palm beach county · · 2005-08-31palm beach county planning, zoning and building department ......

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: DOA/PDD/W2005-475 Control No.: 1974-081 Applicant: Minto Communities, Inc. Owners: Palm Beach County Agent: Minto Communities Inc. Telephone No.: (954) 973-4490 Project Manager: Linda Mia Franco, Planner II ______________________________________________________________________ Location: Approximately 1960 feet west of SR7, north side of Okeechobee Boulevard (Minto Okeechobee PUD). ______________________________________________________________________ Request: Substantial Deviation Determination. Title: Resolution approving a Development Order Amendment application of Minto Communities, Inc. Request: To modify/delete conditions of approval and to modify the master plan(s). Title: Resolution approving an Official Zoning Map Amendment to a Planned Development District application of Minto Communities, Inc. Request: Rezoning from Single Family Residential (RS) Zoning District to the Residential Planned Unit Development (PUD) District. Title: Resolution approving a Waiver application of Minto Communities, Inc. Request: To allow deviation from cul-de-sac and dead-end restrictions. ______________________________________________________________________ PETITION SUMMARY: Proposed is the rezoning of 250.51 acres of land from the Single Family Residential (RS) Zoning District to the Residential Planned Unit Development (PUD) District to allow for the development of 443 single-family dwelling units. The subject property is part of a 938 acre-Fox Development of Regional Impact (DRI), which was approved by the Board of County Commissioners in July 1974, for mixed commercial and residential uses. The DRI is located on the north and south sides of Okeechobee Boulevard. The proposed site plan indicates 397 detached single-family and 46 zero lot line homes, for a total of 443 dwelling units; a 5-acre recreation area; 6 lakes totaling 50.65 acres; a 5-acre public civic parcel along the frontage of Okeechobee Boulevard; and multiple open space areas including 75-foot landscape buffers throughout the permimeter of the site, totaling 37.89 acres. Access to the site will be from Okeechobee Boulevard and Persimmon Boulevard. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined that the request is consistent with the parcel's proposed Low Residential 2 (LR-2) Future Land Use designation and density provisions of the Palm Beach County Comprehensive Plan. The site is the subject of a concurrent Large Scale FLU Amendment, Round 05-Minto, to change the FLU from Conservation to Low Residential 2 (LR-2). The Land Use Advisory Board (LUAB) recommended approval on May 13, 2005 and the BCC transmitted the amendment with one condition limiting development to 443 units on May 26, 2005. ZC September 1, 2005 Page Application No. DOA/PDD/W2005-475 BCC District 6 Control No. 1974-081

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The LR-2 land use designation allows the following maximum number of units: 250.51 ac x 2 du/ac = 501 units maximum with a PUD The request for a total of 443 units is consistent with the BCC condition limiting development to 443 units, provided the site also complies with PUD and exemplary design standards. TIER: The subject property is in the Urban/Suburban Tier. o Substantial Deviation Determination The Treasure Coast Regional Planning Council (TCRPC) indicated in their letter dated April 15, 2005, (see Exhibit E) that they have reviewed the Notification of Proposed Change (NOPC) for the project with the request to amend the Development Order and the Master Plan, and has determined that the proposed change will not create any additional regional impacts on regional resources and facilities in the area. However, on April 27, 2005, TCRPC sent another letter (Exhibit E1) indicating that the Florida Department of Transportation (FDOT) has the following concerns; therefore cannot take action on this item until said FDOT comments have been addressed by the applicant:

1. Exhibit 3 in the NOPC, which illustrates the location of the lands to be exchanged, does not correspond to the exchanged areas depicted in Exhibits 6 and 7. The applicant should rectify the inconsistency.

2. Resolution R-94-1465 specifically indicates the pods 1, 2, and 3, which are

located south of Okeechobee Boulevard, are allowed to develop a maximum of 900 residential units, unless the Palm Beach County School Board acquired these pods for a school site. In this case, the school Board has acquired pods 1 and 2 to build a high school, thus eliminating 686 residential units in these two pods and leaving 232 residential units allowed to be built (which the applicant has already built). Allowing an additional 443 residential units in the proposed Minto site, which is located north of Okeechobee Boulevard, may result in un-reviewed traffic impacts into the external roadway system. At a minimum, the applicant should provide the following information:

• A project trip generation for both AM and PM peak hours. • A figure showing the project traffic (turning movements) during both AM

and PM peak hours at all project driveways. • Operational analyses (both AM and PM peak hours) for all project

driveways and the intersection of Okeechobee Boulevard and State Road 7.

In conclusion, the FDOT recommends that the applicant address their comments before they find this NOPC sufficient. The applicant is required to contact FDOT and TCRPC prior to the hearing to verify that the NOPC will not constitute a substantial deviation to the existing Fox Property Development of Regional Impact (DRI). o Compatibility with Surrounding Land Uses To the north is a preservation area, Cypress Pond (Resolution R-74-699, Control Number 74-81), with a Conservation Future Land Use designation. To the south of the site is the Palm Beach County High School (Resolution R-94-487, Control Number 74-81) of the Fox DRI. To the east of the site is the North MUPD of the Fox DRI, with retail and restaurant uses (Resolutions R-97-143, R-97-144and R-2004-968). To the west of the site is La Mancha Subdivision with residential uses, within the municipal boundary of the City of Royal Palm Beach and a partial open space on the northwest corner of the subject site that will remain part of the Cypress Pond preservation area. Subject to the existing and recommended conditions of approval, staff does not anticipate any negative impact to the surrounding land uses. ZC September 1, 2005 Page Application No. DOA/PDD/W2005-475 BCC District 6 Control No. 1974-081

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o Traffic The Engineering Department estimates that the total number of traffic trips generated by the proposed Planned Unit Development is anticipated to be 4,430 trips per day. This does not however represent an increase in traffic onto the surrounding roadway traffic from the overall DRI. Dwelling units for the DRI has been previously approved. This approval will relocate units within the Fox DRI to this specific location. o Waiver: Deviation from Cul-de-sac and Dead-end Restrictions Pursuant to the Planned Development District (PDD) Performance Standards of ULDC Article 3.E.1.C.2.a.5), no more than 25 percent of the local streets in a PDD shall terminate in a cul-de-sac or a dead-end unless waived by the BCC. The proposed site plan indicates that 9 (or 100%) of the proposed 9 streets within the development will terminate in a cul-de-sac or dead end. The applicant is requesting that the BCC waive this limitation in order to accommodate the proposed site design. Due to the following site constraints; the site itself is isolated and self-contained, given that it is surrounded by Okeechobee boulevard and the Persimmon Boulevard South Extension, along with a large lake that cuts this site off from the commercial use to the southeast; coupled with the need for lake area for flood protection and the required preservation areas. Consequently, the use of cul-de-sacs is appropriate for this development given the site limitations. Staff has no objection to the request, in light of the proposed design for the development; and since the efficiency, safety and function of the internal circulation program is not compromised by the proposal. o Landscape/Buffering The current ULDC, Article 7.F requires a landscape buffer ranging from a 5-foot compatibility landscape buffer on the west side of property line; a 15-foot incompatibility buffer in areas abutting commercial and civic uses and a 20-foot right-of way buffer along the Okeechobee Boulevard frontage. However, the proposed site plan indicates a 75-foot combination landscape/berm buffer along the entire boundary of the development (except for the civic site and a small area along the lake on the east), which exceeds ULDC code requirements and will minimize the impacts of the project from the existing residential development (La Mancha) to the west and surrounding areas. o Project History

The Fox DRI was originally approved in 1974. Nineteen years of litigation followed. The litigation was resolved in a Settlement Agreement approved by the Florida Land and Water Adjudicatory Commission on August 12, 1993, which resulted in a replacement DRI development order. Under this Development Order (DO), the subject property was approved for approximately 1,166 units and part of a golf course. The County acquired the subject property as part of a larger acquisition within the Fox DRI. The County then amended the Fox DRI Master Plan to show the subject property as part of a County Preservation Area. This approval occurred on October 25, 1994, through adoption of Resolution No. R-94-1465. Petition DRI 1974-03 – Resolution R-74-700 approving the DRI on July 25, 1974. Petition 1974-81 – The project was approved by the Board of County Commissioners for a rezoning request from AR to RS with a Special exception to allow a Planned Unit Development and a 400 bed CLF on July 25, 1974 via Resolution R-74-699. Settlement Agreement – Case No. 77-0846 was entered into by, Treasure Coast Regional Planning Council (TCRPC), Fox Property Venture, Florida Department of Community Affairs (DCA), Palm Beach County, and the Mid-County Property Owners Association in March 1993. This settlement agreement brought to an end the long- standing litigation that resulted from the original 1974 approval. Exhibit “B” to this settlement agreement, is an amendment and restatement of

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Resolution R-74-700. As a result of the settlement agreement, portion of the site was given to the County for wetlands, and the owner was able to build on the remainder of the site. Settlement Agreement provided for maximum building square footage for a mix of commercial and residential uses such as retail, a CLF, and professional offices. Palm Beach County’s Traffic Performance Standards Ordinance allows for required Developer roadway improvements to meet Test 1, and to be funded at the discretion of the County Engineer. These funds shall then be used for Roadway Improvements being constructed by the County. Although these improvements are not required to meet Test One, Palm Beach County Engineering policy has also provided for onsite developer roadway improvements to also be incorporated into County road program improvements. Petition DOA 1974-81A – The first amendment was adopted by Palm Beach County on April 28, 1994, and was memorialized by Resolution No. R-94-487. The amendment re-designated Parcels 1 and 2 to civic use to allow for a school, added additional access points for the school, decreased the total number of units by 668 through the elimination of the units on Parcels 1 and 2, and eliminated a marginal access road on the south side of Okeechobee Boulevard. Petition 1974-81 (no letter indicated) - The second amendment was adopted by Palm Beach County on October 25, 1994, and was memorialized by Resolution No. R-94-1465. The resolution adopted the "First Modification of Amended and Restated Development Order for the Fox Property Development of Regional Impact". As a result of Palm Beach County’s purchase of approximately 939 acres of land north of Okeechobee Boulevard, the master plan was amended to eliminate the development of 3,100 units on this land. Also, up to 150,000 square feet of commercial use was transferred from the north side of Okeechobee Boulevard to the south side of Okeechobee Boulevard. Various sections of the Development Order were also amended to reflect the reduced scope of development and modified master plan. Petition 1974-81B – withdrawn. Petition 1974-81C – withdrawn. Petition 1974-81D – The DOA is for the rezoning of the Fox Property Development of Regional Impact (DRI) in accordance with Settlement Agreement Case # 77-0846 March 1993. Development of the site consists of a community shopping center on the north side of Okeechobee Boulevard with four outparcels. On the south side of Okeechobee Boulevard, the project consists of a 232 multifamily residential development, five outparcels, and a 400 resident CLF/nursing home OR a 150,000 square foot commercial development. The DOA request was approved by the BCC on January 6, 1997 via Resolution R97-143 (Conservation Tract); R97-144 (North MUPD); R97-145 (south MUPD); R97-146 (residential); and a corrective resoR-98-1799 to correct R97-145 for Condition C.1 (building and site design) on January 30, 1997. Conditions under R-74-699 were repealed under Petition 1974-81(D). Petition 1974-81E – The third amendment was adopted by Palm Beach County on June 25, 2001, and was memorialized by Resolution No. R-2001-0975. The resolution approved the addition of an access point on the west side of State Road 7 south of Okeechobee Boulevard.

Petition 1974-81F - (Fox DRI North MUPD) The fourth amendment was adopted by Palm Beach County on June 22, 2004, and was memorialized by Resolution No. R-2004-0968. The amendment modified a transportation condition of approval contained in Exhibit K to the Development Order (Resolution No. R-94-1465).


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Petition DOA 2004-230 – (Fox DRI South MUPD) The fifth amendment was adopted by Palm Beach County on October 28, 2004, and was memorialized by Resolution No. R-2004-2277. The amendment modified a condition of approval regulating permitted uses on Parcel 4.

o Signs The applicant is proposing a total of 7 freestanding monument type signs with at 8-feet in height with a total of 60 square feet of sign face area per side. 4 signs are located on the south property line (2 are located at the entrance to the subject site), along Okeechobee Boulevard; 1 is located at the site’s southwest corner property line; and 2 signs are located on the Persimmon Boulevard entrance to the site. o Exemplary Projects Pursuant to ULDC Article 3.E.2.A.4, the rezoning of property to the PUD district shall only be granted for projects that exceed the minimum ULDC requirements for a Planned Development District. The proposed Site Plan provides the following features to achieve the PUD exemplary design objectives:

• Curvilinear roadways to offer a varied streetscape and interrupt line-of-sight;

• Decorative paving treatment at the site’s two entrances on Okeechobee Road and Persimmon Boulevard and cross walks at all intersections;

• The ULDC requirements for a recreation area for 443 units is 2.66 acres, they are providing 5 acres, which exceeds ULDC requirements;

• An interconnected pedestrian pathway system utilizing meandering pedestrian pathways within the open spaces;

• Landscape focal points within the cul-de-sacs • Six neighborhood parks have been provided, three in each pod. All will

have at least one recreational amenity, including, but not limited to, a gazebo, fitness station, seating area, vita course facility, covered seating area or tot lot. Additional amenities, including benches and a vita trail, will be provided throughout the linear open space areas; and,

• The project exceeds the open space requirements of the code. There is a 75-foot wide buffer provided, which is over three times as large as required by the code.

To further the PUD exemplary design objective, staff is recommending that the following elements be incorporated into the final site design and development:

• Fountains as focal features within the site’s lakes (Planned Unit Development Condition 5)

o Development Order Amendment – Changed Circumstances The applicant stated in the justification statement that Minto Communities, Inc. (Minto) owns approximately 613.5 acres of land located immediately north of the Fox DRI, known as Section 1. The land is designated Low Residential 1(LR-1) and Conservation on the County’s Future Land Use Map. Minto has a pending zoning application for approval for 443 units on the portion of Section 1 that is designated LR-1. However, the County has determined that the land in Section 1 has far greater environmental value than the land in the south end of the Palm Beach County Preservation Area within the Fox DRI. In order to preserve the more desirable land, Palm Beach County and Minto have agreed to swap the 613.5 acres of high quality wetlands in Section 1 for this greatly impacted 250.5-acre site within the Fox DRI (Project Site). In addition, due to the size of the parcel, it exceeds the threshold of a Planned Unit Development. Therefore, requires the rezoning of the property to a Planned Development District. ______________________________________________________________________


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TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-41-43-13-00-000-1020 00-41-43-24-00-000-1000

Same

Land Use Designation:

Conservation (CON) Low Residential 2 (LR-2)

Zoning District: Single-Family Residential District (RS)

Planned Unit Development (PUD)

Tier: Urban/Suburban Same Use: Vacant

Government Services Recreation Single-Family Zero Lot Line

Acreage: 652.25 acres (Overall acreage of DRI)

250.51 acres

Dwelling Units: None 443 Density: None 1.77 du/ac Parking: None None spaces Access: None Okeechobee Boulevard (1)

and Persimmon Boulevard extension (1)

CODE ENFORCEMENT: N/A ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 1 letter in support and 1 letter in opposition from the public with concerns for noise and security and a need for a walkway on Okeechobee Boulevard to State Road 7/US441. ______________________________________________________________________ RECOMMENDATION: Staff recommends approval of the request, subject to 18 conditions of approval as contained in Exhibit C (DRI) and 35 conditions of approval as contained in Exhibit C-1. ______________________________________________________________________ MOTION: The request is not a Substantial Deviation.

MOTION: To recommend approval of the request for a Development Order Amendment to modify/delete conditions of approval and to modify the master plan.

MOTION: To recommend approval of an Official Zoning Map Amendment from the Single Family Residential Zoning District to the Residential Planned Unit Development District.

MOTION: To recommend approval of a Waiver to allow deviation from cul-de-sac and dead-end restrictions.


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AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT


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ZC Application No. DOA/PDD/W200Control No. 1974-081 Project No.

MASTER PLAN FOR PARCEL 6

DATED AUGUST 19,2005

September 1, 2005 Page 5-475 BCC District 6

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SITE PLAN FOR PARCEL 6 DATED AUGUST 19, 2005


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ZC September 1, 2005 Page Application No. DOA/PDD/W2005-475 BCC District 6 Control No. 1974-081 Project No.

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REGULATING PLAN DATED AUGUST 19, 2005


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351



352


MASTER PLAN DRI DATED FEBRUARY 2005

(August 18, 2005) EXHIBIT C OF SETTLEMENT AGREEMENT

NO 77-0846 FINAL ORDER NO LW-93-037


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STAFF REVIEW AND ANALYSIS

PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Current - Conservation (CON) Proposed - Low Residential 2 (LR-2) CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The site is the subject of a concurrent Large Scale FLU Amendment, Round 05-Minto, to change the FLU from Conservation to Low Residential 2 (LR-2). This 250.51-acre site is a portion of the Fox DRI. The Fox DRI was originally approved in 1974. Nineteen years of litigation followed. The litigation was resolved in a Settlement Agreement approved by the Florida Land and Water Adjudicatory Commission on August 12, 1993, which resulted in a replacement DRI development order. Under this development order, the subject property was approved for approximately 1,166 units and part of a golf course. The County acquired the subject property as part of a larger acquisition within the Fox DRI. The County then amended the Fox DRI Master Plan to show the subject property as part of a County Preservation Area. This approval occurred on October 25, 1994, through adoption of Resolution No. R-94-1465. The property was part of a comprehensive plan amendment adopted on December 2, 1996. Ordinance No. 96-49 changed the property's land use designation to Conservation. The Land Use Advisory Board (LUAB) recommended approval on May 13, 2005 and the BCC transmitted the amendment with one condition limiting development to 443 units on May 26, 2005. The Planning Division has reviewed the request for a rezoning from the Residential Single Family (RS) Zoning District to the Residential Planned Unit Development (PUD) Zoning District and determined the development proposal is appropriate for this parcel's proposed LR-2 FLU designation. The LR-2 land use designation allows the following maximum number of units: 250.51 ac x 2 du/ac = 501 units maximum with a PUD The request for a total of 443 units is consistent with the BCC condition limiting development to 443 units, provided the site also complies with PUD and exemplary design standards. Therefore, the applicant's request is consistent with the density thresholds of the Comprehensive Plan. The Zoning Division will address the project's compliance with exemplary design standards for a PUD. The site was also reviewed for consistency with policies in the Comprehensive Plan that encourage vehicular and pedestrian interconnectivity both within and between sites and discourage the use of “loop roads” or dead end streets in favor of through streets including Future Land Use Element (FLUE) Policy 4.3-g, Transportation Element (TE) Policy 1.4-g, TE Policy 1.4-h, TE Policy 1.4-i, TE Policy 1.9-j, and TE Policy 1.9-l. Prior to Development Review Officer (DRO) certification of the master plan, and in order to further the above policies, there were opportunities to eliminate cul-de-sacs. However, the applicant opted not to redesign the site to eliminate cul-de-sacs and is seeking a waiver from ULDC requirements. In addition, FLUE Policy 4.3-i promotes pedestrian oriented” site design by specifying placement and promoting effective use of open space and establishing pedestrian system linkages. In order to further the above policy and promote the concept of pedestrian oriented” site design such as providing pedestrian accessibility to amenities, prior to site plan certification, Staff met with the applicant and requested that the applicant consider making possible design alterations to the project such as: providing pathways around the lake areas, providing pedestrian connections to the lake areas, and consolidate open space tracts. After meeting with Staff, the applicant provided pathways around the recreation along the lake, consolidated open space tracts and included a pedestrian pathway and pedestrian amenities such as a vita trail”. TIER: The subject property is in the Urban/Suburban Tier.


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FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile and within the future annexation area of the City of West Palm Beach and Village of Royal Palm Beach. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the parcel's proposed LR-2 land use designation and density provisions of the Palm Beach County Comprehensive Plan. ______________________________________________________________________ ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 4,430 trips/day. This does not however represent an increase in traffic onto the surrounding roadway traffic from the overall DRI. Dwelling units for the DRI has been previously approved. This approval will relocate units within the Fox DRI to this specific location.

TRAFFIC: Okeechobee Boulevard SEGMENT: Project Entrance to SR 7 PRESENT: 61,611 HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: No increase in traffic from the originally

approved DRI TOTAL: 61,611 PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 49,200 PRESENT LANEAGE: 6 Lane

______________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT: WATER. Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. SEWER. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently unimproved and contains invasive non-native vegetation and some native vegetation. WELLFIELD PROTECTION ZONE: The property is not located within 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.


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______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: The Palm Beach County School District has reviewed the request for an Exemption for 443 single-family residential units. The exemption is approved (Concurrency Case #05060701E) based on the County's determination that the Fox DRI approval (74-081), issued prior to the implementation of school concurrency, is still valid. The exemption approval is accompanied by a condition stating the amount the applicant will pay to the School Board in order to mitigate the impacts the proposed development will create on Crestwood Middle School. The school serving the development is currently operating at 118%, which exceeds the established level of service for school concurrency. A Condition is recommended by the School Board requiring the property owner to pay a sum of $153,327.00 to the Palm Beach County School Board, in order to mitigate the student impact to area schools near the proposed development and will pay for a modular classroom as well as a covered walkway connecting the modular classroom to the school facility. The Conceptual Site Plan (dated 6/13/05) shows a bus shelter location. A bus shelter condition of approval has been applied to this application request. PARKS AND RECREATION: Based on the proposed 443 dwelling units, 2.66 acres of on site recreation is required. The plan submitted indicates there will be 5.00 acres of recreation provided, therefore, the Parks and Recreation Department standards have been addressed. CONCURRENCY: Concurrency is reserved only for the 443 single-family residential units, which are proposed for the Minto Okeechobee PUD on Parcel 6 of the DRI. WATER/SEWER PROVIDER: Royal Palm Beach FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). _____________________________________________________________________ DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 250.51-acre site with an average width of 2,772 feet and an average depth of 3,515 feet. The site is currently a preservation area. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Conservation (CON)

Zoning District: Single-Family Residential District (RS) Supporting: Cypress Pond (Preservation)

Petition 74-81 SOUTH: Comprehensive Plan: Public Ownership (PO)

Zoning District: Public Ownership (PO) Supporting: Palm Beach High School

EAST: Comprehensive Plan: Conservation (CON) /Commercial High (CH)

Zoning District: Preservation/Conservation (PC) Supporting: Lake water management tract/ Fox DRI North

MUPD Petition 74-81(D), Resolutions R-97-143, R-97-144


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WEST: Comprehensive Plan: City of Royal Palm Beach

Zoning District: City of Royal Palm Beach Supporting: Residential (La Mancha Subdivision)

ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC) and by conditions of approval, a final site plan approval by the Development Review Officer (DRO) shall be required. The DRO review will ensure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC.

FINDINGS: 1. Consistent with Plan. A pending Comprehensive Plan Amendment will change

the Project Site’s Future Land Use designation to from CON to LR-2. Contingent upon the BCC approval of this Amendment, the request will be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use;

2. Consistent with Code. The request complies with all relevant and appropriate

portions of Article 3 of the Code; 3. Compatibility with Surrounding Uses. Subject to conditions of approval, the

request is compatible with the uses and character of the land surrounding and in the vicinity of the land proposed for development.

4. Design minimizes environmental impact. The natural environment will greatly

benefit from this development. As a result of the Section 1 land exchange, the County will be acquiring 613 acres of higher quality environmental land for 250.5 acres of land that has been heavily impacted by Melaleuca and will be cut off from the remaining preservation area (Cypress Pond) within the Fox DRI by the Persimmon Boulevard South Extension.

5. Development patterns. The proposed development will result in logical, timely

and orderly development patterns. The current development pattern in this portion of the County is mainly residential uses.

6. Consistency with Neighborhood Plan. N/A. 7. Adequate public facilities. The proposed rezoning complies with Article 2.F. of

the ULDC, Concurrency (Adequate Public Facilities

8. Changed Circumstances. The applicant indicates that because of the size of the parcel, the ULDC requires that the property be rezoned to a Planned Development District. In addition, the County is in the process of constructing the Persimmon Boulevard South Extension, which is the northern boundary of the site, and will separate the site from the remaining Preservation Area within the Fox DRI. Another changed condition is the opportunity for the County to acquire 613 acres of high quality wetlands in Section 1 for this greatly impacted 250.5-acre site within the Fox DRI.

______________________________________________________________________ EXHIBITS

Exhibit A: Legal Description (NA - attached to resolution)

Exhibit B: Vicinity Sketch

Exhibit C: Conditions of Approval (DRI)

Exhibit C-1: Conditions of Approval for Parcel 6 only (Local Government)


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Exhibit D: Accident History Report Exhibit E: Letter from Treasure Coast Regional Planning Council dated April

15, 2005. Exhibit E-1: Letter from Treasure Coast Regional Planning Council dated April

27, 2005. Exhibit E-2 Letter from Florida Department of Transportation dated March 29,

2005.


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EXHIBIT C

CONDITIONS OF APPROVAL (DRI) ALL PETITIONS

1. All previous conditions of approval contained in Resolution R-1994-1465 (Control No. 1978-041), unless expressly modified herein, shall remain in full force and effect. (ONGOING: MONITORING-Zoning)

2. The approved master plan for the overall Fox DRI is Exhibit C of

Settlement Agreement No. 77-0846, Final Order No. LW-93-037. All modifications must be approved by the Board of County Commissioners unless the proposed changes are in accordance with the ULDC or Settlement Agreement No. 77-0846. (ONGOING:ZONING-Zoning)

EXHIBIT "A" TO RESOLUTION NO. R-94- l465

FIRST MODIFICATION OF AMENDED AND RESTATED DEVELOPMENT ORDER FOR THE FOX PROPERTY

DEVELOPMENT OF REGIONAL IMPACT

SECTION 1. MODIFICATION OF AMENDED AND RESTATED DEVELOPMENT ORDER.

The Amended and Restated Development Order (the ”Development Order”) which was adopted by and through the Final Order entered by the Florida Land and Water Adjudicatory Commission on August 15, 1993 for the Fox Property Development of Regional Impact (the "Fox DRI") is hereby modified. SECTION 2. MODIFIED CONDITIONS OF APPROVAL OF THE DEVELOPMENT ORDER

Approval of this modification of Development Order is expressly conditioned upon compliance with, and satisfaction of, the following conditions of approval:

1. All previous conditions of approval, unless expressly modified herein, shall continue in effect.

2. Exhibit “A” SECTION 2.2.Section 4 to Resolution R-94-1465., Control

Number 1974-081, which currently states:

Section 4 of the Development Order is hereby amended to read as follows:

DEVELOPMENT PLAN

The Fox Property shall be developed in accordance with this Development Order (the "Project") including the revised master land use plan, having a revision date of October 1994 and attached hereto as Exhibit "C” (“October 1994 Master Land Use Plan") which Exhibit "C” shall reflect that the maximum amounts of development for the Fox Property are as follows: (i) Geriatric Center with a total of 400 nursing home beds and/or congregate living facility equivalents, (ii) retail/office uses up to a total of 328,000 gross square feet, except that the gross square footage of office use within the total of 328,000 square feet shall not exceed 75,000 square feet, and (iii) residential dwelling units, which shall be 900 units located in pods 1, 2 and 3, however pods 1, 2 and 3 (or portions thereof) as shown on the October 1994 Master Land Use Plan may alternatively be individually or collectively utilized for a school site if acquired by the Palm

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Beach County School Board in which event the residential units shown on the October 1994 Master Land Use Plan for said pods or portion thereof shall be eliminated from the development of the remaining Fox Property. Is hereby amended to read:

SECTION 4. DEVELOPMENT PLAN The Fox Property shall be developed in accordance with this Development Order (the "Project") including the revised Master Land Use plan, having a revision date of February 2005 and attached hereto as Exhibit "C” (February2005 Master Land Use Plan") which Exhibit "C” shall reflect that the maximum amounts of development for the Fox Property are as follows: (i) Geriatric Center with a total of 400 nursing home beds and/or congregate living facility equivalents, (ii) retail/office uses up to a total of 328,000 gross square feet, except that the gross square footage of office use within the total of 328,000 square feet shall not exceed 75,000 square feet, and (iii) residential dwelling units and ancillary civic uses- which shall be 232 units located in pod 3 and 443 units in parcel 6; however pod 3 (or portions thereof) as shown on the February 2005 Master Land Use Plan may alternatively be utilized for a school site if acquired by the Palm Beach County School Board in which event the residential units shown on the February 2005 Master Land Use Plan for said pods or portion thereof shall be eliminated from the development of the remaining Fox Property.

3. Section S(1)A. (ii) of the Development Order is hereby amended by

inserting the words "as modified" after the words "Development Order" in the seventh (7th) line.

4. Section 10.a. of the Development Order is hereby amended by adding the

following at the beginning of said subsection:

The Developer and the County recognize that the surface water management plan annexed to the Development Order as Exhibit H is no longer appropriate to the modified scope of development as described in the October 1994 Master Land Use Plan. Developer shall prepare a revised Exhibit H for approval by the County. Notwithstanding the approval process, however, the County hereby agrees that stormwater drainage for the property retained by developer may flow into a retention/detention pond proximate to the shopping center site, as more particularly shown on the October 1994 Master Land Use Plan, and that, from that pond, developer may discharge stormwater on, over or through that portion of the Fox Property being acquired by the County by purchase or dedication.

5. From and after the effective date hereof, all references .in the

Development Order to "Exhibit H” are amended to read "Exhibit H as revised".

6. From and after the effective date hereof, all references in the

Development Order to "Master Land Use Plan" shall mean and refer to "October 1994 Master Land Use Plan."

7. Section 6 of the Development Order is hereby deleted.

[DELETED in Resolution R-1994-1465]

8. Section 9.b. of the Development Order is hereby deleted. [DELETED in Resolution R-1994-1465]


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9. Sections 10.a.2 through 10.a.6 of the Development Order are hereby deleted. [DELETED in Resolution R-1994-1465]

10. Section 17 of the Development Order is hereby deleted. [DELETED in Resolution R-1994-1465]

11. Exhibit “A” SECTION 2.11.Subsection 18.b) to Resolution R-94-1465.,

Control Number 1974-081, which currently states:

Subsection 18.b) of the Development Order is hereby amended to read as follows:

The maximum amount of development, which can occur does not exceed any of the thresholds indicated for any of the land use categories set forth below:

(i) Geriatric Center - a total of 400 nursing home beds and/or

congregate living facility equivalents; and (ii) Retail/Office Uses - 328,000 gross sq. ft., except that the gross

square footage of office use within the total of 328,000 sq. ft. shall not exceed 75,000 square feet; and

(iii) Residential Units - which shall be 900 units located in pods 1, 2 and

3, however pods 1, 2 and 3 (or portions thereof) as shown on the October 1994 Master Land Use Plan may, alternatively, be individually or collectively utilized for a school site if acquired by the Palm Beach County School Board in which event the residential units shown on the October 1994 Master Land Use Plan for said pods or portion thereof shall be eliminated from the development of the remaining Fox Property; and

Is hereby amended to read:

Subsection 18 b) SECTION 18 TRANSPORTATION The maximum amount of development, which can occur does not exceed any of the thresholds indicated for any of the land use categories set forth below:

(ii) Geriatric Center - a total of 400 nursing home beds and/or

congregate living facility equivalents; and (ii) Retail/Office Uses - 328,000 gross sq. ft., except that the gross

square footage of office use within the total of 328,000 sq. ft. shall not exceed 75,000 square feet; and

(iii) Residential Units and ancillary civic uses - which shall be 232 units

located in pod 3 and 443 units in parcel 6; however pod 3 (or portions thereof) as shown on the February 2005 Master Land Use Plan may, alternatively, be utilized for a school site if acquired by the Palm Beach County School Board in which event the residential units shown on the February 2005 Master Land Use Plan for said pods or portion thereof shall be eliminated from the development of the remaining Fox Property; and


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12. Sections 19, 23 and 34 of the Development Order are hereby deleted. Exhibit “A” SECTION 3: OCTOBER 1994 MASTER LAND USE PLAN to Resolution R-94-1465., Control Number 1974-081, which currently states: SECTION 3: OCTOBER 1994 MASTER LAND USE PLAN

The October 1994 Master Land Use Plan which is attached hereto as Attachment I shall replace and be in full substitution of Exhibit "C" of the Amended and Restated Development Order. Is hereby amended to read:

SECTION 3: FEBRUARY 2005 MASTER LAND USE PLAN

The February 2005 Master Land Use Plan (dated August 19, 2005), which is attached hereto as Attachment I, shall replace and be in full substitution of the October 1994 Master Land Use Plan, which was adopted as Attachment I of Resolution No. R-94-1465.

SECTION 4: REVISED PALM BEACH COUNTY TRANSPORTATION CONDITIONS, IMPROVEMENTS AND DEDICATIONS The Revised Palm Beach County Transportation Conditions, Improvements and Dedications, which is attached hereto as Attachment II shall replace and be in full substitution of Exhibit “K” of the Amended and Restated Development Order. SECTION 5. EFFECTIVE DATE

This modification of Development Order shall become effective upon adoption.


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EXHIBIT C-1

CONDITIONS OF APPROVAL FOR PARCEL 6 ONLY

ALL PETITIONS

1. Development of Parcel 6 of the Fox DRI is limited to the uses and general

site design indicated on the master plan approved by the Board of County Commissioners. The approved master plan is dated August 19, 2005. All modifications must be approved by the Board of County Commissioners unless the proposed changes are in accordance with the ULDC or Settlement Agreement No. 77-0846. (ONGOING: ZONING-Zoning)

ENGINEERING

1. Prior to the issuance of the first building permit the property owner shall

fund the cost of signal modifications at the intersection of Okeechobee Boulevard and the Project Entrance Road. Signalization shall be a mast arm structure installation. Funding shall be provided in an amount determined by the Director of the Traffic Division for the modification of this signal. (BLDG PERMIT:MONITORING-Eng).

2. ROAD CONSTRUCTION IMPROVEMENTS

The property owner shall fund the construction of turn lane improvements on Persimmon Blvd. Extension at the Projects Entrance: a) left turn lane east approach b) right turn lane west approach

All funding for this construction shall be completed prior to July 1, 2006. Any and all costs associated with this construction shall be paid by the property owner. Palm Beach County shall then be responsible for the construction of these onsite turn lanes.

3. ROAD DRAINAGE EASEMENT

- On or before February 1, 2006, the property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of: - Persimmon Boulevard - Okeechobee Boulevard along the property frontage; and up to a maximum of an additional 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention, Compensating storage within this projects retention system as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by


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the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (DATE:MONITORING-Eng)

4. LANDSCAPE WITHIN THE MEDIAN OF OKEECHOBEE BOULEVARD The property owner shall design, install and perpetually maintain the

median landscaping within the median of all abutting right of way of Okeechobee Boulevard. This landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by property owner shall be perpetually maintained by the property owner, his successors and assigns, without recourse to Palm Beach County, unless the property owner provides payment for maintenance as set forth in Condition 4.d below.

a) The necessary permit(s) for this landscaping and irrigation shall be

applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng)

b) All installation of the landscaping and irrigation shall be completed

prior to the issuance of the first certificate of occupancy. (CO: MONITORING -Eng)

c) At the property owner’s option, when and if the County is ready to

install OTIS on the surrounding medians of this roadway adjacent to the property owner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the property owner. The property owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the property owner. (ONGOING-ENGINEERING)

d) Also, prior to the issuance of a Building Permit, and at the option of

the property owner, the property owner may make a contribution to the County’s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County’s installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project’s front footage along Okeechobee Boulevard. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (ONGOING-ENG-Eng)

5. ADJACENT LAKE DRAINAGE EASEMENT

On or before February 1, 2006, the property owner shall convey to Palm Beach County sufficient drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from the adjacent lake. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot


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drainage easement from the point of origin, to the point of legal positive outfall. Sufficient retention/detention and Compensating storage within this projects retention system shall be provided as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management Distric. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (DATE:MONITORING-Eng)

6. The property owner shall construct at the intersection of Okeechobee

Boulevard and the Project entrance road: a. Extend the existing left turn lane west approach a minimum of 280

feet in length plus a 50 foot paved taper. b. Right turn lane east approach This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with this construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and dedication of any additional required right-of-way. 1) Permits required by Palm Beach County for the construction in a.

and b. shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: MONITORING-Eng)

2) Construction for the improvements in a. and b. shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING Eng)

HEALTH

1. The property owner shall utilize Best Management Practices to minimize breeding of mosquitoes in the surface water management system. Management of the system shall include control methods that minimize the need for aerial spraying and reduce potential impacts of mosquito control activities on the surrounding natural areas. (ONGOING: HEALTH-ERM/Health)

2. Prior to the issuance of the first building permit, the property owner shall

submit a detailed written plan acceptable to the Palm Beach County Health Department for the control of fugitive dust particulates on the site during all phases of site development. The property owner or the representative of the property owner shall be available to meet with staff of the Air Pollution Control Section of the Palm Beach County Health Department on request to clarify and discuss the scope and potential effectiveness of the proposed dust control measures. (BLDG PERMIT: MONITORING - HEALTH)

ZONING - LANDSCAPING-STANDARD

1. A minimum of fifty (50) percent of all trees to be planted in the landscape buffers shall meet the following minimum standards at installation:


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a. tree height: Fourteen (14) feet; b. trunk diameter: three and one-half (3.5) inches measured at four

and one-half (4.5) feet above grade; c. canopy diameter: Seven (7) feet diameter shall be determined by

the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and,

d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (BLDG PERMIT: ZONING-Landscape)

2. All palms required to be planted on the property by this approval, except

on individual residential lots, shall meet the following minimum standards at installation:

a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they

meet current ULDC requirements. (BLDG PERMIT: ZONING-Landscape)

3. A group of three (3) or more palms may not supersede the requirement for

a canopy tree in that location, unless specified herein. (BLDG PERMIT: ZONING-Landscape)

4. Field adjustment of berm height and location, and of plant material

locations and spacing may be permitted, subject to approval by the Landscape Section, to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation to remain. (BLDG PERMIT: ZONING-Landscape)

5. Prior to final approval by the Development Review Officer (DRO), all

landscape focal points shall be:

a. subject to review and approval by the Landscape Section; and, b. reflected on the Regulating Plan. (DRO: ZONING-Landscape)

ZONING - LANDSCAPING-ALONG THE SOUTH PROPERTY LINE (ABUTTING OKEECHOBEE BOULEVARD)

1. In addition to the proposed landscaping and buffering program and code requirements, the landscape buffer along the south property line shall be upgraded to include:

a. a minimum of seventy-five (75) foot wide buffer strip; b. a minimum four (4) to six (6) foot high undulating berm with an

average height of five (5) feet; c. one (1) palm or pine for each for each thirty (30) linear feet of the

property line with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning)

d. the quantity of the required shrub materials per ULDC shall be double and shall be planted to meander on each slope of the berm.

e. Prior to the issuance of the first building permit, a landscape plan shall be submitted to the Landscape Section for review and approval. The plan shall be prepared in Compliance to the ULDC and/or to the Conditions of Approval under 1.a through 1.d. and regulating plan. (BLDG PERMIT: ZONING-Landscape)

MASS TRANSIT

1. The location of an easement for a Bus Stop Boarding and Alighting Area, subject to the approval of Palm Tran shall be shown on the Master Plan


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prior to final approval of the Development Review Officer (DRO). The purpose of this easement is for the future construction of mass transit infrastructure in a manner acceptable to Palm Tran. (DRO: PALM TRAN-Palm Tran)

2. Prior to Plat Recordation or issuance of the first Building Permit,

whichever shall first occur, the property owner shall convey and or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran. (PLAT/BLDG PERMIT: MONITORING-Eng)

PLANNED UNIT DEVELOPMENT

1. Prior to the recordation of the first plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following:

a. Formation of a single master” property owner's association,

automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas.

b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents.

c. The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (PLAT: MONITORING-Cty Atty)

2. Prior to the issuance of a Certification of Occupancy (CO) for each

residential unit, the entire driveway surface shall be paved of stamped concrete, brick, precast concrete block, or other decorative material of similar character. (CO: ZONING-Landscape)

3. Prior to final approval by the Development Review Officer (DRO),

architectural elevations for any project signage, gatehouse, school bus shelter, entry feature, and recreation/clubhouse building shall be submitted for review and approval by the Architectural Review Section. All elevations shall be:

a. given a similar architectural treatment that is generally consistent

with the architectural character of the proposed residential units; and,

b. reflected on the Regulating Plan. (DRO: ZONING-Arch Review)

4. Prior to final approval by the Development Review Officer (DRO), the Master/Site Plans shall be amended to indicate a landscape focal point at the terminus of all dead-end streets. Details of each focal point shall be subject to review and approval by the Landscape Section.(DRO: ZONING -Landscape)

5. Prior to final approval by the Development Review Officer (DRO), the

Master/Site Plans shall be amended to indicate a minimum of one (1)


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fountain within any 2 lake tracts. The location of these fountains shall be subject to review and approval by the Zoning Division. (DRO: ZONING - Zoning)

6. Prior to final approval by the Development Review Officer (DRO), the

Master/Site/Regulating Plans shall be amended to indicate a minimum five (5) foot wide paved pathway within each open space and within each recreation area. These pathways shall be connected to the adjacent sidewalk. (DRO: ZONING - Zoning)

7. Prior to the issuance of a building permit for the 100th unit, a Certificate of

Occupancy (CO) shall be issued for a clubhouse or similar common building exceeding 2,500 total square feet on the 5-acre recreation parcel. This facility shall be equipped with a generator that complies with the following requirements:

a. a minimum load capacity of .02 kw per building square foot; b. operates essential electrical systems, including A/C systems, for a

minimum of thirty percent (30%) of the gross interior floor area of the building;

c. an aboveground fuel storage system, or an alternative fuel storage system that is acceptable to Palm Beach County, with a minimum capacity that is acceptable to the Building Division shall be located adjacent to the generator;

d. setback in accordance with the Property Development Regulations for a Recreation Pod in accordance with ULDC Table 3.E.2.D-16;

e. screened from view on all sides by an opaque barrier constructed of compatible materials, color and character as the building or equivalent landscaping;

f. subject to review and approval by the Building Division; and, g. deviation from these requirements shall be permitted if consistent

with future ULDC regulations. (BLDG PERMIT: MONITORING - Zoning)

PLANNING

1. The subject site shall be limited to a maximum of 443 dwelling units. (ONGOING: PLANNING-Planning)

PROPERTY & REAL ESTATE MANAGEMENT

1. Platting & Deed. The property owner shall provide Palm Beach County Board of County Commissioners with a Statutory Warranty Deed on a net 5.00 acre public civic site (net usable area minus any buffers), in a location and form acceptable to Facilities, Development & Operations Department (FD&O) by February 1, 2007. Property Owner to plat and dedicate the civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance.

a) Title

The property owner to provide a title policy insuring marketable title to Palm Beach County for the civic site and any easements that service the civic site as required by the County Attorney's office. All title exception documentation to be provided to County. Policy is subject to Property & Real Estate Management Department's (PREM) and County Attorney's approval. The title policy to be insured to Palm Beach County for a dollar value based on current market appraisal of the proposed civic site or the contract purchase price on a per acre basis if the contract purchase was concluded within the previous 24 month period. If an appraisal is required it


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shall be obtained by the Property Owner. The Property Owner shall release the County from all Declarations of Covenants and Conditions of the P.U.D. or other restrictive covenants as they may apply to the civic site.

b) Concurrency

If a County use for the civic site is identified, the property owner shall assign sufficient traffic trip capacity such that the traffic volume associated with the County facility shall be attached to the civic site and recorded on the concurrency reservation. The property owner shall be provided with input as to the size of a structure (and proposed use) which the civic site would support and the corresponding amount of trips. If a County use is not identified, the property owner shall assign sufficient traffic trip capacity equivalent to the density the civic site would support.

c) Taxes

All ad valorem real estate taxes and assessments for the year of acceptance shall be pro-rated to include the day of acceptance.

d) Site condition

Civic site to be free and clear of all trash and debris at the time of acceptance of the Statutory Warranty Deed.

e) Retention and Drainage

The property owner shall provide all retention, detention, and drainage required for any future development of the proposed civic site by the County. The property owner shall specifically address the following issues:

1) The discharge of surface water from the proposed civic site

into the property owner's water retention basins.

2) As easement across the property owner's property from the proposed civic site to the retention basins, if required.

f) On-Site Inspections

By acceptance of these conditions, the property owner agrees to allow the County to perform any on site inspections and testing deemed appropriate to support the acquisition of the civic site.

g) Vegetation Permit

The property owner to perform a tree survey and obtain a vegetation clearing permit. If it is determined by PREM that clearing is not required at time of conveyance, the cost of such clearing shall be paid to the County.

h) Buildable Grade

Prepare civic site to buildable grade under the direction of the Facilities Development & Operations Department. Site shall be stabilized with 1) sod and watered or, 2) seeded, mulched and watered (until seed has established itself) to the satisfaction of Facilities Development and Operations.

i) Water & Sewer

The property owner to provide water and sewer stubbed out to the property line and other required utilities as determined by PREM. (DATE:MONITORING-Prem)


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2. Survey The property owner shall provide the County with a survey certified to Palm Beach County of the proposed civic site by December 1, 2006 . Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria:

a) The survey shall meet Minimum Technical Standards for a

Boundary Survey as prescribed by F.A.C. 21HH.6. b) If this parcel is a portion of Palm Beach Farms, sufficient data to

make a mathematical overlay should be provided. c) The survey should include a location of any proposed water

retention area that will border the civic site. Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site and all title exceptions are to be shown on the survey. (DATE:MONITORING-Prem)

3. Environmental Survey

The property owner shall provide PREM with an Environmental Assessment certified to Palm Beach County of the proposed civic site by December 1, 2006. The minimum assessment which is required is commonly called a “Phase I Audit”. The audit shall describe the environmental conditions of the property and identify the past and current land use.

The assessment will include but not be limited to the following: a) Review of property abstracts for all historical ownership data for

evidence of current and past land use of the proposed civic site. b) Review of local, state, and federal regulatory agency's enforcement

and permitting records for indication of prior groundwater or soil contamination. Also, a review of the neighboring property that borders the proposed civic site will be required. The review shall include, but not be limited to, Palm Beach County Environmental Resources Management Department Records, and Florida Department of Regulation Records.

The assessment shall reflect whether the civic site or any bordering property is on the following lists:

1) EPA's National Priorities list (NPL) 2) Comprehensive Environmental Response Compensation and Liability Act System List (CERCLA) 3) Hazardous Waste Data Management System List (HWDMS).

c) Review of current and historical aerial photographs of the proposed civic site. Provide a recent aerial showing site and surrounding properties.

d) The results of an on-site survey to describe site conditions and to

identify potential area of contamination. e) Review of Wellfield Protection Zone maps to determine if property

is located in a Wellfield Zone.


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f) If the Phase I audit indicates that a Phase II is necessary, then the Property Owner shall be required to provide that audit as well. (DATE:MONITORING-Prem)

4. Cash-Out

The property owner may request to exchange the required on-site dedication of land for cash of equal value or off-site land equal in acreage, however, this option shall be used only upon County approval when the County has established that the cash or offsite land enhances or supports a County property, facility or function in the general vicinity of the PUD. In addition, should the off-site land option be chosen, each PREM condition listed in numbers 1, 2 & 3 above will also apply. If the land off-site is of less cash value than the on-site dedication the property owner shall contribute cash equal to the difference in values. Valuation of the on-site and off-site land shall be subject to the County appraisal process and be at the cost of the property owner or if the property owner is a contract purchaser the per acre value used for the entire PUD may be used to determine the civic site value. If off-site land or cash contribution is accepted by Palm Beach County, the Property Owner shall be deemed to have satisfied the intent of ULDC.

SCHOOL BOARD

1. Prior to the issuance of the first building permit, the property owner shall pay to the Palm Beach County School Board the sum of $153,327.00. The payment to the School Board will mitigate the student impact to area schools near the proposed development and will pay for a modular classroom as well as a covered walkway connecting the modular classroom to the school facility. (BUILDING PERMIT:MONITORING School Board)

2. The property owner shall post a notice of annual boundary school assignments for students from this development. A sign 11” X 17” shall be posted in a clear and visible location in all sales offices and models with the following:

“NOTICE TO PARENTS OF SCHOOL AGE CHILDREN”

School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s). (ONGOING: SCHOOL BOARD)

3. Prior to the issuance of the first Certificate of Occupancy (CO), the school

bus shelter shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board and the County Engineer. Provisions for the bus shelter shall include, at a minimum, a covered area, continuous paved pedestrian and bicycle access from the subject property or use, to the shelter. Maintenance of the bus shelter(s) shall be the responsibility of the residential property owner. (CO: MONITORING SCHOOL BOARD/ENG School Board.)

COMPLIANCE

1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner 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


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Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning)

2. Failure to comply with any of the conditions of approval for the

subjectproperty 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; revocation of any concurrency; and/or

b. The revocation of the Official Map Amendment, Conditional Use,Requested Use, Development Order Amendment, and/or any other zoning approval; and/or

c. A requirement of the development to conform with the standards of the ULDC 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; and/or

d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a 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, and/or other zoning approval, in accordance with the provisions of Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning)


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EXHIBIT D

ACCIDENT HISTORY REPORT


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375


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EXHIBIT E LETTER FROM TREASURE COAST REGIONAL PLANNING COUNCIL

DATED APRIL 15, 2005.


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EXHIBIT E-1 LETTER FROM TREASURE

COAST REGIONAL PLANNING COUNCIL DATED APRIL 27, 2005.


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EXHIBIT E-2

LETTER FROM FLORIDA DEPARTMENT OF TRANSPORTATION

DATED MARCH 29, 2005


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palm beach county · · 2005-08-31palm beach county planning, zoning and building department ......

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