PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ABN/DOA Control No.: Applicant: Indranie Enterprises Inc Owners: Indranie Enterprises Inc Marjorie Pulice Agent: William Burkhart Telephone No.: (561) Project Manager: Douglas Robinson, Site Planner I Location: Northeast corner of Industrial and Military Trail (Square Lake Office) TITLE: a Development Order Abandonment REQUEST: to allow a Legislative Abandonment of the medical/dental office granted under Resolution ZR TITLE: a Development Order Amendment REQUEST: to delete Conditions of Approval APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Square Lake Plaza. The 1.9-acre parcel was approved by the Board of County Commissioners on July 6, 2000 for a rezoning from General Commercial (CG) to Community Commercial (CC) and a Class B Conditional Use (CB) to allow a medical/dental office. The applicant is requesting a Legislative Abandonment of the 9,919 square foot medical/dental office approval and is requesting a charter school, through a subsequent DRO application within the same structure. One access point to the site will remain from Military Trail. ISSUES SUMMARY: o Project History The overall Square Lake office parcel is 1.19-acres in size. The total square footage of 9,919 was approved on July 27, 2000 by the Board of County Commissioners to allow a rezoning and by the Zoning Commission (Class B Conditional Use) on July 6, 2000 to allow a medical/dental office use. Final Site Plan approval was received September 12, o Changed Circumstances Square Lake office is a vacant structure with an approval as a Class B Conditional Use for a medical/dental office. There was no longer an interest in a property owner to pursue a medical/dental office use, although the approval was supported by the ZC. The applicant has a representative for a charter school interested in this property. A charter school is classified as a public/civic use in the ULDC and is permitted in the CC Zoning District subject to DRO approval. An abandonment of the medical/dental office use is required prior to DRO approval of another use. ZC June 4, 2009 Page 104

2 TABULAR DATA EXISTING PROPOSED Property Control Same/New Number(s) Land Use Commercial Low, with an Same Designation: underlying LR-1 (CL/1) Low Residential (LR-1) Zoning District: Community Commercial Same District (CC) Residential Estate District (RE) Tier: Urban/Suburban Same Use: Medical or Dental Office School, Secondary (Charter School pending DRO approval) Acreage: 1.19 acres Same Gross Floor Area: 9,919 square feet Same Parking: 50 spaces 42 spaces Access: Military Trail (1) Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received several calls in opposition to the subsequent DRO Charter school application. At the time of publication, staff had received 0 contacts from the public regarding this project. RECOMMENDATION: Staff recommends approval of a Development Order Abandonment to abandon the medical/dental office granted under Resolution ZR subject to no Conditions of Approval. MOTION: To adopt a resolution approving a Legislative Abandonment of the medical/dental office granted under Resolution ZR MOTION: To adopt a resolution approving a Development Order Amendment to delete Conditions of Approval ZC June 4, 2009 Page 105

3 Figure 1 Land Use Atlas Map ZC June 4, 2009 Page 106

4 Figure 2 Zoning Quad Map ZC June 4, 2009 Page 107

5 Figure 3 Aerial ZC June 4, 2009 Page 108

6 Figure 4 Final Site Plan dated 7/28/2004 ZC June 4, 2009 Page 109

7 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial Low with an underlying Low Residential 1 unit per acre (CL/1). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject property is located within the future annexation area of the City of Palm Beach Gardens. INTERGOVERNMENTAL COORDINATION: The subject property is located within one mile of the City of Palm Beach Gardens. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to abandon the current approval for a Medical Office and add a Charter School at final site plan, which is permitted by DRO approval. Staff has found it to be consistent with the property's CL/1 FLU designation. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: None. FINDINGS: The request is consistent with the CL/1 land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: ENGINEERING RELATED PERMITS: This appication is for the abandonment of a previous approval and no site improvements are proposed. A permit from Florida Department of Transportation will be required for any future modifications to the access along Military Trail. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: No Staff Review Analysis OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: Concurrency remains for the existing 9,919 square feet for Commercial uses and will be amended at final DRO to indicate a 9,919 proposed Charter School. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). ZC June 4, 2009 Page 110

8 FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a development order application for a conditional or requested use, or a development order amendment, the BCC and ZC shall consider standards 1 9 indicated below. A conditional or requested use, or development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.1.B and provides the following assessment: 1. Consistency with the Plan The proposed amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The Planning Division has reviewed the requests to abandon the current approval for a medical/dental office and has found it to be consistent with the property's CL/1 FLU designation. 2. Consistency with the Code - The amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The medical/dental office is a requested use and in order for the subsequent DRO application to be approved, abandonment of the requested use has to occur first. The proposed abandonment of the medical/dental office is consistent with the ULDC. 3. Compatibility with Surrounding Uses The amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. To the west is residential, which is located directly behind the Square Lake Office. To the east across Military Trail is an elementary school, and to the north and south are commercial uses. 4. Design Minimizes Adverse Impact The abandonment does not affect the existing design. The site may be modified through a subsequent DRO approval. 5. Design Minimizes Environmental Impact The abandonment will have no impact environmentally. Final Site Plan review of the proposed use will occur through a subsequent application. 6. Development Patterns The development pattern is already established by the existing commercial and institutional uses. The proposed DOA and abandonment does not affect development patterns in the area. 7. Consistency with Neighborhood Plans N/A 8. Adequate Public Facilities The proposed change in use will use existing facilities and services within the service area and will comply with Art. 2.F, Concurrency. 9. Changed Conditions or Circumstances Square Lake office is vacant with an approval for a medical/dental office use. There was no longer an interest to pursue a medical/dental office use, although the approval was supported by the ZC. The applicant has a representative for a charter school interested in this property which is classified as a public/civc use in the ULDC and permitted in the CC Zoning District subject to DRO approval. An abandonment of the medical/dental office use is required before a DRO approval for an alternative use. ZC June 4, 2009 Page 111

9 Disclosure Owner page 1 ZC June 4, 2009 Page 112

10 Disclosure Owner page 2 ZC June 4, 2009 Page 113

11 Disclosure Owner page 3 ZC June 4, 2009 Page 114

12 Disclosure Owner page 4 ZC June 4, 2009 Page 115