Location: Approx. 850 feet south of Southern Boulevard on the west side of Benoist Farms Road (Diamond "C" Ranch PUD).

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1 Board of County Commissioners County Administrator Maude Ford Lee, Chair Robert Weisman Warren H. Newell, Vice Chair Karen T. Marcus Department of Planning, Zoning & Building Carol A. Roberts 100 Australian Avenue Mary McCarty West Palm Beach, FL Burt Aaronson Phone: Tony Masilotti Fax: Petition No.: PDD/TDR Petitioner: Palm AFC Holdings Owner: Palm AFC Holdings Agent: William Boose Telephone No.: Project Manager: David Flinchum, Principal Planner Location: Approx. 850 feet south of Southern Boulevard on the west side of Benoist Farms Road (Diamond "C" Ranch PUD). Request: Official Zoning Map Amendment to Planned Development District (PDD) and Transfer of Development Rights (TDR) Rezoning from AR/RE to PUD. Request: to purchase 66 TDR units from the TDR Bank and designate PDD as the receiving area. PETITION SUMMARY: Proposed is a 600 unit Planned Development consisting of 295 single family and 305 zero lot line homes. The preliminary development plan indicates several scattered lakes totaling 62 acres, two upland preserve areas totaling approximately acres, a 5.34 acre parcel designated for public civic use and several recreation areas totaling 8.34 acres. The preliminary development plan also indicates the Planned Development will use the existing western access from Pioneer Road to State Road 7/US 441and have two access points on either side of the future Lyons Road extension. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the proposed rezoning from AR and RE to PUD and the Transfer of Development Rights (TDR) application, TDR 1 to purchase an additional 66 TDR units for a total of 600 and overall development density of 2.25 units per acre. The following is a density comparison chart under the LR-2 future land use designation for this acre parcel: MAXIMUM ALLOWABLE DENSITY Minimum Density (1.0 units/ac) Standard Density (1.5 units/ac) PUD Density (2.0 units/ac) PUD Density w/ TDR (2.25 units/ac) Total Units The proposed request is for 600 units which exceeds the maximum (standard) density permitted under the LR-2 future land use designation unless approved with a TDR application. The PUD maximum density is also not an entitlement for a Planned Development District but can be granted to a petitioner meeting exemplary design

2 standards. This project was certified by the April 26, 2000 Development Review Committee. The proposed Preliminary Development Plan dated May 5, 2000 was revised to reflect the current policies in the Comprehensive Plan and in the ULDC (adopted March 29, 2000) which address compatibility for TDR projects in terms of perimeter buffering, site design, proposed building type and density compared with adjacent lands. Staff is recommending that the price of $9, for a TDR unit be applied to this project. o Compatibility with Surrounding Land Uses To the north is the 130' West Palm Beach C-51 Canal and the 220' Southern Boulevard right of way. To the northeast are 39 residences in the Whispering Oaks single family community (1.67 du/ac.) and to the northwest is the Westwoods PUD with 49 homes (.91 du./ac.). Along the southern property line of the proposed development are 1-15 acres parcels with scattered single family residences and some vacant parcels. The primary access for these southern parcels is from Pioneer Road west to SR7/441 and Pioneer Road east to Marginal Road and to Benoist Farms Road. There is a Palm Beach County Fire Rescue station located on the west side of Benoist Farms Road at the eastern portion of this property. The petitioner has agreed to limit perimeter homes to a single story and not to exceed twenty-five (25) feet in height. This limitation would not apply to proposed homes as indicated on the Preliminary Development Plan dated May 5, 2000 located adjacent to the C-51 Canal, the 160' FPL easement, internal 80' right of ways, the future Lyons Road extension or proposed home sites separated by a perimeter lake tract. o Traffic The Traffic Division has indicated this project is expected to generate 6000 trips/day and meets the new Southern Boulevard Arterial (ART) Plan. The proposed Planned Development will use the property s existing western access from Pioneer Road to State Road 7/US 441and have two access points on either side of the future Lyons Road extension. There will be no access to Benoist Farms Road. o Preserve Areas The location of the eastern 8.27 acre eastern preserve is acceptable as shown on the plan prepared by Land Design South, dated 4/11/2000. The presently proposed 5 acre preserve located contiguous to the LWDD L-5 Canal may be relocated on-site, or may be subject of tree relocation and enhancement. Final plans to be approved by PBC ERM prior to final DRC Certification of the Preliminary Development Plan. o Landscape/Buffering Perimeter buffering for TDR projects is determined by site design, proposed building type and density compared with adjacent lands. Staff is recommending no reduction in width for any of the perimeter landscape and compatibility buffers be permitted. Staff recommends the petitioner install a perimeter six (6) foot high vinyl coated chain link fence along the entire western property line from Pioneer Road north to the project s proposed north buffer wall parallel to the southern Boulevard/C-51 Canal to address trespassing concerns raised by Westwoods PUD. Staff would also recommend upgraded landscaping with an undulating berm on both sides of the future Lyons Road extension. o Flexible Regulations and Administrative Deviations/Exemplary projects The petitioner is requesting a reduction in proposed front setbacks and increased lot coverage for both the zero lot line and single family homes.

3 PROPOSED ADMINISTRATIVE DEVIATION/FLEXIBLE REGULATIONS Property Development Regulations Code Admin. Deviation (10% Max.) Flexible Regs (20% Max.) Proposed Reduction/ Increase Front Setback (ZLL and single family) Lot Coverage (ZLL and single family) 25' 22.5' % 44% o Exemplary Projects The ULDC allows PUD applications to apply for flexible regulations and minor deviations from the property development regulations (i.e. minimum lot size and dimensions, setbacks, building coverage, etc.). These are subject to review and approval by the Development Review Committee (DRC). The intent of these provisions is to provide incentives for creative design, not to replace a variance. The petitioner must demonstrate that the PUD design is exemplary in order to receive the requested administrative deviations. The petitioner has agreed to provide the following: a. Additional street trees to be provided at one per forty linear feet on one side of the street if streets are 40' wide minimum and on both sides of the street if streets are 50' wide minimum; b. Varied building elevations and color schemes; c. No reductions for side interior setbacks for the townhomes; d. Focal points within a neighborhood recreation area or open space tract; e. Focal points at the roundabout area and the adjacent open space and f. Utilize perimeter canals and proposed water bodies, open space and perimeter buffers to minimize potential impacts on the adjacent residential uses. Staff has determined that the proposed development meets the PUD design objectives and supports both requests for the setback reduction and the increased lot coverage provided the following design elements are incorporated to vary the neighborhood streetscape and building massing. o Signs The ULDC allows residential entry wall signs which identify the name of the development and limits the size to a maximum height of eight (8) foot high and sixty (60) square feet sign face area. TABULAR DATA EXISTING PROPOSED Property Control Number(s) ; ; ; -0012; -0100; ; -0140; -0150; ; -0241; ; -0022; -0040; New

4 Land Use Designation: Zoning District: Low Residential 2 (LR- 2) Agricultural Residential and Residential Estate (AR/RE) Same Residential Planned Unit Development (PUD) Use: Residential/agricultural Residential Planned Development Acreage: Acres Same Dwelling Units: total (534 and 66 TDR) Density:.01 units/ac 2.25 units/ac Access: Pioneer Road (1) Pioneer Road (1) and Lyons Road Extension (2) PUBLIC COMMENT SUMMARY: At time of publication, staff had received 1 letter in support and 1 letter requesting security fencing on the west property line. Staff has received several phone calls generally concerned with perimeter buffers, neighborhood trespassing, traffic and loss of native vegetation. RECOMMENDATION: Staff recommends approval of the request, subject to 42 conditions as indicated in Exhibit C and 7 TDR conditions as indicated in Exhibit C.1. MOTION: To recommend approval the request for an Official Zoning Map Amendment (PDD) from Agricultural Residential and Residential Estates (AR and RE) to Planned Unit Development (PUD). MOTION: To recommend approval of the request for a Transfer of Development Rights (TDR) to purchase 66 units and designate PDD as the receiving area.

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8 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS LAND USE PLAN DESIGNATION: Low Residential 2 (LR-2) Underlying Land Use: None CONSISTENCY WITH LAND USE PLAN DESIGNATION: The Planning Division has reviewed the proposed rezoning from AR and RE to PUD. A Transfer of Development Rights (TDR) application, TDR 1, has also been submitted to the Zoning Division requesting to purchase an additional 66 units, for a total of 600 units. According to Policy 2.6-g in the Comprehensive Plan, an applicant may request up to 2 additional TDR units per acre (a maximum of 4 units per acre), in the area east of the Urban Service Area Boundary and west of the Florida Turnpike (69-FLU). The site is in the Urban Service Area and in the Urban/Suburban Tier; therefore it qualifies for designation as a receiving area. The applicant has requested an additional.25 units per acre. The minimum and maximum units were calculated as follows: ac X 4.0 du/ac = 1,068 maximum with a PUD & full TDR purchase ac X 2.25 du/ac = 600 units (applicant s request- maximum with a PUD & a TDR purchase of.25 units) ac X 2.0 du/ac = 534 units maximum with a PUD ac X 1.5 du/ac = 400 units maximum (standard) without a PUD ac X 1.0 du/ac = 267 units minimum The proposed request is for 600 units which exceeds the maximum (standard) density permitted under the LR-2 future land use designation. The Plan does permit a maximum of 600 units for a planned unit development (PUD) with additional requested TDR units. However, according to Section 6.8 of the ULDC, in order to achieve the PUD maximum, which includes the additional TDR units, the project must be exemplary, exceeding the minimum requirements of Section 6.8 of the ULDC. The PUD maximum is not an entitlement for the use of a Planned Development District. The Zoning Division section of this staff report addresses the project's compliance with exemplary design standards. TDR applications proceed through the rezoning process. The applicant submitted the application in December 1997, but was not deemed complete (certified) by the DRC until April 26, The County Attorney has advised the Planning Division that the project must be reviewed in accordance with the rules and regulations in effect at the time of certification (the Future Land Use Element effective date was November 12, 1998). Thus, the proposed site plan was revised to reflect the policies in the Comprehensive Plan and in the ULDC which address compatibility for TDR projects in terms of buffering, building type and size, and site design. Policy 2.6-i, Future Land Use Element page 69 states: The County shall not approve the designation of receiving areas which would result in an incompatibility with the surrounding land uses (both existing and future). Compatibility shall be determined by the BCC based upon the following factors: a. The character of the proposed development in relation to the adjacent properties including building type and size and the gross and net densities of the proposed receiving area and the adjacent properties; and, b. Proximity of the proposed receiving area to environmentally sensitive lands.

9 Additional language regarding compatibility for TDR receiving areas is contained in the Implementation Section of the Land Use Element on page 104 which states:...character is evaluated as follows: Net Density When a difference of 2 du/acre is proposed between the net density of the receiving area and the adjacent property, a minimum 25 foot buffer of native vegetation is required. For every additional 1 du/acre (or fraction thereof), an additional 5 foot buffer of native vegetation is required. Building Type and Size The site development plan for the proposed receiving area must reflect a design that is harmonious and efficiently organized in relation to the size and shape of the tract and the character of the adjoining properties considering the type and size (mass and bulk) of the buildings. Site Design The site development plan for the proposed receiving area must consider the natural topography, native vegetation, existing lakes, and natural and manmade constraints found on site and reflect the limitations imposed by these factors. Therefore, pursuant to Policy 2.6-i, the Diamond C Ranch PUD master plan was revised to reflect the necessary upgraded buffers of native vegetation. In addition, pursuant to Policy 2.6-i, architectural drawings depicting the proposed building type and size (mass and bulk) for each pod were submitted. buffering, building type and size, and site design requirements. The price of TDR s is determined by the BCC. According to Policy of the Future Land Use Element. The value of the County s TDR units shall be established by the Board of County Commissioners. The price will be updated annually as part of the TDR annual report (70-FLU). As part of the August 1999 Annual TDR Report, the BCC established the price of $9, for a TDR unit. For this project, the applicant has offered the price of $5, for a TDR unit, based on the price established at the time the project was originally submitted (December 1977). Staff is recommending that the price of $9, for a TDR unit be applied to this project. It should be noted that the proposed request does create residual parcels. Future Land Use Element Policy c states, As a means of promoting appropriate land development patterns the County shall discourage the creation of residual parcels within or adjacent to a proposed development... (15-FLU). The current site configuration leaves out two parcels. One parcel is located at the northwest corner of Pod C of the PUD and the other parcel(s) is located on the east side of Pod B of the PUD. Staff has determined that these are residual parcels, but do not cause concern in terms of development potential for commercial use. Contingent upon BCC approval of the TDR application, the requested development proposal intensity would be appropriate for this parcel's LR-2 future land use designation. SERVICE AREA/TIER: The subject property is in the Urban Service Area (USA). The subject property is also in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is located within the future annexation area of the City of Greenacres. Staff notified the City of the request. As of May 12, 2000, no comments have been received from the City.

10 INTERGOVERNMENTAL COORDINATION: The subject property is located within one mile of the Villages of Royal Palm Beach and Wellington. Staff notified these municipalities of the request. As of May 12, 2000, no comments have been received from either municipality. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: Contingent upon BCC approval of the TDR application, the requested development proposal qualifies for desingation as a TDR Receiving Area, and would be consistent with the LR-2 land use designation and TDR density provisions of the Palm Beach County Comprehensive Plan. The Planning Division recommends $9, as the price for a TDR unit. ENGINEERING COMMENTS: a. Total traffic expected from this project is 6000 trips/day. TRAFFIC: S.R. 80 SEGMENT: Benoist Farms Road - Florida Turnpike PRESENT: HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 2040 TOTAL: PRESENT CAPACITY AT 31100* LEVEL OF SERVICE "D": PRESENT LANEAGE: 5 lane *Project meets new Southern Boulevard ART Plan PALM BEACH COUNTY PUBLIC HEALTH UNIT COMMENTS: WATER: Water service 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 must be abandoned in accordance with Palm Beach County ECR-II. SEWER: 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 Rule 64E-6 FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: Much of the property had been previously cleared for a cattle ranch, however, several areas support native species including but not limited to Slash pine (Pinus elliottii), Cabbage palm (Sabal palmetto), Saw palmetto (Serenoa repens). A 25% set-aside preserve is required. WELLFIELD PROTECTION ZONE: This site is not located within Wellfield Protection Zone.

11 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 nonstormwater 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: The School District anticipates that the construction of a 600 unit development may generate and estimated 240 elementary school students,102 middle school students and 90 high school students. The schools currently serving this development are: Schools Membership Capacity Melaleuca Elementary School Okeeheelee Middle School Wellington High School The opening of the new elementary school K in August 2003 will provide enrollment relief to Melaleuca Elementary School, the opening of new middle school EE in August 2003 will provide enrollment relief to Okeeheelee Middle School and the opening of new high school JJJ in August 2002 will provide enrollment relief to Wellington High School. PARKS AND RECREATION: Based on a proposed 600 dwelling units, a minimum of 3.60 acres of recreation is required. The plan submitted indicates 8.34 acres recreation (132% above minimum), therefore, Park and Recreation Standards will be substantially exceeded. CONCURRENCY: A concurrency reservation, C, exists for 600 singlefamily dwelling units. Water/sewer: PBC Utilities. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A acre irregular shaped site with current access from Pioneer Road (1). The site was previously cleared for a cattle ranch, however, there are several scattered areas with native vegetation. ADJACENT LAND USE AND ZONING:

12 NORTH: Comprehensive Plan: IND & CR/IND Zoning District: PO Supporting: WPB Canal and Southern Blvd. SOUTH: Comprehensive Plan: LR-1, LR-2 and INST Zoning District: AR and RE Supporting: Scattered Single Family, vacant parcels and a Fire Rescue station EAST: Comprehensive Plan: LR-2 Zoning District: AR Supporting: Vacant WEST: Comprehensive Plan: LR-1 Zoning District: Westwood PUD Supporting: Single Family SURROUNDING LAND USES: To the north is the 130' West Palm Beach C-51 Canal and the 220' Southern Boulevard right of way. Across Southern Boulevard is the South Florida Fairgrounds. To the northeast is the 39 residence Whispering Oaks single family community (1.67 du/ac.) and to the northwest is the Westwoods PUD with 49 homes (.91 du./ac.) Along the southern property line of the proposed development are 1-15 acres parcels with scattered single family residences and some vacant parcels. The primary access for these southern parcels is from Pioneer Road west to SR7/441 and Pioneer Road east to Marginal Road and Benoist Farms Road. There is a Palm Beach County Fire Rescue station located on the west side of Benoist Farms Road at the eastern portion of this property. ZONING REQUIREMENTS: The County Attorney has determined Florida case law provides that this project must be reviewed in accordance with the rules and regulations in effect at the time of certification. Accordingly, staff has reviewed the project for conformance with the TDR compatibility requirements which were adopted by the BCC on September 16, 1998, and effective on November 12, In addition, the ULDC was amended in March 2000 to incorporate these requirements into the ULDC. PROJECT DESIGN\ANALYSIS: The primary issues associated with review of a TDR application are: 1) is the proposed site a TDR receiving area; and 2) is the proposed density compatible with the surrounding area. Other issues to be considered include: 1) can the project, including the proposed density, meet concurrency; 2) is the proposal consistent with the Comprehensive Plan; and 3) is the proposed purchase price acceptable. The Diamond C Ranch project is located within unincorporated Palm Beach County in the Urban/Suburban Tier and therefore qualifies as a receiving area. The applicant is requesting a 0.25 du/ac density increase. Based upon its location west of the Florida Turnpike, the project may request up to a 2 du/ac density increase. Regarding compatibility, there are two factors to be considered: the character of the proposed development and proximity to environmentally sensitive lands. Compatibility is achieved through building type and size, site design, and buffering. The applicant has provided buffering to mitigate the density disparity between the subject property and the adjacent properties and the onsite environmentally sensitive. The price per unit for TDR units in the County s TDR Bank is determined by the BCC. The applicant has offered $5,575 per unit which is below the current price of $9,833. Staff recommends a purchase price per unit of $9,833 per unit.

13 PROJECT DESIGN/ANALYSIS: Prior to final DRC certification of the site/master plans. The petitioner will have to provide typical color elevations, and floor plans as supportive documentation for any administrative deviation and/or flexible regulation requests. FINDINGS: The request is consistent with the ULDC and the stated purpose and intent of the ULDC. The request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. 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. Conditions in the area of the subject property have changed to the extent to warrant the request. The proposal complies with all relevant and appropriate portions of Sec. 6.6 (Supplementary Regulations) of the ULDC. The design of the proposed use should minimize any adverse effects on adjacent lands. The request will result in a logical, timely and orderly development pattern. Contingent upon BCC approval of the TDR application, the requested development proposal qualifies for desingation as a TDR Receiving Area, and would be consistent with the LR-2 land use designation and TDR density provisions of the Palm Beach County Comprehensive Plan. The Planning Division recommends $9, as the price for a TDR unit. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit C.1: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Conditions of TDR Approval

14 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 May 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) B. ARCHITECTURAL CONTROL 1. Diversity of architectural elevation and exterior color scheme shall be required by complying with the following: a. No more than three (3) homes with the same elevation shall be placed next to each other; or, b. No more than three (3) homes with the same exterior color scheme may be placed next to each other. This obligation shall be included in the Homeowners Association s documentation. A monitoring report with updated information shall be submitted by the developer with each building permit application to ensure compliance with this condition. This obligation shall be included in the Homeowners Association s documentation. (BLDG PERMIT: BLDG/ZONING) 2. Prior to DRC final certification of the site plan, the petitioner shall provide architectural elevations to the Architectural Review Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations. (DRC: ZONING) 3. Similar architectural character and treatment, including but not limited to color, roof pitch and treatment, material, fenestration, and horizontal and vertical architectural details shall be provided on all sides of the townhouse buildings. (BLDG PERMIT: BLDG - Zoning) C. ENVIRONMENTAL RESOURCES MANAGEMENT 1. The location of the 8.27 acre eastern preserve is acceptable as shown on the plan prepared by Land Design South, dated May 5, The presently proposed 5 acre preserve located contiguous to the LWDD L-5 Canal may be relocated on-site, or may be subject of tree relocation and enhancement. Final plans for which to be approved by PBC ERM prior to final DRC Certification of the Preliminary Development Plan. (DRC: ERM) D. LANDSCAPING - STANDARDS 1. Fifty percent (50%) of all perimeter canopy trees required to be planted on the site by this approval shall meet the following minimum standards at installation: a. Tree height: fourteen (14) feet b. Trunk diameter: 3.5 inches measured 4.5 feet above grade;

15 c. Canopy diameter: Seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length; and, d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) 2. All palms required to be planted on site by this approval, except on individual residential lots, shall meet the following minimum standards at installation: a. Palm heights: Twelve (12) feet clear trunk; b. Clusters: Staggered heights twelve (12) to eighteen (18) feet; and c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) 3. A group of three (3) or more palm or pine trees may not supersede the requirement for perimeter canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning) 4. All internal buffers between pods and perimeter TDR compatibility buffers shall be approved by the Development Review Committee (DRC) in accordance with the ULDC, unless otherwise stated herein. (DRC: ZONING) E. ENGINEERING 1. The Property owner shall construct the following turn lane improvements: I. Lyons Road at SR 80; a) Restriping on SR 80 to provide for a left turn lane east approach; b) one through lane north approach; c) Right turn lane south approach d) Left turn lane south approach; e) Right/through lane south approach II. Lyons Road at the projects south entrance a) Right turn lane north approach. III. Pioneer Road at SR 7; a) Left turn lane east approach A) 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. B) Permits required by Palm Beach County and the Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: Monitoring- Eng) C) Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng)

16 2. Prior to February 1, 2001 the Property owner shall provide construction plans for Lyons Road as a 3 section plus the appropriate paved tapers. These construction plans shall be approved by the County Engineer based upon Palm Beach County's minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. Plan costs shall be approved by the County Engineer. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. No impact fee credit shall be permitted for these construction plans. (DATE: MONITORING-Eng) 3. The property owner shall construct Lyons Road as a 3 lane section from SR 80 to the project's south property line in accordance with the condition above. Construction shall be completed on or before January 1, No impact fee credit shall be permitted for this construction. (DATE: MONITORING-Eng) 4. Acceptable surety required for the Lyons Road improvements as outlined in Conditions above shall be posted with the Office of the Land Development Division on or before December 27, Surety in the amount of 110% shall be based upon a Certified Cost Estimate provided by the Developer's Engineer. (TPS) (DATE: MONITORING-Eng) 5. The Property Owner shall fund the cost of signal upgrading as determined by the County Engineer at Lyons Road and Southern Boulevard. The cost of signalization shall also include any required utility relocation. Signalization shall be concurrent with the Lyons Road Construction as outlined above. (ONGOING: MONITORING-Eng). 6. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at Pioneer Road and Southern Boulevard. Signalization shall be a mast arm structure installation. The cost of signalization shall also include any required utility relocation. Should signalization not be warranted after 12 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (ONGOING: MONITORING-Eng) 7. Prior to the DRC approval for the final subdivision plan for POD F or POD G, the final alignment for Lyons Road construction shall be approved by the Board of County Commissioners. Any adjustments to the Preliminary Development Plan shall then be accommodated. (DRC APPROVAL: ENG) 8. Prior to the recordation of the first plat, the petitioner shall include in the homeowners documents, all sales contracts, as well as all sales brochures, Master Plans and related Site Plans a disclosure statement identifying Lyons Road as a planned thoroughfare roadway adjacent to or through this property. This shall also include the ultimate number of lanes for Lyons Road. Information which appears in written form shall appear in bold print. (PLAT: ENG) a. The property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and the Building Department. The next report shall be submitted on or before January 1, 2002, and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowner's association. (DATE: MONITORING-Eng) b. The subject property shall be appropriately signed by the developer

17 prior to the issuance of the first building permit. Sign locations shall be indicated both on the Master Plan and appropriate Site Plans. (BLDG PERMIT: MONITORING - Eng) 9. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: Note: The following is in conformance with a policy concerning "Southern Boulevard and Concurrency" stated in a letter from George Webb, P.E., County Engineer, dated January 25, 2000 and approved by the Board of County Commissioners: a) Prior to the issuance of the first building permit for the project or prior to December 31, 2002, whichever shall first occur, the property owner shall pay the Project's total Fair Share Contribution for Road Improvement Fees ("Road Impact Fees") as they exist at the time of the payment, or may exist at the time of the issuance of the building permits for the project as a result of the final development order issued on the property or amendments to the amount of the Road Impact Fees in the ULDC. Presently the project's total Road Impact Fees are estimated to be $1,833,120. The amount of Road Impact Fees paid pursuant to this condition shall be creditable against the Project's Road Impact Fees due at the time of the building permit issuance, and does not vest the project against future Road Impact Fees increases. This amount may be increased as provided in the Road Impact Fees Ordinance. The Property Owner shall post Performance Security for purposes of Road Impact Fees, as addressed herein, in the form of a Letter of Credit or other form of surety acceptable to the County Attorney's Office in the amount of $1,833,120, or such amount as adjusted based on the final development order. This surety shall be provided to the Office of the County Engineer prior to December 22, 2000 less any Road Impact Fees paid by the Developer. If the property owner fails to pay the Road Impact Fees as set forth above, said surety may be drawn against at the issuance of the first building permit or prior to December 31, 2002, whichever shall first occur. Upon payment of the Road Impact Fees, the surety shall be released and discharged. Upon payment of the Road Impact Fees or drawing of the Performance security by Palm Beach County, the project shall be deemed to have fully satisfied all requirements of Palm Beach County's Traffic Performance Standards and shall be fully vested as to Traffic Concurrency. (DATE: MONITORING-Eng) b) Building Permits for more than 430 single family dwelling units shall not be issued until construction has been completed and open to traffic for the Lyons Road connection to SR 80 as referenced in the conditions above. (BLDG PERMIT: MONITORING-Eng) 10. The property owner shall to convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Lyons Road from SR 80 south to the projects south property line prior to the issuance of the first Building Permit or prior to June 1, Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer 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. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (BLDG

18 PERMIT: MONITORING-Eng) F. LANDSCAPING ALONG THE NORTH PROPERTY LINE (ADJACENT TO C-51 CANAL) 1. Landscaping and buffering along the north property line adjacent to the C-51 Canal shall be upgraded to include: a. a minimum ten (10) foot wide landscape buffer strip with no reductions or easement encroachments be permitted; b. an eight (8) foot high masonry wall; c. one (1) canopy tree planted every thirty (30) feet on center; d. one (1) additional palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of one hundred (100) feet between clusters; e. twenty four (24) inch high shrub or hedge material on both sides of the wall spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty six (36) inches. (CO: LANDSCAPE) G. LANDSCAPING ALONG THE WEST PROPERTY LINE (ADJACENT TO WESTWOOD PUD) 1. Landscaping and buffering along the west property line shall be upgraded to include a perimeter six (6) foot high vinyl coated chain link fence along the entire western property line from Pioneer Road north to the project s proposed north buffer wall parallel to the southern Boulevard/C-51Canal. (CO: LANDSCAPE) H. LANDSCAPING ALONG THE FUTURE LYONS ROAD FRONTAGES 1. Landscaping and buffering along the future Lyons Road frontages shall be upgraded to include: I. MASS TRANSIT a. a minimum twenty-five (25) foot wide landscape buffer with a maximum five (5) foot easement encroachment; b. a undulating berm with an average three (3) foot height measured from top of curb; c. one (1) canopy tree planted every twenty (20) feet on center; d. one (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of one hundred (100) feet between clusters; and e. twenty-four (24) inch high shrub or hedge material spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36) inches. (CO: LANDSCAPE) 1. A. Prior to final certification of the preliminary development plan or site plan by the Development Review Committee, whichever occurs first, the petitioner shall amend the plan to indicate one or more of the following: mass transit access, mass transit shelter(s) and/or a bus stop(s) on or adjacent to the subject property, if required by the Palm Beach County School Board and/or the County Engineer. (DRC: ZONING)

19 2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of a building permit for the 100th unit. The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (BLDG PERMIT: MONITORING - Eng) J. PLANNED UNIT DEVELOPMENTS 1. Decorative street lights shall be provided pursuant to Section 6.8.A of the ULDC, subject to approval by the County or City Engineer. (CO: BLDG - Eng) 2. Street trees shall be provided as follow: a. Along one side of all internal PUD right-of-ways forty (40) feet in width or greater; b. Along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and, c. At one canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters. Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the County Engineer, if required, shall be used. Prior to DRC certification of the preliminary development plan, street tree planting details and cross sections shall be approved by the Zoning Division, Utilities departments, and the County Engineer. (DRC/CO: ZONING/UTILITIES/ENG/LANDSCAPE - Zoning) 3. All property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall, among other things, provide for: Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas. The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (PLAT: ENG - Co Att) 4. Flexible Regulations and/or Administrative Deviations from the required property development regulations for the residential units and their accessory structures shall be limited to the following reduction in proposed front setbacks and increased lot coverage for both the zero lot line and

20 single family homes: PROPOSED ADMINISTRATIVE DEVIATION/FLEXIBLE REGULATIONS Property Development Regulations Code Admin. Deviation (10% Max.) Flexible Regs (20% Max.) Proposed Reduction/ Increase Front Setback (ZLL and single family) Lot Coverage (ZLL and single family) 25' 22.5' % 44% The petitioner has agreed to provide the following: a. Additional street trees to be provided at one per forty linear feet on one side of the street if streets are 40' wide minimum and on both sides of the street if streets are 50' wide minimum; b. Varied building elevations and color schemes; c. No reductions for side interior setbacks for the townhomes; d. Focal points within a neighborhood recreation area or open space tract; e. Focal points at the roundabout area and the adjacent open space and f. Utilize perimeter canals and proposed water bodies, open space and perimeter buffers to minimize potential impacts on the adjacent residential uses. 5. Pavers or decorative pavement shall be provided for the driveways of all units (DRC: ZONING) 6. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to show a focal point at the terminus of internal roadway, access tract, residential street (including T- intersections), roundabouts, open space or cul-de-sac consistent with the Preliminary Development Plan dated May 5, These focal points shall be public areas and shall be in the form of accent landscaping with lighting or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING) 7. No side interior, rear or side street setback reductions shall be permitted. (DRC: ZONING) 8. Recreation uses provided in accordance with Section 6.8.B.4.A.(6)(b)(i) of the ULDC shall be located on a minimum of 0.1 acre and shall be located within each residential pod. Such recreation uses shall have a direct connection to the pedestrian system within the project and include a tot lot, gazebo, fitness station, rest station, or similar recreation amenity subject to approval of the Zoning Division. These recreation areas shall not be used towards the Parks and Recreation Department s minimum recreation requirement or be located within land areas designated for drainage, stormwater management or other utility purposes. (DRC/PLAT: ZONING) 9. Lots fronting on a T-intersection shall support units with a side-loaded garage with accent landscaping. (DRC: ZONING)

21 K. PREM 10. The petitioner has agreed to limit perimeter homes to a single story and not to exceed twenty-five (25) feet in height. This limitation would not apply to proposed homes as indicated on the Preliminary Development Plan dated May 5, 2000 located adjacent to the C-51 Canal, the 160' FPL easement, internal 80' right of ways, the future Lyons Road extension or proposed home sites separated by a perimeter lake tract. (ONGOING) 11. No reduction in width for any of the perimeter landscape buffers be permitted. (ONGOING) 1. The property owner shall provide Palm Beach County Board of County Commissioners with a warranty deed by May 25, 2001 for a 5.34 acre Public civic site, in a location and form acceptable to Facilities, Development & Operations Department (FD&O). Developer 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. Developer to provide a title policy insuring marketable title to Palm Beach County for the civic site. 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. The appraisal to be obtained by the Developer. The County to have the option, at their discretion, to release all or part of the Declarations of Covenants and Conditions of the PUD, as it would apply to the civic site. b. All ad valorem real estate taxes and assessments for the year of closing shall be pro-rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by PREM and the County Attorney's Office after receiving Board approval. c. Civic site to be free and clear of all trash and debris at the time of acceptance of the warranty deed. d. Developer shall provide all retention, detention, and drainage required for any future development of the proposed civic site by the County. Developer shall specifically address the following issues: 1) The discharge of surface water from the proposed civic site into the Developer's water retention basins. 2) As easement across Developer's property from the proposed civic site to the retention basins, if required. e. By acceptance of these conditions developer agrees to allow the County to perform any on site inspections deemed appropriate to support the acquisition of the civic site. f) Developer to prepare civic site to buildable grade under the direction of the Facilities Development & Operations Department. g) Developer to provide water and sewer stubbed out to the property

22 line. (DATE: MONITORING - PREM) 2. The property owner shall provide the County with a certified survey of the proposed civic site by March 25, Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria: a) The survey shall meet Minimum Technical Standards for a Boundary Survey as prescribed by F.A.C. 21HH.6. b) If this parcel is a portion of Palm Beach Farms, sufficient data to make a mathematical overlay should be provided. c) The survey should include a location of any proposed water retention area that will border the civic site. Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site. (DATE: MONITORING - PREM) 3. The property owner shall provide PREM with an Environmental Assessment of the proposed civic site by March 25, The minimum assessment which is required is commonly called a "Phase I Audit". The audit shall describe the environmental conditions of the property and identify the past and current land use. The assessment will include but not be limited to the following: a) Review of property abstracts for all historical ownership data for evidence of current and past land use of the proposed civic site. b) Review of local, state, and federal regulatory agency's enforcement and permitting records for indication of prior groundwater or soil contamination. Also, a review of the neighboring property that borders the proposed civic site will be required. The review shall include, but not be limited to, Palm Beach County Environmental Resources Management Department Records, and Florida Department of Regulation Records. The assessment shall reflect whether the civic site or any bordering property is on the following lists: 1) EPA's National Priorities list (NPL) 2) Comprehensive Environmental Response Compensation and Liability Act System List (CERCLA) 3) Hazardous Waste Data Management System List (HWDMS). c) Review of current and historical aerial photographs of the proposed civic site. Provide a recent aerial showing site and surrounding properties. d) The results of an on-site survey to describe site conditions and to identify potential area of contamination. e) Review of Wellfield Protection Zone maps to determine if property is located in a Wellfield Zone. (DATE: MONITORING - PREM)

23 L. SCHOOL BOARD 1. Since this is to be a gated community, the Bus Stop/Turnaround/Shelter must be place before the gates and clearly shown on the site Plan. The bus turnaround must comply with School District s standard of 110' diameter which is presently shown the preliminary plan. These bus stops shall be sufficient enough in size to accommodate a school bus. The size and location of all such school bus stops shall be coordinated with the Palm Beach County Zoning, Planning, and Engineering Departments, as well as the School District Planning department. (FINAL DRC APPROVAL: ZONING -SCHOOL BOARD) 2. The property owner shall place a notice of annual boundary school assignments for students from this development. The District will provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and models with the following: M. COMPLIANCE "NOTICE TO HOME BUYERS/TENANTS" School age children may not be assigned to the public school closest to their residences. School Board policies regarding overcrowding 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). (SCH BD) 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 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 majority vote of the Code Enforcement Board 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