PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ZV/PDD Application Name: Boca Dunes PUD Control No.: Applicant: Cove Club Inv Ltd Owners: Cove Club Inv Ltd Agent: Land Design South, Inc. - Brian Terry Telephone No.: (561) Project Manager: Roger Ramdeen Senior Site Planner TITLE: a Type II Variance REQUEST: to modify an Incompatibility Buffer around the perimeter of the PUD. TITLE: an Official Zoning Map Amendment to a Planned Development District REQUEST: to allow a rezoning from the Agriculture Residential (AR) Zoning District to the Planned Unit Development (PUD) Zoning District. APPLICATION SUMMARY: Proposed are a Type II Variance and an Official Zoning Map Amendment for the Boca Dunes Planned Unit Development. The subject property is a part of the existing Boca Dunes Golf Course development, which was permitted by right prior to current land development regulations. There is a concurrent request (Application ) for the deletion of the acre parcel from the existing golf course for the creation of this PUD. The Applicant is requesting to rezone the acre parcel from the Agriculture Residential (AR) Zoning District to the Planned Unit Development (PUD) Zoning District.to develop 211 Townhouse units. The Applicant is also requesting Type II Variances to allow the elimination of a continuous, opaque landscape barrier within the Type II Incompatibility Buffer; reduce the number of trees within that buffer; and, allow an increase in the maximum spacing of trees. The Preliminary Master Plan indicates 1 Residential Pod with 211 Townhouse units, 1.27 acre Recreation Pods (0.95 acre Recreation Area and 0.32 acre Passive Recreation Area), 0.24 acre Neighborhood Park, and a 9.61-acre, 1.77-acre and 2.45-acre Lake Tracts. One access is proposed from SW 18 th Street. SITE DATA: Location: Lyons Road and State Road 7 on the north side of Southwest 18th Street. (Boca Dunes PUD) Property Control Number(s) Existing Land Use Designation: High Residential (HR-8) Proposed Land Use Designation: No proposed change Existing Zoning District: Agriculture Residential District (AR) Proposed Zoning District: Planned Unit Development (PUD) Acreage: (affected area acres) Tier: Urban/Suburban Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile N/A Future Annexation Area N/A RECOMMENDATION: Staff recommends approval of the requests subject to 7 Conditions of Approval as indicated in Exhibit C-1 and 13 Conditions of Approval as indicated in Exhibit C-2. ACTION BY THE ZONING COMMISSION (ZC): At the June 4, 2015 hearing, this application was on the Regular Agenda. Staff and the Agent presented this application, along with ZV/PDD Boca Dunes PUD together to the Commission. They provided a detailed history of the developments, function and layout, and the procedures and steps taken to inform the public prior to the hearings. Three cards were submitted by the public, two people spoke in support of the applications. The third person, representing Sandalfoot Cove Section 1, chose not to speak but provided comments that BCC June 25, 2015 Page 170

2 they have no opposition, but are in active negotiation with the Applicant to seek accommodation for any impacts. The ZC discussed the layout proposed and liked the preservation of the golf course and the views remaining for the existing residents. They thanked the Agent for the outreach to the public. The ZC voted to approve the Type II Variances on both applications and recommended approval of the Rezoning to RS and PUD Zoning Districts and the Class A Conditional Use for the golf course with votes of 8-0. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 59 contacts from the public regarding this project, of which 6 are in support and 53 are in opposition. Those who do not support the project have concerns that are summarized as follows: -do not want views of someone s backyard; -the proposed entrance should be relocated; -oppose to the removal of the 6-foot high barrier and reduction in the number of trees; -the development will create water problems, and may cause additional traffic, and there are already too many accidents on Barwood North; -have concerns with the elimination of the golf course, there will be a loss of scenic views; -may have potential chemical contamination on the site because it has been a golf course for so many years; -it is an older community that does not want kids, animals and increased traffic, they want the beauty/serenity to remain; - development may cause construction noise and dust and health issues; and, -loss of privacy, and do not what townhouses next to the road and condominium. PROJECT HISTORY: The existing golf course does not have any previously recorded approvals by the Board of County Commissioners in relation to the existing golf course use. It is believed that at the time of development of the golf course, it was permitted by right in Palm Beach County with building permits issued in 1969 for the Clubhouse. A Commercial Communication Tower was approved on the portion of the golf course with the maintenance structures. The BCC approved a Type II Waiver from the dimensional criteria on October 22, 2009, through Resolution SURROUNDING LAND USES: Surrounding the proposed project on all sides is the existing Boca Dunes Golf Course. The following are the surrounding uses located beyond the golf course: NORTH: FLU Designation: High Residential (HR-8) Zoning District: Multifamily Residential (Medium Density) District (RM) Supporting: Single Family Residential (Sandalfoot Cove Section Three and Four, No Control #) Zoning District: Multifamily Residential (High Density) District (RH) Supporting: Multiple Family Residential (Vallhala Village Condo, No Control #; Chateau on the Knoll, No Control #; and Greenhouse of Boca, No Control #) FLU Designation: Utilities and Transportation (UT) Zoning District: Public Ownership (PO) District Supporting: Utilities (Palm Beach County Water Utilities, Control No ) SOUTH: FLU Designation: High Residential (HR-8) Zoning District: Multifamily Residential (High Density) District (RH) Supporting: Multiple Family Residential Condominium (Boca Barwood, No Control #) EAST: FLU Designation: Zoning District: Supporting: High Residential (HR-8) Multifamily Residential (High Density) District (RH) Multifamily Residential Condominium (The Patios of Boca and Sandalfoot Cove, No Control #; Section Eleven, No Control #) BCC June 25, 2015 Page 171

3 WEST: FLU Designation: High Residential (HR-8) Zoning District: Agriculture Residential (AR) Supporting: Mobile Home Residential (Sandalfoot Cove Section 1, No Control #) TYPE II VARIANCE SUMMARY: At the June 4, 2015 ZC hearing, the ZC approved the following variances subject to the Conditions of Approval as indicated in Exhibit C-1 and effective upon the approval of the Rezoning. Variance No. Code Section Required Proposed Variance V1 (Barrier) Article 7, Table 7.F.9.A V2 (Trees) Article 7, Table 7.F.9.A V3 (Tree Spacing) FINDINGS: Rezoning Standards: Article 7, Table 7.F.9.A A continuous, opaque landscape barrier. The landscape barrier shall either be a hedge, fence or wall with a mix of small, medium, and large shrubs. Trees shall be provided for every 20 lineal feet. Maximum Tree Spacing for canopy trees is 20 feet. A non-continuous landscape barrier with no hedge material provided as required by code. Allow a reduction in the number of trees by 25 percent. Increase spacing of trees. Eliminate the six foot opaque barrier. To reduce the number of trees within the Type II Incompatibility Buffer by 25 percent. To allow flexibility of the tree spacing in the landscape buffer When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An Amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including densities and intensities of use. o Density & Workforce Housing (WHP) Program: The subject site was part of a stand-alone golf course that was not part of a larger master plan. The density is based on the subject acre site and not the overall golf course. The Applicant is requesting a total of 211 units, which is less than the maximum of 332 units the site could be allowed (41.58 x 8 = ). However, since the request is greater than 10 units, participation in the program will be mandatory. The Workforce Housing Program provides housing for qualified buyers with an income that is % of the Area Median Income (AMI). Currently, per HUD, Palm Beach County has an AMI of $63,300. Additionally, the Applicant has chosen WHP Option 2, Limited Incentive, to only utilize the Standard density, not the maximum PUD density, and is requesting no additional density bonus. Therefore, the required Workforce Housing will be calculated as follows: 211 units x 2.5% of standard density = 5.28 (rounded down) = 5 units of WHP required o WHP Program Off-site Options: The Applicant has stated in the Justification Statement that they wish to utilize WHP Off-site Options, to buy-out of the 5 required Workforce Housing Program (WHP) units. ULDC Article 5.G.1.G.4. Option 4, allows for an in-lieu payment for the WHP units. The payment shall be received by the Department of Economic Sustainability (DES), prior to the release of the first residential Building Permit. Accordingly, the following Condition of Approval shall apply: BCC June 25, 2015 Page 172

4 Prior to the issuance of the first residential Building Permit, the Applicant shall submit payment to Department of Economic Sustainability (DES) and a copy of a receipt for that payment to the Planning Division in the amount of $407,500 (5 units at $81,500 per WHP unit). The mandatory WHP program requires that a percentage of units be deed restricted for a specified term to be sold or rented. The following are the current sales and rental prices per income category for 2014 in Palm Beach County. These homes cannot be sold or rented at a higher price and any Utility Allowances are to be applied against gross maximum rent and the rental prices. Based on the Median Family Income of $63,300, the following are the WHP sales and rental Prices: WHP Sales Prices: WHP Income Category 2014 Sales Prices Low (60-80%) $132,930 Moderate-1 (>80-100%) $170,910 Moderate-2 (> %) $208,890 Middle (> %) $246,870 WHP Rental Prices: Income % 1 BR 2 BR 3 BR 4 BR 60% $735 $882 $1,019 $1,137 80% $981 $1,176 $1,359 $1, % $1,226 $1,470 $1,699 $1, % $1,471 $1,764 $2,038 $2, % $1,716 $2,058 $2,378 $2,653 o Special Overlay District/ Neighborhood Plan/Planning Study Area: The site is not located within any neighborhood plans, overlays or plan study areas as identified in the Comprehensive Plan. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. The rezoning of a portion of the golf course to a Planned Development District is not in conflict with any portion of this Code. o Exemplary Design - The proposed development will contain 211 townhomes in a mix of 4, 5, 6, 7, and 8 units clustered in 33 buildings. Two lakes totaling 4.22 acres, for drainage are provided in the interior of the development. A 6,928 square foot clubhouse with swimming pool and tot lot is also provided with additional recreation and open space available in the development. The project provides sidewalks throughout, which provide pedestrian access to amenities. o Parking - The proposed parking is in compliance with the minimum requirements for the Townhome development of 2 spaces per dwelling unit. A total of 429 parking spaces are required and 440 spaces are provided for the townhomes and clubhouse area. o Landscape/Buffering The PUD provides landscape buffers between the project and the adjacent golf course. The Applicant has applied for variances to allow some modifications of the required landscape buffers that still maintain an adequate buffer between uses. See analysis under the Variance Standard 2. Staff notes that although there is a reduced buffer (Art. 7.F.C of the ULDC) around the perimeter of the PUD, the Preliminary Master Site Plan indicates a 50-foot wide buffer along the entire length of the entry drive which is approximately 360 feet. o Architectural Review - Architectural Review in compliance with Art. 5.C. is not required as the proposed townhouse development does not propose more than 16 units per building. o Signage - The Preliminary Master Plan indicates the location of two signs at the project s main entrance. Each sign will comply with the ULDC by providing a maximum sign area of 60 square feet with a maximum height of eight feet. BCC June 25, 2015 Page 173

5 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The proposed amendment for a planned unit development is compatible with the surrounding area. Adjacent to the existing golf course are single family and multiple family developments. The proposed townhouse project is an appropriate use of the property. The proposed development is buffered from the surrounding community by the Boca Dunes Golf Course, which provides a minimum of 50 feet of open space between the uses. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. VEGETATION PROTECTION: The property has been previously cleared for an existing golf course. ONSITE CONTAMINATION: The submitted Environmental Phase I Audit did not indicate any history of discharges of regulated substances on the golf course. However, it further stated that the traditional use of pesticides on the site may have resulted in the accumulation of heavy metals in the soil that could be disturbed during the residential site development and further remediation may be required. A Phase II Environment Audit, to determine any areas that may require remediation, shall be submitted to ERM prior to site plan approval. WELLFIELD PROTECTION ZONE: The property is located with a Wellfield Protection Zones 1, 2, 3 and 4. The development of a residential PUD is consistent with Wellfield Protection requirements. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non-stormwater discharge or the maintenance or use of a connection that results in a non-stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. The proposed project does not create adverse environmental impacts on the subject property, which has been in use for more than 40 years as a golf course. No native vegetation remains on the subject site. The proposed project will result in the installation of additional native vegetation within the landscape buffers. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The proposed amendment will result in a logical development pattern. The proposed project is surrounded on all sides by the existing golf course. The resulting project provides buffering from other adjacent residential single family and multiple family developments by providing buffers between the uses. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS The proposed project is expected to generate of 1,477 daily trips, 94 AM and 111 PM peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). A 2019 buildout date was analyzed in the traffic study. There are no improvements to the roadway system required for compliance with TPS. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) BCC June 25, 2015 Page 174

6 Segment: SW 18th Street from SR 7 to Lyons Road Existing count: Eastbound = 527; Westbound = 810 Background growth: Eastbound = 27; Westbound = 53 Project Trips: Eastbound = 44; Westbound = 30 Total Traffic: Eastbound = 598; Westbound = 893 Present laneage: 4 Lanes Assured laneage: 4 Lanes LOS "D" capacity: 1,960 vehicles per hour (directional) Projected level of service: "D" or better Prior to issuance of the first building permit, the Property Owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto or work within S. W. 18th Street. The Property Owner shall abandon or release all easements within the limits of the property in conflict with proposed improvements. This includes the 12-foot flowage easement shown on the plans to conflict with proposed residential lots. PALM BEACH COUNTY HEALTH DEPARTMENT: The proposed request has been reviewed by the Health Department and there are no issues at this time. FIRE PROTECTION: The proposed request has been reviewed by the Fire Department and there are no issues at this time. SCHOOL IMPACTS: In accordance with adopted school concurrency, a Concurrency Determination for 211 multi-family units had been approved on September 23, 2014 (Concurrency Case # C). The subject property is located within Concurrency Service Area 21 (SAC 331C). This project is estimated to generate approximately thirty-eight (38) public school students. The schools currently serving this project area are: Hammock Pointe Elementary School, Eagles Landing Middle School, and Olympic Heights Community High School. The Preliminary Subdivision Plan (dated 3/12/15) shows one (1) 10' by 15' school bus shelter. A school bus shelter condition of approval has been applied to this request. PARKS AND RECREATION: Based on a proposed 211 dwelling units, a minimum of 1.27 acres of on-site recreation is required. The plan submitted indicates 1.27 acres of recreation will be provided, therefore, Parks and Recreation Department standards have been addressed. The project meets all concurrency requirements, including, but not limited to water and sewer service. 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The Agent has stated that the proposed rezoning request allows the Applicant the opportunity to provide for a well planned, suitable and functional development. The subject site represents an opportunity for enhancement and redevelopment of an existing property. CONCLUSION: Staff has evaluated the standards listed under Article 2.B. and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, Staff is recommending approval of the proposed Official Zoning Map Amendment to a Planned Development District. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibits C-1 and C-2. BCC June 25, 2015 Page 175

7 CONDITIONS OF APPROVAL Exhibit C-1 Type II Variance - Concurrent ALL PETITIONS 1. The approved Preliminary Master Plan is dated March 12, Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) LANDSCAPE - GENERAL 1. Prior to Final Plan approval by the Development Review Officer (DRO), the Property Owner shall submit a Landscape Plan to the Landscape Section for review and approval. (DRO: ZONING - Zoning) VARIANCE 1. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/Z/CA (ONGOING: ZONING - Zoning) 2. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (ONGOING: ZONING - Zoning) 3. 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: ZONING - Zoning) 4. 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; the 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 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: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC June 25, 2015 Page 176

8 CONDITIONS OF APPROVAL Exhibit C-2 PDD- Residential Planned Development District ALL PETITIONS 1. The approved Preliminary Master Plan is dated March 12, Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING - Engineering) 2. Prior to issuance of the first building permit, the Property Owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code, including any residual parcels as requierd by Code. (BLDGPMT: MONITORING - Engineering) 3. Prior to issuance of the first building permit, the Property Owner shall abandon or release, and relocate as necessary, all easements within the limits of the property that are in conflict with proposed improvements, including the 12-foot flowage easement. (BLDGPMT: MONITORING - Engineering) 4. The Property Owner shall construct a left turn lane northwest approach on SW 18th Street at the project entrance. 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. a. Permits required from Palm Beach County for this construction shall be obtained prior to the issuance of the first building permit. (BLDGPMT: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) ENVIRONMENTAL 1. A Phase II Environmental Audit, of all areas included in the residential development, shall be submitted to ERM for review prior to DRO site plan approval. (DRO: ENVIRONMENTAL RESOURCES MANAGEMENT - Environmental Resources Management) LANDSCAPE - GENERAL 1. Prior to Final Plan approval by the Development Review Officer (DRO), the Property Owner shall submit a Landscape Plan to the Landscape Section for review and approval. (DRO: ZONING - Zoning) PLANNING 1. Prior to the issuance of the first residential Building Permit, the applicant shall submit payment to Department of Economic Sustainability(DES) and a copy of a receipt for that payment to the Planning Division in the amount of $407,500 (5 units at $81,500 per WHP unit). (BLDGPMT: MONITORING - Planning) SCHOOL BOARD 1. The property owner shall post a notice of annual boundary school assignments for students from this development. A sign 11 X 17 shall be posted in a clear and visible location in all sales offices and models with the following: BCC June 25, 2015 Page 177

9 NOTICE TO PARENTS OF SCHOOL AGE CHILDREN School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) for the most current school assignment(s). (ONGOING: SCHOOL BOARD - School Board) 2. Prior to the issuance of the first Certificate of Occupancy (CO), the 10' by 15' school bus shelter shall be constructed by the property owner in a location and manner acceptable to the Palm Beach County School Board. Provisions for the bus shelter shall include, at a minimum, a covered area, continuous paved pedestrian and bicycle access from the subject property or use, to the shelter. Maintenance of the bus shelter shall be the responsibility of the residential property owner. COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners 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: ZONING - 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; the 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 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 of Approval; 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: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC June 25, 2015 Page 178

10 Figure 1 - Land Use Map BCC June 25, 2015 Page 179

11 Figure 2 - Zoning Map BCC June 25, 2015 Page 180

12 Figure 3 Aerial BCC June 25, 2015 Page 181

13 Figure 4 Preliminary Master Plan - dated March 12, 2015 page 1 of 4 BCC June 25, 2015 Page 182

14 Figure 4 Preliminary Master Plan - dated March 12, 2015 page 2 of 4 BCC June 25, 2015 Page 183

15 Figure 4 Preliminary Master Plan - dated March 12, 2015 page 3 of 4 BCC June 25, 2015 Page 184

16 Figure 4 Preliminary Master Plan - dated March 12, 2015 page 4 of 4 BCC June 25, 2015 Page 185

17 Figure 5 Preliminary Regulating Plan dated March 12, 2015 page 1 of 2 BCC June 25, 2015 Page 186

18 Figure 5 Preliminary Regulating Plan dated March 12, 2015 page 2 of 2 BCC June 25, 2015 Page 187

19 Figure 6 Preliminary Subdivision Plan - dated March 12, 2015 page 1 of 4 BCC June 25, 2015 Page 188

20 Figure 6 Preliminary Subdivision Plan - dated March 12, 2015 page 2 of 4 BCC June 25, 2015 Page 189

21 Figure 6 Preliminary Subdivision Plan - dated March 12, 2015 page 3 of 4 BCC June 25, 2015 Page 190

22 Figure 6 Preliminary Subdivision Plan - dated March 12, 2015 page 4 of 4 BCC June 25, 2015 Page 191

23 Figure 7 Conceptual Landscape Plan - dated February 23, 2015 page 1 of 4 BCC June 25, 2015 Page 192

24 Figure 7 Conceptual Landscape Plan - dated February 23, 2015 page 2 of 4 BCC June 25, 2015 Page 193

25 Figure 7 Conceptual Landscape Plan - dated February 23, 2015 page 3 of 4 BCC June 25, 2015 Page 194

26 Figure 7 Conceptual Landscape Plan - dated February 23, 2015 page 4 of 4 BCC June 25, 2015 Page 195

27 Exhibit D - Disclosures BCC June 25, 2015 Page 196

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29 BCC June 25, 2015 Page 198

30 BCC June 25, 2015 Page 199

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37 Exhibit E Applicant s Justification Statement JUSTIFICATION STATEMENT Boca Dunes PUD Control #: Rezoning, Type II Variance and Concurrency Requests Initial Submittal: September 17, 2014 Resubmittal: November 24, 2014 Resubmittal: January 26, 2015 Resubmittal: February 23, 2015 REQUEST On behalf of the Petitioner, Land Design South is requesting a Rezoning from Agricultural Residential (AR) to the PUD Zoning District (Planned Unit Development) in order to develop a residential townhome community containing 211 dwelling units/lots. The acreage of the subject site is approximately acres. It is noted that the proposed PUD will not have any ties to the existing stand-alone golf course. A request for Concurrency is also being submitted with this application as well as a request for the following Type II Variance: Request V.1 ULDC Section Required Provided Variance Article 7, Table 7.F.9.A A continuous, opaque landscape barrier. The landscape barrier shall either be a hedge, fence or wall with a mix of small, medium and large shrubs and trees spaced a maximum of 20 on center. A non-continuous landscape barrier with no hedge material, 75% of the required number of trees and increased separation of trees. Small and Medium shrubs are provided as required by code. Around the perimeter of the PUD - elimination of the requirement for a hedge, provision of a variety of tree spacing which exceeds 20 on center and a reduction in the number of required trees by 25% to provide a non-continuous landscape barrier. SITE CHARACTERISTICS The subject site is located on the north side of SW 18 th Street, east of State Road 7 (US 441) and south of Palmetto Road within unincorporated Palm Beach County. The subject property is within the Urban/Suburban Tier and has a Future Land Use designation of High Residential up to 8 dwelling units per acre (HR-8) with a Zoning designation of Agricultural Residential (AR). Currently, the acre subject site is located within the constraints of the existing acre Boca Dunes golf course. It is noted that an exhaustive search of Palm Beach County (PBC) Planning and Zoning records has been completed by both the Petitioner and PBC Staff. This research has not returned any approvals of record in relation to the existing golf course use. It is believed that at the time of development of the golf course that such use was a permitted by-right use in Palm Beach County, which would not have required approvals from County Zoning. Additionally, the subject property is located within Wellfield Protection Zones 2 4 and there are several PBC Potable Water Supply Wells located adjacent to the subject property. There is also a PBC Water Treatment Facility located to the north of the subject property. The Applicant is working with the appropriate agencies to address and eliminate any potential impacts the development may have on the adjacent wells and water treatment facility. The Applicant is requesting the property be rezoned from the AR Zoning District to the PUD Zoning District. The PUD Zoning District is consistent with the HR-8 Future Land Use designation. The proposed use for the subject property includes 211 townhomes with associated recreation uses. The proposed development will have access from SW 18 th Street. It is noted that a separate application for Rezoning of the existing golf course from AR to RS (Single Family Residential) with an associated Class A Conditional Use and Type II Variance is being processed under separate cover. These requests will allow the existing golf course to conform to current zoning requirements while establishing an approval for the property. BCC June 25, 2015 Page 206

38 SURROUNDING PROPERTIES Immediately surrounding the proposed development is the existing Boca Dunes golf course which is zoned AR and has an underlying Future Land Use of HR-8. Beyond the boundaries of the golf course and adjacent to the proposed PUD the surrounding uses are residential in nature and are considered compatible with the subject property/proposed use. The following is a summary of those residential uses: North: To the north of the subject property, exists a mix of residential uses including single family and multi-family units within separate residential communities including the Dunes of Boca a (2-story apartment community) and the Isle of Boca Dunes (a 4-story condominium community) which are platted as the Isle of Sandalfoot Condo 1 thru 7. These properties have a Zoning designation of RH (Multifamily Residential High Density), the RH District is a previously established zoning district which now corresponds to the RM zoning district. The underlying Future Land Use of these surrounding properties is HR-8.; East: To the east of the subject property exists a single-family residential community known as platted as Sandalfoot Cove Section Eleven. This community is located within the Multifamily Residential Zoning District (RM) and has an underlying Future Land Use of HR-8. Also east of the subject property is The Patios of Boca a 4-story condominium community which has a Zoning designation of RH and an underlying Future Land Use of HR-8. South: To the south of the subject property exists a condominium community known as Boca Barwood (platted as Barwood Condominium I, II, III, IV, V & VI) which is located within the RH zoning district and has an underlying Future Land Use of HR-8. West: To the west of the subject property, is an existing mobile home community platted as Sandalfoot Cove Section 1, which is zoned AR and has an underlying Future Land Use of HR-8. Also, west of the subject property is the Boca Dunes Golf and Country Club Clubhouse facility which is zoned AR and has an underlying Future Land Use of HR-8. The Clubhouse is located on a separate lot independent of the golf course. DEVELOPMENT HISTORY As previously discussed, an exhaustive search of Palm Beach County (PBC) Planning and Zoning records has been completed by both the Petitioner and PBC Staff. This research has not returned any approvals of record in relation to the existing golf course use. It is believed that at the time of development of the golf course that such use permitted byright Palm Beach County, which would not have required approvals from County Zoning. There is an approval on record associated with Resolution No. R to grant a Waiver from the required dimensional criteria for a communication tower located at the northwest corner of the golf course. WORKFORCE HOUSING DENSITY CALCULATIONS The property currently retains a FLUA designation of HR-8. Within the HR-8 FLUA designation, the minimum density is 5.0 du/acre and the standard density is 6.0 du/ac. The 211 proposed residential units fall below the standard density requirements for Workforce Housing, with a density of 5.07 du/acre and therefore additional density is not being sought through the Workforce Housing Program. Based upon the standard Workforce Housing Limited Incentive program the calculation for Workforce Housing dwelling units (WFH) is as follows: 211 proposed dwelling units x 2.5% = 5 total WFH Units (5.275 which is rounded down) The Applicant is proposing to purchase/buy-out the five (5) Workforce Housing unit for $81,500 per dwelling unit. REZONING STANDARDS The request is to modify the Zoning designation from AR (Agricultural Residential) to PUD (Planned Unit Development). The proposed PUD will not have any ties to the existing stand-alone golf course. This proposal meets the following requirements set forth in Section 2.B.1.B of the Palm Beach County Unified Land Development Code (ULDC) for Rezoning Approval. 1. Consistency with the Plan The rezoning request is consistent with the Purposes, Goals, Objectives and Policies of the County s Comprehensive Plan. The proposed rezoning request from AR (Agricultural Residential) to the PUD (Planned Unit Development) designation is compatible with the HR-8 (High Residential 8 dwelling units per acre) Future Land Use designation. The density of the proposed project is 5.07 dwelling units per acre, which is below the standard HR-8 FLUA density requirement of 6.0 dwelling units per acre and meets the minimum density requirement of 5.0 dwelling units per acre for the HR-8 FLUA designation. Pursuant to Article 4 of the ULDC, the development of residential townhomes is a use which is permitted by-right for properties with a PUD zoning designation. Additionally, it is noted that the density for the proposed PUD is being created from acreage from the existing golf course and the total acres of the BCC June 25, 2015 Page 207

39 proposed PUD will contain adequate acreage to account for the density in the proposed development without reliance on density transfers from the area that will remain as a golf course. As stated previously an exhaustive search of Palm Beach County records was completed by the Applicant and PBC Staff in search of an approval for the existing golf course. This research has not returned any approvals of record in relation to the existing golf course use. It is believed that at the time of development of the golf course that such use permitted by-right Palm Beach County, which would not have required approvals from County Zoning. Therefore, it has not established that the density on the golf course has ever been encumbered by any other adjacent residential development. The rezoning request to PUD contributes to growth management principles and livable communities by locating residential uses in suitable and well planned locations. It is important to note that residential uses surround the property on all sides, demonstrating the compatibility of such uses at this location. The proposed request is consistent with the standards for building and structural intensities and densities, and intensities of use. The subject site is located within the Urban/Suburban Tier. Approval of this rezoning request will not result in any inconsistencies with the County s Comprehensive Plan. 2. Consistency with the Code The Petitioner is requesting a Rezoning to the PUD designation. The PUD designation is compatible with the HR-8 FLUA designation. The Applicant is not utilizing the Workforce Housing provisions of the ULDC and the five (5) required Workforce Housing units utilizing the Limited Incentive for the Standard Density will be purchased. All requirements of the PUD zoning district will be met as detailed below: Standards for Modifications to Reduce or Reconfigure Existing Golf Courses Article 3.E.1.E.3 of the Palm Beach County Unified Land Development Code (ULDC) requires that any modifications to reduce the acreage or reconfigure the boundaries of a golf course previously approved on a Master Plan to meet the following Criteria: a. Notice to Homeowners: At the time of submitting the zoning application to amend the Master Plan, the Applicant shall provide documentation that the residents of the PUD are notified by certified mail and post notice at the appropriate common areas within the PUD. As previously discussed the subject golf course property does not possess a Palm Beach County Zoning approval. It is not subject to a previously approved Master Plan nor is the property subject to a PUD. The golf course is a stand-alone course not associated with a surrounding residential PUD. While the Petitioner acknowledges that this ULDC code requirement technically does not apply to the subject property or request, they have chosen to fulfill the Notice to Homeowners requirements in an effort to begin a positive line of communication with the residents and Property Owners of the surrounding community. Therefore, as required in Article 3.E.1.E.3 of the County s ULDC, prior to the submission of the application the Applicant notified the residents of the PUD via certified mail of the proposed re-designation of the golf course. A copy of the notice has been included in the application. Additionally, notices have been posted on the subject golf course property of the same. Property Development Regulations The Boca Dunes PUD development proposal meets the purpose and intent of the Planned Development District requirements as well as the FAR, density and use standards outlined in Article 3 of the ULDC. Additionally, the proposal meets the purpose and intent of the Planned Unit Development District outlined in Article 3 of the ULDC including the Objectives and Standards, the Performance Standards and Exemplary Objectives and Standards for a Rezoning to PUD. Finally, the regulations outlined in Article 3 of the ULDC which govern townhome developments are being met with the development proposal. Further details relating to these code sections is outlined below: The development proposal meets Article 3.E.1.C.1 Design Objectives for a PDD as follows: a) Contain sufficient depth, width, and frontage on a public street, or appropriate access thereto, as shown on the PBC Thoroughfare Identification Map to adequately accommodate the proposed use(s) and design. The Boca Dunes PUD is consistent with this PDD Design Objective. The PUD proposes frontage on SW 18 th Street. b) Provide a continuous, non-vehicular circulation system which connects uses, public entrances to buildings, recreation areas, amenities, usable open space, and other land improvements within and adjacent to the PDD. The Boca Dunes PUD provides for residential uses and associated recreational areas connected local neighborhood streets. All of the streets contain appropriate cross-sections which include sidewalks of appropriate widths which provide a continuous pedestrian connection throughout the proposed BCC June 25, 2015 Page 208

40 community. Throughout the community, pedestrian facilities will feature amenities including but not limited to, decorative paving patterns and street furniture such as benches and shade elements created by landscape materials. c) Provide pathways and convenient parking areas designed to encourage pedestrian circulation between uses. Boca Dunes PUD is primarily a residential community with associated recreational amenities. Appropriate parking and pedestrian connections are proposed for the residential and recreational uses. d) Preserve existing native vegetation and other natural/historic features to the greatest possible extent. The Boca Dunes PUD is a acre parcel of land which is being redesignated from golf course use to residential use. Therefore, there is little to no existing native vegetation existing on-site. However, it is noted that the existing golf course is being improved and enhanced and efforts to the greatest extent practical will be made to preserve any native/natural features. The proposed development will not result in any adverse impacts on the natural environment. All proper permitting will be completed for the removal of vegetation through PBC ERM. Additionally, the subject property is located within Wellfield Protection Zones 2 4 and there are several PBC Potable Water Supply Wells located adjacent to the subject property. There is also a PBC Water Treatment Facility located to the north of the subject property. The Applicant is working with the appropriate agencies to address and eliminate any potential impacts the development may have on the adjacent wells and water treatment facility. e) Screen objectionable features (e.g. mechanical equipment, loading/delivery areas, storage areas, dumpsters, compactors) from public view and control objectionable sound. The Boca Dunes PUD is proposed as a residential community and generally has appropriate screening in those cases (nonresidential/recreational) where mechanical equipment, loading, and dumpsters exist. f) Locate and design buildings, structures, uses, pathways, access, landscaping, water management tracts, drainage systems, signs and other primary elements to minimize the potential for any adverse impact on adjacent properties. Boca Dunes PUD is proposed as a new community. Buildings, structures, pathways, access, landscaping, water management tracts, drainage systems, and signs have been designed to minimize the potential for any adverse impact on adjacent properties. Specifically, a lake tract is proposed around a portion of the community between the townhomes and the golf course to ensure adequate separation will exist between the existing adjacent communities and the proposed. A great deal of analysis was undertaken in designing the low intensity use so as not to negatively affect surrounding established uses. The plan submitted herein was undertaken after a detailed assessment of the surrounding built community and a determination where new residential units could be constructed with the minimal impact on adjacent properties. The plan proposes large lake tracts that provide spatial separation between the existing residential homes and the proposed residential homes in keeping with the integrity of the development pattern of the overall area. g) Minimize parking through shared parking and mix of uses. Parking throughout the Boca Dunes PUD has been designed to accommodate the type of use on each parcel. In some cases (recreational) parking lots have been created in appropriate areas proximate to the specific uses and in other cases (single family neighborhoods) individual parking is provided utilizing driveways and garages. Due to the nature of the project, there are no opportunities for shared parking as the current mix of uses are primarily residential with a small amount of recreational uses on separate designated tracts. h. For PDD only, a minimum of one pedestrian amenity for each 100,000 square feet of GFA or fraction thereof shall be incorporated into the overall development to create a pedestrian friendly atmosphere. Suggested amenities include, but are not limited to: 1) public art; 2) clock tower; 3) water feature/fountain; 4) outdoor patio, courtyard or plaza; and 5) tables with umbrellas for open air eating in common areas and not associated with tenant use (i.e. restaurant) or outdoor furniture. This PDD standard appears to apply to non-residential PDD uses. Boca Dunes PUD is a proposed PUD which is residential in nature. The affected area will however be designed to include appropriate focal points such as specimen landscaping, residential monument signage at the entrances, decorative pavement at the BCC June 25, 2015 Page 209

41 entrances and within the proposed streets and right-of-ways, as well as recreational elements within the neighborhood parks. The development proposal meets Article 3.E.1.C.2 Performance Standards for a PDD as follows: a. Access and Circulation 1) Minimum Frontage PDDs shall have a minimum of 200 linear feet of frontage along an arterial or collector street unless stated otherwise herein. The Boca Dunes PUD exceeds this standard. 2) PDDs shall have legal access on an arterial or collector street. The Boca Dunes PUD provides for an access point on SW 18 th Street which meets this requirement for access on an arterial or collector. 3) Vehicular access and circulation shall be designed to minimize hazards to pedestrians, non-motorized forms of transportation, and other vehicles. Merge lanes, turn lanes and traffic medians shall be required where existing or anticipated heavy traffic flows indicate the need for such controls. The Boca Dunes PUD meets all standards for road design including where necessary, turn lanes, traffic medians and signalization. 4) Traffic improvements shall be provided to accommodate the projected traffic impact. Please refer to the Traffic Study. 5) Cul-de-sacs The objective of this provision is to recognize a balance between dead end streets and interconnectivity within the development. In order to determine the total number of local streets that can terminate in cul-de-sacs, the Applicant shall submit a Street Layout Plan, pursuant to the Technical Manual. The layout plan shall indicate the number of streets terminating in cul-de-sacs, as defined in Article 1 of this Code, and how the total number of streets is calculated. During the DRO certification process, the addressing section shall confirm the total number of streets for the development, which would be consistent with how streets are named. Streets that terminate in a T-intersection providing access to less than four lots, or a cul-de-sac that abuts a minimum 20 foot wide open space that provides pedestrian cross access between two pods shall not be used in the calculation of total number of cul-de-sacs or dead end streets. a) 40 percent of the local streets in a PDD may terminate in a cul-de-sac or a dead-end by right. None of the streets are proposed as dead-end streets and thus the standards as outlined in this section do not apply to the development proposal. 6) Nonresidential PDDs shall provide cross access to adjacent properties where possible, subject to approval by the County Engineer. This standard is not applicable as the PDD is residential in nature. 7) Streets shall not be designed nor constructed in a manner which adversely impacts drainage in or adjacent to the project. All streets were constructed with appropriate drainage and permitted either by Palm Beach County or the Florida DOT. 8) Public streets in the project shall connect to public streets directly adjacent to the project. If no adjacent public streets exist, and the County Engineer determines that a future public street is possible, a connection to the property line shall be provided in a location determined by the County Engineer. This standard may be waived by the BCC. The Boca Dunes PUD connects to SW 18 th Street on the south. b. Street Lighting Streetlights shall be a maximum of 25 feet in height and shall be installed along all streets 50 feet in width or greater. The light fixture shall be designed to direct light away from residences and onto the sidewalk and street and shall comply with Article 5.E, PERFORMANCE STANDARDS. Street lighting has been provided in accordance with Article 5.E. PERFORMANCE STANDARDS. BCC June 25, 2015 Page 210

42 c. Median Landscaping Refer to the most recent Engineering and Public Works Operations - Streetscape Standards available from the PBC Engineering Department. Where medians exist they have been landscaped in accordance with the standards in place at the time of construction of said medians. d. Street Trees Street trees shall meet the Canopy tree requirements of Article 7, LANDSCAPING and planting standards pursuant to Engineering and Public Works Operations Streetscape Standards, and as follows: 1) Street trees shall be spaced an average of 50 feet on center. Palms meeting the requirements of Article 7, LANDSCAPING and Engineering and Public Works Operations - Streetscape Standards, may be planted as street trees if spaced an average of 40 feet on center. 2) Street trees shall be located along both sides of all streets 50 feet in width or greater and shall be planted between the edge of pavement and sidewalk. Appropriate root barrier techniques shall be installed where applicable. 3) Street trees shall be installed in accordance with the phasing of the Planned Development pursuant to Art. 7.E.4.B.1, Planned Developments. For Residential PDDs, planting of street trees shall be completed prior to the issuance of the final certificate of occupancy within that phase or pursuant to conditions of approval. 4) This requirement may be waived or modified by the County Engineer if the location of the proposed street trees conflict with requirements of Art.11, SUBDIVISION, PLATTING AND REQUIRED IMPROVEMENTS. New streets within the Boca Dunes PUD will be landscaped in accordance with Article 7, LANDSCAPING. e. Bike Lanes Bike lanes shall be provided in all streets 80 feet in width or greater, unless an alternative is approved by the County Engineer in accordance with Article 11, SUBDIVISION, PLATTING, AND REQUIRED IMPROVEMENTS. Not applicable. f. Mass Transit All nonresidential PDDs over five acres and 50,000 square feet, and all PUDs over 50 units, shall comply with the following, unless waived by the DRO: 1) The location of a Bus Stop, Boarding and Alighting Area shall be shown on the master plan and/or final site plan prior to approval by the DRO, unless written conflicts that one is not required. The purpose of this easement is for the future construction of Mass Transit infrastructure in a manner acceptable to Palm Tran; 2) Prior to the issuance of the first building permit, the Property Owner shall convey to PBC an easement for a Bus Stop, Boarding and Alighting Area, in a location and manner approved by Palm Tran. As an alternative, prior to Technical Compliance of the first plat, the Property Owner shall record an easement for a Bus Stop, Boarding and Alighting Area in a manner and form approved by Palm Tran. The Property Owner shall construct continuous paved pedestrian and bicycle access compliant with the Americans with Disabilities Act (ADA) to and through the Bus Stop Boarding and Alighting Area; and 3) All PDDs with more than 100 units shall comply with the following requirement: Prior to the issuance of the building permit for the 100th unit, the petitioner shall construct a Palm Tran approved mass transit shelter with appropriate access lighting, trash receptacle and bicycle storage. The location of the shelter shall be within an approved Bus Stop Boarding and Alighting Area easement. Any and all costs associated with the construction and perpetual maintenance shall be funded by the petitioner. The Boca Dunes PUD will provide access to Palm Tran routes and stops which exist in the surrounding area. g. Utilities All utility services located in a utility easement, such as telephone, cable, gas, and electric, shall be installed underground or combination/alternative acceptable to the DRO. Utility services for the affected area shall comply with this Standard. BCC June 25, 2015 Page 211

43 h. Parking 1) Residential Uses Parking for residential uses shall comply with Article 6, PARKING. The DRO may require a covenant to be recorded limiting the affected area to a specific use or uses. Residential uses will comply with the parking requirements of Article 6, PARKING. 2) Nonresidential Uses Nonresidential uses located within a PDD may apply the parking standards indicated in Table 6.A.1.B, Minimum Off-Street Parking and Loading Requirements or the minimum/maximum parking standards below. The site plan shall clearly indicate which parking standards are being utilized for the entire site. No new nonresidential uses are being requested as part of this amendment. 3) Design Parking areas open to the public shall be interconnected and provide safe efficient flow of traffic. Parking areas directly adjacent to other parking areas in the same project shall have cross access. Boca Dunes PUD is primarily a residential Planned Unit Development. All residential parking is private. There are no adjacent parking areas which would require cross access. 4) Cross Access Cross access shall be provided to adjacent internal uses/properties, if required by the DRO. Boca Dunes PUD will include new pedestrian facilities which will be enhanced with particular attention devoted to walkways on proposed open space areas. Paths will be provided for existing and future residents to travel from their neighborhoods to the clubhouse parcel, parks, playgrounds, and lake tracts which will ultimately create a greater communal and interconnected experience for families to enjoy. 5) Location-Non-residential PDDs A minimum of ten percent of the required parking shall be located at the rear or side of each building it is intended to serve. Not applicable. 6) Distance All parking spaces shall be located within 600 linear feet of a public entrance of the building which it is intended to serve. a) Remote Parking Areas Paved pedestrian pathways shall be provided to all parking areas in excess of 400 feet from a public entrance. Pathways shall be unobstructed grade separated and/or protected by curbs, except when traversing a vehicular uses area, and clearly marked. Not applicable. i. Way Finding Signs Off-site directional signs, consistent with the on-site directional sign standards in Article 8, SIGNAGE, may be allowed along internal streets in the R-O-W, subject to approval by the County Engineer. The signage for the Boca Dunes PUD shall comply with this standard. j. Emergency Generators A permanent emergency generator shall be required for all Type II and Type III CLFs, Nursing or Convalescent Facilities, and PDD clubhouses 20,000 square feet or greater, and shall meet the standards of Art. 5.B.1.A.18, Permanent Generators. Not Applicable. The development proposal meets Article 3.E.2.B.2 Required Performance Standards for a PDD as follows: a. Proximity to Other Uses All residential pods with five or more units per acre shall be located within 1,320 feet of a neighborhood park, recreation pod, private civic pod, commercial pod, or a public recreational facility. The proposed Boca Dunes PUD contains a residential pod with a density of 5.07 dwelling units per acre and is located immediately adjacent to the proposed recreation pod. A pool, clubhouse, tot lot, neighborhood park (with open play field) and associated parking are provided within the development. Therefore, this standard has been met. BCC June 25, 2015 Page 212

44 b. Focal Points A focal point shall be provided at the terminus of 15 percent of the streets in the project. The focal point may be in the form of a plaza, fountain, landscaping, or similar amenity deemed acceptable to the DRO. The focal point shall not be located on a private residential lot. Three (3) landscape focal points are provided within the round-a-bout and at the terminus of the driveway tracts. Five (5) streets are proposed within the Boca Dunes PUD development and 15% of these streets would be one (1) street required to propose a focal point. Three (3) landscaped focal points representing 60% of the streets are provided throughout the project. Therefore, this requirement has been exceeded. c. Neighborhood Park Neighborhood parks shall have a direct connection to the pedestrian system and include a tot lot, gazebo, fitness station, rest station, or similar recreation amenity. Neighborhood parks shall not be used towards the Parks and Recreation Departments minimum recreation requirements and shall not be located within areas designated for drainage, stormwater management or other utility purposes. Three recreation areas are proposed within the Boca Dunes PUD which will provide a direct connection to the pedestrian system. A clubhouse, pool, tot lot are proposed with the Boca Dunes PUD as well as a.24 acre Neighborhood Park (with open play field) which exceeds this requirement. d. Decorative Street Lighting Decorative street lights shall be provided along the development entrances. Decorative street lights will be provided along the development entrance, thus fulfilling this requirement. e. Decorative Paving Decorative pavers shall be provided at the development entrances and incorporated into recreational areas. This requirement will be satisfied through provision of decorative pavers at the entrance to the development and will also be incorporated into the proposed recreational areas. f. Fountains A minimum of one fountain shall be located in the main or largest lake or water body. A fountain is not proposed with the Boca Dunes PUD. g. Benches or play structures Benches or play structures shall be provided in usable open space areas and along pedestrian pathways. Benches will be provided in the usable open space areas adjacent to the recreational amenity area and the neighborhood park, thus this requirement has been met. h. Interspersed Housing WFH units shall be interspersed with market rate units within a pod. This standard requiring WFH units is being met by providing payment in-lieu of locating the five (5) required WFH units on-site. i. Pedestrian Circulation System An interconnected pedestrian sidewalk, path or trail system shall be provided linking pods to recreational amenities within the development. An interconnected pedestrian sidewalk is proposed throughout the project, ensuring proper circulation and linkages between the recreational amenities and the residential units within the development. This standard has been met. Property Development Regulations The proposed development is consistent with Table 3.E.2.D PUD Property Development Regulations and Table 3.D.2.A Townhouse Property Development Regulations as identified in the table below: Table 3.D.2.A Townhouse Property Development Regulations BCC June 25, 2015 Page 213

45 Article 3.D.2.A Townhouse Regulations Article 3 outlines criteria for the development of townhouse projects. The proposed development is consistent with this ULDC section and meets the criteria for townhouses as follows: 1. Ownership a. Common Area The proposed common area will be owned by either the Property Owners of the development or by the Property Owner s association (POA). It is understood that, in the event the common area is owned by the individual Property Owners, that such individual interest shall not be conveyed separately from the ownership of each lot. b. Individual Lot The area conveyed to the individual lot owners will be at least 100% of the total ground floor building area of the dwelling unit. A property/homeowner s association will be formed, as required, to ensure compliance with exterior area maintenance regulations. 2. Height The proposed townhouse buildings are to be two-story and will not exceed the 35 foot height maximum. 3. Accessory Buildings and Structures In the event that detached accessory buildings or structures (aside from any fences or walls, which are permitted) are being proposed, they will be located on a lot greater than 30 in width. 4. Access and Parking The project meets access and parking requirements for residential townhouse developments. 5. Replacement Not applicable. In the event replacement units are necessitated, the Property Owner will follow any ULDC regulations in effect at the time of development. 6. Issuance of Certificate of Occupancy (CO) Acknowledged. The developer will construct and receive a Certificate of Occupancy in accordance with this ULDC requirement. 7. Townhouse Attachment Acknowledged. The proposed townhouse units will be attached to another townhouse unit along a minimum of 50% of the maximum depth of the unit. Article 3.E.2.B Planned Unit Developments: Pursuant to Chapter E, Section 2 of Article 3 of the ULDC, the purpose of a PUD district is to offer a residential development alternative, which provides a living environment consisting of a range of living opportunities, recreation and civic uses and a limited amount of commercial uses. Residential PUDs shall correspond to a range of land uses in the Plan. The intent of a PUD is to promote imaginative design approaches to the residential living environments. Objectives and Standards A PUD shall comply with the following design objectives: BCC June 25, 2015 Page 214