PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: Z2003-017 Petitioner: Palm Beach County BCC Owner: Palm Beach County BCC Agent: Kilday and Associates Telephone No.: (561) 689-5522 Project Manager: William Cross, Senior Planner Location: Northwest corner of Belvedere Road and Country Club Road (Palm Beach County RPZ). Title: Official Zoning Map Amendment. Request: Rezoning from the Multiple Use Planned Develoment (MUPD) District to the Public Ownership (PO) Zoning District. PETITION SUMMARY: Proposed is the rezoning of a 2.37 acre parcel from the Multiple Use Planned Development (MUPD) District to the Public Ownership (PO) District. The subject site is encumbered by a portion of a Palm Beach International Aiport (PBIA) Runway Protection Zone (RPZ), and was originally approved by the Board of County Commissioners as the northeast corner of the BMC MUPD. At the request of the Department of Airports, the petitioner has submitted a concurrent request to delete the subject site from the BMC MUPD. No site improvements are proposed and the land will remain vacant. ISSUES SUMMARY: o Consistency with Comprehensive Plan The request is consistent with the Commercial High (CH) future land use designation of the Palm Beach County Comprehensive Plan. The Westgate/Belvedere Homes Community Redevelopment Agency (CRA) has indicated that the proposed request is acceptable to the CRA Board. o Compatibility with Surrounding Land Uses Property to the north and east of the subject site is currently undeveloped with Commercial High with underlying High Residential 8 (CH/8) and Transportation and Utilities Facilities (U/T) future land use designations. The undeveloped properties are also partially encumbered by a PBIA RPZ. To the south and west of the subject site is the BMC MUPD (Petition 1992-023), which is approved for commercial development. As proposed, staff does not anticipate any adverse impacts from the subject request. o Traffic The Palm Beach County Traffic Division estimates that the proposal will not result in any increase in traffic. Petition Z2003-017 BCC District 2 Page 200
o Conditional Overlay Zone (COZ) Staff is recommending a Conditional Overlay Zone (COZ) in addition to the rezoning request to ensure compliance with recommended Engineering Conditions of Approval. These Conditions require conveyance of a temporary construction easement and additional right-of-way for Country Club Road. o Westgate/Belvedere Homes Community Redevelopment Agency (W/BH CRA) The subject site is located within the Westgate/Belvedere Homes Overlay (W/BH-O), which requires the review and approval of all rezoning or conditional use approvals by the W/BH CRA. In correspondence dated March 18, 2003, the CRA indicated approval of the request to delete land area with a concurrent application to rezone the deleted land to the Public Ownership (PO) Zoning District. Development of the site is subject to additional limitations and/or requirements of the W/BH-O. TABULAR DATA EXISTING PROPOSED Property Control Number(s) 00-42-43-25-23-001-0020 Same Land Use Designation: Commercial High (CH) Same Zoning District: Multiple Use Planned Development (MUPD) Use: Runway Protection Zone (RPZ) Public Ownership (PO) Same Acreage: 2.37 acres Same Access: Country Club Road Same PUBLIC COMMENT SUMMARY: At time of publication, staff had received no response for the public regarding the request. RECOMMENDATION: Staff recommends approval of the request, subject to a Conditional Overlay Zone (COZ) and 6 conditions of approval as indicated in Exhibit C. MOTION: To recommend approval for an Official Zoning Map Amendment from the Multiple Use Planned Develoment District to the Public Ownership Zoning District with a Conditional Overlay Zone. Petition Z2003-017 BCC District 2 Page 201
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STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High (CH) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Rezoning of a 2.377 acre parcel from the Multiple Use Planned Development District (MUPD) to the Public Ownership (PO) Zoning District to facilitate the inclusion of this site as part of the Palm Beach County Department of Airports Runway Protection Zone (RPZ). Staff has determined the development proposal is appropriate for this parcel's CH FLU designation. The proposed request is not inconsistent with the maximum Floor Area Ratio (FAR) of.35 for a site with a CH (non-pdd) FLU designation. For this 2.377 acre site, at the.35 FAR, the maximum allowed square feet would be 36,239 square feet. However, at this time, no square footage is being proposed for this site. In December 2001, the BCC adopted an amendment, 01-57 COM 4, BMC MUPD, Ordinance 2001-88, to remove from the Future Land Use Atlas Map the site s previous underlying HR-8 FLU designation. TIER: The subject property is in the Revitalization/Redevelopment Overlay of the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area, and within one mile, of the City of West Palm Beach. The site is also located within one mile of the Town of Haverhill. 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: The subject property is located within the boundaries of the Westgate/Belvedere Homes Community Redevelopment Area Overlay. The Westgate/Belvedere Homes Community Redevelopment Agency (CRA) has reviewed the request and has indicated that the proposed request is acceptable to the CRA Board (See enclosed letter dated March 18, 2003). FINDINGS: The request is consistent with the CH land use designation of the Palm Beach County Comprehensive Plan. The Westgate/Belvedere Homes Community Redevelopment Agency (CRA) has indicated that the proposed request is acceptable to the CRA Board. ENGINEERING COMMENTS: MAJOR THOROUGHFARES. There is no net increase in Traffic. This request is to delete land area from the adjacent MUPD. This deleted land area will then be rezoned to Public Ownership to be used as a Runway Protection Zone for the Department of Airports. TRAFFIC: Belvedere Road SEGMENT: Congress Avenue Haverhill Road PRESENT: 27,993 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT Petition Z2003-017 BCC District 2 Page 206
TRAFFIC: - FROM PETITION: No increase in traffic TOTAL: 27,993 PRESENT CAPACITY AT LEVEL OF SERVICE "D": 48,900 PRESENT LANEAGE: 6-lane PALM BEACH COUNTY HEALTH DEPARTMENT: No comments. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently cleared, unimproved and contains no 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 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: No comments. PARKS AND RECREATION: No comments. CONCURRENCY: The request is exempt from Concurrency requirements and is therefore in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 2.37 acre site, approximately 430 feet in width with an average depth of 415 feet accessed by Country Club Road. The site currently supports a Runway Protection Zone (RPZ). ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Commercial High (CH) Zoning District: Residential Medium Density (RM) Supporting: Vacant (site partially covered by RPZ) SOUTH: Comprehensive Plan: Commercial High (CH) Zoning District: Multiple Use Planned Development (MUPD) Supporting: BMC MUPD (Petition 1992-023) Petition Z2003-017 BCC District 2 Page 207
EAST: Comprehensive Plan: Transportation and Utilities Facilities (U/T) Zoning District: Multi-family Residential Supporting: Vacant (site partially covered by RPZ) WEST: Comprehensive Plan: Commercial High (CH) Zoning District: Multiple Use Planned Development (MUPD) Supporting: BMC MUPD (Petition 1992-023) ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Committee (DRC) in accordance with the Unified Land Development Code (ULDC). The DRC review will ensure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC. FINDINGS: 1. Consistent with Comprehensive Plan. The Planning Division indicates the request is consistent with the CH land use designation of the Palm Beach County Comprehensive Plan; 2. Consistent with the Code. There are no minimum property development regulations for the Public Ownership (PO) zoning district; 3. Compatible with surrounding uses and zones. The proposed request is compatible with existing and proposed uses surrounding the subject site, and due to the RPZ limitations is the appropriate zoning district for the land; 4. Changed conditions. The rezoning and concurrent Development Order Amendment applications to delete land area from the BMC MUPD (Petition 1992-023) have been initiated by the Palm Beach County Department of Airports (DOA) to address Runway Protection Zone (RPZ) requirements; 5. Effect on natural environment. The petitioner indicates that the subject site will be principally maintained in its current state for use as a Runway Protection Zone; 6. Development patterns. No development is proposed for the subject site; however, the request is consistent with an overlying Runway Protection Zone (RPZ); 7. Consistency with neighborhood plan. The Westgate/Belvedere Homes Community Redevelopment Agency (CRA) has indicated that the proposed request is acceptable to the CRA Board; 8. Adequate public facilities. The proposed rezoning complies with Article 11, Adequate Public Facilities. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report (N/A) Exhibit E: W/BH CRA letter dated March 18, 2003 Petition Z2003-017 BCC District 2 Page 208
EXHIBIT C CONDITIONS OF APPROVAL There are no conditions for A, B, C and D. E. ENGINEERING 1 Prior to May 1, 2004, the Airports Department shall authorize a temporary roadway construction easement to be provided along Country Club Road. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to approval by the Board of County Commissioners declaring the use of the property as a temporary roadway construction easement. (DATE: MONITORING Eng) 2 The Airports Department shall authorize the east 10 feet of the subject property (40 feet from centerline) to be used as additional right of way for Country Club Road. This additional right of way shall be declared as road right-of-way on or before May 1, 2004, by the Board of County Commissioners. (DATE: MONITORING Eng) 3. The concurrency approval is subject to the project aggregation rule set forth in he Traffic Performance Standards Ordinance. (DRC: ENG Eng) F. PLANNING 1. Prior to final site plan approval by the Development Review Committee, the site plan shall be amended to include the future location of sidewalks along Country Club Road since this site is within two (2) miles of a school. (DRC: PLANNING Planning) G. 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. Petition Z2003-017 BCC District 2 Page 209
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. (ONGOING: MONITORING Zoning) Petition Z2003-017 BCC District 2 Page 210
EXHIBIT E Petition Z2003-017 BCC District 2 Page 211