PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Petition No.: Z Petitioner: Garrett Bender & Mitch & Teri Gevinson Owner: Garrett Bender & Mitch & Teri Gevinson Agent: Joe Lelonek Telephone No.: (561) Project Manager: Greg Fajardo, Planner I Location: Northwest corner of Barwick Road and Ridgewood Road (Barwick Road Property). Title: Official Zoning Map Amendment. Request: Rezoning from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District with a Conditional Overlay Zone (COZ). PETITION SUMMARY: Proposed is the rezoning of 8-acres of land from the Agriculture Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District to allow for the development of 21 single-family units, 5 of which are being requested through the Transfer of Development Rights (TDR) program. The program allows a property owner to achieve a density bonus by purchasing the increase in density from the Palm Beach County TDR bank. Development rights for the TDR bank are generated from environmentally sensitive lands purchased by the County. The proposal also indicates a 1.46-acre lake area and access to the site will be from Barwick Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined that the requests are consistent with the site s Low Residential 3 (LR-3) future land use designation and the Transfer of Development Right (TDR) provisions of the Palm Beach County Comprehensive Plan. The following is a density comparison analysis under the LR-3 land use designation for the 8-acre site: Maximum Allowable Density based on 8-acres Standard Maximum with TDR Proposed TDR units Total units per acre 2 du/ac 6 du/ac 2.6 du/ac Number of Units The proposed request for 21 units, including a TDR request, exceeds the maximum (standard) density. However, the Plan does permit a maximum of 48 units with the maximum amount of requested TDR units on this LR-3 FLU designated parcel. The site is also in the Revitalization and Redevelopment overlay of the Urban/Suburban Tier. Petition Z BCC District 4 Page 102

2 o Compatibility with Surrounding Land Uses Property to the north of the subject site supports a residential use. To the south exists undeveloped properties within the municipal boundaries of the city of Delray Beach. To the east, across Barwick Road, is a church (Petition ) and residential (Petition ). To the west is the Cocoa Pines Estates PUD (Petition (A)). Subject to the recommended conditions of approval, staff does not anticipate any adverse impacts from the request. o Transfer of Development Rights (TDR) Program The TDR program is designed to redistribute population densities or development potential, and to encourage the most appropriate and efficient use of resources, services and facilities. Development rights for the TDR bank are generated from environmentally sensitive lands purchased by the County. The Planning Division had made a determination that the subject site is located in an appropriate receiving area, and meets the requirements needed to qualify for the maximum increase in density permitted under the program. A total of 5 TDR units are requested and will be subject to the approval of the Development Review Officer at the purchase price of $15,837 per TDR unit, for a total of $79,185. o Traffic The Engineering Department estimates the request will generate approximately 210 trips per day. o Conditional Overlay Zone (COZ) The petitioner has agreed to a COZ. The COZ ensures compliance of engineering conditions of approval. o Landscape/Buffering Pursuant to Article 3.D of the ULDC, property that is less than 12-acres in size will be exempt from the TDR buffer requirements. The petitioner is proposing to provide a 15- foot wide right-of-way buffer along the south and east property lines abutting Ridgewood Road and Barwick Road. Staff is recommending upgraded planting material to help mitigate the visual impact from the Barwick Road and Ridgewood Road right-of-ways. A 10-foot compatibility buffer is proposed for the north property line abutting residential and the west property line abutting the Cocoa Pines Estates PUD ( A). o Signs The petitioner is proposing to provide a pair of entrance signs at the projects entrance on Barwick Road. Staff is recommending reduced sign dimensions for the Barwick Road entrance of 6-feet in height and 60 square feet of sign face area per side to reduce the visual impact of signage on the neighboring residential uses. o Infill Subdivisions The ULDC allows Single-Family dwelling units in projects that utilize the TDR Program to be developed according to the Single-family Residential (RS) property development regulations. The petitioner is proposing minimum lot dimensions of 70-feet (width) by 125-feet (depth). Petition Z BCC District 4 Page 103

3 o Zoning Commission (ZC) Hearing At the March 4, 2004 ZC hearing the commission questioned the design of the project, specifically the orientation of the lake and why pedestrian connections were not included in the site plan as suggested by staff. Planning staff indicated that this type of amenity is generally suggested to further the County s Comprehensive Plan and should be incorporated if possible. The petitioner indicated that a pedestrian pathway would require people to walk in close proximity to the back yards of the homes that are located along the lake. This is generally not acceptable to the residents of these homes. The petitioner agreed to all of the conditions of approval and the ZC voted unanimously on favor of the request. TABULAR DATA Property Control Number(s) EXISTING , 7360, 7370 PROPOSED Pending Tier: Urban/Suburban Same Land Use Designation: Low Residential 3 (LR-3) Same Zoning District: Agricultural Residential (AR) Residential Transitional/Conditional Overlay Zone (RT/COZ) Use: Vacant Residential Acreage: 8.0 acres Same Dwelling Units: N/A 21 Density: N/A 2.63 units/ac Access: None Barwick Road PUBLIC COMMENT SUMMARY: At time of publication, staff had received 1 letter in support, and 2 letters in opposition. The comments generally indicate concern with additional traffic in the neighborhood. RECOMMENDATION: Staff recommends approval of the request, subject to 14 conditions as indicated in Exhibit C. ACTION BY THE ZONING COMMISSION: March 4, 2003: Motion to recommend approval of the request as advertised, carried 5-0. MOTION: To adopt a resolution approving the rezoning from the Agricultural Residential Zoning District to the Residential Transitional Zoning District with a Conditional Overlay Zone. Petition Z BCC District 4 Page 104

4 Zoning Quad Map 36 Future Land Use Map 94 Aerial Petition Z BCC District 4 Page 105

5 Proposed Site Plan NOSN I I\3~ H:J.LIW ~O::l a3~'q'd3~d,u'll3do'lld avo'll )I:::lIM'llVS, i j;~ _J _ m,-,~ lh hj rmr:-:'g ~i - -,-, -_..,I, i ~ ~I I \,. """.. ; j : r ~",+-"- i I r-~n+--! ----;rlil -J, ~ -",", ~. -, ", f---l!lif--li- I', ~. - j L Petition Z BCC District 4 Page 106

6 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 3 (LR-3) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: This project is not entitled to the maximum amount of units allowed under PUD density thresholds, since the site is less than 30 acres, which is the minimum size required to attain maximum PUD density in the LR-3 FLU designation. It should be noted that, prior to Development Review Officer (DRO) certification, the applicant originally requested a desire to revise this zoning application to remove the request for additional TDR units in lieu of a determination that this site would qualify as an infill property under FLUE Policy a (17-FLUE) which states that Palm Beach County shall allow parcels that cannot fulfill the minimum acreage requirements for a Planned Development to develop consistent with the character, intensity and density of the existing built environment. This policy is only applicable provided certain criteria are met. In a letter dated September 18, 2003, Planning Staff indicated it could not support the potential development of the subject property at a density of three units per acre under FLUE Policy a, based on information regarding the densities of surrounding properties (See attached letter). Based on this determination, the applicant proceeded with the TDR request. According to FLUE Policy 2.6-g, an applicant may request up to 4 TDR units per acre, in the Revitalization and Redevelopment Overlay (67-FLUE). The site is in the Revitalization and Redevelopment Overlay of the Urban/Suburban Tier; therefore it may qualify as a receiving area. The applicant has requested approximately 0.7 additional TDR units per acre or an additional 5 TDR units for a total of 21 units on the site. The maximum units are calculated as follows: (8.00 ac. X 2 du/ac= 16 units) + (8.00 ac. X 4 TDR units=32 units)--total = 48 units 8.00 acres X 2 du/ac = 16 units maximum (standard) non-pud density The proposed request for 21 units, including a TDR request, exceeds the maximum (standard) density. However, the Plan does permit a maximum of 48 units with the maximum amount of requested TDR units on this LR-3 FLU designated parcel. According to FLUE Policy 2.6-I (68-FLUE), the TDR price is determined by the Board of County Commissioners (BCC). As part of the 2003 Annual TDR Report, the BCC established a price of $15,837 per TDR unit. The TRANSFER OF DEVELOPMENT RIGHTS (TDR) SUPPLEMENTAL APPLICATION reflects this purchase price. Contingent upon BCC approval, the proposal qualifies for designation as a TDR Receiving Area and would be consistent with the LR-3 land use designation and TDR density provisions of the Palm Beach County Comprehensive Plan. The applicant s site plan was reviewed for consistency with policies in the Comprehensive Plan that encourage vehicular and pedestrian connectivity both within and between sites and discourage the use of dead end streets in favor of through streets, including FLUE Policy 4.3-g (77-FLUE), TE Policy 1.4-g, TE Policy 1.4-h, TE Policy 1.4-i (39-TE), and TE Policy 1.9-j (48-TE). Prior to DRO site plan certification, Staff looked at an opportunity for a vehicular and pedestrian connection to the underdeveloped parcel to the north of the site and Petition Z BCC District 4 Page 107

7 determined that a connection to this parcel would not be appropriate given the locations of the existing single family residences to this site s property line. In addition, Staff also looked at the feasibility of providing a connection to Ridgewood Road to the south of the site where the cul-de-sac is located and determined that the amount of units requested on this site and the short length of Ridgewood Road made a connection unnecessary. In addition, the site plan was reviewed for consistency with FLUE Policy 4.3-i (77-FLUE), which promotes walkable site design by specifying placement of open space and establishing pedestrian system linkages. In order to comply with this policy, prior to DRO site plan certification, Staff encouraged the applicant to consider revising the site plan to provide pedestrian connections to the recreation and civic areas and a pathway system around the lake area that connects up with the recreation and civic areas. However, the applicant then submitted a revised site plan that even further altered amenities on the site. Although the lake tract remained on the site plan, the applicant s certified site plan removed the 0.22 recreation area and 0.16-acre civic area from the northeastern corner of the site and replaced them with a 0.10-acre and 0.50-acre open space tract. There also is not a pedestrian connection to the lake area from the open space tract nor a pathway around the lake. As a result of these suggested revisions not being included on the certified site plan, the site plan does not further policies in the Plan regarding walkable site design and could have been further improved if site design suggestions had been incorporated into the site s design. TIER: The subject property is in the Revitalization and Redevelopment Overlay of the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/ INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area, and within one mile, of the City of Boynton Beach. The site is also within one mile of the Village of Golf and the City of Delray Beach. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: FLUE Policy 4.3-b states, Palm Beach County shall encourage the development of positive community identification and appearance by implementing unique architectural and site design themes for different areas of the County in conjunction with development of any Community or Neighborhood Plans (FLUE-76). The property is located within the Dunes Road/Barwick Road Area Countywide Community Revitalization Team (CCRT) area. This is a potential CCRT Target Area. However, at present, there are no recommendations established for this area that require compliance. The subject site is also located within the boundaries of the West Boynton Area Community Plan (WBACP) and, as such, was reviewed for consistency with recommendations from the Plan. The proposal is consistent with the following recommendation of the West Boynton Area Community Plan (WBACP): Rec. 23: In general, densities within the West Boynton Area Community Plan should gradually decrease as one moves westward, with higher densities located in the eastern more urban fringe and less urban densities located in the western areas. The proposed gross density of 2.7 units per acre is compatible with the site s location east of Military Trail in the southeastern corner of the WBACP. Prior to DRO certification, the proposal was determined to be inconsistent with the following WBACP recommendations: Petition Z BCC District 4 Page 108

8 Rec. 37: As development occurs, improve pedestrian linkages between residential and non-residential as well as connections within neighborhoods by: 1) increasing the number and quality of pedestrian paths or sidewalks; 2) eliminating physical barriers; and 3) locating transit stops within easy walking distance to all residents. Improvements to pedestrian circulation on site could include: a pedestrian path from the cul-de-sac to the lake tract south of lot 9, a path from the entry road to the lake tract east of lot 1, and a gated path from the southeast corner of the site to the sidewalk planned along Barwick Road from the lake tract. Rec. 40: For new residential developments, encourage cut-through linkages for pedestrian and bicycle access to transit. Encourage developers of new master plans to include specific circulation planning for pedestrian and bicycle access. Improvements to pedestrian circulation on site could include: a path from the culde-sac to the lake tract south of lot 9, a path from the entry road to the lake tract east of lot 1, and a gated path from the southeast corner of the site to the sidewalk planned along Barwick Road from the lake tract. The proposal is determined to be neither consistent nor inconsistent with the following WBACP recommendations: Rec. 35: Discourage the use of dead-end streets, loop streets and oversized blocks in favor of through-street (collectors) and shorter blocks. Provide cut-throughs for pedestrian access to transit. Promote the landscaping of rights-of-way. The proposed site plan indicates a 50-foot right-of-way terminating in a cul-desac. Site-specific factors, such as an existing 20 feet unpaved right-of-way easement and a canal, limit potential vehicular connections to adjacent sites. Rec. 47: Encourage pedestrian and bicycle linkages between residential and non-residential land uses, especially for commercial and open space. The subject site is not immediately adjacent to any commercial uses. However, improvements to pedestrian and bicycle circulation on site could include: a path from the cul-de-sac to the lake tract south of lot 9, a path from the entry road to the lake tract east of lot 1, and a gated path from the southeast corner of the site to the sidewalk planned along Barwick Road from the lake tract. Analysis: The site is consistent with Rec. #23 since the proposed density of the singlefamily development is compatible with the surrounding area and location within the eastern area of WBACP. The proposal is inconsistent with Recs. # 37 & 40 of the WBACP. Specific improvements to pedestrian circulation on site should include: a path from the cul-de-sac to the lake tract south of lot 9, a path from the entry road to the lake tract east of lot 1, and a path from the southeast corner of the site to the sidewalk planned along Barwick Road from the lake tract. The project is neither consistent nor inconsistent with WBACP Rec. # 35 & 47. Site-specific factors, such as an existing 20 feet unpaved right-of-way easement and a canal, limit potential vehicular connections to adjacent sites. Although the site is not adjacent to any commercial uses, site design improvements in accordance with Rec. # 47 could be made to improve pedestrian access to the lake tract and recreation area through the use of paths that connect with planned sidewalks in multiple locations. Petition Z BCC District 4 Page 109

9 Conclusions: To be consistent with the WBACP, prior to DRO certification, the site plan needed to be revised to reflect the following: 1) Connect the sidewalk within the cul-de-sac with a path to the lake tract south of lot 9. 2) Connect the sidewalk within the entry road r-o-w with a path to the lake tract east of lot 1. 3) Connect a lakefront path with the sidewalk planned along Barwick Road in the southeast corner of the site. 4) Landscaping of ROW s and pathways/sidewalks shall be landscaped with shade trees. As stated previously in the Section above titled, CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION, the applicant opted to not incorporate suggested site design elements into the site s design that would have also furthered recommendations of the WBACP. Therefore, the proposed request is only partially consistent with recommendations from the WBAP since it does not further recommendations in the WBACP regarding pedestrian circulation and accessibility to amenities on site. FINDINGS: Contingent upon BCC approval of the TDR application, the proposal qualifies for designation as a TDR Receiving Area and is consistent with the LR-3 designation and TDR density provisions of the Comprehensive Plan. The Planning Division recommends a price of $15,837 per TDR unit. It should also be noted that the applicant s certified site plan does not further a policy in the Plan regarding walkable site design and could have been further improved if site design suggestions had been incorporated into the site s design. Also, the proposed request is only partially consistent with recommendations from the West Boynton Area Community Plan (WBACP) since it does not further recommendations in the WBACP regarding pedestrian circulation and accessibility to amenities on site. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 210 trips/day. TRAFFIC: SEGMENT: PRESENT: 10,618 HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: 126 TOTAL: 10,744 PRESENT CAPACITY AT LEVEL OF SERVICE "D": 14,900 PRESENT LANEAGE: 2 Lane Barwick Road Project Entrance Lake Ida Road PALM BEACH COUNTY HEALTH DEPARTMENT: WATER: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. Petition Z BCC District 4 Page 110

10 SEWER: Sanitary sewer service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently vacant, unimproved and contains some native vegetation consisting of Mahogany, Cabbage palm and Live oak which shall be incorporated into the site plan. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No 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. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards). OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS:_In accordance with the adopted School Concurrency Program, an application to allow the development of twenty-one (21) singlefamily units has been approved (concurrency case # C). This property is located within Concurrency Service Area 19. (SAC280B) This project is estimated to generate approximately ten (10) public school students. The schools currently serving this project area are Banyan Creek Elementary, Odyssey Middle, and Atlantic High. The petitioner has been advised that 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 may affect school boundaries. PARKS AND RECREATION: Based on the small size of the development, the developer prefers to cash out versus providing recreational amenities. CONCURRENCY: A Concurrency Reservation for 21 single-family dwelling units has been approved concurrently with this request. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. Petition Z BCC District 4 Page 111

11 DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: An 8-acre site, approximately 561-feet in width with an average depth of 622-feet accessed by Barwick Road. The site is currently vacant. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Low Residential 3 (LR-3) Zoning District: Agricultural Residential (AR) Supporting: Vacant SOUTH: Comprehensive Plan: Medium Residential 5 (MR-5) Zoning District: Agricultural Residential (AR) Supporting: City of Delray Beach/Undeveloped EAST: Comprehensive Plan: Low Residential 3 (LR-3) Zoning District: Residential Single Family/Special Exception (RS/SE) Supporting: Single-Family/Church (Petition , Resolution ) WEST: Comprehensive Plan: Low Residential 3 (LR-3) Zoning District: Residential Single Family/Special Exception (RS/SE) Supporting: Cocoa Pines Estates PUD (Petition A, Resolution ) ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC) a final site plan shall be approved by the Development Review Officer (DRO). The DRO review will ensure compliance with Board of County Commissioners conditions of approval, and applicable sections of the ULDC. FINDINGS: 1. Consistent with Comprehensive Plan. Staff has determined that the proposed development with a gross density of 2.63 du/ac is consistent with the purposes, goals and policies of the Comprehensive Plan, which includes densities and intensities of uses. Contingent upon BCC approval, the proposal qualifies for designation as a TDR Receiving Area and would be consistent with the Low Residential 3 (LR-3) future land use designation and TDR density provisions of the Palm Beach Comprehensive Plan; 2. Consistent with the Code. The proposed amendment is not in conflict with any portion of the Code, and is consistent with the stated purpose and intent of the Code; 3. Compatible with surrounding uses and zones. The request is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property and the appropriate zoning district for the subject property. The design of the proposed use should minimize any adverse effects on the adjacent properties; 4. Changed conditions. The subject site is almost entirely surrounded by residential development. The proposed Residential Transitional (RT) zoning designation is consistent with the subject site s Low Residential 3 (LR-3) land use designation as well as the surrounding properties; 5. Effect on natural environment. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements; Petition Z BCC District 4 Page 112

12 6. Development patterns. The request will result in a logical, timely and orderly development pattern; 7. Consistency with neighborhood plan. Subject to Planning conditions, the proposal would be consistent with the West Boynton Area Community Plan (WBACP); 8. Adequate public facilities. The proposed rezoning complies with Article 11, Adequate Public Facilities. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report Exhibit E: Letter from Planning dated Sept. 18, Petition Z BCC District 4 Page 113

13 EXHIBIT C CONDITIONS OF APPROVAL A. ALL PETITIONS 1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated February 5, 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) B. LANDSCAPING ALONG THE SOUTH AND EAST PROPERTY LINES (RIDGEWOOD ROAD AND BARWICK ROAD FRONTAGE) 1. In addition to code requirements, landscaping and buffering along the south and east property lines shall be upgraded to include one (1) palm tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (CO: LANDSCAPE Zoning) C. PLANNING 1. Prior to final site plan approval by the Development Review Officer (DRO), the site plan shall include street cross section details of a landscaped pathway/sidewalk along the property s frontage along Barwick Road, with canopy trees twenty-five (25) feet on center, in order to provide shade/canopy for the sidewalk along Barwick Road. (DRO: LANDSCAPE/PLANNING Planning) 2. Prior to final site plan approval by the Development Review Officer (DRO), in order to comply with Recommendation 41 from the West Boynton Area Community Plan, the property owner shall provide cross-section details depicting landscaped and shaded sidewalks for pedestrian circulation for all internal sidewalks shown in this project. (DRO: PLANNING Planning) D. 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) 2. Prior to the issuance of the first Certificate of Occupancy (CO), the school bus shelter shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board and the County Engineer. Provisions for the bus shelter shall include, at a minimum, a covered area, continuous paved pedestrian and bicycle access from the subject property or use to the shelter. Maintenance of the bus shelter(s) shall be the responsibility of the residential property owner. (CO: SCHOOL BOARD/ENG School Board) Petition Z BCC District 4 Page 114

14 E. ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after March 25, 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 Chapter E of the Unified Land Development Code. (DATE: MONITORING Eng) 2. Prior to the issuance of the first Building Permit the property owner shall convey a roadway construction easement to Palm Beach County. This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this property owner s road right of way. Construction within this easement shall conform to Palm Beach County Standards. (BLDG PERMIT: ENGINEERING Eng) 3. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Barwick Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT: MONITORING Eng) 4. The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING: ENGINEERING Eng) F. SITE DESIGN 1. Decorative pavement such as paver block or stamped concrete shall be provided at the main entrance of Barwick Road and the cul-de-sac. (CO: LANDSCAPE Zoning) 2. Decorative street lights shall be provided subject to approval by the County Engineer. (CO: LANDSCAPE Eng/Zoning) G. COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the 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; revocation of any concurrency; and/or Petition Z BCC District 4 Page 115

15 b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING Zoning) Petition Z BCC District 4 Page 116

16 EXHIBIT D ACCIDENT HISTORY REPORT One Year Accident History Report Zoning Petition PeMion No. Project Name Intersection Barwick Road West Atlantic Ave. and Barwick Road T otat Number of Accidents lyear / /31 /03 Breakdown of Accidents: Rear End Head On Right Angle Left Tum Side Swipe Backing Up Fixed Object Ped.lBicycle Other Total Daily Volume Through Intersection Project Daily Traffic Using Intersection Project Daily Traffic as % of Total Intersection Ranking by Number of Accidents Intersection Ranking by Rate of Accidents 38, % N/A - 02 C:\OOCUME-llemurrayllOCA.LS-lIT empl2003-0s7.doc Petition Z BCC District 4 Page 117

17 EXHIBIT E September 18, 2003 Department of PIannlng. Zoning Ii. Building 100 hlstnllan Avenue West Palm Beach. FL (561) 23J-5OOO Plannlng Division 233:5300 Zoning Division 23: &1ilding DiVision Code Enforcemenl Contnccors Certification a.dqtinlstntion Office 2J?..s005 Executive Office 23: Palm. Beach CoUftty Board of Collftty"" CommlsskIMn Karen T. Marcus, ChaJr Tony Masilotti. Vice <;htitnwi Jeff fidons \\.?rien H. NeWell Jeffrey Stoven land Design South 2101 Centrepar1< West Drive Suite 100 West Palm Beach, FL RE: Barwick Road Properties ( =-7130, 7360 & 7370) Dear Mr. Stoven: This letter responds to your request for a determination from the Palm Beach County Planning DiVision as to whether Policy a in the Future land Use Element of the CQunty'sComprehensive Plan may be applicable in determining the development potential of the. above. properties. The Comprehensive Plan designates. the properties 3 (a.k.a., Low RemenUal3 or LR-3) on Fuiure Land Use Mas (FLUA) map page 94 and they are zoned Agricuftural ResidenUal (AR). The Property Appraiser's information shows that Lot als 1.65 acres; Lot 7360 totals 3.20 acres; and Lot 7370 totals 3.J6.acres; for a cumulative total of 8.01 acres. The. Pioper1kls' Current Development Potential The LR-3. designation nqmli!liy permits a. maximum density calculation of two (2) units. per acre. for a property totaling less then 30 acres. Thus, the subject properties as one site would have the potential to be developed with 16 units (8.01 acres x 2 units peraere = 16 units). The. Properties' Development Potential Under Policy 1.~.2..a Policy.l.2.2-a allows a property, which does not meet the minimum aereage requirement under its particular land use. designation for development as a Planned Development, to develop consistent witlrthe C:haracter, intensity and density of the existing (emphasis. added) built environment' if the: r.urt Aaronson Addie L Greene 1) 2) 3) Property is less than twelve (12) acres in size. r otal number of proposed units for the property does not exceed the maximum permitted density for the property. Proposed development can meet the requirements of concurrency for the property (p. I?-FLUE). Robert Weisman The policy, in effect, allows. a property the potential for its density to be calculated at the maximum number of units per acre permitted by the property's land use designation, though the property's size does not meet the minimum acreage normally required by that designation to do so. However, the Planning Division cannot support the potential development of the subject properties. at a densl~y of three units per acre under Policy a. based on the following information. Planning staws research shows that none of the properties surrounding the subject properties (hereinafter Identified as the subject property) is developed at a density of or exceeding three units per acre, as follows: Petition Z BCC District 4 Page 118

18 and 7140 border the north side 01 the subject property. The Property Appraise(s infonnation shows that: Lot 7100 totals five (5) acres and is developed with one (1) dwelling unit. This represents a density unit per acre (1 unit divided by 5 acres =.20 unit per acre); and Lot 7140 totals two (2) acres and is developed with 2 units. This represents a density of one unit per acre (2 units divided by 2 acres = 1 unit per acre). Lot 3270 is separated from a portion of the subject property's southern boundary by the Lake Worth Drainage District L-30 Canal. The Property Appraise(s infonnation shows that Lot 3270 totals 1.01 acres and is developed with one dwelling unit This represents a density of one unit per acre (1 unit divided by 1.01 acres = 1 unit per acre). tot3180 is adjacent to the west side 01 Lot 3270 and is also separated from the subject property's southern boundary by the L-30 Canal. The Property Appraise(s inlonnation shows that Lot3180 is in the city limits of Delray Beach, is. owned by the City, totals 6.67 acres, and is devejoped with a couple of warehouses. Cocoa Pines oestates borders the wesf side of the subject property. Information on the plat for CoCoa Pines Estates indicates that this development totats acres and is developed with 62 units. This represents a density units per acre (62 units divided by aeres = 2.11 units per acre). Lots 5010 and 5030 are separated from the subject property's eastern boundary by Barwick Road. The Property Appraise(s inl~!ion shows thatlot5010lotals 1.66 acres and is developed with one unil This represents a density units per acre (1 unit divided by 1.67 acres =0.60 units peraere); and Lot totals 2.00 acres and is veloped with a church. All these properties, except Lots 3270 and 3180, are designated LR-3 and do IIvt meet the minimum threshoid. of 30 acres under this designation for future potential development at a density of three units per acre. Lot 3270 is designated 5 (a.k.a., Medium ResidenUal50r MR-5) on Future land Use Atlas (FLUA) map page 99. Since this property totals less than 20 acres, it has the potential to be developed at a maximum density of lour (4) units per acre under the MR-5 designation. Lot 3180 also was designated MR-5prior its annexation by Delray Beach. It now has a designation of Low Density by the City that allows a maximum density of role units per acre. The Plarming Division, therefore, cannot support the potential development of the subject property at a 'density of 3 units per acre as consistent with policy Such development would be inconsistent with the existing (or potential) densities of all the above-described surrounding properties, except Lots 3180 and The Transfer of Development Rights. Program The Transfer of Development Rights (TOR) program, though, may be an option for pennitting the subject property's development at a density greater than two units per acre. The TOR program allows a property, like the subject property, that is located in one of the county's Revitalization and Redevelopment Overtays to calculate at an additional density of up to four (4) TOR units per acre. This would allow the subject property the potential to. be developed with up to an additional thirty-two (32) units (8 acres x 4 upits per acre = 32 units). These TOR units may be purchased lrom the county's TOR Bank at a cost to be detennined by the Board of County Commissioners. Please contact Planning Division staff member John Rupertus, AICP, at if you wish to further discuss this letter. rely, ~ n Mil er, AICP Principal Planner,~~ Petition Z BCC District 4 Page 119