PALM BEACH COUNTY PLANNING, ZONING AND ...BCC January 5, 2006 Page 548 Application No. PDD/R/W2005-1174 BCC District 6 Control No. 2005-394 Project No. 05168-000 PALM BEACH COUNTY

BCC January 5, 2006 Page 548 Application No. PDD/R/W2005-1174 BCC District 6 Control No. 2005-394 Project No. 05168-000

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION

Application No.: PDD/R/W2005-1174 Control No.: 2005-394 Applicant: Palm Beach Aggregates, Inc. Owner: Palm Beach Aggregates, Inc. Agent: Kilday & Associates, Inc. Telephone No.: (561) 689-5522 Project Manager: Eric McClellan, Senior Site Planner ______________________________________________________________________ Location: Approximately 1.5 miles west of Seminole Pratt Whitney Road on the north side of Southern Boulevard (Highland Dunes PUD). ______________________________________________________________________ Title: Official Zoning Map Amendment to a Planned Development District. Request: Rezoning from the Specialized Agriculture (SA) Zoning District to the Residential Planned Unit Development (PUD) District. Title: Waiver. Request: To allow a school, secondary or elementary. Title: Requested Use. Request: To allow deviation from cul-de-sac and dead-end restrictions. ______________________________________________________________________ APPLICATION SUMMARY: Proposed is the rezoning of 1,209.96 acres of land from the Specialized Agriculture (SA) Zoning District to the Residential Planned Unit Development (PUD) District to allow for the development of 2,000 dwelling units at a gross density of 1.65 dwelling units per acre. The property is currently approved for commercial (Type III B) excavation as part of the 4,051.07-acre Palm Beach Aggregates excavation, hydro-storage and power plant site. The proposed site plan indicates 1,140 single family dwelling units; 860 zero lot line dwelling units; a 15.77-acre civic site to accommodate the future development of an elementary or secondary school for 970 students; an additional 24.23-acre public civic site; 2 recreation areas totaling 13.61 acres; a 5.68-acre commercial pod to accommodate 30,000 to 50,000 square feet of mixed commercial uses; a 50-foot wide public trail network consisting of 33.54 acres; a 96.51-acre lake; and multiple open space and satellite recreation areas totaling 364.65 acres. The applicant is also requesting a waiver to allow more than 25 percent of the proposed internal streets to terminate in a cul-de-sac or dead-end. Access to the site will be from Southern Boulevard (SR 80) with future cross access to the adjacent property to the east. ______________________________________________________________________ ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the application and determined that the requests are consistent with the site’s Low Residential 2 (LR-2) Future Land Use (FLU) designation as assigned by the Palm Beach County Comprehensive Plan, including minimum and maximum requirements for intensity and density of development. The site was previously the subject of a FLU Amendment (LGA2004-00047, Palm Beach Aggregates II, Ordinance 2004-066) from Rural Residential 10 (RR-10) to LR-2. That request was approved by the Board of County Commissioners (BCC) on December 13, 2004, subject to 6 conditions of approval. Also at that time, the site was included within the Glades Area Protection Overlay (GAPO) and designated a Limited Urban Service Area (LUSA). See Planning Division Comments for additional information.


o Compatibility with Surrounding Land Uses To the north of the site are single-family residences within the Deer Run and White Fences subdivisions. The adjacent property to the east is undeveloped and anticipated to potentially accommodate a future employment center consisting of office and industrial uses as part of the Central Western Communities Sector Plan. To the south, across Southern Boulevard/SR 80 (220-foot wide right-of-way), is conservation land within the Village of Wellington that is owned by South Florida Water Management District and utilized for regional water management purposes. To the west, across the L-8 Canal (500-foot wide right-of-way) and a 400-foot wide wildlife corridor, is the Palm Beach Aggregates excavation site, future FPL electric power plant, and South Florida Water Management District reservoirs. The applicant is proposing substantial perimeter buffers to address potential incompatibilities with surrounding nonresidential uses. As proposed and subject to the recommended conditions of approval, staff anticipates no adverse impacts to the surrounding properties from the requests. o Traffic The Engineering Department estimates that the proposed development will generate 17,320 trips per day. To mitigate the impacts of the trips, the Engineering Department is recommending the installation of turn lanes along the frontage of Southern Boulevard; phasing of construction to coincide with planned improvements to the regional transportation network; and signalization as part of the site development program. o Landscape/Buffering The applicant is proposing a significant landscape buffer system as part of the proposed site development program. The proposed master plan provides landscape buffers ranging in width from 150 to 215 feet along the vast majority of the perimeter site boundary, which far exceeds minimum ULDC landscape buffer width requirements of 5 to 20 feet. These buffers will include earthen berms ranging from 17 to 39 feet in height; planting (canopy trees, palms, pines and shrub materials) in excess of minimum ULDC requirements; pre-cast concrete walls in strategic locations to offer screening, security and separation for the proposed residential units; and a 50-foot wide continuous public civic corridor totaling 33.54-acres and extending approximately 5 miles that will include a meandering, paved pathway on the plateau of the berm. In accordance with ULDC Article 7., the berming component of the proposed landscape program requires approval of an Alternative Landscape Plan (ALP). Staff is recommending that the ALP be submitted at time of final DRO approval to ensure consistency between the landscape plan, master/site/regulating plans, and the recommended conditions of approval. Staff is also recommending that the ALP be subject to review and approval by the Landscape Section to accommodate flexibility in the final landscape design; to ensure an appropriate quantity of landscape materials; and to achieve a landscape appearance that respects existing vegetation and character in the vicinity of the site. The master/site/regulating plans provide a 20-foot wide right-of-way landscape buffer along the Southern Boulevard frontage of the proposed public civic sites. These right-of-way buffers will be landscaped in accordance with standard ULDC regulations. o Exemplary Projects Pursuant to ULDC Article 3.E.2.A.4., the rezoning of property to the PUD district shall only be granted for projects that exceed minimum ULDC requirements, objectives and standards for a Planned Development District. Included within these criteria for exemplary design are aesthetics, creative design, mix of unit types, and the provision of affordable housing, amongst others. The proposed Master/Regulating Plans provide the following in furtherance of the PUD exemplary design objectives:

• perimeter landscape buffers far in excess of minimum ULDC width requirements and that incorporate amenities for public access and benefit;


• providing upgraded plant materials within perimeter landscape buffers; • incorporating an 8-foot wide paved pathway to provide pedestrian access

throughout the site; • designing the site in a manner that includes minimal back-to-back units and

that allows the vast majority of units to abut a landscape buffer, lake tract, and/or other open space feature;

• incorporating significant open space acreage within each residential pod; • allocating land to commercial use to serve community residents; • incorporating substantial civic uses within the proposed development program

to serve the regional population; • providing civic acreage (73.54 acres) that far exceeds the minimum ULDC

requirement (24.2 acres); • providing waterfront recreation areas with enhanced amenities to expand

potential recreation opportunities within the project; • decorative paving treatment at the point of entry from Southern Boulevard

and at other strategic locations throughout the site; • focal points within select cul-de-sac and roundabout islands; • multiple access points into select residential pods; • recreation acreage (13.61 acres) in excess of the minimum ULDC

requirement (12 acres); • incorporating an internal drainage system (i.e. 200-750 foot wide flow way)

that will perpetually hold water at a depth of approximately 11 feet and that provides a significant amenity and recreation opportunities for community residents;

• designing the 96.51-acre lake tract to include a shoreline and central island for potential non-motorized recreation opportunities;

• dispersing recreation and open space areas throughout the site to provide convenient access and opportune relationship to nearby residential units;

• providing cross-access to the adjacent property to the east; • a site grading program that may allow vertical streetscape relief and other

diverse landscapes within the development; and, • providing a percentage of open space acreage (42%) that exceeds the

minimum ULDC requirement of 40%. To further the PUD exemplary design objective, staff is recommending that the following elements be incorporated into the final site design and development:

• standard ULDC limitations on streets terminating in cul-de-sacs and/or dead-

ends; • 2 water fountains as a focal feature within the 96.51-acre lake tract; • upgraded amenities within the neighborhood recreation areas and alongside

a planned 8-foot wide pathway system; • landscape focal points within cul-de-sac islands, median islands, and at the

terminus of dead-end streets; • elimination of permitted palm substitutions for canopy trees within perimeter

landscape buffers; • centerline curvature for lengthy roadway segments within residential pods; • additional elements (shade structures, benches, trash receptacles, and

lighting fixtures) incorporated into the 50-foot wide peripheral public trail corridor; and,

• provision of attainable housing. o Waiver: Deviation from Cul-de-sac and Dead-end Restrictions Pursuant to the Planned Development District (PDD) Performance Standards of ULDC Article 3.E.1.C.2.a.5), no more than 25 percent of the local streets in a PDD shall terminate in a cul-de-sac or a dead-end unless waived by the BCC. This limitation is directly related to the purpose, intent, and design objectives of the various Planned Development Districts to promote sustainable living, encourage alternative modes of transportation, and create logical street and transportation networks. The applicant is


requesting that the BCC waive this limitation in order to accommodate the conceptual site design. The applicant’s conceptual site plan indicates that approximately 36% of all interior streets would terminate in a cul-de-sac. To justify the Waiver request, the applicant alludes to unique design considerations arising from the planned flow way drainage system. The applicant indicates that cul-de-sac lots allow the flow way to function more efficiently by allowing uninterrupted water flow. Staff has concluded that uninterrupted flows could be achieved by bridging interior roadways at flow way crossings (no different that proposed pedestrian bridges at flow way junctures), thereby contributing to exemplary design by creating intriguing streetscapes and dynamic settings. The applicant also indicates that a secondary benefit of the proposed cul-de-sac design program is additional residential lots with frontage on the flow way. Conversely, staff would contend that residential lot frontages along the flow way privatizes this feature; thereby hampering shared access to an amenity that is being designed and promoted as a communitywide asset for all community members alike to share and appreciate. The applicant sites prevailing market preferences as additional justification for the Waiver. Specifically, the applicant suggests that a direct relationship exists between a homeowner’s sense of security and the number of cul-de-sacs within the community. Conversely, staff would contend that cul-de-sacs and gated community entryways may instill a false sense of security and lull residents into complacency. The applicant also suggests that cul-de-sac lots promote a friendlier family environment; are more desirable for the modern family; are larger in size than other lot types; and are subject to less traffic. Staff would contest that cul-de-sacs may serve to interrupt social networks amongst neighboring families and households, and may possibly create twice the traffic volume along cul-de-sac lot frontages due to directional limitations and restrictions upon reaching the street terminus. Lastly, the applicant makes note that approximately 275 homes (or 13.75% of all 2,000 units) would front on a cul-de-sac street. The applicant suggests that this number is an insignificant amount when compared to the benefits the community will receive by allowing cul-de-sac lots. However, the applicant fails to qualify these benefits or address the consequences of these cul-de-sacs upon the efficiency of the interior circulation system for a site as significant as 1,209.96 acres and 2,000 dwelling units. Furthermore, denial of the Waiver request and compliance with the standard 25% limitation prescribed by the ULDC would not prohibit cul-de-sac and dead-end streets altogether; thereby preserving some design flexibility to accommodate the applicant’s design preference. For each of the foregoing reasons, staff does not support the Waiver request and prefers the secondary benefits of a more holistic, continuous and logical street network. Given the sheer size of the site; the configuration of the 1,209.96-acre property; and the physical state of the land proposed for development, staff has identified no natural constraints (i.e. existing vegetation, canal alignments, water bodies, design limitations, etc.) that prohibit compliance with the standard ULDC cul-de-sac and dead-end limitation. Furthermore, in light of the significant number of proposed residential units, staff has concluded that a more continuous and interconnected primary circulation system would promote human interaction and socialization; induce pedestrian activity, thereby contributing to healthy and sustainable community principles while offering natural surveillance to discourage criminal activity; and achieve a broader definition of personal space, thereby contributing to a strong sense of place and community across the entire 1,209.96-acre site. For all of the foregoing reasons, staff views a continuous and comprehensive interior street system as an effective tool to combat the overwhelming scale of a 1,209.96-acre planned residential environment consisting of 2,000 dwelling units. To this end, staff considers a Waiver from cul-de-sac and dead-end restrictions to defy the purpose, intent, and objectives for Planned Development Districts; compromise an efficient circulation program; and undermine a sound community-building approach for such a significant project.


o Project Analysis - Model Row The proposed master plan indicates that a model row will be located within Pod E of the proposed PUD, which is located just east of the access drive from Southern Boulevard. Pursuant to ULDC Article 3.E.1.G.3.c., a model row is permitted for planned developments with 300 or more units; shall consist of a maximum of 16 units; shall be located within a residential pod; shall be limited to the sale of units within the project only; and shall be designated on the site plan at time of approval by the Board of County Commissioners (BCC). As proposed, the model row meets all ULDC requirements. o December 1, 2005 Zoning Commission (ZC) Hearing Project Presentations - At the ZC hearing, discussion on this application began during discussion of the tandem Palm Beach Aggregates (DOA2005-1173) application. Staff provided a presentation of the project and explained the basis for recommending denial of the Waiver request. Thereafter, the applicant’s representative explained the relationship between the 2 pending applications and noted that this application would remove the subject site from future blasting activities associated with the Palm Beach Aggregates excavation approval. This representative then turned attention to the following conditions of approval:

• Architectural Review Condition 1, which addresses design requirements for various structures and amenities throughout the project. The applicant’s representative indicated that additional details may be submitted for staff’s consideration prior to the BCC public hearing. Revised language that offers additional flexibility has been included herein.

• Building and Site Design Condition 2, which recommends a limitation on cul-de-

sac and dead-end streets within each residential pod. The applicant’s representative indicated that few streets will terminate in a cul-de-sac or dead end; thereby meeting the spirit of the provision. The representative also suggested that the related ULDC limitation should be stricken and that non-compliance is a function of staff’s application of the regulation to each individual street within a project. The ZC voiced no objections to the Waiver request and remarked that an analysis of a Waiver should be based upon design and function rather than quantity. Staff has agreed to delete the related condition but will continue to oppose the Waiver request.

• Planning Conditions 5, 6 and 7 pertaining to the provision of attainable housing.

The applicant requested that the conditions be deleted since the application does not include a request for a density bonus. The ZC expressed concern with the recommendations due to the lack of established rules or guidelines in unincorporated Palm Beach County. The ZC voted 5-1 to delete the conditions and requested that the topic be the subject of a future workshop.

• Planned Unit Development Conditions 3 and 4, which would require a generator-

equipped clubhouse or similar community building on the primary recreation pods. The applicant’s representative stated that a recreation program for these pods would be discussed with staff prior to the BCC hearing in order to better evaluate the recommendations and proposed condition language. The language has been modified herein to reflect the applicant’s intended development program for the recreation pods.

• Planned Unit Development Condition 5, which establishes a phasing program for

construction within the commercial pod. The applicant’s representative requested that the condition be modified to allow for the completion of construction upon issuance of the 1,500th building permit. The ZC questioned the distance to the closest commercial center and stated that the recommendation presents a favorable scenario and reflects sound planning by keeping traffic trips off of local roadways. All parties agreed to accommodate modified language that would be acceptable to staff and the applicant prior to


the BCC hearing. The condition has been revised herein to reflect a development phasing program that is mutually agreeable.

Public Comments - Two members of the public were in attendance to speak in opposition of the application. The first individual made reference to noise associated with ongoing blasting in conjunction with the nearby Palm Beach Aggregates excavation activity. This individual also alluded to sulfuric acid releases from the future power plant and stated that heightened traffic volume will be detrimental to the structural integrity of nearby buildings. The second individual noted that the affects of the proposed development will remain unknown until long after the project’s developer has vacated the subject property. The ZC then read a letter of opposition from a member of the public into the record. ZC Action - Following public comments, the ZC asked for the measure of distance between blasting activity and the closest proposed residential building. The applicant’s representative noted that this distance would reach approximately 1.5 miles, and that no blasting would be performed on the land area located immediately on the west of the L-8 canal. The ZC then voted unanimously in support of the requests as amended. ______________________________________________________________________

TABULAR DATA

EXISTING

PROPOSED

Property Control Numbers:

00-40-43-21-00-000-5000 00-40-43-22-00-000-7000 00-40-43-27-00-000-3000 00-40-43-28-00-000-9000 00-40-43-33-00-000-1000 00-40-43-34-00-000-3000

Pending

Land Use Designation: Low Residential 2 (LR-2) Same

Zoning District: Special Agricultural (SA) Residential Planned Unit Development (PUD)

Tier: None None

Use: Excavation, Type III B

Residential, General Commercial, Elementary or Secondary School, etc.

Acreage: 1,209.96 acres Same Dwelling Units: 0 2,000 Density: 0 1.65 du/ac

Access: None Southern Boulevard (2) with cross-access to the east.

CODE ENFORCEMENT: N/A ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 1 letter in support and 1 letter in opposition to the requests from the public. No comments were provided in either letter. A letter of opposition was also submitted to the Zoning Commission and read into the record at that hearing. ______________________________________________________________________ RECOMMENDATION: Staff recommends approval of the request for an Offical Zoning Map Amendment, subject to sixty (60) conditions as indicated in Exhibit C; approval of the Requested Use to allow a school, elementary or secondary; and denial of a Waiver to allow deviation from cul-de-sac and dead-end restrictions. ______________________________________________________________________


ACTION BY THE ZONING COMMISSION: December 1, 2005: Motion to recommend approval of the requests, subject to conditions as amended, carried 6-0. MOTION: To adopt a resolution approving an Offical Zoning Map Amendement from the Specialized Agriculture Zoning District to the Residential Planned Unit Development District. MOTION: To adopt a resolution approving a Requested Use to allow a school, secondary or elementary. MOTION: To adopt a resolution denying a Waiver to allow deviation from cul-de-sac and dead-end restrictions.


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STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 2 (LR-2) Underlying Land Use: N/A CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning of 1,209.96 acres from the Special Agricultural (SA) Zoning District to the Residential Planned Unit Development (PUD) District to allow 2,000 detached residential units, a commercial pod, and a school, and determined the development proposal is appropriate for this parcel's LR-2 residential FLU designation. The site was previously the subject of a Comprehensive Plan Amendment in Round 04-2. The Board of County Commissioners adopted Amendment 2004-047 (Palm Beach Aggregates II, Ordinance 2004-066), on December 13, 2004, changing this 1,219.03 acre (1,209.96 acres based on revised survey for rezoning application) property's future land use designation from Rural Residential, one unit per 10 acres (RR-10), to Low Residential, two units per acre (LR-2), and identified the site as a Limited Urban Service Area (LUSA). The Florida Department of Community Affairs issued a Final Order that determined the amendment was in compliance on July 5th, 2005. The amendment was subject to the following conditions:

1. The subject site shall be limited to a maximum of 2,000 dwelling units and a minimum of 30,000 square feet and a maximum of 50,000 square feet of PUD-Commercial.

The applicant is proposing 2,000 dwelling units and a 5.68-acre commercial pod with 30,000 to 50,000 square feet, thereby complying with this condition.

2. Prior to Final DRO Master Plan approval, the applicant shall abandon all previous zoning approvals and mining permits on the subject site.

A concurrent Development Order Amendment for Palm Beach Aggregates (DOA2005-1173) will remove the subject site from the previous zoning approval boundaries in order to satisfy this condition.

3. Prior to Public Hearing DRO Certification, the applicant shall reserve right-of-way for potential connections to Okeechobee Blvd. on the north and shall provide interconnectivity to the adjacent site to the east if developed with an employment center.

The applicant has identified the potential Okeechobee Blvd. alignment as required by the Engineering Department, and identified potential roadway connections from the development to Okeechobee Blvd. and to the site to the east.

4. Prior to adoption of this site specific amendment and consistent with the purpose of the Glades Area Protection Overlay (GAPO), the applicant shall provide the County Attorney an executed restrictive covenant, approved by the County Attorney, which shall be recorded in the public records subsequent to the adoption of this site specific amendment, limiting the use of the property owned by the applicant or affiliated entities within the area covered by the GAPO to uses already approved by the County as listed in the application and in LU Policy 2.9-b of the GAPO. No development orders will be certified until after this restrictive covenant is recorded.

The restrictive covenant has been reviewed and recorded in Official Record Book 17900, page 257-270.


5. Prior to adoption of this site specific amendment the applicant shall provide the County Attorney an executed restrictive covenant, approved by the County Attorney, which shall be recorded in the public records subsequent to the adoption of this site specific amendment, prohibiting the property owned by the applicant or affiliated entities within the area covered by the GAPO from voluntarily annexing into a municipality, signing annexation petitions or otherwise consenting to annexation. No development orders will be certified until after this restrictive covenant is recorded.

The restrictive covenant has been reviewed and recorded in Official Record Book 17900, page 257-270.

6. Prior to Public Hearing DRO Certification, the applicant shall provide and indicate on the master plan a 50-foot wide open space trail corridor for the entire northern and western boundaries of the property that can link to the planned CWC Sector Plan integrated trail network. In addition, a PUD buffer shall be required to utilize the Rural Tier ULDC landscape buffer requirements for compatibility purposes.

The applicant has included a 50-foot trail corridor within an approximately 150 - 200 foot wide perimeter buffer that is required to utilize Rural Tier ULDC landscape buffer requirements. The maximum number of units potentially allowed on the site is calculated as follows: Maximum dwelling units allowed by LR-2 FLU with a PUD: 1209.96 ac x 2 du/ac = 2,419 units Maximum dwelling units pursuant to Ordinance 2004-066: 2,000 units Provided the site complies with PUD exemplary design standards the request for 2,000 dwelling units is consistent with Ordinance 2004-066 and the LR-2 FLU designation. The Zoning Division will address the project's compliance with exemplary design standards for a PUD. The master plan and conceptual site plan was reviewed for consistency with policies from the Future Land Use Element (FLUE) and Transportation Element (TE) that encourage vehicular and pedestrian interconnectivity both within and between sites and discourage the use of dead end streets, including FLUE Policy 4.3-g, TE Policy 1.4-g, TE Policy 1.4-h, and TE Policy 1.4-i. As previously indicated, the applicant has provided vehicular and pedestrian connections to the potential Okeechobee Blvd. extension to the north and to the site to the east. Due to existing canals, r-o-w's, and existing uses, there are no other opportunities for connections to the south and west. Staff encouraged the applicant to improve connections between pods by limiting the use of cul-de-sacs and by providing additional vehicular access points into each pod. The applicant indicates that cul-de-sacs are necessary to avoid interrupting the flow way, and are preferable for many homeowners. The site plan was also reviewed for consistency with FLUE Policy 4.3-i, TE Policy 1.9-j, TE Policy 1.9-l, and TE Policy 1.9-m, regarding placement of open space and pedestrian linkages. The applicant has provided a comprehensive pedestrian pathway network that links neighborhood parks, private recreation areas, the perimeter trail, public civic sites, and the communities' sidewalk network. Staff encouraged the applicant to relocate one of the recreation sites to the northern portion of the development after considering the distance between the dwelling units in Pod C, H, and I and the proposed recreation sites (approx. one mile). The applicant declined, noting that the perimeter trail and neighborhood parks are within a 5-10 minute walk of most residents. Based on the location of the site adjacent to the proposed Central Western Communities Sector Plan (CWCSP), Staff encouraged the applicant to include several CWCSP components within the development including: a workforce housing component


and community open space areas of at least 50 percent of the gross acreage. Staff also encouraged the applicant to improve housing diversity and distribution through the use of varied housing types, including accessory dwelling units and product types other than detached single family dwelling units. The applicant declined to incorporate these components based on their development strategy for this project. Staff has included a condition requiring 10% of the dwelling units target the workforce housing income ranges. TIER: The subject property is not located within a Tier. FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile of the Village of Wellington. As part of the public hearing notice process, Zoning Staff has notified the municipality of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject property is located within the boundaries of the Glades Area Protection Overlay (GAPO). The purpose of the GAPO shall be to protect the Agricultural Production area in the Glades from encroachment by urban uses and other uses detrimental to the viability of agricultural, conservation, and restoration activities. The area east of the L-8 canal is a designated LUSA and allows a LR-2 land use and related complementary uses approved by the BCC. FINDINGS: The request is consistent with the parcel's LR-2 land use designation of the Palm Beach County Comprehensive Plan. ______________________________________________________________________ ENGINEERING COMMENTS: MAJOR THOROUGHFARES

The PUD is expected to generate 17,320 trips per day.

TRAFFIC: Southern Boulevard SEGMENT: Project Entrance - Entrance to Lion Country Safari PRESENT: 17,904 HISTORICAL GROWTH TRAFFIC: -- OTHER DEVELOPMENT TRAFFIC: -- FROM PETITION: 15,588 TOTAL: 33,432 PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 32,700 PRESENT LANEAGE: 4 Lane

______________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently an inactive sod-farm nursery to the south and an active mining excavation to the north. The site contains no native vegetation.


WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. ______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: In accordance with adopted school concurrency, a Concurrency Determination for 2,000 deatched units has been approved on September 2, 2005 (Concurrency Case #05082304C). The subject property is located within Concurrency Service Area 10 (SAC 420F). This project is estimated to generate approximately five hundred and eighty (580) public school students. The schools currently serving this project area are Binks Forest Elementary, Wellington Landings Middle, and Wellington High. The revised Master Plan (dated 10/17/05) shows two bus shelter locations. A bus shelter condition of approval has been applied to this petition request. PARKS AND RECREATION: Based on the proposed 2,000 dwelling units 12 acres of on site recreation is required. The plan submitted indicates there will be 13.61 acres of recreation provided; therefore, the Parks and Recreation Department standards have been addressed. The Parks and Recreation Department is requesting a mid-block marked crosswalk with a flashing signal or pedestrian tunnel to connect the 24.23 civic site to the trail system located on the north side of the 80' right-of-way. CONCURRENCY: Concurrency has been approved for 2,000 detached dwelling units; 50,000 square feet of general retail use; and a elementary or secondary school with a capacity of 970 students. WATER/SEWER PROVIDER: Palm Beach County Water Utilities. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). ______________________________________________________________________ DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 1,209.96-acre site with approximately 5,842.5 feet (1.1 miles) of frontage on Southern Boulevard/SR 80; an average depth of approximately 8,667.9 feet (1.64 miles); and to be accessed by Southern Boulevard/SR 80 (2). The site is currently approved for Type III B excavation, which would be superseded upon approval of the current requests.

ADJACENT LAND USE AND ZONING:


SOUTH: FLU Designation: Village of Wellington Zoning District: Village of Wellington Supporting: Undeveloped (water management) NORTH: FLU Designation: Rural Residential 5 (RR-5) Zoning District: Agricultural Residential (AR) Supporting: Single family residential EAST: FLU Designation: Rural Residential 10 (RR-10) Zoning District: Agricultural Residential (AR) Supporting: Bona fide agriculture WEST: FLU Designation: Rural Residential 10 (RR-10) and Agricultural Production

(AP) Zoning District: Agricultural Production (AP) Supporting: Type III B Excavation and water management (additional

approval for electic power facility)

ZONING REQUIREMENTS: In accordance with the Unified Land Development Code (ULDC), a final site plan shall be approved by the Development Review Officer (DRO). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable sections of the ULDC. FINDINGS:

1. Consistent with Comprehensive Plan. The requests are consistent with

the site’s LR-2 FLU designation, as well as the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities, and intensities of use.

2. Consistent with Code. The requests are not in conflict with any portion

of the ULDC, and are consistent with the stated purpose and intent of the ULDC, with the exception of the Waiver request.

3. Supplementary Use Standards. The proposed elementary or secondary

school complies with all relevant and appropriate portions of ULDC Article 4.B, Supplementary Use Regulations, and will also be required to demonstrate compliance at time of final site plan approval.

4. Compatible with surrounding uses. As proposed and subject to the

recommended conditions of approval, the proposed development is compatible as defined in the Code and generally consistent with existing uses and zones surrounding the subject land. The requested zoning designation is an appropriate zoning district for the land.

5. Design Minimizes Adverse Impact. As proposed and subject to the

recommended conditions of approval, the design of the proposed development minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands.

6. Changed conditions. The applicant indicates that the site’s recent FLU

amendment from RR-10 to LR-2 signifies a significant change in conditions that justifies the current requests. The applicant also indicates that the proposed development reflects housing demands in Palm Beach County and will accommodate housing needs for future employees of a designated Employment Center on the adjacent land to the east.


7. Effect on Natural Environment. The site has been excavated and contains no native vegetation. There are no significant environmental issues associated with this application beyond compliance with ULDC regulations and recommended conditions of approval.

8. Development Patterns. The site is surrounded to the north by existing

residential development; to the west by ongoing excavation and a future electric power facility; to the south by conservation lands that serve regional water management purposes; and to the east by undeveloped land that is slated to accommodate a future employment center for office and industrial uses. The site is strategically located at the juncture of two significant geographic features (i.e. Southern Boulevard and the L-8 Canal), and the proposed development establishes a logical transition from existing, approved and/or anticipated uses in the vicinity of the site and on the north side of Southern Boulevard/SR 80. The proposed development also establishes both a logical terminus and density for future development and continued westward expansion. Inasmuch, the requests have no adverse impacts on a logical, timely and orderly development pattern.

9. Other Standards. The proposed development complies with all standards

imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics, with the exception of the Waiver request.

10. Consistency with Neighborhood Plan. Not applicable. 11. Adequate Public Facilities. Concurrency has been approved for 2,000

detached dwelling units; 50,000 square feet of mixed commercial uses; and an elementary or secondary school with a capacity of 970 students. The proposed rezoning and development complies with ULDC Article 2.F., Concurrency (Adequate Public Facility Standards).

______________________________________________________________________ EXHIBITS

Exhibit A: Legal Description (NA - attached to resolution)

Exhibit B: Vicinity Sketch

Exhibit C: Conditions of Approval

Exhibit D: Accident History Report


EXHIBIT C

CONDITIONS OF APPROVAL ALL PETITIONS

1. Development of the site is limited to the site design as approved by the Board of County Commissioners. The approved master plan and regulating plan are dated October 17, 2005. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING - Zoning)

ARCHITECTURAL REVIEW

1. At time of submittal for final approval by the Development Review Officer (DRO), architectural elevations for any project signage, guard/gatehouse, school bus shelter, mass transit shelter, shade structure, entry feature, pedestrian bridge, and recreation/clubhouse building shall be submitted to the Architectural Review Section. All elevations shall be:

a. designed to incorporate natural stone, wood materials, and/or other

similar style materials; b. given a similar architectural treatment to establish a common theme

for the development; c. reflected on the final regulating plan prior to final approval by the

Development Review Officer (DRO); and, d. subject to review and approval by the Architectural Review Section.

(DRO: ARCH REVIEW - Zoning) BUILDING AND SITE DESIGN

1. Prior to final approval of any site/subdivision plan(s) by the Development Review Officer (DRO), in order to interupt line of sight distances and achieve meandering streetscapes, a minimum twenty (20) foot centerline offset or acceptable alternative (i.e. roundabout, median, etc.) shall be provided in the general vicinity of the midpoint of each road section located internal to a residential pod and exceeding 800 linear feet in length. In the case of conflict with requirements of the County Engineer, this requirement may be modified as deemed necessary by the County Engineer. (DRO: ZONING - Zoning)

2. All landscape focal points shall be:

a. subject to review and approval by the Landscape Section; and, b. reflected on the regulating plan prior to final approval by the

Development Review Officer (DRO). (DRO: LANDSCAPE - Zoning)

3. Prior to final approval by the Development Review Officer (DRO), all site/subdivision plans shall indicate a landscape focal point:

a. within a central island of any cul-de-sac or roundabout; b. withinin any eyebrow island or similar median; c. in the vicinity of the road frontage of any T-intersection open space;

and, d. at the terminus of any dead-end street. (DRO: ZONING - Zoning)

4. Prior to final approval by the Development Review Officer (DRO), the

site/subdivision plans shall indicate additional decorative paving treatment (pre-cast concrete paver blocks or stamped concrete) as follows:


a. a minimum eight (8) foot wide continous band surrounding a central island within all cul-de-sacs;

b. a minimum eight (8) foot wide continous band along the perimeter of all semi cul-de-sacs, medians and/or eyebrows, to be located between adjacent residential lots only;

c. at the intersections of the internal 80-foot wide right-of-way and all access points to each pod; and,

d. the final design and location for all decorative paving treatment shall be subject to review and approval by the Zoning Division. (DRO: ZONING - Zoning)


master plan and site/subdivision plans shall indicate a minimum of two (2) fountains as focal features within the 96.51-acre lake management tract. The location of each fountain shall be subject to review and approval by the Zoning Division. (DRO: ZONING - Zoning)


site/regulating plans shall indicate upgraded recreation amenities within the required neighborhood park of each residential pod. These additional amenities shall:

a. be accessible from a minimum five (5) foot wide pathway

composed of stamped concrete, paver blocks, or other improved surface. This pathway shall have a direct connection to the primary sidewalk system within each residential pod;

b. include a minimum of four (4) pedestrian benches; c. include a minimum of one (1) trash receptacle adjacent to each

pedestrian bench; d. include a shade structure (eg. trellis, gazebo, pergola, loggia), tot

lot, fitness station, rest station, or similar recreation amenity; and, e. details for all items indicated above shall be subject to review and

approval by the Architectural Review Section. (DRO: ARCH REVIEW - Zoning)


site/regulating plan shall indicate the following amenities adjacent to the 8-foot wide asphault path:

a. a minimum of one (1) pedestrian bench for each six hundred and

sixty (660) feet linear feet of the path with a maximum spacing of eight hundred (800) feet between each bench;

b. a minimum of one (1) trash receptacle adjacent to each alternating pedestrian bench;

c. a minimum of one (1) canopy tree spaced a maximum distance of fifty (50) feet on center, to be planted alternating on both sides of the path;

d. a minimum of one (1) freestanding light fixture with a maximum height of twelve (12) feet and a maximum spacing of fifty (50) feet on center, alternating on each side of the sidewalk. Alternatively, lighted bollards spaced a maximum distance of twenty (20) feet on center and located on alternating sides of the path shall be provided. Lighting shall be located adjacent to the sidewalk; and,

e. the final design for this pathway shall be subject to review and approval by the Architectural Review Section. (DRO: ARCH REVIEW - Zoning)

8. Prior to final approval by the Development Review Officer (DRO), details

for all amenities within the typical flow way overlook areas (i.e. Focal Point FP-1) shall be subject to review and approval by the Architectural Review


Section and reflected on the regulating plan. (DRO: ARCH REVIEW - Zoning)


master plan and site/subdivision plans shall indicate a flow way overlook area (i.e. Focal Point FP-1) within the open space area located at the southeast corner of Pod D and north of FP3. This overlook area shall have a direct connection to the primary sidewalk system on the property. (DRO: ZONING - Zoning)


master, site/subdivision, regulating and landscape plans shall indicate the following amenities within the meandering 50-foot wide trail corridor (33.54-acre public civic site):

a. a minimum twelve (12) foot wide meandering, paved pathway for

the entire duration of the trail corridor; b. a minimum of one (1) lighted shade structure (pavilion) in the

vicinity of each intersection with a pathway providing access to the trail corridor, and at a maximum spacing of 1,320 feet on center for the entire duration of the trail corridor. Each structure shall have minimum dimensions of ten (10) feet in width, eight (8) feet in depth, and nine (9) feet of unobstructed clearance;

c. a minimum of two (2) pedestrian benches and one (1) trash receptacle adjacent to each shade structure;

d. one (1) lighted bollard spaced a maximum distance of twenty (20) feet on center and located on alternating sides of the path for the entire duration of the trail corridor; and,

e. the final design for this trail corridor shall be subject to review and approval by the Architectural Review and Landscape Sections. (DRO: ARCH REVIEW - Zoning)

11. Building and Site Design Conditions 4, 6, 7, 8, 9 and/or 10 above may be

satisfied by approval of an alternative design guidelines manual that meets the intent of each respective condition. All details shall be subject to review and approval by the Architectural Review Section. (ONGOING: ARCH REVIEW - Zoning)

ENGINEERING

1. In order to comply with the mandatory Traffic Performance Standards, the property owner shall be restricted to the following phasing schedule:

No Building Permits for the site may be issued after January 1, 2014. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2 Section E of the Unified Land Development Code. (DATE: MONITORING - ENG)

2. Prior to technical compliance for the first plat, the property owner shall

convey a roadway construction easement to Palm Beach County. This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this property owner's road right of way for:

i. the future east west road along the project's north property line;

and, ii. Southern Boulevard.


Construction within this easement shall conform to Palm Beach County Standards. (TC:ENG - ENG)

3. Prior to issuance of a building permit, the property owner shall convey a

temporary roadway construction easement along the future east west road along the project's north property line and for Southern Boulevard to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT: MONITORING - ENG)

4. Prior to issuance of a building permit, the property owner shall convey to

Palm Beach County Land Development Division by warranty deed additional right of way for the construction of a right turn lane on the future east west road along the project's north property at the project's entrance road. This right of way shall be a minimum of 280 feet in length, twelve feet in width, and a taper length of 50 feet, or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include “corner clips” where appropriate as determined by the County Engineer. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (BLDG. PERMIT: MONITORING -ENG)

5. Prior to issuance of a building permit, the property owner shall convey to

Palm Beach County Land Development Division by warranty deed for :

i. the future east west road along the project's north property, 200 feet in width; and,

ii. Southern Boulevard 220 feet in width

Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. The property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. The Grantor also agrees to provide Palm Beach County an environmental report, subject to the approval of County Engineer, demonstrating that this property meets all appropriate and applicable environmental agency requirements. In the event the report makes a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the Grantee harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, Engineering or other expert witness fees including Attorney's fees as well as the actual cost of the clean up prior to dedication. Thoroughfare Plan Road right-of-way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate as determined by the County Engineer provisions for Expanded Intersection Details and “Corner Clips.” (BLDG PERMIT: MONITORING - ENG)

6. The property owner shall construct:

i. left turn lane west approach on Southern Boulevard at the project entrance; and,

ii. right turn lane east approach on Southern Boulevard at the project entrance.


All construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with this construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way.

a. Permits required by the Florida Department of Transportation for

construction in i and ii shall be obtained prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING - ENG)

b. Construction for the improvements in i and ii shall be completed

prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING - ENG)

7. Prior to the issuance of the first building permit, the property owner shall

convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Southern Boulevard and the future east west road along project's north property. Limits shall be along the property frontage; and up to a maximum of an additional 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention, Compensating storage within this projects retention system as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (BLDG PERMIT: MONITORING - ENG)

8. LANDSCAPE WITHIN THE MEDIAN OF SOUTHERN BOULEVARD

The property owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Southern Boulevard. This landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by property owner shall be perpetually maintained by the property owner, his successors and assigns, without recourse to Palm Beach County, unless the property owner provides payment for maintenance as set forth in Paragraph d below.

a. The necessary permit(s) for this landscaping and irrigation shall be

applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING - ENG)


b. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING -ENG)

c. At the property owner’s option, when and if the County is ready to

install OTIS on the surrounding medians of this roadway adjacent to the petitioner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the property owner. The property owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the property owner. (ONGOING: ENG - ENG)

d. Also, prior to the issuance of a building permit, and at the option of

the property owner, the property owner may make a contribution to the County’s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County’s installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project’s front footage along Southern Boulevard. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (ONGOING: ENG - ENG)

9. The property owner shall fund the cost of signal installation if warranted as

determined by the County Engineer at:

i. Project's entrance and Southern Boulevard; and, ii. Project's entrance and the future east west road along the project's

north property line.

a. Signalization shall be a mast arm structure installation. The cost of signalization shall also include all design costs and any required utility relocation. Should signalization not be warranted after 24 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (ONGOING: ENG - ENG)

b. Building permits for more than 200 dwelling units shall not be

issued until the property owner provides acceptable surety to the Land Development Division in an amount as determined by the Director of the Traffic Division for the installation of these signals. (BLDG PERMIT: MONITORING - ENG)

10. In order to comply with the mandatory Traffic Performance Standards, the

property owner shall be restricted to the following phasing schedule:

a. Building permits for more than 67 single family dwelling units (maximum 75 PM peak hour trips) shall not be issued until the contract has been let for the construction of the 4 laning Seminole Pratt Whitney Road from Okeechobee Boulevard to Southern Boulevard plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - ENG)

b. Building permits for more than 441 single family dwelling units

(maximum 318 AM peak hour trips) shall not be issued until


construction commences for 6 laning of Southern Boulevard from Binks Forest Drive to east of Palm West Parkway to provide for through lane continuity from Forest Hill Boulevard to Big Blue Trace and maintain the existing right turn lane on the east approach on Southern Boulevard at Palm West Parkway. (BLDG PERMIT: MONITORING - ENG)

c. Building permits for more than 441 single family dwelling units

(maximum 318 AM peak hour trips) shall not be issued until construction commences for the following intersection improvments: i. an additional through lane east approach; and, ii. an additional through lane west approach at the intersection

of Southern Boulevard and Forest Hill Boulevard has been let, plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - ENG)

d. Building permits for more than 505 single family dwelling units

(maximum 363 AM peak hour trips) shall not be issued until construction commences for the 6 laning of Southern Boulevard from Binks Forest Drive to Seminole Pratt Whitney Road thru the Seminole Pratt Whitney intersection plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - ENG)

e. Building permits for more than 937 single family dwelling units

(maximum 803 PM peak hour trips) shall not be issued until construction commences for the following intersection improvments: i. dual left turn lanes south approach; ii. three through lanes east approach; and, iii. three through lanes west approach at the intersection of

Southern Boulevard and Big Blue Trace has been let, plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - ENG)

f. Building Permits for more than 1,132 single family dwelling units

(maximum 802 AM peak hour trips) shall not be issued until construction commences for the following intersection improvments:

i. dual left turn lanes west approach, and; ii. three through lanes both east and west approaches at the

intersection of Southern Boulevard and Seminole Pratt Whitney Road, plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - ENG)

g. Building Permits for more than 1,522 single family dwelling units

(maximum 1075 AM peak hour trips) shall not be issued until construction commences for the following intersection improvments:

i. three through lanes east approach; and, ii. three through lanes west approach at the intersection of

Southern Boulevard and Binks Forest Drive has been let, plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - ENG)

h. The mix of allowable uses within the PUD as permitted by the

Zoning Division may be adjusted 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. (ONGOING: ENG - ENG)

i. Construction commences is defined as awarding the contract for

construction, the acquisition of all right of way and construction easements and the acquisition of all required permits. (ONGOING: ENG - ENG)

11. Acceptable surety required for the improvements identified in Condition

No. 10b, 10c, 10d, 10e,10f and 10g above shall be posted with the Office of the Land Development Division on or before July 5, 2006. Surety shall be in the amount of 110% of a Certified Cost Estimate provided by the property owner's engineer and approved by the County Engineer. This surety may be required to be adjusted within 30 days notification from the County Engineer. This revision shall be based upon an updated cost estimate prepared by the Roadway Production Division at the time the final construction plans are completed. (TPS - Maximum 6 month time extension) (DATE: MONITORING - ENG)

12. The property owner shall fund the construction plans, right of way

acquisition costs and the construction of the improvements identified in 10b,10c,10d,10e,10f,10g, and 10h. Funding shall be completed on or before April 20, 2007. All canal crossings within the project limits shall be constructed to their ultimate configuration. (DATE: MONITORING - ENG)

13. On or before February 20, 2009, the property owner place clean

acceptable fill within the right of way for the future east west road along the project's north property line sufficent to raise the elevation of this future road to within 6 inches of the 25 year 3 day storm event. The limits of this additional fill shall be along the project frontage of this road. Permits required by the County Engineer for this work shall be obtained by the property owner prior to October 1, 2008. (DATE: MONITORING - ENG)

HEALTH

1. Prior to the issuance of the first building permit, the property owner shall submit a detailed written plan acceptable to the Palm Beach County Health Department for the control of fugitive dust particulates on the site during all phases of site development. The property owner or the representative of the property owner shall be available to meet with staff of the Air Pollution Control Section of the Palm Beach County Health Department on request to clarify and discuss the scope and potential effectiveness of the proposed dust control measures. (BLDG PERMIT: MONITORING - Health)

2. The property owner shall utilize Best Management Practices (BMP)

approved by the Palm Beach County Mosquito Control Division to minimize breeding of mosquitoes in the surface water management system. The BMP shall be incorporated into the governing documents of the Homeowners Association, and shall include mosquito control methods that minimize the need for aerial spraying and reduce potential impacts of mosquito control activities on natural areas. (ONGOING: HEALTH -Health)

ZONING - LANDSCAPING

1. At time of submittal for final master plan approval by the Development Review Officer (DRO), the property owner shall submit an Alternative Landscape Plan to the Landscape Section for all perimeter landscape buffers. The Plan(s) shall be:


a. generally consistent with the regulating plan dated October 17, 2005;

b. prepared in compliance with the conditions of approval as contained herein;

c. reflected on the regulating plan prior to final approval by the Development Review Officer (DRO) as typical buffer details in both plan view and cross section formats; and,

d. subject to review and approval by the Landscape Section. (DRO: LANDSCAPE - Zoning)

2. A minimum of seventy-five percent (75%) of all trees to be planted in the

landscape buffers shall be native and meet the following minimum standards at installation:

a. tree height: Fourteen (14) feet; b. trunk diameter: three and one-half (3.5) inches measured at four

and one-half (4.5) feet above grade; c. canopy diameter: Seven (7) feet diameter shall be determined by

the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and,

d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (DRO: LANDSCAPE - Zoning)

3. All palms required to be planted on the property by this approval, except

on individual residential lots, shall be native species and meet the following minimum standards at installation:

a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they

meet current ULDC requirements. (DRO: LANDSCAPE - Zoning)

4. A group of three (3) or more palms may not supersede the requirement for a canopy tree in that location, unless specified herein. (DRO: LANDSCAPE - Zoning)

5. Field adjustment of plant material locations may be permitted to provide

pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation. (DRO: LANDSCAPE - Zoning)

MASS TRANSIT

1. The location of an easement for a Bus Stop Boarding and Alighting Area, subject to the approval of Palm Tran shall be shown on the master plan and/or site plan prior to final approval of the Development Review Officer (DRO). The purpose of this easement is for the future construction of mass transit infrastructure in a manner acceptable to Palm Tran. (DRO: PALM TRAN - Palm Tran)

2. Prior to plat recordation, the property owner shall convey and/or dedicate

to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran. (PLAT: ENG - Palm Tran)

3. The location of a Bus Bays at a Bus Stop Boarding and Alighting Areas,

subject to the approval of Palm Tran shall be shown on the master plan


and/or site plan prior to final approval of the Development Review Officer (DRO). This in conjunction with a Bus Stop Boarding and Alighting Area easement is for the future construction of mass transit infrastructure in a manner acceptable to Palm Tran. (DRO: PALM TRAN - Palm Tran)

PARKS AND RECREATION

1. Upon request by the Parks and Recreation Department, the property owner or property owners' association shall provide a temporary construction easement as well as a permanent 150 foot wide access easement in the general vicinity of the southwest corner of the site in a location and elevation acceptable to the Parks and Recreation Department. This easement is required in order to accommodate a future pedestrian and/or wildlife land bridge across Southern Boulevard to connect to a future wildlife corridor and/or trail system located south of Southern Boulevard as identified in the future. (ONGOING: PARKS - Parks)

2. Upon request by the Parks and Recreation Department, the property

owner or property owners' association shall provide a temporary construction easement as well as a permanent 150 foot wide access easement in the general vicinity of the southeast corner of the site in a location and elevation acceptable to the Parks and Recreation Department. This easement is required in order to accommodate a future pedestrian and/or wildlife land bridge across Southern Boulevard to connect to a future wildlife corridor and/or trail system located south of Southern Boulevard as identified in the future. (ONGOING: PARKS - Parks)

3. Upon request the Parks and Recreation Department, the property owner

or property owner's association shall provide a temporary construction easement as well as a permanent 150 foot wide access easement on the Western side of the site in a location and elevation acceptable to the Parks and Recreation Department. This easement is required in order to accommodate a future pedestrian and/or wildlife land bridge over the L-8 canal to connect to the existing wildlife corridor. (ONGOING: PARKS - Parks)


master/site plan(s) shall show a mid-block marked crosswalk with a flashing signal or pedestrian tunnel to connect the 24.23-civic site to the trail system located on the north side of the 80-foot wide right-of-way. (DRO: PARKS - Parks)

PLANNING

1. The subject site shall be limited to a maximum of 2,000 dwelling units and a minimum of 30,000 square feet and a maximum of 50,000 square feet of PUD-Commercial. (DRO: PLANNING - Planning)


master/site plan(s) shall include all open space and flow way pedestrian pathways, pedestrian overlooks, pedestrian connections to the perimeter trial, and neighborhood parks, generally consistent with the certified plan. The final plan shall include a minimum 50 foot wide open space trail corridor for the entire northern and western boundaries of the property that can link to the planned CWC Sector Plan integrated trail network. (DRO: PLANNING - Planning)

3. Prior to the issuance of the 1,500th Certificate of Occupancy, the property

owner shall pave the 80-foot right-of-way to the east property line at the


location labeled, “Future Inter Connectivity to Employment Center”, on the master plan. (CO: MONITORING - Planning)

4. Prior to the issuance of the 1,500th Certificate of Occupancy, the property

owner shall pave the 80-foot wide right-of-way to the north property line at the location indicated on the master plan. (CO: MONITORING - Planning)


property owner shall record in the public records of Palm Beach County a restrictive covenant, in a form acceptable to the Palm Beach County Attorney, which includes the following:

a. Guarantees the attainability of 10% of the units for a period of ten

years (ownership) twenty years (rental) to moderate income (>80% - 120% median income) households, with the unit sales prices determined by Palm Beach County's Housing and Community Development Department; and,

b. Guarantees that these units shall not be further restricted beyond the requirement that the occupants qualify for the income limits. (DRO: CO ATTY - Planning)


property owner shall distribute the minimum 10% attainable units throughout Pods A, C, J, & I, and indicate the number of attainable units within each Pod. (DRO: PLANNING - Planning)

7. The property owner shall include in sales documents as well as written

brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying future residents of the Highland Dunes project, that the project has a minimum of 10% attainable housing units and any residents wishing to reside in a unit that has been earmarked as an attainable housing unit shall qualify for eligibility. Every deed of sale for each of the attainable units shall contain a restriction guaranteeing the property is sold and occupied by a qualified income household only, for a period of ten years (ownership) twenty years (rental). The property owner is responsible for disclosure of the location of these attainable units prior to the sale of any units. On an annual basis, beginning January 1, 2007, the property owner/homeowner association shall submit an annual report to the Planning Division documenting compliance with the Attainable Housing declaration of restrictive covenants, the sales document disclosure, and the deed of sale restriction. (DATE: MONITORING - Planning)

PLANNED UNIT DEVELOPMENT

1. Prior to the recordation of the first plat, all property included in the legal description of the application shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall include the following:

a. Formation of a single “master” property owner's association,

automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas.

b. All recreation parcels shall be deed restricted to recreation for the use of the residents of the development. At the time of turnover of the POA/HOA, the recreation parcel shall be turned over to the association at no cost to the residents.

c. The property shall not be subject to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the


County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (PLAT: CO ATTY - Zoning)

2. The property owner shall include in homeowners documents as well as

written sales brochures, sales contracts, master plans and related site plans a disclosure statement identifying and notifying of the existence of commercial excavation, a future electric power generation facility, regional water management reservoirs and facilities, and active agricultural uses in the vicinity of the development. The property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on July 5, 2007, and shall continue on an annual basis until all units within the development have been sold or the property owner relinquishes control to the homeowners association. (DATE: MONITORING - Zoning)

3. Prior to final approval of a site plan for the 6.97-acre or 6.64-acre

recreation pod, the Development Review Officer (DRO) shall apply and the property owner shall accept the following condition of approval:

Prior to the issuance of a building permit for the 800th residential unit, a Certificate of Occupancy (CO) or Certificate of Completion (CC), whichever shall first occur, shall be issued for a clubhouse or similar common building that is acceptable to the Parks and Recreation Department on the applicable recreation pod. This facility shall be equipped with a generator that complies with the following requirements:

a. operates essential electrical systems, including A/C systems, for a

minimum of thirty percent (30%) of the gross interior floor area of the building;

b. an aboveground fuel storage system, or an alternative fuel storage system that is acceptable to Palm Beach County, with a minimum capacity that is acceptable to the Building Division shall be located adjacent to the generator;

c. setback in accordance with the Property Development Regulations for a Recreation Pod in accordance with ULDC Table 3.E.2.D-16;

d. screened from view on all sides by an opaque barrier constructed of compatible materials, color and character as the building or equivalent landscaping;

e. subject to review and approval by the Building Division; and, f. deviation from these requirements shall be permitted if consistent

with future ULDC regulations. (DRO: ZONING - Zoning)

4. Prior to the issuance of a building permit for the 1,000th residential dwelling unit, a Certificate of Occupancy (CO) shall be issued for a minimum of 30,000 square feet of non-residential uses in the 5.68-acre commercial pod. (BLDG PERMIT: MONITORING - Zoning)

PREM

1. The property owner shall provide Palm Beach County Board of County Commissioners with a Statutory Warranty Deed on a net 24.23-acre public civic site (net usable area minus any buffers), in a location and form acceptable to Facilities, Development & Operations Department (FD&O) by April 1, 2008. The property owner shall plat and dedicate the civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance.

a. The property owner shall provide a title policy insuring marketable

title to Palm Beach County for the civic site and any easements that


service the civic site as required by the County Attorney's office. All title exception documentation to be provided to County. Policy is subject to Property & Real Estate Management Department's (PREM) and County Attorney's approval. The title policy to be insured to Palm Beach County for a dollar value based on current market appraisal of the proposed civic site or the Contract purchase price on a per acre basis if the contract purchase was concluded within the previous 24 month period. If an appraisal is required it shall be obtained by the property owner. The property owner shall release the County from all Declarations of Covenants and Conditions of the P.U.D. or other restrictive covenants as they may apply to the civic site.

b. The property owner shall assign sufficient traffic trip capacity such

that the traffic volume associated with a County facility shall be attached to the civic site and recorded on the concurrency reservation for the entire PUD. The property owner shall be provided with input as to the size of a structure (and proposed use) which the civic site would support and the corresponding amount of trips.

c. All ad valorem real estate taxes and assessments for the year of

acceptance shall be pro-rated to include the day of acceptance.

d. Civic site to be free and clear of all trash and debris at the time of acceptance of the Statutory Warranty Deed.

e. The property owner shall provide all retention, detention, and

drainage required for any future development of the proposed civic site by the County. The property owner shall specifically address the following issues: 1) The discharge of surface water from the proposed civic site

into the property owner's water retention basins. 2) As easement across the property owner's property from the

proposed civic site to the retention basins, if required.

f. By acceptance of these conditions the property owner agrees to allow the County to perform any on site inspections and testing deemed appropriate to support the acquisition of the civic site.

g. The property owner shall perform a tree survey and obtain a

vegetation clearing permit. If it is determined by PREM that clearing is not required at time of conveyance, the cost of such clearing shall be paid to the County.

h. Prepare civic site to buildable grade under the direction of the

Facilities Development & Operations Department. Site shall be stabilized with

1) sod and watered or, 2) seeded, mulched and watered (until seed has established

itself) to the satisfaction of Facilities Development and Operations.

i The property owner shall provide water and sewer stubbed out to

the property line and other required utilities as determined by PREM. (DATE: MONITORING - PREM)


2. The property owner shall provide the County with a survey certified to Palm Beach County of the proposed civic site by September 1, 2007. Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria:

a. The survey shall meet Minimum Technical Standards for a

Boundary Survey as prescribed by F.A.C. 21HH.6. b. If this parcel is a portion of Palm Beach Farms, sufficient data to

make a mathematical overlay should be provided. c. The survey should include a location of any proposed water

retention area that will border the civic site. Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site and all title exceptions are to be shown on the survey. (DATE: MONITORING - PREM)

3. The property owner shall provide PREM with an Environmental

Assessment certified to Palm Beach County of the proposed civic site by September 1, 2007. The minimum assessment which is required is commonly called a “Phase I Audit”. The audit shall describe the environmental conditions of the property and identify the past and current land use. The assessment will include but not be limited to the following:

a. Review of property abstracts for all historical ownership data for

evidence of current and past land use of the proposed civic site. b. Review of local, state, and federal regulatory agency's enforcement

and permitting records for indication of prior groundwater or soil contamination. Also, a review of the neighboring property that borders the proposed civic site will be required. The review shall include, but not be limited to, Palm Beach County Environmental Resources Management Department Records, and Florida Department of Regulation Records. The assessment shall reflect whether the civic site or any bordering property is on the following lists:

1) EPA's National Priorities list (NPL) 2) Comprehensive Environmental Response Compensation

and Liability Act System List (CERCLA) 3) Hazardous Waste Data Management System List

(HWDMS).

c. Review of current and historical aerial photographs of the proposed civic site. Provide a recent aerial showing site and surrounding properties.

d. The results of an on-site survey to describe site conditions and to identify potential area of contamination.

e. Review of Wellfield Protection Zone maps to determine if property is located in a Wellfield Zone.

If the Phase I audit indicates that a Phase II is necessary, then the property owner shall be required to provide that audit as well. (DATE: MONITORING - PREM)

4. The property owner may request to exchange the required on-site

dedication of land for cash of equal value or off-site land equal in acreage, however, this option shall be used only upon County approval when the County has established that the cash or offsite land enhances or supports a County property, facility or function in the general vicinity of the PUD. In addition, should the off-site land option be chosen, each PREM condition listed in numbers 1, 2 & 3 above will also apply. If the land off-site is of less cash value than the on-site dedication the property owner shall contribute cash equal to the difference in values. Valuation of the on-site


and off-site land shall be subject to the County appraisal process and be at the cost of the property owner. If off-site land or cash contribution is accepted by Palm Beach County, the property owner shall be deemed to have satisfied the intent of ULDC. (ONGOING: PREM - PREM)

SCHOOL BOARD

1. The property owner shall post a notice of annual boundary school assignments for students from this development. A sign 11” X 17” shall be posted in a clear and visible location in all sales offices and models with the following:

“NOTICE TO HOME BUYERS/TENANTS AND

PARENTS OF SCHOOL AGE CHILDREN”

School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s). (ONGOING: SCHOOL BOARD - School Board)

2. Prior to the issuance of the first Certificate of Occupancy (CO), the school

bus shelters shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board and the County Engineer. Provisions for the bus shelters shall include, at a minimum, a covered area, continuous paved pedestrian and bicycle access from the subject property or use, to the shelter. Maintenance of the bus shelter(s) shall be the responsibility of the residential property owner. (CO: MONITORING - ENG)

UTILITIES

1. If any relocations/modifications to the County's existing facilities are required that are a direct or indirect result of the development, the developer shall pay for the complete design and construction costs associated with these relocations/modifications. (ONGOING: PBCWUD - PBDWUD)

COMPLIANCE

1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the 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; revocation of any concurrency; and/or

b. The revocation of the Official Map Amendment, Conditional Use,Requested Use, Development Order Amendment, and/or any other zoning approval; and/or


c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or

d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning)

This resolution is effective when filed with the Clerk of the Board of County Commissioners.

Documents

PALM BEACH COUNTY PLANNING, ZONING AND ...BCC January 5, 2006 Page 548 Application No. PDD/R/W2005-1174 BCC District 6 Control No. 2005-394 Project No. 05168-000 PALM BEACH COUNTY