PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/07/2012

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/07/2012 APPLICATION NO. CODE SECTION REQUIRED PROPOSED VARIANCE ZV D.6 Temporary Non- Residential Development Signs Signs to be located on the development site On a parcel abutting the development site, not on the development site. Temporary residential development signs located on a parcel that is not the development site. 8.D.6 Temporary Non- Residential Development Signs Maximum Sign Area per Sign (32 SF) Maximum Sign Area per Sign (80 SF) per sign. 48 SF per sign 8.D.6 Temporary Non- Residential Development Signs Maximum Height = 10 feet Maximum Height = 12 feet 2 feet SITUS ADDRESS: Northlake Blvd West Palm Beach th Ave N West Palm Beach AGENT NAME & ADDRESS: Gladys DiGirolamo G.L. Homes 1600 Sawgrass Corporate Pkwy Sunrise FL OWNER NAME & ADDRESS: Estate Property Owners 9100 Bay Hill Dr West Palm Beach FL PCN: ZONING DISTRICT: Residential Estate/Special Exception Planned Unit Development (RE/SE PUD) BCC DISTRICT: 06 PROJECT MANAGER: Douglas Robinson, Site Planner I LEGAL AD: Title: Resolution approving Type II Variance application of Estates Prop Owners Assn Inc by G.L. Homes, Agent. Request: to allow Temporary Residential Development Signs to be located off-site and to exceed the maximum square footage and the maximum height. General Location: ZC June 7, 2012 Page 179

2 Northlake Blvd approximately 4 miles west of Beeline Hwy (STONEWALL PUD (BAY HILL)) ( ) LAND USE: CONTROL #: Rural Residential (RR)-2.5 S/T/R: du/ac , Stonewall/Bayhill PUD LOT AREA: Total Acreage: Affected Acreage: 10 acres +/- LOT DIMENSIONS: 5300 feet x 3900 feet for Bayhill and 741 feet x 578 feet (for proposed sign location) CONFORMITY OF LOT: Yes CONFORMITY OF ELEMENT: Proposed: Off-site Non Conforming TYPE OF ELEMENT: Signs ELEMENT SIZE: 12 feet high and 48 square feet of sign face area BUILDING PERMIT N/A NOTICE OF N/A #: VIOLATION: CONSTRUCTION STATUS: Not Started APPLICANT REQUEST: To allow Temporary Residential Development Signs to be located off-site and to exceed the maximum square footage and the maximum height Type II Zoning Variance Request Staff Summary Proposed is a request to allow 3 Type II Variances from the Temporary Residential development signage requirements for Stonewall PUD (Bayhill Estates). The applicant proposes to have 2 Temporary Residential Development Signs not fronting the development site, to exceed the maximum square footage and to exceed the maximum height allowed by code. The proposed off-site signage will be located on a parcel east of the projects entrance on Bayhill Drive on the Bayhill Commons property. General Location, Existing Conditions and Previous Approvals The site is located approximately 4.5 miles West of Beeline Highway on the south side of Northlake Blvd. The site is currently approved for a Special Exception PUD with an on-site sewage treatment plant consisting of 491 dwelling units. The site was last approved on March 31, 2010 for a Development Order Amendment to delete Engineering and Planning conditions of approval. The site has been built for many years and is at 80% completed or (395 lots). Date Resolution Approval September 13, Resolution R Permit PUD W/On-Site Sewage Treatment Plant September 13, Resolution R Permit PUD W/On-Site Sewage Treatment Plant November 18, 2004 Resolution R Waiver Of Objectives And Standards (Performance Standards) November 18, Resolution R To Reconfigure Master Plan March 31, 2010 Resolution R To Delete Engineering And Planning Conditions Of Approval. ZC June 7, 2012 Page 180

3 Compatibility with Surrounding Land Uses NORTH: FLU Designation: Golf Course, City of Palm Beach Gardens Zoning District: Low Residential 1 (LR-1) Supporting: Golf Course, City of Palm Beah Gardens SOUTH: FLU Designation: Rural Residental (RR-5) Zoning District: Agricultural Reserve (AR) Supporting: Residential (N/A) EAST: FLU Designation: Rural Residental/Commercial Low (RR-5/CL) Zoning District: Multiple Use Planned Development Supporting: Commercial (Bayhill Commons) WEST: FLU Designation: Rural Residental (RR-5) Zoning District: Agricultural Reserve (AR) Supporting: Residential (N/A) Figure 1 Aerial ZC June 7, 2012 Page 181

4 Summary of Article 8.D.5. Temporary Residential Development Signs as follows: The request is for a three (3) Type II Variances from Article 8.D.5.Temporary Residential Development Signs to allow a signs to be located on a parcel of land east of the projects entrance (Bayhill Drive) on the Bayhill Commons property, owned by Northlake 20, LLC. The purpose and intent of Article 8 is to establish standards for the placement and use of signs and other advertising consistent with state and federal law. These standards are designed to protect the health and safety of Palm Beach County and to assist in the promotion of tourism, business and industry. The development under review is located within the Urban/Suburban Tier. Pursuant to 8.D.5., of the ULDC, two temporary residential development signs located on the development site are permitted per roadway frontage (2 are proposed) for up to three years or until 95% of the development has received a CO, whichever is later. STAFF FINDINGS The applicant s justification and responses to the seven standards claims a hardship because the existing Bayhill project sign is not visible from a sufficient distance on Northlake Boulevard to properly advise travelers as to the proximity of the entrance. The applicant further states that a project identification sign on the eastern corner of the PUD serves no functional purpose as it would be too close to the entry, actually occurring after someone would already have to be in the left turn lane to enter the project (as the PUD eastern boundary is approximately 130 from the Bayhill Drive roadway) and typical turn lanes are 230 of storage with a 50 taper. The Unified Development Code (ULDC) allows for Temporary Residential Development Signs to be 10 feet in height with a maximum sign face area of 32 square feet, and located within the development site itself. The applicant has requested variances for Temporary Residential Development Signs not fronting the development site, to exceed the maximum square footage and to exceed the maximum height allowed by code. Due to the width, speed and limited frontage on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility is compromised which creates unsafe conditions for those drivers locating as well as other motorists traveling along Northlake Boulevard. Allowing Temporary Residential Development Signs not fronting the development site in excess of the code allowances will not grant a special privilege not allowed to other buildings within this same Zoning District. ZC June 7, 2012 Page 182

5 Looking south from north side of road Looking south from north side of road with entrance shown ZC June 7, 2012 Page 183

6 South side looking west Flags at entrance to Stonewall/Bayhill Estates PUD ZC June 7, 2012 Page 184

7 ZC June 7, 2012 Page 185

8 Figure 2 Exhibit - Overall site plan with sign location dated 3/22/12 Figure 3 Exhibit Off-site Directional Signs dated ZC June 7, 2012 Page 186

9 STAFF RECOMMENDATIONS Staff recommends approval of the request subject to 3 Conditions of Approval, based upon the following application of the standards enumerated in Article 2, Section 2.B.3.E of the Palm Beach County Unified Land Development Code (ULDC), which an applicant must meet before the Zoning Commission who may authorize a variance. Since the variance requests all relate to relief from the requirement of Temporary Residential Signs, all 3 variance requests have been analyzed together addressing the seven (7) criteria: ANALYSIS OF ARTICLE 2, SECTION 2.B.3.E VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: YES V1-V3. There are conditions and circumstances existing that are peculiar to the parcel of land, building or structure, that are not applicable to other parcels of land, structures or buildings in the RE/SE (PUD) Zoning District. The applicant states the project entrance is located at the eastern limits of the project abutting a large water management tract and is physically too close to the entrance to provide the necessary distance for a sign to be able to direct potential visitors that they are approaching the entrance. Due to the width, speed and limited frontage for the project entrance on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility is compromised and creates unsafe conditions for those drivers locating the project as well as other motorists traveling along Northlake Boulevard. Allowance of Temporary Residential Development Signs not fronting the development site, to exceed the maximum square footage and to exceed the maximum height allowed by code, will not grant a special privilege not allowed to other buildings within this same Zoning District. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: YES V1-V3. There are special circumstances or conditions. Due to the width, speed and limited frontage for the project entrance on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility will be compromised and create unsafe conditions for those drivers locating the project as well as other motorists traveling along Northlake Boulevard. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: YES V1-V3. The Code allows two Temporary Residential Development Signs located on the development site per roadway frontage 10 feet in height with a maximum sign face area of 32 square feet (2 are proposed) for up to three years or until 95% of the development has received a CO, whichever is later. The applicant is requesting two Temporary Residential Development Signs not fronting the development site, to exceed the maximum square footage, and to exceed the maximum height allowed by code. According to the applicant's statement the distance the project entrance is located at the eastern limits of the project abutting a large water management tract and is physically too close to the entrance to provide the necessary distance for a sign to be able to direct potential visitors that they are approaching the entrance. Due to the width, speed and limited frontage for the project entrance on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility is compromised and creates unsafe conditions for those drivers locating the project as well as other motorists traveling along Northlake Boulevard. Allowance of Temporary Residential Development Signs not fronting the development site, to exceed the maximum square footage and to exceed the ZC June 7, 2012 Page 187

10 maximum height allowed by code, will not grant a special privilege not allowed to other buildings within this same Zoning District. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: YES V1-V3. The Code allows two Temporary Residential Development Signs located on the development site per roadway frontage 10 feet in height with a maximum sign face area of 32 square feet (2 are proposed) for up to three years or until 95% of the development has received a CO, whichever is later. Literal interpretation and enforcement of the terms and provisions of this code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would not necessarily work an unnecessary and undue hardship, but may create unsafe conditions for the motorists. Due to the width, speed and limited frontage for the project entrance on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility is compromised and creates unsafe conditions for those drivers locating the project as well as other motorists traveling along Northlake Boulevard. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: YES V1-V3. Due to the width, speed and limited frontage for the project entrance on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility is compromised and creates unsafe conditions for those drivers locating the project as well as other motorists traveling along Northlake Boulevard. The proposed request is the minimum necessary to make reasonable use of the parcel of land, building or structure. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: YES V1-V3. The granting of this variance is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. For this reason this request does not meet Standard 6 as required by Article 2.B.3.E of the code. The proposed number of signs, their size, and height are necessary in order to provide safe and adequate direction to motorists attempting to locate the entrance to the project. Due to the width, speed and limited frontage for the project entrance on Northlake Boulevard Right of Way (140 feet and 55 MPH), visibility is compromised and creates unsafe conditions for those drivers locating the project as well as other motorists traveling along Northlake Boulevard. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: YES V1-V3. The granting of the requested variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Allowing the request will provide safe and adequate direction to assist motorists locating the project entrance and traveling along Northlake Boulevard. ZC June 7, 2012 Page 188

11 EXHIBIT C Type II Variance - Standalone ZONING COMMISSION CONDITIONS VARIANCE 1. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with two copies of the approved site plan to the Building Division. (BLDG PERMIT:ZONING-Landscape) 2. In granting this approval, the Zoning Commission relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 3. 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 (CO); 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 Unified Land Development Code (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 the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) ZC June 7, 2012 Page 189

12 Exhibit D: Disclosures ZC June 7, 2012 Page 190

13 ZC June 7, 2012 Page 191

14 ZC June 7, 2012 Page 192

15 ZC June 7, 2012 Page 193

16 ZC June 7, 2012 Page 194

17 ZC June 7, 2012 Page 195

18 ZC June 7, 2012 Page 196

19 ZC June 7, 2012 Page 197

20 Exhibit D: Applicant s Justification Temporary Residential Development Signage for Stonewall Estates PUD (a.k.a. Bayhill Estates) Control No Project No To be located on Bayhill Commons MUPD (east of Stonewall Estates) Bayhill Commons MUPD Control No Bayhill Commons MUPD Project No TYPE II VARIANCE APPLICATION ZV JUSTIFICATION STATEMENT March 21, 2012 Resubmittal April 23, 2012 Follow up May 14, 2012 OVERVIEW Bayhill Estates is located approximately 4.5 miles West of Beeline Highway on the south side of Northlake Blvd. Phase I of the overall PUD abuts Northlake Boulevard and is completely built out. Phase II, the Bayhill Estates portion has 96 remaining lots yet to be built. Palm Beach West Associates III, LLC, has a contract with the owner of the property to build and actively market the majority of the remaining lots. There are 2 models existing within Phase II along with a sales center. The main entrance to both phases of the project is from Northlake Boulevard, a 3-Way intersection (non-signalized). The location of the models and sales center is nearly 1.5 miles south of Northlake Boulevard at the terminus of Bayhill Drive. The current land use designation for the PUD is RR-2.5 (Rural Residential, 2.5 units per acre). The Zoning Designation is RE (Residential Estate). Total number of units within the project is 491. The current builder/developer for a portion of the remaining lots is seeking a variance to permit two Temporary Residential Development Signs (Article 8, Chapter D, Section 5B) to be located east of the entrance (Bayhill Drive) on the Bayhill Commons Site, which will provide much needed direction to prospective buyers trying to find the project. The builder has a lease agreement with the owner of the property directly east of Bayhill Drive to install 2 Temporary Residential Development Signs adjacent to Northlake Boulevard Right-of-Way. The property where the signs are proposed has a Land Use of CL (Commercial Low) with an underlying RR-5 (Rural Residential, 5 units per acre) and a Zoning District of MUPD (Multiple Use Planned Development). The site was rezoned from AR (Agriculture Residential) to MUPD via Resolution R on June 24, This Variance Application is being submitted by Palm Beach West Associates III, LLLP, By: Palm Beach West III Corporation, its General Partner. The request is for approval of a Type II Variance for Temporary Residential Development Signage as delineated in Article 8.D.5.B. of the Unified Land Development Code, to allow the following: Two Temporary Residential Development Signs as follows: To be located on a parcel not abutting the subject development site; and To allow a maximum Sign Area up to 80 SF per sign each where 32 SF is permitted; and To allow a maximum Sign Height up to 12 feet per sign where 10 feet is permitted. Pursuant to 8.D.5. of the ULDC, two temporary residential development signs are permitted per roadway frontage (2 are proposed) for up to three years or until 95% of the development has received a CO, whichever is later. The overall development is approved for 491 dwelling units with 80% completed or (395 lots). As stated earlier in the Overview, there are 96 lots remaining to be built. These variance requests are discussed in more detail later in this justification statement. History of Stonewall Estates aka Bayhill Estates On March 24, 1983, The BCC approved Resolutions R and R for a rezoning from the Agricultural Residential (AR) Zoning District to the Residential Estate (RE) Zoning District and a ZC June 7, 2012 Page 198

21 Special Exception for a PUD with an on-site sewage treatment plant for the development known as Stonewall Estates. The BCC approved amendments to the conditions of approval and additional conditions of approval pursuant to Status Reports on July 30, 1992 via Resolution R and also on April 24, 1997 via Resolution R , and on April 26, 2001 via Resolution R , and again on September 17, 2003 via Resolution R On November 18, 2004, the BCC approved a Development Order Amendment to reconfigure the Master Plan and approve a waiver of objectives and standards for cul-de-sacs via Resolutions R and R for Phase 2 of Stonewall Estates known as Bayhill Estates. On March 31, 2010, BCC approved a Development Order Amendment via R to delete 3 Engineering conditions of approval related to the conveyance of road and drainage easements for the construction of Orange Boulevard east of Royal Palm Beach Boulevard and landscaping within Orange Boulevard Right-of-way; and delete 1 Planning condition of approval regarding future access to Orange Boulevard. History of Bayhill Commons (Proposed Location for Signs) On August 25, 2009, the Board of County Commissioners (BCC) adopted a large Scale Future land use Amendment, 112 th /Northlake Commercial SW (LGA ), via Ordinance , to change the FLU designation from Rural Residential, 1 unit per 5 acres (RR-5) to Commercial Low with underlying Rural Residential. During the Land Use Plan amendment process, the owner agreed to provide a pedestrian connection and a vehicular connection to Bayhill Estates. On June 24, 2010, the BCC approved a rezoning application to rezone 9.82 acres of land from the Agricultural Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District to allow for the development of 42,819 SF of medical office with one access point from Northlake Boulevard via Resolution No. R The site plan approved along with the Rezoning application included a vehicular connection to Bayhill Estates. The site plan provided access from Northlake Boulevard to line up with the Golf Course access point on the north side of Northlake Boulevard which in turn would connect to Bayhill Drive (approximately 500 feet south of the south right-of-way line for Northlake Boulevard). The approved sign for Bayhill Commons is 12 feet high with a maximum sign face area of 100 SF. The vehicular connection from Bayhill Estates through Bayhill Commons has not been constructed to date. VARIANCE REQUEST This application is a request for variances from the Palm Beach County Unified Land Development Code (ULDC) for Planned Unit Development (PUD) for Temporary Residential Development Signs to be located on a parcel of land east of the projects entrance (Bayhill Drive) on the Bayhill Commons property, owned by Northlake 20, LLC. The builder/developer of the majority of the remaining lots within Bayhill Estates has entered into a lease agreement with Northlake 20, LLC to install the Temporary Residential Development Signs 25 feet south of the south right-of-way line for Northlake Boulevard. Both off-site signs will be temporary as it is the intent of the builder/developer to remove the signs prior to the 95 th percent of the development has received a C.O. or three years, whichever is later (as is stipulated in 8.D.5. of the ULDC). The first sign would be located approximately 880 feet east of the east right-of-way line for Bayhill Drive and the second sign to be placed approximately 1250 feet east of said Bayhill Drive east right-of-way line. Northlake Boulevard is a 140 foot wide (ROW) arterial road which is built as a 5 lane divided (east of Bayhill Drive) to 4 lane divided (west of Bayhill Drive) with additional turn lanes at cross streets. The speed limit for Northlake Boulevard is 55 MPH. The closest stop light is located at Ibis Way just over 1 mile east of Bayhill Drive. The majority of the traffic visiting the project is coming from the east and given the rate of speed, the lack of traffic signals and the lack of signage it is easy to pass right by the entrance to Bayhill Estates. Bayhill Estates entry, known as Bayhill Drive, is located approximately 130 from the PUD eastern boundary. The proposed Temporary Residential Development Signs being located on the Northlake 20, LLC property will provide for significantly improved notification to visitors and guests notifying them that they are approaching the entrance and therefore can prepare to slow down, move into the existing left turn lane and safely make the left turn at the entrance without: (1) slamming on their brakes to get into the travel lane while driving 55+ miles per hour; or, (2) traveling out of their way and ZC June 7, 2012 Page 199

22 then being forced to do an unsafe U-turn west of the entrance. Without proper signage directing visitors and future residents to the site, motorists may get confused, end up slamming on their brakes at the last moment causing an unsafe condition for other drivers who may be traveling too close to stop abruptly. This condition has become problematic for many drivers visiting the project. To best direct potential buyers, it has been determined that signage placed approximately 1250 feet and also at 880 feet east of the point where a driver must turn left, would be beneficial not only from a marketing standpoint but most importantly from a safety standard. It has been brought to our attention from numerous visitors that they have either passed the entrance to the project, had to do a U-turn further down Northlake Boulevard or they ended up slamming on their brakes at the last minute just short of getting rear-ended by another driver traveling too close. This condition has become very serious to not only the future residents but also the existing residents within the community. The proposed signs would better direct future buyers to turn left at Bayhill Drive. The existing Bayhill project sign is not visible from a sufficient distance on Northlake Blvd. to properly advise travelers as to the proximity of the entrance. In addition, due to the limited frontage of the PUD on Northlake Blvd., a project identification sign actually on the eastern corner of the PUD serves no functional purpose as it would be too close to the actual entry, actually occurring after someone would already have to be in the left turn lane to enter the project (as the PUD eastern boundary is approximately 130 from the Bayhill Drive roadway) and typical turn lanes are 230 of storage with a 50 taper. Because the Unified Development Code (ULDC) only allows for Temporary Residential Development Signs to be located within the development site itself, it is imperative to obtain the requested variance to allow the signage off site, to 1250 feet and 880 feet from the project entry. The FDOT standard deceleration length required to stop given the 55 MPH is 350 feet. In addition, the ULDC only allows for Temporary Residential Development Signs to be 10 feet in height with a maximum sign face area of 32 SF. Given the width of the right-of-way for Northlake Boulevard (140 feet), and the rate of speed 55 MPH, the ULDC authorized Temporary Residential Development Sign size (32 sf) and height (10 feet) would not be appropriate as the visibility is compromised and motorists would not have enough time or distance to react, slowdown and make a safe left turn at the entrance to Bayhill Estates. The property in which we are proposing to place the signs is currently vacant and therefore makes a perfect location for the proposed Temporary Residential Development Signs. To the north of the project lies the City of Palm Beach Gardens Golf Course and west of the Golf Course if vacant land owned by Salvatore Balsamo. On the south side of Northlake Boulevard, east of the project entrance is vacant property owned by Northlake 20 LLC which was previously rezoned to an MUPD Zoning District and is known as Bayhill Commons (this is the site the signs would be placed). From State Road 7 to the projects entrance there are two traffic signals. The first being 1000 feet west of State Road 7 and the second being approximately 2600 feet west of State Road 7 at Ibis Way. Bayhill Drive is a non-signalized access point which is over a mile from the aforementioned signal at Ibis Way. The requested signs are not in conflict with the intent of the Comprehensive Plan or the ULDC. A summary chart of the requested variances is provided below: Chapter D. Section 5: Temporary Residential Development Signs: ULDC Code Required Proposed Variance Section #1 Article 8.D.5. Signs to be located on the On a parcel Temporary development site abutting the residential development site, development not on the signs located on a development site. parcel that is not the development site. #2 Article Maximum Sign Area per Maximum Sign 48 SF per sign 8.D.5.B. Sign (32 SF) Area per Sign (80 (Max. Sign SF) per sign. Area) #3 Article Maximum Height = 10 feet Maximum Height = 2 feet ZC June 7, 2012 Page 200

23 8.D.5.B. (Max. Height) 12 feet The variance criteria have been address below and the requirements set forth in Article 2.B.3.E of the ULDC as follows: 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME DISTRICT: Variance 1: The location of the entrance to Bayhill Estates (Phase II of the overall project) is situated at the eastern limits of the project thereby providing a special condition and circumstance that is peculiar to this parcel of land due and not particularly applicable to other parcels within the same district. The parcel that directly abuts the access point to the project includes a large water management tract and is physically too close to the entrance to provide the necessary distance for a sign to be able to direct potential visitors that they are approaching the entrance to the project. In order for a temporary residential development sign to be effective it must be situated far enough away from the entrance to notify drivers that they are approaching the access point. Given the rate of speed on Northlake Boulevard at 55 MPH, the FDOT Standard for deceleration is a minimum of 350 feet. The special circumstances that are relative to this variance are directly related to the proposed location of the temporary residential development signs as they are situated on two parcels of land that are owned by one entity, Northlake 20 LLC. This parcel was approved for 42,819 SF of Medical Office by the Palm Beach County Board of County Commissioners on June 24, 2010 via Resolution R One of the Conditions of Approval noted in said Resolution for the Bayhill Commons project included the requirement to provide an access connection through the project connecting to Bayhill Drive. Although this connection is shown on the current approved site plan for Bayhill Commons, it is not yet recorded. In accordance with the Condition of Approval, the access connection must by recorded prior to final site plan approval. If this access easement were recorded, then this variance would not be necessary. Special circumstances exist that are peculiar to this parcel of land due to the location of the access road at the eastern limits of the project together with the rate of speed on Northlake Boulevard and the width of the Right-of-Way. If the proposed Temporary Residential Development Signs were to be placed within the limits allowed in the ULDC, the potential visitors driving westbound on Northlake Boulevard at 55 MPH would not see the sign in enough time to react, slow down and get into the leftbound turn lane at the projects entrance prior to making the required left turn. The FDOT standard deceleration for a 55 MPH road is a minimum of 350 feet. The majority of the traffic visiting the project is coming from the east and therefore signage is consequential to the safety of motorists traveling westbound on Northlake Boulevard looking for the entrance to the project. Motorists need to be notified by safe and adequate signage that they are approaching their destination in order to react, slow down and make the necessary left turn at the project entrance. Again, the location of the entrance to Bayhill Estates at the eastern limits of the project, the rate of speed on Northlake Boulevard, and the width of the R/W combined make the special circumstances peculiar to this parcel, which are not applicable to other parcels in the same district. Variance 2) and 3): The special circumstances that exist that are peculiar to this parcel of land again are due to the combined factors including the location of the access road at the eastern limits of the project, the rate of speed on Northlake Boulevard, the width of the R/W and the lack of a traffic signal at the entrance. If the proposed Temporary Residential Development Signs were to be constructed at the size and height permitted in the ULDC, 10 feet high and 32 SF, the potential buyers driving westbound on Northlake Boulevard would not see the signs in enough time to slow down and get into the left-bound turn lane before making the required left turn. The majority of the motorists visiting the project are coming from the east and therefore visibility is imperative to notify drivers that they are approaching the turning point to the project so that they can slow down and get into the left-bound turn lane without causing problems for other drivers on the road. The location of the access point to Bayhill Estates and the lack of a traffic signal at Bayhill Drive combined are special circumstances peculiar to this project, which are not applicable to other parcels in the same district. Two signs are necessary to better direct motorists from missing the access point into the project and thus requiring them to make an unsafe U turn further down the road and then back track. The distance a motorist ZC June 7, 2012 Page 201

24 must travel on Northlake Boulevard, combined with the rate of speed are special circumstances not typically found in Palm Beach County. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: Variance 1: The access point to the project is directly related to the need for this variance. The parcel abutting the access opening is utilized as a water management tract which is owned by the Estates Property Owners Association. The width of that parcel fronting Northlake Blvd. does not allow the proper distance for directional signage to be adequate for notifying motorists of the upcoming turn. The rate of speed on Northlake is 55 MPH and the FDOT standard for deceleration is a minimum of 350 feet. The fact that the point of access is located at the eastern limits of the project having frontage on Northlake Boulevard, the rate of speed on Northlake Boulevard and the lack of a traffic signal at the projects entrance is not a result of the action of the applicant. Variance 2) and 3):The special conditions and circumstances for the need of these variances are directly related to safety and visibility. In order to maintain a safe level of traffic movements at the entrance to Bayhill Estates, it is necessary to notify motorists that they are approaching their destination and need to react, slow down and prepare to turn left. Proper visible signage is necessary to notify motorists that they are approaching their destination. Without the appropriate signage, they motorists will not have enough time to react, slowdown and move into the left turn-lane in order to make the required left turn. If the signs are too small or too short, motorists would not be able to see them given the rate of speed along Northlake Boulevard. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS, OR STRUCTURES IN THE SAME DISTRICT: Variance 1 3: The granting of this variance shall not confer upon the applicant any special privilege denied by the Comprehensive Plan and this Code to other parcels of land, buildings, or structures in the same district as other developments within Palm Beach County which can demonstrate special circumstances and compliance with the variance criteria can also be granted the variances. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: Variance 1: The literal interpretation and enforcement of the terms and provisions of this Code would deprive the applicant of rights commonly enjoyed by other parcels of land in the same district. Not only is it a disadvantage from a marketing standpoint in regard to the sale of units within Bayhill Estates it is also a major safety concern for both the future visitors to the project, and the existing residents within the community. Given the location of Bayhill Estates, which is Phase II of the overall project, approximately 1.5 miles south of Northlake Boulevard, visibility is non-existent. The intent of the Code which allows Residential Development Signs but not on a parcel not abutting the parcel identified on the sign is problematic for this project giving the rate of speed along Northlake Boulevard and the lack of a traffic signal at the projects entrance. Variance 2) and 3):The intent of the code limitation to allow 32F of sign face area and 10 feet in height does not provide for safe and adequate direction for motorists attempting to located the entrance to the project. The location of the proposed signs allows the motorist enough time to react, slow down, move to the left turn lane and make the turn without making any last minute turning movements. Again the necessity for 2 Temporary Residential Development Signs with 80 foot sign face areas and a maximum height of 12 feet is related to safety. The proposed signs would provide the motorists with safe and adequate direction while alerting them of the upcoming required turning movement. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: Variance 1: The proposed location of the Temporary Residential Development Signs for this project ZC June 7, 2012 Page 202

25 is the minimum necessary to make reasonable use of the parcel of land, building or structure. Given the location of the projects entrance north and east of Bayhill Estates prohibits motorists from a view of the project, and thus allows many motorists to miss the entrance requiring them to do an unsafe U- turn further west of the project on Northlake Boulevard. The proposed location for the directional signs is the minimum variance that will make possible the reasonable use of the parcel of land with the current development for Bayhill Estates. Variance 2) and 3): The granting of the variance for two Temporary Residential Development Signs on the Bayhill Commons land is the minimum necessary to allow for safe and adequate direction for motorists to locate the entrance to Bayhill Estates. They are placed so as to direct motorists traveling westbound on Northlake Boulevard adequate time to react, slow down and turn left. The proposed number of signs, their size, and height are necessary in order to provide safe and adequate direction to motorists attempting to locate the entrance to the project. 6. GRANT OF VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: Variance 1: The granting of this variance is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Variance 2) and 3): The granting of this variance is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The proposed number of signs, their size, and height are necessary in order to provide safe and adequate direction to motorists attempting to locate the entrance to the project and it is not inconsistent with the Plan. 7. THE GRANTING OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: Variance 1: Approval of the proposed variance will not be injurious to the area, nor will it be detrimental to the public welfare. In fact, it will allow for the placement of the Temporary Residential Development Signs which will provide safe and adequate direction to assist motorists traveling westbound on Northlake Boulevard to safely react, slow down and make the required left turn into the project. As mentioned previously, because the Temporary Residential Development Signs are temporary and they will be removed at the time of build out (95% CO or three years, whichever is later), the granting of this variance is not injurious to the area or detrimental to the Public. Variance 2) and 3): Approval of the proposed variance to increase the sign face area and to increase the height of the signs will not be injurious to the area, nor will it be detrimental to the public welfare. To the contrary, the Temporary Residential Development Signs will provide safe and adequate direction to motorists attempting to locate the entrance to Bayhill Estates. In addition, given the aspect that the proposed signs are temporary and will be removed at the time of build out, any notion of them being detrimental can be eliminated. Conclusion: Palm Beach West Associates III, LLLP, respectfully requests your consideration for the variance requests from Article 8.D.5. of the Unified Land Development Code. ZC June 7, 2012 Page 203

26 This page left blank intentionally