PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: EAC-2013-00156 Control No.: 1994-00094 Applicant: Board of County Commissioners Owners: Howard Fritz Belvedere Westgate Violeta Fleites Westgate Belvedere Homes Community Miguel Orozco S & R Investments Inc Of South Florida Chris Smith Education Development Center Inc Leonor Nunez Gulfstream Glass Inc Enterprises Pronto Evelyn Saleeby Juan Alas Wendys Thrift Shop Inc Foose Rosemary Tr William Tyson K Beverages & Food Inc Jeffrey Costanzo Pierola Rivera Concentric Vision Investments Corp Vythiya Tum Affordable Homes Of Palm Beach Inc Ayleen Cadavieco Shad Arcade Inc Bruce Lucas Agent: Palm Beach County - Autumn Sorrow Telephone No.: (561) 233-5278 Project Manager: Autumn Sorrow, Senior Site Planner Moustafa Farghali Joseph Pitts Herber Docampo Pronto Enterprises Of Palm Beach Inc Garold Cannon James Price Westgate One Llc Demitrios Theodossakos Salvatore Cagno Enrique Medrano Anni Harkey Palm Beach County Vincent St Foose Rosemary Trust Ssab Florida Company Llc Tranholz Llc John Holz Mickey Fernandez A Champion Francisco Santos Febonique Dorcent Scott Mcdonald Wells Fargo Bank Na Tr Syeda Shahanshan TITLE: an Expedited Application Consideration REQUEST: to delete Conditions of Approval (General, Site Plan approval; Use Limitations; Compliance and Engineering) APPLICATION SUMMARY: Proposed is an Expedited Application Consideration to modify previous Conditions of Approval of Resolution R-1995-427 (General, Site Plan Approval, Use Limitations, Compliance, Engineering) for the Westgate Belvedere Homes Community Redevelopment Agency Rezoning. The approximate 21.10-acre Rezoning was initially approved by the Board of County Commissioners (BCC) on March 30, 1995. The applicant is requesting to delete all prior conditions of approval, as they have been subsequently incorporated into the Unified Land development Code (ULDC), making the conditions redundant to the ULDC requirements. As it stands, these conditions may now create undo obstacles and costs for applicants wishing to make improvements on their site. In order to facilitate a streamlined review process, which encourages future tenant improvements or new commercial ventures to relocate to the WCRAO, the conditions need to be deleted. SITE DATA: Location: North and south sides of Westgate Avenue, east of Military Trail, west of Congress Avenue (Westgate CRA) BCC April 25, 2013 Page 6
Property Control Number(s) Existing Land Use Designation: Proposed Land Use Designation: Existing Zoning District: Proposed Zoning District: Acreage: Tier: Overlay District: Neighborhood Plan: CCRT Area: Municipalities within 1 Mile Future Annexation Area 00-43-43-30-02-000-0010 00-43-43-30-02-000-0040 00-43-43-30-02-000-0110 00-43-43-30-02-000-0150 00-43-43-30-02-000-0190 00-43-43-30-03-025-0550 00-43-43-30-03-027-0310 00-43-43-30-03-027-0440 00-43-43-30-03-025-0370 00-43-43-30-03-027-0010 00-43-43-30-03-027-0370 00-43-43-30-03-027-0410 00-43-43-30-03-025-0390 00-43-43-30-03-027-0460 00-43-43-30-03-027-0530 00-43-43-30-03-028-0010 00-43-43-30-03-028-0370 00-43-43-30-03-028-0440 00-43-43-30-03-028-0460 00-43-43-30-03-028-0520 00-43-43-30-03-028-0580 00-43-43-30-03-029-0010 00-43-43-30-03-029-0310 00-43-43-30-03-029-0410 00-43-43-30-03-030-0273 00-43-43-30-03-030-0571 00-43-43-30-03-031-0220 00-43-43-30-03-031-0461 00-43-43-30-03-032-0030 00-43-43-30-03-032-0050 00-43-43-30-03-032-0070 00-43-43-30-03-032-0160 00-43-43-30-03-034-0580 00-43-43-30-03-035-0220 00-43-43-30-03-033-0550 00-43-43-30-03-033-0050 00-43-43-30-03-032-0090 00-43-43-30-03-032-0120 00-43-43-30-03-033-0010 00-43-43-30-03-033-0070 00-43-43-30-03-033-0360 00-43-43-30-03-034-0420 00-43-43-30-03-034-0480 00-43-43-30-03-034-0010 00-43-43-30-03-034-0070 00-43-43-30-03-034-0400 00-43-43-30-03-035-0200 00-43-43-30-03-035-0262 00-43-43-30-03-035-0561 00-43-43-30-03-036-0420 00-43-43-30-02-000-0130 00-43-43-30-03-028-0400 00-43-43-30-03-025-0250 00-43-43-30-03-026-0470 00-43-43-30-03-028-0310 00-43-43-30-03-030-0271 00-43-43-30-03-032-0010 00-43-43-30-03-030-0010 00-43-43-30-03-030-0150 00-43-43-30-03-030-0530 00-43-43-30-03-033-0090 00-43-43-30-03-033-0510 00-43-43-30-03-034-0460 00-43-43-30-03-035-0381 00-43-43-30-21-001-0000 00-43-43-30-22-001-0000 Commercial High, with an underlying HR-8 (CH/8) Commercial High, with an underlying HR-8 (CH/8) Neighborhood Commercial District (CN) General Commercial District (CG) Multi-Family Residential (High Density) District (RH) Same 21.10 acres Urban/Suburban Westgate Community Redevelopment Area N/A Westgate Haverhill, West Palm Beach West Palm Beach RECOMMENDATION: Staff recommends approval of the Expedited Application Consideration (EAC) to delete Conditions of Approval (General, Site Plan Approval, Use Limitations, Compliance, Engineering) of Resolution R-1995-427. BCC April 25, 2013 Page 7
PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: On March 30, 1995, the Board of County Commissioners adopted Resolution R-95-427 approving an Official Zoning Map Amendment from the Residential High and Neighborhood Commercial Zoning Districts to the General Commercial Zoning District for approximately 73 properties. SURROUNDING LAND USES: NORTH: FLU Designation: Commercial High (CH/8), Commercial Low (CL/8) Zoning District: Residential High (RH) Supporting: Residential and commercial SOUTH: FLU Designation: Commercial High (CH/8), Residential High (HR/8) Zoning District: Residential High (RH) and Public Ownership (PO) Supporting: Resential and a school EAST: FLU Designation: Designation: Commercial High (CH/8), Residential High (HR/8) Zoning District: Residential High (RH) and Residential Medium (RM) Supporting: Residential and commercial WEST: FLU Designation: Commercial High (CH/18), Residential High (HR/18) Zoning District: Multiple Use Planned Development District (MUPD), Plannded Unit Development (PUD), Residential Medium (RM) Supporting: Residential and Commercial 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 8 listed in Article 2.B.2.B. of the ULDC. The Standards and Staff Analyses are 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. 1. Consistency with the Plan The proposed use or 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 proposed EAC creates no issues with the Comprehensive Plan; however future applicants will still need to comply with Westgate/Belvedere Homes Community Redevelopment Area Overlay (WCRAO) Guidelines. The request is consistent with the CH/8 future land use designation of the Palm Beach County Comprehensive Plan It should be noted that the County has processed several corrective future land use atlas amendments to parcels subject to this EAC since the 1995 approval. However this is not anticipated to be a problem as these corrective amendments resulted in all subject parcels having the same FLU designation of CH/8. BCC April 25, 2013 Page 8
SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The request is located in the Revitalization, Redevelopment and Infill Overlay (RRIO), the Westgate/Belvedere Homes Community Redevelopment Area Overlay (WCRAO), and the Urban Redevelopment Area (URA). The Office of Community Redevelopment has designated the effected sites and the overall tract as part of the Westgate CCRT area.the Westgate CRA has no objection at this time to the Expedited Application for Consideration on the deletion of the conditions in Resolution R-1995-0427. 2. Consistency with the Code - The proposed use or 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 request to delete all prior Conditions of Approval will be consistent with the Unified Land Development Code (ULDC). The zoning related Conditions of Approval have subsequently been incorporated into the ULDC, making the conditions redundant. In order to facilitate a streamlined review process, which encourages future tenant improvements or new commercial ventures to relocate to the WCRAO, staff is requesting to delete prior conditions of approval and to let the ULDC requirements prevail. Additionally, each property will be required to comply with the applicable provisions of the ULDC prior to the issuance of applicable use approvals and/or building permits. 3. Compatibility with Surrounding Uses The proposed use or 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. The request to delete all prior Conditions of Approval will not affect compatibility with the existing surrounding uses in the area. Each property will have to address compatibility issues with surrounding uses for any future development or use that requires public hearing approval(s). 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. Staff does not anticipate any adverse impacts to the adjacent properties with the request to delete all prior Conditions of Approval. With this request, no design is being proposed. Site design will be addressed when an application comes in for review for each site. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. VEGETATION PROTECTION: The sites have previously been developed for residential and commercial uses. WELLFIELD PROTECTION ZONE: The properties are not located with 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. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment as the site has been previously cleared, is not within a Well-field Protection Zone and development shall be compliant with all ULDC requirements. BCC April 25, 2013 Page 9
5. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposed deletion of conditions doesn t have an effect on the development pattern already established within the vicinity. 6. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: 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. PALM BEACH COUNTY HEALTH DEPARTMENT, ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS, FIRE PROTECTION, SCHOOL IMPACTS, PARKS AND RECREATION: No Staff Review and Analysis. 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. Changes made to the ULDC since the original rezoning and COZ in 1995 allow for greater flexibility and different approval processes. In addition, most of the zoning conditions of approval have been incorporated into the ULDC, making the conditions redundant with ULDC requirements. Staff has evaluated the standards listed under Article 2.B.2.B 1-9 and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, staff is recommending approval of the DOA request. BCC April 25, 2013 Page 10
CONDITIONS OF APPROVAL EXHIBIT C Expedited Application Consideration ALL PETITIONS-SITE PLAN APPROVAL 1. Previous Condition B.1 of Resolution R-1995-427, Control No. 1994-94) which currently states: Prior to commencement of commercial development or use, each property shall receive approval of a site plan by the Development Review (DRC) and a concurrency reservation, exemption, equivalency or other determination. The site plan shall be approved prior to application for any permits including but not limited to, building, paving, drainage, or vegetation removal. BUILDING/ZONING streamline the approval process and comply with the ULDC ] ALL PETITIONS-GENERAL 1. Previous Condition A.1 of Resolution R-1995-427, Control No. 1994-94) which currently states: All previously approved special exceptions on any of the subject properties are hereby abandoned and repealed. (ZONING) streamline the approval process and comply with the ULDC ] ENGINEERING 1. Previous Condition E1 of Resolution R-1995-427, Control No. 1994-94, which currently states: If required by the County Engineer or the South Florida Water Management District the drainage system design by the property owner shall be such that drainage from those areas which may contain hazardous or undesirable waste shall be separate from stormwater runoff from the remainder of the site. (ENGINEERING) streamline the approval process and comply with the ULDC] 2. Previous Condition E2 of Resolution R-1995-427, Control No. 1994-94, which currently states: Each individual property owner shall obtain an onsite Drainage Review from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. Each individual property owner shall provide discharge control and treatment for the stormwater runoff in accordance with all applicable agency requirements in effect at the time of the permit application. (BUILDING - Engineering) streamline the approval process and comply with the ULDC] 3. Previous Condition E3 of Resolution R-1995-427, Control No. 1994-94, which currently states: Each property owner at the time of the issuance a building permit 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. (IMPACT FEE COORDINATOR) BCC April 25, 2013 Page 11
streamline the approval process and comply with the ULDC] 4. Previous Condition E4 of Resolution R-1995-427, Control No. 1994-94, which currently states: Prior to the issuance of a building permit for corner lots which are part of this rezoning request, the property owner shall convey at no cost to Palm Beach County Land Development Division by road right-of-way warranty deed, additional right of way to provide for "corner clips" at the intersection of two road right of ways. These corner clips shall be the long cord of a 40 foot radius for the intersection of two thoroughfare plan right of ways, and the long cord of a 25 foot radius for the intersection of two non-thoroughfare plan rights of way. The 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. (BUILDING Engineering) streamline the approval process and comply with the ULDC] USE LIMITATIONS 1. Previous Condition C.1 of Resolution R-1995-427, Control No. 1994-94, which currently states: Uses on lots fronting only on Wabasso Drive, Tallahassee Drive, Seminole Boulevard, Osceola Drive, Loxahatchee Drive, Suwanee Drive, Cherokee Avenue or Nokomis Avenue shall be limited as required by the ULDC, Section 6,7,8, WCRA Overlay District Regulations. (ZONING) streamline the approval process and comply with the ULDC ] COMPLIANCE 1. Previous Condition D.1 of Resolution R-1995-427, Control No. 1994-94, which currently states: All site plans certified pursuant to Condition B.l. shall be valid for four years from the date of certification with no provision for a time extension. All concurrency reservations, exemptions, equivalencies or other determinations shall only be valid during the time period the site plan for each property is valid. (MONITORING/ CONCURRENCY) streamline the approval process and comply with the ULDC ] 2. Previous Condition D.2 of Resolution R-1995-427, Control No. 1994-94, which currently states: Failure to comply with any of the conditions of approval or requirements of the ULDC at any time may result in: a. The denial or revocation of a building permit; the issuance of a stop work order; the issuance a cease and desist order; the denial of a certificate of Occupancy on any building or structure; the denial or revocation of any permit or approval for any developer, owner, commercial-owner, lessee, or user of the subject property; b. The revocation of the CG zoning on the subject property; c. A requirement for the subject property to conform with the updated standards of development applicable 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; d. Referral to code enforcement; and/or e.imposition of entitlement density or intensity restrictions. 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 BCC April 25, 2013 Page 12
(ULDC), as amended. Appeals of any revocation of zoning or other action based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING) streamline the approval process and comply with the ULDC ] BCC April 25, 2013 Page 13
Figure 1: Land Use Map BCC April 25, 2013 Page 14
Figure 2 -Zoning Quad BCC April 25, 2013 Page 15
Figure 3 - Aerial BCC April 25, 2013 Page 16
Figure 4 - Overall Westgate Community Redevelopment Area Overlay BCC April 25, 2013 Page 17