PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA/R Control No.: Applicant: Civic Development Group LLC Owners: Civic Development Group LLC Agent: CMS Engineering, LLC - Pol Africano Telephone No.: (561) Project Manager: Carol Glasser, Site Planner II Location: Southwest corner of Hypoluxo and Lyons Roads (Villages of Windsor SW Civic) TITLE: a Development Order Amendment REQUEST: to add a Congregate Living Facility, Type 3 and a Nursing Facility to the Preliminary Master Plan; and, delete 2 access points. TITLE: a Requested Use REQUEST: to allow a Congregate Living Facility, Type 3 and a Nursing Facility. APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) and Requested Use approval for the Villages of Windsor Planned Unit Development (PUD). The acre development was originally approved by the Board of County Commissioners (BCC) on October 24, 1996 for 1,087 dwelling units, acres of private civic area, acres of public civic area, recreation areas, wetland preserve, lake tracts, buffers, and open space. This application requests an amendment to the Preliminary Master Plan (PMP) for the 22.5-acre private civic area located on the southwest corner of Hypoluxo and Lyons Roads to add 2 Requested Uses and to delete 2 access points from Hypoluxo Road. The site is currently vacant. The applicant requests to add a Congregate Living Facility (CLF), Type 3 for 410 residents in 2 buildings consisting of 399,045 square feet; a Nursing Facility with 100 beds in 1 building consisting of 40,000 square feet; and, a 2,000- square foot accessory building to enclose a generator. The site plan indicates 330 parking spaces, 1 access point from Hypoluxo Road, and 1 access point from Lyons Road. ISSUES SUMMARY: o Project History On October 24, 1996, the BCC approved resolution R for a rezoning from the Agricultural Residential (AR) Zoning District to the Planned Unit Development (PUD) Zoning District with 1,000 units on acres consisting of 600 single family and zero lot line units (ZLL) and 400 multifamily units. On July 27, 2000, the BCC approved resolution R to reconfigure the master plan and redesignate housing type consisting of 580 single family and 420 ZLL units. On June 19, 2002, the BCC approved resolutions R and R for a rezoning of 9.85 acres of land from the AR Zoning District to the PUD Zoning District and to add the land to the Villages of Windsor PUD and reconfigure the master plan, and increase the dwelling units to 1,091 consisting of 345 single family and 746 ZLL units and to designate 354 units (Pods F, G, H, and I) for active adults. Villages of Windsor PUD was originally approved with acres of public civic area and acres of private civic area. The public civic area was dedicated to Palm Beach County (PBC) in 2003 to satisfy the combined public civic requirements for Sherbrooke Estates PUD, Towne Park Country Club PUD and the Villages of Windsor PUD. On June 15, 2005, the BCC approved resolution R- BCC March 31, 2011 Page 326

2 to add 2 access points for a PBC Fire-Rescue station and a park on the acre public civic parcel. The private civic area consists of the subject 22.5-acre parcel on the southwest corner of Hypoluxo and Lyons Roads along with an adjacent acre parcel on the southeast corner. On July 22, 2010, the BCC approved resolutions R and R to reconfigure the master plan and requested uses to allow a daycare, general and a private elementary school on the acre private civic parcel. On October 28, 2010, the BCC approved corrective resolution R correcting the previously approved landscaping conditions. On August 30, 2010, the BCC approved Ordinance amending the Future Land Use Atlas (FLUA) for Villages of Windsor Institutional (LGA ) changing the subject sites FLU designation from Low Residential, 2 units per acre (LR-2) to High Residential, 8 units per acre (HR-8) with a condition that the density associated with the HR-8 FLU designation shall only be utilized for the development of a Congregate Living Facility (CLF). o Consistency with Comprehensive Plan The Planning Division found the request consistent with the HR-8 land use designation of the Plan and generally consistent with recommendations of the West Boynton Area Community Planning Area Neighborhood Plan. See Staff Review and Analysis for additional Planning comments. o Compatibility with Surrounding Land Uses (for the SW Private Civic parcel affected area) NORTH FLU: Zoning District: Supporting: Multiple Land Use (MLU) - Commercial High (CH), Commercial High- Office (CH-O, and LR-2 clustered. Mixed Use Planned Development (MXPD) Vacant (Windsor Place MXPD, Control No ) SOUTH FLU: LR-2 Zoning District: PUD Supporting: Single family residences (Diamond Shamrock PUD, Control No aka Savannah Estates) EAST FLU: Zoning District: Supporting: WEST FLU: Zoning District: Supporting: LR-2 PUD Vacant (Villages of Windsor, PUD, Private Civic Pod for Daycare, General and School, Control No ) LR-2 PUD Single family residences (Villages of Windsor, PUD, Pod B, Control No ) The 2-story buildings (Buildings 2 and 3) are setback a minimum of 60 feet from the west property line adjacent to Pod B (Isola Bella Estates). An additional 20 feet of setback is provided over the minimum 40 feet required per the property development regulations on the Final Master Plan dated September 25, [Current Code for a private civic pod is less restrictive requiring a minimum of 20 feet from the side and rear property lines per Table 3.E.2.D regardless if the adjacent use is residential.] Building 1 on the eastern portion of the site will be limited to 3-stories 38 feet in height per Use Limitation condition 1. Building 1 is consists of 1A and 1B fronting Hypoluxo Road and 1C and 1D adjacent to the rear or south property line. The building must be setback in accordance with PDD building heights with a 1-foot increase in setback for each additional foot or fraction thereof in height over 35 feet. Buildings 1C and 1D are proposed to be setback a minimum of 60 feet from the south BCC March 31, 2011 Page 327

3 property line. The entire Building 1 is approximately 730 feet in width; however, the building is designed so that the ends of 1C and 1D closest to residential are approximately 120 feet total width. The remaining building width (approximately 610 feet) is setback over 180 feet from the south property line. The resident s units face east and west, not south. The windows on the south façade are intended to provide lighting and ambience for the hallways, corridors and common areas within the facility. Additional trees will be planted along the building foundation at the south ends of Buildings 1C and 1D and on the north side of the rear drive aisle to provide additional screening. A Type 2 incompatibility buffer 20 feet in width with a 6-foot high continuous, opaque landscape barrier is required along the south and west property lines. The residential uses to the south are further separated by the 75-foot wide Lake Worth Drainage District (LWDD) canal and easement area. The required generator for Building 1 is enclosed in a separate accessory building. The required generators for Buildings 2 and 3 are located behind dry detention areas. All generators are screened and buffered per Art. 5.B.1.A.18 Permanent Generators. As proposed and subject to the recommended conditions of approval, staff does not anticipate any significant incompatibility issues from the requests. o Landscape/Buffering The site is required to provide a 25-foot wide right-of-way (ROW) buffer along Hypoluxo Road and a 30-foot wide ROW buffer along Lyons Road by previous conditions of approval, which are carried forward with this amendment as Landscape 6 and Landscape 9. A 20-foot wide Type 2 incompatibility buffer is required along the south and west property lines abutting Diamond Shamrock PUD (aka Savannah Estates) to the south and Villages of Windsor PUD single family residential in Pod B (aka Isola Bella Estates) to the west. Upgraded trees are required in all buffers pursuant to conditions Landscape General 1 and 2, which are also carried forward. o Signs Signage for the CLF is limited to 1 freestanding sign with a maximum of 32 square feet in sign face area and a maximum of 8 feet in height pursuant to Art. 4.A.1.B.34.i.2) Type 3 CLF Signage. The sign may be located at either the Lyons Road access or at the northeast corner of the site. No wall signage is allowed for the CLF building. The Nursing Facility is allowed 1 freestanding sign for its portion of the Hypoluxo Road frontage with a maximum sign face area of 200 square feet and a maximum height of 10 feet per Table 8.G.2.A for a residentially zoned PDD. The site is not eligible to place an entrance sign (aka project identification sign) on the private civic parcel. Entrance signs are limited to the entrance of the PUD per Table 8.G.2.C. Prior to final approval by the Development Review Officer, the Master Sign Plan shall be revised to reflect these requirements. See Sign 1 in Exhibit C-2. o Exemplary Design A DOA to a previously approved PUD shall only be granted to a project exceeding the goals, policies and objectives in the Plan, the minimum requirements of the Code, and the design objectives and performance standards for a Planned Development District (PDD). The PUD remains vested pursuant to Article 1.E.1.C Previous Approvals for the previously approved exemplary design elements. The decorative street lighting and upgraded perimeter buffers with additional plantings in a naturalistic and meandering pattern will also be provided within the subject site. Additionally, the applicant proposes a landscape focal point, fountain, and decorative paving treatment at the main entrance from Hypoluxo Road; and, outdoor passive recreation areas with 4 pavilions that are connected to the pedestrian circulation system, which includes 15 benches. o Architectural Review The applicant did not request to have the elevations reviewed at time of public hearing. The proposed SW Civic parcel development is subject to ULDC Sections 5.C.1. Design Standards and Architectural Guidelines and Compatibility Standards 5.C.1.H. Staff is recommending Architectural Review 1 in Exhibit C-2 that final architectural elevations be submitted for review and approval at time BCC March 31, 2011 Page 328

4 of submittal for final DRO approval to ensure that the final architectural elevations are consistent with the BCC approved site plan and in compliance with Art. 5.C. o Requested Uses and Deletion of 2 Access Points The applicant requests approval of 2 Requested Uses for a Congregate Living Facility (CLF), Type 3 with 410 residents and a Nursing or Convalescent Facility for a 100-bed Nursing Facility on the west 22.5-acre portion of the private civic area. The 22.5-acre private civic site located at the southwest corner of Hypoluxo and Lyons Roads was not previously designated for any particular civic use. However, the BCC previously approved 3 access points from Hypoluxo Road to address the possibility that the parcel could be developed with 3 separate civic uses. As proposed, the 2 Requested Uses will share 1 access point from Hypoluxo Road. The applicant requests that 2 of the Hypoluxo Road access points, which are external (not internal) to the PUD, be deleted. The previously approved Lyons Road access point will remain. See Figure 4 Preliminary Master Plan dated January 18, 2011 indicating the proposed changes, which are limited to the 22.5-acre private civic parcel on the southwest corner of Hypoluxo and Lyons Roads. o Development Order Amendment Changed Circumstances The applicant, Civic Development Group LLC, states that at the time of the original and subsequent applications the specific intended development of the subject private civic site had not yet been identified. The applicant has now identified this site for the proposed Type 3 CLF and Nursing Facility. The applicant provided a reasonable demonstration of need for the CLF pursuant to the LGA Villages of Windsor Institutional application to change the FLU from LR-2 to HR-8 for the proposed CLF, Type 3 and Nursing Facility. On August 30, 2010, the BCC approved the land use change to HR-8 with a condition that the density for the HR-8 shall only be utilized for the development of a CLF. These are the changed circumstances necessitating an amendment. Staff has evaluated the applicant s justification and responses for each standard listed under Article 2.B.2.B 1-9, and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the request. o Zoning Commission (ZC) Hearing At the March 3, 2011 ZC hearing, staff gave a brief summary and indicated that staff agreed with the applicant s concern regarding the Landscape Perimeter condition requiring 2 rows of canopy trees. If the canopy trees are planted too closely, the desired screening effect may not be achieved. [Staff has determined that tree overcrowding is likely if the buffer were conditioned for a double row of canopy trees, which would result in the failure to achieve the desired screening effect. Staff is recommending Landscape Perimeter conditions 2 and 3 in Exhibit C-2, which require a minimum of 50 percent of the canopy trees to planted at a minimum height of 16 feet and the remaining canopy trees to be planted at a minimum of 14 feet in height with no palm tree substitution for the portion of the buffer directly south of any 3-story building. The specific location of plant material and choice of plant material is subject to the Landscape Section s determination that the Landscape Plan or Alternative Landscape Plan demonstrates effective screening of any 3-story building.] Bradley Miller, agent, indicated agreement with the staff report and the conditions as amended and presented the project for the campus-style Continuing Care Retirement Center (CCRC). Mr. Miller indicated location, limitation to private civic use, project history timeline, relatively low traffic generation, adjacent uses, provided computer-generated views from Savannah Estates, and an analysis of the separation from residential and other approved CLF s; however, misspoke that the Nursing Facility is 1 story. The Nursing Facility at the northwest corner of the site is proposed at 2- stories in height as indicated on the Preliminary Site Plan. Mr. Miller also indicated the applicant has agreed to limit Building 1 to 3-stories and 38 feet in height in accordance with COBWRA s letter. (See Exhibit E.) Eight comments by the public in opposition were read into the record. Six indicated concerns with buildings higher than 2 stories and 2 comments also indicated concern with a 24-hour business. Mr. Petrik s comment was read into the record; and, he also spoke indicating the 3-story building should be next to Isola Bella Estates, which he believed is also being constructed by the applicant. Jay BCC March 31, 2011 Page 329

5 Hoebner spoke indicating concern regarding the south buffer and the need to screen headlights, preferring a wall and a berm. Todd Nochomson spoke indicating concern regarding increased density from the land use amendment allowing 421 beds and now 510 are proposed. [See Planning Division comments for an explanation of the CLF density based on the HR-8 FLU and the co-located 100 Nursing Facility beds based on total acreage of the site.] Mr. Nochomson also thought the computer generated views should be from the backyards [versus the open space tract and street]. Sheila Cramer, a resident of Bellaggio, spoke in opposition to buildings over 2 stories indicating the area was previously agricultural. Ken Lassiter, COBWRA, spoke in support of the project subject to the conditions in COBWRA s letter and indicated the initial proposed height pursuant to the land use amendment was 3 stories. Staff indicated that the applicant agreed to the condition limiting the height to 3 stories and 38 feet; however, staff cannot impose COWBRA s conditions 2 and 3 on the applicant. (See Exhibit E) Mr. Martin Perry, attorney, spoke for the applicant indicating the location [intersection of Hypoluxo Road and Lyons Road] is commercial; however, the proposed use is residential in nature and the views from the residences will be minimal. Mr. Perry indicated the applicant s continuing efforts to work with the adjacent property owners. Commissioner Currie indicated concerns with generator noise and screening to the south. [Generator Maximum Permissible Sound Level is regulated by Art. 5.E.4.B.2 and Table 5.E.4.B.] Commissioner Beatty questioned the type of fuel for the generator. The applicant indicated the use of underground propane would be researched. Commissioner Anderson indicated concerns with headlights. [A Type 2 Incompatibility Buffer is required by Code to provide a continuous, opaque landscape barrier with a minimum height of 6 feet at time of planting. Three tiers of shrubs/hedge (small, medium, and large planted in a meandering and naturalistic pattern per Landscape-General condition 3 in Exhibit C-1) are required and may be used in combination with a berm to achieve the minimum 6-foot height of opaque barrier.] Commissioner Kaplan moved to recommend approval of the requests. Commissioner Anderson seconded the motions and the motions passed unanimously 9-0. BCC March 31, 2011 Page 330

6 TABULAR DATA EXISTING PROPOSED Property Control Number(s) To be determined with subdivision to combine into 1 lot. Land Use Designation: High Residential, 8 units per acre Same (HR-8) Zoning District: Planned Unit Development (PUD) Same Tier: Urban/Suburban Same Use: Vacant Congregate Living Facility (CLF), Type 3 Nursing or Convalescent Facility Acreage: 22.5 acres Same Density/Occupancy: N/A Occupancy: CLF, Type 3: 410 residents Nursing Facility: 100 beds Parking: N/A 330 spaces Access: 3 from Hypoluxo Road, and 1 from Lyons Road 1 from Hypoluxo Road, and 1 from Lyons Road PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 55 contacts from the public regarding this project: 11 in support and 44 in opposition citing concerns of buildings taller than the 2-story residential buildings in the area, detrimental to property values, traffic, and density. RECOMMENDATION: To recommend approval of the requests subject to 70 Conditions of Approval as indicated in Exhibit C-1 for the Development Order Amendment and 8 Conditions of Approval as indicated in Exhibit C-2 for the Requested Uses. ACTION BY THE ZONING COMMISSION: March 3, 2011: Motion to recommend approval of the requests carried by a vote of 9-0. MOTION: To adopt a resolution approving a Development Order Amendment to add a Congregate Living Facility, Type 3 and a Nursing Facility to the Preliminary Master Plan; and, delete 2 access points subject to the Conditions of Approval as indicated in Exhibit C-1. MOTION: To adopt a resolution approving Requested Uses to allow a Congregate Living Facility, Type 3 and a Nursing Facility subject to the Conditions of Approval as indicated in Exhibit C-2. BCC March 31, 2011 Page 331

7 Figure 1 Land Use Atlas Map BCC March 31, 2011 Page 332

8 Figure 2 Zoning Quad Map BCC March 31, 2011 Page 333

9 Figure 3 Aerial BCC March 31, 2011 Page 334

10 Figure 4 Preliminary Master Site Plan dated January 18, 2011 page 1 of 2 BCC Application No. DOA/R March 31, 2011 BCC District 03 Page 335

11 Figure 5 Preliminary Master Plan dated January 18, 2011 page 2 of 2 BCC March 31, 2011 Page 336

12 Figure 6 Preliminary Site Plan dated January 18, 2011 BCC March 31, 2011 Page 337

13 Figure 7 Preliminary Regulating Plan dated January 18, 2011 BCC March 31, 2011 Page 338

14 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: High Residential 8 units per acre (HR-8) TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The site is located within a future annexation area of the Town of Lantana. INTERGOVERNMENTAL COORDINATION: The site is not within one mile of any municipality. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the requests for a Development Order Amendment for the Villages of Windsor PUD private civic site and 2 requested uses for a 410 bed Type 3 CLF and a 100 bed Nursing Facility and has found the requests to be consistent with the site's HR-8 FLU designation. Furthermore, per FLUE Policy a (formerly b): Institutional and Public Facility uses may be allowed in all future land use designations, provided the uses are consistent with the provisions of the Comprehensive Plan and ULDC. The site was the subject of a Large Scale land use amendment known as Village of Windsor Institutional (LGA ; ORD ), which changed the FLUA designation from LR-2 to HR- 8 for the acre site. There was one condition of approval which states, The density associated with the High Residential, 8 units per acre (HR-8), future land use designation shall only be utilized for the development of a congregate living facility. This condition shall be carried forward with the zoning application as a condition of approval. The effective date for this amendment was November 3, The maximum occupancy for a Type 3 Congregate Living Facility for a Planned Development is: 421 beds (22.5ac x 18.72=421 per ULDC Article 4.B.1.A.34, Table 4.B.1.A). The site plan proposes 410 residents. The ULDC calculates the number of residents by utilizing the Future Land Use Designation and total acreage. The maximum occupancy for the Nursing facility for this site is 980 beds (22.50acres x 43560/1000= 980 per ULDC Article 4.B.1.A.90). The ULDC calculates the number of beds for a nursing facility by utilizing the total acreage of the site and divides by The site plan proposes 100 beds. The maximum Floor Area Ratio (FAR) of 0.45 (PDD) is allowed for a project with a HR-8 FLU designation in the Urban/Suburban Tier (22.5 ac x 43,560 x 0.45 = 441,045 square feet maximum). The site plan proposes a total of 441,045 square feet. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The request is located within the West Boynton Area Community Planning Area. No conflicts have been identified relating to the request. The applicant has scheduled a meeting with COWBRA in February to review the certified preliminary site plan. At time of printing, staff had not received any potential issues or concerns from the neighborhood group. FINDINGS: The request is consistent with the HR-8 land use designation of the Palm Beach County Comprehensive Plan and is generally consistent with recommendations of the Neighborhood Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Hypoluxo Road and Lyons Road. BCC March 31, 2011 Page 339

15 PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for the requests. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is cleared. WELLFIELD PROTECTION ZONE: The property is not located with 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 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 ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis is needed for the requests. PARKS AND RECREATION: Prior to final approval by the DRO, the 1.3 acres of required onsite recreation shall be delineated on the Final Site Plan and reflected in the tabular data. CONCURRENCY: Concurrency has been approved for a CLF, Type 3 with 410 residents and a Nursing Facility with 100 beds. WATER/SEWER PROVIDER: Palm Beach County Water and Utilities Department (PBCWUD). FINDING: The proposed Amendment and Requested Uses comply with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a development order application for a conditional or requested use, or a development order amendment, the BCC and ZC shall consider standards 1 9 indicated below. A conditional or requested use or development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The Planning Division has reviewed the requests for a Development Order Amendment for the Villages of Windsor PUD private civic site and Requested Uses for a 410 bed Type 3 CLF and a 100 bed Nursing Facility and has found the requests to be consistent with the site's HR-8 FLU BCC March 31, 2011 Page 340

16 designation. The Condition of Approval for Ordinance effective November 3, 2010 for the Large Scale land use amendment (Village of Windsor Institutional LGA ) to change the site s FLUA designation from LR-2 to HR-8, shall be carried forward with this zoning application. The condition states, The density associated with the High Residential, 8 units per acre (HR-8), future land use designation shall only be utilized for the development of a congregate living facility. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The CLF, Type 3 complies with maximum occupancy allowed of 421 residents. The CLF proposes 410 residents. The CLF is not double-counting any density from the previously approved density for the 1,087 units in the Villages of Windsor PUD residential pods. The subject site received BCC approval of a land use change to HR-8 via Ordinance No A full service fire station is within 0.75 miles of the site. The buildings will comply with Art. 5.C Design Standards. The subject site exceeds minimum lot size requirements. The CLF, Type 3 cannot be converted to another use per the condition of approval for the land use amendment, which is carried forward with this application, so indicating a reserve parking boundary on the Preliminary Site Plan is not applicable to this requested use for a CLF. Drop-off areas are provided for each building under the portecocheres. The central dining facility is provided in Building 1. The locations of the permanent generators as indicated meet the setback requirements for permanent generators in Art. 5.B.1.A.18. The minimum building setbacks from the residential adjacent to the side (west) and rear (south) of the site is 40 feet per the Property Development Regulations (PDRs) on the Final Master Plan dated September 25, [Current Code for a private civic pod is less restrictive and would allow a building setback of 20 feet from the side and rear property lines per Table 3.E.2.D-PUD Property Development Regulations.] The site has frontage on 2 arterial roadways; therefore, the height of the CLF building must comply with PDD Zoning District. In the PDD district, an additional foot of building setback must be provided for each additional foot, or fraction thereof, of building height over 35 feet. The applicant has agreed to a condition of approval limiting Building 1 to a maximum of 3 stories and 38 feet in height. Buildings 2 and 3, which are on the west portion of the site are also proposed to be setback a minimum of 60 feet although the buildings are proposed at a maximum of 35 feet in height. The 1-story accessory generator building is also proposed to be setback 60 feet from the rear property line. 3. Compatibility with Surrounding Uses The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The 2-story buildings (Buildings 2 and 3) are setback a minimum of 60 feet from the west property line adjacent to Pod B (Isola Bella Estates). An additional 20 feet of setback is provided over the minimum 40 feet required per the property development regulations on the Final Master Plan dated September 25, [Current Code for a private civic pod is less restrictive requiring a minimum of 20 feet from the side and rear property lines per Table 3.E.2.D regardless if the adjacent use is residential.] Building 1, will be limited to 3 stories and 38 feet in height by Use Limitation condition 1 and setback in accordance with PDD building heights with a 1-foot increase in setback for each additional foot or fraction thereof in height over 35 feet. Buildings 1C and 1D are proposed to be setback a minimum of 60 feet from the south property line. The entire Building 1 is approximately 730 feet in width; however, the building is designed so that the ends of 1C and 1D closest to residential are approximately 120 feet total width. The remaining building width (approximately 610 feet) is setback over 180 feet from the south property line. The resident s units face east and west, not south. The windows on the south façade are intended to provide lighting and ambience for the hallways, corridors and common areas within the facility. A Type 2 incompatibility buffer 20 feet in width with a 6-foot high continuous, opaque landscape barrier is required along the south and west property lines. The residential uses to the south are further separated by the 75-foot wide Lake Worth Drainage BCC March 31, 2011 Page 341

17 District (LWDD) canal and easement area. Staff is also recommending Landscape conditions 2 and 3 in Exhibit C-2 to review specific canopy tree plantings to achieve maximum screening of Building 1. The required generator for Building 1 is enclosed in a separate accessory building. The required generators for Buildings 2 and 3 are located behind dry detention areas. All generators are screened and buffered per Art. 5.B.1.A.18 Permanent Generators. As proposed and subject to the recommended conditions of approval, staff does not anticipate any significant incompatibility issues from the requests. 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The buildings will comply with Art. 5.C Design Standards including architectural compatibility with the existing and approved surrounding commercial and residential buildings. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. The site is cleared. The property is not located with a Wellfield Protection Zone. Per Environmental Resources Management (ERM) there are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. This private civic node on the south side of Hypoluxo Road on both sides of Lyons Road was established with the original approval of the Villages of Windsor PUD master plan on October 24, The private civic parcels on the east side of Lyons Road were recently approved for a general daycare and a private elementary school. This application proposes uses allowed in a private civic pod of a PUD subject to BCC approval of a requested use. The civic uses will provide a logical and orderly transition from the commercial uses approved on the northwest corner (Windsor Place MXPD) and existing on the northeast corner Town Commons shopping center. 7. Consistency with Neighborhood Plans The proposed development or amendment is consistent with applicable neighborhood plans in accordance with BCC policy. The site is within the West Boynton Area Community Planning Area. The map in the West Boynton Area Community Plan (WBACP) depicts the subject site as a civic generalized land use. No conflicts have been identified with the neighborhood plan. The applicant has scheduled a meeting with Coalition of Boynton West Residential Associations (COBWRA) to review the certified preliminary site plan. At time of printing, staff had received 1 telephone contact from COBWRA indicating a preliminary concern with the 4-story height of CLF Building Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Concurrency has been approved for a CLF, Type 3 for 410 residents and a Nursing Facility with 100 beds. 9. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. At the time of the original PUD approval and the previous DOA approvals for the Villages of Windsor PUD, the specific civic-type use had not yet been identified. The applicant subsequently identified this site for the proposed CLF, Type 3 and Nursing Facility. The applicant indicates the need for the CLF, Type 3 and Nursing Facility was demonstrated during the land use amendment process that preceded this application. A DOA is required to amend the Final Master Plan to show the locations of BCC March 31, 2011 Page 342

18 the requested uses in the private civic area located on the southwest corner of Hypoluxo and Lyons Roads and to delete 2 of the previously approved 4 access points for this area. Staff has evaluated the standards listed under Article 2.B.2.B 1-9 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the DOA request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended conditions of approval as indicated in Exhibit C-1. BCC March 31, 2011 Page 343

19 CONDITIONS OF APPROVAL EXHIBIT C-1 Development Order Amendment ALL PETITIONS 1. All Petitions 1 of Resolution R , Control , which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions R (Control No ), have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING - Zoning) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control ) as amended by Resolution R (Control ), have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the Unified Land Development Code (ULDC) and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. All Petitions 2 of Resolution R , Control , which currently states: Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved Preliminary Site Plan is dated May 17, The approved Master Plan (Sheet 2 of Exhibit 14) is dated May 11, All remaining Master Plans shall remain in full force and effect. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING - Zoning) Is hereby amended to read: The approved Preliminary Master Plan is dated January 18, The approved Preliminary Site Plan for the acre private civic parcel on the southeast corner is dated May 17, The approved Preliminary Site Plan for the 22.5-acre private civic parcel on the southwest corner is dated January 18, Modifications to the development order inconsistent with the conditions of approval, or changes to the uses or site design beyond the authority of the DRO as established in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) DRO 1. Prior to final approval by the Development Review Officer (DRO), the applicant shall revise the master plan to show the daycare, general and the private elementary school and revise the site plan to show the 20-foot buffer width along the south property line in accordance with the approved Master Plan. (DRO: ZONING - Zoning) (Previous DRO 1 of Resolution R , Control ) ENGINEERING 1. Prior to technical compliance for the first plat of the adjoining parcel, the property owner shall convey a roadway construction easement to Palm Beach County for each project entrances onto either Lyons Road or Hypoluxo Road. These roadway construction easements shall contain an isosceles trapezoid connecting the required corner clips across this property owners road right of way. Construction within this easement shall conform to Palm Beach County Standards. (TC: ENGINEERING - Eng) (Previous Condition E.1 of Resolution R , Control No ) [Note: COMPLETED] BCC March 31, 2011 Page 344

20 2. The property owner shall fund the construction of: a. an additional westbound thru lane on Lantana Road at its intersection with Jog Road. This condition shall be deemed as complete if surety is posted by others. b. an additional left turn lane on Lake Worth Road at its intersection with Lyons Road. (CO: MONITORING - Eng) (Previous Condition E.2 of Resolution R , Control No ) [NOTE: COMPLETED] 3. Prior to April 24, 1997 the developer shall provide Palm Beach Engineering Department acceptable surety for Condition E.2 above and shall include all costs associated with the design, right of way acquisition, construction, and construction administration. This surety shall be in the form of an irrevocable Performance Security, acceptable to the County Attorney. The County Engineer shall be authorized to draw against this Performance Security in any amount necessary to fund the actual cost of the construction plan preparation and road construction including County administrative processing costs by giving thirty (30) days prior written notice to Developer of County's intention to draw funds against the Performance Security. All canal crossings within the project limits shall be constructed to their ultimate configuration. This shall also include any right of way required for this construction. (DATE: MONITORING - Eng) (Previous Condition E.3 of Resolution R , Control No ) [NOTE: COMPLETED] 4. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: a.building Permits for more than 58 dwelling units shall not be issued until construction has begun for State Road 7 as a 6 lane section from Lake Worth Road to Boynton Beach Boulevard plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng) [NOTE: COMPLETED] b.building Permits for more than 58 dwelling units shall not be issued until construction has begun for Lantana Road bridge widening over the E-1 Canal as a 7-lane bridge plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng) [NOTE: COMPLETED] c.building Permits for more than 356 dwelling units shall not be issued until construction has begun for Lantana Road as a 4 lane facility from Lyons Road to Jog Road. (BLDG PERMIT: MONITORING - Eng) [NOTE: COMPLETED] d.building Permits for more than 600 Single-family and 248 Multi-family units shall not be issued until the construction has begun of a third westbound thru lane on Lantana Road at Jog Road. (BLDG PERMIT: MONITORING - Eng) [NOTE: COMPLETED] e.building Permits for more than 600 Single-family and 281 Multi-family units shall not be issued until the construction has begun for an additional left turn lane east approach on Lake Worth Road at Lyons Road (dual left turn lanes). (BLDG PERMIT: MONITORING - Eng) [NOTE: COMPLETED] f.the mix of allowable uses as shown on the Master Plan may be adjusted by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. (ONGOING: ENGINEERING - Eng) g.no Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) (Previous Condition E.4 of Resolution R , Control No ) 5. Prior to April 23, 1998 or prior to issuance of the first Building Permit, whichever shall first occur, the Property Owner shall convey to Palm Beach County Land Development Division by road right of way warranty deed: a. Hypoluxo Road, a total of 110 feet, on an alignment approved by the County Engineer, from State Road 7 to the Florida Turnpike. [NOTE: COMPLETED] b. Right of way for the Hypoluxo Road Bridge over the Florida Turnpike including ramp slopes, shall be dedicated as required by the County Engineer. [NOTE: COMPLETED] c. An expanded intersection at Lyons Road and Hypoluxo Road. [NOTE: COMPLETED] d. Lyons Road, a total of 110 feet of right of way, from the north property line to the south property line. [NOTE: COMPLETED] BCC March 31, 2011 Page 345

21 All of the above right of way shall be free of all encumbrances and encroachments. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and to include Corner Clips where appropriate at intersections as determined by the County Engineer. (DATE: MONITORING - Eng) (Previous Condition E.5 of Resolution R , Control No ) [Note: COMPLETED] 6. LANDSCAPE WITHIN MEDIAN a. Prior to January 1, 2000, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape all adjacent median(s) of all abutting rightsof-way. When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the Low Cost Planting Concept outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards and shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. b. All required median landscaping, including an irrigation system if required shall be installed at the property owners expense. All landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed on or before May 1, (DATE: MONITORING - Eng) c. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to January 1, (DATE: MONITORING - Eng) (Previous Condition E.6 of Resolution R , Control No ) 7. Prior to the recording of the plat for POD's D, E, F and G, the Property Owner shall convey to Palm Beach County Land Development Division by road right of way warranty deed the additional right of way for the construction of a right turn lane at the intersection of: Hypoluxo Road and the projects entrance road to POD's D, E, F and G. This right of way shall be a minimum of 280 feet in storage length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include Corner-Clips where appropriate as determined by the County Engineer. Property Owner shall provide Palm Beach County with sufficient documentation acceptable to the Right-of-Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (PLAT: ENGINEERING - Eng) (Previous Condition E.7 of Resolution R , Control No ) [Note: COMPLETED] 8. On or before April 14, 1998, 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 Hypoluxo Road and Lyons Road along the property frontage; and a maximum 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 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 BCC March 31, 2011 Page 346

22 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) (Previous Condition E.8 of Resolution R , Control No ) [Note: COMPLETED] 9. The Property Owner shall construct the following turn lanes concurrent with the construction of the projects entrance roads: a. Left turn lane on Hypoluxo Road at the project's entrance road to POD A and for POD D, E, F, and G. b. Left turn lane on Hypoluxo Road at the project's entrance road to POD C and for POD B. (CO: MONITORING - Eng) (Previous Condition E.9 of Resolution R , Control No ) [Note: COMPLETED] 10. Prior to the issuance of the building permit for the 400th unit, the Property Owner shall construct Lyons Road from Hypoluxo Road to the south right of way line of the LWDD L-19 Canal, including a 3 lane structure over the LWDD L-19 Canal. This construction shall be as a 2 lane section in accordance with approved construction plans by the Office of the County Engineer. This shall also include a left turn lane on the south approach at it's intersection with Hypoluxo Road. (BLDG PERMIT: MONITORING - Eng) (Previous Condition E.10 of Resolution R , Control No ) [Note: COMPLETED] 11. The Property Owner shall construct Hypoluxo Road from Lyons Road to the entrance to POD D, E, F, and G. This construction shall be as a 2 lane section including bike paths and or sidewalks in accordance with approved construction plans by the Office of the County Engineer. This construction may be phased by the property owner as approved by the County Engineer. This shall also include a left and right turn lane on the east approach at it's intersection with Lyons Road. (CO: MONITORING - Eng) (Previous Condition E.11 of Resolution R , Control No ) [Note: COMPLETED] 12. The Property Owner shall fund the construction of Hypoluxo Road from the entrance to POD D, E, F, and G to the project's east property line. Funding shall be based upon the construction of this road as a 2 lane section in accordance a cost estimate provided by the Developers Engineer and approved by the County Engineer. Funding for this construction shall be completed prior to 90 days notice by the County Engineer that this road is required for paved continuity or prior to recordation of the last plat for this PUD whichever shall fist occur. Funding shall also include a left turn lane east approach into POD C and a right turn lane on the east approach into POD D, E, F, and G. (TC: ENGINEERING - Eng) (Previous Condition E.12 of Resolution R , Control No ) [Note: COMPLETED] 13. Concurrent with the first plat, the construction of the following thoroughfare roadways shall be constructed: a. Lyons Road from Hypoluxo Road to the present paved terminus south of Lantana Road, and; b. Hypoluxo Road from SR 7 to Lyons Road. (PLAT: ENGINEERING - Eng) (Previous Condition E.13 of Resolution R , Control No ) [Note: COMPLETED] 14. No vehicular traffic connection shall be allowed between the Sherbrooke Estates Planned Unit Development and the Villages of Windsor PUD, but for the publicly dedicated Lyons Road. (ONGOING: ENGINEERING - Eng) (Previous Condition E.14 of Resolution R , Control No ) 15. The Property Owner shall fund a pro rata share of the cost of signalization warranted as determined by the County Engineer at Hypoluxo Road and POD A. Should signalization not be warranted after 12 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (ONGOING: ENGINEERING - Eng) (Previous Condition E.15 of Resolution R , Control No ) 16. The Property Owner shall receive credit for the Traffic Impact Fees as provided for in the Fair Share Road Impact Fee Ordinance. (ONGOING: IMPACT FEE COORD - Eng) (Previous Condition E.16 of Resolution R , Control No ) BCC March 31, 2011 Page 347