PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: PDD/W/R/TDR-2015-01036 Application Name: Lake Worth Senior Living Control No.: 2005-00122 Applicant: Amelia Trevino Owners: Amelia Trevino Agent: Wantman Group Inc. - Lindsay Libes Telephone No.: (561) 478-8501 Project Manager: Christine Stivers, Senior Site Planner TITLE: an Official Zoning Map Amendment to a Planned Development District REQUEST: to allow rezoning from the Agriculture Residential (AR) Zoning District to a Planned Unit Development (PUD) Zoning District. TITLE: a Type II Waiver REQUEST: to allow a reduction in lot frontage. TITLE: a Requested Use REQUEST: to allow a Type 3 Congregate Living Facility (CLF) and a Transfer of Development Rights. TITLE: a Transfer of Development Rights REQUEST: to allow a Transfer of Development Rights for 2 units and designate site as a receiving area. APPLICATION SUMMARY: Proposed is an Official Zoning Map Amendment and two Requested Uses for the Lake Worth Senior Living development. The 6.86-acre site is developed with a Single Family residence and a Contractor's Storage Yard that has been inactive since 2008. The Applicant is requesting a rezoning from the Agriculture Residential (AR) Zoning District to the Planned Unit Development (PUD) Zoning District; Requested Uses for a Type 3 Congregate Living Facility (CLF) and a Transfer of Development Rights (TDR) for 2 units; and a Type II Waiver to allow the reduction in frontage for an infill Planned Development District. The Preliminary Master Plan indicates one Residential Pod and one Recreation Pod. The Preliminary Site Plan indicates a 93,026 square foot (sq. ft.) building that contains accessory office space and 134 beds to be used for memory care and assisted living. There are 125 parking spaces provided, one primary access to the site from Woodwind Lane and a second gated emergency access also from Woodwind Lane. SITE DATA: Location: Southeast corner of State Road 7 and Woodwind Lane Property Control Number(s) 00-42-43-27-05-034-0240 Existing Land Use Designation: Low Residential 2 units per acre (LR-2) Proposed Land Use Designation: High Residential 8 units per acre (HR-8) Existing Zoning District: Agriculture Residential District (AR) Proposed Zoning District: Planned Unit Development (PUD) Acreage: 6.86 acres Tier: Urban/suburban (U/S) Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile N/A Future Annexation Area City of Greenacres and the City of Wellington RECOMMENDATION: Staff recommends approval of the request subject to 8 Conditions of Approval as indicated in Exhibit C-1, 1 Condition of Approval as indicated in Exhibit C-2, 9 Condition of Approval as indicated in Exhibit C-3, and 7 Conditions of Approval in Exhibit C-4. ACTION BY THE ZONING COMMISSION: At the October 1, 2015 Zoning Commission meeting, this application was on the Consent Agenda. The Agent accepted all of the Conditions of Approval and no one from the public was present to speak on the application. The Zoning Commission made BCC October 22, 2015 Page 217

recommendations for approval with votes of 8-0-1, Commissioner Beatty abstaining, for each of the requests. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: The subject property is developed with a Single Family residence. No prior approvals from the Board of County Commission (BCC) are existing for this property. SURROUNDING LAND USES: NORTH: FLU Designation: Low Residential (LR-2) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Residential (Woodwind PUD, Control No 2004-00524) SOUTH: FLU Designation: Commercial Low, with an underlying LR-2 (CL/2) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Commerical (Mission Lakes MUPD, Control No 2003-00007) EAST: FLU Designation: Low Residential (LR-2) Zoning District: Residential Estate District (RE) Supporting: Vacant (Government Services) (Burk Excavation, Control No 1974-00188) WEST: FLU Designation: High Residential (HR-8) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Vacant (Brentwood of Wellington, Control No 2005-00454) FLU Designation: Commercial Low, with an underlying LR-2 (CL/2) Zoning District: Community Commercial District (CC) Supporting: Vacant (Carlyle Shops, Control No 2006-00368) FLU Designation: Commercial Low, with an underlying LR-2 (CL/2) Zoning District: Community Commercial District (CC) Supporting: Vacant (Palm Beach Farms Co, Control No 2004-00925) TYPE II WAIVER SUMMARY The Applicant is proposing a Type II Waiver to allow a reduction in the required frontage along an arterial or collector road. The project site borders two ROWs; one from SR-7 (US 441) and the other from Woodwind Lane. There is no access from SR-7 due to the existing canal. Woodwind Lane was recently realigned and improved to non-planned collector status with a new bridge constructed. The subject parcel prior to the realignment met the 200 feet frontage however the realignment segmented a portion of the Wellington Road PUD between the newly aligned Woodwind Lane and the subject parcel therefore reducing the subject site frontage to 124 feet. ULDC Article Required Propsed Variance 3.E.1.C.2.a.1 PDD Minimum Frontage FINDINGS: Rezoning Standards: Minimum 200 linear feet of frontage along an arterial or collector street. 124 linear feet of frontage along a collector street 76 feet (38%) When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1- BCC October 22, 2015 Page 218

7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An Amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. The proposed amendment to the PUD Zoning District is consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The subject 6.86 acre site is the subject of a concurrent Small Scale amendment known as Lake Worth Senior Living SCA 2015-014. The request is to amend the land use from Low Residential 2 units per acre to High Residential 8 units per acre (HR-8) with the following condition: The density associated with the High Residential, 8 units per acre (HR-8), future land use designation shall only be utilized for the development of a Congregate Living Facility (CLF). If developed residentially, other than as a CLF, the density shall be limited to that associated with the Low Residential, 2 units per acre (LR-2) designation. The concurrent FLUA amendment was be heard by the Local Planning Agency (LPA) at a public hearing on September 11, 2015. The LPA recommended approval in a 12-0 vote. See further analysis under the Requested Use Standards. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. The proposed rezoning is consistent with the Unified Land Development Code (ULDC) PUD property development regulations in regard to lot size, width, depth and setbacks as well as the Design Objectives for a Planned District Development. o Frontage and Access: Woodwind Lane is the frontage and access for the proposed development. A PUD must be located on an arterial or collector street. The Land Development Director determined this road to be a Non-Planned Collector type street. In addition, Planned Development Districts (PDD) shall have a minimum of 200 feet of frontage along a collector street. The Applicant is requesting a reduction of the frontage requirement to accommodate a frontage of 124 feet. See further analysis under the Type II Waiver Standards. o Pods: The proposed development consists of a single use, a Congregate Living Facility Type 3. The Master Plan indicates three Pods, 1 Residential, 1 Recreation and a Neighborhood Park Pod. Only the Residential and the Recreation pods are required. The Civic Pod was not required by the Palm Beach County Facilities Development and Operations Department as the acreage is less than the required threshold. o Exemplary Design: This includes access onto a non-planned collector street, residential uses connected by sidewalk to local neighborhood streets, internal pedestrian connections to the development s amenities, screening of objectionable features such as dumpsters, mechanical equipment and loading areas with required landscaping buffers and an opaque wall, entry signage, decorative pavement at the development entrance as well as having direct access to the recreation pod. There is a focal point along the entrance drive to the CLF facility as well as in the open space and courtyard areas that consist of flagpoles, raised planters and a seat wall. o Landscape buffers are per the ULDC requirements for Right-of-Way (ROW) buffers along Woodwind Lane. A ROW buffer reduction from 20 feet to 10 feet along SR-7 (US 441) has been requested where the buffer is adjacent to the 85-foot wide Lake Worth Drainage District (LWDD) Canal that runs between the ROW and the western property lines. The amount of canopy trees and palms are not reduced in a buffer width reduction. A Type 1 incompatibility buffer is indicated for a Type 3 CLF adjacent to Residential zoning districts along the eastern property line, and a Type 2 incompatibility buffer is indicated for a Type 3 CLF adjacent to a Commercial Use. In addition to the ULDC requirements, landscape buffers are subject to the Conditions of Approval as shown in Exhibit C-1. o Preservation of Native Vegetation: A Tree Inventory Plan was completed (Figure 8). Replacement, relocation and mitigation of native materials will be subject to Conditions of Approval as BCC October 22, 2015 Page 219

indicated in Exhibit C-1. o Property Development Rights: The proposed development is consistent with Table 3.E.2.D- PUD Property Development Regulations for lot dimensions, density, building coverage, and setbacks. 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The proposed rezoning is compatible with the surrounding zoning districts to the north and the east. The Type 3 CLF is considered a residential use and the north and the east parcels are residentially zoned. The property to the south is zoned MUPD. An incompatibility buffer plus the dry detention area is proposed for this area. The parcel to the west although vacant is zoned Community Commercial. This zoning district is to provide a commercial facility of a community nature that services residential neighborhood. This would a compatible and complementary use for the PUD. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been cleared from the exiting landscape use. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The land uses adjacent to the site are consistent with the proposed use and the zoning request to the PUD. The proposed development promotes a logical development pattern by utilizing a residential PUD for an infill development that has residential zoning adjacent on the north and east property lines and a complementary zoning district such as Community Commercial to the west. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. The proposed rezoning complies with Article 2.F, CONCURRENCY (Adequate Public Facilities). Concurrency is approved for 134 beds in a Type 3 CLF. ENGINEERING COMMENTS: TRAFFIC IMPACTS Total net new traffic expected from this project is 224 daily trips, 7 AM and 19 PM peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). There are no improvements to the roadway system required for compliance with TPS because this project has an insignificant impact on the surrounding roadway network; it contributes less than one percent of the adopted level of service on all links within the radius of development influence. The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto, or work within Hypoluxo Road. Engineering comments are subject to the Conditions of Approval as shown on Exhibit C-1. PALM BEACH COUNTY HEALTH DEPARTMENT: The project meets all Department of Health requirements at this time. Future permitting may be necessary at the time of building permit. BCC October 22, 2015 Page 220

FIRE PROTECTION: Staff has reviewed the project and has no issue with the proposed project. SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency because it is a CLF. PARKS AND RECREATION: Based upon the proposed 134 CLF beds, 0.34 acres of onsite recreation is required to meet the ULDC standards. The plan shows 0.35 acres of onsite recreation is being provided, therefore the Park and Recreation ULDC standards are being met. 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The subject parcel is a single family residence and a Contractor s Storage Yard. The parcels that surround the site are residential or commercial in nature.the proposed rezoning to a residential PUD continues the transition with zoning that is consistent with the surrounding area.. FINDINGS: Type II Waivers: When considering a Development Order application for a Type II Waiver, the BCC shall consider the Standards in Article 2.B.2.G.3 of the ULDC. The Standards and Staff Analyses are indicated below. A Type II Waiver, which fails to meet any of the standards, shall be deemed adverse to the public interest and shall not be approved. 1. The Waiver does not create additional conflicts with other requirements of the ULDC, and is consistent with the stated purpose and intent for the Zoning District or Overlay; The request for the reduction to the frontage requirement would not create additional conflicts with other requirements of the ULDC. The project site borders two ROWs; one from SR-7 (US 441) and the other from Woodwind Lane. There is no access from SR-7 due to the existing canal. Woodwind Lane was recently realigned and improved to non-planned collector status with a new bridge constructed. The subject parcel prior to the realignment met the 200 feet frontage however the realignment segmented a portion of the Wellington Road PUD between the newly aligned Woodwind Lane and the subject parcel therefore reducing the subject site frontage to 124 feet. 2. The Waiver will not cause a detrimental effect on the overall design and development standards of the project, and will be in harmony with the general site layout and design details of the development; and, The waiver will not cause a detrimental effect on the overall design as the available frontage can provide uninterrupted access to the PUD. Additionally, with the frontage provided, the main access location is across from the Morning Mist Lane, the access point to Wellington Club PUD which is sound planning and street intersection design. 3. The alternative design option recommended as part of the Waiver approval, if granted, will not adversely impact adjacent properties. The alternative design option of 124 feet of frontage will not adversely impact neighboring properties as the access to the PUD will not inhibit access to the adjacent properties. FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 8 listed in Article 2.B.2.B. of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or BCC October 22, 2015 Page 221

Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. The Applicant has two Requested Uses; to allow a Type 3 Congregate Living Facility (CLF) and a Transfer of Development Rights. The following Standards will address these items: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. o The proposed Congregate Living Facility is consistent with the Goals, Objectives and Policies of the Comprehensive Plan o The subject 6.86 acre site is the subject of a concurrent Small Scale amendment known as Lake Worth Senior Living SCA 2015-014. The request is to amend the land use from Low Residential 2 units per acre to High Residential 8 units per acre (HR-8) with the following condition: The density associated with the High Residential, 8 units per acre (HR-8), future land use designation shall only be utilized for the development of a Congregate Living Facility (CLF). If developed residentially, other than as a CLF, the density shall be limited to that associated with the Low Residential, 2 units per acre (LR-2) designation. o The request for 134 beds, including the purchase of 2 TDR's, is consistent with the proposed HR-8 land use designation and amendment condition. Planning Staff is recommending approval of the concurrent Small Scale Amendment. o Density and Intensity: The Applicant is requesting a total of 134 beds for a Type 3 CLF with a PUD Zoning District, including the purchase of 2 Transfer of Development Rights (TDR). ULDC Article 4.B.34.-Table 4.B.1.A permits 19.12 beds per acre for a PDD with the HR-8 land use designation. Additionally, Note 2 of Table 4.B.1.A permits 2.39 beds per TDR. 134 beds were calculated as follows: 19.12 beds per acre X 6.86 acres = 131.16 beds 2.39 beds per TDR X 2 TDR = 4.78 135.94 or 136 beds total o The Site Plan depicts a maximum of 93,026 square feet (sq. ft.) for the facility, which equates to a Floor Area Ratio (FAR) of approximately 0.31 (93,026 / 298,440 surveyed square feet or 6.86 acres = 0.311). The subject 6.86 acre parcel could develop up to a total of 358,469 square feet based on the maximum allowable FAR of 0.45 for an Institutional use with the HR-8 FLU (6.8 ac x 43,560 x.45 = 134,469.72 square feet). 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The project meets all relevant ULDC requirements for a Type 3 CLF. o Maximum Occupancy: The number of beds requested, 131 beds, is the maximum permitted for a PDD with a FLU of HR-8. The addition of the 2 TDRs provides for an additional 5 beds so the Applicant could have requested 136 beds. The Applicant is only requesting 134 beds. o Frontage and Access: In addition to a PUD being located on an arterial or collector road, a Type 3 CLF use also includes requirements to be located on an arterial or collector road. This has been met as the site has access and frontage on Woodwind Lane which is a non-plan collector road. o Fire Rescue Station: The site is located approximately 3 miles from a local fire rescue station which is less than the maximum distance permitted of 5 miles. BCC October 22, 2015 Page 222

o Design and Compatibility: The Applicant submitted and requested the Architectural Elevations be reviewed for compliance with Article 5.C. Figure 7 indicates the Preliminary Architectural Elevations. The Proposed building is 93,026 sq. ft. in size. The building is designed as having 2- stories with assisted living suites and one story memory care suites. Architectural Elevations are subject to the Conditions of Approval as shown in Exhibit C-2. o The maximum height of the CLF cannot exceed one story greater than any structure within 150 feet of the proposed building. There are no buildings within 150 feet of the proposed CLF. o Parking and Loading: The Preliminary Site Plan indicates a total of 117 parking spaces and 3 required loading spaces. A Type I Administrative Waiver will be requested at Final DRO for the reduction of loading space size. The Reserve Parking requirement for the CLF ensures that parking for a future use is considered should the CLF be converted. A Small Scale Land Use Amendment Application has been submitted. A Condition of Approval has been applied to the SCA stating that the land use change is only permitted for a CLF and another use would have to go before the BCC. At that time parking, as well as other Code requirements would have to be met. Additionally, the Applicant is proposing 30 spaces of the 117 spaces provided are Grass Parking spaces. The proposed Grass Parking spaces meet the Code standards in that Grass parking is proposed only for peak demand; paved parking is provided for the average daily traffic and employee parking; no grass parking is including any existing or proposed landscape area, surface water management area or easement; and handicap parking is not located in the grass parking area. o Landscape Buffers: As stated in the Rezoning Standards, the required buffers are indicated on the Preliminary Site Plan. ROW Buffers are proposed along Woodwind Lane and a reduced ROW buffer is proposed along SR-7 (US 441). A Type 2 incompatibility buffer is proposed along the south property line and a Type 1 incompatibility buffer is proposed along the eastern property line. Landscape Conditions of Approval have been indicated on Exhibit C-2. o Signage: The Preliminary Site Plan indicates one entry monument sign located on Woodwind Lane and the directional signage internal to the development. The Master Sign Program was included on the Preliminary Regulating Plan (Figure 6) and the details are in accordance with ULDC standards. The CLF is restricted to 1 freestanding identification sign no more than 32 square feet in face area and 8 feet in height. o Transfer of Development Rights (TDR): This development meets the criteria in Article 5.G.3.H for eligibility of a TDR receiving area as the receiving area is requesting a rezoning to a PDD; is located in the U/S Tier; is not affecting environmentally sensitive lands; and does not contain any sending areas. o Generators: A permanent generator has been indicated on the Preliminary Site plan that meets screening and setback requirements. 3. Compatibility with Surrounding Uses The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The proposed residential use is compatible and generally consistent with the surrounding residential and commercial uses. The subject parcel is considered a residential use and is adjacent to the north with a residential use. The parcel to the east is zoned residential but is vacant. The parcel to the west is vacant but has an approval for a Financial Institution in the Community Commercial Zoning District which is designed to be a complementary use to residential neighborhood. The property to the south is zoned MUPD with General Retail at its use. An incompatibility buffer plus the dry detention area is proposed for this area to provide the required buffers between residential and commercial uses. 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The design of the proposed use minimizes adverse impact by orienting the frontage and main drop off area towards SR 7 (US 441) away from the residential use. There is a gated access point from along BCC October 22, 2015 Page 223

Woodwind Lane to be utilized by emergency vehicles only. An opaque wall is proposed to screen the loading spaces from the eastern adjoining property which is vacant but has a residential zoning district. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. VEGETATION PROTECTION: The site has been cleared from the exiting landscape use. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 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. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposed use will result in a logical, orderly and timely development pattern to utilize a residential use in an infill parcel to be more compatible to the surrounding residential and commercial uses. The development of this residential use is consistent with the neighborhood development pattern of the area. Additionally the proximity to SR-7 (US 441) provides ease of emergency access should the need arise. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS Total net new traffic expected from this project is 224 daily trips, 7 AM and 19 PM peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). There are no improvements to the roadway system required for compliance with TPS because this project has an insignificant impact on the surrounding roadway network; it contributes less than one percent of the adopted level of service on all links within the radius of development influence. The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto, or work within Hypoluxo Road. Engineering comments are subject to the Conditions of Approval as shown on Exhibit C-1. PALM BEACH COUNTY HEALTH DEPARTMENT: The project meets all Department of Health requirements at this time. Future permitting may be necessary at the time of building permit. FIRE PROTECTION: Staff has reviewed the project and has no issue with the proposed project. SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency because it is a CLF. PARKS AND RECREATION: BCC October 22, 2015 Page 224

Based upon the proposed 134 CLF beds, 0.34 acres of onsite recreation is required to meet the ULDC standards. The plan shows 0.35 acres of onsite recreation is being provided, therefore the Park and Recreation ULDC standards are being met. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The subject parcel is a single family residence and a Contractor s Storage Yard. The parcels that surround the site are residential or commercial in nature. The proposed CLF continues the transition with residential use that is consistent with the surrounding area.. CONCLUSION: Staff has evaluated the standards listed under Article 2.B. and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, Staff is recommending approval of the proposed Official Zoning Map Amendment to a Planned Development District, Type II Waiver, Requested Uses and Transfer of Development Rights. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C- 1, Exhibit C-2, Exhibit C-3 and Exhibit C-4. BCC October 22, 2015 Page 225

CONDITIONS OF APPROVAL Exhibit C-1 PDD- Residential Planned Development District ALL PETITIONS 1. The approved Preliminary Master and Regulating Plans are dated August 13, 2015. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, 2020. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING - Engineering) LANDSCAPE - GENERAL 1. Prior to Final Approval by the Development Review Officer, the Master and Site Plan shall be revised to show a Type 2 Incompatibility Buffer along the perimeter of the recreation pod and the neighborhood park or request a Type II Variance. (DRO/ONGOING: ZONING - Zoning) 2. Prior to the issuance of a Building Permit, the Property Owner shall submit a Landscape Plan to the Landscape Section for review and approval. The Plan(s) shall be prepared in compliance with all landscape related Conditions of Approval as contained herein. The Landscape Plan(s) and supporting documents shall demonstrate the locations of the mitigated hardwoods, palms and the relocated palms listed in the Tabular Tree List. (BLDGPMT: BUILDING DIVISION - Zoning) PLANNING 1. Per SCA 2015-014, The density associated with the High Residential, 8 units per acre (HR-8), future land use designation shall only be utilized for the development of a Congregate Living Facility (CLF). If developed residentially, other than as a CLF, the density shall be limited to that associated with the Low Residential, 2 units per acre (LR-2) designation. (ONGOING: PLANNING - Planning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) 2.Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a.the Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other Permit, License or Approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or, b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other Zoning Approval; and/or, c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of Conditions reasonably related to the failure to comply with existing Conditions; and/or d. Referral to Code Enforcement; and/or BCC October 22, 2015 Page 226

e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC October 22, 2015 Page 227

Exhibit C-2 Type 2 Waiver DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC October 22, 2015 Page 228

CONDITIONS OF APPROVAL Exhibit C-3 Requested Use- Type 3 Congregate Living Facility ALL PETITIONS 1. The approved Preliminary Site and Regulating Plans are dated August 13, 2015. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Type 3 Congregate Living Facility shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC) and shall be generally consistent with the Architectural Elevations dated July 15, 2015. Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO/ONGOING: ZONING - Zoning) LANDSCAPE - GENERAL 1. All preserved trees (including canopy trees, pines or palms) are required to be protected with tree barriers during all stages of construction. Permanent tree protection devices including, but not limited to: tree wells, retaining walls, shall be installed for the preservation of trees. (ONGOING: ZONING - Zoning) 2. A landscaping inspection shall be completed prior to the issuance of any tree removal or building permits to ensure perserved trees are properly marked and protection devices are installed. (BLDGPMT: ZONING - Zoning) LANDSCAPE - PERIMETER-NORTHERN AND WESTERN PROPERTY LINE 1. In addition to the Code requirements, the ROW buffer along the northern and western property lines shall be upgraded to include: a. no easement encroachment shall be permitted; b. one (1) palm or pine for each for each thirty (30) linear feet of the property line. (BLDGPMT: ZONING - Zoning) PARKS 1. The owner/developer shall notify future residents by providing that all contracts, leases, sales brochures, Master Plans and related Site Plans contain a disclosure statement identifying that dwelling units within the development are adjacent to a proposed district county park, and the park will be developed with active recreational amenities, and residents may be subjected to noise and lights from the park s future recreational facilities. Future facilities may include, but not be limited to ball fields, tennis courts, basketball courts, volleyball courts, concession stands, restroom and water based activities. In addition, the documents shall include a statement that all or portions of Lantana District I shall remain in an unimproved state with no regularly scheduled maintenance until such time as the park is developed in phases and open to the public. COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: BCC October 22, 2015 Page 229

a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC October 22, 2015 Page 230

CONDITIONS OF APPROVAL Exhibit C-4 Transfer of Development Rights TRANSFER OF DEVELOPMENT RIGHTS 1. Prior to Final Subdivision or Site Plan approval by the Developement Review Officer, the Property Owner shall submit an Official Contract for Sale and Purchase of Transfer of Development Rights (TDR) Units and the TDR Deed shall be submitted for final review and execution. (DRO:COUNTY ATTORNEY-Zoning) 2. Prior to Final Master Plan approval by the Development Review Officer, two (2) recorded copies of the Contract for Sale and Purchase of Transfer of Development Rights (TDRs) shall be provided to the Palm Beach County Zoning Division. (DRO:ZONING-Zoning) 3. Prior to Final Subdivision or Site Plan approval by the Development Review Officer (DRO), a deed conveying the applicable Transfer of Development Rights (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 and a recorded copy provided to the Palm Beach County Zoning Division. (DRO:COUNTY ATTORNEY-Zoning) 4. Prior to Final Subdivision or Site Plan approval, the Property Owner shall pay one hundred (100) percent of the Transfer of Development Rights (TDR) Funds to the Zoning Division. (DRO:ZONING- Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC October 22, 2015 Page 231

Figure 1 Land Use Map BCC October 22, 2015 Page 232

Figure 2 Zoning Map BCC October 22, 2015 Page 233

Figure 3 Aerial BCC October 22, 2015 Page 234

Figure 4 Preliminary Master Plan dated August 13, 2015 BCC October 22, 2015 Page 235

Figure 5 Preliminary Site Plan dated August 13, 2015 BCC October 22, 2015 Page 236

Figure 6 Preliminary Regulating Plan dated August 13, 2015 BCC October 22, 2015 Page 237

Figure 7 Preliminary Elevations dated June 22, 2015 BCC October 22, 2015 Page 238

Figure 8 Tree Inventory Plan dated August 13, 2015 BCC October 22, 2015 Page 239

Exhibit D Disclosures BCC October 22, 2015 Page 240

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