Item: III.B.1.
FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT
AMENDMENT ROUND 17-C
PLANNING COMMISSION PUBLIC HEARING, FEB. 10, 2017
A.
Application Summary
I.
General
Project Name:
Horizon Equestrian Waste (LGA 2017-012)
Request:
AP to AP/SA with a condition
Acres:
31.60 acres
Location:
North side of CR-880, 6.75 miles west of SR-80
Project Manager:
Lisa Amara, Senior Planner
Applicant:
Horizons 880, LLC
Owner:
Horizons 880, LLC
Agent:
Wantman Group, Inc.
Staff
Recommendation:
Staff recommends approval with conditions based upon the findings
and conclusions contained within this report.
II.
Assessment & Conclusion
The proposed amendment is the first site to seek approval for an equestrian waste recycling
facility through the recently adopted Equestrian Waste Recycling Program. The request is to
assign an underlying Special Agriculture future land use designation to the existing Agricultural
Production designation to allow the concurrent zoning application to proceed with a Conditional
Use approval for the use.
The County has been faced with the challenge of addressing equestrian waste for many years.
The recently adopted Pilot Program offers a new opportunity for managing the thousands of
tons of equestrian waste generated in the County annually. The Pilot Program allows the
County to approve up to four locations in the Glades Tier Rural Service Area for an Equestrian
Waste Recycling Facility. Such Facilities would recycle equestrian waste into reusable bedding
material, fertilizer, and other related products. The proposed amendment site meets all of the
criteria established in the Comprehensive Plan for the Pilot Program and the concurrent zoning
application will ensure that all of the Unified Land Development Code (ULDC) requirements for
this use are met. The County is continuing to work with the Florida Department of
Environmental Protection and the South Florida Water Management District to ensure that the
development of the site will meet all regulatory requirements. The amendment meets all other
requirements of the Comprehensive Plan, including the justification requirements and
compatibility with surrounding land uses.
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III.
Hearing History
Local Planning Agency: February 10, 2017
Board of County Commissioners Transmittal Public Hearing: February 23, 2017
State Review Comments:
Board of County Commissioners Adoption Public Hearing:
T:\Planning\AMEND\17-A\Reports-Agendas\2-BCCTran\4-A-2_17-A_OwenRanch-PLC-rpt.docx
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B.
Petition Summary
I.
General Data
Project Name:
Horizon Equestrian Waste (LGA 2017-012)
Request:
AP to AP/SA with a condition
Acres:
31.60 acres
Location:
North side of CR-880, 6.75 miles west of SR-80
Project Manager:
Lisa Amara, Senior Planner
Applicant:
Horizons 880, LLC
Owner:
Horizons 880, LLC
Agent:
Wantman Group, Inc.
II.
Site Data
Current Future Land Use
Current FLU:
Agricultural Production (AP)
Existing Land Use:
Agriculture
Current Zoning:
Agricultural Production (AP)
Current Dev.
Potential Max:
Agricultural uses
Proposed Future Land Use Change
Proposed FLU:
Agricultural Production with an underlying Special Agriculture (AP/SA)
Proposed Zoning:
Agricultural Production (AP)
Dev. Potential
Max/Conditioned:
Agricultural uses
General Area Information for Site
Tier/Tier Change:
Glades Tier (Rural Service Area) – No Change
Utility Service:
Palm Beach County Water Utilities Department
Overlay/Study:
None
Comm. District:
Melissa McKinlay, District 6
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C.
Introduction
I.
Intent of the Amendment
The amendment is proposed to assign an underlying Special Agriculture (SA) future land use
designation to a parcel of land with an Agricultural Production (AP) future land use designation.
The amendment is proposed in order to allow an Equestrian Waste Recycling Facility pursuant
to the County’s recently adopted Equestrian Waste Recycling Pilot Program. The proposed
amendment includes a condition of approval that limits the use of the SA underlying designation
to only Equestrian Waste management uses and the site will retain full use of the AP
designation. The site under Control number 2007-333 currently has AP zoning and an approval
for a composting facility. The concurrent zoning application (ZV/CB/CA-2016-01030) is
requesting a Development Order Amendment (DOA) for a conditional use Class A approval for
the Equestrian Waste Management Facility and a conditional use Class B approval for a
Chipping & Mulching Facility.
II.
Background/History
The subject site is comprised of one parcel totaling 31.60 acres on the north side of CR-880
approximately 6.75 miles west of SR-80. According to the applicant, currently the subject
property is fallow/vacant although there are several abandoned building foundations on the
property. The site has not been the subject of a prior future land use amendment. However,
the site was included in a County Initiated rezoning in 1990 (R-1990-1899) that rezoned the
entire land area with AP future land use to AP zoning.
Overview of the Area
The site is located in what is known as the Everglades Agricultural Area which was adopted in
the Comprehensive Plan as the Glades Tier Rural Service Area. The site is located
approximately 8 miles west of the Village of Wellington and 8 miles east of the City of Belle
Glade. The site is surrounded on all sides by Agricultural Production future land uses and
agricultural uses, and just north of the Ocean Canal/L-13 that runs parallel to CR-880 along this
segment.
D.
Consistency and Compatibility
I.
Data and Analysis Summary
This section of the report examines the consistency of the amendment with the County’s
Comprehensive Plan, Tier Requirements, applicable Neighborhood or Special Area Plans, and
the impacts on public facilities and services.
A.
Consistency with the Comprehensive Plan - General
1.
Justification: FLUE Policy 2.1-f: Before approval of a future land use amendment, the
applicant shall provide an adequate justification for the proposed future land use and for
residential density increases demonstrate that the current land use is inappropriate. In
addition, and the County shall review and make a determination that the proposed future
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land use is compatible with existing and planned development in the immediate vicinity
and shall evaluate its impacts on:
1.
The natural environment, including topography, soils and other natural resources;
(see Public Facilities Section)
The availability of facilities and services; (see Public Facilities Section)
The adjacent and surrounding development; (see Compatibility Section)
The future land use balance;
The prevention of prevention of urban sprawl as defined by 163.3164(51), F.S.;
(see Consistency with Florida Statutes)
Community Plans and/or Planning Area Special Studies recognized by the Board
of County Commissioners; and (see Neighborhood Plans and Overlays Section)
Municipalities in accordance with Intergovernmental Coordination Element
Objective 1.1. (see Public and Municipal Review Section)
2.
3.
4.
5.
6.
7.
The applicant has prepared a Justification Statement (Exhibit 2) which can be
summarized as follows:



The County has a growing need to address the challenges of managing
equestrian waste generated by the local equestrian uses. Traditional methods of
composting, tilling the waste into the soil as fertilizer, or ‘waste to energy’ such as
the Solid Waste Authority’s Renewable Energy Facility #2, have been used
locally. This amendment responds to the changing conditions of new
technologies becoming available to recycle equestrian waste into new products
such as bedding, fire logs, and compost. The applicant states that:
o “These newer methods can be fully contained within structures,
eliminating nutrient run-off, reducing water pollution, and recycling the
waste into bedding material and other products, which will in turn reduce
the demand for raw materials.”
The applicant states that siting equestrian waste recycling facilities in the County
is a challenge due to the distance and costs involved with disposal, and that
illegal dumping (and resulting negative environmental impacts) remains an issue.
The applicant states that:
o “Adverse impacts include: ground and surface water pollution due to
excessive nutrient discharge, specifically nitrogen or phosphorus; and
odors and other nuisances from improperly stored, composted or spread
livestock waste. These toxins, once in the ground and surface water
bodies affects the larger region, both environmentally and economically.”
The applicant states that the subject site is ideally located for the proposed use
as it is surrounded completely by agricultural land uses that will not be negatively
impacted by the proposed equestrian waste recycling facility. The applicant has
an existing approval for composting, and the equestrian waste use will
compliment that approval.
Staff Analysis: This policy is the umbrella policy over the entire FLUA amendment
analysis and many of the items are addressed elsewhere in this report as identified
above. As stated in the applicant’s justification and recent County Initiated staff report to
establish the Equestrian Waste Pilot Program in the Glades Tier, the County has been
challenged by managing locally generated equestrian waste for many years and this
amendment would allow an additional opportunity for this use closer to the existing
equestrian hub located in Wellington, Loxahatchee Groves, and the surrounding
Western Communities. Staff concurs with the applicant’s justification that the use is not
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only needed, but that the subject site represents an ideal location for the proposed use
and offers a more environmentally sensitive solution to other alternatives, and will
compliment the composting approval already approved at this location. The proposed
condition of approval will limit the use of the SA underlying designation to only
Equestrian Waste management uses and the site will retain full use of the AP
designation, consistent with the surrounding uses. Therefore, the applicant has met the
requirements for an adequate justification.
2.
County Directions – FLUE Policy 2.1-g: The County shall use the County Directions in
the Introduction of the Future Land Use Element to guide decisions to update the Future
Land Use Atlas, provide for a distribution of future land uses in the unincorporated area
that will accommodate the future population of Palm Beach County, and provide an
adequate amount of conveniently located facilities and services while maintaining the
diversity of lifestyles in the County.
6.
Economic Diversity and Prosperity. Promote the growth of industries that
have relatively high wages and that can diversify the economic base.
15.
Agricultural and Equestrian Industries. Support and enhance agriculture and
equestrian-based industries.
Staff Analysis: The proposed amendment will assign an underlying Special
Agriculture future land use designation to the existing Agricultural Production
designation to allow the approval for an Equestrian Waste Recycling Pilot
Program. An Equestrian Waste recycling operation on this site would contribute
to addressing the County’s equestrian waste management challenges and
support the equestrian economy.
3.
Piecemeal Development - Policy 2.1-h: The County shall not approve site specific
Future Land Use Atlas amendments that encourage piecemeal development or approve
such amendments for properties under the same or related ownership that create
residual parcels. The County shall also not approve rezoning petitions under the same
or related ownership that result in the creation of residual parcels.
Staff Analysis: The applicant does not own adjacent properties and this
amendment does not exhibit any of the attributes of piecemeal development.
Further, the amendment does not create a residual parcel.
B.
Consistency with Glades Tier Requirements for the Specific FLU
Future Land Use Element Objective 1.1, Managed Growth Tier System, states that “Palm
Beach County shall implement the Managed Growth Tier System strategies to protect viable
existing neighborhoods and communities and to direct the location and timing of future
development within 5 geographically specific Tiers…..”
1.
Objective 1.6, Glades Tier. Palm Beach County shall work with the communities in the
western areas to preserve and enhance the unique characteristics of the Glades and
protect the economically viable agricultural base in this area. The Glades Tier shall
include all lands west of the Water Conservation Areas, Twenty Mile Bend, and the J.W.
Corbett Wildlife Management Area. The area outside the Urban Service area
predominantly supports large-scale agricultural operations, which shall be afforded rural
levels of service.
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Staff Analysis: The proposed amendment is located within the Glades Tier
Rural Service area, also known as the Everglades Agricultural Area. The EAA is
predominated by large scale agricultural operations. The proposed use will
provide a new solution to addressing waste generated by the County’s
equestrian industry through recycling the waste into reusable products. The
subject site is appropriately situated surrounded by agricultural operations that
will not be negatively impacted by any noise or odors generated from the
recycling facility.
2.
Policy 2.2.5-c: Equestrian Waste Recycling Pilot Project. The County recognizes
the importance of the equestrian industry and the need for facilities to manage the
equestrian waste in a sustainable manner. Through the Equestrian Waste Recycling
Pilot Project, the County may approve up to four equestrian waste recycling facilities in
the Glades Tier Rural Service Area within the Special Agriculture future land use
designation. By December 31, 2021, the County shall review the approved facilities and
consider whether to amend the Comprehensive Plan to allow additional sites. A
proposed Pilot Project site must meet the following criteria in order to be approved:
1.
2.
3.
4.
The site must be located in proximity to State or County roadways (SR80,
SR715, CR880, Connors Highway/US98, Browns Farm Road, and US27); and
The proposed amendment must be reviewed and adopted with a concurrent
zoning application; and
The site must be self contained, comply with all regulatory permits, and comply
with the ULDC Article 5, Best Management Practices for Livestock Waste
Received from Offsite Sources; and
The ULDC shall be revised to ensure that the use is not located within a
minimum of 1,000 feet from food processing or packing plants.
Staff Analysis: The County is in the process of amending the Comprehensive
Plan to establish the new Pilot Program policy as presented above. This text was
adopted by the Board on January 30, 2017. There are no food processing or
packing plants within 1,000 feet of the subject site. The site meets all of the
criteria, provided that the final review continues concurrent with the associated
zoning application.
C.
Compatibility
Compatibility is defined as a condition in which land uses can co-exist in relative proximity to
each other in a stable fashion over time such that no use is negatively impacted directly or
indirectly by the other use. The applicant states "that the proposed development will be
designed and undertaken so as to ensure the density is not in conflict with the surrounding
area."
Surrounding Land Uses: Immediately abutting the site are the following:
North: North of the subject site is a farm with AP future land use and zoning.
South: South of the subject site is the Ocean Canal (L-13 Canal) and a farm with AP
future land use and zoning on the south side of CR-880.
East: East of the subject site is a tree farm with AP future land use and zoning.
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West: West of the subject site is a farm with AP future land use and zoning.
FLUE Policy 2.1-f states that “the County shall review and make a determination that the
proposed future land use is compatible with existing and planned development in the immediate
vicinity.” And FLUE Policy 2.2.1-b states that “Areas designated for Residential use shall be
protected from encroachment of incompatible future land uses and regulations shall be maintain
to protect residential areas from adverse impacts of adjacent land uses. Non-residential future
land uses shall be permitted only when compatible with residential areas, and when the use
furthers the Goals, Objectives, and Policies of the Plan.”
Staff Analysis: The subject site is surrounded by agricultural uses on all sides that will
not be negatively affected by the equestrian waste recycling use proposed for the site.
One important aspect of this use is that it is proposed to be ‘closed loop’, meaning that
there is no potential for contamination or run-off that would negatively impact the
surrounding uses or environmental systems. The concurrent zoning approval process
will allow the County to ensure that all of the necessary conditions of approval are in
place to ensure that the use is contained as stated by the applicant.
D.
Consistency with County Overlays, Plans, and Studies
1.
Neighborhood Plans and Studies – FLUE Policy 4.1-c states “The County shall
consider the objectives and recommendations of all Community and Neighborhood
Plans, including Planning Area Special Studies, recognized by the Board of County
Commissioners, prior to the extension of utilities or services, approval of a land use
amendment, or issuance of a development order for a rezoning, conditional use or
Development Review Officer approval……”
Staff Analysis: The subject site is not located within a neighborhood plan or special
study area.
E.
Public Facilities and Services Impacts
The proposed amendment will allow the subject site to obtain an approval for an equestrian
waste recycling facility. By condition of approval, the only additional use of the property with the
addition of the underlying Special Agriculture designation will be this use. There will be no
additional square footage allowed on the site.
1.
Facilities and Services – FLUE Policy 2.1-a: The future land use designations, and
corresponding density and intensity assignments, shall not exceed the natural or
manmade constraints of an area, considering assessment of soil types, wetlands, flood
plains, well field zones, aquifer recharge areas, committed residential development, the
transportation network, and available facilities and services. Assignments shall not be
made that underutilize the existing or planned capacities of urban services.
Staff Analysis: The proposed amendment has been distributed to the County service
departments for review and there are adequate public facilities and services available to
support the amendment, and the amendment does not exceed natural or manmade
constraints. Staff sent a request for departmental review of the proposed amendment to
various County departments and external agencies for review of public facility impacts.
In addition, staff has been coordinating with the Florida Department of Environmental
Protection and South Florida Water Management District regarding equestrian waste
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recycling facilities. This coordination will continue during the State Review period
following transmittal of the proposed amendment. No adverse comments were received
from the following departments and agencies regarding impacts on public facilities:
Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.),
Environmental (Environmental Resource Management), Land Development
(Engineering), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of
Community Revitalization (OCR), ULDC (Zoning), School Board Health (PBC Dept. of
Health) and Fire Rescue.
2.
Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the
Future Land Use Atlas which:
1)
results in an increase in density or intensity of development generating additional
traffic that significantly impacts any roadway segment projected to fail to operate
at adopted level of service standard “D” based upon cumulative traffic comprised
of the following parts a), b), c) and d):………
Staff Analysis: The proposed amendment will allow the subject site to obtain an
approval for an equestrian waste recycling facility. By condition of approval, the only
additional use of the property with the addition of the underlying Special Agriculture
designation will be this use. There will be no additional square footage allowed on the
site and there will be no additional traffic impacts compared to the uses already allowed
on the subject property under the Agricultural Production future land use designation.
See traffic analysis letter provided in Exhibit 4.
F.
Florida Statutes
1.
Consistency with Urban Sprawl Rule: The proposed amendment is not considered
sprawl as it is for an agricultural related use in an area of the County that is designated
for such uses. In addition, the proposed condition of approval will limit uses allowed
under the proposed SA designation to only an Equestrian Waste Facility and will not
impact the surrounding agricultural uses.
II.
Public and Municipal Review
The Comprehensive Plan Intergovernmental Coordination Element Policy 1.1-c states that
“Palm Beach County will continue to ensure coordination between the County’s Comprehensive
Plan and plan amendments and land use decisions with the existing plans of adjacent
governments and governmental entities…..”
A.
Intergovernmental Coordination: Notification of this amendment was sent to the Palm
Beach County Intergovernmental Plan Amendment Review Committee (IPARC) for
review on January 25, 2017. To date, no objections through the IPARC process to this
amendment have been received. This amendment will be reviewed through the State
Review Process by the South Florida Water Management District if transmitted by the
Board. The District did not provide any comments on the associated Equestrian Waste
text amendment to the Plan that preceded this amendment. As of the writing of this
report, no comments have been received.
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B.
Other Notice: Public notice by letter was mailed to the owners of properties within 500'
of the perimeter of the site on January 25, 2017. Parties that have expressed an interest
in Equestrian Waste in the County were notified of this amendment by email on February
6, 2017. To date, no letters or emails specific to the subject site have been received.
C.
Informational Meeting: The Planning Division will host a meeting with interested parties
to relay information regarding the amendment and development approval process on
February 8, 2017. As the meeting will occur after the mail out of the staff report, staff will
give a summary of the meeting at the public hearings.
III.
Conclusions and Recommendation
The proposed amendment is the first site to seek approval for an equestrian waste recycling
facility through the recently adopted Equestrian Waste Recycling Program. The request is to
assign an underlying Special Agriculture future land use designation to the existing Agricultural
Production designation to allow the concurrent zoning application to proceed with a Conditional
Use approval for the use.
The County has been faced with the challenge of addressing equestrian waste for many years.
The recently adopted Pilot Program offers a new opportunity for managing the thousands of
tons of equestrian waste generated in the County annually. The Pilot Program allows the
County to approve up to four locations in the Glades Tier Rural Service Area for an Equestrian
Waste Recycling Facility. Such Facilities would recycle equestrian waste into reusable bedding
material, fertilizer, and other related products. The proposed amendment site meets all of the
criteria established in the Comprehensive Plan for the Pilot Program and the concurrent zoning
application will ensure that all of the Unified Land Development Code (ULDC) requirements for
this use are met. The County is continuing to work with the Florida Department of
Environmental Protection and the South Florida Water Management District to ensure that the
development of the site will meet all regulatory requirements. The amendment meets all other
requirements of the Comprehensive Plan, including the justification requirements and
compatibility with surrounding land uses.
Therefore, staff recommends approval with conditions.
Exhibits
Page
1.
Future Land Use Map & Legal Description
E-1
2.
Applicant’s Justification Statement
E-2
3.
Applicant’s Public Facility Impacts Table
E-8
4.
Traffic Analysis
E-11
5.
Water & Wastewater Provider LOS Letter
E-12
6.
Applicant List and Disclosure of Ownership Interests
E-13
7.
Correspondence
E-14
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Exhibit 1
Amendment No:
Horizon Equestrian Waste (LGA 2017-012)
FLUA Page No:
3843
Amendment:
From Agricultural Production (AP) to Agricultural Production with an
underlying Special Agriculture (AP/SA)
Location:
North side of CR880, approx. 6.75 miles west of SR-80
Size:
31.60 acres
PCN:
00-38-43-37-01-001-0051
Conditions:
Development of the site shall be consistent with the AP future land use
designation with the additional Equestrian Waste use allowed by the SA
future land use designation under the Equestrian Waste Pilot Program.
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Horizon Equestrian Waste (LGA 2017-012)
Legal Description
00-38-43-37-01-001-0051
The West 270 feet of Tract 5, all of Tracts. 6, 7 and 8, LESS AND EXCEPT the West 110.00
feet of Tract 8, Subdivision of Lot I, Hiatus between Townships 43 and 44 South, Range 38
East, as recorded in Plat Book 8, Page 84, of the Public Records of Palm Beach County,
Florida;
TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining; SUBJECT, HOWEVER, to the right-of-way State Road 80 over the South
70.00 feet of Tracts 5, 6, 7 and 8.
TOGETHER WITH a sixty foot (60') ingress and egress easement described as follows:
A strip of land, 60.00 feet in width, lying in Tract 8, Subdivision of Lot 1, Hiatus between
Townships 43 and 44 South, Range 38 East, as recorded in Plat Book 8, Page 84, of the Public
Records of Palm Beach County, Florida; said strip of land being specifically described as
follows:
Commence at the Southwest corner of said Tract 8, thence North 89°54'20" East along the
South line of said Tract, a distance of 88.37 feet to the intersection thereof with the East line of
Parcel No.4 of that certain Grant of Easement recorded in Official Records Book 1267, Page
443, said Public Records; thence North 00°27'09" East, departing the South line of said Tract 8,
and along the East line of said Grant of Easement Parcel No.4, a distance of 70.00 feet to the
intersection thereof with the North line of the South 70.00 feet of said Tract 8 and the Point of
Beginning.
Thence continue North 00°27'09" continuing along the East line of said Grant of Easement
Parcel No.4, a distance of 280.00 feet, Thence North 89°55'02" East, departing said East Parcel
line, a distance of 18.36 feet to the intersection thereof with the East line of the West 110.00 feet
of said Tract 8; Thence North 00°04'58" West along said East line of the West 110.00 Feet of
said Tract 8, a distance of 60.00 feet, Thence South 89°55'02" West departing said East line, a
distance of 77.81 feet to the intersection thereof with the West line of said Grant of Easement
Parcel No. 4, Thence, South 00°27'09" West along the West line of said Grant of Easement
Parcel No.4, a distance of 340.02 feet to the intersection thereof with the North line of the South
70.00 feet of said Tract 8, Thence North 89°54'20" East along said line of the South 70.00 feet
of said Tract 8, a distance of 60.00 feet to the Point of Beginning.
CONTAINING: 31.60 ACRES OR 1,376,512 SQUARE FEET, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY OF
RECORD.
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Exhibit 2
Applicant’s Justification Statement, Consistency, and Compatibility
A. INTRODUCTION The subject proposal is a Large Scale Future Land Use Atlas (FLUA) amendment request to amend the Future Land Use (FLU) designation of an approximate 31.6 acre site, known as “Horizon 880” (herein referred to as the “subject property”). Currently, the subject property has a Future Land Use Map (FLUM) designation of Agricultural Production (AP) with a compatible Zoning classification of Agricultural Production (AP). The site is generally located on the north side of the L‐13 Canal, approximately 2.5 miles east of Sam Senter Road in Section 37, Township 43 South, and Range 38 East within unincorporated Palm Beach County. More specifically identified by Property Control Number 00‐38‐43‐37‐01‐001‐0051. Located within the Glades Tier of Palm Beach County, the property currently accommodates a compost, chipping and mulching facility. B. REQUEST On behalf of the Owner and Applicant, Horizons 880, LLC, WGI is respectfully requesting an underlying FLUA amendment to Special Agriculture (SA) to allow for a reuse of the property to include an equestrian waste and recycling facility. As this specific type of use is not currently defined within the County’s Comprehensive Plan nor the Unified Land Development Code (ULDC), a text amendment to both documents is currently being processed by County staff that will to the following:  Define equestrian waste and recycling;  Allow an equestrian waste recycling pilot project on land with a SA Future Land Use designation; and  Clarify the types of agricultural related uses allowed within the SA designation. The proposed County text amendment defines equestrian waste as “manure produced by horses along with soiled bedding material”. “Manure” means a solid waste composed of excreta of animals and residual materials that have been used for bedding, sanitary or feeding purposes for such animals. The provision for the pilot project is within the General Future Land Use provisions, Policy 2.2.5 Agricultural titled “Equestrian Waste Recycling Pilot Project”. The subject petition is seeking to create an underlying Future Land Use designation of SA with the purpose of facilitating the pilot study to allow an equestrian waste recycling site that is closer to the Village of Wellington and surrounding equestrian areas in Central Palm Beach County. The Owner and Applicant, Horizons 880, LLC, intends to employ one of the innovative sustainable recycling firms to operate and manage the disposal and recycling of the equestrian waste of the equestrian communities in western Palm Beach County. 17-C FLUA Amendment Staff Report
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C. COMPATIBILITY AND SURROUNDING USES The subject site is surrounded on all sides by sugar cane crops. To the north and west are fields owned and operated by U.S. Sugar, to the south by Star Farms Corporation and to the north and east by independent farming owners. The following is a summary of the uses surrounding the subject property. ADJACENT LANDS USES FLU ZONING NORTH Sugar Cane Crops Agricultural Production Agricultural Production SOUTH Sugar Cane Crops Agricultural Production Agricultural Production EAST Sugar Cane Crops Agricultural Production Agricultural Production WEST Sugar Cane Crops Agricultural Production Agricultural Production D. JUSTIFICATION FOR FUTURE LAND USE ATLAS AMENDMENT Palm Beach County and the equestrian communities within have been, for some time now, faced with the challenges associated with disposing of equestrian waste. Traditionally, the method of handling equestrian waste has been through composting or tilling into the soil as a fertilizer. However, the preferred disposal method is through the recycling process of waste to energy. One method of recycling the waste is available at the County Solid Waste Authority’s Renewable Energy Facility #2 (Facility #2), located in central West Palm Beach. With a novel focus on sustainable equestrian waste disposal, new technologies are being developed. Companies in the field can now recycle waste into compost, fire logs, and bedding material. These newer methods can be fully contained within structures, eliminating nutrient run‐off, reducing water pollution, and recycling the waste into bedding material and other products, which will in turn reduce the demand for raw materials. According to the County, a number of these firms have shown great interest in locating their facilities in western Palm Beach County. The siting of these facilities is a challenge as the County’s land use and zoning regulations limit recycle plant operations to industrial land, which, as with Facility #2, are located far distances from the equestrian areas of western Palm Beach County. Compounding the problem is the Industrial future land use designation is not allowed within the Rural, Exurban and Glades Tiers and therefore not allowed close to the core equestrian areas of the western county and municipalities. Due to disposal fee cost, distance and other limited options for legal disposal of equestrian waste, the County reports that illegal dumping continues and the environmental consequences are great. Some of these adverse impacts include: ground and surface water pollution due to excessive nutrient discharge, specifically nitrogen or phosphorus; and odors and other nuisances from improperly stored, composted or spread livestock waste. These toxins, once in the ground and surface water bodies affects the larger region, both environmentally and economically. 17-C FLUA Amendment Staff Report
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E. COMPLIANCE WITH COMPREHENSIVE PLAN FLUE POLICY 2.1‐F The proposed underlying FLUA amendment to the SA designation is compatible with existing and planned development in the immediate vicinity and does not negative impact the following: The natural environment, including topography, soils and other natural resources; The subject property is the location of a defunct sugar cane refining operation. The historic soil was Terra Ceia Much Soil but the site has been filled over time. Having a history of uses associated with agricultural production, the site has been heavily modified from its natural state. There are several abandoned pre‐existing building foundations on the property; however none of the structures are habitable at this time. As a result the land has been in fallow for the past few years but is being cleaned and maintained by the owner. In 2014, the site was approved for use as a composting facility. The proposed FLUM will not have an adverse impact on the existing environment and at the time of building permit will comply with Palm Beach County Environmental Resource Management and other permitting agencies. 1. The availability of facilities and services; The site will maintain private water and wastewater service for the site as the nearest connection to sewer and County water is approximately five miles. The surrounding uses are all agricultural crops and the County Water Utilities Department is in agreement with private service. Fire Rescue Services are available to service the site. 2. The adjacent and surrounding development; The proposed FLUA amendment will maintain the existing land use designation of AP that is consistent with the surrounding land use designations. The underlying SA is compatible with the AP land use and will not require a zoning map amendment. 3. The future land use balance; The proposed amendment will maintain the AP land use designation that the surrounding properties are designated but proposes an underlying designation of SA that creates a compatible land use but offers additional uses to the area. 4. The prevention of urban sprawl as defined by 163.3164(51), F.S. According to the State of Florida’s definition of urban sprawl, they are “characterized by low density, automobile‐dependent development with either a single use or multiple uses that are not functionally related, requiring the extension of public facilities and services in an inefficient manner, and failing to provide a clear separation between urban and rural uses.” The proposed FLUA amendment will not create urban sprawl as the SA designation will not allow further development of the property or intensify the use, but will simply accommodate the new use of Equestrian Waste Recycling alongside the composting operation. 5. Community Plans and/or Planning Area Special Studies recognized by the Board; The proposed amendment serves to implement a concurrent text amendment to the County plan for a pilot study for an equestrian disposal and recycling site. The subject 17-C FLUA Amendment Staff Report
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property is the ideal location for the proposed use as it meets all of the proposed Pilot Project site criteria. 7. Municipalities in accordance with Intergovernmental Coordination Element. The subject amendment will be reviewed by the IPARC during the amendment process. It is anticipated that the committee will recommend approval as the use will service the surrounding municipalities as well as the unincorporated Palm Beach County. F. FUTURE LAND USE ELEMENT Additionally, the proposed amendment furthers Policy 2.1‐g: as the amendment provides for a distribution of future land uses in the unincorporated area that will provide a conveniently located facility and service to for the equestrian communities within western Palm Beach County. With regard to the agricultural uses as defined in the Future Land Use category, the subject property, as both and proposed use, more closely meets the intent of the SA description as a transitional agricultural classification to be utilized for more intense agricultural uses and related services and limited commercial activities that provide a convenience to the rural or agricultural community. As compared to the definition of the AP, which states the AP category shall be applied to the Everglades Agricultural Area to protect areas for bona fide agriculture and related farming operations, particularly where conditions favor continued agricultural production. Agricultural Production uses shall be protected from encroachment of incompatible urban land uses. G. FLORIDA STATUTES CHAPTER 163.3177 163.3177: Required and optional elements of comprehensive plan; studies and surveys. Florida Statute, Chapter 163.3177 is the principle state statute governing the comprehensive plans and plan amendments for all of the Counties within the State of Florida. In 2011, Chapter 163, F.S. was substantially revised and Rule 9J‐5 was repealed and removed from the Florida Administrative Code (House Bill 7207). Today, Chapter 163.3177(1) (f) states, “all mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government, that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of the adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue”. The justification presented in the subject application and justification statement support the request for amendment of the Future Land Use Atlas and demonstrate consistency with the Florida Statutes. 163.3177 – 6.a. Requires that a local government’s future land use plan element be based on a number of factors, including population projections, the character of undeveloped land, availability of public services and other planning objectives. 17-C FLUA Amendment Staff Report
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The proposed amendment is an appropriate use of the land as it meets all of the criteria of the proposed Pilot Study area for an equestrian disposal and recycling site. Given the nature of the proposed development, the subject site shall create little to no impact to the surrounding area with regards to usage of public utilities. Water and wastewater service will be provided privately and traffic generated by the development does not adversely impact the surrounding area. 163.3177 – 6.a.9. The future land use element and any amendment to the future land use element shall discourage the proliferation of urban sprawl. The proposed amendment is not considered sprawl as it is considered a reuse of a similar manufacturing type use on the subject property. H. CONCLUSION On behalf of the Owner and Applicant, Horizons 880, LLC, WGI is respectfully requesting an underlying FLUA amendment to Special Agriculture (SA) to allow for the expanded utilization of the property as an equestrian waste and recycling facility. The subject petition will assist the County in facilitating the pilot study to allow an equestrian waste recycling site that is closer to the Village of Wellington and surrounding equestrian areas in Central Palm Beach County. The subject property meets the location criteria and development order requirement and will be operate a self‐contained facility, complying with all regulatory permits and the ULDC Article 5, Best Management Practices for Livestock Waste Received from Offsite Sources, if approved. Based on the above and attached information, the Applicant respectfully requests the approval of the underlying Future Land Use Atlas amendment to Special Agriculture. 17-C FLUA Amendment Staff Report
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Exhibit 3
Applicant’s Public Facilities Table
VIII. Public Facilities Information
A. Traffic Information
Current FLU
Maximum
Conditioned or
Concurrent
50
50
N/A
Max Trip Generation
Trip Increase Max.
No trip increase from this amendment
Trip Inc. Conditioned
or Concurrent
No trip increase from this amendment
Significantly
impacted roadway
segments that fail
Long Range
N/A
None
N/A
Significantly
impacted roadway
segments for Test 2
N/A
None
N/A
Traffic Consultant
Juan Ortega,
B. Mass Transit Information
Nearest Palm Tran
Route (s)
Bus Route 40 & Bus Route 47
Nearest Palm Tran
Stop
38840 1/2 SR 80 (PBC Sheriff’s Office) – Approx. 11 Miles
US 441 & SR 80 at Seminole Pratt Whitney Rd – Approx. 11 Miles
Nearest Tri Rail
Connection
West Palm Beach Tri-Rail Station (209 S Tamarind Ave, West Palm Beach, FL
33401) – Approx. 30 Miles
C. Portable Water & Wastewater Information
Potable Water &
Wastewater
Providers
Palm Beach County Water Utilities Department (PBCWUD)
Nearest Water &
Wastewater Facility,
type/size
Due to the type of use and five mile distance to the nearest water and sewer
pipes, private service is recommended. According to the earlier discussion with
the Health Department through the DRO review in the summer, it was agreed that
a potable water well permit and a septic tank permit will be applied at time of
building permit.
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D. Drainage Information
The site is generally bounded to the south by the L-13 canal, the north and east by existing ditches and the
west by an existing road. The perimeter is surrounded by existing water bodies on three sides and the west
side access road drains from south to north with outfall to the existing perimeter ditch system. Based on a
review of the topographic survey, there does not appear to be any offsite drainage passing through or onto
the property.
This project consists of the site development and drainage design for a proposed composting facility. The
project site is located within the SFWMD's S-5A Drainage Basin, which limits the maximum allowable
development discharge to 20.2 cubic feet per second per square mile for a 25 year, 3 day design storm.
The proposed storm water management system is expected to include a series of inlets and culverts
directing runoff to a proposed wet detention system (lake) where water quality treatment and storm water
attenuation will be provided. Once treated, the runoff will be discharged via a proposed control structure to
the L-13 Canal for legal, positive outfall.
The proposed surface water management system will be designed in accordance with SFWMD
Environmental Permitting criteria and applicable regulations of Palm Beach County including road crowns
at or above the projected 5Y-1D storm event; perimeter elevations at or above the 25Y-3D storm event;
and building finished floors above the 100Y-3D zero discharge storm event. The project is not in a known
flood plain of a stream or other watercourse.
Based on the Federal Emergency Management Agency's (FEMA} flood insurance rate map (FIRM)
Community Panel Number 1201920100 B dated 10/15/1982, the project lies in Zone B, which indicates that
the project is between the limits of the 100-year and the 500-year floodplains. The proposed flood zone is X
(Protected by Levee). Please refer to Drainage Statement as Application Attachment J for more
information.
E. Fire Rescue
Nearest Station
PBC Fire-Rescue station #73 (525 SW 2nd St, Belle Glade, FL 33430)
Distance to Site
13 miles
Response Time
Extended response time of over 28 minutes
Effect on Resp. Time
Extended response time of over 28 minutes
The Fire Rescue Service Letter has been provided as Application Attachment
K.
F. Environmental
No significant habitat occurs on the assessed parcel. No state or federal listed
plant or animal species were located within the assessment area.
The subject property is not located within an area that contains coastal resources.
Significant habitats
or species
The subject property is not located in a Hurricane Vulnerability Zone or a Coastal
High Hazard Zone.
The parcel is dominated by the palm nursery with a layer of mulch over the
ground so only a few weeds and grasses were observed in these areas besides
the nursery stock. Otherwise, a variety of native and non‐native shade trees were
observed around the residence and along the property lines.
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No obvious pollution sources (storage tanks, vents, 55 gallon drums, etc.) were
observed on the property.
There does not appear to be any wetlands or surface waters located on the
property. The site has been historically filled to support the agricultural processing
activities. There are several detention/retention swales around the property but all
were dry and no wetland indicators were observed. This determination would
need to be confirmed by the South Florida Water Management District (State) and
the US Army Corps of Engineers (Federal) as the wetland regulatory agencies.
The Environmental Report has been provided as Application Attachment L.
Flood Zone*
X500
Wellfield Zone*
The subject property is not located within a Wellfield Zone. Please refer to
Application Attachment M.
G. Historic Resources
Staffs review of the County's survey of historic/architecturally significant structures, and of properties
designated for inclusion in the National Register of Historic Places (NRHP), has identified no historic or
architecturally significant resources on or within 500 feet of the above referenced property.
Staff review of the County's map of known archaeological sites has identified no known archaeological
resources located on or within 500 feet of the above referenced property.
The Historic Resource Evaluation Letter Request has been provided as Application Attachment N.
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Exhibit 4
Traffic Analysis
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Exhibit 5
Water & Wastewater Provider LOS Letter
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Exhibit 6
Disclosure of Ownership Interests
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Exhibit 7
Correspondence
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