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.: DOA Control No.: Petitioner: Acts II Assembly of God, Inc. Owners: Acts II Assembly of God, Inc. Agent: Land Research Management, Inc. - Kevin McGinley Telephone No.: (561) Project Manager: Josh Nichols, Planner I Location: Approximatley 1,200 feet west of Folsom Road on the south side of Okeechobee Blvd (Acts II Assembly of God). Title: Development Order Amendment. Request: To reconfigure site plan and add square footage to a previoulsy approved Special Exception for a church or place of worship. PETITION SUMMARY: Proposed is a Development Order Amendment for the Acts II Assembly of God Church. The 5-acre site was previously approved by the Board of County Commissioners on in 1985 for a place of worship. The petitioner is requesting to add 4,448 square feet to the approved 17,744 square feet for a total of 22,192 square feet. The site curretly supports a 10,432 square foot fellowship hall and a 1,240 square foot temporary modular structure. The remaining approved square footage and proposed additional square footage (11,760 square feet) will comprise of a 7,350 square foot sanctuary, and a 4,410 square foot administrative/reception area. The site plan also indicates 188 parking spaces and access to the site will remain from Okeechobee Boulevard. ISSUES SUMMARY: o Consistency with Comprehensive Plan The planning division has determined that the proposed amendment is consistent with the site s Rural Residential (RR-5) Future Land Use designation. o Compatibility with Surrounding Land Uses To the north of the subject property is vacant residentially zoned property. To the south of the subject site currently exists residential uses. To the west of the site is a church and to the east is a general retail use. Subject to conditions of approval staff does not anticipate any adverse impacts due to the request. o Traffic The Engineering Department estimates that the proposed development will generate 56 additional trips per day. o Landscape/Buffering The site plan indicates a 25-foot Right-of-Way buffer along Okeechobee Boulevard. Buffers along the west and east property lines have been upgraded to 10-foot 68

2 compatibility buffers. A 15-foot incompatibility buffer has been provided along the south property line abutting residential. o Signs No new signage has been proposed under this application. Any new signage shall comply with Article 8 of the ULDC. o Development Order Amendment Changed Circumstances The applicant indicated that the church congregation has grown sufficiently to justify the construction of the new sanctuary and administrative offices. The existing sanctuary and hall were deemed too small to accommodate the expansion of the church ministries and congregation. TABULAR DATA APPROVED PROPOSED Property Control Same Number(s) Land Use Rural Residential (RR-5) Same Designation: Zoning District: Agricultural Residential Same District (AR) Tier: Rural Same Use: Church or Place of Worship Same Acreage: 5 acres Same Floor Area: 17,744 square feet 22,192 square feet (+4,448) Building Coverage: 8% 10% (+2%) FAR:.1.1 Parking: 134 spaces 171 spaces (+37) Access: Okeechobee Boulevard Same CODE ENFORCEMENT: Not applicable. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no letters from the public. RECOMMENDATION: Staff recommends approval of the request subject to XXX conditions of approval. MOTION: To recommend approval of a Development Order Amendment to reconfigure the site plan and add square footage to a previoulsy approved Special Exception for a church or place of worship. 69

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4 Quad map 71

5 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 72

6 SITE PLAN DATED MARCH 14,

7 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Rural Residential 5 (RR-5) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The site was one of many properties in Loxahatchee Groves that was the subject of a previous Large Scale Comprehensive Plan Amendment 01-54,55,61,62 RR 1 (Rural FLUA Revisions - Loxahatchee Groves, ORD ), to change the FLU designation from Rural Residential, 1 unit per 10 acres (RR-10) to Rural Residential, 1 unit per 5 acres (RR-5). The Board of County Commissioners (BCC) adopted this amendment on December 5, The Planning Division has reviewed the request to reconfigure the site plan and add square footage to a previously approved Special Exception for a church or place of worship and determined the development proposal is appropriate for this parcel's RR-5 FLU designation. FLUE Policy b states, Institutional and Public Facility uses [such as places of worship] may be allowed in all future land use designations... The proposed request is also consistent with the maximum Floor Area Ratio (FAR) of.20 for a non-residential use with a RR-5 FLU designation. For this 5.01 acre site, the site could develop with a maximum of 43,647 square feet at the.20 FAR. The applicant has requested a FAR of approximately 0.10 or 22,192 square feet for this site. TIER: The subject property is in the Rural Tier. Any proposed development located within the Rural Tier is subject to policies in the Comprehensive Plan regarding the presentation and orientation of said development. FLUE Policy 1.4-i states, Where feasible considering the existing development pattern, the County shall promote the development of central community places by clustering and co-locating neighborhood commercial uses, day care, places of worship, and public community-serving uses which may include, but are not limited to, a mix of government satellite offices, meeting space, schools, parks and recreation facilities, and libraries. Within these central community places, buildings should be sited to form a public common or green space for community use. Site planning, building orientation, architectural treatment, and landscaping of non-residential development should reflect the character of a rural community. FLUE Policy 1.4-j also states, Future development in the Rural Tier shall be consistent with native ecosystem preservation and natural system restoration. In accordance with these policies, over fifty percent (50%) of the site area has a pervious surface which is consistent with the intent of the above policies. Over 50% of the site also reflects a parking surface (grass parking) that conforms to the above policies. Of the 188 parking spaces provided, 91are paved. In addition, since the subject site is located within the Rural Tier, the proposed building shall comply with the Rural Design Guidelines of ULDC Article 5. Therefore, the site plan generally furthers policies in the Plan regarding institutional uses in the Rural Tier. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The site is within one mile of the Village of Royal Palm Beach. As part of the public hearing notice process, Zoning Staff has notified the Village of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject site is located in the Loxahatchee Groves Neighborhood Plan (LGNP). Planning staff reviewed the request and determined the following recommendations of the LGNP apply to the proposed request: 74

8 Rec. 1: states that in addition to residential uses, Palm Beach County should consider low impact non-residential uses on Okeechobee Boulevard. The recommendation includes the following standards that projects need to meet in order to address their impacts on the community: Rec. 1, Item 1: states that the depth of non-residential uses shall not exceed 660 feet from Okeechobee Boulevard. According to the applicant's site plan, the maximum depth of the subject parcel is 565 feet. As a result, the proposal is consistent with this recommendation. Rec. 1, Item 2: requires that the rear fifty feet of the property shall be landscaped and fenced or walled to provide a 100 percent opaque barrier The recommendation states that opacity can be provided by either: 1) landscaping; and 2) a fence or a wall in the rear 50 feet of the property. The applicant's proposal includes a 50 foot setback with a 10 foot landscape buffer on the rear of the property as well as a 4 foot wire fence. However, there is no description on the level of opacity of this buffer. Therefore, staff will condition the project in order to ensure that this buffer will comply with the 100 percent opacity that is required by the Neighborhood Plan. Rec. 1, Item 3: states access to the site shall be limited to Okeechobee Boulevard or Southern Boulevard. The applicant's proposed site plan shows access to the site from Okeechobee Boulevard. As a result, the proposal is consistent with this recommendation. Rec. 2: calls for the retention of the AR zoning. This proposal accomplishes this objective. Rec. 3: states that the Loxahatchee Groves Landowners Association should be notified of any non-residential land use permit with this area. Prior to scheduling of a Public Hearing, the applicant will be required to provide documentation to the Planning Division that the Landowners Association has been notified of this project and any comments that may have shall be included. The project as conditioned herein is consistent with the Loxahatchee Groves Neighborhood Plan. The subject property is also located within the boundaries of the Central Western Communities Sector Planning Area (CWCSP). The BCC transmitted the proposed Sector Plan Overlay to the state, as part of Amendment Round 05-1, on April 16, The proposed overlay does not contain specific recommendations for this property. FINDINGS: The request is consistent with the RR-5 land use designation of the Palm Beach County Comprehensive Plan. As conditioned, the site plan generally furthers policies in the Plan regarding institutional uses in the Rural Tier. The subject request is not inconsistent with the Sector Planning effort since this effort is ongoing and it has not yet resulted in the adoption of a conceptual plan overlay for the area. The request, as conditioned herein, is consistent with the Loxahatchee Groves Neighborhood Plan. ENGINEERING COMMENTS: LOCATION: South side of Okeechobee Boulevard; 1/4 mile west of Folsom Road MAJOR THOROUGHFARES Total traffic from the existing church is 97 trips/day. Net increase is expected to be 56 trips/day. Required Engineering Related Permits: 75

9 The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. TRAFFIC: Okeechobee Boulevard SEGMENT: Project Entrance - Folsom Road PRESENT: 17,300 HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: Additional 40 trips/day TOTAL: 17,340 PRESENT CAPACITY AT LEVEL OF SERVICE D : 15,400 PRESENT LANEAGE: 2 Lane 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. WASTEWATER: Wastewater 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 an existing church but contains native vegetation. Native vegetation consists of Slash pine, Live oak, Cabbage palm and Cypress. Many of the trees have been incorporated into the site plan. 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: N/A PARKS AND RECREATION: N/A CONCURRENCY: Concurrency has approved for a 22,192 square foot church with 500 seats. 76

10 WATER/SEWER PROVIDER: Water and sewer will be provided by Royal Palm Beach. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 5.01-acre site, 386 feet in width with an average depth of 565 feet accessed by Okeechobee Boulevard. The site currently supports a church or place of worship. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Rural Residential (RR-5) Zoning District: Agricultural Residential District (AR) Supporting: Vacant SOUTH: Comprehensive Plan: Rural Residential (RR-5) Zoning District: Agricultural Residential District (AR) Supporting: Single-family residential EAST: Comprehensive Plan: Commercial Low, with an underlying RR-10 (CL/RR-10) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Commercial, retail petition 88-53(D) WEST: Comprehensive Plan: Rural Residential (RR-5) Zoning District: Agricultural Residential/Special Exception (AR/SE) Supporting: Place of Worship Petition ZONING REQUIREMENTS: A 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 all applicable section of the ULDC. FINDINGS: 1. Consistent with Comprehensive Plan. The proposed conditional use 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. Supplementary Use Standards. The proposed conditional use complies with all relevant and appropriate portions of Article 4.A, Supplementary Regulations of the Code; 3. Compatibility. The proposed conditional use 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. The design of the proposed conditional use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands; 5. Adequate Public Facilities. The proposed conditional use complies with Article 2.F, CONCURRENCY (Adequate Public Facilities); 77

11 6. Design Minimizes Environmental Impact. The proposed conditional use minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. 7. Development Patterns. Whether and the extent to which the proposed development will result in logical, timely and orderly development patterns. 8. Other Standards. The proposed conditional 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. The applicant has met with the Loxahatchee Groves community prior to public hearings, the proposal has met all of the community s requirements additionally the applicant has agreed to provide the Loxahatchee Groves Board with elevations prior to final site plan approval. 10. Changed Circumstances. The church congregation has grown sufficiently to justify the construction of the new sanctuary and administrative offices. The existing sanctuary and hall were deemed too small to accommodate the expansion of the church ministries and congregation. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report 78

12 EXHIBIT C CONDITIONS OF APPROVALS NOTE: All previous conditions of approval are shown in BOLD and will be carried forward wit this petition unless expressly modified. ALL PETITIONS 1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R (Petition ), R (Petition (A)), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning) 2. Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved site plan is dated March 14, 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. (DRO: ZONING - Zoning) 3. Previous Condition 3 of Resolution R , Petition (A), which currently states: The petitioner shall continue to be bound by conditions one through five of Resolution No. R (approving Zoning Petition ). Is hereby deleted. [Reason: Not Applicable]. 4. Previous Condition 4 of Resolution R , Petition (A), which currently states: The petitioner shall present a notarized Affidavit of Disclosure at the Zoning Authority Meeting. Is hereby deleted. [Reason: Not Applicable]. BUILDING AND SITE DESIGN 1. Use of this church shall be restricted to the use of this congregation or other congregations. It shall not be made available for rental use as a commercial enterprise. (ONGOING:CODE ENF-Zoning) (Previous Condition 8 of Resolution R , Petition (A) 2. Previous Condition 1 of Resolution R , Petition (A), which currently states: Prior to site plan certification the plan shall be revised to reflect the following: a. Correct delineation of the base building lines. b. A front setback of 100 feet or variance relief shall be obtained from the Board of Adjustment. c. Accommodation of required landscaping outside of the public rights-of-way. 79

13 Is hereby deleted. [Reason: Completed/Code requirement]. 3. Previous Condition 6 of Resolution R , Petition , which currently states: ENGINEERING Prior to site plan certification, the developers shall submit a revised site plan denoting all required parking to be paved, or secure variance relief from the Board of Adjustments to permit grass parking. Is hereby deleted. [Reason: Code Requirement]. 1. The property owner shall be permitted only one access onto Okeechobee Road. (ONGOING:CODE ENF-Eng) (Previous Condition 7 of Resolution R , Petition (A). 2. Previous Condition 5 of Resolution R , Petition (A), which currently states: Drainage for the entire site, including building pad elevations shall be per the South Florida Water Management District s western C-51 Basin Management Report Proof of compliance with this condition shall be furnished to Palm Beach County Engineering Department with a copy furnished to S.F.W.M.D. prior to issuance of a Building Permit. Is hereby deleted. [Reason: Drainage is now code requirement] 3. The developer shall construct a left turn lane east approach on Okeechobee Road at the project s entrance road concurrent with the construction of Phase II (more than 10,432 square feet of Building Area). (BLDG PERMIT:MONITORING-Eng) (Previous Condition 2 of Resolution R , Petition (A) 4. The developer shall pay a Fair Share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance as it presently exists or as it may from time to time be amended, Presently the Fair Share Fee for this project is $ (Previous Condition 5 of Resolution R , Petition ) 5. Previous Condition 4 of Resolution R , Petition , which currently states: The development shall retain onsite 85% of the stormwater runoff generated by a three (3) year one hour storm per requirements of the Permit Section, Land Development Division. Is hereby deleted. [Reason: Drainage is now code requirement]. 6. 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 May 26, A time extension for this condition may be approved by the County Engineer 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 Section E of the Unified Land Development Code. (DATE: MONITORING- Eng) 80

14 7. The property owner shall convey to Palm Beach County Land Development Division by warranty deed for Okeechobee Boulevard, 60 feet from centerline on or before January 1, 2006, or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage and 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 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. (DATE/BLDG. PERMIT: MONITORING-Eng) 8. The Concurrency approval is subject to the project aggregation rule set forth in the Traffic Perfomance Standards Ordinance. (ONGOING: ENG - Eng) ENVIRONMENTAL HEALTH 1. All existing native vegetation, including understory, depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. (ONGOING:ERM-Erm) 1. Reasonable precautions shall be exercised during site development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties. (ONGOING:CODE ENF-Health)(Previous Condition 2 of Resolution R , Petition ) 2. Reasonable measures shall be employed during site development to unsure that no pollutants from this property shall enter adjacent or nearby surface waters. (ONGOING:CODE ENF-Health) (Previous Condition 3 of Resolution R , Petition ) LANDSCAPING 1. Wherever possible and shall incorporate said vegetation into the project design. Appropriate measures shall also be taken to protect these preservation areas during site clearing and construction. (CO:ZONING-Landscape) (Previous Condition 1 of Resolution R , Petition ) 81

15 PLANNING 1. Prior to final site plan approval by the Development Review Officer (DRO), the site plan shall be revised to indicate that the rear fifty (50) feet of the property shall provide a 100 percent opaque barrier. Opacity can be provided by either: 1) landscaping; and 2) a fence or a wall. (DRO:PLANNING-Planning) ZONING USE LIMITATION 1. Previous Condition 6 of Resolution R , Petition (A), which currently states: There shall be no use of outdoor sound amplification systems on this site. This requirement shall become effective immediately upon approval of this special exception. Is hereby amended to read: Outdoor speaker or public address systems shall not be permitted on the property. (ONGOING: CODE ENF - Zoning) 2. Accessory outdoor uses such as temporary sales events shall be limited to a maximum of three (3) events per year, and shall be setback a minimum of one hundred (100) feet from the north and west property lines. No temporary amusements or special events are permitted on the property. (ONGOING: CODE ENF - Zoning) 3. On-site parking shall be limited to the araes designated on the site plan dated March 14, No parking shall be permitted in the retention areas or lanscape buffers. This condition shall also be applicable to special events pursuant to Use Limitation Condition 2. (ONGOING: CODE ENF - Zoning) 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 subjectproperty 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 82

16 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 Article 2.E 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) 83

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