PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ... · ZC May 1, 2014 Page154...

ZC May 1, 2014 Page154

Application No. PDD/R-2013-00771 BCC District 2 Control No. 2001-00064 Project No. 05721-000

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No.: PDD/R-2013-00771 Application Name: Southern Light Industrial Park Control No.: 2001-00064 Applicant: Southern Investments Partnership, LP Owners: Southern Investments Partnership, LP Agent: Cotleur & Hearing, Inc. - Brian Cheguis Telephone No.: (561) 747-6336 Project Manager: Carol Glasser, Site Planner II

TITLE: an Official Zoning Map to a Planned Development District REQUEST: to allow a rezoning from the Industrial and Public Facilities (IPF) and the Public Ownership (PO) Zoning Districts to the Multiple Use Planned Development (MUPD) Zoning District TITLE: a Requested Use REQUEST: to allow Manufacturing and Processing

APPLICATION SUMMARY: Proposed is an Official Zoning Map Amendment of 68.8 acres of land from the Industrial and Public Facilities (IPF) and the Public Ownership (PO) Zoning Districts to the Multiple Use Planned Development (MUPD) Zoning District for the Southern Light Industrial Park development. In 2002, the Board of County Commissioners (BCC) approved a 10-acre portion of the site as a Transfer of Development Rights (TDR) sending area. In 2006, the BCC revoked a previous approval for a college or university recreation facility on a 60-acre portion of the site. The applicant proposes a total of 606,200 square feet (sq. ft.) in 8 buildings consisting of: Two 130,050 sq. ft. buildings; two 82,250 sq. ft. buildings; two 70,800 sq. ft. buildings; one 24,000 sq. ft. building; and, one 16,000 sq. ft. building. Also proposed is a Requested Use to allow Manufacturing and Processing uses. A total of 181,600 sq. ft. of light industrial and/or Manufacturing and Processing uses (4 buildings); and, 424,600 sq. ft. of Warehouse uses (4 buildings) are proposed. The Preliminary Site Plan also indicates 4.0 acres of required upland preserve, 3.0 acres of additional preserve area, 0.93-acre of open space, a 7.83-acre lake, and a total of 1,276 parking spaces will be provided. Access from Southern Boulevard (1); and, Drexel Road (1 for preserve/potable well maintenance only) are proposed. SITE DATA:

Location: North side of Southern Boulevard approximately 0.4 miles east of Jog Road.

Property Control Number(s) 00-42-43-27-05-005-0400; -0410; -0420; and, 00-42-43-34-00-000-5010

Existing Land Use Designation: Economic Development Center (EDC) Economic Development Center, with underlying MR-5 (EDC/5)

Proposed Land Use Designation: No Proposed Change

Existing Zoning District: PO and IPF

Proposed Zoning District: MUPD

Acreage: 68.80 acres

Tier: Urban/Suburban

Overlay District: Palm Beach International Airport Overlay (PBIAO) Turnpike Aquifer Protection Overlay (TAPO) Urban Redevelopment Area Overlay (URAO)

Neighborhood Plan: Haverhill Neighborhood Plan

CCRT Area: N/A

Municipalities within 1 Mile Town of Haverhill

Future Annexation Area City of West Palm Beach and Town of Haverhill

RECOMMENDATION: Staff recommends approval of the requests subject to 23 Conditions of Approval as indicated in Exhibit C-1 and 5 Conditions of Approval as indicated in Exhibit C-2.



PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 2 contacts from the public requesting additional information regarding this project.

PROJECT HISTORY:

Application No. Resolution and Request Approval Date

CA-2001-064 R-2002-1002 and R-2002-1003 for a rezoning from the Agricultural Residential (AR) Zoning District to the IPF Zoning District and a Class A Condition Use to allow a college or university (recreational facility) on a 60-acre portion of the site.

June 19, 2002

TDR-2002-0054 R-2002-1966 to approve a 23.25-acre site as a sending area for 97 TDR units to the Johnson Properties PUD. The Conservation Easement was recorded in OR BK 14828 PG 1210 on February 21, 2003 restricting the property to a Park use. Johnson Properties PUD is complete. On May 5, 2009, the BCC approved the partial release of the Conservation Easement on the northern 13.29-acres for the development of the Boys and Girls Club (Control No. 2002-064). See Exhibit E for the complete project history of the proposed "Haverhill Linear Park" and the applicant's request for the BCC to release the remainder of the conservation easement, which encumbers 10-acres on the eastern portion of the subject site.

October 24, 2002

Z-2002-064 R-2003-0936 for a rezoning from the AR Zoning District to the PO Zoning District with a Conditional Overlay Zone (COZ) on a 10-acre portion of the property (f.k.a. Johnson Property Linear Park)

June 26, 2003

SR-2001-064 R-2006-2051 to revoke the Class A Conditional Use granted via R-2002-1003

September 26, 2006

SURROUNDING LAND USES: NORTH: FLU Designation: Medium Residential, 5 units per acre (MR-5) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Zero Lot Line (ZLL) Homes (Taheri PUD, Control No. 1996-00031) NORTH and EAST FLU Designation: MR-5 Zoning District: Residential Single Family (RS) Supporting: Assembly NonProfit Institutional (Boys and Girls Club/Haverhill, Control No. 2002-00064) NORTH and WEST FLU Designation: MR-5 Zoning District: AR Supporting: Single Family Residential EAST: FLU Designation: MR-5 Zoning District: Multifamily Residential District (RM) Supporting: Single Family Residential (Royal Palm Estates, Control No. N/A) SOUTH FLU Designation: MR-5 Zoning District: AR Supporting: Single Family Residential (Control No. N/A)



SOUTH (across Southern Boulevard): FLU Designation: Low Residential, 1 unit per acre (LR-1) Zoning District: Residential Transitional District (RT) Supporting: Single Family Residential (Control No. N/A) SOUTH and WEST FLU Designation: MR-5 Zoning District: AR Supporting: Vacant WEST FLU Designation: MR-5 Zoning District: AR/Special Exception Supporting: Private Recreational Facility and Club (CWA Union Local 3112, Control No. 1985-00175) WEST: FLU Designation: MR-5 Zoning District: AR Supporting: Single Family Residential (Control No. N/A) WEST FLU Designation: MR-5 Zoning District: AR Supporting: Vacant

FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An 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 amendment is consistent with the Plan. Prior Land Use Amendments: The site has been the subject of 2 of previous Land Use amendments. The first amendment, Palm Beach Atlantic College, 01-064 INST 1, was adopted with conditions via ORD. 2001-039, which amended the land use from MR-5 to INST/5 with the following conditions:

1. The use on the site shall be restricted to outdoor athletic fields, courts, and accessory structures as specified in the Unified Land Development Code (ULDC) thereto, to support a college; or residential use of the site governed by the MR-5 land use designation

2. The primary athletic field or venue shall be limited to a maximum of 2,500 seats; each additional athletic field or venue shall be limited to a maximum of 500 seats;

3. Access to the site shall be limited to Southern Boulevard; and 4. Native Slash Pine trees shall be preserved within the perimeter buffer of the site.

A subsequent Land Use amendment, Southern / Jog EDC LGA-2008-027, was adopted with conditions via ORD. 2008-051. This amendment the land use from INST/5 to EDC with the following condition: "Development of the site under the EDC designation shall be limited to a maximum of 1,139,464 square feet of light industrial uses as defined by the ULDC." Intensity: The subject site is limited to a maximum of 1,139,464 sq. ft. of light industrial uses by condition of the above land use amendment. The request for 606,200 sq. ft. of light industrial and warehouse uses for the overall MUPD, equates to a FAR of approximately 0.25 (606,200/2,998,670 sq. ft. or 68.84 acres = 0.20). The total square footage and uses are consistent with the land use amendment condition in ORD. 2008-051.

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Special Overlay District/ Neighborhood Plan/Planning Study Area: The subject property is located within the boundaries of the Palm Beach International Airport Overlay (PBIAO), Haverhill Neighborhood Plan and the Urban Redevelopment Area (URA). The request is not inconsistent with either Overlay or the neighborhood plan. The request to rezone to the MUPD zoning district would be consistent with the recent Land Use Amendment approval. The amendment condition will be carried forward in the Zoning process as it was approved by the BCC. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of

this Code, and is consistent with the stated purpose and intent of this Code. The proposed development complies with the Property Development Regulations of a MUPD with an Industrial land use designation. At the time of application, Property Development Regulations for a MUPD with an EDC land use designation had not yet been adopted. PBIAO: The Department of Airports has reviewed the proposed development. The property owner must comply with FAA Advisory Circular 150/5200-33 Hazardous Wildlife Attractants dated January 30, 2014 from the Department of Airports, Planning and Development Department, which is applicable to the design of the lakes. TAPO: The Preliminary Site Plan dated March 13, 2014 indicates the boundary of the TAPO. The applicant will provide two potable water wells on the northern portion of the property lying north of the Lake Worth Drainage District (LWDD) L-4 Canal. This northern parcel will be accessed via Drexel Road for preserve and potable well maintenance only. URAO: Interconnectivity Standards, encourages, but does not require interconnectivity to adjacent residential parcels. This standard is in conflict with the PBIAO, which requires a Mandatory Landscape Barrier or approved alternative where adjacent to residential. The perimeter landscape buffers adjacent to residential support significant existing vegetation and is required to be preserved to the greatest extent possible. TDRs: The eastern 10 acres of the site was designated as a TDR sending area for the Johnson Properties PUD on October 24, 2002. A Condition of Approval for the Johnson Properties PUD required the TDR sending area to be rezoned to be consistent with its future land use designation. Resolution R-2003-0936 approved on June 26, 2003 rezoned the site to the PO Zoning District with a Conditional Overlay Zone (COZ). Subsequently, ORD. 2008-051 changed the land use from MR-5 to EDC. Environmental Resources Management has found that the area, which was recently owned by Palm Beach County and is currently under a Property and Real Estate Management “passive park” Conservation Easement, does not meet the criteria for preserve dedication as set forth in ULDC 14.C. The applicant is requesting that the BCC release the Conservation Easement recorded in OR BK 14828 PG 1210 (Exhibit E). Parking: The proposed parking meets the minimum requirements of Article 6.A.1.B Minimum Parking Requirements for Manufacturing and Processing and Warehouse uses and Article 5.B.1.C Flex Space Parking. The PBIAO prohibits truck parking within 75 feet of a property line that abuts a residential district. The loading areas are screened by the buildings or an 8-foot high wall. Landscaping: A mandatory landscape barrier consisting of a solid 6-foot hight (CBS) concrete block and steel wall with a continuous footing or an alternative acceptable to the Zoning Director is required in the PBIAO where adjacent to residential. A Type III Incompatibility Buffer with a wall is required for MUPD boundaries that are adjacent to residential or an alternative buffer as approved by the BCC as a Condition of Approval. Staff is recommending Landscape Condition 2 in Exhibit C-1 to provide an Incompatibility Buffer that will not negatively impact the existing significant vegetation that exists in the perimeter buffer areas. Foundation Plantings are not required for Industrial buildings that are not visible from a public street or residential zoning distict. However, the applicant has indicated on the Preliminary Site Plan dated March 13, 2014 that foundation plantings will be provided for all of the buildings.

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Architecture: Although the applicant has requested that elevations be submitted at time of Building Permit, staff is recommending a Condition of Approval requiring the Buildings visible from public streets or residential to be submitted for review and approval with the requirements of Article 5.C. Should the Industrial buildings not be visible from a public street or residential zoning district they may be exempt from Article 5.C. The Visual Impact Analysis will determine the visibility of the buildings. Buildings F, G, and H are internal to the site. Signage: The Preliminary Master Sign Plan dated March 13, 2014 indicates one Freestanding Sign a maximum of 12-feet in height, Outparcel Signs (8) for each building with a maximum height of 6 feet, and On-Site Directional Signs (4) at the internal intersections. 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and

generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district.

The PBIA overlay recognizes that the airplane noise-affected lands surrounding the PBIA are most suitable for campus-style industrial development to protect neighborhoods from incompatible land development and to protect airport operations from incompatible land development to assure safe, unobstructed access for all aircraft that enter and exit the airport. The applicant proposes a site design to locate buildings and their associated loading areas away from residential. Preserve, lake areas, and parking are adjacent to the property's boundaries. Subject to the recommended Conditions of Approval for the perimeter landscaping, the proposed development will not create a significant incompatibility. 4. Effect on Natural Environment – The proposed amendment will not result in significantly

adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

VEGETATION PROTECTION: There are remaining several areas on the site that still support native vegetation. There will be two preserve areas on the site. The northern area will be restored and used to mitigate vegetation removed elsewhere on the site. WELLFIELD PROTECTION ZONE: The property is intended to be the site of a Community well and now will be located with Wellfield Protection Zones 1, 2, 3, and 4. 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: The site has no outstanding contamination issues. A Gopher Tortoise population has been identified on the site. An approval from Florida Fish and Wildlife Commission to relocate tortoises that cannot be accommodated on the site shall be required prior to Site Plan approval. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 5. Development Patterns – The proposed amendment will result in a logical, orderly, and timely

development pattern. The proposed amendment is consistent with the development pattern identified as logical for the PBIAO. This site is near Florida's Turnpike access from both Southern Boulevard and Jog Road. The proposed amendment will result in a logical, orderly, and timely development pattern. 6. Adequate Public Facilities – The proposed amendment complies with Art. 2.F, Concurrency.

ENGINEERING COMMENTS:

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The Property Owner shall obtain a permit from the Florida Department of Transportation for access onto, or work within SR 80. The Property Owner shall plat the project in accordance with ULDC Article 11 prior to issuance of the first building permit. TRAFFIC IMPACTS The Property Owner has estimated the build-out of the project to be December 31, 2018. Total traffic impact from the project is expected to be 2461 daily and 279 PM peak hour trips. Additional traffic is subject to review for compliance with the Traffic Performance Standard. The following roadway improvements are required for compliance with the Traffic Performance Standards: a. Modify the lane configurations at the intersection of Southern Boulevard and Sansbury's Way for an ultimate configuration as follows: south approach=2 lefts, 2 throughs, 2 rights, north approach=2 lefts, 2 throughs, 1 right, west approach=2 lefts, 4 throughs, 1 right, east approach=2 lefts, 4 throughs, 1 right. The Property Owner will be required to make a proportionate share payment of 1.56% of the total cost of making the above improvements. b. Modify the lane configuration at the north approach of the intersection of Southern Boulevard and Pike Road: 2 lefts and 2 rights. The Property Owner will be required to make a proportionate share payment of 18.28% of the total cost of making the above improvements. c. Restripe the north approach of the intersection of Southern Boulevard and Benoist Farms Road to include 1 left and 1 shared left/through/right lane. d. Restripe the south approach of the intersection of Southern Boulevard and Kirk Road to include 2 lefts and 1 shared through/right lane. As part of site related improvements, the Property Owner would be required to: a. install a east approach right turn lane on Southern Boulevard at the project entrance. b. install a west approach left turn lane on Southern Boulevard at project entrance, as per the FDOT conceptual driveway approval requirements. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Southern Boulevard from Jog Road to Haverhill Road Existing count: Eastbound=2309, Westbound=3654 Background growth: Eastbound=448, Westbound=571 Project Trips: Eastbound=138, Westbound=92 Total Traffic: Eastbound=2895, Westbound=4317 Present laneage: 6 Lanes Assured laneage: 6 Lanes LOS "D" capacity: 5980 vehicle per hour (directional) Projected level of service: LOS D or better PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis FIRE PROTECTION: No Staff Review Analysis SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis Concurrency has been provided for a total of 606,200 sq. ft. consisting of 181,600 of light industrial uses and 424,600 sq. ft. of Warehouse use to include a Requested Use for Manufacturing and Processing uses in the MUPD. 7. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate the amendment.

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On December 3, 2008, the BCC approved Ordinance No. 2008-051 to amend the Future Land Use Atlas for the subject site to EDC and EDC/5. The existing IPF and PO Zoning Districts are not consistent with the EDC land use designation. The property must be rezoned to be consistent with the EDC land use designation. The MUPD Zoning District will allow the property to be developed with a range of light industrial uses consistent with the intent of an Economic Development Center. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.1.B 1-7 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the rezoning request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C-1 and C-2. 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 Manufacturing and Processing use in the MUPD Zoning District is consistent with the purposes, goals, objectives and policies of the Plan. 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 proposed Manufacturing and Processing use in the MUPD Zoning District complies with all applicable standards and provision of the Code for use, layout, function, and general development characteristics. The proposed Manufacturing and Processing Use is located within Buildings A-D, with E-H being Warehouse. The applicant has clustered the manufacturing uses together, along with their allowance for some flex retail space. The layout and function allows for both cars and large trucks to circulate through the development. 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 proposed use is compatible and generally consistent with the uses and character in the PBIA overlay area. Conversion to industrial uses, including Manufacturing and Processing, is encouraged in the PBIAO. 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.

The Manufacturing and Processing use is in enclosed buildings that exceed minimum requirements for setback and will be buffered in accordance with Landscape Condition 2 of Exhibit C-1. 5. 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.

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There are no significant environmental issues associated with this request beyond compliance with ULDC requirements for the MUPD development. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern.

The proposed use is consistent with the development pattern identified as logical for the PBIAO. The proposed Manufacturing and Processing use will result in a logical, orderly, and timely development pattern for the campus-style industrial development. 7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency.

Concurrency has been provided for a total of 606,200 sq. ft. consisting of 181,600 of light industrial uses and 424,600 sq. ft. of Warehouse use to include a Requested Use for Manufacturing and Processing uses in the MUPD. 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification.

On December 3, 2008, the BCC approved Ordinance No. 2008-051 to amend the Future Land Use Atlas for the subject site to EDC and EDC/5. The MUPD Zoning District will allow the property to be developed with a range of light industrial uses consistent with the intent of an Economic Development Center. A Manufacturing and Processing use in a MUPD with the EDC land use designation requires that the use be approved as a Requested Use. Manufacturing and Processing uses are a large part of the mix of light industrial uses envisioned on this site to stimulate job creation in the planned industrial center. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the rezoning request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C-1 and C-2.

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CONDITIONS OF APPROVAL Exhibit C-1 PDD- Residential Planned Development District ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 13, 2014. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 2. All previous conditions of approval contained in Resolution R-2003-0936 (Control No. 2002-064), are hereby revoked. (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for Buildings A, B, C, D, and E shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC). Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after 12/31/2018. 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 the requirements of Art. 2.E of the Unified Land Development Code. (BLDGPMT/DATE: MONITORING - Engineering) 2. No Building Permits for the site shall be issued until the Property Owner makes a proportionate share payment in the amount of 1.56 percent of the total cost of the following improvements at the intersection of Southern Blvd and Sansburys Way: i. modify the north approach to make a total of two (2) left turn lanes, two (2) through lanes, and one (1) right turn lane, ii. modify the south approach to make a total of two (2) left turn lanes, two (2) through lanes, and two (2) right turn lanes, iii. modify the west approach to make a total of two (2) left turn lanes, four (4) through lanes, and one (1) right turn lane, and iv. modify the east approach to make a total of two (2) left turn lanes, four (4) through lanes, and one (1) right turn lane. These modifications will also require widening of the Lyons Road bridge on the south approach to accommodate the receiving lanes as well as all necessary tapers. This proportionate share amount may be applied toward construction of this improvement or one or more other improvements that will benefit the mobility in the area impacted by the project, as determined by the County Engineer and/or the Florida Department of Transportation. The value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the County Engineer or other method approved by the County Engineer at the time of payment. (BLDGPMT: MONITORING - Engineering) 3. The Property Owner shall construct:

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i. A left turn lane west approach on Southern Blvd at Project's entrance road. The length of this turn lane must accommodate at a minimum 95% of the truck traffic queue, as required by the FDOT driveway conceptual approval letter, or as approved by the FDOT and the County Engineer. ii. A right turn lane and bicycle lane east approach on Southern Blvd at the Project's entrance road. The length of this turn lane shall be as approved by the FDOT and the County Engineer. a. Permits required from FDOT for this construction shall be obtained prior to the issuance of the first building permit. (BLDGPMT: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) 4. No Building Permits for the site shall be issued until the Property Owner makes a proportionate share payment in the amount of 18.28 percent of the following improvements at the intersection of Southern Blvd and Pike Road: i. modify the north approach to make a total of two (2) left turn lanes and two (2) right turn lanes. This improvement may require widening and tapering of the this and other legs of this intersection. This proportionate share amount may be applied toward construction of this improvement or one or more other improvements that will benefit the mobility in the area impacted by the project, as determined by the County Engineer and/or the Florida Department of Transportation. The value of the improvement shall be based on an engineer's certified cost estimate provided by the applicant and approved by the County Engineer or other method approved by the County Engineer at the time of payment. (BLDGPMT: MONITORING - Engineering) 5. The Property Owner shall i. restripe the north approach of the intersection of Southern Blvd and Benoist Farms Rd to include one left turn lane and one shared left/through/right lane ii. restripe the south approach of the intersection of Southern Blvd and Kirk Road to include two left turn lanes and one shared through/right lane. All the above modifications should be consistent with Palm Beach County standards and must include, but not limited to, all signal modification costs. Within sixty (60) days notice from the County Engineer all the above modifications must be completed by the Property Owner. Any and all costs associated with this work 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, signal modifications, including hadrware and labor cost. The County Engineer may require or the Property Owner may choose to have the County/FDOT perform the above modifications and reimburse all the associated costs to the County. (ONGOING: ENGINEERING - Engineering) 6. Prior to the issuance of the first building permit, the Property Owner shall configure the property into legal lot(s) of record in accordance with the provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 7. The Property Owner shall improve Drexel Road to local street standards from Flatrock Road south to the property limits concurrent with the onsite improvements, or the Property Owner can reconfigure the proposed lake and provide access to the preserve area from Southern Boulevard, both as approved by the County Engineer. a. Prior to the issuance of the first building permit, permits required for the roadway construction shall be obtained. (BLDGPMT: MONITORING - Engineering) b. Prior to the issuance of the first certificate of occupancy, the construction of the roadway shall be complete. (BLDGPMT/CO: MONITORING - Engineering) 8. Prior to the issuance of the first building permit, the property owner shall provide to Florida Department of Transportation (FDOT) by deed additional right of way for the construction of a right turn lane and bicycle lane on Southern Boulevard at the project's entrance road. This right of way width shall be as approved by FDOT. The right of way should be continued across the project entrance and shall be free and clear of all encumbrances and encroachments. Property owner shall provide FDOT with sufficient documentation, which may include at minimum, sketch and legal description of the area to be conveyed, copy of the site plan, a Phase I Environmental Site Assessment, status of property taxes, statement from tax collector of delinquent and pro-rata daily

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taxes, full owner name(s) of area to be conveyed and one of the following: title report, attorney s opinion of title, title commitment or title insurance policy, or as otherwise required and acceptable to FDOT. The Grantor must warrant that the property being conveyed to FDOT meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County and FDOT harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney s fees as well as the actual cost of the clean up. Thoroughfare Plan Road right of way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate, as determined by the County Engineer, additional right of way for Expanded Intersections and corner clips. The Property Owner shall coordinate conveyance of right of way directly with FDOT and shall provide evidence to Palm Beach County Land Development Division once conveyance has been completed. (BLDGPMT: MONITORING - Engineering) 9. Prior to issuance of the first building permit, the property owner shall provide to Palm Beach County sufficient public road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Southern Boulevard along the property frontage; and a maximum of an additional 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient water quality, water quantity and, when necessary, compensating storage capacity within this project s system as required by all permitting agencies, as well as conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County, the applicable Drainage District, and the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. Specifically, one lane must be open during the 25-year, 3-day storm and the elevation for the 3-year, 1-day storm event shall provide sufficient freeboard to allow for efficient roadway drainage system design. If required and approved by the County Engineer, the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering)

ENVIRONMENTAL 1. Prior to site plan approval, the plan shall be modified to be consistent with the construction standards pursuant to ULDC Artlicle 14.B Wellfield Protection. (DRO: ENVIRONMENTAL RESOURCE MANAGEMENT - Environmental Resource Management)

LANDSCAPE - GENERAL 1. Concurrent with the submittal for Building Permits, the Property Owner shall submit a Landscape Plan and/or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan(s) and/or supporting documents shall include a tree survey and demonstrate that the Preserve vegetation will meet or exceed the Unified Land Development Code requirements. Additional native vegetation may be relocated or added to preserve areas to meet the intent of this condition. (BLDGPMT: LANDSCAPE - Zoning)

LANDSCAPE - PERIMETER 2. A Type II Incompatibility Buffer shall be provided in any area of the MUPD adjacent to a residential use type or undeveloped land with a residential FLU designation in lieu of a Type III Incompatibility Buffer per ULDC Art. 3.E.3.B.2.c and the Mandatory Landscape Barrier per the Palm Beach International Airport Overlay (PBIAO). The purpose of this condition is to ensure that existing native trees and understory plantings are preserved within the buffer to the greatest extent possible and that existing vegetation is not negatively impacted by the installation of a wall.

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The Type II Incompatibility Buffer shall: a. be a minimum of twenty (20) feet in width; b. provide a minimum of three (3) rows of shrubs consisting of a mix of small, medium, and large shrubs; c. provide a solid, opaque, vegetative barrier a minimum of six (6) feet in height at time of installation; and, d. provide a minimum of one (1) canopy tree per twenty (20) lineal feet. (ONGOING: LANDSCAPE - Zoning) LAKE WORTH DRAINAGE DISTRICT 1. Prior to platting, approval from LWDD for Technical Compliance, or the issuance of any LWDD permits, the owner shall convey to LWDD either by warranty deed or exclusive easement deed the North 50 feet of Tracts 41 and 42, Block 5, PBFCP3, less lands already conveyed to LWDD for the L-4 Canal. LWDD will provide and record the conveyance document. (PLAT: ENGINEERING - Lake Worth Drainage District)

PALM TRAN 1. Prior to Plat Recordation, the Property Owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area as indicated on the site plan and in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran shall be required. (PLAT: MONITORING - Palm-Tran)

PARKING 1. Overnight storage or parking of delivery vehicles or trucks shall not be permitted on the property, except within designated loading and delivery areas. (ONGOING: CODE ENF - Zoning)

PLANNING 1. Per LGA-2008-027, ORD:2008-05; development of the site under the EDC designation shall be limited to a maximum of 1,139,464 square feet of light industrial uses as defined by the ULDC. (ONGOING: PLANNING - Planning)

USE LIMITATIONS 1. The Manufacturing and Processing use, which is indicated in Buildings A, B, C, and D of the Preliminary Site Plan dated March 13, 2014, may be relocated to Buildings E, F, G, and/or H subject to compliance with MUPD Freestanding Buildings and all applicable provisions of the Unified Land Development Code (ULDC). (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant 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: ZONING - 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; the 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 Unified Land Development Code 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 of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity.

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Staff may be directed by the Executive Director of PZ&B or the 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 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.

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Exhibit C-2 Requested Use ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 13, 2014. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) USE LIMITATIONS 1. The Manufacturing and Processing use, which is indicated in Buildings A, B, C, and D of the Preliminary Site Plan dated March 13, 2014, may be relocated to Buildings E, F, G, and/or H subject to compliance with MUPD Freestanding Buildings and all applicable provisions of the Unified Land Development Code (ULDC). (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant 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: ZONING - 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; the 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 Unified Land Development Code 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 of Approval; 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 the 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 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.

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Figure 1 Land Use Map

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Figure 2 Zoning Map

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Figure 3 Aerial

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Figure 4 Preliminary Site Plan PSP-1 dated March 13, 2014

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Figure 9 Preliminary Regulating Plan PRP-1 dated February 24, 2014

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Figure 10 Preliminary Regulating Plan PRP-2 dated March 13, 2014

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Figure 11 Preliminary Master Sign Plan PRP-2 dated March 13, 2014

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Exhibit D: Disclosures

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Exhibit E: Applicant's Request to Release Conservation Easement

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PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ... · ZC May 1, 2014 Page154...

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Transcript of PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ... · ZC May 1, 2014 Page154...