palm beach countypalm beach county planning, zoning and building department zoning division...

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION

Application No.: PDD/DOA2006-1183 Control No.: 1973-030 Applicant: Lost Tree Club Inc Owners: Barbara Brethen - et al

Agent: Lucido & Associates - Mark D Mathis Telephone No.: (772) 220-2100 Project Manager: Carrie Rechenmacher, Senior Planner ______________________________________________________________________ Location: Approximately 0.25 mile south of US 1 on the east and west side of CRA1A (Lost Tree Beach Club). ______________________________________________________________________ Title: An Official Zoning Map Amendment to a Planned Development District. Request: Rezoning from the Residential Single Family (RS) Zoning District to the Residential Planned Unit Development (PUD) District. Title: A Development Order Amendment. Request: To add land area to an existing Planned Unit Development. _____________________________________________________________________ APPLICATION SUMMARY: Proposed is the rezoning of a 2.91-acre parcel of land from the Residential Single (RS) family zoning district to the Planned Unit Development (PUD) District. The Lost Tree Planned Unit Development (PUD) was approved by the Board of County Commissioners on June 28, 1973, and the 2.8-acre Lost Tree Beach Club parcel is a separate parcel within this community containing all the recreational facilities, however, this parcel was not incorporated under the PUD site boundary during the 1973 approval. The applicant is requesting to add this 2.8-acre parcel and an additional 1.1-acre right-of-way parcel (portion of Turtle Beach Drive) to the PUD. The 1.1 parcel is being brought into the Beach Club parcel to allow for an enhanced right-of-way landscape buffer. The Beach Club parcel (Pod F) will continue to be used for a recreational use with four tennis courts, and a proposed expansion to the existing clubhouse from 2,954 to 11,500 square feet, and a reconstructed pool. The recreational parcel will also be added to the South Lost Tree PUD providing a total of 79.07 acres. No other changes are proposed to the remaining of this PUD. Access to the site shall remain from Beach Club Way. ______________________________________________________________________ ISSUES SUMMARY: o Project History The overall approval of the Lost Tree Community occurred in phases. The portion of Lost Tree to the north of the Beach Club and the Beach Club parcel was developed as PUD prior to formal implementation of PUD regulations or approval process by the County. These 2 parcels have a Single Family Residential (RS) Zoning District and therefore, the standard RS property development regulations were and are applied to this portion of the community. The portion of Lost Tree to the south was approved as the Lost Tree Village South PUD, on June 28, 1973 (Petition 1973-30, Resolution 1973-398) for a Special Exception to allow a Planned Unit Development. In March 1974, the development came back for a ZC December 7, 2006 Page Application No. PDD/DOA-2006-1183 BCC District 1 Control No. 1973-030

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BCC approval to add land area to the property. The PUD regulations were applied and will continue to apply to this portion of the community. Since recreation uses are not allowed by right in the standard RS zoning district, which currently governs the Beach Club and the northern portion of the Lost Tree Community, but allowed under the PUD regulations. The applicant has opted to rezone the Beach Club parcel and add this land area to the South PUD in order to further the Club house expansion and renovation project. o Consistency with Comprehensive Plan The Planning Division has determined that the requests are consistent with the site’s Low Residential 2 (LR-2) Future Land Use designation. The development is also located within the Urban/Suburban Tier. See Planning comments for additional information. o Compatibility with Surrounding Land Uses To the north and south of the recreation parcel are the Ocean House apartments. To the east is the Atlantic Ocean and to the west are single family homes and a golf course, since the PUD and the recreational parcels are all existing, staff does not anticipate any adverse impacts to the surrounding properties from the request. In addition, the recommended conditions of approval and the ULDC address compatibility with surrounding land uses through the application of setbacks, landscape buffers, and other considerations. o Architectural Review Staff recommends a condition that the proposed clubhouse expansion to be subject to Article 5.C Architectural Guidelines as the ULDC exempts recreational uses in a PUD. Staff recommended that architectural elevations be submitted for review and approval at time of submittal for final Development Review Officer (DRO) approval of the site plan. o North Setbacks The proposed clubhouse will expand from 2,954 to 11,500 square feet (an addition of 8,546 square feet). The existing clubhouse was amended as a one time expansion to a non conforming use in 1997. At that time the expansion decreased the setback from 45 feet to 15 feet for the expanded portion only. Staff recommends a condition to maintain a 25 foot setback from the adjacent north property line due to the increase in mass of the proposed structure (Site Design Condition 1). o Height Staff also recommends a limitation of 25 feet in height of the clubhouse structure (Arch Review Condition 2). Staff recommends this condition to assure the recreation facility remains compatible in height and is consistent with the owner’s reliance of modest structure in this location. o Traffic The Traffic Division estimates that this request will generate approximately 10 trips per day with minimal additional traffic impact. o Variances The property owner has requested two variances relating to landscape buffer requirement along the north and south property lines and adjacent to the existing tennis court. The variances are 1) reduction in the number of trees along the north property line from 21 trees to 13 trees (-8); and 2) a reduction in the number of required parking spaces from 118 to 77 (-41) spaces. The Board of Adjustment granted these variances on June 15, 2006. See Exhibit E. ZC December 7, 2006 Page Application No. PDD/DOA-2006-1183 BCC District 1 Control No. 1973-030

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o Development Order Amendment – Changed Circumstances The applicant indicates that the original design developed in the 1960’s has now become obsolete. The level and scale of amenities provided to communities such as Lost Tree were different than what is required or desired today. In addition, the required buffers and parking landscape setbacks were also different. Consequently, the size of the Beach Club and beach club parcel is not sufficient to meet the requirements of today. In addition, the recreational use of the Beach Club is no longer a permitted use in its current RS zoning district. In order to enhance the current facility in relation to the surrounding uses, the reconstruction of the Beach Club will provide additional landscaping within the setbacks and buffers and will bring the overall landscaping for the site into compliance to the extent feasible with the new standards of Palm Beach County. ______________________________________________________________________

TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-43-42-03-02-000-0040 (See file for complete PCN list)

New

Land Use Designation:

Low Residential 2 (LR-2) Same

Zoning District: PUD Same Tier: Urban/Suburban Same Use: None None Acreage for the Lost Tree Village South PUD:

76.16 acres 79.07 acres (+2.91)

Dwelling Units: 137 Same Density: 1.45 du/ac Same Access: North Ocean Drive, A1A (1) Same

CODE ENFORCEMENT: N/A. ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received two (2) letters in approval and one (1) letter in opposition from the public with density concerns. ______________________________________________________________________ RECOMMENDATION: Staff recommends approval of this application subject to thirteen (13) conditions of approval as shown in Exhibit C. _____________________________________________________________________ MOTION: To recommend approval of an Official Zoning Map Amendment from the from the Residential Single Family (RS) Zoning District to the Residential Planned Unit Development (PUD) District. MOTION: To recommend approval of a Development Order Amendment to add land area to an existing Planned Unit Development.

ZC December 7, 2006 Page Application No. PDD/DOA-2006-1183 BCC District 1 Control No. 1973-030

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AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT


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ZC December 7, 2006 Page Application No. PDD/DOA-2006-1183 BCC District 1 Control No. 1973-030 Project No. -

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SITE PLAN DATED SEPTEMBER 26, 2006

ZC December 7, 2006 Page Application No. PDD/DOA-2006-1183 BCC District 1 Control No. 1973-030 Project No. -

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LANDSCAPE PLAN DATED SEPTEMBER 26, 2006

STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 2 units per acre (LR-2) Underlying Land Use: N/A CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from the Residential Single Family (RS) Zoning Districts to the Residential Planned Unit Development (PUD) Zoning District; and for a development order amendment (DOA) to add land area and determined the request is consistent with the LR-2 residential FLU designation. The request is also consistent with the maximum Floor Area Ratio (FAR) of .35 for a site with a LR-2 FLU designation. For this 2.91 acre site, the site could develop with a maximum of 44,365 square feet at the .35 FAR. The applicant has requested a FAR of approximately .09 or 11,500 square feet for this site. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is located within the future annexation area of the Village of North Palm Beach, the Town of Juno, and the City of Palm Beach Gardens. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. INTERGOVERNMENTAL COORDINATION: The subject property is located within one mile of the Village of North Palm Beach, the Town of Juno, and the City of Palm Beach Gardens. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject property is located within the boundaries of the John D. McArthur Beach State Park Greenline Overlay (JDMBSPGO). No inconsistencies have been identified. FINDINGS: The request is consistent with the land use designation of the Palm Beach County Comprehensive Plan. CONTROL NUMBER: 1973-030 ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this request is 16 trips per day. Previously approved project traffic was 13 trips per day. Additional traffic from this project subject to review of the Traffic Performance Standards is 10 trips per day.

TRAFFIC: PGA Boulevard SEGMENT: Project Entrance to US 1 PRESENT: 16882 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 10 TOTAL: 16892 PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 15400 PRESENT LANEAGE: 2 lane

Increase in Traffic has been determined to be insignificant. ZC December 7, 2006 Page Application No. PDD/DOA-2006-1183 BCC District 1 Control No. 1973-030

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______________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT: 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. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently an existing beach club facility for the Lost Tree PUD. The site does not contain any native vegetation. 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. ENVIRONMENTAL IMPACTS: The site is within the Sea Turtle Zone of jurisdiction and currently holds a Sea Turtle Lighting Approval for the previous building modifications. The construction of the new facility shall require a new Sea Turtle Lighting Approval, to be issued prior to the release of the building permit for the proposed construction. There are no other significant environmental issues associated with this petition beyond compliance with ULDC requirements. ______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. PARKS AND RECREATION: The Parks and Recreation Department supports the expansion of the recreational amenities. CONCURRENCY: Concurrency is approved for 137 existing homes in the PUD. Concurrency for the proposed 11,500 square foot clubhouse will be approved at time of final DRO. WATER/SEWER PROVIDER: Palm Beach County Water Utilities. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). ______________________________________________________________________


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DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: The recreation parcel is a 2.91 acre parcel, approximately 2,454 feet in length with an approximate depth of 200 feet. The overall PUD would be 79.09 acres with the recreational parcel addition. One access will remain from Turtle Beach Road. ADJACENT LAND USE AND ZONING:

NORTH: FLU Designation: Low Residential 2 (LR-2) Zoning District: Residential Single Family (RS) Supporting: Ocean House Apartments and Single

Family Residential of Lost Tree Village SOUTH: FLU Designation: Low Residential 2 (LR-2) Zoning District: Residential PUD (PUD) Supporting: Ocean House Apartments EAST: FLU Designation: N/A Zoning District: N/A Supporting: Atlantic Ocean WEST: FLU Designation: Low Residential 2 (LR-2) Zoning District: Residential Single Family (RS)

Supporting: Single Family Residential of Lost Tree Village and Golf Course

FINDINGS:

Rezoning Standards:

1. Consistent with Comprehensive Plan. The proposed rezoning is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and intensities of use. The ULDC requires any conditional use or requested use to be rezoned consistent with Table 3.C.1.A-4. Even though the existing RS Zoning of the property is consistent with the Low Residential 2 (LR-2) FLU designation; for Pod F, the recreational parcel to be added to the South Lost Tree PUD, the added parcel must have the same zoning district as the parent tract, the rezoning of Pod F from RS to PUD will make the added parcel consistent with the parent tract’s PUD zoning district and is consistent with the LR-2 FLU designation;

2. Consistent with Code. The proposed rezoning complies with all relevant and appropriate portions of Article 3.E, Planned Development Districts (PDDs) of the Code;

3. Compatible with surrounding uses. 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;

4. Changed conditions. The applicant indicates that the beach club was first

designed in the 1960s and the level of amenities is different than what is required and desired today. The expansion of the recreational use is not permitted in the RS zoning district. To enhance the current facility and expand the structure a rezoning to PUD is required. Design of the proposed development, with conditions of approval, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands;

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5. Effect on Natural Environment. The Beach Club parcel is currently developed. No native vegetation exists on the site. The proposed reconstruction will remove the nonconforming building encroachment into the coastal construction line. In addition, an approval of the Sea Turtle Lighting Plan from Environmental Resources Management and an approval of the site plan from the Palm Beach County Beaches and Shores counsel will be received prior to the issuance of a building permit.

The site will be designed in accordance with the Palm Beach County Unified

Land Development Code and Comprehensive Plan regulations and the variances approved via the Board of Adjustment (Case # BA2006-00485);

6. Development Patterns. The proposed use and project design are consistent

with current development patterns of the existing beach club and PUD. The proposed amendment would result in a logical and orderly development pattern;

7. Consistency with Neighborhood Plan. This project is not in a neighborhood

plan area. The subject property is located within the boundaries of the John D. McArthur Beach State Park Greenline Overlay (JDMBSPGO). No inconsistencies have been identified.

8. Adequate Public Facilities. The proposed rezoning complies with Article 2.F,

CONCURRENCY (Adequate Public Facilities). FINDINGS: Development Order Amendment Standards: 1. Consistent with Comprehensive Plan. The proposed development order

amendment is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use;

2. Supplementary Use Standards. The proposed development order amendment

complies with all relevant and appropriate portions of Article 3.E, Planned Development Districts (PDDs) of the Code;

3. Compatibility. The proposed development order amendment is compatible as

defined in the Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development;

4. Design Minimizes Adverse Impact. Subject to conditions of approval, the

expansion of the clubhouse and the reconstruction of the existing pool will not create any adverse effects, including visual impact and intensity of the proposed use on adjacent lands;

5. Adequate Public Facilities. The proposed conditional/requested use complies

with Article 2.F, CONCURRENCY (Adequate Public Facilities); 6. Design Minimizes Environmental Impact. See Response to Findings 5 of the

Rezoning. 7. Development Patterns. The proposed pool reconstruction and expansion of the

clubhouse will result in logical, timely and orderly development patterns of the South Lost Tree PUD, and will improve its recreational services to the entire Lost Tree Community.

8. Other Standards. The proposed development order amendment complies with all

standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics.


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9. Consistency with Neighborhood Plans.. See Response to Findings 7 of the Rezoning.

10. Changed Circumstances. The applicant indicates that the beach club was first

designed in the 1960s and the level of amenities is different than what is required and desired to day. The expansion of the recreational use is not permitted in the RS zoning district. To enhance the current facility and expand the structure a rezoning to PUD is required. Design of the proposed development, with conditions of approval, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands.

______________________________________________________________________ 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: Approval letter from Board of Adjustment date June 16, 2006.


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EXHIBIT C

CONDITIONS OF APPROVALS ALL PETITIONS 1. Development of the site is limited to the uses approved by the Board of County

Commissioners. The approved Preliminary Development Plan is dated October 13, 2006. All modifications must be approved by the Board of County Commissioners or Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING - Zoning)

ARCHITECTURAL REVIEW (CLUBHOUSE ONLY) 1. At time of submittal for final Development Review Officer (DRO) approval, the

architectural elevations for the clubhouse structure shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning)

2. The maximum height of clubhouse shall be shall be twenty-five (25) feet. All

heights shall be measured from finished grade to the highest point of the building, including air conditioning, mechanical equipment, satellite dishes and architectural features. (DRO: ARCH REVIEW - Zoning)

DUMPSTER- (CLUBHOUSE ONLY) 1. All areas or receptacles for the storage and disposal of trash, garbage, recyclable

material or vegetation, such as dumpsters and trash compactors, shall not be located within thirty-five (35) feet of the north property line and shall be confined to the areas designated on the site plan. (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: No Building Permits for the Recreation Club may be issued after January 4, 2010. 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 Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng)

2. Prior to issuance of a Building Permit for the Recreation Club the property owner

shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. Included in the replat shall be dedication of additional right of way for Turtle Beach Road as shown on the accompanying site plan. (BLDG PERMIT: MONITORING-Eng)

HEALTH 1. The property owners and operators of facilities generating industrial, hazardous

or toxic waste shall not deposit or cause to be deposited any such waste into the sanitary sewer system unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection, the Palm Beach County Health Department, and the agency responsible for sewage works are provided and used. (ONGOING: CODE ENF - Health)

ZC December 7, 2006 Page Application No. PDD/DOA2006-1183 BCC District 1 Control No. 1973-030 Project No. -

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LIGHTING (CLUBHOUSE ONLY) 1. All outdoor lighting shall be extinguished no later than 10 p.m. excluding security

lighting only. (ONGOING: CODE ENF - Zoning) 2. The lighting conditions above shall not apply to proposed security or low voltage

landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF - Zoning)

SITE DESIGN (CLUBHOUSE ONLY) 1. The minimum setback for the clubhouse structure shall be twenty-five (25) feet

from the north property line. (DRO: ZONING - Zoning) USE LIMITATIONS (CLUBHOUSE ONLY) 1. Deliveries shall not be allowed on the property prior to 8 a.m. nor continue later

than 8 p.m. daily. (ONGOING: CODE ENF - Zoning) 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 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) ZC December 7, 2006 Page Application No. PDD/DOA2006-1183 BCC District 1 Control No. 1973-030 Project No. -

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EXHIBIT D

ACCIDENT HISTORY REPORT


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EXHIBIT E

RESULT LETTER FROM BofA DATED JUNE 16, 2006


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