PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION. ZONING COMMISSION VARIANCE STAFF REPORT September 06, 2012

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT September 06, 2012 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV D.1.A Maximum of Building Coverage 30 percent SITUS ADDRESS: Watermark Way Palm Beach Gardens Watermark Way Palm Beach Gardens Watermark Way Palm Beach Gardens Watermark Way Palm Beach Gardens Watermark Way Palm Beach Gardens Watermark Way Palm Beach Gardens Watermark Way Palm Beach Gardens AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Collene Walter Urban Design Kilday Studios 477 S Rosemary Ave West Palm Beach FL Estates of Pennock Pointe, LLC Plantation Ln North Palm Beach FL PCN: BCC DISTRICT: percent Additional 10% increase in building coverage PROJECT Donna Adelsperger, Site Planner I MANAGER: LEGAL AD: ZV Title: Resolution approving a Type II Variance application of Estates of Pennock Point LLC by Urban Design Kilday Studios, Agent. Request: to allow an increase in building coverage for the units within the Harbor Place Subdivision. General Location: Approximately 0.6 mile north of Donald Ross Road, on the east side of Palmwood Road (HARBOR PLACE) ( ) ZONING DISTRICT: Residential Transitional with a Conditional Overlay Zone (RT/COZ ) LAND USE: CR/2 and LR-2 S/T/R: CONTROL #: LOT AREA: 6.25 acres +/- LOT DIMENSIONS: Required by ULDC: 100 feet (Width/Frontage) by 125 feet (Depth) ZC September 06, 2012 Page 25

2 CONFORMITY OF LOT: Yes CONFORMITY OF ELEMENT: Request for an increase in building coverage TYPE OF ELEMENT: Building Coverage ELEMENT SIZE: 30% maximum Building coverage BUILDING PERMIT N/A NOTICE OF N/A #: VIOLATION: CONSTRUCTION STATUS: Vacant APPLICANT REQUEST: to allow an increase in building coverage for the seven lots within Harbor Place Subdivision STAFF SUMMARY Type II Zoning Variance Request Proposed is a Type II Variance for the Harbor Place Subdivision. The applicant is requesting to allow an increase in building coverage for 7 lots from 30% to up to a maximum of 40% (+10%). General Location, Previous Approvals and Existing Conditions The 6.25-acre site is located on the east side of Palmwood Road approximately 0.5 mile north of Donald Ross Road. Access to the site will be provided from Palmwood Road On November 21, 2002 the Board of Adjustment (BofA) approved two Variances under Application BA ; 1) to allow for an increase in building coverage, and 2) for an increase in the height of a fence within the front yard. Also a Subdivision Variance, SD-110, to allow three lots direct access to Palmwood Road was approved. These Variances were not implemented and have expired. On March 27, 2003 the Board of County Commissioners (BCC) approved the rezoning of the property from the Light Industrial (IL) Zoning District to the Residential Transitional Suburban with a Conditional Overlay Zone (RTS/COZ) Zoning District to allow for the development of 7 residential units pursuant to Resolution R On November 24, 2003 the Final Subdivison Plan was approved. On November 18, 2004,since the 2002 Variance approvals were never utilized and thus expired, the applicant reapplied for the same Variances (increase in building coverage and increase in the height of the fence within the frontyard) in addition to one new Variance for reduction in lot frontage for Lots 5 and 6. The Variances were subject to a Condition, which required the applicant to obtain a Building Permit for one of the seven single family homes by November 16, This Condition of Approval was not completed, and prevented the 2004 approved Variances from being vested. The applicant is currently requesting only the Building Coverage Variance under this application. The increase in fence height is no longer requested as the applicant is proposing to install a security gate at the access of the site to address potential security concerns. The request to allow the reduction in lot frontage for Lots 5 and 6 is no longer required as the lots meet the minimum lot frontage for lots on a cul-de-sac. On January 27, the BCC approved the deletion of a portion of Cypress Island PUD (PUD) and the addition of that deleted land area to Harbor Place (RTS/COZ) and then rezoned Harbor Place to the RT/COZ Zoning District. On October 11, 2007 the property received Plat approval, as recorded in ORB 110, Pages 164 and 165. On November 15, 2007 an Administrative Time Extension for BA was granted by the Monitoring Section of Planning Division under application AVE , until November 16, A subsequent Time Extension, based on Florida Senate Bill 360, was granted until November 16, ZC September 06, 2012 Page 26

3 The applicant states that due to platting and construction contract issues, the Property Owner was not able to Commence Development of a single family home and the Variances have expired. The applicant further states that the Variances are necessary to allow for the development plan envisioned on the site, and as approved in It is important to note that Conditions of Approval associated with the prior Variances, granted by the BofA, included the installation of larger compatibility buffers and a retaining wall. The larger compatibility buffers are shown on the recorded plat and the retaining wall has been installed on site. To ensure that the hedges that are already installed remain, staff recommends Condition 3 (Exhibit C) that require the hedge along the north property line be maintained at a minimum height of six feet. The right-of-way buffer along Palmwood Road and the buffer along the south property line, adjacent to Cypress Island PUD recreation tract, have been installed. Compatibility with Surrounding Land Uses NORTH: FLU: Zoning District: Supporting: SOUTH: FLU: Zoning District: Supporting: EAST: FLU: Zoning District: Supporting: WEST: FLU: Zoning District: Supporting: Low Residential 2 (LR-2) Residential Transitional (RT) Residential (Control , Palmwood Shaw Rezoning) Low Residential 2 (LR-2) Residential Single-family with a Special Exception for a PUD (RS/SE/PUD) Residential (Control , Cypress Island PUD) N/A - Intracoastal Water way N/A - Intracoastal Water way N/A Town of Jupiter Town of Jupiter Residential and Golf Course Summary of Table 3.D.1.A., Property Development Regulations The purpose and intent of Table 3.D.1.A is to provide the minimum lot dimension, minimum and maximum density, maximum FAR, maximum building coverage, and minimum setbacks in each zoning district. The front, side, side street and rear setbacks shall be applied in accordance with the lot orientation as defined by lot frontage. The purposes of the aforementioned regulations are to ensure that development within the County occurs in such a way to minimize any potential adverse impacts on surrounding properties, and ensure compliance with the Florida Statutes by implementing and complying with the policies and objectives of the Comprehensive Plan. The current property owner, Estates of Pennock Point, LLC, is requesting approval of these variances, which were previously approved, but lapsed, to allow for an increase in building coverage from 30% to a maximum of 40% for each lot. The applicant indicated in the Justification Statement that since the development has no common recreational area serving the residents, each homeowner will have to individually accommodate amenities (such as pools, gazebos, outdoor kitchens, etc.) within their own property which affect their building coverage. ZC September 06, 2012 Page 27

4 Figure 1 Future Land Use Map ZC September 06, 2012 Page 28

5 Figure 2 Zoning Map ZC September 06, 2012 Page 29

6 Figure 3 Aerial ZC September 06, 2012 Page 30

7 Figure 4 Approved Final Subdivision Plan dated April 27, 2005 ZC September 06, 2012 Page 31

8 Figure 5 Approved Final Regulating Plan dated April 27, 2005 ZC September 06, 2012 Page 32

9 STAFF RECOMMENDATIONS Staff recommends approval of the request subject to 6 Conditions of Approval as indicated in Exhibit C, based upon the following application of the standards enumerated in Article 2, Section 2.B.3.E of the Palm Beach County Unified Land Development Code (ULDC), which an applicant must meet before the Zoning Commission who may authorize a variance. ANALYSIS OF ARTICLE 2, SECTION 2.B.3.E VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: YES. The subject property as proposed with seven lots is the last remaining undeveloped parcel in this area. The applicant is requesting approval of a Variance in order to construct a development that is similar in character to existing development in the vicinity, and is consistent with the plan of development originally approved for this site. If this property had met the minimum acreage to be a PUD, then this variance request would not be necessary as the ULDC allows single-family homes within a PUD to have a 40% building coverage. When the property was rezoned in 2003, it did not meet the minimum lot area to be rezoned to a PUD, thus resulting in the need for the variance in order to construct a development that is similar in character to the surrounding developments. The applicant is not requesting a reduction in building setbacks which will maintain the separation required by the RT Zoning District, and is greater than that required in a PUD Zoning District. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: YES. The parcel of land is of peculiar shape and configuration that prevents reasonable use of the land without the requested Variance. The request for increase in building coverage is consistent with other developments adjacent to this site. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: YES. Approval of the Variance will not grant the applicant any special privilege denied to other parcels of land, buildings, or structures in the same Zoning District. The Zoning Commission approved two similar Variance requests for an increase in lot coverage for applications ZV Trails at Canyon and ZV Dubois AGR PUD. Based on these recent approvals by the Zoning Commission for similar requests, staff is recommending approval whereas in the prior applications staff recommended denial of requests to allow an increase in building coverage. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: YES. The subject property is the last remaining undeveloped parcel in the surrounding vicinity. Approval of the Variance will allow development of the parcel in a manner that is consistent with surrounding development and as intended in the original development plan. The applicant did proceed in complying with all of the requirements of the prior development order, however, was unable to secure a Building Permit to vest the prior Building Coverage Variance. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: ZC September 06, 2012 Page 33

10 YES. The requested Variance is minimal, and will allow reasonable use of the property at a scale and intensity that is similar to surrounding properties in the vicinity. The minor increase in building coverage is consistent with that which is allowed in PUDs, such as Cypress Island to the south. No additional reductions in building setbacks are proposed. The applicant has stated that it is not anticipated that every lot will develop at the maximum building coverage, but that the ability to increase the building coverage will allow for flexibility in design of each single-family home and any accessory buildings and amenities, along with the opportunity in the future to construct additions to incorporate changes in lifestyle. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: YES. The granting of this Variance is consistent with the purposes, goals and objectives of the plan and the code. It was determined that the proposed plan of development was consistent with the Comprehensive Plan and the ULDC during their review in 2003 and 2005, which included the past variance approvals. The Variance is consistent with goals in the Comprehensive Plan to encourage infill development and create projects that result in the development of a livable community constructed in a manner that protects and improves quality of the natural and man-made environment. The proposed Variance is consistent with the development regulations applied to PUDs, which this project could have been considered if it met the minimum lot size to be rezoned to a PUD. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: YES. The granting of this Variance will not be injurious to the area or detrimental to the public welfare. The applicant is not proposing to deviate from the required setback thus with this Variance to increase building coverage no structures will be constructed any closer to property lines. The increase in building coverage will not be noticeable to the public from any vantage point and will not be injurious or detrimental to the public welfare. The granting of the Variance will allow for construction of a vacant parcel that is compatibly with the surrounding developments. ZC September 06, 2012 Page 34

11 ZONING COMMISSION CONDITIONS EXHIBIT C Type II Variance Standalone 1. This Variance is approved based on the layout of the approved Final Subdivision Plan dated April 27, (ONGOING: ZONING - Zoning) 2. Prior to October 5, 2012, the Final Subdivision Plan shall be udpated to reflect the Variance approval granted herein. (DATE: ZONING Zoing) 3. In addition to Code requirements the compatibility landscape buffer along the north property line shall be upgraded as follows: a. shall contain a continuous hedge maintained at a minimum height of six (6) feet. (ONGONG: LANDSCAPE - Zoning) 4. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Final Subdivision Plan to the Building Division. (BLDG PERMIT: ZONING -Landscape) 5. In granting this approval, the Zoning Commission 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: MONITORING - Zoning) 6. 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 (CO); 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 Unified Land Development Code (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 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: MONITORING - Zoning) ZC September 06, 2012 Page 35

12 Exhibit D: Disclosure ZC September 06, 2012 Page 36

13 ZC September 06, 2012 Page 37

16 Exhibit E: Applicant s Justification Statement ZC September 06, 2012 Page 40