PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: Z Petitioner: PBC Facilities Development & Operations Owner: Palm Beach County Agent: Melaine Borkowski Telephone No.: (561) Project Manager: Eric McClellan, Planner II Location: Southwest corner of Randolph Siding Road and Jupiter Farms Road (Jupiter Farms Community Park Expansion). Title: Official Zoning Map Amendment. Request: Rezoning from the Agricultural Residential (AR) Zoning District to the Public Ownership (PO) Zoning District. PETITION SUMMARY: Proposed is the rezoning of acres of land from the Agricultural Residential (AR) Zoning District to the Public Ownership (PO) Zoning District to allow for the expansion of the Jupiter Farms Community Park. The existing 13.3-acre park supports 3 athletic fields, active recreation equipment, and a Palm Beach County Fire-Rescue station; all of which will remain unaffected by the request. As proposed, the park will be expanded to acres to accommodate 2 additional activity fields; an enlarged equestrian riding ring; recreation equipment; concessions; restrooms; picnic pavilions and shelters; an office; and both native upland and wetland preserve areas. The conceptual master plan for the acre expansion indicates 3 equestrian use areas totaling 9.4 acres; 4.6 acres to accommodate sports fields; 2 passive recreation areas totaling 4.5 acres; 2 preserve areas totaling 2.7 acres; 2 grass paking areas totaling 3.2 acres; a.6-acre pond; and a 2.9-acre lake. A total of 265 parking spaces are provided, and access will be from Jupiter Farms Road and Randolph Siding Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined that the request is consistent with the site s Rural Residential 10 (RR-10) Future Land Use (FLU) designation. Additionally, the site is located within the Rural Tier and the Jupiter Farms Neighborhood Plan (JNP) study area. See Planning Division Comments for additional information. o Compatibility with Surrounding Land Uses To the north of the site, across Randolph Siding Road (66-foot wide right-of-way), are 5 lots that each supports a single-family residence. The adjacent property to the east, across Jupiter Farms Road (200-foot wide right-of-way), supports a single-family residence. The adjacent property to the west also supports a single-family residence. The existing 13.3-acre Jupiter Farms Community Park and a 2.02-acre commercial property are located to the south. Staff anticipates no adverse impacts to the surrounding properties from the request. 20

2 o Traffic The Engineering Department estimates that the request will generate 114 trips per day. o Landscape/Buffering The conceptual master plan for the acre park expansion area indicates a 20-foot wide right-of-way landscape buffer along the east property line fronting Jupiter Farms Road. A 15-foot wide right-of-way landscape buffer is provided along the north property line abutting Randolph Siding Road. A 15-foot wide incompatibility buffer is proposed along the west property line abutting residential property. A 5-foot wide compatibility buffer will be provided in the southeast corner of the property where the site abuts a commercial property. Pursuant to Article 7.C of the ULDC, landscaping shall achieve a natural and informal appearance to respect the rural character of the area. The petitioner has indicated that the site will be planted with all native vegetation. o Signs The petitioner is proposing no signage at this time. Pursuant to ULDC Section 8.G.2.A., the site is permitted a single freestanding sign with a maximum height of 15 feet and a maximum sign face area of 100 square feet for the frontage of Jupiter Farms Road. An additional freestanding sign with a maximum height of 8 feet and a maximum sign face area of 100 square feet is permitted along the frontage of Randolph Siding Road. A pair of entrance signs that are attached to a fence or wall may also be permitted at all points of entry to the site. o Site History The acre site was the subject of a previous approval by the BCC. On January 29, 1981, the BCC approved a request to allow for the development of a commercial sales and service enterprise, as well as a commercial stable (Resolution R , Petition ). The petitioner is proposing to abandon the resolution granting approval of those uses in order to accommodate the proposed park expansion. TABULAR DATA EXISTING PROPOSED Property Control Numbers: and Same Land Use Designation: Rural Residential 10 (RR 10) Same Zoning District: Agricultural Residential (AR) Public Ownership (PO) Use: Agricultural Public Park Acreage: acres Same (50.08 acres including the existing 13.3-acre park property) Floor Area: 0 3,518 sq. ft. Building Coverage: 0.2% 21

3 FAR: Parking: spaces Access: None Jupiter Farms Road (1) and Randolph Siding Road (1) PUBLIC COMMENT SUMMARY: At time of publication, staff had received 4 letters in support and 1 letter in opposition to the request. The comments generally indicate concern with the proposed facilities and amenities to be included within the proposed park expansion area. RECOMMENDATION: Staff recommends approval of the request, subject to five (5) voluntary commitments as indicated in Exhibit C. MOTION: To recommend approval of the request for a zoning from the Agricultural Residential Zoning District to the Public Ownership Zoning District. 22

4 23

5 24

6 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 25

7 CONCEPTUAL MASTER PLAN 26

8 STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Rural Residential 10 (RR- 10). The existing Jupiter Farms Community Park, which is not part of this rezoning request, has a FLU designation of Institutional (INST). Underlying Land Use: None 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 Public Ownership (PO) Zoning District and determined the development proposal is appropriate for this parcel's RR-10 FLU designation. FLUE Policy a states, Parks and Recreation uses shall be allowed in all future land use designations (53-FLUE). The proposed request is also consistent with the maximum Floor Area Ratio (FAR) of.20 for a nonresidential use with a RR-10 FLU designation. For this acre site, the site could develop with a maximum of 320,862 square feet at the.20 FAR. The applicant s conceptual site plan indicates a FAR of approximately or 3,518 square feet for this acre site. The applicant's conceptual master plan was reviewed for consistency with policies from the Future Land Use Element (FLUE) and Transportation Element (TE), including FLUE Policy 4.3-g (77-FLUE), FLUE Policy 4.3-i (77-FLUE), TE Policy 1.9-j (48-TE), TE Policy 1.9-l (48-TE), TE Policy 1.9-m (48-TE), and TE Policy 1.9-q (48-TE) which encourage pedestrian connections and improved pedestrian accessibility both within and between sites. Finally, FLUE Policy 4.3-i states, The Unified Land Development Code, based on County Directives and the Livable Communities Principles, shall promote sustainable design and future land use compatibility by... establishing pedestrian system linkages (77-FLUE). Per the intent of the above policies, prior to Development Review Officer (DRO) certification, Staff encouraged the applicant to consider revising the conceptual master plan to provide for pedestrian connections from the site to the future/proposed sidewalks along Jupiter Farms Road and Randolph Siding Road. The applicant revised the conceptual master plan to include a pedestrian connection to Jupiter Farms Road. The applicant opted to not provide a pedestrian connection to Randolph Siding Road since a sidewalk has not been planned for Randolph Siding Road. TIER: The subject property is in the Rural Tier. Any proposed development located within the Rural Tier is subject to policies in the Comprehensive Plan regarding the presentation and orientation of said development. FLUE Policy 1.4-i states, Where feasible considering the existing development pattern, the County shall promote the development of central community places by clustering and co-locating neighborhood commercial uses, day care, places of worship, and public community-serving uses which may include, but are not limited to, a mix of government satellite offices, meeting space, schools, parks and recreation facilities, and libraries. Within these central community places, buildings should be sited to form a public common or green space for community use. Site planning, building orientation, architectural treatment, and landscaping of nonresidential development should reflect the character of a rural community (26- FLUE). FLUE Policy 1.4-j states Future development in the Rural Tier shall be consistent with native ecosystem preservation and natural system restoration (26-FLUE). FLUE Policy 1.4m also states, The County shall continue to provide the rural zoning regulations for areas designated Rural Residential in order to protect and maintain the rural communities of present and future residents of these areas. The regulations shall, at a minimum: 9. Include provisions that restrict clear cutting for residential purposes to encourage: preservation of open space and protection of native vegetation and tree canopy 27

9 in front, rear, and side yards; preservation of environmental systems; protection of wildlife; and, retention of the rural character of the Rural Tier (27-FLUE). In accordance with these policies, the location of the park adjacent to an existing fire station furthers the language regarding collocation of community uses. The petitioner has indicated that the site will be planted with all native vegetation, which is compatible with the rural character of the community. In addition, the proposed buildings will comply with the Rural Design Guidelines of ULDC Article 5, Chapter C. Finally, signage will be restricted to one (1) monument style sign only on both Jupiter Farms Road and Randolph Siding Road. To also further the intent of these policies, at least 50% of the site area should have a pervious surface. The certified master plan appears to conform to this standard with the amount of shellrock and grass parking spaces proposed on the site. However, the site appears to be overparked by 105 parking spaces. As such, any overflow parking spaces shall also consist of grass or shellrock to be consistent with the intent of the policies. Once these revisions have been made, the site plan would further policies in the Plan regarding park uses in the Rural Tier. Prior to DRO certification of the conceptual master plan, Staff met with the applicant and encouraged the design of the site to be consistent with these policies. The certified conceptual master plan contains grass and shellrock drive aisles. The equestrian use areas do contain grass parking. However, the main parking areas have remained paved even parking areas that abut some equestrian uses areas. The applicant stated that since part of the proposed uses involve sports fields, parking should involve asphalt surfaces to avoid potential maintenance issues. Staff suggested that, since the site was overparked in terms of what the required amount of parking spaces would be (151 parking spaces), that the parking should be reduced to what is required or the excess parking spaces (105 parking spaces) should be grass or shellrock parking. After meeting with Staff, the applicant did not agree to provide the excess parking spaces as grass or shellrock for the same reason as specified above. In conclusion, the conceptual master plan is generally consistent with policies in the Plan for park and recreation uses in the Rural Tier regarding building design, landscaping, and signage. However, the site plan could have been further improved if parking areas, especially excess parking areas, were pervious. 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 Town of Jupiter. As part of the public hearing notice process, Zoning Staff has notified the Town of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is located within the Jupiter Farms Neighborhood Plan (JNP) study area. Prior to Development Review Officer (DRO) certification of the conceptual master plan, Planning staff reviewed the petition and determined that the proposed request appears to be inconsistent with four (4) recommendations of the JNP: Recommendation R-4A states that the Parks and Recreation Dept. should explore the possibility of providing a non-motorized access into Jupiter Farms Community Park. Prior to DRO certification, the site plan presented by the applicant did not show any non-motorized access into the Park. This access should consist of multipurpose pathways to address how both pedestrians and horses enter the park from adjoining properties. 28

10 Recommendation R-4B calls for the exploration of the possibility of providing and equestrian pathway around the perimeter of the Park. Since the proposed site plan includes equestrian use areas it would be advisable to consider the provision of the equestrian pathway around the entire park. Recommendation R-4C states that outdoor directional sports lighting should not illuminate neighboring properties. Excluding lights necessary for security, all park lighting will be operational only between the hours of 8:00 a.m. and 10:00 p.m.. The applicant needs to provide a lighting plan that complies with this recommendation. A lighting detail shall also be provided for the area labeled Sports Fields on the site plan to address how the lighting in this area will not illuminate neighboring properties. Recommendation R-10F4 requires proposed non-residential development to comply with certain appearance standards for parking and facilities to hitch horses. Specifically, grass parking or shellrock spaces and the use of trees and shrubs is encouraged. Prior to DRO certification, the site plan submitted by the applicant did not appear to depict grass parking, however, it does depict some shellrock parking. On the other hand, the site is significantly overparked by 105 parking spaces. All overflow parking spaces shall also be grass or shellrock. The site plan should be modified to comply with this recommendation. Prior to DRO Certification, in order to demonstrate conformance with the Plan s recommendations, the applicant met with Staff to address conformance with the Plan s recommendations. After meeting with Staff, the applicant made the following comments and revisions to the conceptual master plan. The applicant indicated that he felt the Plan was in conformance with the recommendations of the JNP to the greatest extent possible. The applicant stated that the park was designed to meet the needs of the entire Jupiter Farms Community. The applicant revised the conceptual master plan to add a pedestrian connection to Jupiter Farms Road but not Randolph Siding Road. No provisions were made to address how horses would enter the site from either roadway. The applicant indicated that it would not be feasible or compatible to provide pedestrian access around the entire perimeter of the park due to the heavy usage of the ballfields. Regarding lighting of the site, the applicant indicated that a lighting plan would be provided during the building permit review process. Regarding Staff s request to provide more pervious parking surfaces, please see Staff s previous discussion in the Section above titled TIER. In conclusion, the certified conceptual master plan could be further improved to address recommendations of the Jupiter Farms Neighborhood Plan if mulitpathway access was provided to the park and more pervious surfaces were shown on the site. FINDINGS: The request is consistent with the RR-10 land use designation of the Palm Beach County Comprehensive Plan. The conceptual master plan could have been improved to further Rural Tier policies in the Plan and recommendations of the Jupiter Farms Neighborhood Plan if multipurpose pathway accessibility (both equestrian and pedestrian) was given to the park and the park contained more pervious parking surfaces, especially in excess parking space areas. 29

11 ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 114 trips/day. TRAFFIC: Jupiter Farms Road SEGMENT: Randolph Siding Road - Indiantown Road PRESENT: (Peak season Daily Count) 10,144 HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: 75 TOTAL: 10,219 PRESENT CAPACITY AT LEVEL OF SERVICE "D": 14,900 PRESENT LANEAGE: 2 Lane PALM BEACH COUNTY HEALTH DEPARTMENT: WATER: Public water service is not available to the property. Therefore, application and engineering plans to construct a non-community well in accordance with Rule FAC and Palm Beach County ECR-II shall be submitted to the Palm Beach County Health Department for approval. SEWER: Sanitary sewer service is not available to the property. Therefore, application and engineering plans to construct an onsite sewage treatment and disposal system (OSTDS) in accordance with Rule 64E-6 FAC and Palm Beach County ECR-I shall be submitted to the Palm Beach County Health Department for approval. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently undeveloped and contains native vegetation. Native vegetation consists of Slash Pine, Live Oak, Cabbage Palm, Cypress, Southern Cedar, Saw Palmetto, Cocoplum and various tilandsia and fern species. 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 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 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 Article 4.D (Excavation) and 14 (Environmental Standards). 30

12 OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: No impacts. PARKS AND RECREATION: No impact. CONCURRENCY: Concurrency has been approved for acres of public park use. WATER/SEWER SERVICE PROVIDER: N/A (well and septic). FINDING: The request is in compliance with Article 2.F (Adequate Public Facility Standards) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A acre site, approximately 1,310 feet in width with an average depth of 1,291 feet accessed by Jupiter Farms Road (1) and Randolph Siding Road (1). The site currently supports an equestrian riding ring, which is anticipated to be incorporated into the proposed park expansion project. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Rural Residential 10 (RR-10) Zoning District: Agricultural Residential (AR) and Residential Estate (RE) Supporting: Single-family residential SOUTH: Comprehensive Plan: Commercial Low with underlying RR-10 (CL/RR10) and Institutional (INST) Zoning District: General Commercial/Special Exception (CG/SE) and Public Ownership (PO) Supporting: Commercial (Petition , Resolutions R and R ), Public Park and Government Services EAST: Comprehensive Plan: Rural Residential 10 (RR-10) Zoning District: Agricultural Residential (AR) Supporting: Single-family residential WEST: Comprehensive Plan: Rural Residential 10 (RR-10) Zoning District: Agricultural Residential (AR) Supporting: Single-family residential FINDINGS: 1. Consistent with Comprehensive Plan. The Planning Division has determined that the request is consistent with the site s Rural Residential 10 (RR-10) Future Land Use (FLU) designation, as well as the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Consistent with the Code. The proposed Zoning Map Amendment is consistent with all applicable provisions of the ULDC, as well as the stated purpose and intent of the ULDC. 31

13 3. Compatible with surrounding uses and zones. The petitioner has agreed to provide all right-of-way and perimeter landscape buffers as required per ULDC Section 7.F. The property is also adjacent to existing non-residential uses to the south. Therefore, the proposed development is compatible as defined in the ULDC. The proposed zoning district is appropriate for the subject property. 4. Changed conditions. The proposed rezoning will allow for the expansion of an existing park facility; thereby enhancing the availability of recreation services and opportunities for members of both the immediate community and the general public. 5. Effect on natural environment. The site is currently undeveloped and contains native vegetation. Native vegetation consists of Slash Pine, Live Oak, Cabbage Palm, Cypress, Southern Cedar, Saw Palmetto, Cocoplum and various tilandsia and fern species. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development patterns. The proposed rezoning will have no adverse impact on local development patterns. Development of the property will respect existing conditions that surround the property. 7. Consistency with neighborhood plan. The proposed rezoning is consistent with the recommendations of the Jupiter Farms Neighborhood Plan. 8. Adequate public facilities. Concurrency has been approved for acres of public park use. The proposed rezoning complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Voluntary Commitments Accident History Report 32

14 EXHIBIT C VOLUNTARY COMMITMENTS A. ENVIRONMENTAL RESOURCE MANAGEMENT (ERM) 1. The property owner shall incorporate tree preservation areas approved by ERM into the future park conceptual master plan, prior to submittal for the first building permit. The management of the tree preservation areas shall be incorporated into the park management plan and approved by ERM prior to final adoption of the plan. (BLDG PERMIT: ERM - ERM) B. HEALTH 1. Prior to the issuance of a building permit, application and engineering plans to construct a non-community well in accordance with Rule FAC and Palm Beach County ECR-II shall be submitted to the Palm Beach County Health Department for approval. (BLDG PERMIT: HEALTH - Health) 2. Prior to the issuance of a building permit, application and engineering plans to construct an onsite sewage treatment and disposal system (OSTDS) in accordance with Rule 64E-6 FAC and Palm Beach County ECR-I shall be submitted to the Palm Beach County Health Department for approval. (BLDG PERMIT: HEALTH - Health) C. 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 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 33

15 approval, in accordance with the provisions of Article 2.E 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) 34

16 EXHIBIT D ACCIDENT HISTORY REPORT 35