42-Acre Parcel Rezoning and Master Plan Amendment. Danny Cagle and Patrick Stanley 6301 Duckweed Rd. Lake Worth, FL 33449

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Phillip Barnett
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1 STAFF REPORT CITY OF PARKLAND DEVELOPMENT SERVICES DEPARTMENT Date Prepared: May 2, 2014 I. Petition Description Petition No.: Project Name: Owners: RZ14-001; MPA Acre Parcel Rezoning and Master Plan Amendment Vannelli Family Ltd Spanish Moss Rd. West Lake Worth FL Danny Cagle and Patrick Stanley 6301 Duckweed Rd. Lake Worth, FL Kenneth and Linda Drake 7901 North Upper Ridge Dr. Parkland, FL Applicant: Agent: Request: Standard Pacific of Florida 825 Coral Ridge Drive Coral Springs, FL Dennis Mele, Esq. Greenspoon Marder 100 W. Cypress Creek Road Fort Lauderdale, FL Rezoning of approximately 42 net acres: FROM: Palm Beach County Agriculture Residential (AR) District TO: City of Parkland Planned Residential Development (PRD) District with Master Plan. The Master Plan is attached as Exhibit C. Copies of the Rezoning and Master Plan applications are attached as Exhibit D and Exhibit E, respectively. Page 1 of 14

2 Location: Public Notice: On the south side of Loxahatchee Road, immediately east of Watercrest, approximately one-half mile west of the northerly extension of Nob Hill Road. Exhibit A is the location map and Exhibit B is the legal description of the subject property. Mail notification (4 notices) and legal ad in Sun Sentinel for LPA hearing; mail notification for City Commission first reading; and legal ad in Sun Sentinel for second reading. II. Site Data Land area: Existing Land Use: Approximately 42 net acres Vacant Proposed Land Use: 131 detached single-family dwellings as a second phase of Watercrest. III. Land Use and Zoning Existing Land Use Future Land Use Zoning Subject Undeveloped Palm Beach County Rural Palm Beach County site Residential (1 du/10 ac) Agriculture Residential (AR) North Loxahatchee Road and Hillsboro Canal Palm Beach County Palm Beach County East Undeveloped (Triple R-2.0, Residential (2 Planned Residential H Ranch) du/ac) Development District South West Watercrest (under development) Watercrest (under development) R-2.0, Residential (2 du/ac) R-2.0, Residential (2 du/ac) Planned Residential Development District Planned Residential Development District IV. Background History Of Related Development Applications Ordinance Number Request Action Ord Annexation Approved, October 2, 2013 Page 2 of 14

3 V. Applicable Comprehensive Plan Policies Future Land Use Element Policy : Preserve the character of existing residential neighborhoods: the BBB Ranches, Pine Tree Estates, Cypress Head, Country's Point, Riverside Acres and Cypress Trails, and all new developments. Response: the PRD is designed consistent with that of other Wedge communities. Future Land Use Element Policy : Zoning designations shall conform with adopted land use categories. Response: the PRD District is intended to overlay Residential Future Land Use Map categories. The PRD is limited to 131 dwelling units, which is consistent with the permitted number of dwelling units permitted under the combined 42 acres of Palm Beach County Rural Residential and 297 acres of Parkland R-2.0 underlying the Master Plan, as would be amended pursuant to this petition. VI. Applicable Land Development Code Provisions Section establishes the review criteria for rezoning petitions. Please refer to the analysis in Section VI of this report. Section requires unified control of all land included for the purpose of development within a Planned Residential Development District, and for guarantees for the completion and continued maintenance of the development in accordance with the approved plans at the time of rezoning. Response: The subject property is owned by three (3) parties and is under contract for sale to Standard Pacific of Florida pending entitlement for development. The subject property must be developed under unified control pursuant to the Bruschi Property Master Plan, as would be amended by this application. The property owner has executed a pre-annexation agreement with the City that provide various guarantees associated with development of the subject property in accordance with the proposed PRD. The property owner is also required to provide homeowner association documents to the City for approval prior to issuance of the first building permit. Subsection 22-78(F) requires a minimum floor area of 1,500 square feet per dwelling unit. Response: the Master Plan complies with this requirement. Subsection 22-78(G) limits building lot coverage for one and two story buildings to 30 percent of the development site. Response: maximum building lot coverage will be percent of the overall Watercrest development. Subsection 22-78(J) requires underground utilities. Response: all electric, communication, water and sanitary sewer utilities will be installed underground. Subsection 22-78(K) requires a minimum of 35 percent open space. Response: The Master Plan provides 67.3 percent open space. Page 3 of 14

4 Subsection 22-78(L) requires an internal pedestrian and bicycle circulation system. Response: the Master Plan provides sidewalks on both sides of each street and a recreational trail along Lox Road. Subsection 22-78(M) requires incorporation of passive energy conservation in the PRD site design. Response: the project landscaping includes a significant amount of plant material that is native to South Florida, reclaimed water will be used for irrigation purposes, and the developer will comply with the green building component requirements of Section of the LDC. Subsection (D) requires a minimum 40-foot landscape buffer adjacent to all major roads. Response: a 50-foot buffer is required adjacent to Loxahatchee Road. VII. Rezoning Evaluation Criteria Section of the Land Development Code requires that the Planning And Zoning Board and City Commission consider and evaluate applications for rezoning in relation to the following factors. Staff responses follow each criterion. The applicant has also provided responses in the application, attached hereto as Exhibit D. A. The character of the district and its peculiar suitability for particular uses as well as the compatibility of the district with surrounding districts and uses and the impact upon neighboring communities and residences. The request shall not give privileges not generally extended to similarly situated property in the area, or result in an isolated district unrelated to or incompatible with the zoning of adjacent or nearby districts. Response: By amending the Bruschi Parcel Master Plan to include the subject 42 acres to form a single development, unused density from the main Watercrest development designated R-2.0, (Residential 2 du/ac) can be utilized within the 42 acres, which is designated for only one (1) dwelling unit per ten (10) acres. The overall development will average two (2) dwelling units per acre overall, while the subject 42 acres will be developed at a density of just over three (3) dwelling units per acre, which is the prevailing density in the Wedge. Therefore, the request is compatible with adjacent land uses and does not constitute spot zoning. B. Conservation of the value of buildings and encouraging the most appropriate use of land and water throughout the city. Response: The proposed PRD provides for the most appropriate use of the subject property in relation to the Future Land Use Map designation of the subject property and the planned land uses of nearby properties under development within the City. Page 4 of 14

5 C. The applicable portions of any current municipal plan and programs, such as land use, trafficways, recreation, schools, neighborhoods, drainage and housing. Response: Impacts for the subject 42 acres were evaluated at the time of the Bruschi Parcel Land Use Plan Amendment under the assumption that the full density allocated to the Bruschi Parcel would be utilized. Instead, only 458 of the 600 permissible dwelling units were approved for development within the Bruschi Parcel. D. The needs of the city for land areas for specific purposes to serve population and economic activities. Response: The City s utility, open space, school and fire protection needs for the Wedge area are already provided on other parcels. Sufficient land for commercial development has also been set aside within the Wedge. Therefore, the subject property is not needed for any specific purpose to serve the City s needs. E. Whether there have been substantial changes in the character of development of areas in or near the area proposed for rezoning. Response: The area proposed for rezoning is in the process of changing from predominantly agriculture and mining in character to a low-density residential community. The proposed rezoning is appropriate given such change in character. F. The facts and opinions presented to the reviewing agencies through public hearings. G. The anticipated impact of the maximum development permissible under the requested zoning upon the natural environment, the economy, the housing market and existing and programmed public facilities and services, both within and beyond the property. Response: (i) The impact of the proposed PRD on public facilities and services is addressed in the response for Criterion C. (ii) The housing market within Parkland has been particularly strong, prompting the developer of Watercrest to acquire the additional land for development. (iii) Development of the subject property will be subject to off-site mitigation for any jurisdictional wetlands that may be found on the site. H. The impact of the proposed development on the existing road network, especially through traffic on Holmberg Road. Page 5 of 14

6 Response: The traffic impact of the proposed rezoning on the existing road network will be acceptable and within the adopted Level of Service, based upon the impact analysis submitted for the main Watercrest development and the Wedge Traffic Study that the City commissioned in I. The impact of the proposed development on the city road network and the ability of the existing [network] (which shall include planned and funded improvements) to service the proposed development or number of units sought. Response: Refer to response for criterion H., above. J. Consistency with the comprehensive plan and other neighborhood plans, master plans and redevelopment plans approved by the city commission. Response: The application for rezoning is consistent with the goals, objectives, policies and Future Land Use Map of the comprehensive plan, and is compatible with the master plans for adjacent communities. K. Compatibility and consistency with abutting property (considering the future land use designation, zoning designation and present use of the abutting property). Response: The proposed PRD and master plan for the subject property propose a low-density community of detached single-family homes that is similar to, and compatible with, the low-density communities of detached single-family homes developing east and west of the subject property, which are also zoned PRD. VIII. Related Applications Site Plan Application No. SP is being processed concurrently with this application: IX. Staff Analysis The subject property still retains its Palm Beach County Rural Residential Land Use Plan Map designation, which allows only one (1) home per ten (10) acres. However, the Bruschi Property, now the Watercrest development, has a Land Use Plan Map designation of R-2.0 (Residential 2 du/ac), which allows 600 dwelling units to be constructed. The Watercrest development is approved for only 458 homes, leaving 142 permitted units unused, in addition to the four (4) homes that could be constructed on the 42 acre parcel under the existing Rural Residential designation. The Broward County Land Use Plan allows the averaging of density among multiple residential Land Use Plan Page 6 of 14

7 designations within a property that is under unified control. Therefore, Standard Pacific of Florida is petitioning the City for a rezoning to PRD with a Master Plan that allocates 131 units to the subject property. The PRD District allows the developer to propose unique development standards for the project via the Master Plan, in lieu of the prescriptive nature of conventional zoning districts. The proposed PRD will be limited to 131 detached single-family homes that will comprise a distinct pod within Watercrest. Project data for the Master Plan, attached as Exhibit E, is as follows: Project Features Acres % Pod E (42 ac) % Entire Master Plan Open Space % 67.3% Lakes % 47.2% Buffers & open space parcels % 6.4% Lot open space % 13.7% Private street right-of-way % 9.2% Lots (includes lot open space) % 32.7% Lot Types # Lots (Pod E) % of Pod E # Lots (Entire Master Plan) % of Entire Master Plan 50 x125 lots % of lots % of lots 55 x 125 lots 0 0.0% of lots % of lots 70 x 125 lots % of lots % of lots 90 x 125 lots 0 0.0% of lots % of lots TOTALS % % Other Data Acres % of Pod E % of Total Master Plan Building lot coverage % 14.9% Other impervious areas % 13.5% Total impervious area % 28.4% X. Staff Recommendation Staff recommends approval of Rezoning Application RZ and Master Plan Amendment Application MPA for as legally described in Exhibit B hereto ( Property ), with the following conditions of approval. 1. This approval is based upon the Master Plan exhibits attached to this staff report. Page 7 of 14

8 2. All development on the Property shall be governed by, and be consistent with, the attached Master Plan and the restrictions as set forth herein. The restrictions as set forth herein shall be binding upon the Property and all development of the Property shall conform with the terms and conditions herein. 3. The PRD is restricted to development of 131 detached single-family homes, associated community amenities and accessory buildings and uses. 4. Approval is valid for 18 months unless a building permit for a principal building is issued and construction has begun. Commission may grant extensions pursuant to Section of the LDC. 5. The Loxahatchee Road landscape buffer and paved trail shall be completed and approved by the City prior to the issuance of the first Building Permit for a singlefamily residence. 6. Owner shall landscape and maintain all common areas, including the perimeter buffers, street trees, and all landscaping, swales, lawns, and future median within the Loxahatchee Road right-of-way in a healthy, neat and attractive condition (which shall include replacement of all dead and diseased landscaping and appropriate mowing and trimming at regular intervals). 7. Prior to issuance of the first Building Permit for a principal building, the Owner shall enter into an agreement with the City, committing to landscaping and perpetual maintenance described above, and committing the homeowners association to same. Developer shall also the provide amended homeowners association ( HOA ) documents, acceptable to the City Attorney, which bind the Homeowners Association to the perpetual maintenance of all landscaping described in the manner described above with the specific right of the City to enforce said provision which requires maintenance. The HOA documents shall also prohibit conversion of garages for any use other than automobile parking. Upon approval by the City Attorney, the agreement and HOA documents shall be recorded in the public records. Said requirements are conditions of PRD approval. 8. The Owner/Developer shall be required to demonstrate compliance with each and every condition of the development agreements between the City and the Owner/Developer. No Building Permits, Engineering Permits, or Land Disturbance Permits of any kind shall be issued until such time as there is specific compliance with each and every requirement that shall have been satisfied at such time pursuant to the agreements. All provisions of the said agreements shall be deemed a condition of this approval. Failure to comply with any other condition of the agreement shall entitle the City to deny development permits of any kind for the Property during the period of noncompliance. 9. The requirements set forth above are deemed essential to the City s approval of the PRD. The failure to perform any of these conditions is deemed material to the entire project. All owners or developers are on notice that the City shall enforce these restrictions to assure compliance and that the failure to enforce any one restriction shall not constitute a waiver of any other restriction. The violation of any condition set forth herein on any part of the Land shall entitle the City to cease issuing building permits, land disturbance permits (or suspend any such permits) and certificates of occupancy on any part of the Land and any such permits issued shall be considered void. 10. Payment of full cost recovery amount for all hourly professional services, including Page 8 of 14

9 but not limited to planning and zoning review, landscape review, and legal review. XI. Planning and Zoning Board Recommendation Page 9 of 14

10 Exhibit A Location Map Page 10 of 14

11 Exhibit B Legal Description Tract 10 together with a portion of Tract 9 lying in the West one-half of Section 29 Township 47 South Range 41 East according to the Plat of Florida Fruit Lands Company's Subdivision No.2 as recorded in Plat Book 1 page 102 of the Public Records of Palm Beach County, Florida together with a portion of the Southwest onequarter of Section 20 Township 47 South Range 41 East described as follows: Beginning at the Southeast corner of Tract 10 of said plat Thence run South 89 41'33"West (Basis of Bearings, A Grid Bearing) along a Northerly line of the "Bruschi Property" as recorded in Plat Book 180 page 105 of the Public Records of Broward County, Florida, feet; thence run North 01 16'53"West along an easterly line of said Bruschi Property feet to the Northwest corner of Tract 9 of said plat of Florida Fruit Lands Company's Subdivision No. 2 and a point hereinafter referred to as Point "A"; thence run North 89 42'48"East along the North line of said Tract 9, feet to the Right-of-way of Loxahatchee Road according to that certain instrument of conveyance as recorded in Official Records Book 5865 Page 594 of the Public Records of Palm Beach County Florida; thence run South 71 59'39"East along said Right of way feet to the East line of said Tract 9; thence run South 01 16'24"East feet to the Point of Beginning; AND Commencing at the Previously referred to Point "A" thence run North 01 16'53"West feet to the Point of Beginning; thence continue North 01 16'53"West feet along the Northerly extension of the West line of said Tract 10, feet to the Right-of-way for Loxahatchee Road according to that certain instrument of conveyance as recorded in Official Records Book 5286, Page 1382 of the Public Records of Palm Beach County, Florida; thence run South 71 59'39"East along said Southerly Right-of-way feet; Thence run South 89 42'48"West to the Point of Beginning. Said Lands situate, lying and being in Broward County, Florida and containing Acres more or less. Page 11 of 14

12 Exhibit C Master Plan See Attached Page 12 of 14

13 Exhibit D Attached is a copy of the Rezoning Application See Attached Page 13 of 14

14 Exhibit E Attached is a copy of the Master Plan Application See Attached Page 14 of 14

AN ORDINANCE TO AMEND SECTION OF THE RAPID CITY MUNICIPAL CODE TO ALLOW FOR ADMINISTRATIVE DISSOLUTION OF PLANNED DEVELOPMENTS

Ordinance No. 6231 AN ORDINANCE TO AMEND SECTION 17.50.050 OF THE RAPID CITY MUNICIPAL CODE TO ALLOW FOR ADMINISTRATIVE DISSOLUTION OF PLANNED DEVELOPMENTS WHEREAS, the City of Rapid City has adopted a