Board of County Commissioners County Administrator Warren H. Newell, Chairman Robert Weisman Carol A. Roberts, Vice Chair Karen T. Marcus Department of Planning, Zoning & Building Mary McCarty 100 Australian Avenue Burt Aaronson West Palm Beach, FL 33406 Tony Masilotti Phone: 561-233-5200 Addie L. Greene Fax: 561-233-5165 Petition No.: PDD/TDR2001-059 Petitioner: MI Homes Owner: MI Homes Agent: Chip Bryan Telephone No.: (561) 391-7871 Project Manager: Maryann Kwok, Senior Planner Location: Southeast corner of Lake Ida Road and Hagen Ranch Road (Bethesda PUD). Title: Official Zoning Map Amendment to a Planned Development District (PDD). Request: Rezoning from Agricultural Residential (AR) to Residential Planned Unit Development (PUD) Zoning District. Title: Transfer of Development Rights. Request: To allow transfer of 25 units and designate the site as the receiving area. PETITION SUMMARY: Proposed is the rezoning of a 23.1 acre parcel from Agricultural Residential to Planned Unit Development zoning district. The petition is also the subject of a Transfer of Development Rights (TDR) application. The TDR request is for an additional of 25 units allowed by the Low Residential 1 (LR-1) Future Land Use Map designation. With the TDR request, the PUD will have a total of 48 single-family units at an overall density of 2 du/acre. Access to the site will remain from Lake Ida Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined the site is in the Urban/Suburban Tier, and east of the Florida Turnpike; therefore it qualifies as a receiving area for TDRs, and the petitioner may request up to 3 TDR units per acre. Planning staff has also determined the proposed request for 48 units exceeds the maximum standard density. The maximum units are calculated as follows: 23.15 acres X 4 du/ac = 92 units maximum with a full TDR purchase 23.15 acres X 1 du/ac = 23 units without TDRs Contingent upon the BCC approval on April 25, 2002, the proposal would be consistent with the LR-1 land use designation, and the TDR density provisions of the Palm Beach County Comprehensive Plan. Planning staff also indicated that the project does not further policies in the Comprehensive Plan, which encourage interconnectivity between sites, promote traffic dispersal amongst adjacent arterial roadways, and promote sustainable design. Planning staff recommends Condition H.3 to require the revision of the plan to show vehicular and pedestrian connection to Hagen Ranch Road. See Planning Division for additional information. o Surrounding Land Uses To the north is the Huntington Walk Planned Unit Development with 307 single-family homes. South of the site is the Antiquers Aerodrome subdivision with 37 lots. East of the site is a parcel with a Low Residential 1 future land use designation, and is currently being used as a horse pasture. West, across Hagen Ranch Road, are single-family homes.
o Traffic The Palm Beach County Engineering Department estimates that the request will generate 480 trips per day. o Landscape/Buffering Perimeter buffering for TDR projects is determined by site design, proposed building type and density compared with adjacent lands. Since the PUD with its 25 TDR units will be developed under one single pod, staff recommends TDR buffers be provided along the entire perimeter of the PUD. Where the pod is adjacent to a geographical feature such as road right-of-way, water body, open space greater or equal to eighty (80) feet in width, a PUD incompatibility buffer pursuant to Section 7.3 of the ULDC may replace the TDR buffers. Staff has determined that only the south perimeter of the PUD would require a minimum thirty-five foot wide buffer, and a thirty-foot wide buffer along the east property line of the site. o Exemplary Projects - Flexible Regulations The petitioner is requesting the following deviation from development regulations: Property Development Regulations Approved Administrative Deviations/Flexible Regulations Code Admin. Deviation (10% max.) Lot Coverage, single family 4 0 % Flexible Regs (20% max.) 44% - 1 0 % Proposed Reduction/ Increase Section 6.8.A.4 of the ULDC allow PUD applications to apply for flexible regulations and minor deviations from the property development regulations (i.e. minimum lot size and dimensions, setbacks, building coverage, etc.). The intent of these provisions is to provide incentives for creative design. The petitioner has demonstrated exemplary standards for the PUD by: a. vertical and horizontal design elements as focal points and to be located at main entrance, at roundabout area and the adjacent open space; b. utilized perimeter water bodies and buffers to minimize potential impacts on the adjacent residential uses; c. upgraded landscaping within the perimeter buffers; and, d. no back-to back lots. o Signs The petitioner is requesting a pair of monument signs at the Lake Ida Road main entrance, Staff recommends that the entrance wall sign be limited to of six feet in height and a total of sixty square feet sign face area.
TABULAR DATA EXISTING/APPROVED PROPOSED Property Control Number: 00-42-46-16-00-000-1020 00-42-46-16-00-000-1040 00-42-46-16-00-000-1050 00-42-46-16-00-000-1060 00-42-46-16-00-000-1070 Same Land Use Designation: Low Residential 1 (LR 1) Same Zoning District: Agricultural Residential (AR) Residential Planned Unit Development (PUD) Use: Vacant Residential Acreage: 23.1 acres Same Dwelling Units: 0 48 single family units including 25 TDR units Density: 0 2.07 units/acre Access: None Lake Ida Road PUBLIC COMMENT SUMMARY: At time of publication, staff had received no letters in support and three letters in opposition to the request. The comments generally indicate traffic congestion in the area. RECOMMENDATION: Staff recommends approval of the request, subject to 38 conditions as indicated in Exhibit C and 7 conditions as indicated in Exhibit C.1. MOTION: To recommend approval of the request for an Official Zoning Map Amendment to a Planned Development District rezoning from Agricultural Residential (AR) to Residential Planned Unit Development (PUD). MOTION: To recommend approval of the request for a Transfer of Development Rights to allow transfer of 25 units and designate the site as the receiving area.
PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 1 (LR-1) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from Agricultural Residential (AR) to Planned Unit Development (PUD), the purchase of Transfer of Development Rights (TDRs) for 25 units, and the designation of the site as a receiving area for the TDR units, in order to construct a total of 48 units on the site. According to FLU Policy 2.6-g, an applicant may request up to 3 TDR units per acre, in the area east of the Florida Turnpike (66-LU). The site is in the Urban/Suburban Tier, and east of the Florida Turnpike; therefore it qualifies as a receiving area. The applicant has requested approximately 1 additional TDR unit per acre. The maximum units are calculated as follows: 23.15 acres X 4 du/ac = 92 units maximum with a full TDR purchase 23.15 acres X 1 du/ac = 23 units without TDRs The proposed request for 48 units exceeds the maximum (standard) density. The Plan does permit a maximum of 92 units with the maximum amount of requested TDR units on the LR-1 parcel. However, according to Section 6.8 of the ULDC, in order to achieve the PUD maximum, including the additional TDR units, the project must be exemplary. The Zoning Division addresses the project's compliance with exemplary design. According to FLU Policy 2.6-I (67-LU), the TDR price is determined by the Board of County Commissioners (BCC). As part of the 2000 Annual TDR Report, the BCC established a price of $10,399 per TDR unit. The TRANSFER OF DEVELOPMENT RIGHTS (TDR) SUPPLEMENTAL APPLICATION reflects this purchase price. Contingent upon BCC approval, the proposal qualifies for designation as a TDR Receiving Area and would be consistent with the LR-1 land use designation and TDR density provisions of the Palm Beach County Comprehensive Plan. The applicant's certified site plan was reviewed for consistency with policies from the FLU and Transportation Elements (TE) that encourage vehicular and pedestrian interconnectivity between sites, discourage the use of loop roads and dead end streets in favor of through streets, and promote traffic dispersal amongst adjacent arterial roadways, including FLU Policy 4.3-g (76-LU), TE Policy 1.4-g (33-TE), TE Policy 1.4-h (33-TE), TE Policy 1.4-i (33-TE), and TE Policy 1.9-j (41-TE). To comply with these policies, staff met with the applicant and requested stub streets for pedestrian and vehicular access between the subject site and the vacant undeveloped parcels to the east of the site. Staff also discussed minimizing the amount of cul-de-sacs on the site and connecting up the cul-de-sacs to Lake Ida Road and Hagen Ranch Road to disperse traffic from the site more thoroughly, and enhance internal vehicular and pedestrian connectivity and circulation. The site provides access to only one arterial adjacent to the community (Lake Ida Road). Although the site is adjacent to Hagen Ranch Road, there is no access being provided to Hagen Ranch Road either directly or from Skyline Drive. Staff met with the applicant to discuss redesigning the site plan to address the above policies and the applicant opted to not make the requested revisions to the site plan. Therefore, staff has determined the proposed request does not further the intent of policies in the Comprehensive Plan that encourage connectivity between similar/complimentary uses. As such, staff has conditioned the request to require the above mentioned pedestrian/vehicular connections.
The applicant s certified site plan was also reviewed for consistency with FLU Policy 4.3-i (76-LU) that promotes the functional and centralized placement of open spaces and establishing pedestrian linkages in order to obtain sustainable design. To comply with this policy, staff met with the applicant and encouraged possible design alterations to the site plan such as providing a walkway system around the lakes in the project. The applicant has opted to not make any of these suggested design alterations to the site plan. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: None SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: Contingent upon BCC approval of the TDR application, the proposal qualifies for designation as a TDR Receiving Area and is consistent with the LR-1 designation and TDR density provisions of the Comprehensive Plan. The Planning Division recommends a price of $10,399 per TDR unit. It should be noted that the project does not further policies in the Comprehensive Plan that encourage interconnectivity between sites, promote traffic dispersal amongst adjacent arterial roadways, discourage the use of dead end streets in favor of through streets, and promote sustainable design. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project is 480 trips/day. TRAFFIC Lake Ida Road SEGMENT: Project Entrance - Jog Road PRESENT: HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 384 TOTAL: PRESENT CAPACITY AT LEVEL OF SERVICE "D": 14,900 PRESENT LANEAGE: 2 Lane PALM BEACH COUNTY PUBLIC HEALTH UNIT COMMENTS: Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems must be abandoned in accordance with Palm Beach County ECR-II. Sewer service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Rule 64E-6 FAC and Palm Beach County ECR-I.
ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently undeveloped but contains no significant native vegetation. The site contains Sabal palm and Slash pine, which are incorporated within the site plan. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93-3. Any non-stormwater discharge or the maintenance or use of a connection that results in a non-stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93-15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards). OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: In accordance with the adopted school concurrency program, existing and projected school construction will provide student capacity for school facilities to meet the student growth from this residential development. PARKS AND RECREATION: No Comment. CONCURRENCY: A Concurrency Reservation, 01-5001508-C, exists for 48 single-family dwelling units. Water/sewer service provider: Palm Beach County. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 23.1 acre site, 1,626 feet in width with an average depth of 637 feet accessed by Lake Ida Road (1). The site is currently vacant. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Medium Residential 5 (MR 5) Zoning District: Residential Planned Unit Development (PUD) Supporting: Huntington Walk PUD SOUTH: Comprehensive Plan: Low Residential 1 (LR 1) Zoning District: Agricultural Residential (AR) Supporting: Antiquers Aerodrome EAST: Comprehensive Plan: Low Residential 1 (LR 1) Zoning District: Agricultural Residential (AR) Supporting: Vacant/horse pasture
WEST: Comprehensive Plan: Low Residential 1 (LR 1) Zoning District: Residential Single Family (RS) Supporting: Single family residences ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC), the Development Review Committee (DRC) shall certify a final PDP/site plan. The DRC review will assure compliance with the Board of County Commission conditions of approval, and applicable sections of the ULDC. PROJECT ANALYSIS: The petitioner has prepared net density calculations between subject property and adjacent properties, as follows: Site 4.07 du/ac North - Huntington Walk, 7.26 du/ac South Antiquers Aerodrome, 0.45 du/ac (-3.62 du/ac) required East vacant, 1du/ac (-3.07 du/ac) West single family homes, 6.42 du/ac FINDINGS: The request is consistent with the ULDC and the stated purpose and intent of the ULDC. The request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. The request is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property and the appropriate zoning district for the subject property. Conditions in the area of the subject property have changed to the extent to warrant the request. The proposal complies with all relevant and appropriate portions of Sec. 6.6 (Supplementary Regulations) of the ULDC. The design of the proposed use should minimize any adverse effects on adjacent lands. The request will result in a logical, timely and orderly development pattern. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Exhibit C.1: TDR Conditions of Approval Exhibit D: Accident History Report
EXHIBIT C CONDITIONS OF APPROVAL A. ALL PETITIONS 1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved Preliminary Development (PDP)/site plans are dated February 15, 2002. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING) B. LANDSCAPING - STANDARD 1. Fifty-percent of trees to be planted in the perimeter buffer shall be native canopy trees and meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. Trunk diameter: 3.5 inches measured at 4.5 feet above grade; c. Canopy diameter: Seven (7) feet diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of 3.5 feet in length; and, d. Credit may be given for existing or relocated trees provided they meet ULDC requirements. (CO: LANDSCAPE Zoning) 2. All palms required to be planted on site by this approval, except on individual residential lots, shall meet the following minimum standards at installation: a. Palm heights: twelve (12) feet clear trunk; b. Clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) (CO: LANDSCAPE - Zoning) 3. All shrub or hedge materials shall be planted in continuous masses and in a meandering and naturalistic pattern, consisting of a minimum of three (3) varying heights. Shrub materials shall be continuously maintained to achieve the following heights and hierarchical effect: a. eighteen (18) to twenty-four (24) inches groundcover and small shrub; b. twenty-four (24) to thirty-six (36) inches medium shrub; and c. forty-eight (48) to seventy-two (72) inches large shrub, unless where it specifies herein. (CO: LANDSCAPE - Zoning) 4. All trees and palms shall be planted in a meandering and naturalistic pattern. (CO: LANDSCAPE - Zoning) 5. A group of three (3) or more palm or pine trees may not supersede the requirement for canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning) C. LANDSCAPING ALONG THE NORTH PROPERTY LINE (FRONTAGE OF LAKE IDA ROAD) 1. Landscaping and buffering along the north property line shall be upgraded to include: a. a minimum ten (10) foot wide landscape buffer strip;
b. one (1) native canopy tree for each twenty (20) feet of the property line; c. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and, d. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; e. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, f. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (CO: LANDSCAPE-Zoning) D. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (FRONTAGE OF SKYLINE DRIVE) 1. Landscaping and buffering along the south property line shall be upgraded to include: a. a minimum thirty-five (35) foot wide landscape buffer strip for the south property line. No width reduction or easement encroachment shall be permitted; b. a continuous, minimum three (3) foot high berm measured from top of curb; c. a six (6) foot high vinyl-coated chain link fence to be located on the plateau of the berm; d. one (1) canopy tree for each twenty (20) linear feet of the property line and to be planted on alternating side of the fence; e. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and to be planted on alternating side of the fence. (CO: LANDSCAPE- Zoning) 2. The following landscaping requirements shall be installed on the exterior side of the required fence: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, c. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. and continuously be maintained at seventy-two (72) inches high. (CO: LANDSCAPE-Zoning) 3. The following landscaping requirements shall be installed on the interior side of the required fence: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; and, b. one (1) large shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (CO: LANDSCAPE-Zoning)
E. ENGINEERING 1. The Property owner shall construct Lake Ida Road as a 3 lane section from Hagen Ranch Road to Villa Borghese. A) This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. B) Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: Monitoring-Eng) C) Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) 2. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: A) Building Permits for more than 10 Single Family dwelling units shall not be issued until the contract has been awarded for the construction of the 4/5 lane widening of Hagen Ranch Road from West Atlantic Avenue to Lake Ida Road plus the appropriate paved tapers. Construction commences is defined as awarding the contract for construction, the acquisition of all right of way and construction easements and the acquisition of all required permits. (BLDG PERMIT: MONITORING-Eng) 3. LANDSCAPE WITHIN MEDIAN OF COUNTY ROADS A. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department Permit Section for a permit to landscape the adjacent median of Hagen Ranch Road Right-of-Way. This permit shall comply with all permit requirements, including but not limited to indemnifying Palm Beach County. When permitted by the Land Development Division of the Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the latest revision to the Palm Beach County Engineering and Public Works Department Streetscape Standards. The property owner shall also be responsible for supplementing any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscaping installation and maintenance requirements shall be subject to the standards as set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT: MONITORING- Eng) B. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All landscaping, paver block or similar materials shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns or duly established Property Owner=s Association or maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation
of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to the issuance of the first certificate of occupancy. (CO: MONITORING- Eng) C. If the Developer does not enter into an agreement with Palm Beach County to assume the maintenance responsibility, then appropriate property owner=s documents or other restrictive covenant documents, evidencing the maintenance obligation shall be established or amended as required and shall be approved and recorded prior to the issuance of the Building Permit. (BLDG PERMIT: MONITORING- Eng) 4. Prior to the issuance of a building permit the property owner shall convey additional right of way to Palm Beach County to provide for a 25 foot "Corner Clip" at Skyline Drive and Hagen Ranch Road. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (BLDG PERMIT: MONITORING-Eng) F. LANDSCAPING ALONG THE EAST PROPERTY LINE (ABUTTING RESIDENTIAL) 1. Landscaping and buffering along the east property line shall be upgraded to include: a. a minimum thirty (30) foot wide landscape buffer strip for the east property line. No width reduction or easement encroachment shall be permitted; c. a continuous, minimum three (3) foot high berm measured from top of curb; d. a six (6) foot high wood fence to be located on the plateau of the berm; e. one (1) canopy tree for each twenty (20) linear feet of the property line and to be planted on alternating side of the fence; f. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and to be planted on alternating side of the fence. (CO: LANDSCAPE- Zoning) 2. The following landscaping requirements shall be installed on the exterior side of the required fence: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, c. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (CO: LANDSCAPE-Zoning) (CO: LANDSCAPE-Zoning) 3. The following landscaping requirements shall be installed on the interior side of the required wall: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; and,
b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation. (CO: LANDSCAPE-Zoning) G. LANDSCAPING ALONG THE WEST PROPERTY LINE (FRONTAGE OF HAGEN RANCH ROAD) 1. Landscaping and buffering along the west property line shall be upgraded to include: a. a minimum fifteen (15) foot wide landscape buffer strip; No width reduction or easement encroachment shall be permitted; b. a continuous two (2) foot high berm measured from top of curb; c. a six (6) foot high vinyl coated chain link fence and to be located at ; d. one (1) native canopy tree for each twenty (20) feet of the property line; and e. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. 2. The following landscaping requirements shall be installed on the exterior side of the required fence: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, c. one (1) large shrub for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (CO: LANDSCAPE-Zoning) (CO: LANDSCAPE-Zoning) 3. The following landscaping requirements shall be installed on the interior side of the required fence: a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of eighteen (18) inches at installation; and, b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation. (CO: LANDSCAPE-Zoning) H. PLANNED UNIT DEVELOPMENT 1. Decorative street lights shall be provided pursuant to Section 6.8.A.16.c.(1) of the ULDC, subject to approval by the County Engineer. (CO: BLDG - Eng) 2. Street trees shall be planted within or adjacent to streets of fifty (50) feet in width or greater, pursuant to Section 6.8.A.16.c(3) of the ULDC and subject to approval by the County Engineer. (CO: LANDSCAPE - Eng) 3. All utilities shall be underground, pursuant to Section 6.8.A.16.c(5) of the ULDC. (PLAT: ENG - Zoning) 4. Recreation uses provided in accordance with Section 6.8.B.4.A.(6)(b)(i) of the ULDC shall be located on a minimum of 0.1 acre and shall be located per preliminary development/site plans dated February 15, 2002. Such recreation uses shall have a direct connection to the pedestrian system within the project, and shall include recreation amenities such as tot lot, benches with shaded structures, gazebo, fitness station, rest station, or similar items subject to approval of the Zoning Division. These recreation areas shall not be used towards the Parks and Recreation Department=s
minimum recreation requirement or be located within land areas designated for drainage, stormwater management or other utility purposes. (DRC/PLAT: ZONING-Zoning) 5. Flexible Regulations and Administrative Deviations from the required property development regulations for the residential units and their accessory structures shall be limited to the following: Property Development Regulations Administrative Deviation or Flexible Regulations Building Coverage 44% maximum 6. No setback reductions shall be permitted. (DRC: ZONING-Zoning) 7. Drainage easements shall not be permitted along the rear yards of back-toback units. (DRC: ZONING-Zoning) 8. All property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall, among other things, provide for: formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas. The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (PLAT: ENG/ CO ATT-Zoning) 9. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents. (MONITORING: ZONING/CO ATTY-Zoning) 10. The types of dwelling unit for the PUD shall be limited to single -family units. No modifications shall be permitted without BCC approval. (DRC: ZONING- Zoning) H. PLANNING 1. Prior to final site plan approval by the Development Review Committee, the PDP/site plan shall be amended to include a notation at the eastern property line that shall read potential future vehicular and pedestrian stub street connection to be paved to the property line. (DRC: PLANNING-Planning) 2. Prior to the issuance of a certificate of occupancy, the petitioner shall pave the property to the edge of the eastern property line at the location on the PDP/site plan labeled potential future vehicular and pedestrian stub street connection to be paved to the property line. (CO: MONITORING-Planning) 3. Prior to final site plan approval by the Development Review Committee, the PDP/site plan shall be amended to provide a vehicular and pedestrian connection to Hagen Ranch Road at the location of the cul-de-sac shown on the site plan. (DRC: PLANNING-Planning) 4. Prior to final site plan approval by the Development Review Committee, the PDP/site plan shall be amended to provide a vehicular and pedestrian connection to Lake Ida Road at the location of the cul-de-sac shown on the site plan. (DRC: PLANNING-Planning)
I. SCHOOL BOARD 1. The subject development shall post a notice of annual boundary school assignments for students from this development. The District will provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and models. "NOTICE TO HOME BUYERS/TENANTS" J. SIGNS ASchool age children may not be assigned to the public school closest to their residents. School Board policies regarding overcrowding or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s).@ (ONGOING: SCHOOL BOARD-School Board) 1. Freestanding signs fronting on Lake Ida Road shall be limited as follows: K. COMPLIANCE a. maximum sign height, measured from finished grade to highest point six (6) feet; b. maximum total sign face area sixty (60) square feet; c. maximum number of signs - one (1)pair ; d. style - monument style only; and, e. location - within fifty (50) feet on both sides of the main access driveway. (CO: BLDG-Zoning) 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 5.8 of the ULDC, in
response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING)
EXHIBIT C.1 TDR CONDITIONS OF APPROVAL 1. The preliminary development plan dated and perimeter/ internal buffers shown thereon shall not be modified unless approved by the BCC. (ONGOING: ZONING) 2. Prior to certification of the Preliminary Development Plan (PDP) by the DRC, a Contract for Sale and Purchase of TDR s shall be executed by the applicant, in a manner and form approved by the Office of the County Attorney, and formally executed by the Chairman of the Board of County Commissioners. The Contract shall accommodate a maximum of 25 TDR units at a selling price of $10,399.00 per unit. (DRC: COUNTY ATTORNEY-Zoning) 3. Prior to certification of the Preliminary Development Plan (PDP) by the DRC, two (2) recorded copies of the Contract for Sale and Purchase of TDR s shall be provided to the Palm Beach County Zoning Division. (DRC: ZONING) 4. Prior to certification of the Preliminary Development Plan (PDP) by the DRC, monies representing 25 TDR units shall be placed in an escrow account in a form acceptable to Palm Beach County. (DRC: ZONING) 5. Prior to the issuance of the first building permit, the escrow monies shall be released to Palm Beach County. Building permits issued for sales models and/or a temporary real estate sales and management office permitted pursuant to the Unified Land Development Code standards shall not be the trigger for the release of the escrow funds. (BLDG PERMIT: MONITORING - ZONING) 6. Prior to the issuance of the first building permit, a deed conveying the applicable TDR units from the County TDR bank to the subject property, shall be executed and recorded in a manner and form approved by the Office of the County Attorney. This condition does not apply to building permits issued for sales models and/or a temporary real estate sales and management office permitted pursuant to the Unified Land Development Code standards. (BLDG PERMIT: MONITORING - ZONING) 7. Any additional increase in density must be requested through the TDR program. (ONGOING: ZONING)
EXHIBIT D ACCIDENT HISTORY REPORT