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ITEM: ORDINANCE NO. 2025-11 (AMENDMENT TO WELLINGTON GREEN LAND USE ORDINANCE)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING A DEVELOPMENT ORDER AMENDMENT TO MODIFY THE LAND USE 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 FUTURE LAND USE MAP (FLUM) OF THE COMPREHENSIVE PLAN 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
EXPLANATION: This amendment is to delete the original conditions of approval that were included with the land use for the Wellington Green project, as adopted by Palm Beach County (PBC) (Ordinance No. 96-26/Staff Report Exhibit A), which is included in the current approved Wellington Green Master Plan.
The Wellington Green land use approval includes conditions of approval (Ordinance No. 96-26/Staff Report Exhibit A) 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 C). The Wellington Green land use included conditions of approval for the underlying land uses with minimum and maximum acreage thresholds. These conditions of approval were repeated on the other development orders for the Wellington Green project. Over the years, the conditions have been amended on the Wellington Green Master Plan, but the conditions were never changed on the land use approval (Ordinance No. 96-26) or the Rezoning approval (Ordinance No. 96-1195). The development orders for Wellington Green now have inconsistent language for the same conditions.
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 (except when conditioned by Wellington’s Council). 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. Also, we are currently processing a cleanup amendment to delete the conditions from the Wellington Green zoning approval.
SUMMARY: The Findings of Fact are provided in the Planning and Zoning Division staff report and support Ordinance No. 2025-11, deleting the land use conditions 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.