PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: Z-2008-01669 Control No.: 1976-00101 Applicant: Palm Beach County Owners: FIND Palm Beach County Port Of Palm Beach Port Of Palm Beach District Lessor Agent: Palm Beach County - Audrey Wolf Telephone No.: (561) 233-0204 Project Manager: Donna Adelsperger, Site Planner I Maryann Kwok, Chief Planner Location: Approximately 0.1 mile south of Blue Heron Boulevard and approximately 1,000 feet northeast of the Port of Palm Beach and 1,500 feet due west of Lake Worth Inlet (Peanut Island Rezoning). TITLE: An Official Zoning Map Amendment REQUEST: to allow a rezoning from the Preservation/ Conservation (PC) Zoning District to the Public Ownership (PO) Zoning District. APPLICATION SUMMARY: Palm Beach County (PBC) is proposing to rezone the 84-acre Peanut Island from the Preservation/Conservation Zoning District to the Public Ownership (PO) Zoning District to be consistent with the site's Parks and Recreation (PARK) and Spoils (SPOIL) Future Land Use (FLU) designations. The site currently supports an existing park campground, trails, boat docks, spoils deposit area, Coast Guard Station and the Palm Beach Maritime Museum; all of which will remain. Access to the island is from the intracoastal waterway. ISSUES SUMMARY: o Project Background Peanut Island is an 84-acre island formed by the deposit of dredge material removed from the Port of Palm Beach ship channel and turning basin, and the intracoastal waterway of Lake Worth. The island is located within unincorporated Palm Beach County, immediately north of the ship channel, Town of Palm Beach to the southeast, Town of Palm Beach Shores to the east and the City of Riviera Beach to the west. The island is currently used for several purposes. Its entire central portion is designated for soil and sand deposits (spoil) from the channel floor. The island s perimeter contains a continuous park and walkway circling the island. On the island s northeast side, there are restrooms, a campground, picnic tables, a dock for boating, and related support facilities. On the island s southern perimeter lies the former United States Coast Guard station (built in the 1920s and closed in 1995), a boat dock, and the restored John F. Kennedy Bunker, which was constructed in 1961 as a place where President Kennedy could have taken refuge during any nuclear emergency. Ownership patterns and leasing arrangements on the island are divided. The 40-acre southern half of Peanut Island is owned by the Port of Palm Beach. A 4.4-acre tract on the island s southern extreme is leased by the Port to the Palm Beach Maritime Museum. As referenced above, it contains the former Coast Guard station, dock, and bunker. In 1994, ownership of the island s northern 40 acres (including half of the spoil area) was transferred ZC February 5, 2009 Page 138
from the Port to the Florida Inland Navigation District (FIND). The County owns a 3-acre coastal wedge of land (now occupied by the campground) in the northeastern area of the island. In the mid-1990s, both the Port and FIND entered into long term agreements with Palm Beach County to lease the perimeters of their respective holdings for development of a public, passive park. This resulted in the construction of the island s perimeter walkway. The 1980 Palm Beach County Comprehensive Plan designated the entire island Conservation (CON). This designation was not changed with the adoption of the 1989 Comprehensive Plan. In 1995, FIND questioned the CON designation and its appropriateness for a spoil site, noting ss 163.3178(7), F.S. This resulted in a subsequent County initiated land use amendment (See Consistency for Comprehensive Plan for additional information). In the Port s 1995 master plan (and the 1996 revised edition), the text calls for Peanut Island to be developed as an educational and tourist attraction., and this is being done by the creation of the Palm Beach Maritime Museum. A provision mandating consistency with the Port s master plan was incorporated into the Transportation Element of the County s Comprehensive Plan in 1997, creating an inconsistency between the Transportation Element and the Future Land Use Atlas. In 2000, the Port amended its lease with the Maritime Museum to permit the construction of a restaurant on Peanut Island. Review of the proposed restaurant revealed the inconsistency between the Future Land Use Atlas and the Transportation Element. When this inconsistency was called to the attention of the Board of County Commissioners (BCC), they directed that no restaurant or other commercial uses should be permitted on Peanut Island, and further directed that the Comprehensive Plan clearly establish this via policies that govern future land use. (These policies for the Port of Palm Beach was subsequently relocated under the Coastal Management Element of the Comprehensive Plan under Policies 4.1-a through 4.1-d). In 2001, the BCC has held several workshops on Peanut Island. At these workshops, the BCC and the Town of Palm Beach expressed concern over commercial uses, and restaurants in particular. They do not want to see over-commercialization of the island, which could result in the expansion or extension of water or wastewater services. Further, the City of Riviera Beach has expressed concerns over providing police and fire-rescue services to the island. The BCC has determined that prohibiting commercial uses is the best approach to reducing the demand on all services to Peanut Island. On June 11 2001, John Grant, the Museum s President wrote to the Planning Director regarding their concerns with the imposed restrictions on commercial uses (See Exhibit D). He indicated that the Museum s use rights as previously established should be grandfathered into the land use amendment. o Previous Land Use Amendment and Consistency with Comprehensive Plan The 2001 County-initiated land use amendment for the island was to correct an error under previous amendment. The entire island was designated as CON even though the activities on the island were historically for spoil deposits. The change in land use designation from CON to PARK and SPOIL is intended to address this inconsistency. At the BCC Transmittal hearing of this amendment on August 14, 2001, the discussion was mainly on the types of uses that are allowed in the PARKS land use designation, the BCC and interested parties focused on the issue whether a gift shop and vending machines or ancillary uses would be prohibited, and clarification as to which type of acttivities would be considered commercial/retail uses. The adjacent municipalities generally spoke in support of the land use amendment. However, some representatives stated that commercial facilities would not be compatible with the lagoon or the existing septic system and have concerns regarding some of the activities that would be allowed under the new land use (PARKS AND SPOILS) and proposed zoning district (Public Ownership). A representative of the Maritime Museum asked for clarification as to definition of commercial/retail activities. He also indicated that revenue from the Museum is needed for maintenance and preservation of the facility and urged the BCC to allow some accessory retail uses. The BCC voted for transmittal of this amendment. ZC February 5, 2009 Page 139
On December 5, 2001, the BCC adopted the Plan Amendment (ORD. 2001-083) with a Use Limitation condition, which states: All Commercial retail uses, including restaurants, on the site shall be prohibited. Planning Division staff indicated that this condition would not apply to the gift shop associated with the Maritime Museum, since a gift shop is allowed as an accessory use to a museum. At the Adoption hearing, the BCC again clarified the type of uses allowed on the island and prohibit commercial uses including a restaurant. The Planning Division Staff has reviewed the current County-iniated rezoning application and has determined that the request to rezone the island to the PO Zoning District is consistent with this parcel s PARK and SPOIL FLU designations. o Compatibility with Surrounding Land Uses The subject site is located within one mile of the City of Riviera Beach, Town of Palm Beach, and the Town of Palm Beach Shores. Subject to the recommended conditions of approval, staff does not anticipate any negative impact from the proposed rezoning. (See below for further discussion on use limitation and outdoor amplification). o June 2002 Zoning Commission Hearing Amendments /Recommendation of Conditional Overlay Zone (COZ) for the Rezoning The original rezoning application was presented to the Zoning Commission on June 6, 2002. At the hearing, representatives from the City of Riviera Beach and the Town of Palm Beach came to express their concerns about several issues relating to the rezoning of the island to the PO Zoning District. The Town of Palm Beach representatives spoke of issues specifically related to assembly and special events that were held on the island. They are concerned that by allowing these events, they would increase the noise levels, which are already audible from the Town and have greatly impacted the Town s residents. Zoning Staff indicated that they have met with the Town representatives on May 22, 2002, and the Zoning Division is recommending a Conditional Overlay Zone (COZ) to be applied to the site. The intent of the COZ is to restrict the uses and site development regulations that could be authorized in the Public Ownership Zoning District. Although Zoning Staff has already recommended that special events to be prohibited between dusk to dawn (Use Limitation Condition 2), the Town's suggestion would be to prohibit the use of amplification equipment on the island in order to reduce the potential noise, and would prefer this limitation be added as a condition of approval. Parks and Recreation Staff indicated that by prohibiting the event from dusk to dawn would be sufficient to mitigate any adverse impact that a special event may have on any surrounding property owner. Zoning Staff further stated that the City of West Palm Beach has special events downtown all the time and have no such limitations. The Parks and Recreation Staff has agreed to further research the County policy regarding banning amplification of music before the next BCC hearing. Contrary to Staff s recommendation, the ZC voted to impose a prohibition on outside amplification of music to address the Town s request. o Application Postponement/Withdrawal History of the BCC hearing Since the Zoning Commission hearing on June 6, 2002, the applicant requested a series of postponements due to a number of outstanding issues. These issues are related to a pending litigation between the Maritime Museum and the Port of Palm Beach, which has now been settled. As a follow up to the June 6, 2002 ZC hearing, Parks and Recreation Staff has determined that the outdoor amplification of music should be prohibited from dusk to dawn for effective enforcement. Prior to presenting the rezoning application to the ZC/BCC hearings, Staff coordinated a meeting to meet with City of Riviera Beach, Town of Palm Beach Shores, and the island s property owners on November 3, 2008. However, only the County staff and representative of ZC February 5, 2009 Page 140
the Port of Palm Beach attended this meeting. Zoning Staff contacted the representatives of the adjacent municipalities to provide them an update, and forwarded them a copy of the staff report and conditions of approval. On December 3, 2008, Zoning Staff, representatives of the Parks and Recreation Department also met with the Town of Palm Beach to further discuss the issues related to the uses allowed on the island. The Town has concerns with the activities that could take place in the Maritime Museum as it relates to noise for the residence of Town of Palm Beach. They raised questions on the Parks Noise and Special Events guidelines as well as enforcement of those items. In addition, the Town also questioned as to how the Museum was established. Staff researched the County records and found that two building permits were issued in 1936 and 1938 for Clubhouse/Recreation Building. No new permits were issued until 1998. The 1998 permits were for a maintenance building, restrooms, administrative building, sidewalks and docks. It was agreed that the hearing of this application would need to be postponed to February 5, 2009 to allow the Town of Palm Beach additional time to inform their Council of the rezoning application. The Town indicated that they may ask for additional use limitation conditions that could possibly address their concerns on the Museum s events and activities. On January 9, 2009, the Town contacted Zoning Staff to further discuss the following issues: Ordinances that govern Special Events on the island Zoning Staff indicated that the Parks Events would be subject to the Parks Ordinance, and the special events associated with the Museum and other facilities would have to comply with the Zoning code (Unified Land Development Code, ULDC). Special Events, ULDC requirements The Town indicated that Article 4.B.124, Special Event required events to be held on a property with primary access from a paved arterial or collector street, and questioned whether the island would meet that requirement. Zoning Division Staff indicated that the island is a special case where waterways are the only available access to the island, and has determined that the access requirement has been met. Museum legal status Since the original building was established under the US Coast Guard, and was functioning as a club house for recreational use. It was subsequently changed into a museum by a lease between the Port and the Museum. Zoning Staff indicated that the Museum would be considered as an Assemby, Non-profit Institutional use pursuant to Article 4.B.14 of the ULDC, and would not have been allowed in a property with a Preservation/Conservation Zoning District. However, if the island is rezoned to the Public Ownership district, then it will become a permitted use, subject to the ULDC requirements. On January 9, 2009, the Town forwarded amended conditions to the Zoning Division (See Exhibit F). County staff reviewed the proposed amendments (shown below), and indicated that the revisions are not acceptable with the following reasons: Town s proposed amended/new Use Limitation Conditions 2 and 4: 2. Special Events and outdoor amplification of music sound (except that necessary to ensure the publci s health, safety and welfare) shall be prohibited from dusk to dawn. (ONGOING: CODE ENF-Zoning) 4. All activity on Peanut Island shall comply with Section 21-39 (Noise) of the Palm Beach County ULDC, and noise generated from Peanut Island and dock facilities shall be approaching 0dBA at the boundaries of neighboring jurisdictions, including the City of Riviera Beach, The town of Palm Beach Shores, and the Town of Palm Beach. (ONGOING:CODE ENFORCEMENT-ZONING) County Code Enforcement Division Director responded that both revised/new conditions are not enforceable (0 db level) at Town/City boundaries. There is no possible method to discern where the sound is originating at very low db levels. The noise could also be originating from a vessels/boats anchored/circulating adjacent to the island. ZC February 5, 2009 Page 141
Parks and Recreation Staff responded that the general prohibition of all special events and outdoor amplification of sound the Town is proposing is overly restrictive and unreasonable. Furthermore restricting noise from the island and its docks to 0dBA at boundaries of neighboring jurisdictions could not be enforced. Zoning Staff reviewed, and recommended the current Use Limitation conditions will remain as proposed by staff, and other noise issues will be govered by Article 5.E.4 (Nuisances) of the ULDC. This Section of the ULDC regulates possible nuisance such as excessive noise, vibration, odors, and outdoor lighting. In addition to the Town of Palm Beach s concerns over noise amplification, Mark Osherow, attorney representing the Museum wrote a letter dated December 2, 2008 to Bob Weisman, County Administrator (See Exhibit E). The letter expressed concerns regarding the vested rights of the Museum, and the proposed use limitation would prohibit the Museum s ability in earning revenues to maintain and operate its facilities. TABULAR DATA EXISTING PROPOSED Property Control Number(s) Land Use Designation: Zoning District: 00-43-42-27-00-000-7000 00-43-42-27-00-000-9020 00-43-42-34-00-000-3000 00-43-42-34-00-000-3010 Parks and Recreation (PARK) Spoil (SPOIL) Preservation/Conservation District (PC) Same Same Tier: Urban Suburban Same Use: Campground Museum Park, Public Spoils deposit Same Acreage: Access: 84 acres including submerged lands Boat only (via Intercoastal Waterway) Public Ownership (PO) with a Conditional Overlay Zone Same Same PUBLIC COMMENT SUMMARY: At time of publication, staff had received no letters from the public. RECOMMENDATION: Staff recommends approval of the request, subject to a Conditional Overlay Zone and to five (5) conditions as indicated in Exhibit C. ZONING COMMISSION ACTION: Postponed sixty (60) days to February 5, 2009. MOTION: To recommend approval of an Official Map Amendment from the Preservation/ Conservation (PC) Zoning District to the Public Ownership (PO) Zoning District with a Conditional Overlay Zone. ZC February 5, 2009 Page 142
Figure 1 Future Land Use Map ZC February 5, 2009 Page 143
Figure 2 Zoning Quad Map ZC February 5, 2009 Page 144
Figure 3 Aerial ZC February 5, 2009 Page 145
Figure 4 Survey ZC Application No. Z-2008-01669 February 5, 2009 BCC District 01 Page 146
PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATIONS: PARK & SPOIL Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATIONS: The Planning Division has reviewed the request for a rezoning from the Preservation/Conservation (PC) to the Public Ownership (PO) Zoning District to allow a park with a campground, dock, walking trail, former Coast Guard Station, Maritime Museum, and spoil deposition area and determined the development proposal is appropriate for this parcel's PARK and SPOIL FLU designations. The site was the subject of a previously approved FLU amendment. The Board of County Commissioners adopted Comprehensive Plan Amendment, Peanut Island, (ORD. 2001-083), on December 5, 2001, changing the FLU designation from Conservation (CON) to Parks and Recreation (PARK) and SPOIL. Per Ordinance 2001-083 of the FLU amendment, the site is subject to one (1) condition: 1. All Commercial retail uses, including restaurants, on the site shall be prohibited. The request and uses proposed for the site are consistent with the above condition. The above condition does not apply to the gift shop associated with the museum, since a gift shop is allowed as an accessory use to the museum. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile of the City of Riviera Beach, Town of Palm Beach, and the Town of Palm Beach Shores. Staff notified these municipalities of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the PARK and SPOIL land use designations of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: No comments. PALM BEACH COUNTY HEALTH DEPARTMENT: No comments. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site contains no significant native vegetation. 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 ZC February 5, 2009 Page 147
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: No comments. PARKS AND RECREATION: No comments were received at time of publication of the staff report. CONCURRENCY: The uses and square footage for this project are vested for concurrency. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: An 84-acre site including submerged land with an existing campground, a park, a maritime museum and spoil deposition area. FINDINGS: Rezoning Standards: When considering a development order application for rezoning to a standard zoning district, the BCC and ZC shall consider standards 1-8 indicated below. In addition the standards indicated in section 2.B shall also be considered for rezoning to a standard zoning district with a conditional use, and rezoning to a PDD or TDD with or without a requested use or waiver. An 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 Plan. Planning Division staff has determined that the rezoning is consistent with the site s PARK and SPOIL future land use designations, and the existing uses on the island are also consistent with the relevant policies of the Comprehensive Plan. The Use Limitation condition associated with Ordinance 2001-083 FLU Amendment of Peanut Island has now been carried forward to the zoning application. This condition prohibits commercial retail uses, including restaurants from the island. 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 rezoning is to ensure the site s zoning district is consistent with its FLU designations. The Use Limitation conditions (1-3) will restrict the island to the existing uses, and these uses are in compliance with the code requirements. 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. Instead of recommending an alternative zoning district, staff recommends a Conditional Overlay Zone (COZ) on the base PO zoning district. The COZ allows the BCC to impose conditions of approval on the rezoning, and Use Limitation conditions (1-3) would be ZC February 5, 2009 Page 148
able to address the concerns of a neighboring municipality (Town of Palm Beach), which are noise and traffic generated from the outdoor special events. 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, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment. Environmental Resources Management Department staff indicated that there are no significant environmental issues associated with the island. There is also no significant native vegetation that requires a preserve dedication. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. There is no new development associated with the current rezoning request. Peanut Island has been operated as a park with campground, bathrooms, dock and trails for many years. There are also other existing facilities including a former Coast Guard station; a bunker; a maritime museum and a spoil deposition area. 6. Consistency with Neighborhood Plan The proposed zoning district is consistent with applicable neighborhood plans in accordance with BCC policy. Not Applicable. 7. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. The existing facilities are in compliance with these requirements. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. As mentioned in the section of Issues Summary: Project Background/Previous Land Use Amendment and Consistency with Comprehensive Plan, County has provide sufficient justification for the rezoning request. In 2001, the County initiated a land use amendment to the Peanut Island (Ordinance 2001-083), changing the island s future land use designation from Conservation (CON) to PARK and SPOIL in order to correct a previous land use designated error. The 2001 amendment was to correct the inconsistency of land use designations. The current Zoning district of Preservation and Conservation is not consistent with the PARK and SPOIL FLU designation, and by rezoning to PO, it will bring consistency between the FLU designation and the zoning district, and also allows the site to accommodate all its existing uses. ZC February 5, 2009 Page 149
EXHIBIT C CONDITIONS OF APPROVAL USE LIMITATIONS 1. The subject property shall be limited to the following uses: a. assembly, non-profit institutional (museum only); b. campground; c. government services; d. park, passive; e. park, public; f. utility, minor limited to water/sewer/electrical; and, g. spoils deposits. (ONGOING: CODE ENF/ZONING-Zoning) 2. Special Events and outdoor amplification of music shall be prohibited from dusk to dawn. (ONGOING: CODE ENF-Zoning) 3. The property owner(s) shall comply with the use limitation condition pursuant to Ordinance 2001-083, land use amendment of Peanut Island. (ONGOING: CODE ENF/PLANNING - Planning) 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 the Code Enforcement Special Master to schedule a Status Report before the body which approved the Conditional Use, Type II Variance, 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. Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of a Conditional Use, Type II Variance, Development Order Amendment or other actions based on a Zoning Commission decision shall be by petition for writ of certiorari to the Circuit Court, Appellate Division, 15th Judicial Circuit of Florida. (ONGOING: MONITORING - Zoning) ZC February 5, 2009 Page 150
Exhibit D - Letter dated June 11, 2001 ZC February 5, 2009 Page 151
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Exhibit E - Letter dated December 2, 2008 ZC February 5, 2009 Page 153
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Exhibit F - Proposed condition of approval from Town of Palm Beach ZC February 5, 2009 Page 158