RECOMMENDATION DISCUSSION. Mayor and City Council. Leif J. Ahnell, C.P.A., C~G.F.O. " /. City Manager ~~/ June 23, 2014.

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1 CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TDD: (561) SUNCOM: (561) To: From: Date: Subject: Mayor and City Council Leif J. Ahnell, C.P.A., C~G.F.O. " /. City Manager ~~/ June 23, 2014 v Future Land Use Ma Amendment Approval for Boca Highlands Townhomes PUD situated on the south side of Northwest 70th Street west of North Dixie Highway (AKA 100 Northwest 7oth Street) RECOMMENDATION Based on the Development Services Department staff report and recommendation and the recommendation of the Planning and Zoning Board, I recommend that the City Council introduce and thereafter approve the future land use amendment ordinance accompanying this memorandum that is required for a project called Boca Highlands Townhomes PUD ("Project"). The Pro~ect will consist of 76 fee-simple townhomes on 8.5 acres situated on the south side of Northwest 70t Street west of North Dixie Highway in the Northeast Planning Area of the City (hereinafter the "Property" which is addressed at 100 Northwest 70 1 h Street). The town homes will be constructed by K Hovanian Homes. The Project comprises of four (4) separate components ("Petition"). Specifically, the Petition involves: An Amendment to the future land use map of the City's comprehensive plan for the Property from an Institutional (PI) future land use designation to the Residential Medium (RM) future land use designation; Master plan approval for a planned unit development ("PUD") together with modifications to development parameters; Site plan approval to allow the construction of a 76-unit multifamily (fee simple townhome) project and a technical deviation from Section ), Code of Ordinances, to allow for a reduction in inbound and outbound reservoir distance to a gated entrance for a residential development; and Tentative subdivision plat approval of a 76-lot subdivision. The Petition's future land use map amendment is not conditional, not tied to the accompanying master plan, site plan, and tentative plat components of the Petition and will not expire. As will be discussed in this memorandum, the amendment to the Property's futu_r~ land use designation will ensure consistency between the Property's future land use designation and the current, preexisting zoning district which are currently inconsistent and this amendment will ensure that this inconsistency is permanently rectified without any restrictions. Accompanying this Petition is a request for a payment in lieu of 0.83 acres of environmental set aside on the Property (Case No. EAB-14-01) (the "EAB application"). On April 3, 2014, the City's Environmental Advisory Board (EAB) recommended approval of the payment in lieu of requiring an environmental set aside for the Property. The EAB's recommendation will be provided to the City Council for their final review and approval. This Petition is contingent upon the City Council's approval of the EAB application. As such, both petitions will be reviewed by the City Council contemporaneously. DISCUSSION The Town of Highland Beach ("Owner") has authorized Mitchell B. Kirschner, Esq., GrayRobinson, P.A., and Barbara Alterman, Esq., Glen J. Torcivia & Associates, P.A., on behalf of Douglas and Esther Durrett, contract purchaser ("Applicant") has filed the applications necessary

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6 1 WHEREAS, such amendment to the Future Land Use Map of the Comprehensive 2 Plan is not conditioned upon a specific development proposal and will remain in effect unless 3 changed by future action of the City Council pursuant to appropriate regulations; and 4 WHEREAS, the Planning and Zoning Board, as the local planning agency, after 5 notice and public hearings, has considered the appropriateness of the proposed amendment to 6 the Future Land Use Map of the City's Comprehensive Plan for the Property which is the subject 7 of this ordinance from Institutional (PI) to Residential Medium (RM) ("Petition"), and has 8 submitted its recommendation to the City Council; and 9 WHEREAS, the Acting Deputy Development Services Director has reviewed the 10 Petition and has submitted his recommendation; and 11 WHEREAS, the notice and hearing requirements for Comprehensive Plan 12 amendments, as set forth in the Code of Ordinances and Florida Statutes, have been satisfied; 13 and 14 WHEREAS, the City Council has taken the recommendations and the comments from 15 the public into consideration, and has also considered the appropriateness of the existing and 16 proposed land use designation for the Property which is the subject of this ordinance; now 17 therefore 18 THE CITY OF BOCA RATON HEREBY ORDAINS: 19 Section 1. The future land use designation of the following-described property 20 (Property) is [changed/not changed] from Institutional (PI) to Residential Medium (RM) upon 21 the effective date set forth hereof: 22 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 32, 23 TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 24 FLORIDA, SAID LAND BEING A PORTION OF TRACT 7 OF "MAP 25 SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND SOUTH, RANGE 43 EAST, DADE COUNTY, FLORIDA", ACCORDING TO 27 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 4 OF 28 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING 29 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 30 2

7 1 BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE- 2 QUARTER OF SAID SECTION 32, SAID POINT ALSO BEING THE 3 SOUTHWEST CORNER OF SAID TRACT 7; THENCE NORTH 01 02'09" 4 WEST, ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER, 5 A DISTANCE OF FEET; THENCE NORTH 89 27'03" EAST, ALONG 6 THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 70TH STREET, 7 ACCORDING TO OFFICIAL RECORDS BOOK 9236 AT PAGE 1121 OF 8 SAID PUBLIC RECORDS, A DISTANCE OF FEET; THENCE 9 NORTH Or42'31" EAST, ALONG THE EAST LINE OF SAID RIGHT-OF- 10 WAY OF NORTHWEST 70TH STREET, A DISTANCE OF FEET; 11 THENCE NORTH 89 27'03" EAST, ALONG THE SOUTH LINE OF "BOCA 12 PRESERVE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN 13 PLAT BOOK 75 AT PAGES 179 THROUGH 181 OF SAID PUBLIC 14 RECORDS, A DISTANCE OF FEET; THENCE SOUTH Or44'46" 15 WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST 16 COAST RAILROAD, A DISTANCE OF FEET; THENCE SOUTH '36" WEST, ALONG THE SOUTH LINE OF SAID SECTION 32, A 18 DISTANCE OF FEET TO THE POINT OF BEGINNING SAID LANDS SITUATE IN THE CITY OF BOCA RATON, PALM BEACH 21 COUNTY, FLORIDA, AND CONTAIN ACRES, MORE OR LESS Section 2. Upon determining that this ordinance has taken effect, the City Manager is 24 hereby directed to cause the Future Land Use Map of the Comprehensive Plan to be amended 25 in accordance with this ordinance. 26 Section 3. If any section, subsection, clause or provision of this ordinance is held 27 invalid, the remainder shall not be affected by such invalidity. 28 Section 4. All ordinances and resolutions or parts of ordinances and resolutions and 29 all sections and parts of sections in conflict herewith shall be and hereby are repealed. 30 Section 5. This ordinance shall take effect 31 days after the State Land Planning 31 Agency notifies the City that the plan amendment package is complete, provided the 32 amendment is not timely challenged. If timely challenged, this ordinance shall become effective 33 on the date the State Land Planning Agency or the Administration Commission issues a final 34 order determining the amendment to be in compliance. No development orders, development 35 permits, or land uses dependent on this ordinance may be issued or commence before it has 36 become effective. If a final order of noncompliance is issued by the Administration Commission, 37 3

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26 Case No. UC-13-04/SC/ZC/PUD/SUB/SPA/ Boca Highlands Townhomes PUC- Revision 2 05/30/14 resolve the delay and result in acceptable level-of-service. The turn-lane improvements at the intersection of Jeffery Street and NW 2"d Avenue and the intersection of NW 70 1 h Street and 2"d Avenue have been included as part of the Municipal Services Department's recommended conditions. The project is liable for fair share road impact fees. A technical deviation, pursuant to City Code Section ) is requested for reduction of storage reservoir length required for gates. City Code requires a storage reservoir distance of 150 feet for gates and the site plan indicates that a reservoir distance of approximately 53 feet has been provided. The project traffic consultant provided a technical deviation request and justification pursuant to City Code Section (k). As part of the technical justification, a queuing analysis was performed, which indicates that the peak hour queue is not expected to exceed the stacking of two vehicles with a 98 percent probability. Based on the documentation provided, the City Traffic Engineer does not object to the technical deviation to allow the reduction of driveway reservoir length required fqr gates. One Variation to the City of Boca Raton Engineering Design Standards (VEDSM) was requested regarding individual driveway parking width. The 2-car individual driveway parking dimensions for the townhomes are proposed at 16 feet 8 inches by 20 feet instead of 20 feet by 20 feet and. proposed dimensions are supported by the American Association of State Highway and Transportation Officials (AASHTO) Standards. Based on the project traffic engineer's justifications and recommendation, The Municipal Services Department has approved this VEDSM. Land Use Change Analysis An analysis of the existing and proposed future land use designations at the maximum development intensity resulted in a potential net decrease of 4,017 daily trips, a potential net decrease of 165 AM peak hour trips and a potential net decrease of 1,41 0 PM peak hour trips generated on the adjacent roadways. However, because the Project as proposed is subject to a site specific plan, the analysis of the existing and proposed future land use designation based upon the maximum number of units allowed in the existing future land use designation (80 units) and proposed site plan (76 units) could result in a potential net decrease of 4,045 daily trips, a potential net decrease of 167 AM peak hour trips and a potential net decrease of 1,412 PM peak hour trips. The results of the conventional and proposed future land use analysis are shown in the following tables: MAXIMUM POTENTIAL TRIP GENERATION -LAND USE CHANGE Boca Hi_._. ' _. TownlmmesPUD Trip Generation (trips) Land Use Daity AM Peak Hour PM Peak Hour Existing Land Use Trips 8.5 acres: PI, Library 4, ,460 (0.6 FAR, 222,257 ff) Proposed Land Use Trips 8.5 acres: RM, Condorrownhome l9.5 DU/acre, 80 single family detached) Net Difference in Trips (Max. Development Potential: Existing Vs. Proposed}_ -4, ,410 Page2

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75 JUN June DEVELOPMENT SERVICES Mr. Jim Bell, AICP Acting Deputy Director Development Services De.partment Re: Boca Highlands Town homes PUD~ 100 NW 70 Street Dear Mr. Bell: As an owner i3nd resident of Banyan Park 1 I and other residents, are concerned aboutthe impact that the new 76-unit multi-family development of Boca Highlands will have on our property. One of our concerns regards traffic that will be utilizing.nw 70th Street and NW 2' 1 d Avenue. With the entrance gate located on 70th~ this wm generate an increased number of cars coming in and out of the area, causing problems for us.. If there are 76 units, with an average of 2 drivers 1 that puts 152 additional vehicles) along with friends, and workmen driving back and forth on two narrow 2-lane roads. Another consequence of this could mean widenir;,g of these same two roads, which could incorwenh~nce. us even more and possibly. co:st us extra b1x money. Loss of the nature ha.bitat that exists now is of hu.ge concern to us. Not only will this impact the fauna that reside in the nature space, specifically the turtles and tortoises and the birds which make this their nesting places, it will also affect ou1 quality of life since this area absorbs the sounds and vibrations of the trains as they pass beside Dixie Highway. It also provides us with natural beauty and. tranquility so necessary in today's stressful world. One of the reasons I bought here was because of this nature habitat with its abundant flora and fauna. More concrete apartment buildings would decrease the value of my property which attracts residents looking for a bit of nature to enjoy in their own backyard. My third area of concern deals with the protection provided by this nature space: during hurricanes. Since there is always a strong chance of a hurricane in Palm. Beach County, this wooded area serves as a buffer for winds and a water retention zone during floods. In the back of Q!Jr cqndos/_during heavy rainfall, our. own water retention- pond fills 'upto.ih~ -top. Without the wooded glade to absorb much of that water, we will likely get flooding in our ground floor homes.

76 Concrete and blacktop parking lots do not handle heavy flooding; they just ma~ke the drain-off go somewhere else~ like our property. Also, I feel that the sign to advertise the public hearing was hidden at the end I:Jf 70th Street. Are you trying to hide what you are doing from the other residents, up and down NW 2nd Avenue and NW 7oth Street? The sign should have been placed on the corner of these two roads so that all those affected by your proposed development could be aware of the hearing and the plans. The developer/builder's name is also omitted from the sign. Again,.is there something to hide? I am wondering why the city of Boca Raton would allow development in thus pristine nature habitat, when the old Boca Raton Estates golf course has been empty for years, attracting derelicts to the area and is in deplorable conditi1on.. A townhome deve fopment here for 76 families could only improve this piece of abandoned property along 2nd Avenue and Hidden Valley. It would blend in eas~ly with the other condos in the area. Respectfully} Concerned owners and residents of Banyan Park

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81 (- We the undersigned residents of Sunflower Town Homes Condominium Association, 7200 NW 2nd Avenue, Boca Raton respectfully submit this petition dated June 5, 2014 to Susan Haney, Mayor, City ofboca Raton, Jim Bell, AICP, Acting Deputy Director, Developmental Services Department, City of Boca Raton and the Planning and Zoning Board, City ofboca Raton. We request to have the entrance to the proposed 76 Unit Boca Highlands Townhomes, PUD, 100 NW 70 Street, Boca Raton moved from its present proposed location, NW 70 1 h St. to NW 67 Street (one block south). The reason for this request is that there is a School Bus Stop on the corner ofnw 70th St. & NW 2nd Ave. The increased traffic at that particular corner would create an unnecessary hazard for the children in our community who are walking to and from the bus stop, are waiting for the bus and will be boarding and exiting the bus. It also would create an unneces~ary hazard for those who are driving their children to the bus stop and waiting for the bus to arrive in the morning and again waiting for the bus to arrive to drive their children home in the afternoon. NW 70th Street presently has 6 (six) associations using 10 (ten) egress/ingress points for vehicles and pedestrians exiting onto NW 70th Street, a street, that is approximately 800 feet in length. NW 6i 11 Street has extremely limited vehicle and pedestrian traffic and would not cause any unnecessary hazard. We are sure that the safety of our children and their family would override any other concerns even if it takes invoking "Eminent Domain", what greater public good can there be than ensuring that a safe and secure environment exists for the children in our community.

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