PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ... Southwest corner of Boca Rio Road and Via Ancho Road ... Boca

ZC June 7, 2012 Page 204 Application No. Z/CA-2011-01995 BCC District 05 Control No. 1976-00152 Project No. 05766-000

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: Z/CA-2011-01995 Control No.: 1976-00152 Applicant: Tri County Humane Society, Inc. Owners: City of Boca Raton Agent: Miller Land Planning - Bradley D Miller Telephone No.: (561) 736-8838 Project Manager: Carol Glasser, Site Planner II Location: Southwest corner of Boca Rio Road and Via Ancho Road (Tri County Humane Society, Inc) TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Public Ownership (PO) and the Agriculture Residential (AR) Zoning Districts to the Institutional and Public Facilities (IPF) Zoning District TITLE: a Class A Conditional Use REQUEST: to allow a Type IV (Animal Shelter) Kennel APPLICATION SUMMARY: Proposed is a rezoning of a 5-acre parcel of land from the Public Ownership (PO) Zoning District and a 9-acre parcel of land from the Agriculture Residential (AR) Zoning District to the Institutional and Public Facilities (IPF) Zoning District; and, a Class A Conditional Use for the Tri County Humane Society. The 9-acre parcel was previously approved by the Board of County Commissioners (BCC) on October 28, 1976 for a Special Exception to allow an animal cemetery and crematory in conjunction with an existing animal shelter. The applicant is proposing to expand the existing Animal Shelter use, which is now classified as a Type IV (Animal Shelter) Kennel use. The Conditional Use approval will bring the prior nonconforming use into conformance with the Unified Land Development Code (ULDC). The Preliminary Site Plan for the 14.05-acre site indicates 40,000 square feet, in 9 buildings and 5 structures, which is a proposed increase of 23,997 square feet. The applicant proposes to remove and/or relocate trailers and structures; and, to construct 2 building additions and 5 new 1-story buildings in 3 phases with the 5-acre western portion reserved for future development. A total of 102 parking spaces will be provided. The existing access points from Boca Rio Road (1) and Via Ancho Road (1) will remain. ISSUES SUMMARY: o Project History On October 25, 1973, the BCC approved Resolution R-73-722 for the rezoning of the approximately 9-acre eastern portion from the Agricultural (AG) Zoning District to the Public Ownership (PO) Zoning District. On August 22, 1975, Building Permit numbers 80743 and 80745 were issued for the Administration and Office animal shelter building.


On October 28, 1976, the BCC approved Resolution R-76-1026 for a Special Exception to allow an Animal Cemetery and Crematory in conjunction with an existing Animal Shelter on the 9-acre portion. The 28,503-square foot Pet Cemetery was platted (Book 36 Page 36) in October 1978. (Figure 7) Eight cemetery “pods,” which are each 37.5 feet by 95.01 feet typically contain 433 lots that are 2 feet by 3 feet for a total of 3,464 lots. The current Code allows a Pet Cemetery only as a Class A Conditional Use in the General Commercial (CG) Zoning District. Therefore, the existing Pet Cemetery is classified as a major non-conforming use. A major non-conforming use is a use that was legally established in a zoning district where the use is now prohibited under the terms of the Code. Except for a one-time only expansion of a maximum of 10% or approximately 2,850 square feet, new lots are prohibited outside the boundary of the existing re-platted Pet Cemetery when the 14-acre property is replatted. On November 14, 1979, Building Permit number 129333 was issued for the Crematory building. On June 8, 2010, the County conveyed the 5-acre western portion of the site to the City of Boca Raton as “Donee” via County Deed (ORB 23921 PG 765). The deed requires that the western 5-acre portion be used solely and exclusively for the construction and operation of an Animal Shelter, Pet Cemetery and ancillary uses or the 5-acre property will automatically revert to the County. The applicant was not able to provide/match Building Permit records for all of the small structures on the site. (Figure 6 Building Permit Status Exhibit) Therefore, the Building Division is recommending Building Condition 1 to resolve all inactive permits and remove any unpermitted structures. o Consistency with Comprehensive Plan The Planning Division has found the request consistent with the Institutional, with an underlying High Residential 8 units per acre (INST/8) land use designation of the Comprehensive Plan. See Staff Review and Analysis for additional Planning Division comments. o Compatibility with Surrounding Land Uses

NORTH: FLU Designation: Industrial (IND) Zoning District: Light Industrial (IL) Supporting: Commercial Radio Tower (Juggler Enterprises, Control No. 82-025) NORTH: FLU Designation: IND Zoning District: General Industrial (IG) Supporting: Concrete Block Plant (Continental Concrete, Control No. 01-148) NORTH: FLU Designation: IND Zoning District: IG Supporting: Government Services (Post Office, Control No. 79-260) SOUTH: FLU Designation: INST Zoning District: PO Supporting: Institution (The Haven, Control No. 73-206) EAST: across Boca Rio Road and Florida’s Turnpike FLU Designation: Low Residential (LR-2) Zoning District: Single-Family Residential (RS) Supporting: Residential (Boca Grove PUD, Control No. 80-214) WEST: FLU Designation: High Residential (HR-8) Zoning District: Single-Family Residential (RS)


Supporting: Recreation Tract (Boca Lago PUD Golf Course, Control No 73-036) The Conditional Use will not create any incompatibility with the industrial uses and post office to the north or the institutional facility to the south. Residential uses to the east are separated by the combined width of Boca Rio Road and Florida’s Turnpike. The Boca Lago PUD is adjacent to the west. The golf course recreation tract abuts the subject site. No development is proposed on the west 5-acre parcel with this application and is noted on the Preliminary Site Plan as “Future Development.” This 5-acre parcel is densely covered with exotic vegetation providing a noise barrier between the existing animal shelter and the adjacent Boca Lago PUD golf course and residences. Staff is recommending Landscape – Perimeter 2 (Exhibit C-2) to address incompatibility concerns. Subject to the recommended Conditions of Approval, staff does not anticipate any significant incompatibility issues from the request to expand the existing animal shelter. o Traffic See Staff Review and Analysis section for additional information from the Traffic and Land Development Divisions. o Landscape/Buffering A 15-foot wide right-of-way buffer will be provided along the north boundary abutting Via Ancho Road and along the east boundary abutting Boca Rio Road. A 5-foot wide compatibility buffer exists along the south boundary of the existing Pet Cemetery. No development is proposed on the west 5-acre parcel with this application and is noted on the Preliminary Site Plan as “Future Development.” This 5-acre parcel is densely covered with exotic vegetation providing a noise barrier between the existing animal shelter and the adjacent Boca Lago PUD golf course and residences. Staff is recommending a Condition of Approval to provide adequate buffering to the adjacent residential use (Exhibit C-2), which requires the site plan to be revised to indicate a Type 2 Incompatibility buffer a minimum of thirty (30) feet in width along the west property line and along the west 480 feet of the south property line. This buffer shall be provided in Phase 1 and prior to the removal of any exotic species within the interior of the western 5-acres of the site. This buffer shall include a hedge of areca palms planted at a minimum of eight (8) feet height to create an opaque screen and canopy trees planted a minimum of twenty (20) feet on center. o Signs Staff is recommending Freestanding Signs be limited to maximum of 2 signs and limit the signs to the Boca Rio Road frontage, providing a reduction of 4 signs from the maximum of 6 allowed by Code. Further, staff recommends to limit the sign height to a maximum of 8 feet and to reduce the sign face area to a maximum of 100 square feet. (Exhibit C-2, Signs 1) Staff is not recommending additional limitations on wall signage because the building setback from Boca Rio Road is more than twice the minimum front setback. Any proposed wall signage shall comply with Code. o Architectural Review The Preliminary Elevations for the additional detached buildings and proposed additions to the existing administrative Building have not been submitted by the applicant. To ensure a visually pleasing development, the existing administrative building shall provide an architectural vocabulary for additional buildings and the additions. The proposed development is subject to Article 5.C Architectural Guidelines. Staff is recommending that at time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the proposed building be submitted simultaneously with the site plan for final architectural review and approval. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all Unified Land Development Code requirements (See Architecture Condition 1).


o Zoning Commission (ZC) Hearing This application was administratively postponed from the May 3, 2012 ZC hearing.

TABULAR DATA EXISTING

PROPOSED

Property Control Number(s)

00-42-43-27-05-079-0330 00-42-47-20-08-003-0000 00-42-47-20-08-006-0000 00-42-47-20-08-000-0010 00-42-47-20-08-000-0020 00-42-47-20-08-000-0030 00-42-47-20-08-000-0040 00-42-47-20-08-000-0050 00-42-47-20-08-000-0060 00-42-47-20-08-000-0070 00-42-47-20-08-000-0080 00-42-47-20-08-001-0000 00-42-47-20-08-002-0000 00-42-47-20-08-004-0000 00-42-47-20-08-005-0000

The property must be combined into a single lot of record per Engineering Condition 2. (Exhibit C-1)

Land Use Designation: Institutional and Public Facilities, with an underlying High Residential, 8 units per acre (INST/8)

Same

Zoning District: Public Ownership (PO) in part and Agricultural Residential (AR) in part

Institutional and Public Facilities (IPF)

Tier: Urban Suburban Same Use: Animal Cemetery and Crematory in

conjunction with an existing Animal Shelter

Type IV (Animal Shelter) Kennel; Animal Cemetery and Crematory

Acreage: 9.05 acres 14.05 acres (+ 5.0 acres) Intensity: 16,003 square feet (SF) 40,000 SF (+23,997 SF) Parking: 22 spaces 102 spaces (+80 spaces) Access: Boca Rio Road (1)

Via Ancho Road (1) Same

PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 31 contacts from the public regarding this project. Six people support the application with no comment and 25 are in opposition some citing concerns with traffic, noise (barking dogs), lower property value, location in a residential area, number of animals, misrepresentation that only the 1st phase will be constructed, and should be postponed until seasonal residents return. RECOMMENDATION: Staff recommends approval of the rezoning with a Conditional Overlay Zoning (COZ) subject to 7 Conditions of Approval as indicated in Exhibit C-1; and approval of the Conditional Use subject to 9 Conditions of Approval as indicated in Exhibit C-2. ACTION BY THE ZONING COMMISSION: May 3, 2012: Motion to postpone carried to the by a vote of 9-0. MOTION: To recommend approval of an Official Zoning Map Amendment to allow a rezoning from the Public Ownership (PO) and the Agriculture Residential (AR) Zoning Districts to the Institutional and Public Facilities (IPF) Zoning District with a Conditional Overlay Zone (COZ) subject to the Conditions of Approval as indicated in Exhibit C-1.


MOTION: To recommend approval of a Class A Conditional Use to allow a Type IV Kennel subject to the Conditions of Approval as indicated in Exhibit C-2.


Figure 1 Land Use Map


Figure 2 Zoning Quad Map


Figure 3 Aerial


Figure 4 Preliminary Site Plan dated March 15, 2012


Figure 5 Preliminary Regulating Plan dated March 15, 2012


Figure 6 Building Permit Status Exhibit A


Figure 7 Plat (Book 36 Page 36)


STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Institutional, with an underlying High Residential 8 units per acre (INST/8). TIER: The subject site is in the Urban-Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is not within the future annexation area of any municipality. INTERGOVERNMENTAL COORDINATION: The subject site is within 1 mile of the City of Boca Raton. [Note: The property owner of the subject site is the City of Boca Raton.] CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to rezone the subject site from Public Ownership (PO) and Agricultural Residential (AR) to Institutional and Public Facilities (IPF), and a Class A Conditional Use to allow a 40,000-square foot Type IV (Animal Shelter) Kennel. The site was the subject of a County-initiated Large Scale Land Use Amendment known as Tri County Humane Society (LGA 2008-020, ORD 2008-024). The amendment changed the land use from HR-8 to INST/8 and contained no conditions. After the 2008 FLU Amendment on a portion of the site (LGA 2008-020, ORD 2008-024), the FLU and zoning designations of the property have been inconsistent, which would be remedied by this rezoning. The proposed request is consistent with the FLU designation of the property. The maximum Floor Area Ratio (FAR) of .45 is allowed with the INST FLU designation in the Urban/Suburban Tier (13.91 ac x 43,560 x .45 = 272,663.82 square feet maximum). The request for 40,000 square feet equates an FAR of approximately 0.066 (40,000 / 605,919.6 square feet or 13.91 acres = 0.066). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is not located within any neighborhood plan area. FINDINGS: The request is consistent with the INST/8 land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Via Ancho and Boca Rio Road. RIGHT OF WAY CONVEYANCE The Property Owner shall convey additional right-of-way along the project frontage on Via Ancho Road to meet non-plan collector standards and along the project frontage on Boca Rio Road to allow for future planned and/or programmed improvements. TRAFFIC IMPACTS Previously approved traffic from this project was 27 trips in the PM peak hour. Additional traffic expected from the proposed project is 19 trips in the PM peak hour, for grand total impact of 48 PM peak hour trips. Additional traffic is subject to review for compliance with the Traffic Performance Standard.


There are no improvements to the roadway system required for compliance with the Traffic Performance Standards because this project's trip increase has an insignificant impact on the surrounding roadway network. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for this request. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The facility has been developed. The undeveloped portion of the site supports significant amounts of exotic vegetation which shall be removed prior to the development of the site. WELLFIELD PROTECTION ZONE: The property is not located with 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: There are no 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 Staff Review Analysis is needed for this request. PARKS AND RECREATION: No Staff Review and Analysis is needed for this request. CONCURRENCY: Concurrency has been approved for a Type IV (Animal Shelter) Kennel, Pet Cemetery, and Crematory consisting of 40,000 square feet. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD). FINDING: The proposed Zoning Map Amendment and Conditional Use comply with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Rezoning Standards: When considering a Development Order application for rezoning to a standard zoning district, the BCC and ZC shall consider standards 1-8 indicated below. In addition, the standards indicated in Section 2.B shall also be considered for rezoning to a standard zoning district with a Conditional Use, and rezoning to a PDD or TDD with or without a Requested Use or waiver. An amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.1.B and provides the following assessment: 1. Consistency with the Plan - The proposed amendment is consistent with the Plan.


The site was the subject of a County-initiated Large Scale Land Use Amendment known as Tri County Humane Society (LGA 2008-020, ORD 2008-024) to change the land use from HR-8 to INST/8. The proposed rezoning is consistent with the INST FLU designation of the property. 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 Institutional and Public Facilities (IPF) Zoning District is the only standard Zoning District consistent with the site’s existing INST FLU designation. Staff is recommending that the rezoning be subject to a Conditional Overlay Zoning (COZ) to apply Engineering Conditions of Approval to the rezoning request. 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 proposed amendment will not affect the compatibility of the animal shelter and the surrounding uses, (concrete plant, tower, post office, institutional, golf course and residential) which all have existed in this vicinity since the 1970’s and 1980’s. 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.

The eastern 9-acre portion has been developed. The exotic vegetation within the buffer areas of the development portion of the site will be replaced with landscaping meeting current Code requirements. 5. Development Patterns – The proposed amendment will result in a logical, orderly, and timely

development pattern. The proposed rezoning will not affect the development pattern that has been established in this vicinity for more than 25 years. On June 8, 2010, the County conveyed the 5-acre western portion of the site, which has a Public Ownership (PO) Zoning District to the City of Boca Raton as “Donee” via County Deed (ORB 23921 PG 765). The deed requires that the western 5-acre portion be used solely and exclusively for the construction and operation of an Animal Shelter, Pet Cemetery and ancillary uses or the 5-acre property will automatically revert to the County. 6. Adequate Public Facilities – The proposed amendment complies with Art. 2.F, Concurrency. Concurrency has been approved for a 40,000-square foot Type IV (Animal Shelter) Kennel, Pet Cemetery, and Crematory uses. 7. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate the amendment. With the adoption of the land use amendment in 2008, the zoning for the property became inconsistent with the land use and thus is the changed circumstance for the rezoning application. On June 8, 2010, the County conveyed the 5-acre western portion of the site to the City of Boca Raton as “Donee” via County Deed (ORB 23921 PG 765). The entire 14-acre site must be rezoned to the IPF Zoning District for consistency with the INST land use designation. 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 – 9 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. Staff has


reviewed the request for compliance with the standards that are expressly established by Article 2.B.-2.B and provides the following assessment: 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 Planning Division has reviewed the request for a Class A Conditional Use to allow a 40,000-square foot Type IV (Animal Shelter) Kennel and found the request consistent with the INST/8 land use designation 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 existing Pet Cemetery and Crematory use on the southern portion of the site was approved by the BCC on October 28, 1976 via Resolution R-76-1026. The 28,503-square foot Pet Cemetery was platted (Book 36 Page 36) in October 1978. (Figure 7) Eight cemetery “pods,” which are each 37.5 feet by 95.01 feet typically contain 433 lots that are 2 feet by 3 feet for a total of 3,464 lots. The current Code allows a Pet Cemetery only as a Class A Conditional Use in the General Commercial (CG) Zoning District. Therefore, the existing Pet Cemetery is classified as a major non-conforming use. A major non-conforming use is a use that was legally established in a zoning district where the use is now prohibited under the terms of the Code. Except for a one-time only expansion of a maximum of 10% or approximately 2,850 square feet, new lots are prohibited outside the boundary of the existing re-platted Pet Cemetery when the 14-acre property is replatted. The animal shelter was constructed pursuant to Building Permits 80743 and 80745 issued in 1975. The animal shelter is regulated by the Palm Beach County Animal Care and Control (ACC). The current request for a Type IV (Animal Shelter) Kennel will allow the existing animal shelter to redevelop the site in accordance to current Code requirements. The 14.05-acre site exceeds the minimum 2.5-acres required for an animal shelter. The facility exceeds the minimum 100-foot of frontage required for an animal shelter that is open to the public. The site has 625 feet of frontage on Boca Rio Road. Current hours of operation are Tuesday through Sunday, 11:00 AM to 4:30 PM. Any change in hours must continue to comply with ACC Ordinance 98-022. ACC controls the number of animals. Uses such as any commercial or other use providing services to the general public, inclusive of training or boarding services and veterinary services to the public collocated with the Type IV (Animal Shelter) Kennel are allowed in accordance with stated approval processes in Table 4.A.3.A and the Supplementary Use Standards for the collocated use. ACC has verified that an ACC license/permit is not required for the Tri County Humane Society, which is a 5013C non-profit organization. The Type IV (Animal Shelter) Kennel meets/will meet all applicable regulations of ECR I and ECR II, as well as any other regulating agencies. All structures, including any outdoor animal use areas comply with the minimum 50 foot setback from residential uses and 25 feet from any non-residential area. The adjacent residential (Golf Course Recreation Tract of the Boca Lago PUD) abuts the western 5-acre parcel, which is not proposed for development with this application. The minimum setback provided from residential is 419 feet. 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 Conditional Use will not create any incompatibility with the industrial uses and post office to the north or the institutional facility to the south. Residential uses to the east are separated by the combined width of Boca Rio Road and Florida’s Turnpike. The Boca Lago PUD is adjacent to the west. The golf course recreation tract abuts the subject site. No development is proposed on the west 5-acre parcel with this application and is noted on the


Preliminary Site Plan as “Future Development.” This 5-acre parcel is densely covered with exotic vegetation providing a noise barrier between the existing animal shelter and the adjacent Boca Lago PUD golf course and residences. Staff is recommending the following Condition of Approval to provide adequate buffering to the adjacent residential use (Exhibit C-2):

Prior to final approval by the Development Review Officer (DRO), the site plan shall be revised to indicate a Type 2 Incompatibility buffer a minimum of thirty (30) feet in width along the west property line and along the west 480 feet of the south property line. This buffer shall be provided in Phase 1 and prior to the removal of any exotic species within the interior of the western 5-acres of the site. The buffer shall include: A hedge of areca palms planted at a minimum of eight (8) feet height to create an opaque screen and canopy trees planted a minimum of twenty (20) feet on center.

A 15-foot wide right-of-way buffer will be provided along the north boundary abutting Via Ancho Road and along the east boundary abutting Boca Rio Road. A 5-foot wide compatibility buffer exists along the south boundary of the existing Pet Cemetery. 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 existing improvements are all 1-story and the proposed buildings are all 1-story. No development is proposed on the western 330-foot wide vacant parcel with this application. 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.

The eastern 9-acre portion has been developed. The exotic vegetation within the buffer areas of this portion of the site will be replaced with landscaping meeting current Code requirements. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern. The proposed Conditional Use for a Type IV (Animal Shelter) Kennel will not affect the development pattern that has been established in this vicinity for more than 25 years. 7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency. Concurrency has been approved for 40,000 square feet of Type IV (Animal Shelter) Kennel, Pet Cemetery, and Crematory uses. 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification. On June 8, 2010, the County conveyed the 5-acre western portion of the site to the City of Boca Raton as “Donee” via County Deed (ORB 23921 PG 765). The deed requires that the western 5-acre portion be used solely and exclusively for the construction and operation of an Animal Shelter, Pet Cemetery and ancillary uses or the 5-acre property will automatically revert to the County. A request for a Class A Conditional Use for Type IV (Animal Shelter) Kennel is required to add the land area to the previously approved site plan and to add any additional square footage to the site. Although the applicant’s immediate intention is to construct the 2,500-square foot isolation building, the proposed Preliminary Site Plan will also accommodate an additional 21,497-square foot expansion of the animal shelter in accordance with current Code requirements. 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 DOA 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-2.


CONDITIONS OF APPROVAL EXHIBIT C-1 Official Zoning Map Amendment ALL PETITIONS 1. All previous Conditions of Approval applicable to the subject property, as contained in Resolution R-76-1026 (Control 76-152), have been consolidated as contained herein. The property owner shall comply with all previous Conditions of Approval and deadlines previously established by Article 2.E of the Unified Land Development Code (ULDC) and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. The approved Preliminary Site Plan and Regulating Plans are dated March 15, 2012. 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) ENGINEERING 1. The property owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for: i) Via Ancho Road, 40 feet measured from centerline of the existing right of way, ii) Boca Rio Road, 80 feet measured from eastern edge of the existing right of way, and iii) a 25-foot corner clip at the southwest corner of the intersection of Via Ancho Road with Boca Rio Road. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County 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 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 not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector's Office, shall be submitted by the property owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDG PERMIT/ONGOING: MONITORING-Eng) 2. The property owner shall: a. Remove the individual parcel lines to be replatted from the site plan prior to Final Site Plan approval by the DRO. (DRO: ENGINEERING - Eng) b. Combine the property into a legal lot of record, in accordance with Article 11 of the Unified Land Development Code, prior to issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) 3. Prior to the issuance of the first building permit, the property owner shall provide a temporary roadway construction easement to Palm Beach County along Boca Rio Road. This roadway construction easement shall also contain an isosceles trapezoid connecting the Corner Clips across this property owners entrance. 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. (BLDG PERMIT: MONITORING-Eng). 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: 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 (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)


EXHIBIT C-2 Conditional Use Class A ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 15, 2012. 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) ARCHITECTURAL REVIEW 1. At time of submittal for final approval by the Development Review Officer (DRO), the architectural elevations for all buildings shall be submitted for final architectural review and approval. 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 site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) BUILDING 1. Prior to the issuance of any new building permits (structures or improvements), all inactive building permits shall be re-activated and completed; and, any unpermitted structures removed. (BLDG PERMIT: BUILDING - Building) LANDSCAPE - PERIMETER-WEST PROPERTY LINE AND WEST 480 FEET OF THE SOUTH PROPERTY LINE 1. Prior to final approval by the Development Review Officer (DRO), the site plan shall be revised to indicate a Type 2 Incompatibility buffer a minimum of thirty (30) feet in width along the west property line and along the west 480 feet of the south property line. This buffer shall be provided in Phase 1 and prior to the removal of any exotic species within the interior of the western 5-acres of the site. The buffer shall include: a. a hedge of areca palms planted at a minimum of eight (8) feet height to create an opaque screen; and, b. canopy trees planted a minimum of twenty (20) feet on center. (DRO: LANDSCAPE-Zoning) 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 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 is required. (PLAT:ENG -Palm Tran) SIGNS 1. Ground mounted freestanding signs shall be limited to the Boca Rio Road frontage and as follows: a. maximum sign height, measured from finished grade to highest point - eight (8) feet; b. maximum sign face area per side - one hundred (100) square feet; c. maximum number of signs - two (2); and, d. style - monument style only. (BLDG PERMIT: BLDG - Zoning) SITE DESIGN 1. Prior to final approval by the Development Review Officer (DRO), the site plan shall be revised to show a maximum of two (2) phases. All of the perimeter landscape buffers shall be included in Phase 1 except that the portion of the north right-of-way buffer west of the access point may be included in Phase 2. (DRO: 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: 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 (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)


Exhibit D: Disclosure






Note: Tri County Humane Society is a 501(3)C Not-for-Profit Corporation. Therefore, Form #8 Applicant’s Disclosure is not required.

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PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ... Southwest corner of Boca Rio Road and Via Ancho Road ... Boca