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2010-16 Small-Scale Comprehensive Plan Amendment 10-1.2ORDINANCE 2010-16 • ANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF AN ORDIN NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF THREE PARCELS OF REAL PROPERTY TOTALING 0.737 ACRES IN SIZE LOCATED AT THE NORTHEAST CORNER OF PROSPERITY FARMS ROAD AND PELICAN WAY WEST AND THE SOUTHWEST CORNER OF WESTWIND DRIVE AND PELICAN WAY WEST, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OTHER PUBLIC FACILITIES (OPF) TO LOW DENSITY RESIDENTIAL; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has initiated a small-scale Comprehensive Plan Amendment ("Amendment 10-1.2") to remedy an inconsistency between the land use classification and zoning designation (and actual use) of three parcels of real property: two parcels located at the northeast corner of Prosperity Farms Road and Pelican Way West and one parcel located at the southwest corner of Westwind Drive and Pelican Way West; and WHEREAS, on September 14, 2010, the Village Planning Commission, sitting as the Local Planning Agency, determined that the proposed amendment is consistent with the adopted Village Comprehensive Plan and recommended approval ofAmendment 10-1.2; and WHEREAS, the Village Council determines that the proposed future land use map amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the Village Council, after public hearing and due consideration, wishes to adopt proposed Amendment 10-1.2 to the Village Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing whereas clauses are hereby ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby adopts Amendment 10-1.2 to the Village Comprehensive Plan, as fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. Section 3. The Village Council hereby amends the Future Land Use Series of the Future Land Use Element of the Village Comprehensive Plan in accordance with the amendments set forth in Exhibit "A." • Page 1 of 2 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for • any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective thirty-one (31) days after adoption or, if challenged, shall become effective upon issuance of a final order issued by the state land planning agency or the Administration Commission determining Amendment 10-2.1 is in compliance. PLACED ON FIRST READING THIS 30th DAY OF SEPTEMBER, 2010. PLACED ON SECOND, FINAL READING AND PASSED THIS 14th DAY OF OCTOBER 2010. (Village Seal) MAYOR ATTEST: _ ~_ G ~~~~~ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY • Page 2 of 2 Village Of North Palm Beach Florida Small-Scale Comprehensive Plan Amendment Amendment 10-1.2: Prosperity/Pelican Way Remedial Map Amendments September 2010 Prepared for the Village of North Palm Beach Prepared by Land Research Management, Inc. TABLE OF CONTENTS Section Page 1.0 Introduction ........................................................................................................... 1-1 2.0 Analysis Of Remedial Map Amendments ............................................................. 2-1 2.1 Summary Of Future Land Use Atlas Amendment 10-1.2 ....................................... 2-3 3.0 Cumulative Impacts Of Proposed Amendment ...................................................... 3-1 3. 1 Data and Analysis .......................................................................................... 3-1 3. 2 Goals Objectives and Policies ........................................................................ 3-3 3. 3 Other Planning Concerns ............................................................................... 3-3 4.0 Consistency With Regional And State Plans ........................................................ 4-1 5.0 Conclusion and Recommendation ........................................................................ 5-1 5. 1 Finding ..................................................................:........................................ 5-1 5. 2 Staff Recommendation .................................................................................. 5-1 5. 3 LPA Public Hearing ....................................................................................... 5-1 5. 4 LPA Meeting .................................................................................................. 5-1 5. 5 Village Council Public Hearing ....................................................................... 5-1 5. 6 Village Council Meeting ................................................................................. 5-1 Appendix A: NPBCP Amendment 10-1.2 .................................................................... A-1 LIST OF MAPS Number Page 1 Location Of Proposed Comprehensive Plan Amendment ........................................ 2-2 2 Abutting Land Use Including Future Land Use Designations ................................... 2-4 LIST OF APPENDICES Number Page A NPBCP Amendment 10-1.2 .....................................................................A-1 1.0: INTRODUCTION The Village of North Palm Beach is considering the adoption of North Palm Beach Comprehensive Plan (NPBCP) Amendment 10-1.2 consisting of a Small-Scale remedial amendment to the 2020 Future Land Use Atlas (FLUA). NPBCP Amendment 10-1.2 is necessary to correct an inconsistency between the future land use designations of three parcels of land and their current use and zoning designations. The parcels of land are located at the northeast corner of Prosperity Farms Road and Pelican Way West, North Palm Beach, Florida. NPBCP Amendment 10-1.2 is necessary to amend Future Land Use Atlas (FLUA) Map 6B to correct an inconsistency between current uses and zoning and the future land use designations of three parcels which total 0.74 acres in size. The inconsistency was created when three parcels of land, previously owned by a religious institution, were sold and developed for single-family residential and accessory uses. Residential uses are inconsistent with the current land use designations (i.e. OPF - Other Public Facilities) assigned to the properties. The ordinance enacting the proposed amendment is enclosed as Exhibit B of Appendix A. The location of the properties comprising NPBCP Amendment 10-1.2 are illustrated on Map 1. The properties included within NPBCP Amendment 10-1.2 shall be referred to herein as "Prosperity/Pelican Way". This document provides data and analysis required by Sections 9J-5 and 9J- 11.006(1)(b)1 - 5, Florida Administrative Code, as they pertain to the proposed amendment. Section 2.0 consists of a brief summary and analysis of proposed NPBCP Amendment 10-1.2, in terms of the requirements of Section 9J-11.006(1)(b)1 to 9J- 11.006(1)(b)6, Florida Administrative Code. Section 3.0 presents an analysis of the cumulative impacts of the proposed amendment in terms of the Village Of North Palm Beach Comprehensive Plan. Section 4.0 contains an assessment of proposed NPBCP Amendment 10-1.2, in terms of the Regional Policy Plan and State Comprehensive Plan. Exhibit A of Appendix A contains proposed NPBCP Amendment 10-1.2. 1-1 2.0: ANALYSIS OF REMEDIAL MAP AMENDMENT This section provides a data summary and analysis of the proposed NPBCP Amendment, 10-1.2, pursuant to the requirements of Sections 9J-11.006(1)(b)1 to 9J- 11.006(1)(b)6, Florida Administrative Code, including: 1. The proposed future land use plan map designation of the subject property; the boundaries of the subject property; and the mapped location in relation to the surrounding street network. 2. A map of the present land use designations of the subject property, and abutting properties, including future land use map designations; 3. The size of the subject property in acres, or fractions thereof; 4. A description of the availability of, and demand upon the following public facilities: Sanitary sewer, solid waste, drainage, potable water, traffic circulation, and recreation and open space, as appropriate; and 5. Information regarding the compatibility of the proposed future land use map amendments with the Future Land Use Element objectives and policies, as well as those of other affected elements. NPBCP Amendment 10-1.2 is a revision to Future Land Use Atlas (FLUA) Map 6B (Planning Area 6B) of the Village Of North Palm Beach Comprehensive Plan to incorporate the proposed remedial map revisions. The location of NPBCP Amendment 10-1.2 is illustrated on Map 1. The balance of this section contains description amendment, as well as the cumulative impacts thereof, five criteria listed above. References to other related provided as necessary. s and analysis of the proposed as appropriate, in terms of the sections of this document are 2-1 MAP 1 Location of Proposed Comprehensive Plan Amendment \ Teal Way West Pepperwood Circle SFR __ - _ ~ ~_. `'C SFR SFR T U Q W ~ ~ Q L JJUI v Qa aW~ Y ~ ") 0 0 '~ ~ Z>m SFR Pepperwood Circle Q SuN Coves KEY' (SRF) SFR -SINGLE-FAMILY 2-PLX -DUPLEX Sun Cove Lane 3'PLX 'TRIPLEX INST INSTITUTIONAL r N SUN COVE (SFR) Wabach Drive Scale: 1' = 20©' INST SFR SFR -PLX I U a W ~ ~. Q J J Q a x aWo a FQY (Y J n ~ J O ~ > m -2 NORTH PALM BEACH VILLAGE PLAT 6 BLOCK 52 (SFR) Sandpiper Way West e~u ~ 'NORTH PALM BEACH =' VILLAGE PLAT 6 Q. BLOCK 53 (SFR) ~. NORTH PALM BEACH VILLAGE PLAT 6 BLOCK 4Ca (SFR) Robin Way West NORTH PALM BEACH VILLAGE PLAT 6 BLOCK 47 (SP'R) NPBCP Amendment 10-1.2 Pelican Way West NORTH PALM BEACH VILLAGE PLAT 6 BLOCK 48 (SFR) Osprey Way West NORTH PALM BEACH VILLAGE PLAT 6 BLOCK 49 (SFR) Nighthawk Way West a 2.1: SUMMARY OF FUTURE LAND USE MAP ATLAS AMENDMENT 10-1.2 A. Name or Designation: Prosperity/Pelican Way B. Parcel Description or Location: Three platted lots located at the northeast corner of the intersection of Prosperity Farms Road and Pelican Way West (Ref: Map 1). The parcels (quarter acre lots), in combination, are 0.737 acres in size, and located within Village Planning Area 6B. Two of the parcels currently contain single-family residences, while the third is used as a parking and storage area for one of the residences. Single- family residences were constructed on two of the parcels in 2004 and 2007. C. Existing Future Land Use and Zoning Designations: Future Land Use: OPF -Other Public Facilities (maximum F.A.R. of 0.30). Zoning: R-1 Single-Family District. D. Proposed Future Land Use and Zoning Designations (Ref: Map 2): Future Land Use: Low Density Residential (maximum of 5.8 units per acre). Zoning: R-1 Single-Family District. E. Abutting Land Use Summary: Abutting land uses and future land use designations are illustrated on Maps 1 and 2. F. Subject Property Development Potential: 1. Development Concept: Single-family residential. 2. Population Projections (proposed Future Land Use designation): Buildout potential of 6 residents (3 dwelling units x 1.95 persons/household). G. Infrastructure Impacts (Ref: Section 3): The purpose of NPBCP Amendment 10-1.2 is to correct an inconsistency between the existing and planned use of three platted lots (i.e. a Buildout potential of 6 residents. There are minimal associated impacts in terms of the factors (i.e. density and intensity) that effect the provision of infrastructure services. Two of the three lots contain existing single-family residences and the development potential on the third lot is one residential unit. H. Consistency With Comprehensive Plan: Proposed NPBCP Amendment 10-1.2 is found consistent with the Village of North Palm Beach Comprehensive Plan. Details are presented in Section 3.0. 2-3 r _ ' `. - '/ ! 9 Y e i 6_ i i , '~ _ X41 ~ J if }~ ~ ~ '~ r ~ ~ ' s. _ ~ , 3 LL' ~-~i-i 11 tJ L'" ~~^ ~~ ~ ~'~'.~ w i y , •3 x~.x. ~1 l~(. i L .-x.11 it ~.l t l_+_. ~ ~~ ~~ ~. L..,~.C it ~ ~i-±,,;'a 1. ~. ~~ ~-. { x,"3,,: ;s.. . u ~v».x:{ ~ lYiAP 2 r; q,~. "`Abutting Land Use~lncfudin Putuir ~'` : , *. `"~ E~ g e Land Des~gnat~ons . . ~~ n ;~ ~'r.,4,,,.y, ,: -:~ ~,~~ 9 NPBCP Amendment 10-1.2 f ~ "M" ~ «~e-~--~.:.~"'" ~ ~x .~ > ~,~ a ~1~ ~ ~ ><, ~ ~~t Jl ~+~ '~ 2 1~„r# ~'~.. '~~~ .a.4M~~ j ~ ,~:. ~. ~ii2 ry.' J1r ifrs~.ri ~.. '....~'t' j . ~ ! ~ :~ ~ J ~\~ ~ - yam, ~ ] ~ ~ f~a ~.~ ~ j ~~ I e ~ •`, ~". ~..~~,~,~ .i~+rW+~~' £ 3 ~. fit. l w. +n • .; x~' _iaW~. _ ~'I . i< ~~i ' "'i .F y -/ e~ Y' ~'. M. - ~ ~ '3 ,fin _: ~' ~:~... ' ~ ~` ~': ~ y w,' t ~ ~ 4; ~ ~ E fte ~ - s. ~..rs. ~ 1K ,~.,~. .,~, ~ ~'%. ' ' 3~. ..i .~ t -a~' Y R• > ' ~~ ~ w ~_ - ~ __ ~ S ~ ~ ~ ~ . .~ ~' ~i v .A ~ i ~_~ ~ U!dbash'Dr~. ~ ~ ~ A ~.__ ' .. ,~ ~ . ~r ~ ~~ ~ ~ ~. "~- ~ x ~ IIPt D R~~ "' ` 0 P F~. * # ~" ~ ~ ~. ~~ isuture land Use Designations t< ?' ,` ~ ~` #~-_ ~, T~ "'' t.0? Low Density Residential 71 _ - ~ ,~ - ~~~ ?~ tsADR IHiedium Density Residential -~" + OPF Other Public Facilities ~ Site Data ~ ~,' ~> '<~~ u Ea ,ca tW ~aq. SkZe: 0.74 Acres ~ ? _ ~~~~`'" ~~' °~~"'t° Viila a of North Palm Beach ' c~ x,~ ~a~r~c e~~a~,~. 9 F~cisting FIU: Other Public Facilities .. ~ ,+ ~ P ~,~ nPS P u Ame Ato-t ;. tua say ~s ta;~n, ay r Pro osed FLU: Low Densi Residential sr rc~ Lesa ttasc~c6 Man ,ea,c,z sr.C. ttmin ha,m 8zaa~, P~?aaas i P hI ~ x. FAJ CansrSa A~ maEcn Sna+ca Pnoae. 5s1J 84'-3359 ° . .. ~. ` ~~ r~r 4 3.0: CUMULATIVE IMPACTS OF PROPOSED AMENDMENT This section provides data summaries and analysis of proposed NPBCP Amendment 10.1.2, pursuant to the requirements of Section 9J-11.006(3), Florida Administrative Code (F.A.C.), which states that all comprehensive plan amendments must meet the requirements of Section 9J-5, F.A.C. Since the purpose of NPBCP Amendment 10-1.2 is to correct an inconsistency between the existing use of three platted lots and their future land use designations, and the related buildout potential is 6 residential units, there are minimal associated impacts in terms of factors (i.e. density and intensity) that effect the provision of infrastructure services The subsections that follow present a review of the 2020 Village of North Palm Beach Comprehensive Plan in terms of proposed NPBCP Amendment 10-1.2. 3.1 DATA AND ANALYSIS Proposed NPBCP Amendment 10-1.2 is classified as a "small-scale" future land use map amendment. Due to the nature of the proposed amendment and its consistency with neighboring properties, it is determined that there are no associated negative land use impacts. Due to the fact that two residential units are currently located on the properties and remaining development potential is one single-family unit (i.e. under the proposed Low Density Residential future land use designation), minimal additional infrastructure impacts will result from the proposed amendment. However, any future change in use or increase in development intensity must be supported by appropriate concurrency reservations It is concluded that the proposed NPBCP Amendment 10-1.2 is consistent with the general Village character, as described in Chapter 2 of the 2020 Village of North Palm Beach Comprehensive Plan and desired land use patterns, as illustrated on Figure 3-2 of the Future Land Use Element in that the proposed Low Density Residential designation is compatible with existing land use designations, zoning and development patterns in the vicinity. Further, it is concluded that the parcels should have been assigned Low Density Residential designations at the time that the single- family homes and ancillary uses were constructed (i.e. 2004 and 2007). The property included within NPBCP Amendment 10-1.2 is included within Village Planning Area 6B, as illustrated on Future Land Use Atlas (FLUA) Map. 6B of the Future Land Use Element. 3-1 3.1.1 Existing Land Use Inventory: NPBCP Amendment 10-1.2 includes 0.737 acres of developed residential and ancillary uses. The property included within NPBCP Amendment10-1.2 is not listed on the Florida Master Site File, or the National Register of Historic Places. The net effect of NPBCP Amendment 10-1.2 on Village existing land uses is to increase Low Density Residential land by 0.737 acres and decrease Other Public Facilities land by 0.737 acres. 3.1.2 Current Population Estimates: The current population estimate and projected population of the Village are not affected, as the properties are developed for residential and ancillary use purposes. Should redevelopment occur in the future, an additional two residents (i.e. construction of a residential unit on the parking area) could result. 3.1.3 Delineation of Village Planning Areas: NPBCP Amendment 10-1.2 will not affect the corporate limits and the boundary of Planning Area 6B. 3.1.4 Vacant Land Analysis: Not applicable. 3.1.5 Land Use Projections: It is projected that land in NPBCP Amendment 10-1.2 will maintain its current residential development status during the 2020 planning period of the Comprehensive Plan. 3.1.6 Infrastructure Impacts: According to the 2006 Evaluation and Appraisal Report, all roadways within the Village are currently operating at peak hour level-of-service "D", or better. Specifically, the Prosperity Farms Road segment between Lighthouse Drive and Burns Road was operating at LOS "D". A "Concurrency Traffic Impact Analysis" is not required, as the current use of the properties have existed since 2007. Further, as the remaining maximum development potential is defined as one single-family unit, additional traffic analysis is not required. Due to the small size of the properties included in NPBCP Amendment 10.1.2, and the fact that two of the three properties contain single-family residences currently served by infrastructure services, there will be no additional impacts upon such services. According to Figure 3-7 of the Comprehensive Plan, the properties included within proposed NPBCP Amendment 10-1.2 are not located within the defined Coastal High Hazard Area. Further, none of the following are identified as issues related to NPBCP Amendment 10.1-2: Hurricane evacuation, as the maximum remaining development potential is one residential unit; Infrastructure within the Coastal High Hazard Area; public access to beaches; or post-disaster redevelopment, as it relates to public expenditures. 3-2 The result of additional development activity under the proposed residential land use designation can increase the population of the Village by a projected two residents. As a result of the low impact, there will be no need for additional recreation facilities. NPBCP Amendment 10-1.2 has no effect upon capital improvements planning. Data and analysis presented in the previous paragraphs did not result in the identification of any additional needed capital improvements. 3.2 GOALS OBJECTIVES AND POLICIES NPBCP Amendment 10-1.2 is consistent with the Future Land Use Element of the Comprehensive Plan and no text amendments are required. Further, due to the nature of proposed NPBCP Amendment 10-1.2 (i.e: remedial map amendment on 0.737 acres), there are no associated infrastructure impacts to be addressed, nor are there any issues raised by an analysis of Comprehensive Plan goals, objectives and policies. 3.3 OTHER PLANNING CONCERNS No additional planning concerns, including public safety, have been identified during the review of NPBCP Amendment 10-1.2. 3-3 4.0 CONSISTENCY WITH REGIONAL AND STATE PLANS According to Chapter 9J-5.021, Florida Administrative Code (FAC), the comprehensive plan must be consistent with the State Comprehensive Plan and Treasure Coast Regional Planning Council Policy Plan. Chapter 9J-5.021(2), FAC states ".....for the purposes of determining consistency of the local plan with the State Comprehensive Plan or appropriate regional policy plan the state or regional plan shall be construed as a whole and no specific goal and policy shall be construed or applied in isolation from the other goals and policies." 4.1 REGIONAL POLICY PLAN NPBCP Amendment 10-1.2 was reviewed in terms of the Treasure Coast Regional Planning Council Regional Policy Plan in order to determine consistency. Based on this review, it is determined that no significant regional issues are related to, or impacted by NPBCP Amendment 10-1.2, and it is found consistent with regional goals and policies. 4.2 STATE COMPREHENSIVE PLAN NPBCP Amendment 10-1.2 was reviewed in terms of the goals, objectives and policies of the State Comprehensive Plan, as presented in Chapter 187, Florida Statutes. Based upon this review, it is concluded that NPBCP Amendment 10.1-2 is consistent with state goals, objectives and policies. 4-1 5.0 CONCLUSION AND RECOMMENDATION The following finding and staff recommendation are presented: 5.1 FINDING NPBCP Amendment 10-1.2 is consistent with the provisions of the 2020 Village of North Palm Beach Comprehensive Plan. More specifically: (1) NPBCP Amendment 10-1.2 is within the Urban Service Area, and does not contribute to a condition of urban sprawl, as defined by Chapter 9J-5.006(5), Florida Administrative Code; and (2) NPBCP Amendment 10-1.2 is consistent with policy of the Capital Improvements Element in that it does not contribute to a condition of public hazard, as defined therein, does not exacerbate any existing condition of public facility capacity deficits, as described therein, and is compatible with land uses, as shown on the Future Land Use Map Atlas. 5.2 STAFF RECOMMENDATION Staff recommends that the Village Council approve NPBCP Amendment 10-1.2. 5.3 LPA PUBLIC HEARING An advertised Local Planning Agency (LPA) public hearing on NPBCP Amendment 10-1.2 was held on at 6:30 P.M. in the Village Hall. 5.4 LPA MEETING (Recommendation). 5.5 VILLAGE COUNCIL PUBLIC HEARING (To be determined). 5.6 VILLAGE COUNCIL MEETING (To be determined). 5-1 APPENDIX A -NPBCP Amendment 10-1.2 NPBCP Amendment 10-1.2 consists of a change in land use from Other Public Facilities to Low Density Residential. NPBCP Amendment 10.1.2 is accomplished by amendment to Map 6B of the Future Land Use Atlas of the Village of North Palm Beach Comprehensive Plan. Revised Map 6B, reflecting NPBCP Amendment 10-1.2 is attached as Exhibit A. The enacting ordinance is attached as Exhibit B. A-1 t - ; 1 AQ EXHIBIT A P R�EFuture Land Use Map Amendment NPBCP Amendment 10-1.2 Revision of Map 6B of the Future.Land Use Map Atlas � �- Village of North Palm Beach Comprehensive Plan t I ! 1 Lisa" It eir-�.vay r } I l �r el enK,�Yp� F �-_ Pa'Im in 1.2 mega.Pl _ NPBCP 10- N�nya Gir J Q� o tither Public Facilities to ► � ._ Low Density�Residentiai' � hp, —m P-elican w.ayj~ , c? t V{g h .0 3 Osp ey��W.ay '� ++: r A NigWaauk3W.ay { I lomain+�n Rd t4 c Button.Ktood_Rd -' - _ J welffle ld-protection v l3Aa Hand- ay Riuerside_Rd Pnvat eRey. ne & Contour F FR efer to Special Pohcy`6;17} R xsre d rghthouse-Dr 4d� / Rebaio-Ctllr mittyhawK Wa r, �y Ki. OF 7 Low Density Residential a lD Medium Density Resdential Ia ana_wa Other Public Facilities y � ►�� interstate 95 North Palm Beach t. R ` Florida's T'Pke Planning Areas Secondary '] Mier � KIWI rd F2d � 0'%,I Tertiary Parcels ®ins 77• RE iSi4"''a '°"YSYOVt G— k4;Ia' $ ConL t'ame9 V(tta a of Noeth Palm Heach \ nw ame NPO FU F_tk-16b.,,," 549 us Hitah—y 1 8—.:fwd Resoa+1h 33anayemerr„INC. Mlh Palm E auh FL 32:09 FAU CmL+fv Gea40 ma+..n S..f a FhGt3{of}8Q.-3354 j Noney_Rd_. dY A-2 EXHIBIT B Ordinance Enacting Land Use Designation NPBCP Amendment 10-1.2 (To be attached upon adoption) A-3