TOWN OF JUPITER TOWN MANAGER S OFFICE

TOWN OF JUPITER TOWN MANAGER S OFFICE DATE: February 7, 2013 TO: Honorable Mayor and Members of Town Council THRU: FROM: Andrew D. Lukasik, Town Manager John R. Sickler, Director of Planning & Zoning SUBJECT: Parcel 19 PUD (aka: Lakewood) Planned Unit Development (PUD) amendment to modify Ordinance No. 17-04, eliminating conditions of approval that required 600 foot principal building setbacks, lighting setbacks, and issuance of a building permit for the last commercial building in Pod J prior to approval of the seventh residential pod, and one waiver to reduce setback requirements for generators, and a site plan application to allow single-family zero-lot line residential, research and development (R&D), gas/convenience store, restaurant, and hotel uses on 259.6 acres on the north side of Indiantown Road and west of the Florida Turnpike. Ordinance # 08-13 Resolution # 07-13 PZ #12-188 & 12-189 MS Meeting dates: PZ TC TC 02/12/13 03/19/13 (quasi-judicial- 1 st reading) TBD (quasi-judicial- 2 nd reading) Project name: Parcel 19 (aka Lakewood ) Owner: Jupiter 19 Park, LLC (Attachment A) Applicant: Lakewood Jupiter Development Company (Attachment A) Agent: Gentile, Glas, Holloway, O Mahoney & Associates, Inc. Location: Northwest corner of Indiantown Road and the Florida Turnpike Acreage: 259.6+/- acres Density: 1.5 units/acre Residential Dwelling Units: 350 units Square footage of Commercial: Research and Development 103,000 square feet (sf) Gas/convenience store 3,000 sf/10 fuel dispensers Restaurant 6,000 sf Hotel 100 rooms Existing land use: Present land use designation: Vacant Low Density Residential (206.4 acres); Conservation

Parcel 19 North (Lakewood) Staff Report Page 2 Present zoning: Proposed land use designation: Proposed zoning: Request: (17.8 acres); and Commercial within the Bioscience Protection Overlay (35.4 acres) Residential, Single-family (R-1); Conservation Preservation (CP); and General Commercial (C-2) Low Density Residential (227.7 acres); Conservation (17.8 acres); and Commercial within the Bioscience Protection Overlay (14.1 acres) R-1; CP and C-2 Amendment to a Planned Unit Development (PUD): 1) modifying Ordinance No. 17-04 by eliminating three conditions of approval: a) requiring a 600 foot principal building setbacks, b) requiring lighting setbacks and protection from light spillage, and c) requiring issuance of a building permit for the last commercial building in Pod J prior to approval of the seventh residential pod; and 2) requesting one waiver to reduce setback requirements for generators. A site plan application for: 350 zero-lot line single-family residential units, 103,000 sf of R&D, 3,000 sf/10 fuel dispenser gas/convenience store, 6,000 sf restaurant, and 100 room hotel (Statement of Use Attachment B). Staff Recommendation. The Department of Planning and Zoning has reviewed the above referenced applications and recommends denial based on the following: The proposal is not consistent with Comprehensive Plan policies: o Future Land Use Element Policy 1.1.1 (Level of Service standards/concurrency); Objective 1.4 (Economic development/bio-science); Objective 1.17 (Bio-science research protection overlay); Policy 1.17.8 (Bio-science research conversion of use); o Transportation Element Policy 3.1.1 (Level of Service standards) Objective 3.6 (Jupiter Area Study mitigation strategies) Policy 3.6.1 (Traffic conditions based on buildout conditions in Jupiter Area Study) Policy 3.6.2 (Jupiter Area Study mitigation strategies implementation) The proposal does not meet the demonstration of need criteria for Future Land Use amendment (Section 27-99(4)) (please refer to FLUM/Zoning amendment staff report). The proposal reduces the amount of approved substantial public benefits (per Section 27-891(b)) in Ordinance No. 17-04, including: o Increases vehicular trip cap;

Parcel 19 North (Lakewood) Staff Report Page 3 o Increases density; and o Eliminates golf course as buffer to scenic river corridor. The proposal does not provide adequate new substantial public benefits (per Section 27-891(b)) to justify: o Extending previously approved waivers to allow increased residential intensity; o Increasing the project traffic trip cap; o No traffic mitigation proposed for increasing the trip cap; o Modifying Ordinance No. 17-04 to eliminate three conditions of approval. The proposal does not guarantee any Bio-Science/R&D will be developed and sets no timeframe for Bio-Science/R&D development (Future Land Use Element policies 1.17.5 and 1.17.8). The proposed site plan does not meet: o Site plan requirements (Chapter 27, entitled Zoning ), o Engineering standards (Chapter 25, entitled Subdivision and Land Improvement Regulations ), or o Architectural monotony standards (Chapter 25, Division 5, entitled "Architectural and community appearance standards"). The recommendation for denial is based on the specific analyses of the above items in the Analysis section below. The effect of the proposed plan amendment to increase the external trips from 8,943 to 10,873 would be that the projected additional traffic would contribute to the further deterioration of the LOS on segments of Indiantown Road that are already the most congested. The number of daily trips generated by the approved PUD (8,943) is 695 trips lower than the trip cap in the Comprehensive Plan (9,638), while the proposed amendment to the PUD would exceed the trip cap by 1,235 and increase the PUD traffic by 1,930 trips or 22 percent. The proposed amendments are not consistent with the Comprehensive Plan and the Town s Strategic Priorities because they produce a single family residential project which will require greater than normal Town services in an area of the Town that is segmented from the Town s core of residential neighborhoods and the community commercial businesses that serve residential neighborhoods. Moreover, the proposed plan amendments would have a negative fiscal impact upon the Town. The proposed amendments would result in an increase of residential units (+350 zero lot line units). These units will require substantially more Town services than non-residential uses, particularly research and development whose demand for services is modest. Moreover, the proposed amendment would introduce another highway-oriented hotel use to an area which already contains two such uses, not including the availability of a potential hotel and conference center on the DDR property (located east of I-95 and north of Indiantown Road). The proposed plan amendments also fail to implement the objectives and policies of the Town s Comprehensive Plan cited above by proposing a significant reduction of the 25,000 square feet of retail commercial uses west of I-95 and the Turnpike. The retail uses anticipated to be developed as part of a commercial retail center to serve the residents of Jupiter Farms, Jupiter Country Club and travelers on the Turnpike and I-95, would mitigate further adverse traffic impacts on Indiantown Road east of I-95 where it is

Parcel 19 North (Lakewood) Staff Report Page 4 the most congested. The proposed amendments would replace the approved 25,000 square foot retail center with a 6,000 sf restaurant, 3,000 sf gas station station/convenience store and a 100 room highway oriented hotel. These uses would, at best result in an incidental mitigation of the traffic impacts on Indiantown Road, east of I- 95. Given the critical location of this site on Indiantown Road, adjacent to the Turnpike and I-95, expanding residential is not consistent with the Town s strategic priorities; instead the emphasis should be more jobs and commercial development that is more financially self-sustaining. 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 South Jonathan Dickinson State Park Palm Beach County (PBC) Conservation/Agriculture, Residential (AR) Indiantown Road /Jupiter Country Club East Turnpike Interchanges, I-95 n/a West Low Density Residential/Residential, single-family (R-1) Jonathan Dickinson State Park PBC Conservation/Agriculture, Residential (AR) Site plan information. R-1 zoning district requirements Applicant s proposal Density 2 units per acre 1.5 units per acre Minimum lot size 10,000 sf 6,500 sf * Minimum lot width 75 feet 50 feet (minimum) * Minimum lot depth 100 feet 100 feet (minimum) Maximum building height 35 feet 35 feet Maximum lot coverage 35% 35% Green space 35% 38% Setbacks R-1 zoning district requirements Applicant s proposal Front 25 feet 15 feet (zero-lot line for side load garages or living area only) * Rear 15 feet 15 feet Side (Interior) 10 feet 10 feet/0 feet* Side (Corner) 25 feet 25 feet

Parcel 19 North (Lakewood) Staff Report Page 5 Vegetation/environmental preservation. Proposed relocated vegetation Required 25% upland preservation Tree protection requirements Wetlands Gopher tortoise(s) located on site Existing exotic vegetation None existing (all agricultural land) n/a None Yes (9.4 acres) None located To be removed Landscaping. Minimum requirements Applicant s proposal Percentage of native plant material 50% Not provided** Stormwater management. Satisfies Town of Jupiter requirements Yes Traffic. Satisfies PBC TPS/Town of Jupiter TPS Average daily trips Total PUD as proposed Subject property [Northern portion of the Parcel 19 PUD as proposed less the JCC golf facilities and clubhouse] Under Review 10,873 trips (1,235 trips more than the 9,638 trips permitted by the FLUM; 1,930 trips more than the 8,943 trips permitted by the uses in the approved PUD)*** 5,354 trips Architectural Applicant s proposal Building colors/type of construction Wall (stucco) Tan (3 variations)**** Trim White Shutters Green, white, or black Front doors Wood Roof (barrel tile) Red-colored terra cotta (3 variations) **** Pedestrian amenities. Residential open space requirements Pedestrian amenity Applicant s proposal requirements Benches (1/25,000 sf of lot area) 18 Not provided** Trash receptacles (1/50,000 sf of lot area) 9 Not provided** Bicycle racks (1/75,000 sf of lot area) 6 Not provided** * Waivers to the land development regulations have been requested ** Information needed, but not provided in application ***Applicant has requested a Comprehensive Plan amendment to increase the trip cap ****Does not meet architectural monotony restriction standards

Parcel 19 North (Lakewood) Staff Report Page 6 Background/history. Background/history: The subject property is the northern portion of an 857.7 acre PUD (aka Parcel 19), which includes the Jupiter Country Club community located south of Indiantown Road. The original Parcel 19 PUD and site plan (Ordinance 17-04 and Resolution 37-04) were approved on July 20, 2004. Prior to that, on November 18, 2003, Ordinance 12-03 approved a Future Land Use Map amendment and Future Land Use text amendment related to the Parcel 19 property. Ordinance 12-03 included a text amendment allowing PUDs to have a variety of residential types (duplexes, zero-lot-line, townhome, garden apartment and efficiency apartment dwelling units) within the Low Density Residential land use designation. It also limited the subject property to 9,638 new external daily vehicular trips. The PUD for the subject property (the northern 259.6 acre portion of the PUD) included: a 230 room resort hotel, 50 timeshare units, 48 multifamily units, 25,000 sf retail, 25,000 office, and an 18-hole golf course. The subject property was purchased in 2011 by Jupiter 19 Park, LLC., with the primary intention of developing a 350 zero-lot line subdivision. The southern portion of the overall PUD (aka Jupiter Country Club) will not be altered by the proposed PUD amendment request. However, it will allow the last pod to be developed prior to the development of the commercial parcel on the north side of Indiantown Road, if Condition #24 of Ordinance 17-04 is amended. Jupiter Country Club is owned by Toll Brothers. Toll Brothers is objecting to the proposed applications as it relates to the Declaration of Restrictions that encumber the subject property (Attachment C). The applicant has been asked to coordinate with Toll Brothers; however, other than forwarding them the application and proposed plans, no coordination has occurred at this time. The proposed FLUM amendment and rezoning, which will result in the elimination of a total of 21.3+/- acres of Bioscience Research Protection Overlay land from the subject properties, was recommended for approval at the May 17, 2012 meeting of the Palm Beach Bioscience Land Protection Advisory Board. However, the Advisory Board s recommendation was based on commitments in an April 30, 2012 (Attachment G of the FLUM/Zoning Amendment Staff Report) letter from the applicant that states that approximately 112,500 square feet (sf) of research and development use and 37,500 sf of office use (for a total of 150,000 sf) are proposed on the remaining 14.1+/- acres assigned with the Overlay. The letter also states all buildings will be built to bioscience specifications to allow easy conversion at some time in the future to a bioscience use. Staff supported the applicant s proposed amendment in front of the Advisory Board with the caveat that the Town would be requesting that additional land be designated with the Overlay as part of the overall proposed site plan. The applicant has not agreed to designate any additional land with the overlay. Since then the applicant has reduced the proposed amount of Research and Development by 47,000 sf. If the Town Council were to agree to the reduced amount of 103,000 sf, the application would need to be reviewed again by the Bioscience Land Protection Advisory Board due to the significant reduction in the commitment to research and development uses. Concurrent with the PUD and site plan applications, the applicant is also processing: A Future Land Use Map (FLUM) amendment to change a 25.1+/- acre property within the middle of the subject site from Commercial with the Bioscience Research Protection Overlay to Low Density Residential; and to change a 3.8+/-

Parcel 19 North (Lakewood) Staff Report Page 7 acre property located along Indiantown Road and the Florida Turnpike from Low Density Residential to Commercial with the Bioscience Research Protection Overlay (PZ #12-098); and A Zoning Map amendment to change a 25.1+/- acre property within the middle of the subject site from Commercial, General (C-2) to Residential, Single-family (R- 1), and to change a 3.8+/- acre property located along Indiantown Road and the Florida Turnpike from R-1 to C-2 (PZ #12-099). The FLUM and Zoning map amendments are detailed in a separate staff report. A number of supporting documents, including the location map, current and proposed FLUM and Zoning maps, Bio-Science/R&D commitment letter, Conceptual Review summary and minutes, applicant response to insufficiency issues, and infrastructure availability staff analysis. In order to reduce redundancy, these documents are not attached to this staff report and are incorporated by reference (see Attachments A N under separate cover in the FLUM and Zoning amendment staff report [PZ #12-098 and 099]). Analysis. This section analyzes the land development regulations and notes the application s inability to satisfy applicable development provisions of the Town Code and Comprehensive Land Use Plan (CLUP). The recommendation for denial is based on the analysis as follows: Comprehensive Plan consistency. Staff finds the proposed Comprehensive Plan Future Land Use Map (FLUM), FLUM daily traffic trip cap revision and Zoning Map amendments are inconsistent with the goals, objectives and policies of the Town s Comprehensive Plan. Staff has recommended that the Planning and Zoning Commission, acting as the Town s Local Planning Agency (LPA), recommend that the Town Council deny the proposed FLUM, FLUM daily trip cap revision and Zoning Map amendments. Staff s recommendation of denial of the proposed FLUM, FLUM daily trip cap revision and Zoning Map amendments is based on the analysis in the FLUM and Zoning Amendment staff report (please refer to FLUM/Zoning amendment staff report [PZ #12-098 and 099]). Planned unit development (PUD). The application is not in conformance with the PUD section of the code. Specifically, the proposal reduces/eliminates the approved substantial public benefits and does not provide adequate new/replacement public benefits. The applicant is requesting an amendment to an approved PUD to provide for 350 zero-lot line, single-family residential units on 227.7 acres and a 14.1-acre commercial parcel adjacent to Indiantown Road. The proposed PUD amendment also requests to: Modify Ordinance No. 17-04 by eliminating three conditions of approval; Add one new PUD waiver to reduce setback requirements for generators; and Use of several waivers granted to the overall PUD to allow for the increased residential intensity on the northern parcel.

Parcel 19 North (Lakewood) Staff Report Page 8 The applicant proposes one public benefit to justify the new PUD waiver request (see below). PUD Public Benefits. The proposed application does not provide adequate substantial public benefit and is not consistent with public benefits approved for Ordinance #17-04. Pursuant to Section 27-892(a)(5)(b), public benefits are required to justify the impact of approving waivers within a PUD. Pursuant to Sec. 27-965, entitled Waiver of standard zoning regulations, the Town Council may waive the requirements of standard zoning regulations when the spirit and intent of the zoning regulations are complied with in the total development of the PUD. The proposal is reducing or deleting several existing public benefits and creating increased impacts compared to the previous Parcel 19 PUD approval (e.g., increased trips on Indiantown Road; increased number of low-density residential units requiring additional municipal services). The applicant is also utilizing waivers previously approved by Ordinance 17-4 to support the additional residential units proposed. Thus, the proposal is increasing the amount of the waivers, reducing the amount of approved public benefits, and not providing enough additional public benefits to justify the PUD amendment. Staff supports the one public benefit provided by the applicant, but believes it falls far short of providing substantial public benefit for the cumulative impacts of the PUD amendment. Applicant s public benefit: Construction of a 921 foot path connecting two trailheads from Taylor Road trailhead to the trailhead located just west of Riverbend Park s main entrance along the north side of Indiantown Road. The applicant is proposing to provide the fill needed for the path from the excavation of the lakes on the subject property and will build the path. The applicant also implied that the proposed Bio-Science Research & Development component provides a public benefit, but did not include this in the statement of use. Also, the applicant is not providing any guarantee that the R&D portion of the site will be constructed, and is not tying completion of the 350 residential units to construction of the commercial portion of the site as was done in the previous Parcel 19 PUD approval. The applicant did not address what minimum timeframe the R&D use and/or tenants would need to be maintained in order for the applicant to fulfill his commitment to provide R&D usage or how this obligation could be implemented or monitored over time. Approved Public Benefit Traffic Cap: Per Ordinance #12-03 (which approved the FLUM amendment for Parcel 19) the applicant agreed to a voluntary cap on the total new vehicular trips resulting from the project. The voluntary reduction is consistent with the Town s Indiantown Road traffic mitigation strategies and Jupiter Area Study related to build out, and was proposed as a mitigation strategy which has been relied on for planning the needed improvements to maintain LOS standards on Indiantown Road per the Comprehensive Plan. Staff comment: The proposed Comprehensive Plan amendment application accompanying the PUD and site plan proposal is requesting to increase the approved trip cap to meet the needs of the proposed project. The proposed trip cap based on the applicant s most recent traffic study is 10,873 new daily trips. The trip cap approved in Ordinance #12-03 is 9,638 new daily trips. The net increase in trips will be 1,235 new daily trips over the current trip cap. (The land uses in the Parcel 19 PUD/Site Plan

Parcel 19 North (Lakewood) Staff Report Page 9 approved in 2004 would have generated 9,258 trips, which using today s TPS standards would only generate 8,943 trips, which is 1,930 less than the number of trips proposed by the PUD amendment.) The total increase in traffic between the approved and proposed PUD will result in a 22 percent increase. Therefore, the public benefit provided by the approved trip cap will be eliminated by the proposed amendment. The applicant has not adequately justified why this public benefit should be reduced/eliminated to accommodate the proposed project, especially since the bulk of the trip increase is needed to allow the increased number of residential units. The latest proposal reduces the amount of Bioscience/R&D use from 150,000 square feet to 103,000 square feet in the resubmittal. The latest proposal includes a highway-oriented hotel, which does not provide services for the residential community to help internalize trips, but adds a new destination use that will encourage additional trips from outside the community. The latest proposal reduces the amount of community serving commercial, which was a strategy used to justify the approval of the original PUD by providing uses to capture trips form the western community, Jupiter Country Club, highway users, and subject property residents to reduce trip lengths and the number of trips traveling further east on Indiantown Road. At the conceptual review of the proposal (see Attachment H of the FLUM/Zoning Amendment Staff Report), Town Council stated that it would be willing to adjust the trip cap if a substantial public benefit was provided. Town Council stated it would not increase the cap simply to allow more residential units. Approved Public Benefit Low Density: The PUD density was approved at 0.87 residential units per acre. The extremely low density of the Parcel 19 project was listed as a public benefit that also reduced demand on other Town services, such as parks and recreation, water, sewer, drainage, etc. Staff comment: With the addition of 302 net residential units to the north parcel, the proposed residential density will increase from 0.87 to 1.13 residential units per acre. Therefore, the extent of this public benefit is reduced and demand on Town services increased, while the type of development (single-family residential) does not produce as much in taxes for the amount of service demand compared to other uses. The proposal will create an increased impact on the Town s services and facilities not anticipated when the original development order was approved. Approved Public Benefit Golf Course as Buffer: In addition to the 125 foot wide PUD buffer, the approved PUD plan incorporated a significant golf course corridor which provided further buffer protection to the Wild and Scenic River corridor. Staff Comment: The previously approved golf course would have created a larger setback from buildings than would typically be required, in effect providing a greater visual buffer to the river lands to the west and north. In addition, lighting impacts from a housing development will be greater than from a golf course. Removal of the golf course component reduces the public benefits. Modifications to Ordinance No. 17-04. Ordinance No. 17-04 approved the overall PUD for Parcel 19 in 2004. The applicant is requesting a modification to eliminate the following three conditions (#22, 23, and 24) of approval as part of the subject PUD amendment. 22) Exterior site lighting shall be limited as follows:

Parcel 19 North (Lakewood) Staff Report Page 10 a. No exterior site lighting within the north parcel shall be permitted within 300 feet of the north and west property lines other than lighting required for Indiantown Road improvements and water control structures. b. Lighting associated with accessory use buildings shall be the only lighting permitted between 300 and 600 feet of the north and west property lines within the northern parcel. c. All exterior site lighting within the north parcel shall be designed to minimize glare and light spillage, and shall be shielded from buffers and natural areas to the greatest extent practicable. 23) No principal use building within the northern parcel shall be permitted within 600 feet of the northern and western property lines. Staff comment: Conditions No. 22 and 23 provide the adjacent river corridor/natural areas protection from the potential light pollution and visual impacts of development. Because the majority of the northern portion of the PUD was originally golf course, light pollution and visual impacts on the surrounding natural areas would have been minimal. The primary concern at the time was the impact of light from and the visibility of the proposed four story resort hotel. Although the subject proposal replaces the resort hotel with a highway oriented hotel located near Indiantown Road and the Turnpike, the proposal includes 350 zero lot line single-family residential lots (of which 54 lots are 300 feet and a total of 121 lots are 600 feet from the property boundary) instead of 48 multi-family units and 50 timeshares located further than 600 feet from the project boundaries. While the proposed 125 foot wide PUD buffers with five to 15 feet high berms may mitigate some light intrusion and visual impacts, the elimination of Conditions No. 22 and 23 may create some light and visual impacts on the surrounding natural areas. Therefore, staff requested the applicant to get input from local environmental organizations on the project and its potential impacts. No information has been received to date. 24) No more than six site plans for individual residential pods shall be approved, and/or 585 residential building permits shall be issued prior to the issuance of a building permit for the last commercial building in Pod J. Staff comment: Condition No. 24 was provided to ensure that the commercial portion of the original project was completed before all of the residential units were constructed. The condition limited the amount of residential pods and residential building permits that could be issued prior to development of the commercial parcel northwest of Indiantown Road and the Turnpike. Six pods have been approved in the southern portion (Jupiter Country Club) of the PUD. One residential pod remains unapproved in the Jupiter Country Club. In addition, none of the proposed 350 zero lot line single family homes on the subject property would be allowed without elimination or revision of Condition No. 24. The applicant has requested elimination of this condition to allow the proposal to be developed and to allow for market flexibility. The applicant has not provided any assurances that the commercial (especially the Bio-Science/R&D) component will ever be developed. If there is no condition of approval or other assurance provided, it is possible that all 350 residential units may be constructed and the Bio-Science/R&D and/or other commercial uses may never be built. In that case, the developer would profit from completion of the entire residential development, while the Town may not benefit from the nonresidential portion of the development (which remains the most important aspect of the

Parcel 19 North (Lakewood) Staff Report Page 11 proposed development from the Town s perspective to meet the Town s strong local economy strategic priority, especially job creation and support of biotech/research and development). PUD Waivers. Town Council may approve waivers within a Planned Unit Development (PUD), pursuant to Section 27-892(a)(2) and (b) and Sec. 27-965. The Owner is requesting use of four of the eight waivers previously approved for the PUD. The waivers were previously granted because the applicant provided sufficient public benefits to justify their use. The public benefits provided are being reduced and are being used for more dwelling units than anticipated by the current application (detailed in Public Benefit section above). Approved Parcel 19 PUD waivers: The following waivers, granted as part of the original PUD approval, will be utilized by the subject application: The use of unit types other than single-family detached, including multi-family (condominiums and villas) and zero-lot line units. A reduction in the minimum lot size for single-family lots from the required 10,000 square feet, to a minimum of 6,500 square feet. A reduction to the minimum lot width for single-family units from 75 to 50 minimum. A reduction to the minimum front setback for zero-lot line units from 25 to 15 for side load garages or living area. If approved, using these waivers will allow the design and construction of a 350 unit zero-lot line development with smaller lots and setbacks than those allowed under the R- 1 zoning district. Without these waivers, the applicant would have to increase lot sizes and reduce lake areas to provide as many units on the subject property. The waivers allow for a more intense development, including increased vehicle trips on Indiantown Road and increased impacts on public facilities and services (e.g., police, fire, water, sewer). Additional public benefits should be provided to justify extending these waivers to a greater portion of the PUD than was approved with the original development order. The new public benefit provided (the trail head connection) is inadequate to meet the expansion of the previous waivers to allow additional intensity not anticipated as part of the initial PUD approval, and does not make up for the reduction to previously provided public benefits. New Waiver Request: The Owner is also requesting one additional waiver from the code to allow generators within the required side setbacks, as follows: 1) Waiver Request: Reduction of the 10 feet setback requirement to allow generators in the side setback. Staff Comment: Generators are required to meet the setback of the primary structure. The generators will be located adjacent to the zero-lot line side wall of the neighboring structure. Based on the floor plans, the generators will be located near laundry rooms, bathrooms, and storage areas, not living quarters. Since generators are typically used in emergency situations only and every unit in the development will be provided with its own generator, the impact upon the neighboring unit should be minimal. Staff does not have an issue with this waiver

Parcel 19 North (Lakewood) Staff Report Page 12 request. The public benefit provided seems adequate to justify the generator setback waiver. Traffic and transportation improvements. The proposed application is not consistent with the build-out condition contained in the Jupiter Area Study. The proposed amendment to increase the trip cap is not consistent with Objective 3.6 and Policies 3.6.1 and 3.6.2 of the Transportation Element of the Comprehensive Plan. The proposed revision to the overall PUD will generate 10,873 new average daily trips, 899 new AM peak hour trips, and 932 new PM peak hour trips. The approved PUD/site plan net daily traffic trip total is 8,943. The proposed development results in 1,930 more daily traffic trips than the approved PUD (a 22 percent increase). The proposed development results in 1,235 more daily traffic trips than the existing 9,638 trip cap, which was a public benefit in the approval of the original PUD. No additional public benefits are proposed to counter the loss to the existing trip cap provided as a Jupiter Area Study mitigation strategy. The proposal will generate 5,354 average daily trips for the subject (northern) parcel, 482 new AM peak hour trips, and 461 new PM peak hour trips. The Town s Traffic Engineer has stated that the subject petition will cause some failures to traffic links and signals on Indiantown Road (See Attachment D. Town Traffic Engineer Comments). The County s concurrency process has certain limitations. As an example, the critical movement analysis (CMA) methodology used to determine intersection function is based on an earlier version of the Highway Capacity Manual. The Town believes an operational analysis using recognized software more accurately portrays the existing and future conditions. Additionally, in an arterial analysis which determines LOS by average speed, altering the boundaries of the arterial will have an impact on whether the links pass or fail. Accordingly, while the project may be able to receive a traffic concurrency certificate from Palm Beach County, the critical links and intersections impacted by this project are near failing or have failed. The proposed application has been resubmitted to Palm Beach County for traffic concurrency approval. The project has not received TPS approval at this time. No traffic mitigation has been proposed. The applicant s traffic consultant continues to disagree on the Town Traffic Engineer s position on the parameters of the area to include in the traffic analysis. The Town, the applicant, and Palm Beach County Traffic Engineering are continuing to communicate to try to resolve issues with the traffic analysis. Site plan. The proposed development is not in conformance with the requirements of Chapter 27 of the Town Code. Use of PUD waivers from the original PUD are proposed to allow the zero-lot line community to be built. Also, a new waiver has been requested to allow generators to be placed within the side setbacks instead of meeting the 10 foot principal building setback. If the FLUM, zoning, and PUD amendments are supported by the Town Council, staff will need to conduct a thorough review of the site plan. Some issues staff has noted with the proposed site plan include: Cul-de-sacs exceed code (Section 25-187) required lengths. Recreation land dedication or fee in lieu requirements.

Parcel 19 North (Lakewood) Staff Report Page 13 Details (including architecture and site layout) for the community pool and recreation building have not been provided. Parking for the community pool and recreation building has not been analyzed. No pedestrian amenities or neighborhood park amenities are shown. Gatehouse and entranceway details are needed. No lighting plan or lighting mitigation details provided. Architecture and structures. The proposed development is not in conformance with Chapter 25, Division 5, entitled "Architectural and community appearance standards." The minimal variety of elevations and floor plans proposed do not meet the intent of the architectural and community appearance standards. The Town Council can require additional floor plans and elevations in order to satisfy the monotony restrictions (Section 25-289) of the Town s Architectural and Community Appearance Standards (Chapter 25, Division 5, Sections 25-281-290). It is staff s opinion that the six proposed elevations (three floor plans with two elevation options each) will not provide a sufficient amount of variation to satisfy the Town s monotony restriction requirements. All 350 units are the same product type (zero-lot line, single-family residential), and the site plan consists of long culde-sacs with 55 and 65 foot wide lots. Based on the Town s community appearance code requirements, staff continues to recommend providing additional floor plans and elevations. Also of note, only three (tan) wall colors and three (terra cotta) roof color options have been provided. In response to staff s concern that the project will not meet the Town s monotony restriction requirements, the applicant responded that: [Provision of] six elevations for only 350 units is adequate and is consistent with the monotony restrictions. The proposed architecture is in keeping with the developer s desire to provide a more reasonable priced unit to cater to an increased population that no longer has large expendable income or the ability to qualify for a large home loan and a consumer focused on value, as well as quality of life. No additional elevations or floor plans were provided. Staff remains concerned that a limited number of elevation options are available, and most of the 350 zero-lot line, single-family residential houses are located on long cul-de-sacs. For example, Parcel P is a fairly straight 1,400 foot long cul-desac with at least 23 homes in a row on each side of the road. As a comparison, Pod E is the only zero-lot line pod approved within the Jupiter Country Club development and has 120 units. Pod E was initially approved with a total of eight elevation options. Resolution #48-09, which approved Pod E, included a condition of approval that prohibited the same building elevations, floor plan and/or building wall color to be used adjacent to one another or across the street from one another. In addition, because the lack of proposed architectural diversity, a condition was added to revise the elevations to provide alternative materials for each plan (i.e., stone, different roof tiles, etc.). 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 applicant has not satisfied 6 of the 12 criteria. The criteria that are not satisfied are: 1. The proposed development is consistent with the goals, objectives and policies of the Town of Jupiter Comprehensive Plan.

Parcel 19 North (Lakewood) Staff Report Page 14 Staff comment: The application does not meet Comprehensive Plan policies as discussed above, and in the concurrent FLUM and Zoning staff report. 3. Is the application consistent with all applicable land development regulations and all other portions of the Jupiter Town Code. Staff comment: The application does not meet the following land development regulations and Town Code sections: o PUD requirements substantial public benefits not provided (Section 27-891(b)) o Site plan requirements waivers needed for several dimensional requirements; pedestrian amenities not provided (Chapter 27, entitled Zoning ), o Engineering standards cul-de-sac design does not meet standards (Chapter 25, entitled Subdivision and Land Improvement Regulations ), or o Architectural monotony standards minimal number of elevations and floor plans (Chapter 25, Division 5, entitled "Architectural and community appearance standards"). 5. The proposed development does not create or excessively increase traffic congestion or otherwise affect public safety. Staff comment: The application will increase traffic congestion since it will increase the amount of trips in this area, and is not proposing any mitigation for the increase in traffic. The Town s traffic engineer has reviewed the applicant s traffic analysis, and is continuing to discuss disagreements over the methodology with both the applicant and Palm Beach County Traffic. 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. Staff comment: The application will impact the transportation level of service. The Town s traffic engineer has reviewed the applicant s traffic analysis, and is continuing to discuss disagreements over the methodology with both the applicant and Palm Beach County Traffic. The Town must review for build-out per the Comprehensive Plan, and the intersection at Island Way will fail at build out due to the increased intensity of an additional 1,930 trips from the proposal. No mitigation has been included as part of the proposal. Police service will be provided by the Jupiter Police Department. A general industry standard for law enforcement services is 2.2 uniformed officers per 1,000 population. To maintain this standard with the Town s 2012 Florida Bureau of Economic and Business Research total permanent population estimate of 56,337 residents, the police department would need to maintain 121 uniformed officers (2.2 x 56,337/1,000). As of the date of this report, the police department has 109 full-time officers, and therefore is under the general industry standard. Assigning the subject property with the Low Density Residential land use designation for the concurrent 350 single family units, will result in further degradation of the stated standard. 11. The proposed development does not negatively impact adjacent natural systems or public facilities, such as parks. Staff comment: The application may have visual and lighting impacts on the adjacent natural area and wild and scenic river. The Town has requested documentation showing that local environmental organizations familiar with the

Parcel 19 North (Lakewood) Staff Report Page 15 original PUD are not opposed to the amendments. No documentation has been submitted. 12. The proposed development provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking. Staff comment: The site plan does not show the location of pedestrian amenities. Concluding statement. Based upon the above findings, staff recommends denial of the proposed PUD amendment and site plan. Attachments. Attachment A Disclosure of Ownership forms Attachment B Statement of Use Attachment C Toll Brothers letters of opposition Attachment D Town Traffic Engineer Comments Under separate cover Master plan, site plans, landscape plans, architectural plans and elevations. Traffic Analysis is available on the Town s website at: http://www.jupiter.fl.us/agendacenter/regular-meetings-5 K:\Staff\WP51\Signature - P&Z\Lakewood PUD_site plan\staff report.02.07.13.doc February 8, 2013

Lakewood (Parcel 19 North) Statement of Use PUD & Site Plan Amendment May 14, 2012 REVISED: January 29, 2013 REQUEST Gentile Glas Holloway O'Mahoney & Associates, Inc. as agent for the applicant is requesting a PUD and Site Plan Amendment to allow for 350 dwelling units, 103,000 SF of Research & Development, 3,000 SF of Gas Station/Convenience Store with 10 fueling pumps, 6,000 SF of restaurant, and a 100 room hotel on approximately 259.6 acres within the northern half of Parcel 19. This request includes one waiver from section 27-1119(c)(2) to permit a generator outside the primary building setback. The applicant is also requesting to eliminate or modify Condition(s) # 22, 23, and 24 from Ordinance 17-04. Condition #22 from 17-04 requires that lighting be prohibited within 300 feet of the west and north property boundary. Several of the proposed lots encroach into this setback and the back porch lights may be in conflict with this provision. It is the applicant s intent to still minimize glare and spillage and prohibit visibility of the light source in this zone. As proposed no street lighting is within this setback. Condition #23 from 17-04 requires that no principal building be located within 600 feet of the west and north property boundary. The primary point of this condition was to keep the proposed five story hotel from being seen by people canoeing on the river or hiking the trails in the adjacent park. The proposed residential structures encroaching into setback are single-story and would not create a visual impact of the adjacent park. Condition #24 from 17-04 prohibits no more than 6 site plans for residential pods shall be approved until the issuance of the last building permit for pod J has been issued. The commercial portion of the original plan was approved in 2004. The primary intent of this condition was to force the market to provide commercial uses that would provide goods and services to the adjacent community. In 2007 those assumptions regarding the site and the development changed, and for the last five years the commercial portion of the site sat vacant as has most of the approved residential. The Town s aspiration for more bio-science related uses has also changed, and we feel that eliminating this condition will allow the market enough flexibility to develop these desired uses in an appropriate and sustainable time-frame, rather than forcing development that may not be sustainable at this time. The site is located at the northwest corner of Indiantown Road and the Florida Turnpike. The PUD and Site Plan Amendment is concurrent with a Future Land Use Map Amendment and Rezoning on a 25.08 acre portion and a 3.81 acre portion of the 259.6 acre parcel. As noted, this site is part of the overall Parcel 19 PUD, which was approved by the Town Council in 2004 (Ord. 17-04) and is located along the north and south side of Indiantown Road, just west of the Florida Turnpike. Again the overall intent will be to develop the site with approximately 350 single-family dwelling units, and 103,000 SF of Research & Development, 3,000 SF of Gas Station/Convenience Store with 10 fueling pumps, 6,000 SF of restaurant, and a 100 room hotel.

Lakewood (Parcel 19 North) PUD and Site Plan Amendment Narrative 1/29/13 Page 2 of 5 BACKGROUND The Parcel 19 PUD was originally approved by the Town Council on July 20 th 2004, by Ordinance 17-04. At that time the applicant was Communities Finance Corporation, whose parent company was WCI Communities. As initially approved the PUD was approved with 780 dwelling units, 50 timeshare units, a 230 room hotel, golf club facilities (public and private) 25,000SF of retail and 25,000SF of office space. The vast majority of the residential units were allocated on the portion of the PUD located south of Indiantown Road with approximately 48 units of multi-family and 50 timeshare units were to be built on the north side of the PUD. Toll Brothers purchased the southern portion of the PUD from WCI along with portions of the north side of the PUD. The northern portions of the land controlled by Toll Brothers are primarily used for the Golf Maintenance Facility, the temporary Golf Clubhouse and a small portion of the golf course. The rest of the north side of the PUD has continued to remain vacant. In 2006, IHP Investment Fund III (aka Toll Brothers) received approval by the Town Council for 216 single family units, and approximately 166 multi-family units within 5 residential pods. (Res.7-06) After several amendments to the PUD and an additional site plan for a residential pod on the south side, the PUD is currently approved for 444 single-family units and 149 multi-family units. Toll Brothers has only one residential pod, Parcel D, remaining that has not received site plan approval. Subsequent to these approvals, in 2006, the Town Council, as part of its coordinated effort with other municipalities in the northern end of Palm Beach County to bring the Florida Scripps Research Institute to the area, adopted the Bio-Science Research Protection Overlay. The Overlay was done as a means of protecting/reserving land suitable for the development of other associated bio-research or bio-medical industries. (ORD 35-06 & 44-07) While the north side of Parcel 19 was put into the Bio-Science Research Protection Overlay, no other modifications to the uses permitted in the PUD were ever made, so no specific square footage was ever assigned to research & development (R&D)/office as a component of developing bio-science within the Parcel 19 PUD. As proposed, in addition to the residential units, the applicant intends to specifically reserve approximately 103,000SF of R&D, and has further stated in a letter dated April 30, 2012, the developer s agent (Gentile Glas Holloway O Mahoney & Associates, Inc.) confirmed that within the proposed commercial portions of the project site, previously referred to as Parcel J, all planned square footage for the bio-science/r&d will be built to bio-science specifications to allow easy conversion at some time in the future for a bio-science use. As 2007 came to an end, the global financial markets began their downward spiral and further development on this site ceased. The previous owners (WCI) went into bankruptcy and with the exception of Toll Brother s golf activities on the northern side of the PUD, the property has remained vacant and underutilized. The Scripps Research Institute, while once eyeing this site for future development, developed within the Abacoa community and is now planning to utilize more property within the Briger DRI on the south side of Donald Ross Road. Within the last 12 months the applicant purchased the north side of the Parcel 19 PUD property with the intent of developing a residential community and an R&D component. In order to develop the property as proposed, the applicant has multiple requests to support the project. As mentioned concurrent with the PUD and Site Plan Amendment, the subject property must amend the future land use designation for 2 portions of the site. When the previous project was approved a hotel use was proposed to be centrally located within the Parcel 19 PUD s north side. The 25.08 acre area reserved for the hotel was designated with a future land use of Commercial, and given a C-2, General Commercial zoning district. Furthermore a 3.81 acre area surrounding the site s other commercial area was left with a future land use designation of Low-Density Residential and a zoning district of R-1 single-family residential. It is the intent now to consolidate the non-residential uses within the southeast corner of the site and develop the rest of the property with the residential uses, consistent with the existing development pattern of the approved PUD. Thus the request to amend the current approval of the 230 room hotel, 25,000SF of retail, 25,000SF of office space, 48 units of multi-family and 50 timeshare units, to allow 350 dwelling units, 103,000 SF of research & development, 3,000 SF for a gas station/convenience store with 10 fuel pumps, a 6,000 SF restaurant and a 100 room hotel. In addition, because the property is located in the Bio-Science Research Protection Overlay, the applicant had requested removal from the overlay for all portions of the property except the existing and newly proposed non-residential areas on the southeast portion of the site, as the intent is to encourage and promote this area of the site for future bio-science industry. On May 17, 2012, the Bio-Science Land Protection Advisory Board (BLPAB) unanimously recommended approval of removing K:\Staff\WP51\Signature - P&Z\Lakewood PUD_site plan\attachments\attachment B Statement of Use PUD_SP.doc