palm beach county planning, zoning and building … · 5/2/2016 · planning, zoning and building...

BCC May 26 2016 Page 2

Application No CBCA-2015-02340 BCC District 3

Control No 1979-00132

Project No 09999-000

PALM BEACH COUNTY PLANNING ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No CBCA-2015-02340

Application Name Chevra Kadisha Cemetery


Applicant Congregation Cheva Kadisha Inc

Owners ARL Koehler LLC

Agent Miller Land Planning - Bradley D Miller

Telephone No (561) 736-8838

Project Manager Yoan Machado Site Planner II

TITLE a Class B Conditional Use REQUEST to allow two (2) Cemeteries TITLE a Class A Conditional Use REQUEST to allow a Place of Worship

APPLICATION SUMMARY Proposed are a Place of Worship and two cemeteries for the Chevra Kadisha Cemetery The 147-acre was last approved by the Board of County Commissioners (BCC) on June 28 1979 for an Official Zoning Map Amendment to rezone the property from the Agricultural (AG) and the Residential Single Family (RS) Zoning Districts to the General Commercial (CG) Zoning District The parcel is currently vacant and undeveloped The Preliminary Site Plan indicates two parcels Parcel A which has a standalone 499-acre Cemetery and Parcel B which has a 5324 square foot (sq ft) Place of Worship building with 70 seats and a collocated 478-acre Cemetery A total of 36 parking spaces are provided and one access point is proposed from Congress Ave SITE DATA

Location Southwest corner of Congress Avenue and Lantana Road

Property Control Number(s) 00-43-45-06-00-000-1040

Existing Land Use Designation Commercial High with an underlying HR-8 (CH8) and

High Residential (HR-8)

Proposed Land Use Designation No proposed change

Existing Zoning District General Commercial District (CG)

Proposed Zoning District No proposed change

Acreage 1466 acres

Tier UrbanSuburban

Overlay District NA

Neighborhood Plan NA

CCRT Area NA

Municipalities within 1 Mile Atlantis Boynton Beach

Future Annexation Area Lantana

RECOMMENDATION Staff recommends approval of the requests subject to 19 Conditions of Approval as indicated in Exhibit C-3 ACTION BY THE ZONING COMMISSION On the May 5 2016 Zoning Commission meeting this appplication was on the Consent Agenda The Agent accepted all of the Conditions of Approval and no one from the public was present to speak on the application The Zoning Commission approved the two Class B Conditional Uses for the Cemeteries on both parcels and made a recommendation for approval for the Class A Conditional Use for the Place of Worship with a votes of 8-0 PUBLIC COMMENT SUMMARY At the time of publication Staff had received 0 contacts from the public regarding this project





PROJECT HISTORY

Application No Request Resolution No Approval Date

ZSE-1979-00132

An Official Zoning Map Amendment to

allow a rezoning from the Agricultural (AG)

Zoning District in part and Residential

Single Family (RS) Zoning District in part to

the General Commercial (CG) Zoning

District

R-1979-921 June 28 1979

A Special Exception to allow a Planned

Commercial Development in excess of

50000 sq ft

R-1979-922 June 28 1979

SE-1979-00132

(A)

A Special Exception to amend the Site Plan

for a Planned Commercial Development in

excess of 50000 sq ft to allow a

Recreational Facility and Amusements and

Attractions and Exhibits and to redesign the

site

R-1987-414 October 231986

Corrective A Corrective Resolution amending

Resolution R-1987-414 that inadvertently

omitted Conditions of Approval

R-92-1602 October 27 1992

DOA-1979-00132

(B)

A Development Order Amendment (DOA)

to modify conditions of Approval (Impact

Fees) of Resolution R-1979-922

R-1991-1709 Denied

November 26

1991

ABN-1979-00132

(C)

A Development Order Abandonment

revoking a Special Exception to allow a

Planned Commercial Development

R-1992-359 March 10 1992

SURROUNDING LAND USES NORTH FLU Designation Commercial High with an underlying HR-8 (CH8) Zoning District Agriculture Residential District (AR) Supporting Vacant Residential (Viacom Outdoor Control No 2003-40503) SOUTH FLU Designation High Residential (HR-8) Zoning District Agriculture Residential District (AR) and Single-Family Residential District (RS) Supporting Vacant Residential (Palm Breezes Mobile Home Park Control No 1983-00124) EAST FLU Designation Commercial High (CH) Zoning District General Commercial District (CG) Supporting Commercial (Atlantis Plaza Control No 1976-00018) WEST FLU Designation High Residential (HR-8) Zoning District Agriculture Residential District (AR) Supporting Residential (Palm Breezes Mobile Home Park Control No 1983-00124)

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 ndash 8 listed in Article





2B2B of the ULDC The Standards and Staff Analyses are 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 1 Consistency with the Plan ndash 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

o Consistency with the Comprehensive Plan The proposed uses are consistent with the Goals Objectives and Policies of the Comprehensive Plan including previous Land Use Amendments densities and intensities of use o Prior Land Use Amendments The site has been the subject of a County initiated Land Use amendment known as Commercial Categories 83a 83b which was part of a series of County Initiated amendments that applied the Commercial High and Commercial Low FLU to properties with a Commercial FLU around the County It was adopted on December 5 2001 by ORD 2001-087 with no conditions o Intensity The maximum Floor Area Ratio (FAR) of 045 is allowed for an Institutional project with a CH FLU designation in the Urban Suburban Tier (1466 acres x 43560 sq ft x 045 maximum FAR = 22353685 sq ft (sq ft) maximum) The request for a total of 5324 square feet equates to a FAR of approximately 0008 (5324 638662 surveyed square feet or 14662 acres = 0008336) o Special Overlay District Neighborhood PlanPlanning Study Area The site is not located within any neighborhood plans overlays or plan study areas as identified in the Comprehensive 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 4B SUPPLEMENTARY USE STANDARDS

General Overall Site The Applicant has three requests for review and approval by both the Zoning Commission and the Board of County Commissioners It is the intention of the Property Owner to subdivide the property in order to develop the lots with CivicInstitutional uses Parcel A will have one use a Cemetery and Parcel B will consist of a two uses a Cemetery and a Place of Worship The subdivision of the lot is a requirement for the proposed cemeteries their Supplementary Requirements as well as requirements by the Florida Statutes During the preliminary discussions of the project Zoning and Land Development Staff met with the Applicant to discuss the proposed requests The meetings resulted with the plan proposed in Figure o Parking and Loading The Preliminary Site Plan indicates a total of 36 parking spaces provided on Parcel B and is the minimum required and provided Prior to Final Site Plan approval for Parcel A the Plan must be revised to show a minimum of five parking spaces the total parking required since there is no maintenance area or offices proposed on the lot

o Landscaping For Parcel A the Preliminary Site Plan indicates a 15 foot Right of Way buffer along the north property line abutting the new 80 foot right of way a 15 foot Type II Incompatibility buffer along the south property line abutting the vacant residential parcel a 20 foot Right of Way buffer along the east property line abutting South Congress Avenue The Site Plan must be revised prior to final approval to include a 15 foot Right of Way buffer along the West property line abutting the 25 foot access easement Parcel B the Preliminary Site Plan indicates a 5 foot Compatibility buffer along the north property This must be revised prior to Final Site Plan approval to indicate a 15 foot Type II Incompatibility buffer The Property Owner may reduce the width of the buffer because of the adjacent 80 foot LWDD canal up to 50 (75 feet) The South property line is proposed to be a 15 foot Type II Incompatibility buffer The Site Plan must be revised prior to final approval to include a 15 foot Right





of Way buffer along the east property line abutting the 25 foot access easement Last a 15 foot Type II Incompatibility Buffer shall be provided on the west property line adjacent to the existing residential o Signage The Preliminary Regulating Plan includes the details of one freestanding ground mounted sign located within the proposed 80 foot right of way Prior to Final Site Plan Approval the Site Plan shall be revised to remove the sign from the Right of Way and relocate it to either Parcel A or Parcel B Both parcels would be allowed 1 Ground Mounted Sign installed along the proposed Right of Way Cemetery o Frontage With the proposed subdivision the Property Owner is required to construct an 80 foot right-of-way for frontage and access to the newly created parcels This right of way will be created off of South Congress Avenue Both parcels will have frontage and access from this new road complying with use limitations for cemeteries to be accessed from an arterial or collector street o Lot Size A Cemetery is required to be located on a site with a minimum contiguous area of 30 acres unless it qualifies for an exception as outlined in Article 4B1A27b The Applicant has stated in the Justification Statement that each cemetery is owned and operated by a collocated or remotely located Place of Worship located within Palm Beach County as outlined in Article 4B1A27b1 and can therefore be less than 5 acres but greater than 2 acres The Preliminary Site Plan indicates Cemetery A to be 499 acres which is owned and operated by Congregation Chevra Kadisha and Cemetery B is 478 acres which is owned and operated by Congregation Chevra Kadisha ndash dba South Florida Jewish Cemetery Both cemeteries have already been licensed by the State of Florida Division of Funeral Cemetery and Consumer Services License information is provided with the application in Exhibit E Place of Worship o FrontageLot Size Article 4B1A29 requires that a Place of Worship will be located on the new 80 foot right of way (Non-planned collector) and has a minimum frontage of 100 ft The subject property is located on Congress Avenue which is classified as an arterial street and has 1113 ft of frontage and therefore complies with the frontage and access requirements of the use o Architectural Review The Preliminary Architectural Elevations have been reviewed for compliance with the Architectural Design Standards in Article 5C as part of this submittal Staff has also included a Condition of Approval within Exhibits C-1 C-2 and C-3 for submission of the Final Architectural Elevations prior to final approval by the Development Review Officer (DRO) 3 Compatibility with Surrounding Uses ndash 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 proposed uses are compatible and generally consistent with the uses and character of the surrounding land The site is appropriately located along Congress Avenue The civic uses are a good transitional type use typically located near commercial and residential use types Buffers will be provided around the developments in accordance with Code that further address impacts 4 Design Minimizes Adverse Impact ndash The design of the proposed use minimizes adverse

effects including visual impact and intensity of the proposed use on adjacent lands

The proposed subdivision and layout of the two lots does not provide for any visually impact from the surrounding properties or rights of ways There is only 1 proposed structure on Parcel B If in the future the Property Owner were to propose a structure on Parcel A they would be required to come back through the applicable review process at that time to add that intensity complying with all code regulations Additionally any existing or proposed issues with regard to compatibility have been addressed through the required perimeter landscaping buffers





5 Design Minimizes Environmental Impact ndash 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

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS VEGETATION PROTECTION The site has been previously cleared of most of the vegetation with the exception of scattered cabbage palm trees The palms shall be incorporated into the site plan or relocated on 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 6 Development Patterns ndash The proposed use or amendment will result in a logical orderly and

timely development pattern The proposed uses will result in a logical orderly and timely development pattern As stated above the property is appropriately located on Congress Avenue The site had a previous approval for a Planned Commercial Development though abandoned in 1992 7 Adequate Public Facilities ndash The extent to which the proposed use complies with Art 2 F

Concurrency

ENGINEERING COMMENTS TRAFFIC IMPACTS Property Owner has estimated the build-out of the project to be December 31 2020 Total net new traffic expected from this project is 96 trips per day 11 trips in the PM peak hour during the weekdays On a weekend 126 trips are expected during the projects peak hour of operation 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 has an insignificant impact on the surrounding roadway network The Property Owner will be conditioned either to construct a south approach left turn lane on Congress Ave at proposed project entrance or modify the existing full median opening in front of the proposed project entrance to allow north approach left and east approach left movements only ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Traffic volumes are per hour per direction Segment Congress Ave from Hypoluxo Rd to Lantana Rd Existing count Northbound= 992 Southbound= 971 Background growth Northbound=251 Southbound=334 Project Trips Northbound=2 Southbound=2 Total Traffic Northbound=1245 Southbound=1307 Present laneage 2 in each direction Assured laneage 2 in each direction LOS ldquoDrdquo capacity 1960 in each direction Projected level of service Northbound=LOS D or better Southbound= LOS D or better





The Property Owner shall reconfigure the subject property in accordance with provisions of Article 11 of the Unified Land Development Code 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 Right of Way Permit from the Palm Beach County Engineering Department Permit Section for access onto or work within Congress Avenue PALM BEACH COUNTY HEALTH DEPARTMENT This project will be served by public water and an onsite sewage treatment and disposal system (OSTDS) FIRE PROTECTION The proposed request has been reviewed by the Fire Department and there are no issues at this time SCHOOL IMPACTS Staff has reviewed the request and it is not subject to the requirements of School Concurrency PARKS AND RECREATION Staff has reviewed the request and it is not subject to the requirements of the Parks and Recreation Department 8 Changed Conditions or Circumstances ndash There are demonstrated changed conditions or

circumstances that necessitate a modification The Applicant has stated in the Justification Statement that this site has had prior environmental conditions that have been a concern for conventional commercial development but are suitable for the proposed development and has remained vacant to the present day Accordingly the proposed use of the property for a Place of Worship and two cemeteries are the demonstrated changed conditions and circumstances that necessitate the modification CONCLUSION Staff has evaluated the standards listed under Article 2B2B 1-8 and determined that there is a balance between the need of change and the potential impacts generated by this change therefore Staff is recommending approval of the proposed Conditional Uses 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 Exhibits C-1 C-2 and C-3





CONDITIONS OF APPROVAL

Exhibit C-1 Conditional Use Class B ndash Parcel A ALL PETITIONS 1 The approved Preliminary Site Plan is dated March 10 2016 and the Preliminary Regulating Plan is dated February 22 2016 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 In order to comply with the mandatory Traffic Performance Standards the Property Owner shall be restricted to the following phasing schedule a No Building Permits for the site may be issued after December 31 2020 A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request This extension request shall be made pursuant to the requirements of Article 2 Section E of the Unified land Development Code (DATE MONITORING - Engineering) 2 The Property Owner shall submit a traffic study acceptable to the County Engineer prior to July 1 2017 but not before the first Certificate of Occupancy is issued identifying the total number of left turns at the project entrance onto Congress Avenue Should the traffic study show that a left turn lane is warranted the Property Owner shall fund permit construct and have finalized a left turn lane within six (6) months of written notice by the County Engineer (DATE MONITORING - Engineering) 3 Prior to issuance of the first building permit the Property Owner shall reconfigure the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code (BLDGPMT MONITORING - Engineering) 4 Prior to recordation of the plat the Property Owner shall abandon or release and relocate as necessary the utility easement recorded in ORB 12533PG 1876 (PLAT ENGINEERING - Engineering) 5 Prior to Final Approval by the Development Review Officer (DRO) the Site Plan shall be revised to remove the monument sign located within the Right-of-Way (DRO ENGINEERING - Engineering) 6 If a turn lane is warranted pursuant to Engineering Condition 2 the Property Owner shall construct either i or ii below as determined by the County Engineer i Left turn lane south approach on Congress Ave at Project Entrance This turn lane should be 280 ft in storage and 50 ft in taper or as approved by the County Engineer ii Modify the existing full median opening on Congress Ave in front of the Project Entrance by installing a triangular island to allow north approach left and east approach left movements only This construction shall be completed within six (6) months of requirement by the County Engineer Any and all costs associated with the construction shall be paid by the Property Owner These costs shall include but are not limited to utility relocations and acquisition of any additional required right-of-way (ONGOING ENGINEERING - Engineering) LANDSCAPING - PERIMETER 1 Prior to Final Site Plan approval the Site Plan shall be revised to provide a fifteen (15) foot Right-of-Way buffer along the the west property line abutting the twenty-five (25) foot access easement unless a variance is granted The buffer may not overlap any drainage areas (DRO ZONING - Zoning) LAKE WORTH DRAINAGE DISTRICT 1 Prior to platting the existing 15-foot Utility Easement per ORB 12533 PG 1876 shall be extinguished (PLAT ENGINEERING - Lake Worth Drainage District)





2 Prior to platting a new 15-foot Utility Easement shall be recorded on the South 15-feet of the North 20-feet of the property The new easement shall be a Joint Use easement between LWDD and the existing utility company (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 3 Prior to platting the Property Owner shall convey a 5-foot exclusive perpetual easement to LWDD The 5-foot easement shall be located at the northern property line run the entire width of the property and shall be acceptable to the District (PLAT ENGINEERING - Lake Worth Drainage District) PARKING 1 Prior to Final Site Plan approval the Site Plan shall be revised to include the required parking in accordance with Article 6 of the Unified Land Development Code (ULDC) (DRO ZONING - Zoning) SIGNS 1 Prior to Final Site Plan approval the Site and Master Sign Plans shall be revised to remove the Ground Mounted sign from the eighty (80) foot Right-of-Way and re-locate it within the Parcel s boundaries Size and number shall be in accordance with Article 8 of the Unified Land Development Code (ULDC) (DRO ZONING - Zoning) COMPLIANCE 1 In Granting this Approval the Zoning Commission relied upon the oral and written representations of the Property OwnerApplicant 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 ZONING - Zoning) 2 Failure to comply with any of the Conditions of Approval for the subject property at any time may result in a The Issuance of a Stop Work Order the Issuance of a Cease and Desist Order the Denial or Revocation of a Building Permit the Denial or Revocation of a Certificate of Occupancy the Denial of any other Permit License or Approval to any developer owner lessee or user of the subject property the Revocation of any other Permit License or Approval from any developer owner lessee or user of the subject property the Revocation of any concurrency andor b The Revocation of the Official Map Amendment Conditional Use Requested Use Development Order Amendment andor any other Zoning Approval andor c A requirement of the development to conform with the standards of the Unified Land Development Code 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 andor d Referral to Code Enforcement andor e Imposition of entitlement density or intensity Staff may be directed by the Executive Director of PZampB 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 andor other zoning approval in accordance with the provisions of Section 2E of the ULDC in response to any flagrant violation andor continued violation of any condition of approval (ONGOING ZONING - Zoning) DISCLOSURE 1 All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit

BCC May 26 2016 0




CONDITIONS OF APPROVAL Exhibit C-2 Conditional Use Class B ndash Parcel B ALL PETITIONS 1 The approved Preliminary Site Plan is dated March 10 2016 and the Preliminary Regulating Plan is dated February 22 2016 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 In order to comply with the mandatory Traffic Performance Standards the Property Owner shall be restricted to the following phasing schedule a No Building Permits for the site may be issued after December 31 2020 A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request This extension request shall be made pursuant to the requirements of Article 2 Section E of the Unified land Development Code (DATE MONITORING - Engineering) 2 The Property Owner shall submit a traffic study acceptable to the County Engineer prior to July 1 2017 but not before the first Certificate of Occupancy is issued identifying the total number of left turns at the project entrance onto Congress Avenue Should the traffic study show that a left turn lane is warranted the Property Owner shall fund permit construct and have finalized a left turn lane within six (6) months of written notice by the County Engineer (DATE MONITORING - Engineering) 3 Prior to issuance of the first building permit the Property Owner shall reconfigure the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code (BLDGPMT MONITORING - Engineering) 4 Prior to recordation of the plat the Property Owner shall abandon or release and relocate as necessary the utility easement recorded in ORB 12533PG 1876 (PLAT ENGINEERING - Engineering) 5 Prior to Final Approval by the Development Review Officer (DRO) the Site Plan shall be revised to remove the monument sign located within the Right-of-Way (DRO ENGINEERING - Engineering) 6 If a turn lane is warranted pursuant to Engineering Condition 2 the Property Owner shall construct either i or ii below as determined by the County Engineer i Left turn lane south approach on Congress Ave at Project Entrance This turn lane should be 280 ft in storage and 50 ft in taper or as approved by the County Engineer ii Modify the existing full median opening on Congress Ave in front of the Project Entrance by installing a triangular island to allow north approach left and east approach left movements only This construction shall be completed within six (6) months of requirement by the County Engineer Any and all costs associated with the construction shall be paid by the Property Owner These costs shall include but are not limited to utility relocations and acquisition of any additional required right-of-way (ONGOING ENGINEERING - Engineering) LAKE WORTH DRAINAGE DISTRICT 1 Prior to platting the existing 15-foot Utility Easement per ORB 12533 PG 1876 shall be extinguished (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 2 Prior to platting a new 15-foot Utility Easement shall be recorded on the South 15-feet of the North 20-feet of the property The new easement shall be a Joint Use easement between LWDD and the existing utility company (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District)





3 Prior to platting the Property Owner shall convey a 5-foot exclusive perpetual easement to LWDD The 5-foot easement shall be located at the northern property line run the entire width of the property and shall be acceptable to the District (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) LANDSCAPING - GENERAL 1 Prior to Final Site Plan approval the Site Plan shall be revised to provide a fifteen (15)foot Right-of-Way buffer along the the east property line abutting the twenty five (25) foot access easement unless a variance is granted The buffer may not overlap any drainage areas (DRO ZONING - Zoning) 2 Prior to Final Site Plan approval the Site Plan shall be revised to provide a fifteen (15) foot Type II Incompatibility buffer along the the north property line abutting the LWDD canal Buffer width reduction may be allowed in accordance with Article 7 of the Unified Land Development Code (ULDC) (DRO ZONING - Zoning) SIGNS 1 Prior to Final Site Plan approval the Site and Master Sign Plans shall be revised to remove the Ground Mounted sign from the eighty (80) foot Right of-Way and re-locate it within the Parcel s boundaries Size and number shall be in accordance with Article 8 of the Unified Land Development Code (ULDC) (DRO ZONING - Zoning) COMPLIANCE 1 In Granting this Approval the Zoning Commission relied upon the oral and written representations of the Property OwnerApplicant 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 ZONING - Zoning) 2 Failure to comply with any of the Conditions of Approval for the subject property at any time may result in a The Issuance of a Stop Work Order the Issuance of a Cease and Desist Order the Denial or Revocation of a Building Permit the Denial or Revocation of a Certificate of Occupancy the Denial of any other Permit License or Approval to any developer owner lessee or user of the subject property the Revocation of any other Permit License or Approval from any developer owner lessee or user of the subject property the Revocation of any concurrency andor b The Revocation of the Official Map Amendment Conditional Use Requested Use Development Order Amendment andor any other Zoning Approval andor c A requirement of the development to conform with the standards of the Unified Land Development Code 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 andor d Referral to Code Enforcement andor e Imposition of entitlement density or intensity Staff may be directed by the Executive Director of PZampB 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 andor other zoning approval in accordance with the provisions of Section 2E of the ULDC in response to any flagrant violation andor continued violation of any condition of approval (ONGOING ZONING - Zoning) DISCLOSURE 1 All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit





CONDITIONS OF APPROVAL Exhibit C-3 Conditional Use Class A ndash PLACE OF WORSHIP ALL PETITIONS 1 The approved Preliminary Site Plan is dated March 10 2016 and the Preliminary Regulating Plan is dated February 22 2016 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 the Place of Worship shall be submitted for review and approval by the Zoning Division Architectural Elevations shall comply with the standards indicated in Article 5C of the Unified Land Development Code (ULDC) and shall be generally consistent with the Architectural Elevations dated January 25 2016 Development shall be consistent with the approved Architectural Elevations the DRO approved Final Plan all applicable Conditions of Approval and all ULDC requirements (DRO ZONING - Zoning) ENGINEERING 1 In order to comply with the mandatory Traffic Performance Standards the Property Owner shall be restricted to the following phasing schedule a No Building Permits for the site may be issued after December 31 2020 A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request This extension request shall be made pursuant to the requirements of Article 2 Section E of the Unified land Development Code (DATE MONITORING - Engineering) 2 The Property Owner shall submit a traffic study acceptable to the County Engineer prior to July 1 2017 but not before the first Certificate of Occupancy is issued identifying the total number of left turns at the project entrance onto Congress Avenue Should the traffic study show that a left turn lane is warranted the Property Owner shall fund permit construct and have finalized a left turn lane within six (6) months of written notice by the County Engineer (DATE MONITORING - Engineering) 3 Prior to issuance of the first building permit the Property Owner shall reconfigure the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code (BLDGPMT MONITORING - Engineering) 4 Prior to recordation of the plat the Property Owner shall abandon or release and relocate as necessary the utility easement recorded in ORB 12533PG 1876 (PLAT ENGINEERING - Engineering) 5 Prior to Final Approval by the Development Review Officer (DRO) the Site Plan shall be revised to remove the monument sign located within the Right-of-Way (DRO ENGINEERING - Engineering) 6 If a turn lane is warranted pursuant to Engineering Condition 2 the Property Owner shall construct either i or ii below as determined by the County Engineer i Left turn lane south approach on Congress Ave at Project Entrance This turn lane should be 280 ft in storage and 50 ft in taper or as approved by the County Engineer ii Modify the existing full median opening on Congress Ave in front of the Project Entrance by installing a triangular island to allow north approach left and east approach left movements only This construction shall be completed within six (6) months of requirement by the County Engineer Any and all costs associated with the construction shall be paid by the Property Owner These costs





shall include but are not limited to utility relocations and acquisition of any additional required right-of-way (ONGOING ENGINEERING - Engineering) HEALTH 1 Prior to the issuance of the first building permit the property owner shall apply for and obtain an onsite sewage treatment and disposal system (OSTDS) permit (BLDGPMT MONITORING - Health Department) 2 Prior to the issuance of the Certificate of Completion the proprty owner shall connect to the available public water system (CC MONITORING - Health Department) LANDSCAPE - GENERAL 1 Prior to Final Site Plan approval the Site Plan shall be revised to provide a fifteen (15) foot Right-of-Way buffer along the the east property line abutting the twenty five (25) foot access easement unless a variance is granted The buffer may not overlap any drainage areas (DRO ZONING - Zoning) 2 Prior to Final Site Plan approval the Site Plan shall be revised to provide a fifteen (15) foot Type II Incompatibility buffer along the the north property line abutting the LWDD canal Buffer width reduction may be allowed in accordance with Article 7 of the Unified Land Development Code (ULDC) (DRO ZONING - Zoning) LAKE WORTH DRAINAGE DISTRICT 1 Prior to platting the existing 15-foot Utility Easement per ORB 12533 PG 1876 shall be extinguished (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 2 Prior to platting a new 15-foot Utility Easement shall be recorded on the South 15-feet of the North 20-feet of the property The new easement shall be a Joint Use easement between LWDD and the existing utility company (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 3 Prior to platting the Property Owner shall convey a 5-foot exclusive perpetual easement to LWDD The 5-foot easement shall be located at the northern property line run the entire width of the property and shall be acceptable to the District (PLAT LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) SIGNS 1 Prior to Final Site Plan approval the Site and Master Sign Plans shall be revised to remove the Ground Mounted sign from the eighty (80) foot Right-of-Way and re-locate it within the Parcel s boundaries Size and number shall be in accordance with Article 8 of the Unified Land Development Code (ULDC) (DRO ZONING - Zoning) COMPLIANCE 1 In Granting this Approval the Board of County Commissioners relied upon the oral and written representations of the Property OwnerApplicant 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 ZONING - Zoning) 2 Failure to comply with any of the Conditions of Approval for the subject property at any time may result in a The Issuance of a Stop Work Order the Issuance of a Cease and Desist Order the Denial or Revocation of a Building Permit the Denial or Revocation of a Certificate of Occupancy the Denial of any other Permit License or Approval to any developer owner lessee or user of the subject property the Revocation of any other permit license or approval from any developer owner lessee or user of the subject property the Revocation of any concurrency andor b The Revocation of the Official Map Amendment Conditional Use Requested Use Development Order Amendment andor any other zoning approval andor





c A requirement of the development to conform with the standards of the Unified Land Development Code 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 of Approval andor d Referral to Code Enforcement andor e Imposition of entitlement density or intensity Staff may be directed by the Executive Director of PZampB 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 andor other zoning approval in accordance with the provisions of Section 2E of the ULDC in response to any flagrant violation andor continued violation of any Condition of Approval (ONGOING ZONING - Zoning) DISCLOSURE 1 All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit





Figure 1 - Land Use Map





Figure 2 - Zoning Map





Figure 3 ndash Aerial





Figure 4 - Preliminary Site Plan dated March 10 2016 (1 of 2)





Figure 4 - Preliminary Site Plan dated March

10 2016 (2 of 2)





Figure 5 ndash Preliminary Regulating Plan dated February 22nd

2016





Figure 6 ndash Preliminary Architectural Elevations dated January 25 2016 (1 of 2)





Figure 6 ndash Preliminary Architectural Elevations dated January 25 2016 (page 2 of 2)





Exhibit D - Disclosures (1 of 4)

































































































Exhibit E ndash State License Confirmation

Bradley D Miller From nasckfloridagmailcom on behalf of Rabbi Jay Lyons ltRabbiLyonsnasckorggt Sent Monday December 14 2015 530 PM To Bradley D Miller Rabbi Elchonon Zohn Subject Fwd Just checking in Forwarded message

From Morris Lashonda A ltLashondaMorrismyfloridacfocomgt Date Monday December 14 2015 Subject Just checking in To Rabbi Jay Lyons ltRabbiLyonsnasckorggt Mr Lyons This is to confirm that a Report of Identification for an Exempt Cemetery has been received for the following Congregation Chevra Kadisha ndash 6081 S Congress Ave (Parcel A)

Lake Worth FL 33462

Congregation Chevra Kadisha ‐ 6081 S Congress Ave (Parcel B) dba South Florida Jewish Cemetery Lake Worth FL 33462 A license for Congregation Chevra Kadisha (parcel A) has been issued (License F087879) and approval of South Florida Jewish Cemetery (parcel B) is pending approval upon processing of the application fee Once payment for parcel B is confirmed a license will be issued Please let me know if you have any further questions Thanks

LaShonda Morris LaShonda Morris Financial Specialist

Funeral Cemetery amp Consumer Services 111 W Madison St

Suite 336-F

Mailing 200 E Gaines St Tallahassee FL 32399-0361 (850) 413-3039 (ph)

(850) 413-4958 (fx) lashondamorrismyfloridacfocom

Subscribe to Dollars amp Sense a weekly newsletter

PLEASE NOTE THAT OUR WEB ADDRESS HAS

CHANGED

httpwwwmyfloridacfocomDivisionfuneralcemetery

From nasckfloridagmailcom [mailtonasckfloridagmailcom] On Behalf Of Rabbi Jay Lyons Sent Friday December 11 2015 454 PM To Morris Lashonda A Subject Just checking in Hi Thanks again for all your help I hope Im not bothering you I just want to check in before the weekend Did the applications reach your desk If it would somehow be helpful Id be more than happy to drive up to Tallahassee on Monday and take care of everything in person Is that helpful Again I cant thank you enough - - Sincerely Rabbi Jay Lyons

1 2 3

ZC May 5 2016 Page 48




Florida Regional Director National Association of Chevra Kadisha 561-376-9972 It is for us the living rather to be dedicated here to the unfinished work which they have thus far so nobly advanced It is rather for us to be here dedicated to the great task remaining before us that from these honored dead we take increased devotion -President Abraham Lincoln Gettysburg Address- - Sincerely Rabbi Jay Lyons Florida Regional Director National Association of Chevra Kadisha 561-376-9972 It is for us the living rather to be dedicated here to the unfinished work which they have thus far so nobly advanced It is rather for us to be here dedicated to the great task remaining before us that from these honored dead we take increased devotion -President Abraham Lincoln Gettysburg Address





PROJECT HISTORY

Application No Request Resolution No Approval Date

ZSE-1979-00132

An Official Zoning Map Amendment to

allow a rezoning from the Agricultural (AG)

Zoning District in part and Residential

Single Family (RS) Zoning District in part to

the General Commercial (CG) Zoning

District

R-1979-921 June 28 1979

A Special Exception to allow a Planned

Commercial Development in excess of

50000 sq ft

R-1979-922 June 28 1979

SE-1979-00132

(A)

A Special Exception to amend the Site Plan

for a Planned Commercial Development in

excess of 50000 sq ft to allow a

Recreational Facility and Amusements and

Attractions and Exhibits and to redesign the

site

R-1987-414 October 231986

Corrective A Corrective Resolution amending

Resolution R-1987-414 that inadvertently

omitted Conditions of Approval

R-92-1602 October 27 1992

DOA-1979-00132

(B)

A Development Order Amendment (DOA)

to modify conditions of Approval (Impact

Fees) of Resolution R-1979-922

R-1991-1709 Denied

November 26

1991

ABN-1979-00132

(C)

A Development Order Abandonment

revoking a Special Exception to allow a

Planned Commercial Development

R-1992-359 March 10 1992

SURROUNDING LAND USES NORTH FLU Designation Commercial High with an underlying HR-8 (CH8) Zoning District Agriculture Residential District (AR) Supporting Vacant Residential (Viacom Outdoor Control No 2003-40503) SOUTH FLU Designation High Residential (HR-8) Zoning District Agriculture Residential District (AR) and Single-Family Residential District (RS) Supporting Vacant Residential (Palm Breezes Mobile Home Park Control No 1983-00124) EAST FLU Designation Commercial High (CH) Zoning District General Commercial District (CG) Supporting Commercial (Atlantis Plaza Control No 1976-00018) WEST FLU Designation High Residential (HR-8) Zoning District Agriculture Residential District (AR) Supporting Residential (Palm Breezes Mobile Home Park Control No 1983-00124)

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 ndash 8 listed in Article



























Concurrency





































































10 2016 (2 of 2)

BCC May 26 2016 0





2016



















































































































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3
































Concurrency





































































10 2016 (2 of 2)






2016








































BCC May 26 2016 0











































































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3






















Concurrency





































































10 2016 (2 of 2)






2016
















































































BCC May 26 2016 0



































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3













Concurrency





































































10 2016 (2 of 2)






2016



















































































































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3









































































10 2016 (2 of 2)






2016



















































































































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3











2016



















































































































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3
























































































































Lake Worth FL 33462




Suite 336-F





CHANGED



1 2 3






palm beach county planning, zoning and building … · 5/2/2016 · planning, zoning and building...

Documents