning conditions for the COZ with this rezoning. The site remains vacant and undeveloped. Through another concurrent application, the Applicant is seeking a Future Land Use Amendment (SCA ) to change the land use designation from Commercial High Office (CH-O) to Commercial Low (CL). Access to the site will remain from Hypoluxo Road. SITE DATA: Location: South side of Hypoluxo Road, approximately 1300 feet west of Military Trail (Dazco Center) Property Control Number(s) ; ; Existing Land Use Designation: Commercial High-Office, with an underlying LR-3 (CH-O/3) Proposed Land Use Designation: Commercial Low (CL) Existing Zoning District: Commercial High Intensity Office District (CHO) Proposed Zoning District: Community Commercial (CC) Acreage: 3.04 acres Tier: Urban/Suburban Tier Overlay District: N/A Neighborhood Plan: Coalition of Boynton West Residential Association (COBWRA) CCRT Area: N/A Municipalities within 1 Mile City of Boynton Beach Future Annexation Area City of Boynton Beach RECOMMENDATION: Staff recommends approval of the request subject to a Conditional Overlay Zone (COZ) and 6 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: On August 3, 2014 the Zoning Commission approved a Class B Conditional Use approval for a Veterinary Clinic under Resolution No. ZR and a rezoning from the Agricutlrual Residential (AR) Zoning District to the CHO Zoning District. The Veterinary Clinic was subsequently ZC December 5, 2014 Page 1

2 abandoned on June 6, 2013 via Resolution No. ZR In 2006, due to a Staff error in processing the previous rezoning approval, a parcel and the related legal description which was included in the request was inadvertently ommitted in the Resolution. This rezoning will correct the previous error. In 2012 the Property Owner made a request to rezone the property from the CHO Zoning District to the CC Zoning District, with a Class A Conditional Use for a car was, however on June 7, 2013 they withdrew the requests. SURROUNDING LAND USES: NORTH: FLU Designation: Commercial Low, with an underlying CL-5 (MR-5) and Medium Residential 5 units per acre (MR-5) Zoning District: Commercial General (CG) and Residential Single-Family (RS) Supporting: Undeveloped land (Control No / ) and Single-Family Residences (Concept Homes of Lantana, Control No. N/A) SOUTH: FLU Designation: Low Residential 3 units per acre (LR-3) Zoning District: Planned Unit Development (PUD) Supporting: Multi-family residences (Toscana Isles PUD, Control No. N/A) EAST: FLU Designation: Commercial Low, with an underlying CL-3 (LR-3) Zoning District: Multiple Use Planned Development (MUPD) Supporting: Commercial (Hypoluxo Village MUPD, Control No ) WEST: FLU Designation: Low Residential 3 units per acre (LR-3) Zoning District: Planned Unit Development (PUD) Supporting: Multi-Family residences (Toscana Isles PUD, Control No. N/A) 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. Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including densities and intensities of use. There are no consistency issues with the proposed application, provided the concurrent FLUA amendment to CL is adopted. Concurrent Future Land Use Atlas Amendment: This application is subject to a concurrent small scale FLUA amendment called Dazco Center SCA , which, if adopted, would change the FLU designation from CH-O/3 to CL. The site was the subject of a previous privately initiated Land Use Amendment known as Brooks Office III (Ordinance ), which amended the land use from Low Residential 3 units per acre (LR-3) to Commercial High Office with an underlying Low Residential 3 units per acre (CH-O/3). There were no conditions applied to this amendment. Intensity: If the subject site is approved for Commercial Low FLU (0.20 FAR) designation and concurrent rezoning, the maximum intensity permitted would be 26,484 sq ft ( = acres x 43,560 ZC December 5, 2014 Page 2

3 x 0.20 FAR). The requested 26,000 sq. ft. of general retail uses is less than the maximum permitted by the CL FLU. Special Overlay District/ Neighborhood Plan/Planning Study Area: The request is located within and is consistent with the West Boynton Community Plan. While the Community Plan does not specifically address the subject site, the site was evaluated for compliance with general recommendations regarding commercial. Specifically, the Community Plan Recommendation 2 discourages strip commercial. However, as this site will expand an existing commercial node and was previously approved for commercial office. This site is not inconsistent with the Community Plan. The Applicant has been in contact with the adjacent neighborhood associations and COBWRA umbrella association. The Planning Division has received a copy of a letter stating that COBWRA is in support of the proposed rezoning. A Condition of Approval is required to ensure future compatibility. The Property Owner must provide a pedestrian connection to the adjacent residential property to the south. (Planning Condition 1) 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. The CC Zoning District provides a commercial facility of a community nature that services residential neighborhoods within a three to five mile radius, located on a collector or higher classification street. Currently, the Applicant has not submitted a site plan for review and there are no specific uses being proposed; however, any proposed uses must be in compliance with the Code prior to any approvals being granted for development. The subject property is approximately 3.04 acres with 388 feet of width and 340 feet of depth which meets the required 100 feet of width and 200 feet of depth; therefore, the property complies with the minimum development requirements of the CC Zoning District. The Survey, Figure 4 describes four lots for the rezoning, as part of the Conditions of Approval, and to ensure the property development regulations are met with the proposed zoning district, the Property Owner is required to Plat the property in compliance with Article 11. The Applicant has also agreed to the conditions of the proposed COZ, the Engineering condition is related to a requirement to combine the lots into one single lot, a LWDD to convey an easement and a Planning condition to identify pedestrian connectivity to the residential development to the south at the time of submittal of a site plan. 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 located on an arterial thoroughfare near established commercial nodes. The surrounding area consists of commercial, single-family, and multi-family uses. The site provides a transition from the intense commercial uses to the east to the multi-family residential uses to the south and west. The abutting residential uses to the south and west will also be protected by an existing six foot wall and a required a minimum Type II Incompatibility buffer, when development is proposed. 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: Most of the site has previously been cleared for residential purposes. The remaining native trees shall be incorporated into the final site plan or mitigated on the site. 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 ZC December 5, 2014 Page 3

4 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 from the CHO Zoning District and the AR Zoning District to the CC Zoning District will not alter the existing development pattern and will result in a logical, orderly, and timely development pattern at this portion of Hypoluxo Road. 6. Adequate Public Facilities The proposed amendment complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS The Property Owner has estimated the build-out of the project to be December 31, This is a Zoning change only application and no specific site plan was submitted with the application. The traffic study was based on 26,000 sf of retail land use. With this land use assumption, the expected daily traffic is 1,333 and PM peak hour trip is 115. 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. There is an approved commercial project on the north side of Hypoluxo Rd, right across this property (currently vacant). In the future, when the proposed project (Dazco Center) submits a site plan, a condition of approval will be added to participate in a cost sharing arrangement to install a traffic signal at its driveway, aligning with Adonis Drive. This intersection of Hypoluxo Rd and Adonis Dr will serve both commercial properties. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Hypoluxo Rd from Haverhill Rd to Military Trail Existing count: Eastbound=1754, Westbound=1312 Background growth: Eastbound=489, Westbound=516 Project Trips: Eastbound=33, Westbound=30 Total Traffic: Eastbound=2276, Westbound=1858 Present laneage: 6 Lanes Assured laneage: 6Lanes LOS "D" capacity: 2,940 vehicles per hour (directional) Projected level of service: LOS D or better A Condition of Approval is proposed to reflect available capacity of public facilities. Prior to issuance of the first building permit, the Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis. FIRE PROTECTION: No Staff Review Analysis. SCHOOL IMPACTS: No Staff Review Analysis. PARKS AND RECREATION: No Staff Review Analysis. LAKE WORTH DRAINAGE DISTRICT (LWDD): A Condition of Approval is proposed to reflect available capacity of public facilities. The Property Owner shall convey an additional easement for the new alignment for the L-18 Canal. (LWDD Condition 1) 7. Changed Conditions or Circumstances There are demonstrated changed conditions or ZC December 5, 2014 Page 4

5 circumstances that necessitate the amendment. The proposed CC Zoning District is appropriate for the subject property. Subject to BCC approval of the preceding Small Scale Amendment application to change the land use designation, the subject property will need to be rezoned to a less intense commercial zoning district. These are the changed circumstances that necessitate the amendment. A COZ was approved with the previous rezoning, and Staff has found a COZ is necessary for the proposed zoning district. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-7 and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, Staff is recommending approval of the zoning change. ZC December 5, 2014 Page 5

6 CONDITIONS OF APPROVAL EXHIBIT C Official Zoning Map Amendment with a Conditional Overlay Zone ENGINEERING 1. Prior to issuance of the first building permit, the Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) LAKE WORTH DRAINAGE DISTRICT 1. Prior to platting or the issuance of any LWDD permits the Owner shall convey an easement for the South 12 feet of the North 92 feet for the West feet of the referenced property for the new alignment for the L-18 Canal. (PLAT: ENGINEERING - Lake Worth Drainage District) PLANNING 1. At the time a site plan is submitted, the site plan shall identify the area for the proposed pedestrian connection to the existing pedestrian connection in the residential development on the southern portion of the site. (DRO: PLANNING - Planning) 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: 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: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC December 5, 2014 Page 6

7 Figure 1 - Land Use Map ZC December 5, 2014 Page 7

8 Figure 2 - Zoning Quad Z Dazco Center ZC December 5, 2014 Page 8

9 Figure 3 - Aerial ZC December 5, 2014 Page 9

10 Figure 4 Boundary Survey dated September 22, 2014 ZC December 5, 2014 Page 10

11 Exhibit D Disclosure ZC December 5, 2014 Page 11

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