Location: Approximately 0.5 mile east of Congress on the south side of Lantana Road, across from Lantana Airport (Olympus Village 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.: DOA/EAC76-165(B) Petitioner: Marina Clinton Associates, Ltd. Owner: Olympus Associates Agent: Ronald Kolins Telephone No.: Project Manager: Helen LaValley, Planner Location: Approximately 0.5 mile east of Congress on the south side of Lantana Road, across from Lantana Airport (Olympus Village PUD). Request: Development Order Amendment /Expedited Application Consideration (EAC) modify/delete conditions in Resolution R PETITION SUMMARY: The site has a previous approval for a planned unit develop, including affordable housing units. Petition (A) was approved by the Board of County Commission on June 22, The original condition restricted the affordable housing units to low income. The current request is a Development Order Amendment (DOA) to modify a condition of approval regarding affordable housing. The petitioner is proposing to convert the entire development to housing for older persons. The proposed request does not involve an increase or reduction in units. Access to the site will remain from Lantana Road. Therefore, the project will be entirely, including the affordable housing units, for older persons (elderly) 55 years or older. The 52 voluntary density bonus (VDB) units will be provided for low income older persons. The Unified Land Development Code (ULDC) had previously limited the need for housing restrictions in terms of providing housing for a specific target group, excluding the elderly. However, the ULDC was amended in April 2000, Ordinance , to allow VDB projects the opportunity to be elderly restricted if this is the choice of an applicant. Petition History Resolution Request R & R Allow a PUD and Recreational facilities (A) R Allow 52 Voluntary Density Bonus units (B) subject of this request To convert entire development to older persons ISSUES SUMMARY:

2 o Consistency with Comprehensive Plan The Planning Division has revised the request to modify the condition of approval (VDB restriction). In 1995, the property was the subject of an approved voluntary density bonus application (VDB ). This request does not involve an increase or reduction in units, therefore, the proposed request is consistent with the density threshold. o Compatibility with Surrounding Land Uses The Lantana Airport is located to the North, across the Lantana Road. A vacant residentially zoned property is located to the east of the subject site. Residentially developed properties are located to the south, across the existing lake. The Runway Bay multi-family development is located to the east, across Vermilya Drive. The subject site has been previously approved for a Planned Unit Development (PUD) with affordable housing units. This request is for a modification of a condition of approval. No changes to the master plan/site plan are being requested. Therefore, staff does not anticipate a negative impact from this request. o Traffic The Palm Beach County Engineering Department has stated there should be no increase in traffic trips by this request. o Landscape/Buffering and Signs There are no changes to previously approved landscape buffers or signage. There is no change to building type, design, or layout of the site. TABULAR DATA EXISTING PROPOSED Property Control Number (s) Land Use Designation: High Residential-18 (HR18) & Commercial High/8 (CH8) N/A Same Zoning District: Residential High (RH) Same Use: Residential Same Total Acreage: acres Same Dwelling Units: 260 Same Density: units/acre Same Access: Lantana Road Same PUBLIC COMMENT SUMMARY: At time of publication, staff had received 4 letters in support of the request and 1 letter in opposition with no comments. RECOMMENDATION: Staff recommends approval of the request, subject to 19 conditions

3 as indicated in Exhibit C. MOTION: To adopt a resolution approving the request for a Development Order Amendment/ Expedited Application Consideration (EAC) to modify/delete conditions in Resolution R

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7 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS LAND USE PLAN DESIGNATION: High Residential 18 (HR-18) & Commercial High (CH) Underlying Land Use: High Residential 8 (HR-8) on CH parcel CONSISTENCY WITH LAND USE PLAN DESIGNATION: The Planning Division has reviewed the request for an Expedited Application Consideration to modify a condition of approval (VDB restriction). In 1995, the property was the subject of an approved voluntary density bonus application (VDB). The project received a 100% increase in density. In 1995, the Comprehensive Plan recognized that the highest density on the land use plan maps for uncommitted land was eight dwelling units per acre (HR-8). The two highest density designations, HR-12 and HR-18,... are included solely to reflect existing zoning and/or development... (LU-45). Based on the dual land use designations, the maximum units of these combined parcels (16.23 acres) with a 100% increase in density per the VDB approval calculated as follows: HR-18 (HR-8 max potential) 9.14 acres X 8 X 2 = 146 units HR-8 (underlying) acres X 8 X 2 =113 units = 260 units for both parcels (rounded up) The total units could be 260 units less 68 units which are existing/built units within the project. Therefore, 192 units are left to be built in the project. The VDBP requires that 20% of the total units be reserved as very-low and lowincome housing. This is 52 units of the total 260 units. The proposed request does not involve an increase or reduction in units. Therefore, the proposed request is consistent with the density threshold. With this proposed request, the petitioner intends to develop the entire project as an elderly housing project including the affordable housing units. The ULDC has recently been amended to allow VDB projects the opportunity to be elderly restricted if this is the choice of an applicant. Therefore, based on this revised language to the ULDC, Staff has determined the development proposal is appropriate for this parcel's HR-18 and CH/8 future land use designations. If this proposed request is approved, per Policy d of the Future Land Use Element, the Planning Division will remove from the Future Land Use Atlas Map the Commercial High future land use designation of the parcel designated Commercial High with an underlying High Residential 8 (CH/8) on the eastern portion of the site (50-FLU). This action will occur to reflect the correct residential future land use designation of the subject parcel and will leave the site with a HR-8 designation. In addition, if the Development Order Amendment is approved, a Commercial land use for this property may only be obtained through a new application for a site specific land use change. 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 Lantana. Staff notified the City of the request. As of June 7, 2000, no comments have been received from the City.

8 INTERGOVERNMENTAL COORDINATION: The subject property is located within one mile of the Cities of Lantana and Atlantis and the Town of Hypoluxo. Staff notified these municipalities of the request. As of June 7, 2000, no comments have been received from any of these municipalities. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the HR-18 and CH/8 land use designations of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES a. There should be no net increase in traffic. 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: The site has been developed. WELLFIELD PROTECTION ZONE: The project 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 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.

9 SCHOOL IMPACTS: No comments. PARKS AND RECREATION: No comments. CONCURRENCY: A Concurrency Reservation, C, exists for 192 multi-family dwelling units, and a 7,852 sf recreation building. Water/sewer service provider is the City of Lake Worth. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: The site is acres with an atypical configuration of an average width of 388 feet and an average depth of approximately 417 feet. The site will be accessed by Lantana Road. The site is partially built with sixty-eight (68) units and partially vacant (proposed 192 units). ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Utilities and Transportation (U/T0 Zoning District: Public Ownership (PO) Supporting: Lantana Airport SOUTH: Comprehensive Plan: High Residential (HR18) and Medium Residential 5 (MR5) Zoning District: Residential Single Family (RS) Supporting: Residential EAST: Comprehensive Plan: High Residential (HR8) Zoning District: Residential Single Family (RS) Supporting: Residential WEST: Comprehensive Plan: High Residential (HR18) Zoning District: Residential Multi-family (RM) and Residential Single Family (RS) Supporting: Residential Single Family (RS) SURROUNDING LAND USES: The Lantana Airport is located to the north, across Lantana Road. A vacant residentially zoned property is located to the east of the subject site. Residentially developed properties are located to the south, across an existing lake. The Runway Bay multi-family development is located to the east, across Vermilya Drive. The subject site has been previously approved for a Planned Unit Development (PUD) with affordable housing units. This request s for a modification of a previously approved condition of approval. No changes to the master plan/site plan are being requested. ZONING REQUIREMENTS: Use of the property shall be required to be consistent with the Unified Land Development Code, as amended. PROJECT DESIGN\ANALYSIS: The site has a previous approval for a Planned

10 Unit Development (PUD), including affordable housing units. Petition (A) was approved by the Board of County Commissioners on June 22, The original condition restricted the affordable housing units to low income. The current request is a Development Order Amendment (DOA) to modify this condition of approval to allow affordable housing for elderly persons. Access to the site will remain from Lantana Road. 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. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval

11 EXHIBIT C CONDITIONS OF APPROVAL NOTE: All previous conditions of approval are shown in BOLD and will be carried forward with this petition unless expressly modified. A. ALL PETITIONS 1. Condition A.1 of Resolution R , Petition (A) which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions R and R , have been consolidated herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and/or the Board of County Commissioners, unless expressly modified. (MONITORING) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R , have been consolidated herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and/or the Board of County Commissioners, unless expressly modified. (MONITORING) 2. A master property owners' association encompassing all the property in the PUD shall be approved by the County Attorney's Office and recorded in the public records prior to approval of the master plan by the Development Review Committee. (Previously Condition A.2 of Resolution R , Petition DOA/VDB76-165(A)) (COUNTY ATTORNEY) 3. The petitioner shall have three (3) years, from adoption of the resolution approving Zoning Petition (B), to commence development on the site. Only one (1) administrative time extension for a maximum of twelve (12) months may be granted. (DATE: MONITORING) B. AFFORDABLE HOUSING 1. The voluntary density bonus (VDB) covenants shall guarantee the affordability of the designated low and very low income units for a period of fifteen years in a manner acceptable to the County Attorney, and shall be recorded in the public records of Palm Beach County prior to final site plan certification. (Previously Condition B.1 of Resolution R , Petition DOA/VDB76-165(A)) (COUNTY ATTORNEY) 2. The applicant shall disperse the 52 minimum required low and very low income units within the proposed buildings in a manner acceptable to the Planning Division. (Previously Condition B.2 of Resolution R , Petition DOA/VDB76-165(A)) (PLANNING)

12 Condition B.3 of Resolution R , Petition (A) which currently states: 3. The VDB units shall not be further restricted beyond the requirement that the occupants qualify for the income limits. (PLANNING) Is hereby amended to read: C. PARKING Voluntary Density Bonus (VDB) Covenants shall be established which shall guarantee the use of the development as housing for older persons for a period of fifteen (15) years in a manner acceptable to the County Attorney and shall be recorded in the public records of Palm Beach County, Florida, prior to the issuance of the first building permit. (BLDG PERMIT-COUNTY ATTORNEY-PLANNING) 1. Prior to certification of the preliminary development plan by the Development Review Committee, the plan shall be amended to include a twenty (20) foot wide "break away" barrier between the existing and proposed parking areas in the southwest portion of the site, subject to approval by the Department of Fire Rescue. (Previously Condition D.1 of Resolution R , Petition DOA/VDB76-165(A)) (ZONING) 2. Prior to certification of the preliminary development plan by the Development Review Committee, the petitioner shall submit a shared parking study in accordance with the requirements of the ULDC to reduce the number of required parking spaces to the maximum amount possible. (Previously Condition D.2 of Resolution R , Petition DOA/VDB76-165(A)) (ZONING) D. There are no D conditions E. ENGINEERING 1. Developer shall be required to file a boundary plat for the subject property. (Previously Condition E.1 of Resolution R , Petition DOA/VDB76-165(A)) (ENGINEERING) [NOTE: Completed - Filed in P.B. 33 Pg. 79] 2. Developer shall construct at the intersection of the development's main entrance and Lantana Road: a) Left turn lane from the east approach; and b) Right turn lane from the west approach. (Previously Condition E.2 of Resolution R , Petition DOA/VDB76-165(A)) (ENGINEERING) [NOTE: 2a has been completed; 2b may be considered completed as Lantana Road has been widened adjacent to the site] 3. Developer shall construct a four (4) lane entrance road. (Previously Condition E.3 of Resolution R , Petition DOA/VDB76-165(A)) [NOTE: Completed] 4. Developer shall signalize the intersection of the development's main

13 entrance road and Lantana Road, when required by the development as determined by the County Engineer. (Previously Condition E.4 of Resolution R , Petition DOA/VDB76-165(A)) (ENGINEERING) [NOTE: Completed] 5. The County Engineer and the Developer shall coordinate the construction of the above required improvements with the reconstruction of Lantana Road. (Previously Condition E.5 of Resolution R , Petition DOA/VDB76-165(A)) (ENGINEERING) [NOTE: Completed] 6. Developer shall construct Via Vermilya to County Standards, from Lantana Road Southerly to the development's entrance. (Previously Condition E.6 of Resolution R , Petition DOA/VDB76-165(A)) (ENGINEERING) [NOTE: Completed] 7. Developer shall construct the centerline of the driveway entrance on Via Vermilya a minimum of one hundred eighty-five (185) feet from the Southerly right-of-way line on Lantana Road. (Previously Condition E.7 of Resolution R , Petition DOA/VDB76-165(A)) (ENGINEERING) [NOTE: Completed] 8. Prior to DRC approval the proposed site plan shall be modified to: a. Integrate the pedestrian pathway within the site to the existing pedestrian pathway along Lantana Road. b. Identify the existing entrances on the north side of Lantana Road. c. Either move the proposed guard house a minimum of 150 feet south of the south right of way line for Lantana Road or identify on the site plan an unmanned, ungated (no gate arm) guard house. (Previously Condition E.8 of Resolution R , Petition DOA/VDB76-165(A)) 9. The property owner shall pay a Fair Share Fee in the amount and manner required by the "Fair Share Contribution for Road Improvements Ordinance" as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project, Zoning Petition (A), to be paid at the time of issuance of the Building Permit presently is $ (4 additional trips X $ per trip). (Previously Condition E.9 of Resolution R , Petition DOA/VDB76-165(A))(IMPACT FEE COORDINATOR) F. COMPLIANCE Condition C.1 of Resolution R , Petition (A) which currently states 1. Failure to comply with any of these conditions of approval at any time may result in:

14 a. The denial or revocation of a building permit; the issuance of a stop work order; cease and desist order; the denial of a Certificate of Occupancy on any building or structure; or the denial or revocation of any permit or approval for any developer; owner, commercial-owner, lessee, or user of the subject property; and/or b. The revocation of the Conditional Use and any/or zoning which was approved concurrently with the Conditional Use; c. A requirement of the development to conform with updated standards of development, applicable 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; d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. 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 Conditional Use, Rezoning, or other actions based on a Board of County Commission decision, shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (Previously Condition C.1 of Resolution R , Petition DOA/VDB76-165(A)) (MONITORING) Is hereby amended to read: 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.

15 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 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. (MONITORING)

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