Palm beach county planning, zoning and building department zoning division
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BCC July 22, 2004 Petition PDD2004-014
BCC District 6
Project No. 0904-000
PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION
Petition No.: PDD2004-014 Petitioner: Gordon WPB Inc. Owner:
Fairway East Corp. Agent:
Robert Bentz Telephone No.: 5614788501 Project Manager: Brad Dunker, Planner II (assigned May 19, 2004) Maryann Kwok, Principal Site Planner ______________________________________________________________________
(Fairway Lake PUD). ______________________________________________________________________
Rezoning from the Agricultural Residential (AR) Zoning District to the Residential Planned Unit Development (PUD) District. ______________________________________________________________________
Proposed is the rezoning of 31.22 acres of land from the Agricultural Residential (AR) Zoning District to the Planned Unit Development (PUD) Zoning District. The subject property has a previous Board of County Commissioner’s approval for a recreational facility including a private golf course and conutry club on February 28, 1985. The petitioner is requesting to abandon this approval, and proposed a residential development for 124 zero lot line homes with an overall density of 3.97 dwelling units per acre. The proposed site plan also shows a .74 acre recreation site and a .64 acre private civic site. Access is provided from Belvedere Road. ______________________________________________________________________
o Consistency with Comprehensive Plan
The Planning Division has determined that the request is consistent with the underlying MR-5 land use designation and density provisions of the Comprehe nsive Plan.
The maximum units are calculated as follows: 31.22 acres X 5.0 du/ac = 156 units maximum with a PUD 31.22 acres X 4.0 du/ac =124 units maximum (standard) non-PUD density
The site is located within the proposed Urban Redevelopment Area as identified by the County’s current Infill and Redevelopment Study. The site is also located within the Lake Belvedere Estates Countywide Community Revitalization Team (CCRT) neighborhood. This is an area that has been targeted for revitalization by the Office of Community Revitalization (OCR). As a result, the OCR has reviewed this request and has found that this proposal is consistent with CCRT recommendations established for this area given that it represents owner-occupied housing opportunities, and is consistent with surrounding residential uses in the Lake Belvedere Estates CCRT area. It should be noted that the project does not further policies in the Comprehensive Plan that encourage vehicular and pedestrian connectivity both within and between sites and discourage the use of dead end streets and loop roads in favor of through streets.
BCC July 22, 2004 Petition PDD2004-014
BCC District 6
Project No. 0904-000
To ensure consistency with these goals of the CCRT and the Comprehensive Plan, Planning staff has recommended Conditions F.2-F.4 to require these connections.
Subject to conditions of approval, the request is generally consistent with the policies in the Comprehensive Plan pertaining to the PBIA Overlay and the Haverhill Neighborhood Plan and its recommendation to retain residential FLU designations along Belvedere Road between Military Trail and Florida’s Turnpike.
o Compatibility with Surrounding Land Uses
North of the site is the Wynnewood Acres subdivision, south and west of the site is the Wooded Acres subdivision. The Lake Belvedere estates are to the east. All these adjacent residential properties have a future land use designation of Medium Residential density 5 (MR-5). Subject to conditions of approval, staff does not anticipate a negative impact to the surrounding land uses.
o
The Engineering Department has determined that the traffic generated from this request is 1,240 trips per day. Total traffic from the previous recreational use was 1,218 trips per day. In addition, Traffic Performance Standard permits a 10% credit for Urban Redevelopment. The previous recreational use plus the 10% credit provided for an equivalent of 1, 340 trips per day, or a decrease of 100 trips per day.
o
The petitioner will provide a 20-foot right-of way buffer along Belvedere Road, and a 10- foot buffer along the south, east and west residential property lines. The petitioner is requesting a 50% reduction of buffer width along these property lines since the adjacent existing homes have mature vegetation on the properties. Staff however, recommended a condition with aw all and upgraded plant materials. The petitioner has also entered into a private agreement replacing the existing fence which is currently surrounding the golf course.
o
Pursuant to ULDC Section 3.E.2.A.4, the rezoning of property to the PUD district shall only be granted for projects that exceed the minimum ULDC requirements for a Planned Development District. The proposed Site Plan provides the following features to achieve the PUD exemplary design objectives: • decorative paving treatment at the site’s entrance on Belvedere Road, and at all internal intersections; • architectural focal points at main access points, club houses and recreation areas; • fountains as focal features within the central lake; • pedestrian pathways that surround the lake and connect to the proposed recreation areas; • one satellite recreation area (neighborhood parks) totaling .22-acre; • upgraded amenities within the .74-acre recreation area; • incorporation of environmentally sensitive land into the site design and development; • designing the site in a manner that includes no back-to-back lots and allows almost all lots to either abut a landscape buffer, recreation/open space area, or a lake tract; and, • ZLL units with a ZLL side abutting the rear property line of 2 or more lots are proposed to be one story high.
To further the PUD exemplary design objective , staff is recommending that the following elements be incorporated into the final site design and development: • canopy trees planted along all internal drive aisles (Condition C.1); • upgraded landscaping and plant materials within all perimeter landscape buffers (Condition B.1); • additional decorative pavement along the internal access drive (Condition BCC July 22, 2004 Petition PDD2004-014
BCC District 6
Project No. 0904-000
C.3); • side-loaded garage for units fronting at T-intersections (Condition C.4); and, • architectural focal points (Condition C.4). o
At the ZC hearing, the petitioner has requested 30-day postponement to the July 1 st
Estates, and Wooded Acres (Timber Run Association)).
In the letter dated June 23, 2004 to Zoning staff (Exhibit E), the petitioner indicated they have met with the Timber Run property owners, and have agreed to 7 conditions of which staff indicated that only items 1, 2, 5 (landscaping) and 7(dust control) could be incorporated as conditions of approval, items 3,4, and 6 would need to be incorporated as private agreement between the petitioner and the adjacent homeowners.
The petitioner also objected to Condition D.5, which requires the houses on all lots located on the south, east and west perimeter of the site to be constructed as 1 story building.
o
At the ZC hearing, the petitioner indicated they are in agreement to provide the Lake Belvedere Estates supplement the existing landscaping of the community in the affected area, and would provide a connection between the existing fence and proposed wall. Additionally, the following was being discussed:
Road layout - The ZC also required the petitioner to revise the layout of the easterly internal drive to allow offset or to add in a landscape median. Staff would incorporate a condition and require the petitioner to submit a revised plan prior to final DRO meeting.
Commitments to the affected adjacent property owners – The petition indicated they will enter into a private agreement between the Timber Run and the Lake Belvedere Estates homeowners, since Timber Run has a homeowner association, they have been contacted, and a draft agreement has been prepared. The petitioner has agreed to prepare a similar agreement with the homeowners of Lake Belvedere Estates who will also be affected by this development. The ZC recommended copies of these signed agreements to be attached as part of the BCC report.
One story houses – Since no homeowners showed up at the hearing, and the petitioner has agreed to enter into a private agreement with the affected homeowners. The ZC voted for deletion o f Condition D.5.
The Zoning Director also mentioned that the building code has been changed to not allow 2-foot overhang easement, under the new code, due to fire code building separation, the ZLL will no longer be allowed to be constructed on the lot line. The County is also examining other options to address this issue.
Prior to the publication of the staff report, the petitioner has submitted the signed copies of agreement with the Timber Run Association, and the Lake Belvedere Estates homeowners. See Exhibit F.
The commitments are as follows: Perimeter wall and Landscaping – A landscape buffer with a wall will be installed at the perimeter of the site, and at the expense of the developer/petitioner. This wall will be installed at the issuance of any residential permits of the Fairway Lake project.
Chain Link fence – The existing private golf course on the Fairway lake PUD property has a chain link fence around the perimeter of the site. A number of property owners have residential lots contiguous to the golf course, and some residential fences are connected to this chain link fence. The petitioner will co-ordinate the fence relocation and replacement. BCC July 22, 2004 Petition PDD2004-014
BCC District 6
Project No. 0904-000
Perimeter Landscape Maintenance – The petitioner has also agreed to maintain the common areas within the Fairway lake PUD.
Dust control – During the construction of the project, the petitioner will make all reasonable efforts to control dust during the development phase of construction.
Additional Tree planting – At the petitioner’s cost, additional tree planting will be placed in the adjacent properties. ______________________________________________________________________ TABULAR DATA
EXISTING PROPOSED
Number(s) 00-42-43-35-01-044-0010
Pending
Land Use Designation: Commercial Recreation with an underlying Medium Residential 5 (CR/5)
Same
Zoning District: AR/SE
PUD Use: A recreational facility/golf course and country club
Zero lot line units Acreage: 31.22 acres
Same
Dwelling Units: 0
124
0
3.97du/ac
Belvedere Road
PUBLIC COMMENT SUMMARY: At time of publication of the ZC staff report, staff had received 15 letters in opposition, and 21 letters with concerns for the existing fence being taken down. The opposition ones indicated their concerns with all the incoming developments. Staff also received several phone calls requesting clarification of the development proposal. ______________________________________________________________________
conditions as indicated in Exhibit C. ______________________________________________________________________
(30) days to July 1, 2004, carried 7-0. ______________________________________________________________________
Postponed 30 days to July 22, 2004. ______________________________________________________________________
Agricultural Residential Zoning District to the Residential Planned Unit Development District.
BCC
July 22, 2004 Petition PDD2004-014
BCC District 6
Page Project No. 0904-000
BCC
July 22, 2004 Petition PDD2004-014
BCC District 6
Page Project No. 0904-000
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July 22, 2004 Petition PDD2004-014
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Page Project No. 0904-000
AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT BCC
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BCC District 6
Page Project No. 0904-000
BCC
July 22, 2004 Petition PDD2004-014
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CONCEPTUAL SITE PLAN BCC
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REGULATING PLAN BCC
July 22, 2004 Petition PDD2004-014
BCC District 6
Page Project No. 0904-000
FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial Recreation (CR)
Underlying Land Use: Medium Residential 5 (MR-5)
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 Planned Unit Development (PUD) Zoning District with an Optimal Residential Pod. The maximum units are calculated as follows:
31.22 acres X 5.0 du/ac= 156 units maximum with a PUD 31.22 acres X 4.0 du/ac =124 units maximum (standard) non-PUD density
The proposed request for 124 units is consistent with the site’s underlying MR-5 FLU designation and density provisions of the Comprehensive Plan.
The applicant's certified site plan was reviewed for consistency with policies from the Future Land Use Element (FLUE) and Transportation Elements (TE) that encourage vehicular and pedestrian connectivity both within and between sites and discourage the use of dead end streets and loop roads in favor of through streets, including FLUE Policy 4.3-g (77-FLUE), TE Policy 1.4-g (39-TE), TE Policy 1.4-h (39-TE), TE Policy 1.4-i (39-TE), and TE Policy 1.9-j (48-TE). Based on these policies, staff explored the possibility of potential vehicular and pedestrian connections to the property to the east of the site.
Prior to Development Review Committee (DRC) Certification, the site plan showed dead end streets near or at the terminus of Leon Drive and Balfrey Road to the east of the site. These dead end streets could have been aligned to be through stub streets that would have connected with Leon Drive and Balfrey Road. Staff met with the applicant and discussed providing stub street connections for vehicular and pedestrian access to Leon Drive and Balfrey Road to the east of the site. After meeting with Staff, the applicant opted to not provide connections to these roadways. In order to ensure consistency with the above- mentioned policies, Staff has conditioned the request to require these connections.
The applicant’s site plan was also reviewed for consistency with FLUE Policy 4.3-i (77-FLUE) that promotes the functional and centralized placement of open spaces and establishing pedestrian linkages and accessibility to amenities in order to obtain “walkable” communities. To comply with this policy, staff met with the applicant and encouraged possible design alterations to the site plan such as placing a pathway around the lake and providing a pedestrian connection to the clubhouse. Based on Staff’s discussions, the applicant revised the site plan to include a 5 foot mulch pathway around the lake with a pedestrian connection to the pool/clubhouse.
TIER: The subject property is in the Revitalization and 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 Town of Haverhill. The site is also within the future annexation area of the City of West Palm Beach. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request.
SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: FLUE Policy 4.3-b states, “Palm Beach County shall encourage the BCC
July 22, 2004 Petition PDD2004-014
BCC District 6
Page Project No. 0904-000
development of positive community identification and appearance by implementing unique architectural and site design themes for different areas of the County in conjunction with development of any Community or Neighborhood Plans (FLUE-76).” The site is located within the proposed Urban Redevelopment Area as identified by the County’s current Infill and Redevelopment Study. The site is also located within the Lake Belvedere Estates Countywide Community Revitalization Team (CCRT) neighborhood. This is an area that has been targeted for revitalization by the Office of Community Revitalization (OCR). As a result, the OCR has reviewed this request and has found that this proposal is consistent with CCRT recommendations established for this area given that it represents owner-occupied housing opportunities, and is consistent with surrounding residential uses in the Lake Belvedere Estates CCRT area. However, prior to DRO site plan certification, the proposal was inconsistent with CCRT goals given that opportunities may exist for vehicular and/or pedestrian connectivity to Lake Belvedere Estates at Leon and Balfrey Drives, and this proposal did not indicate that cross access would be provided to this development. In order to ensure consiste ncy with this goal of the CCRT, Staff has conditioned the request to require these connections.
The subject site is located within the boundaries of the Palm Beach International Airport Overlay Zone (PBIA -Overlay) and the Haverhill Area Neighborhood Plan.
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