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.: ZV/W/PDD Application Name: Liberty Trust AGR-PUD Control No.: Applicant: 441 Acquisition, LLC Owners: 441 Acquisition, LLC Agent: 441 Aquisition, LLC - Gladys DiGirolamo Telephone No.: (954) Project Manager: Joyce Lawrence, Site Planner II TITLE: a Type II Variance REQUEST: to allow an increase in building coverage for single family lots. TITLE: a Type II Waiver REQUEST: to allow 50% of the streets to terminate in cul-de-sacs. TITLE: an Official Zoning Map Amendment to a Planned Development District REQUEST: to allow a rezoning from the Agricultural Reserve (AGR) Zoning District to the Agricultural Reserve Planned Unit Development (AGR-PUD) Zoning District. APPLICATION SUMMARY: Proposed is the rezoning of acres of land from the Agriculture Reserve (AGR) Zoning District to the Agricultural Reserve Planned Unit Development (AGR-PUD) Zoning District to allow for the development of 282 dwelling units. The proposed Preliminary Master Plan (PMP) indicates acres of Development Area and acres of Preserve land. The proposed Master Plan Development Area indicates 282 units; 85 single-family (SF) units and 197 zero lot line (ZLL) units; a 2.26-acre civic site; 7 lakes totaling acres, and a 3.04-acre recreation pod. The applicant is also requesting a Type II Waiver to allow 50 percent (+10) of the proposed streets to terminate in a cul-de-sac; a Type II Variance to allow a 44% (+4%) building coverage; and a Type 1 Waiver to eliminate a Type II Incompatibility Buffer along the perimeter of the Recreation Pod and adjacent to a lake that is 3.77 acres in size. One access point to the Development Area is proposed from State Road 7 (US 441). SITE DATA: Location: State Road 7 South of Atlantic Avenue. (Liberty Trust AGR- PUD) Property Control Number(s) ; Existing Land Use Designation: Agricultural Reserve (AGR) Proposed Land Use Designation: No Proposed Change Existing Zoning District: Agricultural Reserve (AGR) Proposed Zoning District: Agricultural Reserve (AGR) Planned Unit Development (AGR- PUD) Acreage: acres Tier: Agricultural Reserve District (AGR) Overlay District: N/A Neighborhood Plan: West Boynton Community Plan (Preserve Parcels only) CCRT Area: N/A Municipalities within 1 Mile N/A Future Annexation Area N/A RECOMMENDATION: Staff recommends approval of the Type II Waiver subject to 5 Conditions of Approval as indicated in Exhibit C-2, and approval of the Official Zoning Map Amendment subject to 26 Conditions of Approval as indicated in Exhibit C-3. Staff recommends denial of the Type II Variance to allow an increase in the building coverage for single-family units from 40 percent to 44 percent. Should the Zoning Commission approve the Variance staff recommends it be subject to the Conditions of Approval indicated in Exhibit C-1. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project. ZC April 2, 2015 Page 356

2 PROJECT HISTORY: The proposed development parcel has been under agricultural production by the previous owner and is currently under an existing farming lease to continue the agricultural operation until such time that the proposed project is approved for development. A acre Preserve Area was previously approved for the Amestoy PUD that was rezoned to the AGR zoning district on January 8, SURROUNDING LAND USES: NORTH: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve District (AGR) Supporting: Agricultural ( Control No ) FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve District (AGR) Supporting: Place of Worship (Our Lady Queen of Peace, Control No ) SOUTH: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve Planned Unit Development (AGR-PUD) Supporting: Residential Single Family (Saturnia Isles, Control No ) SOUTH WEST: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve District (AGR) Supporting: Agricultural Sales and Services (Shark Enterprises, Control No ) EAST: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve District (AGR) Supporting: Agricultural ( Control No N/A) WEST: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve District (AGR) Supporting: Agricultural ( Control No N/A) TYPE II VARIANCE SUMMARY ULDC Article Required Proposed Variance 3.D.1.A - Property Development Regulations - Building Coverage 40 percent 44 percent An increase of 4 percent FINDINGS: Type II Variance Standards: When considering a Development Order application for a Type II Variance, the Zoning Commission shall consider Standards 1 through 7 listed under Article 2.B.3.E of the ULDC. The Standards and Staff Analyses are as indicated below. A Type II Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. 1. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure that are not applicable to other parcels of land, structures or buildings in the same zoning district: VI - No: No special circumstances exist that are peculiar to this development that are not applicable to other developments within the same Zoning District. The Unified Land Development Code (ULDC) ZC April 2, 2015 Page 357

3 under Ordinance , Article 3 Property Development Regulations was modified to remove the language for flexible regulations. If as the Applicant states the proposed one-story models are within this community to target a specific market and allow flexibility, then the Applicant should restrict the one-story models to the lots that are of sufficient size to not exceed minimum Code requirements for building coverage. The Applicant cites many other examples of this Variance approval especially for the GL Homes developer. However the Applicant fails to justify why this parcel of land is peculiar and warrants a need to increase building coverage other than making references to other applications that received approval for the same request and for flexibility to prospective buyers. These circumstances are not peculiar to this AGR-PUD project. 2. Special circumstances and conditions do not result from the actions of the Applicant: VI - No: The special circumstances and conditions are a result from the actions of the Applicant. The Applicant's Justification Statement states that there are circumstances that are market driven to meet the square footage needs of prospective buyers' lifestyle for a one-story unit. The reference made by the Applicant in the Justification Statement, is that other applications were approved for this Type II Variance. To allow one-story models to exceed the maximum building coverage permitted by Code is a result of the Applicant s request and results from the Applicant s actions and are not peculiar to this AGR-PUD project. The ULDC, Property Development Regulations clearly state the requirements for a one-story unit to meet Code requirements. The Applicant designed the models and the size of the lots, to offer to buyers. The Applicant is aware of the requirement to meet Code at time of application, and the Variance request is therefore a result of the Applicant's actions. 3. Granting the variance shall not confer upon the Applicant any special privilege denied by the Comprehensive Plan and this code to other parcels of land, structures or buildings in the same zoning district: VI - No: All Applicants must meet the minimum requirements of the Code at the time of application submittal. Granting of the variance would allow a deviation from Code requirements. The Applicant can provide a smaller one-story unit that meets the 40% maximum lot coverage as the lots are presently designed. 4. Literal interpretation and enforcement of the terms and provisions of this Code would deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship: VI - No: Literal interpretation and enforcement of the terms and provisions of this Code would not deprive the Applicant of rights commonly enjoyed by other parcels of land in the same Zoning District, and would not work an unnecessary and undue hardship. The site can easily be designed to comply with Code and not compliance with a market driven request or design. The Applicant could provide a larger lot or a smaller house. Not a larger house on a smaller lot which primarily benefits the seller. 5. Granting of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: VI - No: The Applicant's Justification Statement states that not every single family lot will utilize this variance due to different models proposed. Therefore, the Applicant has not requested the minimum variance to deviate from Code requirements. The Applicant is requesting a 10% variance or a 4% increase in maximum building coverage from 40 to 44% for the lots within the affected area and limits to only one story homes. In response staff recommends if the Variance is approved, a Condition of Approval, as indicated in Exhibit C-1, limiting the 44% building coverage to only the one story models as proposed by the Applicant. 6. Granting of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: VI - No: The granting of this Variance would be inconsistent with the purposes, goals, objectives, and policies of the Code as the request is to deviate from Code requirements. The Type 1B ZC April 2, 2015 Page 358

4 Administrative Variance process allows the review of this standard and the exact increase in building coverage requested per lot. If an increase in building coverage results in a decrease in pervious area, this would be mitigated through recommended Conditions of Approval as applicable to the specific lot. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare: VI - No: An application for a Development Order shall comply with the ULDC to ensure that all Development Orders approved in unincorporated Palm Beach County are consistent with the Plan and Code. The Code establishes comprehensive and consistent standards and procedures for the review and approval of all proposed development of land. Further, the intent of the Code as relative to this Variance request is to prevent the overcrowding of land, facilitate adequate drainage, and provide consistency in established regulations pursuant to Art. 1.A.1.C. FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An Amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. Density: The Planning Division has reviewed the request to construct a new AGR Planned Unit Development consisting of a total of 282 units on acres. 60/40 Development Option: Per Policy i. the Applicant is required to provide a minimum of 60% of Preserve Area and 40% maximum developable area. The Preserve Areas are not required to be contiguous with the Development Area. The 60/40 breakdown is as follows: Total acreage: acres Less ROW: 4.72 acres Net acreage = acres Net acreage x 60%: x 60% = acres (Applicant proposes acres or 61%) Net acreage x 40%: x 40% = acres (Applicant proposes acres or 39%) The policy states that the request has to provide a minimum of 60% preserve lands and a maximum of 40% for the developable area. Therefore, since the policy does not preclude an Applicant from providing more than the required amount of Preserve Area, or less than the maximum amount of developable area, then the request to provide 61% and 39% is consistent. The following policy is relevant to the 60/40 AGR PUD and reads as follows: FLUE Policy i.6. states, that the Preserve Area shall consist of, at least, 60 percent of the gross acreage less right-of-way identified in the Thoroughfare Identification Map. The policy (page 32-FLUE) also states that Preserve Areas for a 60/40 PUD shall contain a minimum contiguous area of 150 acres; or have a common boundary with other preserve properties whose aggregate total equals at least 150 acres and are contiguous to other preserve parcels or parcels designated Conservation (CON) on the Future Land Use Atlas. Based on the information submitted ZC April 2, 2015 Page 359

5 by the Applicant and resultant staff analysis, Planning has determined that the preserve parcels are consistent with this policy. Special Overlay District / Neighborhood Plan / Planning Study Area: The subject property has preserve parcels located within the boundaries of the West Boynton Community Plan. The subject request is not inconsistent with the neighborhood plan. The Applicant coordinated with the neighborhood group responsible for implementing the Neighborhood Plan on February 20, Staff received a letter from COBWRA dated February 26, 2015 stating support for the request with no request for conditions. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. o 60/40 AGR PUD Requirements : Pursuant to Article 3.E.2.F of the ULDC, each AGR PUD must consist of two areas, the Preservation Area and the Development Area, and both areas must be rezoned to the PUD District. A 60/40 AGR PUD must have a minimum acreage of 250 acres with a minimum of 60% of the gross land area of the PUD to be designated as Preservation Area, and the remainder land area (40%) as Development Area. To be eligible for a rezoning to AGR PUD, a Preservation Area that is less than 150 acres must share at least one common boundary of which a minimum of 50% of the common boundary is contiguous with an existing Preservation Area. The parcels proposed to be rezoned will meet the contiguous requirement. The Applicant is proposing to rezone a total of acres of land including 4 Preservation Areas of totaling acres and 4.72 acres for ROW dedication. The following chart indicates the proposed preserve ID numbers, Preservation Area and acreage of the preserve parcels of land 4 to be added to the Valencia Cove development: Liberty Trust Preserve Parcels Preserve Number Parcel Name Acreage 1 Rowan Running D Ranch BS Investments Amestoy Total Pending the proposed Zoning Map Amendment, the site will be consistent with all applicable provisions of the ULDC, as well as the stated purpose and intent of the ULDC. All of the preserve parcels associated with this application meet or exceed the requirements noted in Article 3.E.2.F.3 including location, adjacency, uses, configuration, and contiguity. All Preservation Areas have been depicted on an overall aerial map that show the location, access, size and adjacent Preservation Areas for contiguity and also for minimum size when combined with other adjacent preserve parcels. The following includes the Preserves within the proposed AGR-PUD and explains how they meet the requirements for a preserve parcel as noted in Article 3.E.2.F.3. There are 4 separate preservation parcels associated with this project. All 4 Preserve Parcels are described in further detail as to how each parcel meets the requirements of Article 3.E.2.F.3 including location, adjacency, uses, configuration, and contiguity. o Exemplary Features: Pursuant to ULDC Section 3.E.2.A.4., Exemplary A rezoning to the PUD district or 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 this Code, and the design objectives and performance standards in this Article which include, but are not limited to, sustainability, trip reduction, cross access, buffering, aesthetics, creative design, vegetation preservation, recreational opportunities, mix of uses, mix of unit types, safety, and affordable housing ZC April 2, 2015 Page 360

6 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 Master Plan/Site Plan provides the following features to achieve the PUD exemplary design objectives: Decorative paving treatment at the site s entrance; Centrally located 3.04-acre recreational pod which exceeds the minimum requirement by 44%; focal point- lake overlook within the entryway island and within all cul-de-sacs throughout the site; A site design that allows approximately 63% of the units to have a lake view; 1 focal point is required but the applicant will provide 2 focal points; One fountain within the entrance lake has been shown on the Master Plan. g) Benches are included within the proposed lake overlook which is adjacent to the pedestrian pathway that interconnects all the proposed lots within the community; and Additional landscaping and open space along SR7/US441: Includes a 50-foot wide AGR- Perimeter buffer with a 50% reduction as permitted by code when adjacent to open space greater than 80 feet in width. The 25 foot buffer easement has been delineated on the Master Plan within a 50 foot open space tract lying adjacent to the LWDD E.1. Canal. The combination of buffer, open space and E.1. Canal ROW provide an overall 180 foot canal and buffer area adjacent to the western property line and State Road U.S o Architecture: The proposed request for a PUD with the development of Single Family homes is not subject to the requirements of Article 5.C- Architectural Guidelines. o Coalition of West Boynton Residential Association (COBWRA): On a letter dated February 26, 2015 COBWRA reviewed the Applicant s rezoning request and the location of the acres of Preservation area in the West Boynton Community Plan area. The COBWRA letter (Exhibit E) indicates support for the preserve parcel locations and approval of the application. o Parking: The proposed 282 units require a minimum of 2 parking spaces for each proposed single family home. The proposal will meet or exceed this requirement. In addition, the recreational facility shall provide additional parking for the pool, tennis courts and clubhouse pursuant to ULDC Article 6. A Preliminary Site Plan for the recreational facility will be provided at final DRO. o Landscape Buffers: Pursuant to Article 3.E. of the ULDC, a 50-foot wide AGR Type III Incompatibility buffer (with no wall) is required to be installed when the proposed PUD is abutting properties zoned AGR, Agricultural Production, Special Agricultural or AR. The north property line contains a 50-foot wide AGR-Incompatibility perimeter buffer and abuts AGR zoned property that is currently being farmed, and on the northwestern perimeter is adjacent to Our Lady Queen of Peace Place of Worship and sanctuary. The southern property line abuts the 80-foot wide LWDD L-35 Canal that is adjacent to the Saturnia Isles AGR-PUD. The southern property line abuts the 80 foot wide LWDD L-35 Canal that is adjacent to the Saturnia Isles AGR-PUD. The south buffer includes the permitted reduction of the required 50 foot perimeter buffer to 25 feet in width per Article 3.E.2.F.4.d.1. and Article 7.F.6. The eastern AGR Type III Incompatibility buffer perimeter buffer abuts Half Mile Road which includes a 50 foot wide AGR- Perimeter buffer and lies adjacent to 30 feet of additional ROW being dedicated for Half Mile Road. The western property line abutting State Road 7 and the E-1 Canal includes a 50 foot wide AGR- Perimeter buffer with a 50% reduction as permitted by code when adjacent to open space greater than 80 feet in width. However the 25 foot buffer easement has been delineated on the Master Plan within a 50 foot open space tract lying adjacent to the required LWDD 145 feet total E-1 Canal easement and ROW dedications. The proposed amendment complies with all applicable standards and provisions of the Code and general development characteristics for a PUD in the AGR Tier. Pending approval of the Type II Waiver, and the Type II Variance, the proposed development complies with the standards imposed on it by the applicable provisions of the Code for use, layout, function, and general development characteristics. The proposed Single Family uses are in compliance with the Supplementary Use Standards. ZC April 2, 2015 Page 361

7 o Type I Waiver: A Type I Waiver is requested to eliminate the Type II Incompatibility buffer required along the perimeter of the recreation pod that in this case abuts a 3.77 acre lake. The Type 1 Waiver, would be approved through a subsequent Administrative Review. o Signage: The Preliminary Regulating Plan provides the detail of the proposed Entrance Wall Signs located on both sides of the main entry point. The PMP also indicated Project ID signs on the north and south perimeter of the PUD adjacent to SR7/US441. The proposed signage complies with the sign requirements of Article 8 as indicated on the Preliminary Regulating Plan 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The proposed development is similar to other communities and neighborhoods in this area. The site is surrounded on the north, south east and west with AGR zoned properties. Saturnia Isles AGR-PUD is directly adjacent to the south. Our Lady Queen of Peace church and mission facilities are directly located on the northeast portion of the site. With the proposed buffers and residential uses the proposed development is compatible and generally consistent with the uses and character of land surrounding and in the vicinity of the land proposed for development. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property is under agricultural production. WELLFIELD PROTECTION ZONE: A portion of 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. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The rezoning request will further the 60/40 AGR/PUD development pattern in the AGR Tier. The site must maintain a minimum of 60% Preserve Area and a maximum of 40% Development Area. The proposed Zoning Map Amendment should have no adverse impact on local development patterns, timing or trends. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS Traffic from the proposed development is expected to be 2,820 daily trips, 212 a.m. (53 in/159 out) and 267 p.m. (168 in/99 out) peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). A 2020 buildout date was analyzed in the traffic study. The following improvement is required for compliance with Traffic Performance Standards: * Construction of a second east approach left-turn lane at the intersection of Atlantic Avenue and Lyons Road ZC April 2, 2015 Page 362

8 As a site related improvement, a right-turn lane along SR-7 is required at the project driveway. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: State Road 7 from Atlantic Avenue to Clint Moore Road Existing count: Northbound = 1,610; Southbound = 1,048 Background growth: Northbound = 379; Southbound = 294 Project Trips: Northbound = 51; Southbound = 30 Total Traffic: Northbound = 2,040; Southbound = 1,372 Travel Speed: Northbound = 32.1 mph Present laneage: 4 Lanes Assured laneage: 4 Lanes LOS D capacity: 1,960 vehicles per hour (directional) LOS D capacity: 21 mph Projected level of service: D or better The Property Owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. Prior to recordation of the plat, the Property Owner shall have the conservation easement released. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Half Mile Road and a permit from the Florida Department of Transportation for access onto SR 7. The Property Owner shall dedicate right of way for Half Mile Road. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis. FIRE PROTECTION: No Staff Review Analysis. SCHOOL IMPACTS: In accordance with adopted school concurrency, a Concurrency Determination for 282 single family units was approved on September 24, 2014 (Concurrency Case # C). The subject property is located within Concurrency Service Area 20 (SAC 295C). This project is estimated to generate approximately eighty-two (82) public school students. The schools currently serving this project area are Sunrise Park Elementary School, Eagles Landing Middle School and Olympic Heights Community High School. The Preliminary Master Plan (dated 9/17/14) shows a 10' x 15' public school bus shelter location. A public school bus shelter condition of approval has been applied to this request. PARKS AND RECREATION: Based on a proposed 282 dwelling units, a minimum of 1.70 acres of onsite recreation is required. The plan submitted indicates 2.90 acres of recreation will be provided, therefore Parks and Recreation Dept. standards have been addressed 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The subject site is located within an area identified with the Comprehensive Plan as suitable for development as a 60/40 AGR-PUD. The subject site is contiguous to an existing AGR-PUD (Saturnia Isles) located directly to the south of the subject site and is within close proximity to several other AGR-PUDs (Seven Bridges, Bridges, The Oaks, Mizner Country Club), as well as, several other residentially developed areas. The preserve parcels are required to be added to the overall AGR- PUD due to the 60/40 requirement of the ULDC. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-8 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 ZC April 2, 2015 Page 363

9 potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C-3. FINDINGS: Type II Waivers: When considering a Development Order application for a Type II Waiver, the BCC shall consider the Standards in Article 2.B.2.G.3 of the ULDC. The Standards and Staff Analyses are indicated below. A Type II Waiver, which fails to meet any of the standards, shall be deemed adverse to the public interest and shall not be approved. 1. The Waiver does not create additional conflicts with other requirements of the ULDC, and is consistent with the stated purpose and intent for the Zoning District or Overlay; The request is consistent with Art. 3.E.1.C.2.a.5) Cul-de-sacs and standard b) (1) and (2) for allowing an increase in the number of cul-de-sacs per the Preliminary Street Layout Plan submitted with the request. Pursuant to ULDC Article 3.E.1.C.2.a.5., Cul-de-sac, the objective of this provision is to recognize a balance between dead end streets and interconnectivity within the development the Code allows: a) 40 percent of the local streets in a PDD may terminate in a cul-de-sac or a dead-end by right; and b) An additional 25 percent of the local streets in a PDD may terminate in a cul-de-sac pursuant to a Type II Waiver application approved by the BCC. The BCC shall consider the following additional standards when deciding whether or not to approve the Waiver. 1) cul-de-sacs terminate in an open space that provides amenities accessible to the residents of the development; and, (2) cul-de-sacs connect to a pedestrian system including but not limited to sidewalks, and designated path or trail systems. The applicant is requesting a Type II Waiver for 50% (3 streets) of the overall of 6 streets to terminate in a cul-de-sac. The attached Street Layout and Pedestrian Pathways Plan (Figure 5), provides the location of the proposed pedestrian amenity and the proposed layout of the streets that will be terminated into a cul-de-sac. Approval of the waiver is subject to a BCC finding of the 2 standards indicated above to have cul-de-sacs terminate in an open space and the connection to a pedestrian amenity. Staff recommends in All Petition Condition 2 (Exhibit C-2, that the Applicant provide 3 pedestrian amenities to supplement the cul-de-sac placement. The proposed Street Layout and Pedestrian Pathways Plan indicate the proposed streets that will be terminated as a cul-de-sac. In agreement with Condition 2 (pedestrian system connection) the Street Layout and Pedestrian Pathways Plan shall show the future Street Layout and Pedestrian Pathways Plan shall show the future location of the pedestrian amenities. Conditions of Approval will require a typical detail on the Regulating Plan illustrating the pedestrian amenity to include, at a minimum a bench, a pergola, shade and flowering trees, palms, and shrubs. 2. The Waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development; and, The applicant has mitigated the impact by providing 4 additional pedestrian connections/amenities as appropriate throughout the plan. All Petitions Condition 2 for the Type II Waiver (Exhibit C-2) has been provided to require the minimum of 3 pedestrian amenities and compliance with the Preliminary Street Layout Plan Figure 5. Staff has determined that based on the above findings, the proposed development complies with the standards by the applicable provisions of the Code and have satisfied Standards 1 and 2 indicated above; therefore Staff is recommending approval of the Type II Waiver. ZC April 2, 2015 Page 364

10 3. The alternative design option recommended as part of the Waiver approval, if granted, will not adversely impact adjacent properties. The proposed alternative design will not adversely impact adjacent properties. ZC April 2, 2015 Page 365

11 CONDITIONS OF APPROVAL Exhibit C-1 Type II Variance - Concurrent VARIANCE 1. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/W/PDD (ONGOING: MONITORING - Zoning) 2. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (BLDG PERMIT: BLDG - Zoning) (BLDGPMT/ONGOING: BUILDING DIVISION - Zoning) 3. Prior to application for a Building Permit for any Single Family unit with a building coverage greater than 40%, the Final Subdivision Plan shall be amended to include the approved Variance Chart. (BLDGPMT: BUILDING DIVISION - Zoning) 4. The Variance applies to only one (1) story Single Family units. Two (2) story Single Family units shall be limited to a maximum of 40% building coverage or be subject to Type I Variance approval. (BLDGPMT/ONGOING: BUILDING DIVISION - Zoning) 5. Prior to issuance of a Building Permit for any Single Family unit with a building coverage greater than 40%, a Landscape Plan must be submitted for review and approval showing the location of the required trees with a minimum of one (1) tree per each one thousand (1,000) square feet of gross lot area. (BLDGPMT: BUILDING DIVISION - Zoning) COMPLIANCE 6. In granting this Approval, the Zoning Commission relied upon the oral and written representations of the Property Owner/Applicant 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 Board of County Commissioners for review under the compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) 7. Failure to comply with any of the Conditions of Approval for the subject property 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; the 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 Unified Land Development Code 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 the 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 Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC April 2, 2015 Page 366

12 CONDITIONS OF APPROVAL Exhibit C-2 Type II Waiver ALL PETITIONS 1. The approved Preliminary Street Layout Plan (PSLP) is dated February 19, Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. 2. The approved Preliminary Street Layout Plan (PSLP) is dated February 19, Three (3) pedestrian amenities shall be provided which shall provide interconnection with adjacent amenities and pedestrian systems. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant 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 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 subject property 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; the 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 Unified Land Development Code 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 of Approval; 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 the 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 Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC April 2, 2015 Page 367

13 CONDITIONS OF APPROVAL Exhibit C-3 PDD- Residential Planned Development District 1. Development of the site is limited to the site design approved by the Board of County Commissioners. The approved Preliminary Master Plan is dated February 23, 2015 pages 1 and 2, and February 19, 2015 pages 3 and 4. All modifications to the Development Order must be approved by the Board of County Commissioners or Zoning Commission, unless the proposed changes are required to meet Conditions of Approval. (ONGOING: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. 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 Art. 2.E of the Unified Land Development Code. (DATE: MONITORING - Engineering) b. Building permits for more than 217 single family dwelling units shall not be issued until the contract has been awarded for the construction of a second east approach left turn lane at the intersection of Atlantic Avenue and Lyons Road. 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 acquisition of any additional required right-of-way. (BLDGPMT: MONITORING - Engineering) c. Certificates of Occupancy for more than 217 single family dwelling units shall not be issued until construction of a second east approach left turn lane at the intersection of Atlantic Avenue and Lyons Road is complete. (BLDGPMT/CO: MONITORING - Engineering) 2. The Property Owner shall construct a right turn lane south approach on SR-7 at the project's entrance road. The turn lane shall be a minimum of 280 feet in length plus a 50 foot taper and 12 feet in width, unless otherwise approved by the Florida Department of Transportation and the County Engineer. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right of way. a. Permits required from the Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first building permit. (BLDGPMT: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) 3. Prior to issuance of the first building permit, the Property Owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. The platting of this property may be phased in accordance with a phasing plan acceptable to the Office of the County Engineer and approved by the Development Review Officer. A phase should not be larger than what would reasonably be expected to be completed within the time frame of the posted surety. (BLDGPMT: MONITORING - Engineering) 4. Prior to recordation of the plat, the Property Owner shall have the conservation easement released. (PLAT: ENGINEERING - Engineering) 5. The Property Owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for: Half Mile Road, thirty (30) feet, measured from centerline of the proposed right of way on an alignment approved by the County Engineer. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, ZC April 2, 2015 Page 368

14 whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. 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, including a topographic survey. The Property Owner must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Property Owner, the Property Owner agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney's fees as well as the actual cost of the clean up. Thoroughfare Plan Road right of way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include, where appropriate as determined by the County Engineer, additional right of way for Expanded Intersections and Corner Clips. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector's Office, shall be submitted by the Property Owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering) 6. Prior to issuance of the first building permit, the Property Owner shall provide to Palm Beach County sufficient public 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 the ultimate section of those segments of Half Mile Road along the property frontage; and 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 water quality, water quantity and, when necessary, compensating storage capacity within this project's system as required by all permitting agencies, as well as conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County, the applicable Drainage District, and 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. Specifically, one through lane in each direction must be open during the 25-year, 3-day storm and the elevation for the 3-year, 1-day storm event shall provide sufficient freeboard to allow for efficient roadway drainage system design. 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. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering) ENVIRONMENTAL 1. Provide a Phase II Environmental Audit, consistent with DEP best management practices, for the development parcel with emphasis on areas proposed for residential development, prior to DRO Master Plan approval. (DRO: ENVIRONMENTAL RESOURCES MANAGEMENT - Environmental Resources Management) LAKE WORTH DRAINAGE DISTRICT 1. LIBERTY TRUST PRESERVE NO 24 (LWDD) Prior to platting, approval from LWDD for Technical Compliance, or the issuance of any LWDD permits, the owner shall convey to LWDD either by warranty deed or exclusive easement deed the south 5 feet Tract 45, Block 51, PBFCP3, PB 2/45 for the L-23 Canal. LWDD will provide and record the conveyance document. (PLAT: ENGINEERING - Lake Worth Drainage District) 2. LIBERTY TRUST PRESERVE NO 2 (LWDD) Prior to platting, approval from LWDD for Technical Compliance, or the issuance of any LWDD permits, the owner shall convey to LWDD either by warranty deed or exclusive easement deed the ZC April 2, 2015 Page 369

15 south 10 feet of the north 55 feet of Tracts 69-71, Block 45, PBFCP3, PB 2/45 for the L-21 Canal. LWDD will provide and record the conveyance document. (PLAT: ENGINEERING - Lake Worth Drainage District) PLANNED DEVELOPMENT 1. Prior to recordation of the first plat, all property included in the legal description of the application 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 (POA), 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; and, 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 Development Area. This Declaration shall be amended when additional units are added to the PUD. (ONGOING/PLAT: ENGINEERING - County Attorney) 2. Prior to Final Approval by the Development Review Officer, the Subdivision and Regulating Plan, the Applicant shall indicate the proposed three (3) cul-de-sac pedestrian amenities, that will be provided in the open spaces that will be terminated in the cul-de-sac, and the one (1) focal point, to include but not limited to a minimum bench, a pergola, shade and flowering trees, palms, and shrubs to and provide connection to the on-site pedestrian system. (DRO/ONGOING: ZONING - Landscape) PLANNING 1. The PUD shall be limited to a maximum of 282 dwelling units and shall meet 60/40 AGR-PUD requirements. All units associated with the preserve parcels shall be assigned to the Development Area. No approved, unbuilt units may be transferred outside the Development Area. (ONGOING: PLANNING - Planning) 2. Prior to approval by the Development Review Officer (DRO) of the Final Master Plan for the Development Area, a management plan for each preservation parcel shall be submitted. The management plan shall contain a legal description and sketch of the parcel, with a clear boundary of the area to be preserved overlaid onto a clear and legible aerial photograph, an inventory of existing uses, structures and environmental assets on the site, and a plan for exotic removal and maintenance. (DRO: PLANNING - Planning) 3. The Master Plan PMP-4 shall display a Preservation Area/Proposed Uses notes section that contains the same language as the Conservation Easement, to include the following: The purpose of the Preserve Area(s) are to support, preserve and perpetuate bona fide agricultural and open space uses of the Property, and to preserve any environmentally significant upland or wetland habitats located on the Property. 1. Permitted Uses. Grantor may use the Property for: a. Crop production, pasture, equestrian activities, wholesale or retail nursery operation or fallow land; b. Construction and maintenance of structures essential to the uses listed in subsection 1a., above, such as barns, stables, pumps, and pump houses, but specifically excluding agricultural support structures such as processing facilities, which are prohibited; c. Maintenance and occupation of security, caretaker, farm worker or grooms quarters, or other residential structure provided that the quarters or structure is used solely for one of the purposes listed under Table 3.E.1.B of the Code, any applicable special permit is obtained for such use, and requisite density exists on the Property for such use; d. A Water Preserve Area if designated by the South Florida Water Management District ( SFWMD ), or for regional water management purposes as certified by either Lake Worth Drainage District or ZC April 2, 2015 Page 370

16 SFWMD, or for water management purposes not directly related to the Project if approved by the Palm Beach County Department of Environmental Resources Management ( ERM ) and managed for environmental resource values; e. Wetland restoration and maintenance, or bona fide agriculture as defined by the Code; and f. Those other activities authorized within a Preservation Area under Table 3.E.1. B of the Code and consistent with applicable provisions of the Comp Plan. 2. Prohibited Uses. Any use of or on the Property that is not specifically listed or included in Section 1, above, or that is inconsistent with agricultural, environmentally significant uplands or wetlands, or open space preservation is prohibited. (ONGOING: PLANNING - Planning) 4. Prior to recordation of a Plat for the Development Area, the applicant is responsible for the recordation of the Conservation Easements for all of the Preserve parcels, and include on said easements, language limiting these parcels to Agricultural Reserve preservation uses as permitted by the Comprehensive Plan Objective 1.5 and Policies of the Future Land Use Element. Title insurance for these easements shall be provided to Palm Beach County subject to approval by the County Attorney and in an amount acceptable to the Department of Environmental Resources Management and the Planning Division. Should the conservation easements not be placed on these properties in a form acceptable to the County Attorney prior to March 1, 2018, then the approval of this Development Order (DO) shall be scheduled for review by the Board of County Commissioners. (DATE/PLAT: MONITORING - Planning) 5. Prior to recordation of a Plat for the Development Area, a recorded release for the SFWMD conservation easements recorded in ORB11237 at Page709, ORB at Page1812 and ORB11555 at Page 983, shall be submitted to Planning. Should a release not be obtained the Master Plan and Site Plan shall be amended to include the SFWMD conservation boundaries within the site design. (PLAT: MONITORING - 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 acre public civic site (net usable area - excluding buffers), in a location and form acceptable to Facilities, Development & Operations Department (FD&O) by April 3, 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 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 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 Property Owner to assign sufficient traffic trip capacity such that the traffic volume associated with a County facility shall be attached to the civic site and recorded on the concurrency reservation for the entire PUD. 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 no County use is applied to the civic site, Property Owner shall assign sufficient traffic trip capacity equivalent to the number of units the civic would support if it were a residential pod. c) Taxes ZC April 2, 2015 Page 371

17 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 Property Owner shall provide all retention, detention, and drainage required for any future development of the proposed civic site by the County. 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 Property Owner's property from the proposed civic site to the retention basins, if required. f) On-Site Inspections By acceptance of these conditions 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 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 Property Owner to provide water, sewer, reclaim water stubbed out to the property line and other required utilities as determined by PREM. (DATE: MONITORING - Property Real Estate Management) 2. Survey The Property Owner shall provide the County with a survey certified to Palm Beach County of the proposed civic site by March 1, 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 set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J for a Boundary Survey pursuant to section , Florida Statutes. 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 - Property Real Estate Management) 3. Environmental Survey The Property Owner shall provide PREM with an Environmental Assessment certified to Palm Beach County of the proposed civic site by March 1, The minimum assessment which is required is ZC April 2, 2015 Page 372

18 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. 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 - Property Real Estate Management) 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. 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. (PLAT: PROPERTY REAL ESTATE MANAGEMENT - Property Real Estate Management) SCHOOL BOARD 1. 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) for the most current school assignment(s). (ONGOING: SCHOOL BOARD - School Board) ZC April 2, 2015 Page 373

19 2. Prior to the issuance of the first Certificate of Occupancy (CO), the 10' by 15' school bus shelter shall be constructed by the Property Owner in a location and manner acceptable to the Palm Beach County School Board. Provisions for the school 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 shall be the responsibility of the residential Property Owner. (CO: MONITORING - School Board) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant 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 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 subject property 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; the 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 Unified Land Development Code 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 of Approval; 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 the 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 Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC April 2, 2015 Page 374

20 Figure 1 Land Use Map- Development Area ZC April 2, 2015 Page 375

21 Figure 2 Land Use Map- Preserve Parcels ZC April 2, 2015 Page 376

22 Figure 3 Zoning Map Development Area ZC April 2, 2015 Page 377

23 Figure 4 Zoning Map Preserves ZC April 2, 2015 Page 378

24 Figure 5 Aerial - Development Area ZC April 2, 2015 Page 379

25 Figure 6 Aerial Preserves ZC April 2, 2015 Page 380

26 Figure 4 Preliminary Master Plan dated February 23, 2015 Page 1 ZC April 2, 2015 Page 381

27 Figure 4 Preliminary Master Plan dated February 23, 2015 Page 2 ZC April 2, 2015 Page 382

28 Figure 4 Preliminary Master Plan dated February 19, 2015 Page 3 ZC April 2, 2015 Page 383

29 Figure 4 Preliminary Master Plan dated February 19, 2015 Page 4 ZC April 2, 2015 Page 384

30 Figure 5 Preliminary Street Layout Plan dated February 19, 2015 ZC April 2, 2015 Page 385

31 Exhibit D: Disclosures ZC April 2, 2015 Page 386

32 ZC April 2, 2015 Page 387

33 ZC April 2, 2015 Page 388

34 ZC April 2, 2015 Page 389

35 ZC April 2, 2015 Page 390

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44 ZC April 2, 2015 Page 399

45 ZC April 2, 2015 Page 400

46 ZC April 2, 2015 Page 401

47 ZC April 2, 2015 Page 402

48 Exhibit E: COBWRA Letter Dated February 26, 2015 ZC April 2, 2015 Page 403

49 Exhibit F: Applicant s Justification Statement Type II Variance ZC April 2, 2015 Page 404

50 ZC April 2, 2015 Page 405

51 ZC April 2, 2015 Page 406