Palm beach county planning, zoning and building department zoning division
PBIA Overlay Provisions within the Comprehensive Plan
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PBIA Overlay Provisions within the Comprehensive Plan: The proposed request is neither consistent nor inconsistent with the provisions of the PBIA Approach Path Conversion Overlay as specified within the County’s Comprehensive Plan. The provisions of this Overlay generally provide opportunities for property owners to initiate conversion of their properties to non- residential uses. With this petition, the property owner is not requesting a conversion to a non-residential use. However, pertaining to this request, the Future Land Use Element does state, “If vacant land within the Overlay is developed as residential, the County shall require the developer to provide notification to property owners within the new residential areas, that they are located within the PBIA -Overlay, and may experience some airport related noise. The provisions regarding notification shall be incorporated into the Unified Land Development Code (ULDC) (103-FLUE).” Staff has conditioned the proposed request to ensure consistency with this requirement.
Per requirements of the PBIA Overlay, the proposed request was presented to the PBIA Overlay Committee on April 13, 2004 for their review prior to DRO certification. At this meeting, in a 4-0 vote, the PBIA -Overlay Advisory Committee recommended approval of the project.
Plan recommendation that could apply: 1. Preserve the residential character along Belvedere Road by retaining all residential future la nd use designations between Military Trail and Florida’s Turnpike. (Page 51)
The proposed request is consistent with provisions of the Haverhill Area Neighborhood Plan (HANP).
FINDINGS: The proposal is consistent with the underlying MR-5 land use designation and density provisions of the Comprehensive Plan. 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.
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 BCC
July 22, 2004 Petition PDD2004-014
BCC District 6
Page Project No. 0904-000
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 consistency with this goal of the CCRT, Staff has conditioned the request to require these connections.
The request is consistent with the policies in the Comprehensive Plan pertaining to the PBIA Overlay. The proposed request is also consistent with recommendations made by the PBIA Overlay Advisory Committee. The proposal is consistent with the Haverhill Neighborhood Plan and its recommendation to retain residential FLU designations along Belvedere Road between Military Trail and Florida’s Turnpike. ______________________________________________________________________
MAJOR THOROUGHFARES: Total traffic expected from this project is 1,240 trips per day. Total traffic from the previous recreational use was 1,218 trips/day. In addition, TPS permits a 10% credit for Urban Redevelopment. The previous recreational use plus the 10% credit provided for an equivalent of 1340 trips per day, or a decrease of 100 trips/day.
TRAFFIC :
Belvedere Road SEGMENT: Project Entrance to Haverhill PRESENT: (Peak season Daily Count)
HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC:
-- FROM PETITION: No increase in traffic TOTAL:
34,211 PRESENT CAPACITY AT LEVEL OF SERVICE "D": 32,500 PRESENT LANEAGE: 4 Lane ______________________________________________________________________
WATER: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II.
SEWER: Sanitary sewer service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ______________________________________________________________________
VEGETATION PROTECTION: The site currently developed as a golf course and contains no significant amounts of native vegetation.
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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.
associated with this petition beyond compliance with ULDC requirements.
FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Article 4.D (Excavation) and 14 (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 development of 124 single family units has been approved (concurrency case#04032902C). This property is located within Concurrency Service Area 12. (SAC145B)
This project is estimated to generate approximately forty (40) public school students. The schools that currently serving this project area are Wynnebrook Elementary, Jeaga Middle, and Palm Beach Central High.
A bus shelter is indicated on the site plan in the clubhouse area. However, because of factors that have recently come about regarding the details of the proposed bus shelter area, the School District has notified the agent recommending an alternative location. The agent has agreed to work with the School District to find an acceptable location for a bus shelter. Therefore, a condition of approval has been applied to this petition request.
The petitioner has been advised that 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 may affect school boundaries.
PARKS AND RECREATION: Based on the proposed 124 dwelling units, a minimum of .74 acres of onsite recreation is required. The plan submitted indicates .74 acres of recreation will be provided, therefore, Parks and Recreation Department standards have been addressed.
CONCURRENCY: () FINDING: The request is in compliance with Article 2.F (CONCURRENCY (Adequate Public Facilities)) of the ULDC. ______________________________________________________________________
SITE FACTORS: A 31-acre site, 800 feet of frontage along Belvedere Road, and an average depth of 1,500 feet in length. The site currently supports a golf club.
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July 22, 2004 Petition PDD2004-014
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ADJACENT LAND USE AND ZONING: NORTH:
Comprehensive Plan: Medium Density Residential (MR-5) Zoning District: Single Family residential (RS) Supporting: Wynne Acres subdivision
SOUTH:
Comprehensive Plan: Medium Density Residential (MR-5) Zoning District: Multi-Family Residential (RM) Supporting: Wooded Acres subdivision
EAST:
Comprehensive Plan: Medium Density Residential (MR-5)
Zoning District: Medium Density Residential (MR-5) Supporting: Lake Belvedere Estates
WEST:
Comprehensive Plan: Medium Density Residential (MR-5)
Zoning District: Medium Density Residential (MR-5) Supporting: Wooded Acres subdivision
ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC), the Development Review Officer (DRO) shall approve a final site plan. The DRO review will assure compliance with the Board of County Commission conditions of approval, and applicable sections of the ULDC.
FINDINGS: 1.
Consistent with Comprehensive Plan. The proposed amendment is consistent with the Comprehensive Plan;
2.
Consistent with the Code. The proposed amendment is generally not in conflict with any portion of the Code, and will be consistent with the stated purpose and intent of the Code subject to the recommended conditions in Exhibit C;
3.
Compatible with surrounding uses and zones. Subject to conditions of approval, the proposed amendment is compatible as defined in the Code and generally consistent with existing uses and zones surrounding the subject land, and is the appropriate zoning district for the land. In making this finding, the Board may apply the appropriate zoning district;
4. Changed conditions. The petitioner indicated that the surrounding properties have been developed as residential detached housing types, and that the proposed detached (ZLL) will be consistent with the development pattern in the neighborhood;
5. Effect on natural environment. Subject to standard vegetation permit application and threshold review, the proposed amendment would not result in significantly adverse impact on the natural environment, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment;
6. Development patterns. The proposed residential development would result in a logical and orderly development pattern;
7.
Consistency with neighborhood plan. N.A.
8. Adequate public facilities. The proposed rezoning complies with Article 2.F, CONCURRENCY (Adequate Public Facilities).
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July 22, 2004 Petition PDD2004-014
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9. Other relevant standards of the Code. Subject to conditions of approval, The proposed request for an Optional residential Pod will comply with all standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics. ______________________________________________________________________
EXHIBITS
Exhibit A: Legal Description (NA - attached to resolution)
Exhibit B: Vicinity Sketch
Exhibit C: Conditions of Approval
Exhibit D: Accident History Report
Exhibit E: Letter from Land Design South to Zoning dated 6/23/04
Exhibit F: Agreement Contract and Correspondence from Gordon WPB, Inc.
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July 22, 2004 Petition PDD2004-014
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EXHIBIT C CONDITIONS OF APPROVAL
ALL PETITIONS
1. Development of the site is limited to the uses as approved by the Board of County Commissioners. The approved site master/regulating plans is are dated April 19, 2004. 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.
LANDSCAPING ALONG THE PERIMETERS (BELVEDERE ROAD FRONTAGE AND ABUTTING RESIDENTIAL)
1.
In addition to code requirements, landscaping and buffering within all buffers shall be upgraded to include:
a.
a minimum of one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning)
C. LANDSCAPING ALONG THE SOUTH, EAST AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL) 2.1. Landscaping and buffering along the south, east and west property lines shall be upgraded to include:
a. a minimum ten (10) foot wide landscape buffer strip. A maximum of five (5) feet easement encroachment shall be permitted; b. a six (6) foot high opaque concrete screen panel wall or a vinyl coated chain link fence. The northwest section of the wall within the west buffer, shall continue westward to abut the west property line; c.
one (1) canopy tree planted for each twenty (20) linear feet of the property line, alternating on both sides of the wall or fence; and, d. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters, alternating on both sides of the wall or fence. (BLDG PERMIT: LANDSCAPE - Zoning)
3.2. The following landscaping requirements shall be installed on the interior side of the required wall or fence:
one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation. (BLDG PERMIT: LANDSCAPE - Zoning)
4.3. Along the exterior side of the required wall or fence, the property owner shall install a continuous row of seventy-two (72) thirty-six (36) inch high shrub or hedge material. Shrub materials may be reduced to thirty (30) inches at installation should a wall is installed. (BLDG PERMIT: LANDSCAPE - Zoning)
4. The commencement and completion of the installation of the required walls shall concur with the installation of the irrigation system. (BLDG PERMIT: LANDSCAPE - Zoning)
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5.
Installation of plant materials pursuant to Conditions C.2 to C.4 shall occur and complete after the irrigational system is deemed operational by the County. (BLDG PERMIT: LANDSCAPE - Zoning)
D. PLANNED UNIT DEVELOPMENT
1. Street trees shall be required within the street tracts or right-of-ways of the subject development consistent with the requirements of the Engineering Department, and the following criteria:
a. along one side of all internal PUD streets, forty (40) feet in width or greater; b. along both sides of all internal PUD streets, fifty (50) feet in width or greater; and, c.
all Final Subdivision Applications shall include roadway cross- section sketches showing street trees. (DRO: ZONING/ENG - Zoning)
2. Prior to the recordation of the first plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following:
a.
All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents.(PLAT:ENG/COUNTY ATTY - Zoning)
3. Decorative paving treatment such as stamped concrete or concrete paving blocks shall be installed along the following areas and consist of the following minimum requirements:
main access point – a minimum of 10,000 square feet;
b. T-intersections – a minimum of 2,500 square feet each; and, c.
2 locations along internal access driveway (adjacent to drainage easement area) – a minimum of 1,200 square feet each. (DRO/CO:DRO/LANDSCAPE-Zoning)
4. A focal point/design features shall be located in areas indicated on the Conceptual site plan dated April 19, 2004, and shall consist of the following in each location:
a. median in the main access point – one (1) fountain; b. median in front of the club house – one (1) fountain; c.
lake – two (2) fountains; d.
four (4) units abutting T-intersections– designed with side loaded garage;
e. recreation area - one (1) gazebo and one (1) set of trellis; and, f. open space area – one (1) set of trellis. (DRO/CO:DRO/LANDSCAPE-Zoning)
E.
ENGINEERING
1. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule:
a.
No Building Permits for the site may be issued after June 16, 2007. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to
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the requirements of Article 2 Section E of the Unified Land Development Code. (DATE: MONITORING-Eng)
2. The Property owner shall close the existing median opening construct a left turn lane east approach on Belvedere Road at the Project's Entrance Road. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with this construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way.
a. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: MONITORING-Eng)
b. Construction for this improvement shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING- Eng)
LANDSCAPE WITHIN THE MEDIAN OF BELVEDERE ROAD
The petitioner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Belvedere Road. This landscaping and irrigation shall strictly conform with the specifications and standards for the County’s Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by petitioner shall be perpetually maintained by the petitioner, his successors and assigns, without recourse to Palm Beach County, unless petitioner provides payment for maintenance as set forth in Paragraph d below.
a)
The necessary permit(s) for this landscaping and irrigation shall be applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng)
b) All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING -Eng)
c) At petitioners option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the petitioner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the petitioner. The petitioner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the Petitioner. (ONGOING- ENGINEERING)
d)
Also, prior to the issuance of a Building Permit, and at the option of the petitioner, the petitioner may make a contribution to the Countys Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the Countys installation of landscaping and irrigation on qualifying thoroughfares shall be based on the projects front footage along Belvedere Road. This payment shall be in the amount and manner that complies with the schedule for such |
