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.: DOA Application Name: Boca Lago PUD Control No.: Applicant: Boca Lago Country Club, Inc Owners: Boca Lago Country Club, Inc Palm Beach County Agent: Wantman Group Inc. - Elwyn Gonzalez Wantman Group Inc. - Angela Biagi Telephone No.: (561) , (561) Project Manager: Joyce Lawrence, Site Planner II TITLE: a Development Order Amendment REQUEST: to reconfigure the Master Plan, and modify and delete Conditions of Approval (Planned Unit Development and Planning). APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for the Boca Lago Planned Unit Development (PUD). The acre parcel of land is part of the overall acres Boca Lago PUD, originally approved by the Board of County Commissioner (BCC) on May 24, 1973 to allow a rezoning from the Agricultural Zoning District to the Residential Single Family Zoning District and the further Special Exception (SE) to allow a PUD for 1,698 Multi-Family units. The site was last approved by the BCC on October 26, 2006 via Resolution R which included a conversion of acres of golf course (18.49 acres) and civic uses (6.04 acres) to a residential pod (Pod I) for 130 multi-family units. The Applicant is requesting to reconfigure the Preliminary Master Plan (PMP) to modify the boundary of Pod I, decreasing the acreage from acres to acres (-1.23 acres); to delete and amend a PUD Condition of Approval related to the provision of decorative pavers and pedestrian walkways around the lake, and a 2 nd Condition of Approval (Planning) related to the requirements of Workforce housing units. Modification to the PMP includes deletion of 0.51 acres from Recreation Pod C and will be added to Pod I; and deletion of 1.74 acres from Pod I and added to Recreation Pod L. The Preliminary Master Plan indicates 9 Residential Pods with an overall total of 1,828 units for the entire PUD, acres of Recreation Pods, and acres of Preserve Conservation Areas. The Preliminary Site Plan (PSP) indicates 130 Multi-Family units for Pod I. A total of 324 parking spaces are provided and one access point will be provided from Vista Del Lago (1). SITE DATA: Location: North of Palmetto Park Road and Lyons Road. Property Control Number(s) ; Existing Land Use Designation: High Residential (HR-8) Proposed Land Use Designation: No proposed change Existing Zoning District: PUD Proposed Zoning District: No proposed change Acreage: acres Overall and acres Affected Area Tier: Urban Suburban Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile N/A Future Annexation Area N/A RECOMMENDATION: Staff recommends approval of the requests subject to 39 Conditions of Approval as indicated in Exhibit C. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no contact from the public regarding this project. ZC April 7, 2016 Page 13

2 PROJECT HISTORY: Application No. Request Resolution No. Approval Date Z Rezoning from Agricultural District (AG) to R May 24, Residential Single Family (RS) Zoning District and the further Special Exception (SE) to allow a PUD DOA DOA to redesignate land use from government service area and recreation to residential; to reconfigure Master Plan, and add units. W A waiver of objectives and standards (Performance Standards Waiver) to allow a deviation from cul-de-sac or dead-end restrictions. SURROUNDING LAND USES: NORTH: FLU Designation: High Residential (HR-8) Zoning District: Single-Family Residential District (RS) Supporting: Residential (Boca Lago PUD, Control No ) SOUTH: FLU Designation: Low Residential (LR-3) Zoning District: Single-Family Residential District (RS) Supporting: Residential (John L. Frysinger Rezoning, Control No ) EAST: FLU Designation: High Residential (HR-8) Zoning District: Single-Family Residential District (RS) Supporting: Residential (Boca Lago PUD, Control No ) WEST: FLU Designation: High Residential (HR-8) Zoning District: Single-Family Residential District (RS) Supporting: Private Recreation (Boca Lago PUD, Control No ) FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: R October 26, 2006 R October 26, 2006 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. o Consistency with the Comprehensive Plan: The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. o Density & Workforce Housing: The Applicant is requesting to utilize current Workforce Housing requirements for the previously approved 130 units with no increase in units. The 130 units was approved during the interim Workforce Housing Program (WHP) and required to provide 9 WHP units through Resolution R on October 26, There were no established ZC April 7, 2016 Page 14

3 requirements in the ULDC at that time. The conditions applied in 2006 require that the 9 WHP units be provided in the form of offsite units or buildable land with corresponding notes on the plans. Since the Applicant is requesting to utilize current WHP requirements and different off-site options, the previous conditions will need to be modified to reflect the subject request. The Applicant has chosen WHP Option 2, Limited Incentive, to only utilize only the Standard density with no additional density bonus, and to buy-out the 3 WHP units. Based on the High residential 8 units per acre (HR-8) designation and Limited Incentive development option, the WHP obligation for the previously approved 130 units is as follows: o Standard Density: Workforce Housing (WHP): 130 Standard density 3.25 WHP units (2.5%) 130 Total units 3.25 or 3.00 required WHP (rounded down) 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 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 the Department of Economic Sustainability (DES) and a copy of a receipt for that payment to the Planning Division in the amount of $244,500 (3 units at $81,500 per WHP unit). o Special Overlay District/ Neighborhood Plan/Planning Study Area: The request is not located within an Overlay or Neighborhood planning area that is identified within the Comprehensive Plan. 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 DOA is not in conflict with any portion of the Unified Land Development Code (ULDC), and is consistent with the stated purpose and intent of the ULDC subject to Conditions of Approval as noted in Exhibit C. o Conservation Area: The previous approval had 2.65 acres for Preservation/Conservation Area. The Applicant is requesting that the areas be reduced to a-2.32 acre conservation area, owned by Palm Beach County (PBC) and is integrated into the design of the site. The Applicant states in the Justification Statement that native vegetation and natural features will be preserved to the greatest extent possible. Native trees and shrubs will be implemented within the site, and littoral areas are designated at each end of a proposed 1.68 acre lake area. o Exemplary Design: Pedestrian amenities, water fountains, focal points, and a clubhouse have been provided for the affected area, Pod I. Sidewalks run parallel and are continuous with the internal street in an effort to maximize the walking experience for future residents and guests of the Boca Lago PUD community. No change is proposed to the remainder of the overall PUD development which was found to be in compliance with the exemplary design standards in the ULDC. o Architectural Review: Compliance with Article 5.C. is not required for Single-family or townhouse or multi-family development which does not exceed more than 16 units per building. o Landscape/Buffering: The PSP indicates a 20-ft wide right-of-way (ROW) buffer with a 6-ft high wall provided along Lyons Road, and a 15-ft wide ROW buffer with a 6-ft high vinyl coated chain link fence provided along Vista Del Lago. Along the south and southwestern portion of the site, adjacent to the Arborwood development, a 20-ft wide incompatibility buffer with a 6-ft high vinyl coated chain link fence will be provided. The remaining portion of the site is within the overall PUD development and pursuant to the Code, a buffer is not required. o Signage: The Applicant proposes one entrance sign, eight feet in height with a maximum of 60 sq. ft. in sign face area, along the Vista Del Lago ROW.. ZC April 7, 2016 Page 15

4 3. 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 subject site, Pod I, is part of the overall approved Master Plan for Boca Lago PUD, and is found to be compatible with the surrounding uses. The Applicant has maintained the same Multifamily housing type and number of 2-story units but has provided an improved design and reduction of units per building which also now includes garage parking. With the redesign of the site the lake was relocated towards the center of the southern portion of the site with the units oriented around the lake. Subject to the Conditions of Approval in Exhibit C, the proposed development is compatible as defined in the Code and is generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. 4. 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. No change is proposed to the approved uses. The current approved Site Plan indicates 130 multifamily units with the units distributed on the site with 6 units per building. The proposed redesign indicates 2 and 4 unit buildings with garage parking and retains the approval for 130 age-restricted multi-family units. The layout resembles a townhouse or duplex development with an improved overall design in the building layout and footprint. The design of the proposed amendment within the boundary of Pod I, decreases the acreage from acres to acres. In addition, with the new design some of the units are proposed closer to the adjacent south, and southwestern portion of the site, with the lake relocated towards the center of these units. Although some of the units are proposed closer to the adjacent properties, the design maintains all of the required setbacks and buffers and should not create any adverse effects, including visual impact and intensity on the adjacent lands. 5. 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: Most of this site was previously cleared for the existing golf course. The remainder is primarily exotics with the exception of a 2.32 acre area that is still preserve quality. This area shall be placed under a conservation easement and managed as a preserve area. WELLFIELD PROTECTION ZONE: The property is located within a Wellfield Protection Zone # 4. 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. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposed amendment provide for the reconfiguration of the Pod boundary to add (+0.51 acre) and to delete (-1.74 acre) land area to develop Multi-family units. The project has been previously approved and was found to be compatible with development patterns. The proposed residential pod is designed to be generally consistent with, or otherwise compatible with that of the adjacent residential development s intensity at which these surrounding lands are developed; and the general character of residential development within Boca Lago and surrounding communities at large, the proposed site development plan would have no adverse impact on localized development patterns, timing, or trends. ZC April 7, 2016 Page 16

5 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS The estimated build out date for the proposed project is December 31, Traffic from the proposed 130 unit Condo development is expected to be 447 daily and 33 during the PM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards, since the project's traffic impact is considered insignificant. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Traffic volumes are in vehicles per hour Segment: Lyons Rd from Glades Rd to Palmetto Park Rd Existing count: Northbound=1210, Southbound=1461 Background Growth: Northbound =325, Southbound =392 Project Trips: Northbound = 11, Southbound =9 Total Traffic: Northbound =1546, Southbound=1862 Present laneage: 2 in each direction Assured laneage: 2 in each direction LOS D capacity: 1960 vehicles per hour per direction Projected level of service: Northbound=LOS D or better, Southbound=LOS D or better. The Property Owner shall reconfigure the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. The Property Owner shall abandon the County's interest in Vista Del Lago. The Property Owner shall abandon easements in conflict with improvements. The Property Owner shall provide additional right of way for Lyons Road and Palmetto Park Road. The Property Owner shall landscape the median of Lyons Road. PALM BEACH COUNTY HEALTH DEPARTMENT: construction. This project needs clearance prior to FIRE PROTECTION: Staff has reviewed the project and has no issue with the proposed project. SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency because it is an Age Restricted Community. PARKS AND RECREATION: Based on the proposed 130 dwelling units 0.78 acres of onsite recreation is required. The plan submitted indicates there will be 0.78 acres of recreation provided, therefore, the Parks and Recreation Department standards have been addressed. CONCURRENCY: Concurrency has been approved with 9 Residential Pods with a total of 1,828 units for the overall development including 130 Multifamily units for Pod I. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The Applicant states in the Justification Statement that the redesign of the site represents a more logical and sustainable development option for the PUD. The proposed amendment provides for the reconfiguration of the Pod boundary to add (+0.51 acre) and to delete (-1.74 acre) land area to ZC April 7, 2016 Page 17

6 develop Multi-Family units. The redesign is an improvement and updated configuration with garage parking and structures with two and four units instead of structures with six units providing a more spacious quality for the residences. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, Staff is recommending approval of the Conditional Use. 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 April 7, 2016 Page 18

7 CONDITIONS OF APPROVAL Exhibit C Development Order Amendment ALL PETITIONS 1. Previous ALL PETITIONS Condition 1 of Resolution R , Control No , which currently states: The conditions of approval as contained herein shall apply to Housing Tract #9 only, (the Affected Area) and shall be limited to the site design approved by the Board of County Commissioners. The approved master plan, site plan and regulating plan are dated August 8, 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: The Preliminary Master Plan is dated January 25, 2016 and the Preliminary Regulating Plan is dated February 11, Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission (ONGOING: ZONING - Zoning) 2. Previous ALL PETITIONS Condition 2 of Resolution R , Control No , which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control No ), remain in full force and effect. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control No ), R (Control No ), remain in full force and effect. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: ZONING - Zoning) ENGINEERING 1. Previous ENGINEERING Condition 1 of Resolution R , Control No , which currently states: In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. Building Permits for this new POD, Tract 9, 130 multi family dwelling units shall not be issued after August 24, 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) Is hereby amended to read: In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which ZC April 7, 2016 Page 19

8 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) 2. Previous ENGINEERING Condition 2 of Resolution R , Control No , which currently states: The property owner shall provide to the Palm Beach County Land Development Division a road right of way warranty deed and all associated documents as required by the County Engineer for Lyons Road, 55 feet from centerline. This right of way deed shall be provided on or before June 1, 2007, or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along this additional POD's frontage of Lyons Road and shall be free of all encumbrances and encroachments. 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. 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.. The Property Owner shall not record these required deeds or related documents. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. Is hereby amended to read: The Property Owner shall provide to the Palm Beach County Right of Way Acquisition Section of Roadway Production Division a road right of way deed and all associated documents as required by the County Engineer for: Lyons Road, 55 feet, measured from centerline of the proposed right of way, on an alignment approved by the County Engineer. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. 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, including a topographic survey. The Property Owner must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Property Owner, the Property Owner agrees to hold the 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. 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, additional right of way for Expanded Intersections and Corner Clips. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector's Office, shall be submitted by the Property Owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering) 3. Previous ENGINEERING Condition 3 of Resolution R , Control No , which currently states: Prior to issuance of a building permit the property owner shall provide a temporary roadway construction easement along Lyons Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The Property Owner shall not record these required easments or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. ZC April 7, 2016 Page 20

9 Is hereby amended to read: Prior to the issuance of the first building permit, the Property Owner shall provide a temporary roadway construction easement to Palm Beach County along Lyons Road. This roadway construction easement shall also contain an isosceles trapezoid connecting the Corner Clips across this Property Owners entrance. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT: MONITORING - Engineering) 4. SIGNALIZATION - VISTA DEL LAGO AND LYONS ROAD a) The Property Owner shall fund the cost of converting the emergency fire signal to the installation of a full signal if warranted as determined by the County Engineer at Vista Del Lago and Lyons Road. The cost of signalization shall also include all design costs and any required utility relocation. Also included in the cost of signalization shall be the total cost of materials and installation of a fiber optic underground communication cable within the right of way of Lyons Road between Boca Lago Blvd. and Palmetto Park Road to permit signal coordination of adjacent traffic signals. (ONGOING-Eng). b) Building Permits for more than 50 dwelling units shall not be issued until the developer provides acceptable surety in the form of a cash bond or escrow agreement to the Traffic Division in an amount as determined by the Director of the Traffic Division. (BLDG PERMIT:MONITORING-Eng). c) In order to request release of the surety for the traffic signal at Vista Del Lago and Lyons Road, the Property Owner shall provide written notice to the Traffic Division stating that the final certificate of occupancy has been issued for this development and requesting that a signal warrant study be conducted at this intersection. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. (ONGOING: ENGINEERING-Eng) a. The Property Owner shall fund the cost of converting the emergency fire signal to the installation of a full signal if warranted as determined by the County Engineer at Vista Del Lago and Lyons Road. The cost of signalization shall also include all design costs and any required utility relocation. Also included in the cost of signalization shall be the total cost of materials and installation of a fiber optic underground communication cable within the right of way of Lyons Road between Boca Lago Blvd. and Palmetto Park Road to permit signal coordination of adjacent traffic signals. (ONGOING: ENGINEERING - Engineering) b. Building Permits for more than 50 dwelling units shall not be issued until the developer provides acceptable surety in the form of a cash bond or escrow agreement to the Traffic Division in an amount as determined by the Director of the Traffic Division. (BLDGPMT: MONITORING - Engineering) c. In order to request release of the surety for the traffic signal at Vista Del Lago and Lyons Road, the Property Owner shall provide written notice to the Traffic Division stating that the final certificate of occupancy has been issued for this development and requesting that a signal warrant study be conducted at this intersection. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 4 of Resolution R , Control No ) 5. Previous ENGINEERING Condition 5 of Resolution R , Control No , which currently states: Dedicate to the County Right-of-Way Department the additional right-of-way needed to provide for a two-hundred (200) foot right-of-way for Palmetto Park Road. Is hereby amended to read: The Property Owner shall provide to the Palm Beach County Right of Way Acquisition Section of Roadway Production Division a road right of way deed and all associated documents as required by the County Engineer for Palmetto Park Road, 200 feet in width on an alignment approved by the County Engineer. ZC April 7, 2016 Page 21

10 All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. 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, including a topographic survey. The Property Owner must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Property Owner, the Property Owner agrees to hold the 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. 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, additional right of way for Expanded Intersections and Corner Clips. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector's Office, shall be submitted by the Property Owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDGPMT/ONGOING: MONITORING - Engineering) 6. Condition 6 previously deleted by Resolution R (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 6 of Resolution R , Control No ) 7. Condition 7 previously deleted by Resolution R (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 7 of Resolution R , Control No ) 8. Condition 8 previously deleted by Resolution R (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 8 of Resolution R , Control No ) 9. Pay for the condemnation necessary to acquire additional right-of-way for Wingate Road. (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 9 of Resolution R , Control No ) 10. Construct the additional right-of-way needed to provide for four lanes on said road. (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 10 of Resolution R , Control No ) 11. The four lanes shall transverse the subject property and the parcel belonging to Real Properties, Inc., (as described in Petition #73-53) and shall terminate at Boca Raton Road West (S.R. 808). (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 11 of Resolution R , Control No ) 12. Construction of additional right-of-way to be in conjunction with Real Properties, Inc. In the event that Real Properties does not participate in the road construction, it is understood that Frankel Enterprises will complete the road widening project. (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING Condition 12 of Resolution R , Control No ) 13. Previous ENGINEERING Condition 13 of Resolution R , Control No , which currently states: Landscape Within the Median of Lyons Road A. The petitioner shall design, install and perpetually maintain the median landscaping within the median for this additional POD's frontage of Lyons Road. This landscaping and irrigation shall strictly conform to the specifications and standards for the County s Only Trees, Irrigation, and Sod ZC April 7, 2016 Page 22

11 (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by petitioner shall be perpetually maintained by the petitioner, his successors and assigns, without recourse to Palm Beach County, unless petitioner provides payment for maintenance as set forth in Paragraph d below. B. 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) C. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING -Eng) D. At petitioner 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 petitioner. The petitioner 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 Petitioner. E. Alternately, at the option of the petitioner, and prior to the issuance of a Building Permit, the petitioner 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 Lyons Road. 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. Is hereby amended to read: Landscape Within the Median of Lyons Road. The Property Owner shall design, install and perpetually maintain median landscape within the median of all abutting right of way of Lyons Road. 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 Commissioner's approval. Median landscaping installed by Property Owner shall be perpetually maintained by the Property Owner, his successors and assigns, without recourse to Palm Beach County, unless the Property Owner provides payment for maintenance as set forth in Paragraph c and d below. a. The necessary permit(s) for this landscaping and irrigation shall be applied for from Palm Beach County Land Development prior to the issuance of the first building permit. (BLDGPMT: MONITORING - Engineering) b. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (BLDGPMT/CO: MONITORING - Engineering) c. At Property Owner's option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the Property Owner 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. The Property Owner 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. (ONGOING: ENGINEERING - Engineering) d. Alternately, at the option of the Property Owner or if the construction of the required landscape and irrigation is not possible due to physical constraints, the Property Owner may make a contribution to the County's Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beautification program prior to the issuance of the first Building Permit. This payment option is only available if the roadway segment is included in the County's current OTIS Master Plan and shall be ZC April 7, 2016 Page 23

12 based on the project's front footage along Lyons Road. 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. (BLDGPMT: MONITORING - Engineering) 14. Prior to final approval by the Development Review Officer (DRO), the Property Owner shall indicate a temporary construction access on the site plan. This access point shall be located on Lyons Road subject to the approval of the County Engineer. All construction traffic for Housing Tract #9 shall utilize this temporary access point. (DRO: ZONING - Engineering) (Previous ENGINEERING Condition 14 of Resolution R , Control No ) 15. Prior to the issuance of the first building permit, the Property Owner shall abandon all easements in conflict with existing or proposed improvements. (BLDGPMT: MONITORING - Land Development) 16. Prior to the recordation of the plat, the Property Owner shall abandon the County's interest in the public right of way, Vista Del Lago. At the time of the abandonment, the private right of way must be maintained by a private entity. (PLAT: MONITORING - Engineering) 17. Prior to issuance of the first building permit, the Property Owner shall reconfigure the subject property into legal lot(s) of record in accordance with the provisions of Article 11 of the Unified Land Development Code. This plat shall includes all residual parcels created by this subdivision. (BLDGPMT: MONITORING - Land Development) ENVIRONMENTAL 1. All existing native vegetation, including understory, depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. No grade changes, or the toe of proposed grade changes, shall occur within the dripline of existing native vegetation depicted to remain. (ONGOING: ENVIRONMENTAL RESOURCES MANAGEMENT - Environmental Resources Management) (Previous ENVIRONMENTAL Condition 1 of Resolution R , Control No ) 2. A draft Preserve Management Plan shall be submitted for review. The Plan shall be required to be finalized and approved by ERM with a recorded conservation easement, as approved by ERM, prior to DRO final site plan approval. (DRO: ENVIRONMENTAL RESOURCES MANAGEMENT - Environmental Resources Management) HEALTH 1. Prior to final approval by the Development Review Officer, the property owner shall implement site assessment and make related notification and submittals to the Florida Department of Environmental Protection (FDEP) in accordance with Rules and , Florida Administration Code, relative to the findings of arsenic contamination on the property. Copies of all submittals to the FDEP shall be submitted to the Palm Beach County Health Department. (DRO: HEALTH DEPARTMENT - Health Department) (Previous HEALTH Condition 1 of Resolution R , Control No ) 2. Prior to the issuance of a building permit, the property owner shall be in receipt of a Site Rehabilitation Completion Order or a No Further Action determination from the Florida Department of Environmental Protection. (BLDGPMT: MONITORING - Health Department) (Previous HEALTH Condition 2 of Resolution R , Control No ) LANDSCAPE - STANDARD 1. Prior to the issuance of a building permit, the property owner shall submit a Landscape Plan to the Landscape Section for review and approval. The Plan(s) shall be prepared in compliance with all landscape related conditions of approval as contained herein. (Previous LANDSCAPE - STANDARD Condition 1 of Resolution R , Control No ) 2. A minimum of sixty (60%) 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; ZC April 7, 2016 Page 24

13 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. (Previous LANDSCAPE - STANDARD Condition 2 of Resolution R , Control No ) 3. All palms required to be planted on the property by this approval shall meet the following minimum standards at installation: a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they meet current ULDC requirements. (Previous LANDSCAPE - STANDARD Condition 3 of Resolution R , Control No ) 4. A group of three (3) or more palms may not supersede the requirement for a canopy tree in that location, unless specified herein. (ONGOING: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 4 of Resolution R , Control No ) 5. Field adjustment of berm and plant material locations may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation. (ONGOING: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 5 of Resolution R , Control No ) 6. LANDSCAPING ALONG THE NORTH AND EAST PROPERTY LINES OF THE AFFECTED AREA (FRONTAGE ALONG VISTA DEL LAGO AND LYONS ROAD ABUTTING THE FIRE STATION) In addition to the code requirements, landscaping along the north and east property lines along Vista Del Lago and Lyons Road abutting the fire station shall be upgraded to include: a. one (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (ONGOING: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 6 of Resolution R , Control No ) 7. LANDSCAPING ALONG THE SOUTH AND SOUTH WEST PROPERTY LINES (ABUTTING ARBORWOOD PUD) In addition to the code requirements, landscaping along the south and southwest property lines shall be upgraded to include the following: a. a minimum of twenty (20) foot wide buffer strip; b. a six (6) foot chain link fence, with a hedge, six (6) foot in height at installation, shall be provided on both sides of the chain link fence; c. one (1) palm for each for each twenty-five (25) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (ONGOING: ZONING - Zoning) (Previous LANDSCAPE - STANDARD Condition 7 of Resolution R , Control No ) PLANNING 1. Previous PLANNING Condition 1 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the property owner shall provide documentation to the Planning Division insuring provision of the minimum nine (9) workforce housing units and/or buildable lots to be provided offsite. This documentation shall include but not be limited to the following, and shall be subject to approval by Housing and Community Development (HCD) and the Planning Director: ZC April 7, 2016 Page 25

14 a. Surveys, legal description, and property control number (pcn) for the minimum 9 workforce housing unit properties; b. Approval from County's Housing and Community Development (HCD) Department accepting the properties for workforce housing needs; and, c. Any agreements involving third parties that will fulfill the workforce housing obligations for the properties. (DRO: PLANNING - Planning) Is hereby deleted. [REASON: No longer applicable.] 2. Previous PLANNING Condition 2 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the master and site plans shall indicate the following information on these plans: a. A note that states that a minimum of nine (9) workforce units will be provided at an offsite location subject to approval by Housing and Community Department and the Planning Division; and, b. The Property Control Numbers or parcel identification numbers, whichever is applicable, and the situs address of the properties that are to be provided offsite in order to fulfill workforce housing obligation. (DRO: PLANNING - Planning) Is hereby deleted. [REASON: No longer applicable.] 3. Prior to the issuance of the first residential Building Permit, the applicant shall submit payment to the Department of Economic Sustainability(DES) and a copy of a receipt for that payment to the Planning Division in the amount of $244,500 (3 units at $81,500 per WHP unit). (BLDGPMT: MONITORING - Planning) PROPERTY & REAL ESTATE MANAGEMENT 1. Previous PROPERTY & REAL ESTATE MANAGEMENT Condition 1 of Resolution R , Control No , which currently states: All Boca Lago Preserve Conservation (PC) Parcels which were originally dedicated to Palm Beach County by Plat Book 30, pages and replatted in Plat Book 31, pages 62-71, shall be conveyed from Palm Beach County and accepted by the Boca Lago Country Club, Inc. prior to recordation of the first plat under application (PLAT:ENG-Prem) Is hereby amended to read: All of Palm Beach County's interest in the Boca Lago Preserve Conservation (PC) Parcels 1 to 21, which were originally dedicated to the County by Plat Book 30, pages and replatted in Plat Book 31, pages 62-71, shall be conveyed by County Deed from Palm Beach County and accepted by the Boca Lago Country Club, Inc. prior to recordation of the first plat under application Additionally, it will be incumbent on the Developer of this project to show that Boca Lago Country Club has fee simple title to all PC areas prior to the County conveying its interest in the PC areas. The Developer also acknowledges that the Country Club must enter into a maintenance agreement with the County for PC areas 1, 2, 5-21 prior to platting this project. (PLAT: PROPERTY REAL ESTATE MANAGEMENT - Property Real Estate Management) PLANNED UNIT DEVELOPMENT 1. Prior to recordation of the plat, all property included in the legal description of Housing Tract #9 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; ZC April 7, 2016 Page 26

15 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; and, 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 plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (ONGOING/PLAT: ENGINEERING - Zoning) (Previous PLANNED UNIT DEVELOPMENT Condition 1 of Resolution R , Control No ) 2. Prior to plat recordation, the master association shall hold an election of its membership in the manner required by its documents to include Housing Tract #9 within the Boca Lago Associates LTD as a sub-association with all rights, benefits and obligations of membership. In the event the above election is held and does not approve inclusion of Housing Tract #9 within the Association, an independent association shall be formed for Housing Tract #9. The members of the Housing Tract #9 association shall receive the same rights, benefits and obligations as members of the Master Association except for membership. (ONGOING/PLAT: MONITORING - Zoning) (Previous PLANNED UNIT DEVELOPMENT Condition 2 of Resolution R , Control No ) 3. Previous PLANNED UNIT DEVELOPMENT Condition 3 of Resolution R , Control No , which currently states: Decorative pavement such as precast concrete pavers or stamped concrete shall be provided in the cul-de-sacs in areas as indicated on the Site Plan dated August 8, (DRO: ZONING - Zoning) Is hereby deleted. [REASON: No longer Applicable, the site was redesigned and the cul-de-sacs were removed.] 4. Previous PLANNED UNIT DEVELOPMENT Condition 4 of Resolution R , Control No , which currently states: Prior to final approval by the Development Review Officer (DRO), the property owner shall indicate on the site plan a pedestrian walkway around a minimum of fifty (50%) percent of the lake track to provide interconnectivity from the pool and cabana to the cul-de-sac in the southeast corner of the site. The walkway shall be a minimum of five (5) feet in width and shall be paved with an ADA accessible surface. (DRO: ZONING - Zoning) Is hereby deleted. [REASON: No longer applicable, the site was redesigned and the cul-de-sac was removed] 5. Prior to final approval by the Development Review Officer (DRO), the site plan for Housing Tract #9 shall be revised to indicate a minimum of one (1) water fountain as a focal feature within the lake. The location of this fountain shall be subject to review and approval by the Zoning Division. (DRO: ZONING - Zoning) (Previous PLANNED UNIT DEVELOPMENT Condition 5 of Resolution R , Control No ) 6. Prior to final approval by the Development Review Officer (DRO), the site plan for Housing Tract #9 shall be revised to indicate that all buildings within 50 feet of the south and west property lines (abutting Arbor Wood PUD) are limited to one story and a maximum height of twenty-five (25) feet. Height shall be measured from the finished grade to the highest point of the building. (DRO/ONGOING: ZONING - Zoning) (Previous PLANNED UNIT DEVELOPMENT Condition 6 of Resolution R , Control No ) SCHOOL BOARD 1. Prior to Final Site Plan certification, the applicant shall provide a Declaration and Restrictive Covenant which prohibits children less than nineteen years of age from residing in the community. This declaration shall be recorded in the public records for Palm Beach County in a form and manner acceptable to the School Board and the County Attorney. (DRO: SCHOOL BOARD - County Attorney) (Previous SCHOOL BOARD Condition 1 of Resolution R , Control No ) ZC April 7, 2016 Page 27

16 SENIOR/ADULT ONLY COMMUNITY 1. Starting on August 23, 2007, the property owner shall submit an annual report to the Zoning and Traffic Divisions demonstrating compliance with the adult only community requirements as documented in the restrictive covenant. (DATE/ONGOING: MONITORING - Zoning) (Previous SENIOR/ADULT ONLY COMMUNITY Condition 1 of Resolution R , Control No ) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC April 7, 2016 Page 28

17 Figure 1: Land Use Map ZC April 7, 2016 Page 29

18 Figure 2: Zoning Map ZC April 7, 2016 Page 30

19 Figure 3: Aerial ZC April 7, 2016 Page 31

20 Figure 4: Preliminary Master Plan dated January 25, 2016 ZC April 7, 2016 Page 32

21 Figure 5: Approved Master Plan dated March 14, 2007 ZC April 7, 2016 Page 33

22 Figure 6: Preliminary Site Plan dated February 11, 2016 ZC April 7, 2016 Page 34

23 Figure 7: Preliminary Regulating Plan dated February 11, 2016 ZC April 7, 2016 Page 35

24 Figure 8: Preliminary Site Plan dated March 14, 2007 ZC April 7, 2016 Page 36