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.: W/DOA Application Name: Collier PUD Control No.: Applicant: G. L. Homes of Boca Raton Assoc. V, Ltd. Owners: G. L. Homes Agent: G.L. Homes - Gladys DiGirolamo Telephone No.: (954) Project Manager: Carrie Rechenmacher, Senior Site Planner TITLE: a Development Order Amendment REQUEST: to reconfigure the Master Plan, add units, and modify and delete Conditions of Approval (Engineering and Planned Unit Development) APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Collier Planned Unit Development (PUD). The acre development was previously approved by the Board of County Commissioners (BCC) on January 27, 2005 to rezone the property to PUD for the development of 43 single family homes. Additionlly, the BCC approved a waiver to allow more than 25% of the streets to terminate in a cul-de-sac (4). The Applicant is requesting to reconfigure the Master Plan in order to add units (+14) for a total of 57 units. The additional density is utilized from the Workforce Housing Program (WHP) provisions of the Unified Land Development Code (ULDC). The Applicant proposes to submit an in-lieu payment for the 4 required WHP units. The Applicant also proposes to, amend Conditions of Approval, Engineering, and Zoning, and carry foward the Cul-de-Sac Waiver approved by R Through an Administrative Review, the Applicant is also requesting a Type I Waiver to eliminate a Type II Incompatibility buffer between the 1.45-acre lake and the 1.05-acre Recreation Pod. The Preliminary Master Plan (PMP) indicates a total of 4 lakes and access to the site is proposed from the future120 foot wide right-of-way (R-O-W) for Coral Ridge Drive. SITE DATA: Location: Terminus of Coral Ridge Drive. (Collier PUD) Property Control Number(s) Existing Land Use Designation: Low Residential (LR-1) Utilities and Transportation (UT) Proposed Land Use Designation: No Proposed Change Existing Zoning District: Residential Planned Unit Development District (PUD) Proposed Zoning District: No Proposed Change Acreage: acres Tier: Urban/Suburban (US) 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 subject to 38 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 3 telephone calls of inquiry on the request from the public regarding this project. One Property Owner adjacent to the north made a records request for all files, and correspondences in regard to this application. He also ZC March 5, 2015 Page 53

2 had comments about the unauthorized operation of All Terrain Vehicles (ATVs) on the vacant site, and Code Enforcement was contacted in regard to this concern. PROJECT HISTORY: Collier PUD was previously approved by the Palm Beach County Board of County Commissioners on January 27, 2005 by way of Resolution R for the development of 43 single family homes and a waiver to allow more the 25% of the streets to terminate in a cul-de-sac. Some on site improvements have occurred, but the project has been left vacant and undeveloped. SURROUNDING LAND USES: NORTH: FLU Designation: Low Residential (LR-1) Zoning District: Agricultural Residential District (AR) Supporting: Single Family Residence SOUTH: FLU Designation: Park and Recreation (PARK) Zoning District: Public Ownership District (PO) Supporting: Regional Park (Control No , Burt Aaronson South County Regional Park) EAST: FLU Designation: Park and Recreation (PARK) Zoning District: Public Ownership District (PO) Supporting: Regional Park (Control No , Burt Aaronson South County Regional Park) WEST: FLU Designation: Low Residential (LR-1) Zoning District: Agricultural Residential District (AR) Supporting: Single Family Residence FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 8 listed in Article 2.B.2.B of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or Requested Use or Development Order 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 use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including densities and intensities of use. Density & Workforce Housing (WHP) Program: The Applicant is requesting a total of 57 units, of which 4 units are required to be designated and deed restricted as Workforce Housing. The site was the subject of a prior Zoning approval for 43 units through resolution R , which pre-dates the Workforce Housing Program. The LR-1 FLU designation can achieve a maximum of 44 units. The previous request only utilized 43. Since the request for 14 additional units 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 and is requesting additional density bonus to achieve the requested 57 units. Therefore, the required Workforce Housing will be calculated as follows: ZC March 5, 2015 Page 54

3 Standard & WHP Bonus Density: 43 Standard units (vested-not WHP applicable) 0 WHP units (5%) 1 additional Standard unit 0.05 WHP units (16%) 13 WHP units 4.42 WHP units (34%) 57 units total 4.47 or 4 required WHP (rounded down) 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 4 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: Prior to the issuance of the first residential Building Permit, the Applicant shall submit payment to Department of Economic Sustainability (DES), and provide a copy of the receipt for that payment to the Planning Division in the amount of $326,000 (4 units at $81,500 per WHP unit). Prior Conditions: The request to amend Planning condition 1 from Resolution R is consistent with the current request. The condition relates to pedestrian amenities located next to the recreation area. Special Overlay District/ Neighborhood Plan/Planning Study Area: The subject site is not within located within a special overlay district, neighborhood plan, or special planning area. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The proposed amendment and uses comply with the layout, function, and general development characteristics for the area. The expansion of the previously approved residential development complies with the supplementary use standards of Article 4.B. The Applicant proposes to add 14 additional single family dwelling units within the overall boundary of the PUD as authorized under Section 5.G. (Workforce Housing) of the ULDC. The PMP is being reconfigured by reducing the size of the lots but still exceeding the minimum required lot size. The overall layout includes a lake and roadway system consistent with the last approval. Exemplary Features: Pursuant to ULDC Section 3.E.2.A.4., Exemplary A rezoning to the PUD district or a Development Order Amendment (DOA) to a previously approved PUD shall only be granted to a project exceeding the goals, policies and objectives in the Plan, the minimum requirements of this Code, and the design objectives and performance standards in this Article which include, but are not limited to, sustainability, trip reduction, cross access, buffering, aesthetics, creative design, vegetation preservation, recreational opportunities, mix of uses, mix of unit types, safety, and affordable housing the rezoning of property to the PUD district shall only be granted for projects that exceed the minimum ULDC requirements for a Planned Development District. The proposed Master Plan/Site Plan provides the following features to achieve the PUD exemplary design objectives: decorative paving treatment at the site s entrance on Coral Ridge Road and at all internal intersections; focal points within the entryway island and within all cul-de-sacs throughout the site, and on the south side; a fountain as a focal point to be located within Lake 4 at the Projects entrance; additional landscape and plant materials within all perimeter landscape buffers; and, a site design that allows each residential unit to be adjacent to a landscape buffer, or lake tract. To further the PUD exemplary design objective, Staff is recommending that the following elements be incorporated into the final site design and development: ZC March 5, 2015 Page 55

4 a pedestrian pathway surrounding the lake that has a direct connection to the proposed recreation area and pedestrian circulation system on the property; o o Access and Acreage: The Applicant states that the Property Owner administratively amended the approved Master Plan in 2014, through the Agency Review process to correct a survey discrepancy that was discovered along the west limits of the project. The west boundary was shifted east by 15 feet to address 120 th Avenue S., a 30 foot public access easement and a 17 foot drainage easement. The shift of the west boundary changed the overall gross acreage of the project from to (-0.24 acre). Also, since the previous approval in 2005, the right-of-way dedication required for Coral Ridge Drive was granted via a Warranty Deed and includes acres. Cul-de-sac Waiver: A cul-de-sac waiver was previously approved on January 27, via Resolution R , and the Property Owner requests to carry forward this previous approval. Article 1.E.1.B.1 states that Previously approved variances, exemptions, or waivers from property development regulations and standards no longer required by the Code shall remain in effect until superseded, modified, abandoned, voided, or revoked by the authority which granted the original approval. Such prior approvals may only be used in their entirety, as originally approved, and may not be amended or modified. The configuration of the PMP including road layout and lake system, have been carried forward. The primary difference to the PMP configuration is the addition of 14 units which is being accomplished by reducing the size of the previous oversized lots. Therefore, the number of streets, cul-de-sacs., lakes and perimeter landscape buffers remain as previously approved. o o o Workforce Housing: The proposed DOA requires the use of the Workforce Housing Density Bonus Program to permit the additional 14 units requested. The Property Owner intends to cash out the required WFH units pursuant to Section 5.G.1.G.4 (Option 4 In-lieu payment prior to issuance of the first residential building permit) at a cash out price of 4 required WFH units x $81,500 per unit = $326,000. Parking: The proposed 57 dwelling units require 2 parking spaces per unit and the proposed single family homes will meet or exceed this requirement. Landscaping This application went before the BCC in times before final conditions were agreed upon. These negotiations are reflected in the approved Conditions of Approval as indicated in Resolution R These conditions are carried forward with the request with some minor amendments to address current submittal dates and updated revised documents such as the updated PMP and traffic report. Also some conditions may be deleted since they are Code requirements such as the internal Street Tree requirement. The Preliminary Site Plan (PSP) indicates a 20-foot wide right-of-way landscape buffer with no easement overlap along the proposed 120 foot R-O-W for Coral Ridge Drive extension to the east with a 1.5 foot high berm. A 15-foot R-O-W buffer with a 6-foot wall is proposed for the north and west property lines adjacent to 120 th Avenue S and 200th Street S., both of which are canal road and bridle path easements, and a 15-foot Incompatibility buffer with a 6-foot wall is proposed for the south property line abutting county park uses. The north, south and west buffers shall include landscaping alternating on both sides of the wall with 1 tree every 20 lineal feet and 1 palm or slash pine every 30 linear feet with small and medium shrubbery installed on both sides of wall in addition to Code required large shrubs and ground cover. In addition to the requirements of ULDC Article 7, Landscaping, the Applicant is proposing to provide a landscape focal point and pedestrian pathway along the mid-section of the south property line. The proposed landscape improvements are generally consistent with other recent PUD approvals, will further the PUD requirement for exemplary site design; and will provide additional screening from the adjacent properties to further compatibility ZC March 5, 2015 Page 56

5 o o Architecture: The proposed request for a PUD with the development of Single Family homes is not subject to the requirements of Article 5.C- Architectural Guidelines. Signage: The Preliminary Regulating Plan provides the detail of the proposed Entrance Wall Signs located on the north side of the access point. The proposed signage complies with the sign requirements of Article 8 as indicated on the Preliminary Regulating Plan. 1. Compatibility with Surrounding Uses The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The overall Collier PUD was approved by Resolution R on January 27, 2005, consisting of 43 Single Family Units. There are single family residential homes located to the north and west of the project. The Burt Aaronson South County Regional Park exists to the east and south of the subject site. The Property Owner is requesting to add 14 single family units to the overall project. The additional units requested exceed the required standard size lot within a PUD. The standard single family lot per the ULDC is 65 feet in width by 75 feet in depth; this project is providing lots with 75 feet in width by 140 feet in depth. Subject to Code requirements and recommended Conditions of Approval, Staff does not anticipate any adverse impacts to the surrounding properties from this request. 2. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. With proposed Landscape Conditions of Approval, the proposed design minimizes adverse effects, including visual impact and intensity of the proposed use on the adjacent lands. The Property Owner had previously begun development of the site and constructed the lakes and preliminary road configuration of the PUD PMP. 3. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property has been previously been cleared for the earlier approval. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any 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. 4. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The development will continue the residential environment that is compatible and harmonious with the surrounding area. The proposed amendment will result in a logical, orderly, and timely development pattern. 5. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ZC March 5, 2015 Page 57

6 ENGINEERING COMMENTS: TRAFFIC IMPACTS The project is expected to generate 570 net new daily trips, 43 a.m. and 63 and p.m. net new peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). A 2020 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 (AM PEAK) Segment: Yamato Road from Coral Ridge Dr. to Cain Blvd. Existing count: Eastbound = 579; Westbound = 405 Background growth: Eastbound = 36; Westbound = 25 Project Trips: Eastbound = 16; Westbound = 5 Total Traffic: Eastbound = 631; Westbound = 435 Present laneage: 2 Lanes Assured laneage: 2 Lanes LOS D capacity: 880 vehicles per hour (directional) Projected level of service: D or better ADJACENT ROADWAY LEVEL OF SERVICE (AM PEAK) Segment: Kimberly Blvd. from Coral Ridge Dr. to Cain Blvd. Existing count: Eastbound = 253; Westbound = 312 Background growth: Eastbound = 16; Westbound = 19 Project Trips: Eastbound = 16; Westbound = 5 Total Traffic: Eastbound = 285; Westbound = 336 Present laneage: 2 Lanes Assured laneage: 2 Lanes LOS D capacity: 880 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 any work within County maintained portions of Coral Ridge Drive and Kimberly Boulevard. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis FIRE PROTECTION: No Staff Review Analysis. SCHOOL IMPACTS: In accordance with adopted school concurrency, a Concurrency Determination for 57 single family units had been approved on January 14, 2015 (Concurrency Case # C). The subject property is located within Concurrency Service Area 21 (SAC 311C). This project is estimated to generate approximately seventeen (17) public school students. The schools currently serving this project area are: Sunrise Park Elementary School, Eagles Landing Middle School and Olympic Heights Community High School. The Preliminary Master Plan (dated 11/19/14) shows one (1) 10' by 15' school bus shelter location. A bus shelter condition of approval has been applied to this request. PARKS AND RECREATION: Based on the proposed 57 dwelling units 0.34 acres of onsite recreation is required. The plan submitted indicates there will be 0.92 acres of recreation provided, therefore, the Parks and Recreation Department standards have been addressed CONCURRENCY: Concurrency has been approved for 57 Single Family dwelling units ZC March 5, 2015 Page 58

7 6. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The Applicant states the project was not developed for the past 10 years due to the real estate economic downturn. Furthermore, the Applicant states that the changed circumstance is evidenced by strong sales in other GL communities and the Property Owner believes the timing is right to bring this project back to market for sales. The density bonus provisions of Article 5 were not a required component in 2005 when this project was originally approved. The BCC adopted the mandatory WFH program in 2006 allowing projects within the LR-1 land use plan category to seek a density bonus of up to 30%. Currently, the Applicant s request to modify the Master Plan approved in 2005 to add 14 units by utilizing the WFH program is also a development incentive, with the approval of the 30% density bonus provision of the ULDC. Also note that the Property Owner intends to cash out the WFH obligation of 4 WFH units as is allowed under ULDC Section 5.G.1.G.4. The overall design and configuration of the revised PMP is generally consistent with the previous approval except to reduce the size of the lots which all meet the minimum Single Family lot standards of the ULDC minimum property development regulations. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, Staff is recommending approval of the DOA request. 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 Exhibit C. ZC March 5, 2015 Page 59

8 . CONDITIONS OF APPROVAL Exhibit C Development Order Amendment ALL PETITIONS 1. All previous Conditions of Approval applicable to the subject property, as contained in Resolution R (Control ), have been consolidated as contained herein. The Property Owner shall comply with all previous Conditions of Approval and deadlines previously established by Article 2.E of the Unified Land Development Code and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous A condition 1 of Resolution R , Control No , which currently states: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated May 25, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. Is hereby amended to read: Development of the site is limited to the uses, site design, and cul-de-sac waiver, as approved by the Board of County Commissioners. The approved Preliminary Master Plan is dated January 15, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING - Zoning) ENGINEERING 1. The Property Owner shall provide for the acquisition funding costs of the right-of-way for Coral Ridge Drive as provided for below: a. A minimum of 120 feet in width from the north property line of this PUD, north to the Kahn property. b. Right of way to be acquired by this Property Owner from the Kahn property shall be a minimum of 79 feet in width from the proposed east right of way line. Right of way acquisition shall be sufficient to accommodate a 2 lane section. Final alignment for the right of way shall be subject to approval by the County Engineer. Acceptable surety shall be provided to the Office of the County Engineer prior to July 1, Notification by the developer shall be given to the Land Development Division. (DATE: MONITORING - Engineering) [Note: COMPLETED] (Previous E condition 1 of Resolution R , Control No ) 2. On or before July 1, 2005, the Property Owner shall prepare and provide to the County all necessary right-of-way acquisition documents including but not limited to surveys, Property Owners maps, legal descriptions for acquisition, and parceled right-of-way maps required for the construction of Coral Ridge Drive, Drive a minimum of 120 feet in width from the north property line of this PUD, north to the Kahn property. Right of way to be acquired from the Kahn property shall be a minimum of 79 feet in width from the proposed east right of way line and shall be sufficient to accommodate a 2 lane section. Final alignment for the right of way shall be subject to approval by the County Engineer as referenced above, subject to the approval of the County Engineer. These documents shall include a title search for a minimum of 25 years. Notification shall be given to the Land Development Division. [Note: COMPLETED] (Previous E condition 2 of Resolution R , Control No ) 3. Previous E condition 3 of Resolution R , Control No , which currently states: ZC March 5, 2015 Page 60

9 The Property Owner shall fund the construction plans and construction of Coral Ridge Drive as a 2- lane section from the projects south property line to Kimberly Boulevard. Funding of the construction plans and construction shall be completed on or before October 1, All canal crossings within the project limits shall be constructed to their ultimate configuration. Is hereby amended to read: The Property Owner shall fund the construction plans and construction of Coral Ridge Drive as a 2- lane section from the projects south property line to Kimberly Boulevard. Funding of the construction plans and construction shall be completed prior to issuance of the first Certificate of Occupancy. All canal crossings within the project limits shall be constructed to their ultimate configuration. (BLDGPMT/CO: MONITORING - Engineering) 4. Previous E condition 4 of Resolution R , Control No , which currently states: In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: 1. No Building Permits shall be issued until the contract has been let for the 2 lane construction of Coral Ridge Drive from the projects south property line to Kimberly Boulevard plus the appropriate paved tapers. 2. No Certificates of Occupancy shall be issued until the construction of Coral Ridge Drive from the projects south property line to Kimberly Boulevard has been completed. 3. No Building Permits for the site may be issued after September 23, 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 Article 2 Section E of the Unified Land Development Code. Is hereby amended to read: In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: a. No Building Permits shall be issued until a permit has been issued for the 2 lane construction of Coral Ridge Drive from the projects south property line to Kimberly Boulevard plus the appropriate paved tapers (BLDGPMT/DATE: MONITORING - Engineering) b. 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 Article 2 Section E of the Unified Land Development Code. (DATE: MONITORING - Engineering) 5. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at Kimberly Boulevard and Coral Ridge Drive Signalization shall be a mast arm structure installation. The cost of signalization shall also include all design costs and any required utility relocation. Should signalization not be warranted after 24 months of the final Certificate of Occupancy this Property Owner shall be relieved from this condition. 1) Building Permits for more than 20 dwelling units shall not be issued until the developer provides acceptable surety to the Land Development Division in an amount as determined by the Director of the Traffic Division for the installation of this signal. (BLDG PERMIT: MONITORING - Eng). (BLDGPMT/ONGOING: MONITORING - Engineering) (Previous E condition 5 of Resolution R , Control No ) 6. CONVEYANCE OF RIGHT OF RIGHT OF WAY - Coral Ridge Drive The Property Owner shall convey to Palm Beach County Land Development Division by warranty deed for Coral Ridge Drive, 120 feet in width on an alignment approved by the County Engineer prior to July 1, Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. The Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the ZC March 5, 2015 Page 61

10 property is free of all encumbrances and encroachments. The Grantor also agrees to provide Palm Beach County an environmental report, subject to the approval of County Engineer, demonstrating that this property meets all appropriate and applicable environmental agency requirements. In the event the report makes a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the Grantee harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, Engineering or other expert witness fees including Attorney's fees as well as the actual cost of the clean up prior to dedication. Thoroughfare Plan Road right-of-way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate as determined by the County Engineer provisions for Expanded Intersection Details and Corner Clips. (DATE: MONITORING - Engineering) [Note: COMPLETED] (Previous E condition 6 of Resolution R , Control No ) 7. Previous E condition 7 of Resolution R , Control No , which currently states: The Property Owner shall construct: A. A left turn lane north approach on Coral Ridge Drive at Kimberly Drive. B. A left turn lane south approach on Coral Ridge Drive at Kimberly Drive. Is hereby amended to read: The Property Owner shall construct: i. A left turn lane north approach on Coral Ridge Drive at Kimberly Drive. ii. A left turn lane south approach on Coral Ridge Drive at Kimberly Drive. 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) 8. Previous E condition 8 of Resolution R , Control No , which currently states: This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with this 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 by Palm Beach County for the construction in A and B above shall be obtained prior to the issuance of the first Building Permit. (BLDGPMT: MONITORING - Engineering) b. Construction for the improvements in A and B above shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING - Engineering) Is hereby deleted. [REASON: This condition has been combined with E7.] 9. Previous E condition 9 of Resolution R , Control No , which currently states: On or before July 1, 2005, the Property Owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Coral Ridge Drive along the property frontage; and up to a maximum of an additional 800 feet of the adjacent right of way. The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention, Compensating storage within this projects retention system as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the ZC March 5, 2015 Page 62

11 applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the Property Owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. Is hereby amended to read: On or before March 26, 2016, the Property Owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Coral Ridge Drive along the property frontage; and up to a maximum of an additional 800 feet of the adjacent right of way. The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention, Compensating storage within this projects retention system as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer, the Property Owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (DATE: MONITORING - Engineering) 10. Previous E condition 10 of Resolution R , Control No , which currently states: The petitioner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying Coral Ridge Drive as a planned thoroughfare roadway adjacent to or through this property. This shall also include the ultimate number of lanes for the road(s). Information, which appears in written form shall appear in bold print. (The petitioner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on July 15, 2006 and shall continue on an annual basis until all units within the development have been sold or the petitioner relinquishes control to the homeowners association. Is hereby amended to read: The Property Owner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying Coral Ridge Drive as a planned thoroughfare roadway adjacent to or through this property. This shall also include the ultimate number of lanes for the road(s). Information, which appears in written form shall appear in bold print. The Property Owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on March 26, 2016, and shall continue on an annual basis until all units within the development have been sold or the petitioner relinquishes control to the homeowners association. (DATE/ONGOING: MONITORING - Engineering) 11. Prior to issuance of a building permit the Property Owner shall convey a temporary roadway construction easement along Coral Ridge Drive to Palm Beach County. Construction by the Applicant within this easement shall conform to all Palm Beach County Standards and Codes. The ZC March 5, 2015 Page 63

12 location, legal sketches and the dedication documents shall be approved. (BLDGPMT: MONITORING - Engineering) (Previous E condition 11 of Resolution R , Control No ) 12. Previous E condition 12 of Resolution R , Control No , which currently states: The subject property shall be appropriately signed by the developer prior to the issuance of the first building permit. Sign locations shall be indicated both on the Master Plan and appropriate Site Plans. (BLDGPMT: MONITORING - Engineering) Is hereby deleted. [REASON: No longer necessary] 13. The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING: ENGINEERING - Engineering) (Previous E condition 13 of Resolution R , Control No ) 14. 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. (BLDGPMT: MONITORING - Engineering) LANDSCAPE - GENERAL 1. Previous B condition 1 of Resolution R , Control No , which currently states: Fifty (50) percent of canopy trees to be planted in the landscape buffers shall be native and meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. Trunk diameter: three and one-half (3.5) inches measured at four and one-half (4.5) feet above grade; c. Canopy diameter: Seven (7) feet - diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and d. Credit may be given for existing or relocated trees provided they meet ULDC requirements. Is hereby amended to read: Seventy-five (75) percent of canopy trees to be planted in the landscape buffers shall be native and meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. Canopy diameter: Seven (7) feet - diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. c. Credit may be given for existing or relocated trees provided they meet ULDC requirements. (CO: LANDSCAPE - Zoning) 2. Field adjustment of berms and plant materials may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation. (BLDGPMT: LANDSCAPE - Zoning) (Previous B condition 2 of Resolution R , Control No ) 3. Berm height shall be measured from the nearest top of the curb, the crown of the road, or the nearest adjacent finished floor elevation, whichever is higher. Minor height adjustment may be permitted subject to the approval by the Landscape Section prior to the issuance of a building permit. (BLDGPMT: LANDSCAPE - Zoning) (Previous B condition 3 of Resolution R , Control No ) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE EAST PROPERTY LINE (FRONTAGE OF CORAL RIDGE DRIVE) 4. Landscape width and berm requirements along the east property line shall be upgraded to include: ZC March 5, 2015 Page 64

13 a. a minimum of twenty (20) foot wide landscape buffer strip. No width reduction or easement encroachment shall be permitted; b. a minimum one and a half (1.5) foot high continuous berm measured from top of curb. (CO: LANDSCAPE - Zoning) (Previous C condition 1 of Resolution R , Control No ) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE NORTH, SOUTH, AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL) 5. In addition to the ULDC landscaping requirements, landscaping along the north, south, and west property lines shall be upgraded to include: a. a minimum fifteen (15) foot wide landscape buffer strip; b. a six (6) foot high opaque concrete wall. The exterior side of the wall shall be given a finished architectural treatment that is harmonious and compatible with adjacent development. c. one (1) canopy tree planted for each twenty (20) linear feet of the property line, alternating on both sides of the wall; d. one (1) palm or slash pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters, alternating on both sides of the wall, where applicable. e. along the north and west property lines, a minimum seventeen (17) foot Drainage Easement (D.E.) located on the exterior (perimeter lot line) side of the minimum fifteen (15) foot wide landscape buffer strip to provide swale drainage for the adjoining lots located on the north and west sides of the development. (BLDGPMT: LANDSCAPE - Zoning) (Previous D condition 1 of Resolution R , Control No ) 6. The following landscaping requirements shall be installed on both sides of the required wall: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of thirty-six (36) inches at installation. (BLDGPMT: LANDSCAPE - Zoning) (Previous D condition 2 of Resolution R , Control No ) PLANNED DEVELOPMENT 1. Previous F condition 1 of Resolution R , Control No , which currently states: Street trees shall be required within all street tracts and/or right-of-ways of the subject development consistent with the requirements of the Engineering Department, and the following criteria: a. along one side of all internal PUD streets less than fifty (50) feet in width; b. along both sides of all internal PUD streets fifty (50) feet in width or greater; and, c. roadway cross-section sketches showing the required street trees shall be reflected on the approved Regulating Plan, as applicable. (DRO: ZONING - Zoning) Is hereby deleted. [REASON: Code requirement.] 2. Previous F condition 2 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the Master Plan/Site Plan shall be amended to indicate a minimum five (5) foot wide pedestrian pathway along the eastern side of the lake tract (Lake 4) adjacent to the recreational pod. This pathway shall have a direct connection to both the pedestrian system on the property and the adjacent recreation area. Is hereby deleted. [REASON: Condition addressed under Planning] 3. Previous F condition 3 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the Master Plan/Site Plan shall be amended to indicate a minimum of one (1) fountain in Lake 4. Is hereby amended to read: ZC March 5, 2015 Page 65

14 The Preliminary Master Plan shall indicate a minimum of one (1) fountain in Lake 4. (DRO: ZONING - Zoning) 4. Previous F condition 4 of Resolution R , Control No , which currently states: Focal Point 1 as identified on the plans dated May 25, 2004 shall consist of an architectural element. Prior to final approval of the site plan by the Development Review Officer, the Property Owner shall submit details of this focal point to the Architectural Review Section for approval. Is hereby amended to read: Prior to final approval by the Development Review Officer (DRO) the Preliminary Regulating Plan (PMP)shall be amended to include details of an Architectural Element for Focal Point 1 as identified on the Preliminary Master Plan dated January 15, (DRO: ZONING - Zoning) 5. A minimum of two (2) shade structures shall be provided along the mulch path within the open space adjacent to the south landscape buffer, and subject to the following requirements: a. each structure shall have a minimum dimensions of eight (8) feet in width and sixteen (16) feet in length; b. a minimum of two (2) benches shall be provided at each shade structure area; c. a flowering vine (bougainvillea or similar specie acceptable to the Landscape Section shall be planted at each end of the shade structure; and, d. prior to final site plan approval by the Development Review Officer (DRO), details of the shade structure shall be submitted for approval. (DRO: ZONING - Zoning) (Previous F condition 5 of Resolution R , Control No ) 6. Previous F condition 6 of Resolution R , Control No , which currently states: Decorative pavers (stamped concrete or paving blocks) shall be provided along the internal driveway and T-intersections as indicated on the master plan dated May 25, The minimum dimension for each focal point shall be as follows: a. Main access point - 8,400 square feet; b. T-intersections - 2,300 square feet each. Is hereby amended to read: Decorative pavers (stamped concrete or paving blocks) shall be provided along the internal driveway and the two (2) T-intersections of Windy Forest Way as indicated on the Preliminary Regulating Plan dated January 15, (ONGOING: ZONING - Zoning) 7. Prior to the recordation of the first plat, all property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following: a. Formation of a single master Property Owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas. b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents. c. The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (PLAT: ENGINEERING - Zoning) (Previous F condition 7 of Resolution R , Control No ) ZC March 5, 2015 Page 66

15 8. Previous F condition 8 of Resolution R , Control No , which currently states: The Property Owner or developer shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying prospective residents that the community is adjacent to a regional county park with active recreational amenities that may be subject to noise and lights from the park's existing and future recreational facilities including but not limited to water park, water ski lakes, outdoor amphitheater, ball fields, etc. Also, the homeowners documents shall include a statement that all or portions of South County Regional Park Parcel A will remain in an unimproved state with no regularly scheduled maintenance until such time as the park is developed in phases and open to the public. The Property Owner or developer shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on September 30, 2005 and shall continue on an annual basis until all units within the development have been sold or the petitioner relinquishes control to the homeowners association. Is hereby amended to read: The Property Owner or developer shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying prospective residents that the community is adjacent to a regional county park with active recreational amenities that may be subject to noise and lights from the park's existing and future recreational facilities including but not limited to water park, water ski lakes, outdoor amphitheater, ball fields, etc. Also, the homeowners documents shall include a clearly legible statement with a minimum 12 point type, that all or portions of South County Regional Park Parcel A will remain in an unimproved state with no regularly scheduled maintenance until such time as the park is developed in phases and open to the public. The Property Owner or developer shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on September 30, 2015, and shall continue on an annual basis until all units within the development have been sold or the petitioner relinquishes control to the homeowners association. (DATE: MONITORING - Parks and Recreation) 9. Previous F condition 9 of Resolution R , Control No , which currently states: The Property Owner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying of the existence of agricultural uses in the vicinity of the development. This disclosure statement shall include notification as to the existence of agricultural uses, including, but not limited to, landscape nurseries, livestock, pets, and row crops; which activities, among other things, generate noise. In addition, the language shall include a statement that each lot owner acknowledges and agrees that the existing agricultural uses to the north and west of the property existing as of the date of development order issuance predate the development of the project. The Property Owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on September 30, 2005 and shall continue on an annual basis until all units within the development have been sold or the Property Owner relinquishes control to the homeowners association. Is hereby amended to read: The Property Owner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying of the existence of agricultural uses in the vicinity of the development. This disclosure statement shall include notification as to the existence of agricultural uses, including, but not limited to, landscape nurseries, livestock, pets, and row crops; which activities, among other things, generate noise. In addition, the language shall include a statement that each lot owner acknowledges and agrees that the existing agricultural uses to the north and west of the property existing as of the date of development order issuance predate the development of the project. The Property Owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on September 30, 2015 and shall continue on an annual basis until all units within the development have been sold or the Property Owner relinquishes control to the homeowners association. (DATE: MONITORING - Zoning) ZC March 5, 2015 Page 67

16 10. Prior to final site plan approval by the Development Review Officer (DRO) the site plan shall be revised to indicate a pedestrian connection from the subject site connecting to the South County Regional Park. This pedestrian connection shall be the proposed sidewalk to be located within the right-of-way of Coral Ridge Drive. (DRO: ZONING - Zoning) (Previous F condition 10 of Resolution R , Control No ) 11. Prior to Final Approval by the Development Review Officer, the Subdivision and Regulating Plans shall be revised to indicate upgraded recreation amenities within the 0.92 acre neighborhood park. The additional amenities shall: a. be accessible from a minimum five (5) foot wide pathway composed of stamped concrete, paving blocks, or other improved surface; b. include a minimum of two (2) pedestrian benches; c. include a minimum of one (1) trash receptacle adjacent to each pedestrian bench; [adjust numbers accordingly]; and, d. include a shade structure (eg. trellis, gazebo, pergola), tot lot, fitness station, rest station, or similar recreation amenity; and, e. details for all items indicated above shall be subject to review and approval by the Zoning Division. (ONGOING: ZONING- Zoning) PLANNING 1. Previous G condition 1 of Resolution R , Control No , which currently states: Prior to final site plan approval by the Development Review Officer (DRO), the master plan shall include a pedestrian pathway along lake 4 and a pedestrian pathway along the recreation parcel in areas that do not front residential units. Is hereby amended to read: A minimum five (5) foot wide pedestrian pathway shall be located along the eastern side of Lake 4 that shall run south into the Planned Unit Development (PUD) internal recreation area and connect to the sidewalks along the PUD spine road. (ONGOING: PLANNING - Planning) 2. Prior to the issuance of the first residential Building Permit, the Applicant shall submit payment to Department of Economic Sustainability(DES), and provide a copy of the receipt for that payment to the Planning Division, in the amount of $326,000 (4 units at $81,500 per WHP unit). (BLDGPMT: MONITORING - Planning) SCHOOL BOARD 1. Previous H condition 1 of Resolution R , Control No , which currently states: 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: 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). Prior to the issuance of the first Certificate of Occupancy (CO), the school bus shelter shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board and the County Engineer. 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(s) shall be the responsibility of the residential Property Owner. Is hereby amended to read: ZC March 5, 2015 Page 68

17 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: 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. (CO: MONITORING - School Board) 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: MONITORING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; 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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC March 5, 2015 Page 69

18 Figure 1 Land Use Map ZC March 5, 2015 Page 70

19 Figure 2 Zoning Map ZC March 5, 2015 Page 71

20 Figure 3 Aerial ZC March 5, 2015 Page 72

21 Figure 4 Preliminary Master Plan dated January 15, 2015 ZC March 5, 2015 Page 73

22 Figure 5 Preliminary Subdivision Plan dated January 15, 2014 ZC March 5, 2015 Page 74