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ITEM: ORDINANCE NO. 2024-20 (AMENDMENT TO WELLINGTON GREEN ZONING ORDINANCE)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A DEVELOPMENT ORDER AMENDMENT TO MODIFY THE ZONING DEVELOPMENT ORDER FOR CERTAIN PROPERTIES, KNOWN AS WELLINGTON GREEN, TOTALING 456.30 ACRES, MORE OR LESS, LOCATED ON THE SOUTHWEST CORNER OF STATE ROAD 7 AND FOREST HILL BOULEVARD, AS MORE SPECIFICALLY DESCRIBED HEREIN, TO DELETE PRIOR CONDITIONS OF APPROVAL, THAT WERE ORIGINALLY ADOPTED AS PART OF THE REZONING BY PALM BEACH COUNTY, DUE TO THEIR SATISFACTION, OBSOLESCENCE, OR INCLUSION WITHIN THE WELLINGTON GREEN MASTER PLAN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
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PUBLIC HEARING: YES QUASI-JUDICIAL: NO-LEGISLATIVE
EXPLANATION: This amendment is to delete original conditions of approval that were included with the Rezoning of Wellington Green project, as adopted by Palm Beach County (PBC) (Resolution No. R-96-1195/Staff Report Exhibit B), that are satisfied, obsolete, or included in the current approved Wellington Green Master Plan.
The Wellington Green zoning ordinance includes conditions of approval (Resolution No. R-96-1195/Staff Report Exhibit B) that have not been amended over the years in conjunction with the amendments to the master plan conditions (Resolution No. R2017-10/Staff Report Exhibit G). The Wellington Green zoning conditions included local conditions and development standards that were in addition to regional conditions of approval and were approved as a part of the Wellington Green Development of Regional Impact (DRI). The Wellington Green Master Plan, approved by Palm Beach County in conjunction with the land use, zoning, and DRI, included all of the local and regional conditions that were a part of the land use and zoning designation and the DRI.
The Wellington Green Master Plan (Resolution No. R2017-10/ Staff Report Exhibit C) was last updated in 2017 to allow an additional hotel, remove “satisfied” Regional Conditions, and consolidate all Local Conditions. A comparison list of the original zoning conditions and current master plan conditions is provided as Exhibit D of the staff report. The comparison illustrates that the same conditions were provided on the original zoning as the master plan; however, the master plan conditions have been amended over time. The list also indicates certain conditions were deleted from the master plan as they were obsolete and/or satisfied. These conditions were deleted with master plan amendments approved by Wellington’s Council. This unintentionally resulted in conditions left in the zoning ordinance that no longer apply.
The practice of conditioning land use and zoning was necessary, and often common practice, under previous growth management regulations. With changes to the growth management regulations, Wellington’s current practice is to place conditions of approval only on master plans and not establish site-specific land use and/or zoning designation conditions of approval. As previously approved land use and zoning development orders are modified, the approvals are “cleaned up”, removing any previously conditioned land uses/zoning. The Wellington Green Master Plan (Resolution No. R2017-10) conditions of approval are the appropriate regulations for development and location of uses. There is no need or requirement to have the same conditions on the related land use/zoning ordinance.
SUMMARY: The Findings of Facts are provided in the Planning and Zoning Division staff report that supports Ordinance No. 2024-20 to delete the zoning conditions of approval as approved by PBC Resolution No. R96-1195 for the Wellington Green project, as this will correct the inconsistencies with conditions between development orders and ensure that new inconsistencies are not created in the future.