Attachment 5 - Summary of PBC Entitlement Process.pdf

ATTACHMENT “5”

LEASE AND DEVELOPMENT OF VACANT NON-AERONAUTICAL LAND

NORTH PALM BEACH COUNTY GENERAL AVIATION AIRPORT

(RFP #NC 19-8)

Attachment “5” to RFP # NC 19-8

ENTITLEMENT INFORMATION/PROCESS

Proposers are advised that the following assumptions are provided for informational purposes only. The County makes no representation regarding this information as to the truth, fact, accuracy or completeness, or sources thereof. Proposers shall have the duty to verify the accuracy of the information as contained herein.

Land Use and Zoning – North Palm Beach County General Aviation Airport (the “Airport”) is no longer governed as a Development of Regional Impact. There is an approved Airport Master Plan (see Attachment “12” to the RFP) that identifies two subsidiary development areas for airport and non-airport related uses. This RFP is for the larger northeastern Subsidiary Development Area (“SDA”) located to the north of the airport terminal, and east and north of the airport runways and the Airport’s entry roadway (Aviation Boulevard), encompassing an available area of approximately 142.5 acres +/- (the “Property”) (see Attachments “2” and “3” to this RFP). The Property is under the municipal jurisdiction of unincorporated Palm Beach County, and is generally located west of Beeline Highway and the CSX Railroad, west and north of their intersection with PGA Boulevard and also north of the main Airport entrance.

On November 2, 1989, the City of Palm Beach Gardens and Palm Beach County approved an Interlocal Agreement (Resolution R-90-194(D)) that established restrictions on the use of the airport property, which include an agreement whereby Palm Beach County will not develop “residential developments or other development inconsistent with the proposed airport facility”.

This Interlocal Agreement is included in Attachment “13” to the RFP.

In 1990 the Palm Beach County Board of County Commissioners (the “Board”) approved the rezoning of the entire Airport (approximately 1,832 acres+/-) to the Public Ownership (PO) District.

In 2010, the Board approved a Development Order Amendment (DOA) which approved the Master Plan for the Airport and also created the two SDAs. A Concurrency Reservation application was approved in 2010 with the DOA for 765,600 square feet of industrial uses proposed for both SDAs. A copy of Resolution R-2010-0152 is attached as Attachment “14” to the RFP.

The North Palm Beach County General Aviation Airport Master Plan has been adopted into the Palm Beach County Comprehensive Plan. It has a Palm Beach County Future Land Use designation of Transportation and Utilities Facilities (U/T) and a Public Ownership (PO) Zoning District designation. It is also located within the Limited Urban Service Area Tier and is located in the Airport Zoning Overlay (AZO). It includes the main airport property and two SDAs, including the Property and a second 29 +/- acre SDA located to the southeast. Development on this airport and the Property is governed by the Airport Zoning Overlay (AZO) in the Palm Beach County Unified Land Development Code (ULDC). http://www.pbcgov.com/uldc/

The AZO establishes the types of uses allowed within the Airport Master Plan. A copy of ULDC Article 3.B.2 Airport Zoning Overlay, including Table 3.B.2.B - Airport Use Regulations, is attached as Attachment “15” to the RFP. The AZO defines “airport-related” uses as those uses directly related to general airport operations or maintenance. “Non-airport related” uses are those not related to the operation and maintenance of the airport.

http://www.pbcgov.com/uldc/

Table 3.B.2.B- Airport Use Regulations identifies “airport-related” and “non-airport related” uses. The applicable development order approval process, along with the corresponding zoning district and Supplemental Regulations Note, is also indicated on the Table.

1) Entitlement Approval Process - Those uses indicated in the Table as a “P” are permitted by right and approved through the Building Permit process. Those uses indicated in the Table as a “D” are permitted subject to obtaining Site Plan Approval from the Palm Beach County Development Review Officer (DRO). Those uses indicated in the Table as an “S” are permitted subject to a Special Permit. Those uses indicated in the Table as an “A” or a “B” are Conditional Uses that are approved via a public notice process either by the Board of County Commission or the Zoning Commission.

2) Corresponding Zoning District PDRs – These reference the corresponding zoning district for purposes of determining the applicable property development regulations that apply for lot dimension, density, FAR, building coverage and setbacks.

3) Supplemental Regulation Note – These reference the supplemental use regulations specific to each use that are contained in ULDC Article 4.B of the ULDC.

It is anticipated that this site will develop with “non-airport related” uses. Most uses classified as “non-airport related” will required review and approval by the Palm Beach County Development Review Officer (DRO), Zoning Commission or Board of County Commission through the applicable process indicated in Table 3.B.2.B- Airport Use Regulations. An overview of the entitlement processes are summarized below.

Examples of anticipated non-airport related uses listed in the AZO include:

• Contractor Storage Yard

• Distribution Facility

• Repair and Maintenance, General

• Recycling Center or Plant

• Manufacturing and Processing

• Vehicle Sales and Rental

• Warehouse/Flex Space

• Wholesaling, General

If determination of a use classification as “airport related” or “non-airport related” is necessary, please contact Jon MacGillis, Palm Beach County Zoning Director at (561) 233-5223 or jmacgill@pbcgov.org.

Development Review Officer (D) Entitlement Process The process and time frame to pursue entitlement approvals from the DRO may take two (2) to three (3) months and is outlined as follows:

The application is reviewed and the project must receive final technical approval from the DRO.

This is a staff level technical review and approval. Following DRO approval, building permit applications may be submitted.

mailto:jmacgill@pbcgov.org

Alternatively, Palm Beach County has implemented a process whereby the final site plan review by the DRO can be done concurrently with the Building Permit Review through a Type 2 Concurrent Review.

http://discover.pbcgov.org/pzb/zoning/PDF/FlowchartsProcesses/Concurrent_Review_Process_ Final_DRO_Flowchart.pdf

A pre-application meeting is strongly encouraged to discuss the request with County staff.

Submission Requirements:

A DRO application requires the following documents:

1) A completed General Application and Supplemental Application utilizing the Palm Beach

County forms and format.

http://discover.pbcgov.org/pzb/zoning/Pages/Applications-Forms.aspx

2) A Final Site Plan reflecting the proposed development program and design and complying with the requirements of the Palm Beach County Technical Manual.

http://www.pbcgov.com/techmanual/pdf/Entire_TechnicalManual.pdf

3) A boundary survey in compliance with State regulations (5J-17 and 472 Florida

Administrative Code), dated signed and sealed within one (1) year of the submittal, and including the following elements:

• Tied to State Plane coordinates

• Reference to and mapping of any encumbrances as identified in a title abstract (such as an owner’s encumbrance report, title commitment, or title search report) dated within one

(1) year.

• The location of all existing buildings.

• The location of all existing native trees with a diameter breast height (DBH) of 2 inches or greater and native palms with minimum height as based on palm species as outlined in ULDC Table 7.D.2.B.

4) A Traffic Report addressing the proposed uses and intensity showing compliance with the

County Traffic Performance Standards (TPS). The two SDAs, including the Property, has Traffic Concurrency approval for 765,600 square feet of industrial as iterated in the January 20, 2010, Development Order Amendment Traffic Performance Review Analysis approval letter (see Attachment “16” to the RFP). Concurrency for alternate uses or intensities can be amended thru the Concurrency Equivalency process at the time of seeking an entitlement approval. A copy of the Traffic Impact Study prepared by MTP Group, Inc., dated August, 2009, is attached as Attachment “17” to the RFP.

5) A Drainage Statement and utility statement addressing the proposed uses and intensity.

6) Architectural elevations and floor plans of the proposed building(s) complying with ULDC

Article 5.C.1.

http://discover.pbcgov.org/pzb/zoning/PDF/FlowchartsProcesses/Concurrent_Review_Process_Final_DRO_Flowchart.pdf http://discover.pbcgov.org/pzb/zoning/PDF/FlowchartsProcesses/Concurrent_Review_Process_Final_DRO_Flowchart.pdf

Conditional Use Entitlement Process The process and time frame to pursue entitlement approvals for a Conditional Use takes approximately four (4) to six (6) months from the submission of the application to the final Zoning Commission (Conditional Use Class B) or Board of County Commission (Conditional Use Class A) consideration of the request.

A Conditional Use Application is reviewed through a public hearing process. Notifications to surrounding property owners are sent and the application is considered at either one public hearing (Conditional Use Class B) or two public hearings (Conditional Use Class A).

If the Conditional Use is approved, the project must receive final technical approval from the Palm Beach County Development Review Officer (DRO). This is a staff level technical review and approval. The information identified above is updated (if necessary) to address any conditions placed on the Conditional Use approval and submitted for final review. This process takes approximately two (2) additional months to complete. Following DRO approval, building permit applications may be submitted.

Submission Requirements:

A Conditional Use application requires the following documents:

1) A completed General Application and Conditional Use Application utilizing the Palm Beach

County forms and format.

2) A Preliminary Site Plan reflecting the proposed development program and design and complying with the requirements of the Palm Beach County Technical Manual

3) A boundary survey in compliance with State regulations (5J-17 and 472 Florida

Administrative Code), dated signed and sealed within one (1) year of the submittal, and including the following elements:

• Tied to State Plane coordinates

• Reference to and mapping of any encumbrances as identified in a title abstract (such as an owner’s encumbrance report, title commitment, or title search report) dated within one

(1) year.

• The location of all existing buildings.

• The location of all existing native trees with a diameter breast height (DBH) of 3 inches or greater and native palms with minimum height as based on palm species as outlined in ULDC Table 7.D.2.B.

4) A Traffic Report addressing the proposed uses and intensity showing compliance with the

County Traffic Performance Standards (TPS). The two SDAs, including the Property, has Traffic Concurrency approval for 765,600 square feet of industrial as iterated in the January 20, 2010, Development Order Amendment Traffic Performance Review Analysis approval letter (see Attachment “16” to the RFP). Concurrency for alternate uses or intensities can be amended thru the Concurrency Equivalency process at the time of seeking an entitlement approval. A copy of the Traffic Impact Study prepared by MTP Group, Inc., dated August, 2009, is attached as Attachment “17” to the RFP.

5) A Drainage Statement and utility statement addressing the proposed uses and intensity.

6) Architectural elevations and floor plans of the proposed building(s) complying with ULDC

Article 5.C.1.

A portion of the Property supports naturally occurring native vegetation, primarily Slash Pine. Any development proposal affecting this area will be reviewed through the Palm Beach County Department of Environmental Resources Management (PBC ERM) in collaboration with Palm Beach County Zoning to establish the tree disposition for existing native vegetation. A vegetation survey will be required and a Regulating Plan with a Tree Disposition Chart pursuant to Title 4, Landscaping, Chapter C of the Zoning Technical Manual will also be required to document vegetation preservation, mitigation or relocation.

A portion of the Property supports naturally occurring wetlands. Any development proposal affecting this area will be reviewed by the U.S. Army Corps of Engineers (USACOE) and other state regulating authorities, including, but not limited to, the South Florida Water Management District.