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.: PDD/W Control No.: Applicant: Boynton Beach Associates XXIV, LLLP Owners: Edward Hyder Mitchell Hyder Raton Boca South Fla Water Mgmt Dist Agent: Kilday & Associates, Inc. Telephone No.: (561) Project Manager: Ora Owensby, Site Planner II Location: Approximately 1.5 miles south of West Atlantic Avenue bound on the east by Lyons Road and the west by State Road 7 (Hyder AGR-PUD). Title: Official Zoning Map Amendment to a Planned Development District. Request: Rezoning from the Agricultural Reserve (AGR) Zoning District to the Agricultural Reserve Residential Planned Unit Development (AGR-PUD) District. Title: Waiver. Request: To allow deviation from cul-de-sac or dead-end restrictions. APPLICATION SUMMARY: Proposed is the rezoning of acres of land from the Agricultural Reserve to the Agricultural Reserve Planned Unit Development Zoning District for Hyder AGR-PUD. The proposal consists of 554 dwellin units on the developable area of acres. The proposed site plan includes 390 single-family units and 164 zero lot line dwelling units.. There are 3 remote agricultural preserve parcels totaling acres. The request includes a model row for the PUD and a request to waive the cul-de-sac or dead-end restrictions of the ULDC. The proposed master plan for the developable area depicts a acre civic tract; a proposed 80 foot wide collector road connecting Lyons Road and US 441; 10 lakes; 7 neighborhood parks and a 5.80 acre recreation pod. Access to the development is proposed from Lyons Road and the proposed collector road. ISSUES SUMMARY: o. Consistency with Comprehensive Plan The Palm Beach County Planning Division indicates the property has an Agricultural Reserve Future Land Use designation. The current rezoning request for an Agricultural Reserve Planned Unit Development (AGR-PUD) is consistent with the site s Agricultural Reserve Future Land Use (FLU) designation. The subject property is in the Agricultural Reserve Tier, which is a Limited Urban Service Area (LUSA). See Planning Division comments for additional information. o. Compatibility with Surrounding Land Uses To the north, south and east are previously approved residential PUDs. To the northeast is an equestrian community, Stonecreek Ranch. To the west across State Road 7 are agricultural uses. Staff recommends a condition to notify potential residents of agricultural uses in the area. ZC February 2, 2006 Page 301

2 The ULDC addresses compatibility with surrounding land uses through the application of landscape buffers, setbacks and other considerations. Subject to the recommended conditions of approval, staff does not anticipate any adverse impacts to the surrounding properties from the request. o Traffic The Engineering Department estimates that the proposed development area will generate 5,540 trips per day. o East/West Connector The applicant will provide an east/west connector from Lyons to State Road 7 as an 80- foot wide collector road, along the southern boundary of the proposed PUD, approximately a mile south of Saturnia. The road will be dedicated to Palm Beach County, will be open to the public and will be constructed by the developer. The link will provide diversion relief for traffic westbound on either Atlantic Avenue of Clint Moore Road between Lyons Road and State Road 7. o. Landscape/Buffering Article 3.E.2.F.4 of the Unified Land Development Code (ULDC) requires a minimum 50-foot wide landscape buffer along the perimeter of the development area of an AGR- PUD. The proposed site plan provides for the required 50-foot wide perimeter buffer along the south, east and west property lines of the acre development area. Along the north and northeast property lines of the development area, the applicant has requested a 50% reduction in the buffer requirement which is provided for in the Code when the required buffer is adjacent to another platted PUD buffer a minimum of 20-feet in width or the buffer is adjacent to open space (e.g. lake, canal, etc.) greater than 50 feet in width, which is the case with this application. Therefore, staff has no objection to this request. o Density Calculations While the gross acreage of the AGR-PUD is acres, the density area is acres, which could be developed at a rate of 1.0 du/ac or 554 units. This density calculation includes acres of the developable area, acres of the Hyder North Preserve, and for the Chico Preserve, which totals acres. There will be no density credits taken from the South Florida Water Management District Preserve. o Preservation Areas The proposed 60/40 AGR-PUD requires acres of preservation area based upon the total gross acreage of the overall development less right-of-way reservations ( acres). The petitioner is proposing to provide the required preservation area. Article 3.E.2.F of the ULDC permits the preservation area(s) or pod(s) of an AGR-PUD to be located remote from the associated development area. However, such preservation areas shall 1) contain a minimum of 150 contiguous acres, or 2) share a common boundary with an existing preservation area, agricultural area preserved under the PACE program, or a designated wetland which is in public ownership, and which when combined with the existing adjacent area has a land area equal to or greater than 150 acres. A brief description and summary of each of the 3 proposed preserve parcels follows: Hyder North Preserve ( acres): Located west of the developable area across State Road 7, which currently supports a bona fide agricultural use. ZC February 2, 2006 Page 302

3 Chico South Preserve ( acres): Located on the west side of State Road 7 north of Boynton Beach Blvd., which currently supports a bona fide agricultural use. South Florida Preserve ( acres): Located on the east side of the L-40 Levee and currently supports an existing sawgrass marsh. o Civic Site The required civic site dedication for the project is 8.24 acres. The petitioner is proposing a dedication of acres. The acre differential will be utilized by the developer of the proposed Hyder AGR-PUD as a future credit against the civic site obligations of future AGR-PUDs to be proposed by the developer. o Exemplary Project Design Pursuant to Article 3.E. of the ULDC, a 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 site plan provides the following features to achieve the PUD exemplary design objectives: curvilinear and meandering roadways to offer a varied streetscape and interrupt line-of-sight; decorative paving treatment at the site s primary entrances on Lyons Road and the proposed 80-foot wide collector, and at all major internal intersections; 10 lake tracts that incorporate a curvilinear shoreline to achieve a naturalistic appearance; designing the site in a manner that includes few back-to-back lots and a minimum number of lots with a side yard abutting a rear yard, and which allows the vast majority of lots to abut a landscape buffer, recreation/open space area, and/or lake tract; open space areas align with select T-intersections to benefit streetscape appearance and prevent adverse impacts (e.g. headlights, etc.) on residential units at those locations. focal points within all cul-de-sac islands and semi-cul-de-sacs (eyebrows); recreation space in excess of minimum ULDC requirements (3.32 acres required versus 5.8-acres provided); neighborhood parks with amenities are provided in each of the pods; buffering and landscaping along each side of the entrance drives to the development area; additional quantities of canopy trees within the perimeter landscape buffers; and, To further the PUD exemplary design objective, staff is recommending that the following elements be incorporated into the final site design and development: provide a focal point within all cul-de-sacs and eyebrows; provide a fountain(s) with each lake tract; (two lakes provided) provide canopy trees and sidewalks along both sides of all streets; provide additional paving treatment at strategic locations throughout the site; provide lakeside pedestrian pathways and amenities; incorporate the typical bench feature, trash receptacles, trees and plantings, and pedestrian lighting into both the bike path and pedestrian path (excluding lake maintenance easements); provide bike paths and bike racks throughout the site; revise the site plan to reposition the open spaces located at the T-intersections to a location directly across from the on-coming roadway indicate decorative pavers at all t-intersections, cul-de-sacs and semi cul-desacs; ZC February 2, 2006 Page 303

4 o Waiver: Deviation from Cul-de-sac Restrictions Pursuant to the Planned Development District (PDD) Performance Standards of ULDC Article 3.E.1.C.2.a.5), no more than 25 percent of the local streets in a PDD shall terminate in a cul-de-sac or a dead-end unless waived by the BCC. The proposed site plan indicates that 18 of the proposed 32 streets within the development area, or 56%, will terminate in a cul-de-sac (a total of 23 cul-de-sacs). In addition, there are 3 eyebrows. The petitioner is requesting that the BCC waive this limitation in order to accommodate the proposed site design. Staff has no objection to the request in light of the proposed design for the development area; since the proposed cul-de-sacs allow for lots with adjacency to lakes, open space, and/or landscape buffers; since the proposed cul-de-sacs are located mid-bock and interrupt the monotony of consecutive lots; and since the efficiency, safety and function of the internal circulation program is not compromised by the proposal. o Model Row Article 3.E.1.G.3.c of the ULDC requires BCC approval of a model row that provides sales models for more than one pod. In this case one model row is proposed for the entire development. Staff recommends a condition that no models be permitted elsewhere in the PUD. o. Signs The applicant is requesting 2 entrance wall signs at each of the 2 entrances. Staff has no objection to the requested signs. o. Development Order Amendment Changed Circumstances The applicant states Palm Beach County needs quality detached residential units to help meet the demands of the residential real estate market and to contribute to an increase d quality of life for future residents. Also the preserve areas will increase the supply of agricultural preserves consistent with Comprehensive Plan goals and objectives. TABULAR DATA EXISTING PROPOSED Property Control Number(s) Land Use Designation: Zoning District: Agricultural Reserve (AGR) Agricultural Reserve District (AGR) Same Same Tier: Agricultural Reserve Same Agricultural Reserve Planned Unit Development (AGR-PUD) Use: Vacant Single-Family Acreage: acres Same Dwelling Units: ZC February 2, 2006 Page 304

5 Density: AGR allows one unit on 5 ac. 1 du/ac for AGR-PUD Access: None Lyons Road and proposed collector road CODE ENFORCEMENT: N/A PUBLIC COMMENT SUMMARY: At the time of publication, staff had received several phone calls from the public in Saturnia to the north concerned that the proposed road should not be located near them; no letters were received from the public. RECOMMENDATION: Staff recommends approval of the request subject to Conditions as indicated in Exhibit C. MOTION: To recommend approval of an Official Zoning Map Amendment from the Agricultural Reserve (AGR) Zoning District to the Agricultural Reserve Planned Unit Development (AGR-PUD) District. MOTION: To recommend approval of a Waiver to allow deviation from cul-de-sac and dead-end restrictions ZC February 2, 2006 Page 305

6 ZC February 2, 2006 Page 306

7 ZC February 2, 2006 Page 307

8 ZC February 2, 2006 Page 308

9 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT ZC February 2, 2006 Page 309

10 MASTER PLAN DATED DECEMBER 19, 2005 ZC February 2, 2006 Page 310

11 CONCEPTUAL SITE PLAN DATED DECEMBER 19, 2005 ZC February 2, 2006 Page 311

12 REGULATING PLAN DATED DECEMBER 19, 2005 ZC February 2, 2006 Page 312

13 REGULATING PLAN DATED DECEMBER 19, 2005 ZC February 2, 2006 Page 313

14 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Agricultural Reserve (AGR) UNDERLYING LAND USE: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from the Agricultural Reserve (AGR) Zoning District to the Agricultural Reserve Planned Unit Development (AGR- PUD) Zoning District and determined the proposal is appropriate for this parcel's AGR FLU designation. This AGR-PUD request comprises four (4) parcels: Hyder AGR-PUD Development Area Parcel ( acres); Hyder North Preserve ( acres); Chico South Preserve ( acres); and South Florida Water Management Preserve ( acres), that all have FLU designations of AGR and are in the Agricultural Reserve Tier. All of these sites are also in a Limited Urban Service Area (LUSA). Staff has determined that all three (3) preserve areas have the potential to be preserve areas. All of the preserve areas qualify based on Part 6.b of FLUE Policy i which states that preserve areas for a 60/40 PUD shall contain a minimum contiguous area of 150 acres; or have a common boundary with other preserve properties whose aggregate total equals at least 150 acres and are contiguous to other preserve parcels or parcels designated Conservation (CON) on the Future Land Use Atlas. The following items apply to the Preserve parcel(s): 1. Existing roadways, infrastructure, and utilities shall be used only to support existing and future agricultural activities. 2. Since these properties will be dedicated as preserve areas for an AGR-PDD, any infrastructure existing on the property shall not be hooked up to public utilities. 3. The requested rezoning is required to designate these sites as preservation areas in accordance with the Comprehensive Plan. In addition, upon approval of the zoning request, Planning staff will designate these sites as preserve areas of the PUD on the Future Land Use Atlas (FLUA). 4. Based on FLUE Policy j, the preservation areas will be subject to a conservation easement or deeded to Palm Beach County or to another governmental entity. 5. Based on FLUE Policy i.6.c, conservation easements for these preservation parcels will need to indicate the attributes of these preservation parcels and state a preservation purpose for the site (i.e.: will the site be used for: crop production, pasture, equestrian purposes, fallow land, environmental preservation, water storage, etc). 6. No residential units or farm residences (whether existing or proposed) shall be allowed on these preservation parcels. Planning Staff offers the following comments and recommendations in regard to the Development Area proposal's consistency with the Comprehensive Plan: Per FLUE Policy i.4, the development area of an AGR-PDD (60/40) is allowed only on Thoroughfares specified within the Agricultural Reserve section of the Future Land Use Element, (Boynton Beach Boulevard, S.R. 7, Atlantic Avenue, Clint Moore Road, Lyons Road extending north of Boynton Beach Boulevard or Lyons Road extending south of Atlantic Avenue and Acme Dairy Road extending south of Boynton Beach Boulevard to the L-28 canal). The Hyder AGR-PUD qualifies as a development area since the subject property has frontage on Lyons Road south of Atlantic Avenue, and State Road 7. The Comprehensive Plan also requires that the development area not be situated west of SR 7. The development area is east of SR 7. ZC February 2, 2006 Page 314

15 The Comprehensive Plan permits the 60/40 development option within the Agricultural Reserve. This requirement translates to 40% development area and 60% protected area, less Thoroughfare Plan right-of-way (ROW). Staff based the 60/40 option for this PUD's configuration on acres, ( gross acres less acres for ROW dedication) and is reflected in the following calculation: ( ac X.40 = acres maximum developable area) ( ac X.60 = acres minimum preserve area) The PUD involves acres (developable area) and acres (preserve area). The above acres of ROW dedication is comprised of acres of Lake Worth Drainage District (LWDD) ROW and acres of an 80-foot ROW. As stated previously, Thoroughfare Plan ROW, ROWs not owned by the property owner, or ROWs dedicated without compensation cannot be included in the 60/40 acreage requirement calculation. For this project, the 80-foot road ROW indicated on the site plan, although not indicated on the Palm Beach County Thoroughfare Right of Way Identification Map, is proposed by the applicant to be a publicly dedicated road to provide an east/west connector between Lyons Road and State Road 7. Although this ROW is not indicated on the Thoroughfare Plan, the Planning Division, in a letter dated November 2, 2005, determined that lessing out the proposed ROW from the 60/40 AGR PUD gross acreage is appropriate and consistent with the Palm Beach County Comprehensive Plan. Additionally the ROW required by LWDD (Lake Worth Drainage District) was not included in the 60/40 acreage figure of the site and therefore also meets this requirement. Based on the previous discussion, the total units allowed for this PUD would normally be based on acres, which includes the acres for ROW dedications. Right of way dedicated without compensation can be included in the gross acreage for density purposes. However, the SFWMD (South Florida Water Management District) Preserve area, comprising acres of this 60/40 AGR-PUD, has no density associated with it for use on the development area. This preserve area solely meets the preserve acreage requirements for this 60/40 AGR-PUD. Therefore, the total units allowed for this AGR-PUD is based on 554 acres. Based on the permitted PUD density of 1 du/1 acre in the Agricultural Reserve, the petitioner could build 554 dwelling units on the developable area. The maximum units can be calculated as follows: ( acres acres = 554 acres x 1 du/ac = 554 units). The applicant's request for 554 dwelling units exceeds the standard density (1du/5 ac) permitted under the site's AGR FLU designation. However, with the applicant's request for an AGR-PUD and provided the development site complies with PUD and exemplary design standards, the request is consistent with the site's AGR FLU designation and density thresholds of the Comprehensive Plan. The Zoning Division will address the projects compliance with exemplary design standards for a PUD. Based on the above analysis, Planning staff has determined that the development proposal is consistent with the Agricultural Reserve provisions of the Palm Beach County Comprehensive Plan and appropriate for this parcel's AGR FLU designation. The proposed request for 554 units is consistent with the density thresholds of the Comprehensive Plan for the AGR FLU designation. FLUE Policy c states: At least one stub street in each of the four cardinal directions may be required in all AGR-PDDs unless the property is adjacent to a designated preserve area or lies west of State Road 7 or lies adjacent to the Ronald Reagan Turnpike. Access has been provided to the development site from the proposed 80-foot road ROW bordering the subject site to the south, and to Lyons Road to the east. The L-36 LWDD Canal and Sussman PDD (AKA Saturnia Isles) borders the site to the north. The L-37 LWDD Canal and Miccosukee Estates (AKA Stonecreek Ranch) borders the site to the northeast. These existing developments do not provide opportunities for stub street connections. State Road 7 (US 441) borders the subject site to the west. However, access to State Road 7 is provided via the proposed 80-foot connector to the south. Therefore, based on the presence of the canals, the existing developments, and the proposal for the connector road, Staff did not request that the ZC February 2, 2006 Page 315

16 Master Plan and Site Plan be revised to include vehicular and pedestrian connections to the north, northeast, or west. The master plan and conceptual site plan were also reviewed for consistency with policies from the FLUE and TE that encourage vehicular and pedestrian interconnectivity both within and between sites and discourage the use of dead end streets in favor of through streets, including FLUE Policy 4.3-g, TE Policy 1.4-g, TE Policy 1.4-h, TE Policy 1.4-i, and TE Policy 1.9-j. Based on these policies, Staff determined that the site was lacking some elements of efficient internal pedestrian and vehicular circulation. Staff requested that the applicant consider revising the master plan to connect several cul-de-sacs within Pod C to Pods D, E, and B to provide for better interconnectivity within the site and create pedestrian linkages within the PUD to provide alternate means of access and reduce walking distances from each Pod to on site recreational amenities and other Pods. After meeting with Staff, the applicant opted not to provide any of the requested elements. Therefore, the certified master plan does not further policies in the Comprehensive Plan that encourage efficient internal vehicular and pedestrian interconnectivity within sites. The proposed PUD was also reviewed for consistency with FLUE Policy 4.3-i that promotes the concept of pedestrian oriented design such as providing pedestrian accessibility to amenities and improving pedestrian connections within communities. Based on this Policy, Staff requested that the applicant make possible design alterations to the project such as: consolidating/connecting up cul-de-sacs on the site; providing open space for access to the lake tract in Pod A ; specifying and delineating recreation uses in the small park areas and open spaces to make them more viable and usable; and providing a linear green space area along the internal 80 foot ROW fronting the lakes to include meandering pathways. Pathways around lake areas that front recreation and/or open space areas and pedestrian pathways from internal roadways to the various lake, recreation, and open space areas are strongly encouraged. Some of the above recommendations are indicated on the master plan and regulating plans. However, after meeting with Staff, the applicant opted to not make some of the other suggested revisions to the development proposal. The site plan could have been further improved if some open space was provided for access to the lake tract in Pod A. The site plan does incorporate a pedestrian lake view area along the internal 80- foot ROW. However, the site plan could also have been further improved if a continuous linear green space area along the internal 80-foot ROW fronting the lakes, to include a continuous meandering pedestrian pathway, was provided. TIER: The subject property is in the Agricultural Reserve Tier, which is a Limited Urban Service Area (LUSA). The Comprehensive Plan allows development in this area at a density of 1du/1 acre with a 60/40 AGR-PUD and provides for the extension of utilities. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: All affected parcels are located in the Agricultural Reserve. The development area is not however located within any overlay district, neighborhood plan, or study area. FINDINGS: The request is consistent with the Agricultural Reserve provisions of the Palm Beach County Comprehensive Plan. However, the site plan does not further policies in the Comprehensive Plan regarding vehicular and pedestrian interconnectivity both within and between sites and which discourage the use of dead end streets in favor of through streets. In addition, a policy in the Comprehensive Plan that promotes the concept of pedestrian oriented design could also have been furthered if suggested revisions were made to the site plan. ZC February 2, 2006 Page 316

17 ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 5540 trips/day. TRAFFIC: SEGMENT: PRESENT: 6419 HISTORICALGROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: 1717 TOTAL: 8,136 PRESENT CAPACITY AT LEVEL OF SERVICE D : 15,400 PRESENT LANEAGE: 2 Lane Lyons Road Project Entrance - West Atlantic Avenue PALM BEACH COUNTY HEALTH DEPARTMENT: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently active agriculture and contains native vegetation. Native vegetation consists of minimal Slash pine, Cabbage palm and Saw palmetto. A considerable amount of hurricane damage was present. WELLFIELD PROTECTION ZONE: The property is not located within 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: In accordance with adopted school concurrency, a Concurrency Determination for 554 dwelling units has been approved on October 11, 2005 (Concurrency Case # C). The subject property is located within Concurrency Service Area 20 (SAC 295). ZC February 2, 2006 Page 317

18 This project is estimated to generate approximately one hundred and sixty-one (161) public school students. The schools currently serving this project area are Sunrise Park Elementary, Eagles Landing Middle, and Olympic Heights High. The Master Plan (dated 12/19/05) shows a bus shelter location. A bus shelter condition of approval has been applied to this petition request. PARKS AND RECREATION: Based on the proposed 554 dwelling units 3.32 acres of on site recreation is required. The plan submitted indicates there will be 5.80 acres of recreation provided, therefore, the Parks and Recreation Department standards have been addressed. CONCURRENCY: Concurrency is approved for 390 single-family units and 164 zero lot line units for a total of 554 dwelling units. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A acre developable area, approximately 9/10 mile in width with an average depth of approximately one mile, accessed by Lyons Road and the proposed collector road. The site is in agricultural production. ADJACENT LAND USE AND ZONING: NORTH: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve Planned Unit Development (AGR-PUD) and Agricultural Reserve/Special Exception (AGR/SE) Supporting: Sussman PUD (Saturnia) and In the Pines South (RCMA Farmworkers) NORTH EAST: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve District (AGR) Supporting: Kenco Ranch Subdivision (Stonecreek Ranch) SOUTH: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve Planned Unit Development (AGR-PUD) Supporting: Appolonia Farms PUD EAST: FLU Designation: Agricultural Reserve (AGR) Zoning District: Agricultural Reserve Planned Unit Development (AGR-PUD) Supporting: Dubois PUD WEST: FLU Designation: Agricultural Reserve, with an underlying CL (AGR/CL) and Agricultural Reserve (AGR) Zoning District: Community Commercial District (CC) and Agricultural Reserve District (AGR) Supporting: Valencia Center, agricultural uses, and FPL substation ZC February 2, 2006 Page 318

19 ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable section of the ULDC. FINDINGS: 1. Consistent with Comprehensive Plan. The Planning Division has determined that the proposed rezoning to AGR-PUD is consistent with the site s Agricultural Reserve (AGR) Future Land Use designation. 2. Consistent with the Code. The requested rezoning to AGR-PUD is consistent with the ULDC and the stated purpose and intent of the ULDC. As proposed, the request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. 3. Compatible with surrounding uses and zones. The request for rezoning to AGR-PUD is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property. 4. Changed conditions. The applicant states 5. Effect on natural environment. The site is currently developed for agricultural uses and contains no significant native vegetation. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development patterns. The request will not affect current development patterns. 7. Consistency with neighborhood plan. Not applicable. 8. Adequate public facilities. Concurrency: The proposed Development Order Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report ZC February 2, 2006 Page 319

20 EXHIBIT C CONDITIONS OF APPROVAL ALL PETITIONS 1. Development of the site is limited to the site design approved by the Board of County Commissioners. The approved master plan and site plan are dated December 19, 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. (DRO: ZONING - Zoning) CIVIC SITE DEDICATION 1. Platting & Deed. The property owner shall provide Palm Beach County Board of County Commissioners with a Statutory Warranty Deed on a net acre public civic site in a location and form acceptable to Facilities, Development & Operations Department (FD&O) by November 1, Developer to plat and dedicate the civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance. a) Title Developer to provide a title policy insuring marketable title to Palm Beach County for the civic site and any easements that service the civic site as required by the County Attorney's office. All title exception documentation to be provided to County. Policy is subject to Property & Real Estate Management Department's (PREM) and County Attorney's approval. The title policy to be insured to Palm Beach County for a dollar value based on current market appraisal of the proposed civic site or the Contract purchase price on a per acre basis if the contract purchase was concluded within the previous 24 month period. If an appraisal is required it shall be obtained by the Developer. The Developer shall release the County from all Declarations of Covenants and Conditions of the P.U.D. or other restrictive covenants as they may apply to the civic site. b) Concurrency Developer to assign sufficient traffic trip capacity such that the traffic volume associated with a County facility shall be attached to the civic site and recorded on the concurrency reservation for the entire PUD. The Developer shall be provided with input as to the size of a structure (and proposed use) which the civic site would support and the corresponding amount of trips. c) Taxes All ad valorem real estate taxes and assessments for the year of acceptance shall be pro-rated to include the day of acceptance. d) Site condition Civic site to be free and clear of all trash and debris at the time of acceptance of the Statutory Warranty Deed. e) Retention and Drainage Developer shall provide all retention, detention, and drainage required for any future development of the proposed civic site by the County. Developer shall specifically address the following issues: 1) The discharge of surface water from the proposed civic site into the Developer's water retention basins. ZC February 2, 2006 Page 320 Application No. PDD/W BCC District -3

21 2) As easement across Developer's property from the proposed civic site to the retention basins, if required. f) On-Site Inspections By acceptance of these conditions developer agrees to allow the County to perform any on site inspections and testing deemed appropriate to support the acquisition of the civic site. g) Vegetation Permit Developer to perform a tree survey and obtain a vegetation clearing permit. If it is determined by PREM that clearing is not required at time of conveyance, the cost of such clearing shall be paid to the County. h) Buildable Grade Prepare civic site to buildable grade under the direction of the Facilities Development & Operations Department. Site shall be stabilized with 1) sod and watered or, 2) seeded, mulched and watered (until seed has established itself) to the satisfaction of Facilities Development and Operations. i) Water & Sewer Developer to provide water and sewer stubbed out to the property line and other required utilities as determined by PREM. (DATE:MONITORING- PREM) 2. Survey The property owner shall provide the County with a survey certified to Palm Beach County of the proposed civic site by September 1, Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria: a) The survey shall meet Minimum Technical Standards for a Boundary Survey as prescribed by F.A.C. 21HH.6. b) If this parcel is a portion of Palm Beach Farms, sufficient data to make a mathematical overlay should be provided. c) The survey should include a location of any proposed water retention area that will border the civic site. Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site and all title exceptions are to be shown on the survey. (DATE:MONITORING-PREM) 3. Environmental Survey The property owner shall provide PREM with an Environmental Assessment certified to Palm Beach County of the proposed civic site by September 1, The minimum assessment which is required is commonly called a Phase I Audit. The audit shall describe the environmental conditions of the property and identify the past and current land use. The assessment will include but not be limited to the following: a) Review of property abstracts for all historical ownership data for evidence of current and past land use of the proposed civic site. b) Review of local, state, and federal regulatory agency's enforcement and permitting records for indication of prior groundwater or soil contamination. Also, a review of the neighboring property that borders the proposed civic site will be required. The review shall include, but not be limited to, Palm Beach County Environmental Resources Management Department Records, and Florida Department of Regulation Records. ZC February 2, 2006 Page 321 Application No. PDD/W BCC District -3

22 The assessment shall reflect whether the civic site or any bordering property is on the following lists: 1) EPA's National Priorities list (NPL) 2) Comprehensive Environmental Response Compensation and Liability Act System List (CERCLA) 3) Hazardous Waste Data Management System List (HWDMS). c) Review of current and historical aerial photographs of the proposed civic site. Provide a recent aerial showing site and surrounding properties. d) The results of an on-site survey to describe site conditions and to identify potential area of contamination. e) Review of Wellfield Protection Zone maps to determine if property is located in a Wellfield Zone. a) If the Phase I audit indicates that a Phase II is necessary, then the Developer shall be required to provide that audit as well. (DATE:MONITORING-PREM 4. Cash-Out The Petitioner may request to exchange the required on-site dedication of land for cash of equal value or off-site land equal in acreage, however, this option shall be used only upon County approval when the County has established that the cash or offsite land enhances or supports a County property, facility or function in the general vicinity of the PUD. In addition, should the off-site land option be chosen, each PREM condition listed in numbers 1, 2 & 3 above will also apply. If the land off-site is of less cash value than the on-site dedication the petitioner shall contribute cash equal to the difference in values. Valuation of the on-site and off-site land shall be subject to the County appraisal process or shall be at the sole determination of PREM based on current civic site cash-outs. If offsite land or cash contribution is accepted by Palm Beach County, the petitioner shall be deemed to have satisfied the intent of ULDC. ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the property owner/developer shall be restricted to the following phasing schedule: a) Building Permits for more than 40 single family dwelling units (equivalent of 47 pm peak hour trips) shall not be issued until the contract has been let for the construction of the 4 laning West Atlantic Avenue from Lyons Road to the Florida Turnpike, plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng) b) No Building Permits for the site may be issued after January 1, 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- Eng) 2. LANDSCAPE WITHIN THE MEDIAN OF SR 7 The property owner/developer shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of SR 7. This landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners ZC February 2, 2006 Page 322 Application No. PDD/W BCC District -3

23 approval. Median landscaping installed by property owner/developer shall be perpetually maintained by the property owner/developer, his successors and assigns, without recourse to Palm Beach County, unless property owner/developer provides payment for maintenance as set forth in Paragraph d below. a) The necessary permit(s) for this landscaping and irrigation shall be applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) b) All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING - Eng) c) At property owner/developer s option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the petitioner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the property owner/developer. The property owner/developer shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the property owner/developer. (ONGOING-ENGINEERING) d) Also, prior to the issuance of a Building Permit, and at the option of the petitioner, the property owner/developer may make a contribution to the County s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County s installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project s front footage along SR 7. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (ONGONG-ENGINEERING) 3. Prior to issuance of a building permit the property owner shall convey to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of: a) right turn lane on Lyons Road at the east west collector road. b) right turn lane on Lyons Road at the projects entrance road Right turn lane rights of way shall be a minimum of 280 feet in length, twelve feet in width, and a taper length of 50 feet or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include corner clips where appropriate as determined by the County Engineer. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (BLDG. PERMIT: MONITORING-Eng) 4. The Property owner shall construct: a) right turn lane north approach on Lyons Road at the Project's east west collector roadway. b) right turn lane north approach on Lyons Road at the Project's entrance road. c) left turn lane south approach on Lyons Road at the east west collector roadway. d) left turn lane south approach on Lyons Road at the Project's entrance road ZC February 2, 2006 Page 323 Application No. PDD/W BCC District -3

24 e) East west collector roadway from Lyons Road to SR 7. Construction shall be to collector street standards, minimum 2-12 travel lanes. Also included shall be intersection improvements at both Lyons Road and SR 7. 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 this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: MONITORING-Eng) b. Construction for this improvement shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING- Eng) 5. On or before June 1, 2006 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 Lyons Road along the property frontage; and up to a maximum of an additional 800 feet of these adjacent roadway(s). 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-Eng) 6. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at Lyons Road and east west collector road. 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. (ONGOING) a) Building Permits for more than 200 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). 7. The property owner shall convey to Palm Beach County Land Development Division by warranty deed for the proposed 80 foot east west collector roadway. Right of way shall be dedicated prior to issuance of a Building Permit on an alignment approved by the County Engineer. 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 property is free of all encumbrances and encroachments. The Grantor (property owner/developer) also agrees to provide Palm Beach County an ZC February 2, 2006 Page 324 Application No. PDD/W BCC District -3

25 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 property owner/developer, the Grantor property owner/developer agrees to hold the Grantee (Palm Beach County) 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-ofway 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. (BLDG. PERMIT: MONITORING-Eng) 8. Acceptable surety required for the West Atlantic Avenue improvements identified in the phasing condition above shall be posted with the Office of the Land Development Division on or before August 23, Surety shall be in the amount of 110% of a Certified Cost Estimate provided by the Developer's Engineer and approved by the County Engineer. This surety may be required to be adjusted within 30 days notification from the County Engineer. This revision shall be based upon an updated cost estimate prepared by the Roadway Production Division at the time the final construction plans are completed. (TPS - Maximum 6 month time extension) (DATE: MONITORING Eng) ENVIRONMENTAL 1. An Exotic Removal Management Plan, covering the conservation parcels, associated with the Hyder PUD, shall be reviewed and approved by ERM prior to final DRC site plan approval. (DRO:ERM - ERM) 2. All Restricted Covenant Agreements and Conservation Easements for the Conservation Parcels, associated with the Hyder PUD, shall be submitted to ERM for review and approval prior to recordation.(dro:erm - ERM) HEALTH 1. Prior to final approval of the master plan by the Development Review Officer, the property owner must identify all existing onsite sewage treatment and disposal systems (OSTDS) and wells, and verify that the OSTDS and wells have been properly abandoned. (DRO: HEALTH - Health) 2. Prior to final approval by the Development Review Officer (DRO), the property owner must submit the results of a pre-demolition asbestos containing materials (ACM) survey of the structures on the site to the Palm Beach County Health Department. (DRO: HEALTH Health) 3. The property owner shall utilize Best Management Practices to minimize breeding of mosquitoes in the surface water management system. Management of the system shall include control methods that minimize the need for aerial spraying and reduce potential impacts of mosquito control activities on the surrounding natural areas. (ONGOING: HEALTH-ERM/Health) ZONING - LANDSCAPE-STANDARDS 1. Prior to the issuance of the first certificate of occupancy, the property owner shall submit a Landscape Plan for the entire project to the Landscape Section for review and approval. The Plan shall be prepared in compliance with all the landscape conditions as contained herein. (CO: LANDSCAPE- Zoning) 2. A minimum of fifty (50) percent of all trees to be planted in the landscape buffers shall meet the following minimum standards at installation: ZC February 2, 2006 Page 325 Application No. PDD/W BCC District -3