TOWN OF JUPITER TOWN MANAGER S OFFICE

Transcription

1 TOWN OF JUPITER TOWN MANAGER S OFFICE DATE: June 5, 2014 TO: THRU: Honorable Mayor and Members of Town Council Andrew D. Lukasik, Town Manager FROM: John Sickler, Director of Planning and Zoning SUBJECT: VILLA DIAMANTE Planned Unit Development (PUD) and site plan applications for the construction of a residential duplex development, on a 3.4± acre property, located approximately 1,000 feet east of Alternate A1A on the south side of Old Jupiter Beach Road. Ordinance # Resolution # PZ and PM Meeting dates: PZ TC TC 06/10/14 07/01/14 1 st reading 07/15/14 2 nd reading (quasi-judicial) Project name: Villa Diamante Owner: Kennedy Homes, LLC (Robert Kennedy, Stephen Gravett, and Mike Ehrlich) Agent: Cotleur & Hearing, Inc. Location: Located approximately 1,000 feet east of Alternate A1A on the south side of Old Jupiter Beach Road (Attachment A location map) Acreage: 3.4 +/- acres Gross density per acre: 5.9 dwelling units per acre Existing Use: Vacant Proposed Use: 20 duplex units Present land use designation: High Density Residential Present zoning: Residential, Limited Multi-family (R3) Request: 1) Construct a 20 dwelling unit duplex development; 2) Large scale PUD waivers for an increase in lot coverage and to reduce right-of-way width, sidewalk requirements, lot dimensions, setbacks (building, pool, and patio), minimum acreage for PUD, greenspace, and driveway separation; 3) Construct a speed table/crosswalk on Old Jupiter Beach Road for traffic calming; 4) A temporary sales trailer and parking lot. 4-1

2 Villa Diamante Staff Report Page 2 Staff Recommendation. The Department of Planning and Zoning recommends approval of the applicant s request (see Attachment B Statement of use). The recommendation for approval is subject to the conditions of approval in Exhibit 1 attached and contingent on Town Council approval of the following waivers and public benefits: The Town Council approval of the following waivers: a. Large Scale PUD requirements reduction to the: 1) Minimum land area for a large scale PUD from 10 acres to 3.4 acres. 2) Minimum greenspace from 35% to 25%. 3) Minimum requirements for recreation land dedication from 1 acre to.34 acres. b. Right-of-way reduce the: 1) Right-of-way width from 50 to 29. 2) Sidewalk from both sides to one side of the right-of-way. c. Reduce the driveway separation from 10 to 3. d. Lot dimensions reduce the: 1) Minimum lot size from 5,500 square feet to 3,926 square feet. 2) Minimum Lot depth from 100 to 96. e. Lot coverage increase from 35% to 42%. f. Building setbacks reduce the: 1) Front setback to living space from 25 to 15. 2) Front setback to the garage from 25 to 21. 3) Interior side setback from 10 to ) Corner side setback from 25 to 15. g. Swimming pool setbacks reduce the: 1) Interior side pool setback from 10.5 to ) Corner side pool setback from 18 to 15. 3) Rear pool setback from 10.5 to 7.5. The Town Council approval that the applicant provides defined public benefit as listed below: a. Construct a project meeting the green building program standards to receive gold level certification from the Florida Green Building Coalition. b. Construct traffic calming devices on Old Jupiter Beach Road. 4-2

3 Villa Diamante Staff Report Page 3 Project data. Please find listed below pertinent site plan data and information in reference to the application. The information is as follows: Direction Existing Land Uses Future Land Use/Zoning Districts North Residential (Single family lots) Medium Density Residential/Residential, Single-Family (R-1) South Commercial (Sea Grape Plaza) Commercial/Indiantown Road Overlay Zoning (IOZ) Alternate A1A subdistrict with underlying C-2 (Commercial, General) Zoning East Commercial (Fisherman s Commercial/(IOZ) Parkways subdistrict with underlying C- West Wharf) Commercial (Concourse Plaza) and single family residential (Coral Key subdivision and Hutchison Plat Lot 1) Site plan information. 2 Zoning Commercial/(IOZ) Alternate A1A subdistrict with underlying C-2 Zoning and Medium Density Residential/Residential, Limited Multi-family (R-3) R-3 zoning district Applicant s proposal requirements Minimum square footage duplex 1,000 square feet 2,700± square feet 3,926 square feet** Minimum lot area 5,500 square feet per duplex unit Minimum lot width 40 feet/dwelling 40 feet/dwelling Minimum lot depth 100 feet 96 feet** Maximum building height 35 feet 23 feet Maximum lot coverage 35 percent 42 percent ** Minimum green space 35 percent 25 percent ** Parking requirements Minimum requirements Applicant s proposal Number of standard parking spaces 10 Cavallo models (4 bedroom) 30 spaces (3 spaces per 4 bedroom unit) 2 driveway spaces per unit 1 garage space per unit *** 3 spaces provided per unit 10 Turquesa models (4 bedrooms) 30 spaces (3 spaces per 4 bedroom unit) 2 driveway spaces per unit 1 garage space per unit *** 3 spaces provided per unit Total standard spaces required 60 spaces 60 spaces (80***) Number of disabled parking spaces n/a n/a Guest parking n/a 6 on street spaces Building Setbacks R-3 zoning district requirements for duplex Applicant s proposal Front 25.0 feet 15 feet (Living space) ** 21 feet (Garage) ** Rear 15.0 feet 26 feet Side (interior) 10.0 feet 7.5 feet ** Side (corner) 25.0 feet 15 feet ** 4-3

4 Villa Diamante Staff Report Page 4 Swimming Pool and Patio Setbacks Section Applicant s proposal Pool 28 feet 28 feet Front Patio 25 feet 25 feet Rear Pool 10.5 feet 7.5 feet ** Patio 7.5 feet 7.5 feet Side (interior) Pool 10.5 feet 7.5 feet ** Patio 7.5 feet 7.5 feet Side (corner) Pool 18 feet 15 feet ** Patio 15 feet 15 feet Vegetation/environmental preservation. Proposed relocated vegetation Required 25% upland preservation Yes N/A Tree protection requirements Yes * Gopher tortoise(s) located on site No Existing exotic vegetation Yes * Proposed signage. Max. requirements per Applicant s proposal Section Freestanding project signs (P-8) 2 per entrance 1 per entrance Sign copy square footage 100 sf 7 sf Traffic. Satisfies PBC/Town of Jupiter TPS Yes Average daily trips (New) 200 ADT (15 AM peak hour & 25 PM peak hour ) Stormwater management. Satisfies Town of Jupiter requirements Yes * Conditions of approval have been provided within Staff s recommendations to address these items. ** Waiver requested. *** Each duplex has a two car garage but only one of the garage parking spaces is being counted toward meeting code. If the additional garage parking space was counted, each unit would provide four parking spaces and 80 parking spaces in total for the PUD. Background/history. The applicant is proposing to construct 20 duplex dwelling units on a vacant 3.4 acre parcel of land on Old Jupiter Beach Road. The immediate area is an eclectic mix of commercial and residential uses when approaching from the west along Alternate A1A (refer to the 11 by 17 context aerial under separate cover). As shown on the context aerial, the subject property directly abuts commercial along the south and east boundaries. A mix of single family homes exists on small and large lots along the north and a portion of the west boundaries. Bells Mobile Home Park and Gabrielles Tile and Marble front Old Jupiter Beach Road to the west. Due to the context of the area, staff worked with the 4-4

5 Villa Diamante Staff Report Page 5 applicant to address compatibility and to provide transition from the single family zoning and uses to the north with the general commercial zoning and uses to the south. To blend the proposed development on the subject property, which is zoned multi-family, with the surrounding uses the following items were addressed: Adding a large open space along Old Jupiter Beach Road; Limiting the number of dwelling units abutting Old Jupiter Beach Road to four with two setback and two meeting setback requirements. This is consistent with the number of dwelling units across the street (two existing houses are close to the street and two are setback); Prohibiting individual driveways on Old Jupiter Beach Road; Providing a traffic calming feature on Old Jupiter Beach Road; and, Not reducing setback requirements adjacent to Old Jupiter Beach Road and the adjacent residential lot to the west. The subject property has received two different site plan approvals, but the site has yet to be developed. In 2006, the subject property received a use-by-right site plan approval for a 20 dwelling unit townhouse development with condominium ownership (not subdivided individually owned lots). The project had a density of 5.8 units per acre which was consistent with the R-3 zoning district. The townhouse buildings were three stories which is permitted in the R-3 zoning district. Two four-unit townhouse buildings were approved to front on Old Jupiter Beach Road. At the time of the application, the site plan included preserving a native upland area on the southeast corner of the project. The Owner had received two Senate Bill extensions which ultimately extended the development approval to March 27, This development approval has expired. In 2012, the subject property received an administrative site plan approval for eight single family homes. Four of the homes fronted Old Jupiter Beach Road consistent with the surrounding lot configurations. Only eight conforming lots could fit on the site which included the dry retention and upland preserve area. This development approval will expire on December 21, As with the previously approved condominium development, this project could also be approved administratively by staff as a condominium development if individual fee simple ownership was not proposed. A condominium would not require any PUD waivers and public benefits, since the development would meet the perimeter setbacks and other applicable development standards. However, the applicant has proposed fee simple lots instead which require each proposed lot to meet the standards and thus resulted in the requests for PUD waivers and the proposed public benefits. The major public benefit that is being provided by the applicant is to be Florida Green Building Certified Silver. The proposed development will be the first residential project to utilize the green building program since its adoption in Pursuant to Section , entitled Purpose and intent the green building program provides for waivers from the zoning regulations commensurate with the amount of green building standards incorporated into the buildings (see analysis under the PUD Public Benefit section below). At staff s request, the applicant met with the neighborhood residents during the application process. On May 29, 2014, staff received a petition from some of the resident s living along Old Jupiter Beach Road who are not in support of the application (See Attachment D). In addition, on May 30, 2014 staff received a letter from Sanctuary Bay HOA which 4-5

6 Villa Diamante Staff Report Page 6 states they are also not in support of the proposed application because it will add traffic to Old Jupiter Beach Road and will impact the intersection at Old Jupiter Beach Road and Alternate A1A (See Attachment E). Also, staff received a letter on May 30, 2014 from Kevin and Leslie Calhoun who are not in support of the proposed project due to the increase in density, traffic and existing drainage issues along Old Jupiter Beach Road (See Attachment F). Staff has provided a response to traffic concerns in the Traffic section and drainage concerns in the Stormwater Section of the staff report. Analysis. This section analyzes the land development regulations and notes the application s inability or ability to satisfy all applicable development provisions of the Town Code and Comprehensive Land Use Plan (CLUP). The analysis is as follows: Comprehensive Plan consistency. The proposed development is in conformance with the Future Land Use element of the CLUP. R-3, Residential, Limited Multifamily. Pursuant to Section , entitled Use regulations, duplex units are a permitted use within the Limited Multifamily Residential (R-3) Zoning District. PUD Waivers. Town Council may approve waivers within a Planned Unit Development (PUD), pursuant to Section (a)(2) and (b) and Section The proposed waivers are consistent with Policy of the Future Land Use Element to provide incentives that bring value to the community by allowing greater flexibility in code requirements. The proposed development is consistent with the eclectic mix of the surrounding neighborhood since the four duplex buildings along Old Jupiter Beach Road appear to be single family and are setback similar to the existing homes along Old Jupiter Beach Road. The proposed waivers requested provide reductions to code requirements are used internally to the development. In essence, the appearance of the development will be compatible contextually with the neighborhood from Old Jupiter Beach Road, but internal to the subject property the density and compactness is more pronounced within the development and abutting the commercial. In comparison, the proposed development is similar to lot dimensions and setbacks in the mixed use zoning district applied to Abacoa residential neighborhoods, as well as Botanica. Specifically, Residential Medium (RM) lots are permitted a lot area of 3,000 square feet; lot coverage of 50%; front setback of 15 ; and side interior setback of five feet. While the proposed development is comparable to Abacoa, it is not new urbanism, primarily because the garages dominate the streetscape and sidewalks are only on one side of the street. The applicant is requesting ten waivers from the code (See Attachment B, Statement of Use), as follows: Waiver Request: A reduction in the minimum land area required for a large scale PUD from 10 acres to 3.4 acres per Section (a). Staff Comment: The applicant had originally submitted a small scale PUD application to request waivers to reduce lot depth and area dimensions. However, a lot depth and area dimensions cannot be waived as part of a small scale PUD so the application type had to be changed to a large scale PUD which allows waivers to lot depth and area. Small scale PUDs were originally created to address existing non-conforming properties to encourage infill and redevelopment; it was not necessarily contemplated to serve new residential 4-6

7 Villa Diamante Staff Report Page 7 subdivisions. Pursuant to Section (b) Town Council can waive the land area for a PUD if the parcel has unique characteristics. The subject property is unique since it s an infill parcel that is bounded on two sides by commercial (Seagrape Square and Fisherman s Wharf), the property is zoned R-3 residential multi-family and is across the street from R-1, single family zoning. Allowing the use of the large scale PUD provides flexibility for the property. Staff is supportive of this waiver request. Waiver Request: A reduction in the minimum required greenspace for a PUD from 35% to 25% per Section Staff Comment: The applicant proposes a total of 41.8% pervious area for the entire PUD, which includes 25.4% of greenspace (common area and landscape buffers) and 16% of private pervious area on individual lots. However, pursuant to Section (b) the greenspace must be for common and preservation use and only 25.4% can be counted towards meeting the greenspace requirement for the PUD. The additional 16% of pervious area on individual lots (excluding landscape buffers) assumes each lot will have a maximum 80% impervious area based on the drainage statement. In addition, some of the landscape buffers are incorporated into Lots 1, 2, 3, and 15 through 20 which are being counted towards the greenspace requirement and will be shown on the plat as landscape buffers. Therefore, Staff is supportive of the waiver request to reduce the greenspace to 25.4% since the PUD provides a total of 41.8% of pervious area. Waiver Request: A reduction in the minimum acreage required for a recreation land dedication from 1 acre to 0.34 acres per Section (a)(3). Staff Comment: The applicant is requesting a waiver to reduce the amount of required recreational land dedication proportionately with the size of the proposed PUD. Waivers were granted to the minimum recreation land dedication required for Clocktower Hammock and Fishermans Wharf residential that were consistent with this methodology. Staff is supportive based on the analysis provided under the recreation land dedication section in the report. In addition, the Recreation Director is supportive since the PUD provides an area for recreation for residents of the PUD while also proving a payment in lieu. Waiver Request: A reduction of the right-of-way width from 50 to 29 per Section Staff Comment: The applicant is proposing a 29 right-of-way which includes 24 of pavement and five feet for the sidewalk on one side. The applicant proposes to locate sewer and water lines underneath the roadway and sidewalk. The remaining utilities such as phone and cable will be located in the five and ten foot wide utility easements within the front yards of the individual lots. The width of the internal right-of-way plus the utility easements will be 44. Including the 29 right-of-way, the duplexes will have a separation of 59 between living space and 71 between garages. Waivers were granted to the right-of-way width for Jupiter Key to allow a 30 right-of-way; 10 front setback to the living space; and a 20 front setback to the garage. Including the 30 right-of-way, the single family homes in Jupiter Key have a separation of 50 between living space and 70 between garages. Staff is supportive of the waiver request since the right-of-way reduction is internal to the development and most of the utilities are located within the right-of-way and the additional utility easements are proposed. Also, 4-7

8 Villa Diamante Staff Report Page 8 the Town Engineer was supportive of the waiver since the road serves a small number of dwelling units. Waiver Request: A reduction of the pedestrian sidewalk from being required on both sides of the right-of-way to one side of the right-of-way per Section Staff Comment: The applicant is proposing a five foot wide sidewalk along one side of the right-of-way that provides a continuous route for pedestrian circulation. The applicant also proposes a pedestrian walkway in the center of the block on the south side of Lots 9 and 12. Since the applicant is proposing additional walkways within the development to provide connectivity which provides for continuous pedestrian circulation, staff is supportive of this waiver request. Waiver Request: A reduction of the driveway separation on individual lots from 10 to 3 per Section (7)(b)(6). Staff Comment: The applicant proposes driveways for each duplex building with a three foot strip of landscaping separating them and 48 of green area (front lawns) along Diamante Way between the driveways of the adjacent duplex building. The three foot strip is adequate space for a palm and hedges, as proposed by the applicant. Pursuant to Section (7)(b)(6) driveways on adjacent duplex lots must be separated by a minimum of 10. In 2007, the code was amended to add this requirement. The code requirement was intended to address single lots with a duplex building to provide a separation between driveways from an adjacent lot with a duplex building. Therefore, staff is supportive of this waiver request since the applicant provides adequate space between driveways to plant palms and shrubs while providing larger front lawn areas for the residents. Waiver Requests: A reduction in the minimum lot size, lot coverage and building setback requirements per the Residential, Limited Multifamily (R-3) district regulations (Section ): a. Reduce the minimum lot size from 5,500 square feet to 3,926 square feet; Staff Comment: The proposed lot sizes vary from 3,926 to 6,623 square feet, as follows: Two lots with a lot size ranging from 3,926 to 3,934 square feet (29% reduction); Eleven lots with a lot size varying from 4,049 to 4,812 square feet (27% to 13% reduction); Five lots varying from 4,956 to 5,484 square feet (10% to 1% reduction); Two lots with 5,500 square feet and greater (meets code); The lot sizes vary from meeting the code to an average 18% reduction. It should also be noted that the applicant proposes 10,120 square feet of greenspace referred to as Formal open lawn on the north side of the PUD to provide open space that transitions to the single family north of the proposed development. If the applicant did not provide the formal open lawn, then the additional square footage could have been added into the individual lots to reduce the amount of lots needed a waiver. According to the statement of use, if fee simple lots were not proposed, the development could be approved as a condominium without waivers. 4-8

9 Villa Diamante Staff Report Page 9 Staff is supportive of this waiver request since on average the lot size (4,510 square feet) is an 18% variation from code. b. Reduce the lot depth from 100 to 96 ; Staff Comment: The proposed waiver is for five lots (Lots 16 through 20) along the east side of the PUD which have a lot depth of 96. The other 15 lots meet the minimum 100 lot depth. Staff is supportive of this waiver request since it only reduces the lot depth by four feet for five lots that back up to the Fisherman s Wharf commercial area. c. Increase the lot coverage from 35% to 42%; Staff Comment: The applicant is requesting a maximum of 42% lot coverage; however, the site plan shows a range of lot coverage from 21% up to 42% with an average 34% lot coverage for the PUD. Only six of the 20 lots exceed the 35% lot coverage maximum (Lots 8, 9, 12, 13, 18, and 19). In the past, PUD waivers were granted for a lot coverage of 45% or higher for Clocktower Hammock, The Colony at Maplewood, The Loxahatchee Club (M-2, SF-2 and M-4), and Hammock Trace. Lot coverage includes accessory structures such as gazebos, sheds, etc that have solid roofs. Staff notes that the lots that are already at the maximum 42% lot coverage with the house alone will not be permitted to add covered accessory structures. Staff is supportive of the waiver request. d. Reduce the front and side corner setback for living space from 25 to 15 ; Staff Comment: The applicant proposes a 15 front setback to the living space and a 15 side corner setback. No setback reductions were requested for the lots abutting Old Jupiter Beach Road or to the west abutting existing single family. Forty-seven percent of the front façade is proposed at a 15 front setback. In the past Town Council has approved PUD waivers for reduced front and side corner setback of 15 for Paseos and Parcel 19 for living space. Lots 7 and 14 are considered side corner lots since the south property line abuts the interior right-of-way. Lots 1 and 20 are considered side corner lots since the north property line abuts the Old Jupiter Beach Road right-of-way. Staff is supportive of this waiver request, it is consistent with other developments in the Town and it reduces the predominance of the front loaded garages. e. Reduce the front setback to the garage from 25 to 21 ; Staff Comment: The applicant proposes garages that are setback a minimum of six feet from the front corner of the living space. Since the front façades are staggered, half of the lots will meet a 25 front setback while the other half will only meet a 21 setback. The proposed driveways will be a minimum of 21 in depth from the right-of-way. Staff is supportive of the waiver request since the garage setback is greater than the living space setback and it reduces the dominance of the garage views. f. Reduce the interior side setback from 10 to 7.5 ; Staff Comment: The applicant is requesting a side interior setback of 7.5. In the past, PUD waivers were granted for a reduced interior side 4-9

10 Villa Diamante Staff Report Page 10 setback of 7.5 for Paseos. The applicant proposes bay windows on some of the units that encroach into the interior side setback approximately 36. Pursuant to Section (a)(1)(a) bay windows can encroach a maximum of 36 into the required setback. The bay windows have a setback of 5 from the property line which meets the minimum 3 setback for fire separation per the Building Code. The buildings meet the minimum 6 building separation. Staff is supportive of the requested waiver since it is consistent with other development with smaller lot widths and it meets the minimum fire separation requirements. Waiver Request: A reduction in the pool setback requirements per Section , entitled Swimming pools, spas, patios and screen enclosures : a. Reduce the interior side pool setback from 10.5 to 7.5. b. Reduce the corner side pool setback from 18 to 15. c. Reduce the rear pool setback from 10.5 to 7.5. Staff Comment: The applicant is requesting to reduce the side and rear setbacks for pools to maximize the back yard area of the individual lots. The applicant is proposing to allow a reduction to the interior side and rear setback for pools from 10.5 to 7.5 which is the same setback required by code for patios. Also, the applicant is requesting to reduce the side corner setback for pools from 18 to 15 consistent with side corner setbacks for patio setbacks. This is consistent with the side setbacks proposed for the main structure. Staff is supportive of this waiver since the reduced pool setbacks are consistent with the building setbacks. Planned unit development public benefits. The applicant proposes the following public benefits (See Attachment B): The applicant is proposing to utilize the green design theories and techniques in accordance with Article X, Division 40, entitled Green building program. The project is proposed to be silver certified by the Florida Green Building Coalition. Staff comment: This is the first residential development to utilize the green building program since the regulations were adopted in The intent of the green building program is to encourage sustainable construction, water efficiency, energy efficiency, sustainable material selections and improved indoor environmental quality for new development, redevelopment and infill projects. Projects are encouraged to be green by the Town s Green Building Program that provides incentives to property owners. Pursuant to Section , entitled Applicability the green building program can be used in both large and small scale PUDs as a public benefit. In addition, per Section , entitled Purpose and intent of the green building program, the intent is to provide for waivers from zoning regulations commensurate with the amount of green building standards incorporated in the buildings associated with new development Since there are a significant number of PUD waivers requested, staff is recommending that the level of green building be increased to gold certification. The applicant is proposing the minimum of a silver certification. Staff has recommended a condition of approval to ensure compliance with the green building program per Section and The applicant is proposing an infill residential development. 4-10

11 Villa Diamante Staff Report Page 11 Staff comment: The subject property is surrounded by developed residential along two sides of the property and commercial lands on the remainder of the two sides. The PUD was designed to be a transition from the commercial development on the south, and east sides to single family residential to the north and west side. This was accommodated by providing an open space area along Old Jupiter Beach Road and providing more of the density of the PUD towards the back of the property towards the commercial. The subject property is also readily accessible to existing infrastructure. As previously mentioned under the background section of the staff report, this project has received two prior site plan approvals but still remains undeveloped. The applicant is proposing to construct two traffic calming devices on Old Jupiter Beach Road on the northwest corner of the PUD and one on the northeast corner of the PUD. Staff comment: The applicant proposes traffic calming on Old Jupiter Beach Road at two locations as shown on the plans based on the recommendations of the Town s Traffic Engineer. Upon further review, both the Town Engineer and the Town Traffic Engineer agree that the proposed speed table at the northeast corner of the site is too close to the curve in the road and should be relocated to the north side of the formal open lawn between both Diamante driveways. Also, they recommend that the additional traffic calming device on the northeast corner of the site be removed. Staff is supportive of the public benefit with a condition of approval to relocate the proposed speed table and crosswalk to the north side of the formal open lawn and to remove the additional traffic calming device on the northwest corner. In addition, staff has recommended a condition of approval requiring the HOA maintain the traffic calming device in perpetuity. Site plan. The proposed development is not in conformance with the minimum requirements of the R-3 zoning district. However, PUD waivers are requested to address reductions in lot and area dimensions, setbacks, right-of-way width and to request an increase in lot coverage. The applicant proposes to limit the height of all fences within the PUD to 42 and proposes to limit the type of fence to black aluminum as shown on the site plan details sheet. The applicant proposes ten foot wide utility easements on both sides of Diamante Way. The utility easement located along the inside of Diamante Way is shown to be ten feet wide on the site plan; however, only a five foot wide utility easement is needed since the other five feet is located within the right-of-way for Diamante Way. Therefore, staff has recommended a condition of approval that the site plan be revised to show the width of the utility easement along the inside of Diamante Way to be five feet wide. According to the statement of use, the applicant is proposing to not allow screen enclosure structures within the PUD. However, the proposed duplexes include a covered porch which could be screened in if desired by the homeowner. Staff is recommending a condition of approval that a note be added to the site plan which clearly states that screen enclosures structures are not permitted and to modify setback matrix table to change the column heading from Screens to Patio. In addition, the setback matrix needs to be modified to remove reference to a screen enclosure. 4-11

12 Villa Diamante Staff Report Page 12 Easements and Plat. The proposed improvements on the site require easements for pedestrian and vehicular access. Therefore, staff has recommended the following conditions: The proposed PUD requires a land subdivision plat which needs to include the adjoining Lot 2 of the Hutchison Plat property to the west concurrent with the submittal of the engineering plans. The plat must establish tracts for drainage retention, right-of-way, lots, common use, as well as easements for drainage, public pedestrian access, utilities, safe sight easements, landscape buffer and access easements. Staff has recommended a condition of approval to require the property be platted. The proposed Florida Power and Light (FPL) street lights along Old Jupiter Beach Road will require a standard street lighting agreement between the Town and the Homeowner s Association (HOA). Pursuant to Section , entitled Operating and maintenance costs for new developments or subdivisions the Town pays the operating and maintenance costs of the street lighting on dedicated roads. Since Old Jupiter Beach Road is a posted and viewed road, after the street lights are installed the Town will pay for the operation and maintenance of these street lights. The agreement will provide for the HOA to have a lighting agreement with FPL, and for the Town to reimburse the HOA on a quarterly basis for the energy and maintenance cost components of the monthly street lighting bill from FPL, in accordance with FPL Rate Schedule SL-1. Should Diamante Way be dedicated to the Town, the agreement would extend to include lighting along this road as well. Therefore, staff has recommended a condition of approval requiring a standard street lighting agreement. Some of the proposed sidewalks within the development are located outside of the right-of-way on individual properties and common area. The site plan does not show the location of the pedestrian access easements. Therefore, staff has recommended a condition of approval requiring a pedestrian access easement for the portions of the sidewalk that falls outside of the right-ofway limits. The easement needs to include 12 from the edge of the sidewalk. In addition, staff recommends a condition of approval that the site plan be revised to show the location of all pedestrian access easements. The applicant proposes a 12 wide maintenance easement on the southern portion of Lot 6 to allow access to the dry retention pond from Diamante Way. Therefore, staff has recommended a condition of approval to provide the access easement. The applicant proposes landscaping and paver bricks within the Old Jupiter Beach right-of-way. Therefore, staff has recommended a condition of approval requiring a right-of-way maintenance agreement between the Town and HOA for any landscaping and paver brick system located within public right-of-way. The agreement will obligate the HOA to maintain these elements in perpetuity. The applicant proposes to construct a speed table on Old Jupiter Beach Road for traffic calming as a public benefit. Since this is being proposed as a public benefit, the maintenance of this public benefit should be maintained in perpetuity by the HOA. Staff recommends a condition of approval that the right-of-way maintenance agreement require the HOA to maintain the traffic calming improvements. 4-12

13 Villa Diamante Staff Report Page 13 The applicant proposes to provide utility easements for phone and cable utilities on both sides of Diamante Way right-of-way which are five and ten feet in width. Therefore, staff has recommended a condition of approval requiring a utility easement along Diamante Way. Parking. The proposed development is in conformance with Article X, Division 11, entitled Off-street parking. The applicant proposes four bedroom duplexes. Pursuant to Section (Table 1) a three bedroom duplex unit is required two parking spaces and one parking space for each bedroom over three bedrooms. A total of 60 parking spaces are required for the PUD which is three parking spaces per unit. The applicant proposes to provide a total of 80 parking spaces which is four parking spaces per unit (two driveway spaces and two garage spaces). Pursuant to Section (i) each parking space located in a private residential garage counts between one-half and one parking space based on the following being provided; 1) Driveway parking is provided behind or next to the garage; 2) Additional storage area in the garage; 3) The parking spaces are located in a structured parking garage that is not fully enclosed; or, 4) Other provisions are made to ensure that the garages are used for parking. Since the applicant has not provided any storage area in the garage or provided any restrictions to ensure that garages are used for parking, only one of the two garage parking spaces can count towards meeting the requirement for parking. The applicant provides the minimum 60 parking spaces without counting the second garage parking space. The applicant proposes six on street parking spaces spread out in the development which are not counted towards meeting the parking requirement for individual lots. Environmental Preservation. The proposed development is in compliance with Article II of Chapter 26, entitled Preservation and removal requirements specifically related to tree mitigation. The proposed PUD does not include preserving the upland area previously shown on the site plans since it has severely degraded and is no longer a functioning habitat. According to the environmental assessment report submitted by the applicant, because of the heavy encroachment and dominance of exotic nuisance species throughout the property, there is no intact native upland habitat remaining. The Town s Natural Resource Coordinator has confirmed the lack of viable upland habitat on the property. Since there is no upland habitat, the applicant is proposing tree mitigation. All native trees on-site that are suitable for relocation have been identified on the tree mitigation plan prepared by Cotleur-Hearing dated 4/24/14. These trees are comprised of Sabal palms which will be relocated onsite. Staff has recommended a condition of approval requiring any vegetation which expires as a result of relocation or of construction activities on-site, must be replaced with similar species within 30 days of their expiration in accordance with Sec 26-96(d). 4-13

14 Villa Diamante Staff Report Page 14 The Slash pines are not suitable for relocation, and are proposed to be mitigated in accordance with Section According to the tree mitigation plan, a total of 159 tree credits need to be mitigated by either providing the trees onsite or paying a fee in lieu of planting. The applicant proposes to plant 133 mitigation trees onsite and to contribute monies for the remaining 26 mitigation trees. Staff recommends a condition of approval that the applicant contribute $63500 which is $250 per tree as indicated in Section 26-96(g). Landscaping. The proposed development is in conformance with Chapter 23, entitled Landscaping. Architecture. The proposed development is in conformance with Chapter 25, Division 5, entitled, Architectural and Community Appearance Standards. The applicant proposes a rustic Mediterranean style which is consistent with the adjacent house to the west, and the houses in Sawfish Bay and Sanctuary Bay to the east. Staff worked with the applicant to push back the garage from the front façade, add trellises over the garage to reduce the appearance of the garage, and to front the homes toward Old Jupiter Beach Road. The applicant proposes duplex buildings which are two stories and provide two different floor plans (referenced as Cavallo and Turquesa) in the same duplex building. The two story duplex buildings are consistent with surrounding homes that are one and two stories. The two story houses are primarily located within Sawfish Bay and Sanctuary Bay to the east, and the house adjacent to the west property line. The elevations of each duplex building are the same for all ten buildings. In order to provide more diversity in the building elevations for the PUD, staff recommends the following changes condition to: 1) Adjust the spacing of the corbels to be closer so that they appear to be structural rafters; 2) Remove the corbels entirely from one of the building types and increase the width of the cornice line; 3) Modify the shutter type so that there are two different shutter details for each building; 4) Modify the lighting types to provide two different light styles for each building. The applicant proposes shutters that are too small. The shutters should be wide enough that if they were closed they would cover the window opening. Therefore, staff has recommended a condition of approval to modify the size of the shutters so that the width of both shutters equals the width of the window opening. The applicant proposes raised banding on the garage elevation. The raised banding needs to continue on the side of elevation to the main entry on the units that have side entries. Therefore, staff has recommended a condition of approval to continue the base wall and raised band provided along the garage elevation along the side elevation to the main entry. The applicant needs to provide the construction details for the proposed architectural elements. Therefore, staff has recommended a condition of approval to provide construction details of the following architectural elements: 1) Windows and surrounds, including lintels and sills; 2) Corbels and brackets; 4-14

15 Villa Diamante Staff Report Page 15 3) Medallions, shutters, railings, and beso barrel details; 4) Piers to include a base and cap; 5) Trellis above garage. The applicant proposes that some of the duplex units have side entries. The applicant had previously proposed entry features that lead to the side entry; however, they were removed from the plans. Staff recommends a condition of approval to provide an arbor or trellis feature at the entry walkway leading to the side loaded entries. Provide an elevation and detail of the trellis feature and ensure it is consistent with the architectural style of the building. Signage. The proposed development is in conformance with Section , entitled Permanent signs. The applicant proposes to add the development name to entry wall feature on both roadway connections to Old Jupiter Beach Road. Traffic. The proposed application is in conformance with Palm Beach County s and the Town s traffic performance standards. The proposed development will generate 200 average daily trips, 15 AM peak hour trips and 25 PM peak hour trips (See Attachment C). Old Jupiter Beach Road is a low volume local road. As such, the town and county do not typically conduct annual traffic counts. However, based on the number of existing homes and projected future development of vacant properties the average daily traffic would be approximately 700 daily trips east of Bell s Mobile Home Park. The acceptable maximum level of traffic on such a road exceeds 7,000 daily trips. Residents have raised some concerns with the westbound left turning movements to travel south on Alternate A1A. The options for addressing this are limited. Based on the low volume of traffic on Old Jupiter Beach Road the intersection is not close to warranting a traffic signal. One of the possible changes to improve safety would be to install a curbed diverter structure in the median to restrict movements to northbound and southbound left turns, which would eliminate the ability to exit Old Jupiter Beach Road and turn left (southbound). However, this change would be subject to approval by the Florida Department of Transportation and is unlikely to be permitted. The Town s Engineer Division will continue to monitor the intersection to evaluate the need to make any requests for changes in the future. In the meantime, drivers that are not comfortable turning left exiting Old Jupiter Beach road would be recommended to travel northbound and make a U-turn at the traffic signal at Center Street. Recreation Land Dedication. The proposed development is not in compliance with Section , entitled Recreation land dedication. The applicant has submitted a waiver request to reduce the minimum recreational land dedication of an acre to be in proportion to the acreage of the proposed PUD. Pursuant to Section all large scale planned unit developments must include land dedication of one acre or provide a cash payment in lieu for recreation land. The minimum recreation land area dedication is one acre which is based on the minimum size of a PUD of 10 acres. In proportion, the subject 3.4 acre PUD (148,104 square feet) would require 0.34 acres (14,810 square feet) of recreation land dedication. The applicant proposes to pay in lieu of dedicating land for recreation. In the past, waivers were granted 4-15

16 Villa Diamante Staff Report Page 16 to the minimum recreation land dedication required for Clocktower Hammock and Fishermans Wharf residential that were consistent with this methodology. Pursuant to Section (b)(2) the value of the land, to determine the amount for payment in lieu, is determined by two MIA appraisers. However, Town Council has the option to use the developers purchase price, instead of an appraisal, if it is within one year of determination. The applicant recently purchased the property for $1,200,000 in December 2013 according to the Property Appraisers Office website. The payment in lieu is $119,961 (1.2 million purchase price/148,104 square feet of land= $8.10 per square foot x 14,810 square feet of land = 119,961. Therefore, staff is recommending a condition of approval that the Owner provide a payment in lieu of recreation land in the amount of $119,961. The Recreation Director is in support since the applicant provides open space onsite that could be used by the residents of the development for recreation and since the applicant providing a payment in lieu for recreation. Temporary Sales Trailer. The applicant proposes a phasing plan which includes the location of a temporary sales trailer. The applicant proposes to construct the portion of the project adjacent to Old Jupiter Beach Road in Phase I and to construct the back half Phase 2. Pursuant to Section (c) the sales facility must be discontinued and removed when there are fewer than five percent vacant lots/units for construction. Since there are 20 lots proposed, the sales facility and parking would need to be discontinued when there is one lot left to construct. Since the proposed sales facility is located where two lots will be located, there should not be an issue. Staff recommends a condition of approval to ensure that the temporary sales trailer and parking lot is discontinued in accordance with Section (c), entitled Discontinuation of sales facilities. Stormwater. The proposed development is in conformance with Section , entitled Drainage and , entitled Stormwater management requirements. In response to the drainage issues raised by residents along Old Jupiter Beach Road, the drainage statement and plans for the proposed development have been based on meeting the requirements for a 3 day 25 year frequency storm event for calculating the discharge rate from the site. This is the same requirement that the retention area on the south side of Coral Key to the west was required to meet. The drainage issues on the north side of Old Jupiter Beach Road raised in the resident s letter are due to the low elevations of the properties north of Old Jupiter Beach Road. There is an existing stormwater drainage system (pipes and structures) along the north side of Old Jupiter Beach Road which is designed to handle the stormwater runoff from the roadway. This stormwater system goes to a retention pond at the end of Old Jupiter Beach Road to the east. In response to Seagrape Plaza draining into the proposed development, according to existing stormwater lines in Seagrape Plaza there is an existing line that extends to the proposed development. According to the Stormwater Utility Services Manager, Seagrape Plaza has historically drained into the subject property. The applicant s drainage statement and plans do not address any drainage from Seagrape Plaza. Staff is recommending a condition of approval that the drainage statement and plans be revised to incorporate the historical drainage from Seagrape Plaza or provide proof that the system has been plugged and is no longer used. 4-16

17 Villa Diamante Staff Report Page 17 In addition, the Owner of Hutchison Lot 1 located on the west side of the proposed development provided a warranty deed which included a deed restriction on Hutchison Lot 2 which is being incorporated into the proposed project. This deed restriction required that the drainage from Lot 1 be accommodated on lot 2. According to the drainage statement and plans, it does not appear that this has been addressed. Therefore, staff recommends a condition of approval that the drainage statement and plans be revised to address the drainage from Lot 1 of the Hutchison plat. Site plan criteria. Town Code, Section 27-96, contains minimum criteria for review of all development application processed. Upon review of the 12 criteria in Section 27-96, staff finds that the Owner has satisfied 11 of the 12 criteria. The criterion that is not satisfied is: 1. Is the application consistent with all applicable land development regulations and all other portions of the Jupiter Town Code. The applicant has requested waivers to the following code sections that will ensure that the proposed development is in compliance. 1) Section (a), entitled Minimum land area for a large scale planned unit development ; 2) Section , entitled Green space requirement for large scale planned unit development ; 3) Section (a)(3), entitled Recreation land dedication ; 4) Section , entitled Widths related to right-of-way widths; 5) Section , entitled sidewalks 6) Section (7)(b)(6), entitled Regulations related to driveway separation; 7) Section , entitled Area and dimension regulations related to lot size, lot depth, lot coverage, and building setbacks; 8) Section , entitled Swimming pools, spas, patios and screen enclosures Attachments. Exhibit 1 Recommended conditions. Attachment A Location Map Attachment B Statement of Use Attachment C Traffic Statement Attachment D Petition dated 5/29/14 Attachment E Letter from Sanctuary Bay dated 5/30/14 Attachment F Letter from Kevin and Leslie Calhoun dated 5/30/14 V:\Staff\WP51\PROJECTS\Villa Diamante (Old Jupiter Bch Rd)\Staff Report8.doc June 5,

18 Villa Diamante Exhibit 1 1) The owner shall install and maintain all improvements in compliance with the following: a. Site Plan and Details, sheets 1 of 2 and 2 of 2, dated 12/20/13, revised on 05/20/14, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 05/20/14. b. Landscape Plan and Details, sheets 1 of 2 and 2 of 2, dated 12/20/13, revised on 05/20/14, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 05/20/14. c. Model Site Plan, Phasing Plan, Landscape Plan, sheets 1 of 2 and 2 of 2, dated 02/11/14, revised on 05/20/14, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 05/20/14. d. Tree Mitigation Plan, sheets 1 of 1, dated 04/18/14, revised on 05/20/14, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 05/20/14. e. Building Type A, B, C, D, and E: Floor Plans, Roof Plans, Elevations, Wall Sections, Window and Door Details, sheets A1-A5, D1 and D2, E1 and E2, dated 02/08/14, prepared by Specialty Engineering Consultants, Inc., received and dated by the Department of Planning and Zoning on 03/11/14. f. Color elevation renderings, received and dated by the Department of Planning and Zoning on 01/17/14. g. Color chart, received and dated by the Department of Planning and Zoning on 05/02/14. h. Environmental assessment report, dated March 2014, prepared by EW Consultants, Inc., received and dated by the Department of Planning and Zoning on 03/13/14. i. Drainage statement, dated 12/2013, revised on 05/19/14, prepared by Messler and Associates, received and dated by the Department of Planning and Zoning on 05/20/14. j. Preliminary Drainage and Utility Plan, dated 03/2014, revised on 05/19/14, prepared by Messler and Associates, received and dated by the Department of Planning and Zoning on 05/20/14. k. Statement of use, dated 12/20/13, revised on 05/30/14, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 06/02/14. l. Traffic statement, dated 12/19/13, prepared by Kimley-Horn and Associates, Inc., received and dated by the Department of Planning and Zoning on 12/30/13. 2) The uses conducted on the subject property shall conform to the representations in the Statement of Use prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 06/02/14. 3) Any revisions to the site plan, landscape plan, elevations, signs, statement of use or other details submitted as part of the Application, including but not limited to the location of the proposed improvements or additional, revised or deleted colors, materials, or structures, or changes to how the business operates, shall be submitted to the Department of Planning and Zoning (hereinafter the Department) and shall be subject to review and approval. 4) Any condition associated with the submission of final plans shall be subject to the Department s review and approval. 5) The conditions of approval herein shall apply to the Owner, Applicant and their successors and assigns. 6) PUD Waivers. Town Council approval of the following waivers: a. A reduction in the minimum land area for a large scale PUD from 10 acres to 3.4 acres; 4-18

19 Villa Diamante Exhibit 1 b. A reduction in the minimum greenspace from 35% to 25%; c. Reduce the minimum requirements for recreation land dedication from 1 acre to.34 acres; d. A reduction of the right-of-way from 50 to 29 ; e. A reduction of the pedestrian sidewalk from being required on both sides of the right-of-way to one side of the right-of-way; f. A reduction in the driveway separation from 10 to 3 ; g. A reduction of the lot size from 5,500 square feet to 3,926 square feet; h. A reduction of the Lot depth from 100 to 96 ; i. An increase in lot coverage from 35% to 42%; j. A reduction of the front setback to living space from 25 to 15 ; k. A reduction of the front setback to the garage from 25 to 21 ; l. A reduction of the interior side setback from 10 to 7.5 ; m. A reduction of the corner side setback from 25 to 15 ; n. A reduction of the interior side pool setback from 10.5 to 7.5 ; o. A reduction of the corner side pool setback from 18 to 15 ; p. Reduce the rear pool setback from 10.5 to ) Green Building Program. Upon submittal of final plans and prior to the issuance of development permits, the Owner shall revise the Florida Green Building Coalition (FGBC) certification checklist to change the type of certification from silver to gold. 8) Prior to the issuance of the first Certificate of Occupancy, the Owner shall submit an irrevocable letter of credit equating to a minimum of five percent of the total estimated construction cost, as required per the green building program. 9) Within 12 months from the receipt of the last Certificate of Occupancy, the Owner shall receive a gold level certification from Florida Green Building Coalition (FGBC). If a gold level certification has not been received, the Owner shall develop and submit a plan to the Town to achieve certification within 6 months. 10) If a plan is not submitted and a gold level certification is not received, the dollar amount of the irrevocable letter of credit shall be converted into a green building mitigation fee. 11) Site plan. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall revise the site plan as follows: a. Relocate the proposed speed table and crosswalk to the north side of the formal open lawn between both driveways for Diamante Way b. Remove the additional traffic calming device on the northwest corner; c. Add a note that the maximum fence height for the north property line of Lots 1, 10, 11, and 20 along Old Jupiter Beach Road shall not exceed 42 ; d. Show the location of all pedestrian access easements; e. Show the width of the utility easement along the inside of Diamante Way to be five feet wide; f. Add a note stating that screen enclosures structures are not permitted; g. Modify the last column on the right side of the setback matrix table from Screens to Patio. 12) Easements, Plat and agreements. Upon the submission of the final plans, and prior to the issuance of any development permits, the Owner shall provide: a. A land subdivision plat for this project site which includes Lot 2 of the adjoining Hutchison Plat concurrent with the submittal of the engineering plans. The plat shall establish tracts for drainage, retention, right-of-way, lots, common use, as well as easements for drainage, public pedestrian access, utilities, safe sight easements, landscape buffer and access easements. b. A standard street lighting agreement for the proposed street lights along Old Jupiter Beach Road. This agreement shall be between the Town and the project 4-19

20 Villa Diamante Exhibit 1 Home Owners Association (HOA), Should Diamante Way be dedicated to the Town, the agreement would extend to include lighting along this road. c. A pedestrian access easement for the portions of the sidewalks that fall outside of the right-of-way limits. The easement shall extend twelve inches out from the edge of the sidewalks. d. An access easement on the south side of Lot 6 that extends from Diamante Way to the dry retention area for maintenance access. e. A right-of-way maintenance agreement between the Town and HOA for any landscaping, paver brick system, and traffic calming located within public right-ofway, such as is shown in Old Jupiter Beach Road. The agreement will obligate the HOA to maintain these elements in perpetuity. f. A utility easement along Diamante Way for phone, cable, etc. 13) Environmental Preservation. Any vegetation which expires as a result of relocation or of construction activities onsite, shall be replaced with similar species within 30 days in accordance with Sec 26-96(d). 14) Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall contribute $6,500 for tree mitigation. 15) Architecture. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall revise the elevations as follows: a. Modify the size of the shutters so that the width of both shutters equals the width of the window opening. b. Continue the base wall and raised band provided along the garage elevation along the side elevation to the main entry. c. Provide construction details of the following architectural elements: 1) Windows and surrounds, including lintels and sills; 2) Corbels and brackets; 3) Medallions, shutters, railings, and beso barrel details; 4) Piers to include a base and cap; 5) Trellis above garage. d. Provide more differentiation between the two building types to include the following: 1) Adjust the spacing of the corbels so that they appear to be structural rafters; 2) Remove the corbels entirely from one of the building types and increase the width of the cornice line; 3) Modify the shutter type so that there are two different shutter details for each building; 4) Modify the lighting types to provide two different light styles for each building. e. Provide an arbor or trellis feature at the entry walkway leading to the side loaded entries. Provide an elevation and detail of the trellis feature and ensure it is consistent with the architectural style of the building; f. Provide another accent color for the shutters; g. Provide another body color to be used on one of the building types. 16) Recreation Land Dedication. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall contribute $119,961 as payment in lieu of dedication of land for recreation. 17) The temporary sales trailer and parking lot shall be discontinued in accordance with Section (c), entitled Discontinuation of sales facilities. 18) Stormwater. Upon submittal of final plans and prior to the issuance of any development permits, the Owner shall revise the drainage statement and plans to address historical 4-20

21 Villa Diamante Exhibit 1 drainage from Seagrape Plaza and drainage from Lot 1 of the Hutchison Plat. If the applicant provides proof that the stormwater system from Seagrape plaza has been plugged and is no longer in use, Seagrape Plaza shall not be required to be included. 19) Miscellaneous. The placement of any type of vending machines or units which dispense food, beverages, candy, merchandise, products, goods, handbills, or advertising magazines outside the confines of the principal structure on the exterior portions of the subject property within public view, is prohibited. 4-21

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23 Attachment B Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane Suite 1 Jupiter, Florida Ph Fax Lic # LC-C Villa Diamante (f.k.a. Old Jupiter Beach Road) Large Scale PUD and Site Plan Review Statement of Use RECEIVED JUNE 2, 2014 PLANNING & ZONING REQUEST On behalf of the Applicant, Kennedy Homes LLC, we are requesting approval of a Large Scale Planned Unit Development (PUD) and Site Plan Review for the project known as Villa Diamante (f.k.a Old Jupiter Beach Road). The applicant is proposing to amend the currently approved site plan to allow for a new housing product, zero lot line duplex, and to increase the total number of units. The applicant is also proposing for this community to meet the green building program standards of the Town, Silver level certification (the Florida Green Building Coalition). In contrast to the 2007 approved Site Plan (See Attachment 1), the applicant proposed a sustainable design with an attractive Rustic Mediterranean architectural style and a large green area that faces Old Jupiter Beach Road, creating an inviting open space for future residents to gather and enjoy the community. Although the proposed use development is permitted-by-right exactly the way it is currently designed as a condominium ownership, the applicant is proposing to develop these homes as fee simple individual lots, promoting a greater socio-economic return to future homeowners in the form of tax, security, and the ability to retain possession of the property permanently. In addition, the fee simple ownership shall both maintain and increase the value of adjacent residential properties as land owners tend to maintain and invest in the land that they own. The +/-3.40 acre property is an infill site located 0.15 miles east of N. Alternate A1A and south of Old Jupiter Beach Road. It is within the R3 Limited Multifamily zoning district with a future land use designation of High Density Residential. In accordance with the Comprehensive Plan future land use element, the maximum density is six (6) units per acre or 20 dwelling units. The proposed residential development offers a great transition from the commercial uses to the east and south of the site to the low and medium density residential composed mostly of single family homes located to the north and to the west of the site (See Attachment 2). PROJECT CONTACT Agent/Planner - Cotleur & Hearing, Inc. Alessandria Palmer / Melissa Kostelia 1934 Commerce Lane, Suite 1 Jupiter, FL Phone: (561) x 109 (Ali) or x 114 (Melissa) apalmer@cotleur-hearing.com / mkostelia@cotleur-hearing.com 4-23

24 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 BACKGROUND March Administrative site plan approval for 20 townhomes units. January Senate Bill st two (2) year time extension to the 2007 approved site plan. The Extension was approved on January 11, 2010 and it was valid until March 27, March Senate Bill nd two (2) year time extension to the 2007 approved site plan. The extension was approved on Mach 14, 2011 and it was valid until March 27, March The Town of Jupiter reinstated the High Density residential future land use designation assigned to the subject property. The reinstatement of the Future Land Use designation re-established consistency with the 2007 approved site plan and traffic concurrency. December 2012 New administrative site plan approval for a less intensive development that proposed eight single-family units. NEIGHBORHOOD MEETINGS Cotleur & Hearing, Inc met with the residents that live along Old Jupiter Beach Road on April 30, The overall reception of the design was very welcoming. The residents thought the homes were beautiful and a great addition to their community. They also expressed that the project will add value to their properties and dress up an area of the street that is currently vacant. The residents were very pleased with the new design elements along the street and the elements incorporated into the architecture. The landscape was also a big hit with the residents. One of the concerns brought up in the meeting was the intersection of Old Jupiter Beach Road and Alternate A-1-A, specifically the difficultly of making a left hand turn onto Alternate A-1-A to head south towards Indiantown Road. We have been in contact with the Town of Jupiter engineering and traffic department to find a solution that would be suitable to all the parties involved. Traffic calming on Old Jupiter Beach Road was also discussed, but some residents did not think speed bumps would be warranted and others were not opposed. Another concern was regarding construction, in particular where the construction vehicles will be parked. We assured the residents that all construction vehicles will be located on site. Overall, the residents are not opposed to it; they wanted to voice their main concern regarding the traffic and possible signalization at the intersection of Old Jupiter Beach Road and Alternate A-1-A. INFILL RESIDENTIAL SITE The subject property is an infill residential site located on the east side of the Town, close to where some of the historic pioneers first developed in Jupiter. There is development on all sides of the property. It is accessible to existing infrastructure and within walking distance to shopping centers. The High Density Residential community also spatially separates the low and medium density residential areas from the commercial properties to the south and east. These neighboring properties to the south are commercial shopping centers with a C2 General Commercial zoning district and part of the Indiantown Road Overlay Zoning District (IOZ) Alternate A1A and Parkway subdistricts. The properties to the north and west have a future land use designation of low and medium density residential and zoned single family (R-1) and limited multifamily (R-3), respectively. As an infill site, this development meets most of the Town of Jupiter Comprehensive Plan Infill Development Policies, specifically Policy where this development proposed to provide a visual

25 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 continuity from adjacent properties through the application of sound architectural design and landscape principles. It is consistent with the future character of the neighborhood and adjacent commercial use. SITE PROGRAM The applicant is requesting site plan review for the approval of 20 duplex units. The site plan has been designed with two access points from Old Jupiter Beach Road with a u shaped roadway (Diamante Way) that links the two entry points. Each lot fronts Diamante Way and can be accessed by vehicles and pedestrians in this orientation. Continuous pedestrian access has been provided from Old Jupiter Beach Road following the inside of Diamante Way. Additional sidewalks have been provided in between the units running east and west in the center of the PUD; these sidewalks may also provide access to the side entry units. The sidewalks are lit with bollards for safety purposes. The entry points into the community, as well as all of the crosswalks and vehicular driveways have been proposed with pavers for a residential feel as well as for traffic calming purposes. Benches, trash receptacles and a bike rack are strategically placed throughout the site. The lots have been designed to begin at the back of the sidewalk or curb to the rear landscape buffer, and also include a backyard with the option of a pool. The lot depths range from 96 feet to 115 feet depending on the location of the lot along Diamante Way. The minimum lot size proposed is 3,926 SF. Most lots will require waivers for lot size, depth, lot coverage and setbacks. The homeowners have four pool design options as shown on the site plan. A screen to the back patio under the roof may be added if desired by the homeowner. The pool will require setback waivers consistent with the waivers for the main structure. ARCHITECTURE The applicant has provided architectural drawings suggesting a Rustic Mediterranean style with some Mission style components. The idea was to provide a unit that resembled a small villa similar to those found in the mountainside along the coast of Italy. The units have been designed with a barrel roof tile as well as heavy timber brackets, stone windowsills, decorative railings on second floor balconies, decorative medallions and arched windows. An 8 Mediterranean style trellis has been added to provide as an entryway to the units with a side entry so that it is clear where this point of access is located. They trellises are located along Old Jupiter Beach Road. Although the units are a duplex product they are very spacious with a minimum of 2,162 SF under air, not including the garage area or covered lanai and patio. This size of a unit is comparable to a small house in other neighborhoods within the Town. The units are two stories with four bedrooms and three bedrooms with a loft. In addition, lot owner shall have the option to screen the back patio under the roof. Elevations from each side (four) have been provided. LARGE SCALE PLANNED UNIT DEVELOPMENT (PUD) Article VIII The proposed development is a +/-3.40 AC infill residential site that per the Town s code should be considered under the small scale PUD with no waivers. However, since the applicant is requesting to develop these houses as fee simple individual lot ownership, some waivers are being requested to

26 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 ensure this type of development comes to fruition. Among some of the waivers, lot size and lot depth are not allowed to be requested under the small scale PUD and, as such, this development must be reviewed under the large scale PUD and be subject to all the zoning standard criteria associated with this review. In today s economy, fee simple ownership is a lot more conducive to the current real estate market by promoting a greater socio-economic return to future homeowners in the form of tax benefits, security, and the ability to retain possession of the property permanently while maintaining and increasing the value of adjacent residential properties as land owners tend to maintain and invest in the land that they own. In addition, per Sec of the Code, the proposed fee simple ownership development is consistent with both the Town s Comprehensive Plan and subdivision and land development regulations. SEC WAIVER OF STANDARD ZONING REGULATIONS It is important to note that 12 of the 14 waivers requested below are permitted under the small scale PUD sections. The minimum lot size and lot depth are the only two waivers not allowed as part of the small scale PUD, causing the application to be reviewed under the large scale PUD process in its place. In addition, the applicant is proposing to build a Silver Certification residential development under the Florida Green Building Coalition, Inc. standard and, as per Sec (2) of the Code one of the purpose and intent of the Green Building Program is to provide for waivers from zoning regulations commensurate with the amount of green building standards incorporated into buildings associated with new development, redevelopment and infill projects which achieve green building certification utilizing standards for green developments from either the Florida Green Building Coalition, Inc. ("FGBC") or the U.S. Green Building Council ("USGBC"). As part of the large scale planned unit development application review and the waiver criteria for planned unit development regulations, the application is requesting the following waivers: Waiver # Code Description Requirement Proposal Deviation Section Right of Way 50 feet 29 feet 21 feet Lot Size 5,500 SF 3,926 SF 1,574 SF Lot Depth 100 feet 96 feet 4 feet Front Setback Primary 25 feet 15 feet 10 feet Front Setback Garage 25 feet 21 feet 4 feet Side Setback 10 feet 7.5 feet 2.4 feet Side Corner Setback 25 feet 15 feet 10 feet Lot Coverage 35% 42% 7% Pool Side / Corner / Rear Setback 10.5 / 18 / 10.5 feet 7.5 / 15 / 7.5 feet 3 / 3 /3 feet Sidewalk Both sides of road One side of road One sidewalk Min. Land Area for Large Scale PUD 10 acres 3.4 acres 6.6 acres

27 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, Driveway separation 10 feet 3 feet 7 feet Greenspace 35 percent 25.4 percent 9.6 percent Recreation Land Dedication 1 acre 0.34 acre 0.66 acre 1. Right of Way Width, per Section , the required right of way for a cul-de-sac, road and street is a minimum of 50 feet. Due to the proposed sale of these units as fee simple individual lot ownership, the applicant is requesting a 29 foot private right of way composed of 24 foot drive isle and the five foot sidewalk, which meet land development regulations and are a more suitable green alternative for this subdivision. A 50-foot right of way width cannot be provided in such a small parcel of land as would take away from the other benefits of the community such as open space, private backyard, and utility easements. 2. Lot Size, per Section , the required lot size in the R-3 zoning district is a minimum of 5,500 square feet per unit for a duplex or zero lot line single-family lot. As showing on the table below, lot 16 is the smallest lot with 3,926 SF and lots 1 and 20 are above the minimum 5,500 SF requirement. The applicant is requesting a 1,574 SF waiver. LOT No. LOT SIZE 16 & 17 3,926 SF to 4,000 SF 3, 4, 5, 8,9, 10, 11, 12, 13, 14, 18 & 19 4,000 SF to 4,999 SF 2, 6, 7 & 15 5,000 SF to 5,499 SF 1 & 20 5,500 SF 3. Lot Depth, per Section , the minimum required lot depth in the R-3 zoning district is 100 feet. Due to the U shape of the proposed right of way, only the five (5) lots located on the east side of the property do not meet the 100 feet requirement. The smallest lot is lot-16 with a 96 foot lot depth. 4. Front Setbacks for Primary Structure (living space), per Section , the minimum required front setback in the R-3 zoning district is 25 feet. The applicant is proposing a 15 foot setback to the primary structure from the proposed private right of way for all of the lots in the PUD. It is important to note that all the buildings are in accordance with a 25-foot setback from the Old Jupiter Beach Road right of way. 5. Front Setbacks for Garage Structure, per Section , the minimum required front setback for garages in the R-3 zoning district is 25 feet. Ten (10) of the twenty (20) lots meet the minimum 25 feet requirement while the other ten (10) are proposed with 21 feet setbacks

28 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, Side Setback, per Section , the minimum required side setback in the R-3 zoning district is 10 feet. The applicant is proposing a 7.5 feet side setback on all the lots. Please note that a zero foot setback is provided on the zero lot line side of the duplex, as permitted by the code. 7. Side Corner Setback, per Section , the minimum required side corner setback in the R-3 zoning district is 25 feet. As showing in the table below, lots 1, 6, 15 and 20 are the four (4) corner lots in the PUD of which only lots 6 and 15 are proposed to have a minimum of 15 feet side corner setback. The applicant is requesting a 10 foot waiver. LOT No. REQUIRED SIZE CORNER SETBACK PROPOSED SIZE CORNER SETBACK Lot Coverage, per Section , the maximum lot coverage is 35%. Although the PUD as a whole is meeting this requirement at 21.09%, the individual lots are not meeting the required 35% lot coverage. This is directly related to the waivers required for the smaller lot size and setbacks. As showing on the table below there are six (6) lots that do not meet the maximum lot coverage by 7%. The applicant is requesting a 7% waiver. LOT No. REQUIRED MAX. LOT COVERAGE PROPOSED LOT COVERAGE 8 35% 41% 9 35% 41% 12 35% 41% 13 35% 41% 18 35% 42% 19 35% 42% 9. Pool Side/Side Corner and Rear Setbacks, per Section , the required setbacks are 10.5 feet to the side interior, 18 feet to a side corner, 10.5 feet for the rear setback, and 0-feet for zero lot setbacks. To be consistent with the above mentioned waivers for the primary structure setbacks, the applicant is requesting for pool setbacks waivers that are proportionate to the size of the home and the lot. The applicant is proposing a 7.5 feet setback for the side interior, a 15 feet for the side corner, 7.5 feet for the rear setback, and 3 feet for zero lot setback. Per Sec (1) (c) (1-4) as part of an approved Planned Unit Development, reduced setbacks for an accessory pool/spa shall not be permitted unless the property owner submit the following documentation during building permit: 1. A survey showing the location of the swimming pool and/or spa;

29 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 Response: During the building permit process, individual lot owner shall submit a survey with the permit plans and application, as required. 2. A topographic survey that demonstrates that the proposed screen enclosure or patio maintains drainage on site and that the property has 50 percent impervious area or less; 3. If a property has more than 50 percent impervious area, the owner shall submit a document indicating the approval from the applicable drainage authority (or authorities) and the Town's Utility Director, and submit a grading and drainage plan prepared by a State of Florida licensed professional engineer demonstrating that the increase in impervious area does not cause any negative off-site impact; Response: 80 percent is the maximum amount of impervious area to be located in the individual lots. However, the applicant is providing percent impervious area over the entire site. It has been determined that 80 percent impervious area within in each lot would not cause negative off-site impacts. The impervious area includes, but not limited to, building lot coverage, driveways, sidewalks, patios and a pool. Please review drainage statement and grading and drainage plans prepared by Messler and Associates. 10. Sidewalks, per Section , are required on both sides of all local and collector streets. Due to the size constraints of the site the applicant is proposing to provide only one sidewalk along Diamante Way. It is important to note that if the applicant were to propose this community as a condo, and the right-of-way was not publicly dedicated, there would be no requirement for sidewalk along the drive. 11. Minimum Land Area for a Large Scale PUD - Section (a) (b) (1-6) a) A minimum land area of ten contiguous acres is required for a site to qualify for a planned unit development. Response: The proposed subject property is +/- 3.4 acres. b) The minimum land area requirement for a planned unit development may be waived by the Town Council if the parcel in question has unique characteristics such as, but not limited to, the following: 1. Significant topographic change. 2. Significant trees or wooded areas, wetlands or poor soil conditions on portions of the property. 3. Water courses or utility easements crossing the parcel. Response: Items 1-3 are not applicable. 4. Unusual shape or proportions. Response: The PUD overlay allows for flexibility and innovative design. The applicant is utilizing high quality architecture, two large open spaces, decorative pavers, columns and street edge elements to enhance the development. The unique shape of the subject site requires the detention area to be located on the

30 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 south west corner of the site. The remainder of the subject site is only 470 feet wide and contains the residential lots and a 29 foot designated u shaped Diamante Way. The proposed site plan is the most efficient layout; however the design requires waivers which are only permitted under the large scale PUD. 5. Isolation from other undeveloped or developable lands. Response: This is an infill residential site with development on all boundaries and is separate from other developable lands. The subject site is also rather large compared to the other surrounding residential lots which are one acre or less in size. The +/ AC along with the R-3 zoning district allows for single family (duplex) unit type, which provides for the right transition between the single family lots to the north and the commercial uses to the south. 6. Other unique physical characteristics, as may be determined to be appropriate by the Town Council. Response: The only reason the applicant is proposing a PUD is to provide fee simple lots, in which these lots require waivers from the code. None of these waivers would be required if these were condo units. The applicant has extensive experience in the sale market of duplex units in this region. Financing for condo is still extremely difficult to obtain, if offered at all. Therefore, these units must be fee simple financed. 12. Driveway separation, per Section , for duplex units, driveways must have a minimum separation of 10 feet. This separation is typically achieved when the units are designed with the driveways located on the opposite ends of the building. The applicant is proposing the garages/driveways in the middle of the building with a 3 feet separation to provide for continuous greenspace in the fronts of the units. This area has been enhanced with pink bougainvillea standards, Italian cypress and a Sylvester Date Palms, as shown on landscape plan. Each garage unit has been designed to fit two (2) cars with a minimum of a 16 garage door and, as such, each driveway unit has been designed to match the garage door dimensions. In addition, the narrow driveway supports the green site design criteria while enhancing the esthetics of the architecture and landscape. In addition, it is commons in other communities to have a 16 driveway and accommodate two cars side by side. 13. Greenspace, per Section (b) (1), the required greenspace in a residential PUD is 35 percent. The applicant is providing 25.4 percent within the common areas, landscape buffers and dry detention area. The landscape buffer within the residential lots is included in this 25.4 percentage; however the remaining greenspace within the residential lots is not included. The minimum amount of greenspace in a residential lot shall be 20% and the maximum amount of impervious area including, but not limited to, building lot coverage, driveways, sidewalks, patios and a pool shall be 80%. It is important to note, that there is percent of greenspace within the overall site, which is above the minimum code requirement

31 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, Recreation Land Dedication, per Section all approved large scale PUDs shall include land dedication or a cash payment in lieu for public parks or recreation. The applicant request a 0.66 AC waiver to be incompliance with the Code. (a)(1-5) If recreation land dedication is desired by the Town as appropriate, such land dedication shall be based on the projected population characteristics of the proposed planned unit development (see planned unit development application requirements for methodology parameters) and the standards for recreation land area in Table 1. Response: N/A (b)(1-3) In lieu of the appraisal method, the value of the land, at the option of the Town Council, may be determined by the total purchase price paid by the developer or to be paid by the developer as a contract vendee for the land as a bona fide purchaser. The sale of the land shall be within one year of the date of determination. The amount of money due from the developer shall be paid as provided above. Response: Per this requirements, the applicant is requesting to pay in lieu of the required recreation land dedication. Per code, the minimum recreation land dedication for a large scale PUD is one (1) acre and, based on the Town of Jupiter proportion share calculations of 3.4 AC, the applicant is responsible for.34 acre of land dedication, which equates to $119,961 paid to the Town of Jupiter and to be utilized on off-site recreation sites specified by the Town. The applicant is requesting a 0.66 AC waiver. (c)the Town Council may waive the requirement to dedicate recreation land or make a payment in lieu of dedication of such land when a planned unit development developer executes a development agreement with the Town to provide affordable housing units, as defined in the Town's comprehensive plan. Response: N/A PUBLIC BENEFITS Per Sec (c), public benefits of a large scale planned unit development are intended to include the ability of the applicant and the Town to utilize a variety of architectural solutions; provide for the preservation of natural features and scenic areas; reduce land utilization for roads; connect vehicular and pedestrian circulations systems; allow for the meaningful integration of green space and recreation areas; and establish neighborhood identity and focus. The following public benefits are being proposed with the intent to address all of the public benefit intents above mentioned: 1. Florida Green Building Coalition Silver Level Building Certification The applicant is applying for Silver Certification from the Florida Green Building Coalition (FGBC) in all categories of energy consumption, water consumption, lot choice, site design, public health, materials, and disaster mitigation among other green techniques. The applicant has an FGBC Home Score of 132 which exceeds the Silver Certification score of 100. Some of the direct benefits of this development to the surrounding communities are the conservation of water resources, the management of waste and storm water, and the maintenance of an affordable and reliable energy source. In addition, Green construction utilizes less water and produces less

32 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 air pollution than a standard development, minimizes the runoff sediments from the construction site, and minimizes the maintenance of pervious surface areas. The proposed development promotes the Green initiatives of the Town of Jupiter and environmentally friendly communities while improving the quality of life not only of the futures residents of this community, but of the surrounding areas as well. Please refer to the Green Building Check List for all of the green techniques for the subject site as well as a statement from the green consultant addressing the Division 40 criteria provided as part of this application. An additional benefit to Town and the community is the assurance of the development through the mandate fees associated as part of becoming a Green residential community. Pursuant to Section , Green Building Program, the applicants agrees to submit an irrevocable letter of credit equating to a minimum of five percent of the total estimated construction cost, prior to the issuance of the first Certificate of Occupancy; within 12 months from the receipt of a Certificate of Occupancy, the Owner shall receive a silver level certification from Florida Green Building Coalition (FGBC). If a silver level certification has not been received, the Owner shall develop and submit a plan to the Town to achieve certification within 6 months; and if a plan is not submitted and a silver level certification is not received, the dollar amount of the irrevocable letter of credit shall be converted into a green building mitigation fee. 2. Traffic Calming As part of the public benefit criteria, the applicant is proposing to add two speed table and crosswalk on the northeast and northwest corners of Old Jupiter Beach Road. Traffic calming in residential communities increase road safety, increase neighborhood interaction, reduce environmental impact, increase good pedestrian behaviors, and raise property values. Traffic calming allows Green residential communities such as the one proposed herein to become more sustainable and pedestrian friendly by promoting alternative modes of transportation. 3. Green Open Space Although it is not open to the public, the applicant is proposing to allocate +/- 10,000 SF of open green space identified on the site plan as Formal Lawn for the residents of the proposed PUD. Along with a Rustic Mediterranean architectural style and sustainable landscape design, this unique green space is proposed to be located facing Old Jupiter Beach Road portraying a visual continuity from adjacent properties while providing a pleasant and less intrusive walk/bike experience for all the residents in the community. 4. Infill Site Per the Town of Jupiter Comprehensive Plan, Infill Residential development is encouraged and desirable on sites such as the one proposed herein. Currently, there is development on all sides of the property, it is accessible to existing infrastructure, and it is within walking distance to shopping centers. The proposed high residential development serves, on the human scale, as a buffer from the adjacent commercial uses, while spatially separating the low and medium residential communities to the north and west from the commercial uses (C2 General Commercial and the IOZ Alternate A1A and Parkway subdistricts) located to the east and south. As mentioned before, as an infill site, this development meets most of the Town of Jupiter

33 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 Comprehensive Plan Infill Development Policies, specifically Policy , where this development proposed to provide a visual continuity from adjacent properties through the application of sound architectural design and landscape principles. It is consistent with the future character of the neighborhood and adjacent commercial use. SEC CRITERIA FOR SITE PLAN REVIEW. The following criteria are required for the site plan review process. The applicant believes that all criterions have been addressed. (1) The proposed development is consistent with the goals, objectives and policies of the Town of Jupiter Comprehensive Plan. Response: The project is consistent with the Town s Comprehensive plan. The proposed development is consistent with the infill and redevelopment goals and objectives of the plan as well as the housing goals and green building incentives. (2) The proposed development is consistent with any applicable, countywide land development regulations. Response: The project is consistent with all the applicable countywide land development regulations and will abide by any other permitting or licensing regulations by the county. The proposed entitlement has been analyzed through the Palm Beach County traffic performance calculations and meets the criteria. (3) The proposed development is consistent with all applicable land development regulations and all other portions of this Code. Response: The project is consistent with most sections of the zoning code including open space, green space, drainage, parking, and landscape. As discussed several waivers are required for the lot dimensions and setbacks however these waivers are only required because the applicant is proposing fee simple lots. If the community were to be a condominium as permitted by the code, the waivers would not be required. (4) The proposed development is compatible and/or consistent with the established or proposed character of a neighborhood or area. Response: The proposed development is compatible with the surrounding residential uses. There is residential use to the north, east and west. There are commercial centers to the south in which this property will serve as a buffer to the surrounding single-family homes. (5) The proposed development does not create or excessively increase traffic congestion or otherwise affect public safety

34 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 Response: The proposed community will not excessively increase traffic or adversely affect public safety. (6) There are adequate levels of service for public facilities, including, but not limited to, transportation, water supply, drainage and sanitation, available concurrent with the impacts of the development proposed by the application. Response: There are adequate levels of service for transportation, water, drainage and sanitation in the immediate vicinity from the County, the Town, and Loxahatchee River District. (7) The proposed development does not significantly reduce light and air to adjacent properties. Response: The proposed development does not reduce light or air to adjacent properties. (8) The proposed development does not adversely affect property values in adjacent areas. Response: The proposed development will have a positive effect on the adjacent areas as the proposed fee simple ownership maintains and increases the value of surrounding residential properties. As an infill residential community, the proposed development serves as a buffer between the low and medium residential communities to the north and west from the commercial uses to the east and south. In addition, the proposed green building initiatives promote environment and pedestrian friendly communities while increasing the quality of life of all residents of surrounding areas. (9) The proposed development would not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. Response: As discussed above, the applicant believes that the proposed development will assist and provide incentive for other infill and redevelopment in the Town, possibly on the same street. (10) The proposed development does not create noise or visual pollution. Response: The development is residential in nature and will not omit noise or visual pollution as a result of this use. (11) The proposed development does not negatively impact adjacent natural systems or public facilities, such as parks. Response: There are no natural systems that will be affected by this proposed use. (12) The proposed development provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking. Response: The proposed site plan has incorporated seating, bike racks, and trash receptacles

35 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 CONCLUSION The Applicant s request for a Large Scale PUD and Site Plan Review and approval is consistent with the goals, policies, and objectives of the Town of Jupiter Comprehensive Plan, Zoning Regulations. The Applicant is anxious to work closely with Staff to understand any issues that might arise as a result of the review of this application and are available to answer any questions that might arise due to that review

36 Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 ATTACHMENT

37 Attachment B Villa Diamante PUD and SPR Statement of Use December 20, 2013 Revised March 11, 2014 Revised May 30, 2014 ATTACHMENT

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