PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: Z2002-051 Petitioner: Rene & Gina Tercilla Owner: Rene & Gina Tercilla Agent: Rene & Gina Tercilla Telephone No.: (561) 478-4457 Project Manager: Joyell Shaw, Planner I Location: Southwest corner of Cleary Road and Wilson Road (Tercilla Rezoning). TITLE: Official Zoning Map Amendment REQUEST: Rezoning from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District. PETITION SUMMARY: Proposed is the rezoning of a 4.05-acre parcel from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District for the development of two residential lots. Access to the site will be from Cleary Road and Wilson Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined the request is consistent with the Low Residential (LR-1) Future Land Use designation. The site is also located in the Urban/Suburban Tier. See planning comments for additional information. o Compatibility with Surrounding Land Uses The site is located at the southwest corner of Cleary Road and Wilson Road. There are existing single-family residences to the north, south, east, and west of the site. Staff does not anticipate any adverse impacts to the surrounding properties from this request subject to the conditions of approval. o Traffic The Palm Beach County Engineering Department estimates this request will generate 10 trips per day. o Conditional Overlay Zone Staff is recommending a Conditional Overlay Zone (COZ) in addition to the rezoning request to ensure compliance with the recommended Engineering and Environmental Resources Management conditions. These conditions required the conveyance of additional right-of-way and the protection of existing vegetation on the site. The petitioner has agreed to the COZ. Petition Z2002-051 BCC District 6 Page 3
TABULAR DATA Property Control Number(s) Land Use Designation: Zoning District: EXISTING 00-42-43-27-05-012- 0013 Low Residential 1 (LR-1) Agricultural Residential (AR) PROPOSED Same Same Residential Transitional (RT) Use: Single family Two Single Family Residences Acreage: 4.05 acres 1.5 acres (first lot) and 2.55 acres (second lot) Dwelling Units: 1 2 (+1) Access: Cleary Road (1) Cleary Road (1) and Wilson Road (1) PUBLIC COMMENT SUMMARY: At time of publication, staff received no response from the public. RECOMMENDATION: Staff recommends approval of the request, subject to 7 conditions as indicated in Exhibit C. MOTION: To recommend approval for the rezoning from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District with a Conditional Overlay Zone (COZ). Petition Z2002-051 BCC District 6 Page 4
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AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT Petition Z2002-051 BCC District 6 Page 7
SITE PLAN Petition Z2002-051 BCC District 6 Page 8
SURVEY Petition Z2002-051 BCC District 6 Page 9
PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 1 (LR-1) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District. The maximum amount of units potentially allowed are calculated as follows: 4.053 acres X 1 du/ac = 4 units maximum (standard (non-pud) The proposed rezoning request is consistent with the LR-1 FLU designation of the Comprehensive Plan. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area, within one mile, of the City of Greenacres. As part of the public hearing notice process, Zoning Staff has notified the City of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the LR-1 land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is an additional 10 trips/day. TRAFFIC: Jog Road SEGMENT: Pioneer Road - Southern Boulevard PRESENT: 35,026 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 10 TOTAL: PRESENT CAPACITY AT LEVEL OF SERVICE "D": 48,900 PRESENT LANEAGE: 6 Lane PALM BEACH COUNTY HEALTH DEPARTMENT: Net Useable Land is defined as the total area of the lot less all street, wet areas, canals, right-of-ways, drainage easements and other impairments to the owner s unrestricted use of the property as a building site. One net useable acre of land is required when a well and onsite sewage treatment and disposal system (OSTDS) is required. Petition Z2002-051 BCC District 6 Page 10
The well and OSTDS must be permitted prior to issuance of a building permit. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently occupied with a single-family residence and contains native vegetation. The native vegetation is Slash pine, Live oak Cabbage palm, which shall be incorporated into the site plan when one is proposed. 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. 93-3. 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. 93-15. 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: In accordance with the adopted school concurrency program, an application to allow the subdivision of the subject property to accommodate 2 single-family dwelling units was submitted to the School District. The School Concurrency Determination was approved for this project on September 19, 2002. PARKS AND RECREATION: No comments received. CONCURRENCY: A Concurrency Reservation, 20020130, exists for 2 singlefamily dwelling units. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 4.05-acre site, approximately 645 feet in width with an average depth of 330 feet accessed by Cleary Road and Wilson Road. The site currently supports a single-family. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Low Residential 1 (LR-1) Zoning District: Agricultural Residential (AR) Supporting: Residential SOUTH: Comprehensive Plan: Low Residential 1 (LR-1) Petition Z2002-051 BCC District 6 Page 11
Zoning District: Supporting: Residential Estate (RE) Residential EAST: Comprehensive Plan: Low Residential 1 (LR-1) Zoning District: Agricultural Residential (AR) Supporting: Residential WEST: Comprehensive Plan: Low Residential 1 (LR-1) Zoning District: Agricultural Residential (AR) Supporting: Residential ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC) a final site plan shall be certified by the Development Review Committee (DRC). The DRC review will assure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC. FINDINGS: The request is consistent with the ULDC and the stated purpose and intent of the ULDC. The request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. The request is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property and the appropriate zoning district for the subject property. Conditions in the area of the subject property have changed to the extent to warrant the request. The proposal complies with all relevant and appropriate portions of Sec. 6.6 (Supplementary Regulations) of the ULDC. The design of the proposed use should minimize any adverse effects on adjacent lands. The request will result in a logical, timely and orderly development pattern. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report Petition Z2002-051 BCC District 6 Page 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 October 7, 2002 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. ENVIROMENTAL 1. All existing native vegetation 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) C. SCHOOL BOARD 1. The property owner shall post a notice of annual boundary school assignments for students from this development. A sign 11" X 17" shall be posted in a clear and visible location in all sales offices and models with the following: There is no Condition D. E. ENGINEERING "NOTICE TO HOME BUYERS/TENANTS" School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s). (ONGOING: SCHOOL BOARD- School Board) 1. Prior to the recordation of the plat or recordation of a plat wavier as determined by the County Engineer the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional right of way for a twenty five foot "Corner Clip" at the Intersection of Cleary Road and Wilson Road. Property owner 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. (PLAT: ENGINEERING-Eng) 2. Prior to issuance of the next Building Permit the Developer shall plat or record a plat waiver as determined by the County Engineer for the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) F. 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) Petition Z2002-051 BCC District 6 Page 13
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. (MONITORING) Petition Z2002-051 BCC District 6 Page 14
EXHIBIT D ACCIDENT HISTORY REPORT Petition Z2002-051 BCC District 6 Page 15