PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 09/01/2011

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 09/01/2011 APPLICATION NO. ZV CODE SECTION REQUIRED PROPOSED VARIANCE 3.D.2.B Property Development Regulations (PDRs) Zero Lot Line (ZLL) Maximum of 50% building coverage for a ZLL dwelling Up to 55% building coverage for one-story dwellings To allow a 10% increase in building coverage for one-story dwellings. SITUS ADDRESS: AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: 3.D.1.A. PDRs Single Family dwelling in a PUD [Table 3.E.2.D PUD PDRs, apply RS District PDRs] Maximum of 40% building coverage for a Single Family dwelling Various Gladys DiGirolamo G.L. Homes 1600 Sawgrass Corporate Pkwy Sunrise, FL Up to 44% building coverage for one-story dwellings ZC 09/01/2011 Page 212 To allow a 10% increase in building coverage for one-story dwellings. Boca Raton Associates VI, LLLP; by Boca Raton VI Corp., General Partner 1600 Sawgrass Corporate Pkwy Sunrise, FL PCN: ZONING Agricultural Reserve Planned Unit Development (AGR-PUD) DISTRICT: BCC DISTRICT: 05 PROJECT Carol Glasser, Site Planner II MANAGER: LEGAL AD: ZV Title: Resolution approving a Type II Zoning Variance application of Boca Raton Associates VI LLLP by G.L. Homes, Agent. Request: to allow an increase in building coverage for one-story dwellings General Location: East side of Lyons Road, south of West Atlantic Avenue. (DUBOIS AGR-PUD) ( ) LAND USE: Agricultural Reserve (AGR) S/T/R: CONTROL #: LOT AREA: Development Area: acres +/- ZLL minimum lot size: 4,500 square feet Single Family minimum lot size: 6,000 square feet MINIMUM LOT ZLL - Interior Lot: 45 feet wide by 75 feet deep DIMENSIONS: Corner Lot: 50 feet wide by 75 feet deep Side Street Lot: 55 feet wide by 75 feet deep Single Family Lot: 65 feet wide by 75 feet deep

2 CONFORMITY OF LOT: TYPE OF ELEMENT: BUILDING PERMIT #: CONSTRUCTION STATUS: APPLICANT REQUEST: Conforming Building Coverage is defined as that portion of the lot area occupied by the ground floor square footage of a building or structure expressed as a percentage N/A Unconstructed CONFORMITY OF ELEMENT: ELEMENT SIZE: NOTICE OF VIOLATION: N/A Varies as to particular one-story model chosen to be constructed on a particular lot. N/A to allow an increase in building coverage for one-story dwellings STAFF SUMMARY Type II Zoning Variance Request The applicant is requesting a Type II Variance for the Dubois Agricultural Reserve Planned Unit Development (AGR-PUD). The applicant is requesting to allow an increase in building coverage for the one-story dwelling units from 40% to up to 44% for Single Family homes and from 50% to up to 55% for Zero Lot Line (ZLL) homes, a variance of up to 10% for both dwelling types for the entire project. The variance request does not apply to any two-story Single Family or ZLL units. General Location, Previous Approvals and Existing Conditions The acre development area site is located on the east side of Lyons Road and south of West Atlantic Avenue. Access to the development parcel will be provided from 1 access point on Lyons Road. The acres of preserve area (known as Butts, Johnson, SFWMD #1 and #2) are all located west of SR7/US441 and are not affected by this request. On June 16, 1998, the Board of County Commissioners (BCC) approved a rezoning to the Agricultural Reserve (AGR) Zoning District via Resolution R On July 28, 2005, the BCC approved Resolution R to rezone from the AGR Zoning District to the Agricultural Reserve Planned Unit Development (AGR-PUD) Zoning District to allow the development of an AGR-PUD for 554 units consisting of 356 Single Family and 182 ZLL units with a minimum of 60 percent preserve area and a maximum of 40 percent development area; and, Resolution R to allow a waiver of performance standards (cul-de-sac). On October 26, 2006, the BCC approved Resolution R for a Development Order Amendment (DOA) to reconfigure the Master Plan to change housing type to allow 283 Single Family units and 271 ZLL units for the 554 dwelling units; and, Resolution R to allow a waiver of performance standards (cul-de-sac). On January 24, 2008, the BCC approved Resolutions R and R for a rezoning to the ARG-PUD Zoning District and a DOA to delete and add land area within the preserve area. On March 31, 2010, the BCC approved Resolutions R and R for a DOA to reconfigure the Master Plan, increase the number of units by 48 to 602 consisting of 186 Single Family and 416 ZLL units, designate a model row, modify and delete Conditions of Approval (Planning, Planned Unit Development), restart the Commencement of Development Clock; and a waiver of performance standards (cul-de-sac). On June 27, 2011, the BCC approved Resolutions R and R to increase dwelling units to 658 consisting of 169 Single Family and 489 ZLL units; and, a waiver of performance standards (cul-de-sac). The development area provides 67 acres of lakes and a 4.78-acre recreation parcel. Construction of the site has begun. ZC 09/01/2011 Page 213

3 Surrounding Land Uses NORTH: FLU Designation: Zoning District: Supporting: SOUTH: FLU Designation: Zoning District: Supporting: AGR AGR-PUD Single Family residences, Mizner Country Club (aka Delray Training Center, Control No ) AGR AGR-PUD Agriculture Future development area of Appolonia Farms PUD (Control No ) EAST: (across the Lake Worth Drainage District (LWDD) E-2W Canal and Florida Turnpike) FLU Designation: Low Residential, 3 units per acre (LR-3) Zoning District: Residential Transitional Suburban (RTS) Zoning District, which is a previous Zoning District corresponding to the Residential Transitional (RT) Zoning District Supporting: Single Family residences (Control No ) WEST: (across the 110-foot wide Lyons Road right-of-way) FLU Designation: AGR Zoning District: AGR-PUD Supporting Agriculture Future development area of Hyder AGR-PUD (Control No ) ZC 09/01/2011 Page 214

4 Figure 1 Aerial ZC 09/01/2011 Page 215

5 Figure 2 Final Master Plan FMP-1 dated July 13, 2011 ZC 09/01/2011 Page 216

6 Figure 3 Final Master Plan FMP-2 dated July 13, 2011 ZC 09/01/2011 Page 217

7 Figure 4 Final Street Layout and Pedestrian Pathways Plan dated July 13, 2011 ZC 09/01/2011 Page 218

8 Figure 5 Models 501 and 502 ZC 09/01/2011 Page 219

11 STAFF RECOMMENDATIONS Staff recommends denial of the request. If the Zoning Commission approves the request, then staff recommends approval subject to 5 Conditions of Approval as indicated in Exhibit C., based upon the following application of the standards enumerated in Article 2, Section 2.D.3 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.D.3.G.2 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: NO. There are no special circumstances exist that are peculiar to this development that are not applicable to other developments within the same Zoning District. With the adoption of the new Unified Land Development Code (ULDC) under Ordinance , Article 3 Property Development Regulations was modified, which removed the language for flexible regulations. When this development was originally approved in 2004, the development was subject to the 40% and 50% thresholds for building coverage for each lot. The applicant suggests in their Justification Statement (Exhibit E, page 6 of 9) that other AGR-PUDs were allowed to have an increase in building coverage. These PUDs were approved under a different Ordinance. PUDs approved since the adoption of the new Code all have the same requirements for maximum building coverage of 40% for Single Family and 50% for ZLL. The applicant fails to justify why this parcel of land is peculiar and warrants a need to increase building coverage. If as the applicant states a one-story model must be designed larger to meet the needs/desires/value for a buyer in a non-age restricted community, then the applicant must restrict the one-story models to the lots that are sufficient in size to not exceed minimum Code requirements for building coverage. 2. Special circumstances and conditions do not result from the actions of the applicant: NO. The applicant recently requested (DOA/W ) and was approved for a Development Order Amendment on June 27, 2011 to increase the number of units from 602 to 658 thereby creating the lots that cannot support building coverage for the one-story models. (See Figure 3 for maximum building coverage information on FMP-2. The circumstance of one-story models exceeding the maximum building coverage permitted by Code results from the applicant s actions. The applicant also indicates in their Justification Statement (Exhibit E, page 5 of 9) a desire not to restrict the ability of a purchaser to select only the larger lots if a particular one-story model is chosen. Except the applicant indicates they will restrict Plan 752 to a larger lot as Plan 752 would exceed the 10% variance requested. The 10% variance is based on a review of proposed lot sizes. The proposed lot sizes exceed minimum lot dimensions as to width and depth and are oversized due to a lot s location on water features, cul-de-sacs, and curved roadways according to the applicant. However, not all of the lots are proposed to be of sufficient lot area to support the proposed one-story models and possible future models. The applicant indicates some deviations would be well below the 44% and 55% building coverage requested. The request to allow up to a 10% variance for building coverage on any lot in the development is a circumstance resulting from the applicant choosing an arbitrary limit on the maximum variance to be requested. 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, structures or buildings in the same zoning district: ZC 09/01/2011 Page 222

12 NO. All applicants must meet the minimum requirements of the Code at the time of application submittal. The most recent Development Order Amendment application (DOA/W ) to reconfigure the Master Plan and add units was submitted on January 19, 2011 and approved by the BCC on June 27, The ULDC in effect on January 19, 2011 was Ordinance Supplement 9. The applicant states that the Mizner Country Club, Saturnia Isles and The Oaks were all approved under flexible regulations that were removed from the ULDC prior to the Dubois AGR-PUD initial Development Order. However, these applications were approved under a prior Code and not precedent-setting as to a variance request. Grant of the variance would set a precedent that an applicant can choose a particular prior Code requirement or, as in this case, particular flexibility in a prior Code without complying with the entire Code in effect at the time of application. 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: NO. All PUDs approved under the Ordinance are all subject to the maximum 40% and 50% building coverage. The applicant states that the project is planned as an up-scale community with pricing starting from around $500,000 up to the $1.5 million price range. The applicant indicates a need to reduce the canyon effect described by the applicant as a streetscape dominated by twostory units and indicates attempts to control the canyon effect include offering one-story models within each pod, alternative building facades for two-story models, open spaces, and paint schemes. The applicant indicates that one-story models provide the most effective solution to this canyon effect, but only a small percentage of upscale family buyers chose the one-story models opting for the more desirable large square footage of two-story models to accommodate multiple bedrooms, office/den areas, and play rooms. One-story models meeting the square footage needs of a higher percentage of upscale family buyers can meet Code requirements on a larger lot. The applicant can control the streetscape by reserving some of the larger oversized lots for one-story models. 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: NO. The applicant indicates that many of the proposed lot sizes are already oversized and many of the lots within the Dubois AGR-PUD would not need the requested variance for a one-story model. The applicant is requesting an even 10% variance for the entire development although the actual deviation of typical lots reviewed yields of lot coverage of less than 10%. Many lots would not need the variance at all. None of the typical lots reviewed for Models 501, 502, 551, 552, 751, 752 yield a need for a 10% variance exactly. The applicant indicates that flexibility is needed to add product in the future based on the market. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: NO. A variance in building coverage of up to 10% is requested to allow 5 of the 6 plans submitted with this application to be built on any of the 658 lots regardless of the reduction in overall pervious area that may result due to the increase in building coverage. The Type 1B Administrative Variance process allows the review of this standard and the exact increase in building coverage and if an increase in building coverage results in a decrease in pervious area that is recommended to be mitigated through Conditions of Approval that would run with the lot. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare: No. An application for Development Order shall comply with the ULDC to ensure that all Development Orders approved in unincorporated Palm Beach County (PBC) are consistent with the Comprehensive Plan. The Code establishes comprehensive and consistent standards and ZC 09/01/2011 Page 223

13 procedures for the review and approval of all proposed development of land in unincorporated PBC. Further, the intent of the Code as relative to this request is to prevent the overcrowding of land, facilitate adequate drainage, and consistency in established regulations. [Art. 1.A.1.C.] Although the applicant has presented the project and variance request to the adjacent Mizner Country Club community and the Master Homeowners Association has provided a letter of support, the public is not likely cognizant of the correlation between an increase in building coverage and a decrease in pervious (green) area. The applicant also met with the Alliance of Delray Residential Associations, Inc. who also provided a letter of support for the project. (See Exhibit F). Again, the public may not be aware that increase in building coverage results in a decrease in pervious (green) area this variance is requesting a reduction and the effect of approving a reduction in pervious area over an entire development. ZC 09/01/2011 Page 224

14 If the Zoning Commission approves the request, then staff recommends approval subject to 8 Conditions of Approval as indicated in Exhibit C. EXHIBIT C Type II Variance - Standalone ZONING COMMISSION CONDITIONS VARIANCE 1. This Variance was approved based on the layout of the approved Final Master Plan and Final Street Layout and Pedestrian Pathways Plan dated July 13, (ONGOING: BLDG - Bldg) 2. The Develpment Order for this variance shall be tied to the Time Limitations of the Development Order for W/DOA (ONGOING: MONITORING - Zoning) 3. Single family and Zero Lot Line (ZLL) residential units that exceed the maximum building coverage permitted pursuant to this variance approval shall be limited to one-story and shall be located adjacent to an open space greater than 50 feet in width. (BLDG PERMIT: ZONING Zoning) 4. Prior to application for Building Permit for a one-story Zero Lot Lint (ZLL) unit with a building coverage greater than 50% and less than or equal to 55%, the Final Subdivision Plan shall be amended to indicate the actual building coverage applicable to the lot. (BLDG PERMIT: BLDG - Bldg) 5. Prior to application for Building Permit for a one-story Single Family unit with a building coverage greater than 40% and less than or equal to 44%, the Final Subdivision Plan shall be amended to indicate the actual building coverage applicable to the lot. (BLDG PERMIT: BLDG - Bldg) 6. This variance is not applicable to any building permit application increasing building coverage after the initial Certification of Occupancy. (BLDG PERMIT: BLDG - Bldg) 7. 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) 8. 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 09/01/2011 Page 225

15 EXHIBIT D: DISCLOSURES ZC 09/01/2011 Page 226

16 ZC 09/01/2011 Page 227

17 ZC 09/01/2011 Page 228

18 ZC 09/01/2011 Page 229

19 ZC 09/01/2011 Page 230

20 ZC 09/01/2011 Page 231

21 EXHIBIT E: Applicant s Variance Justification ZC 09/01/2011 Page 232

22 ZC 09/01/2011 Page 233

23 ZC 09/01/2011 Page 234

24 ZC 09/01/2011 Page 235

25 ZC 09/01/2011 Page 236

26 ZC 09/01/2011 Page 237