PALM BEACH COUNTY PLANNING, ZONING AND BUILDING …

BCC February 25, 2009 Page 133 Application No. Z-2008-01745 BCC District 01 Control No. 2003-00062 Project No. 00893-000

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: Z-2008-01745 Control No.: 2003-00062 Applicant: Habitat for Humanity of Palm Beach County Owners: Carters Cay Villas LLC Agent: Land Design South, Inc. - Jonathan Burgess Telephone No.: (561) 478-8501 Project Manager: Donna Adelsperger, Site Planner I

Location: Southeast corner of Mallards Cove Road and Jupiter Gardens Boulevard (Habitat for Humanity - Kennedy Estates II)

TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Residential High Density (RH) Zoning District to the Multi-family Residential (RM) Zoning District

APPLICATION SUMMARY: Proposed is the rezoning of a 3.63-acre parcel of land from the Residential High Density (RH) Zoning District to the Multi-family Residential (RM) Zoning District to allow for a zero lot line development. The site plan indicates 19 lots with approximately 8,100 square feet of recreation area. Access to the site will be from Jupiter Gardens Road.

ISSUES SUMMARY: o History On June 26, 2003 the Board of County Commissioners denied the request for Control 2002-017 for a Class A Conditional Use to allow for a Voluntary Density Bonus (VDB) for 22 units. On June 23, 2004 a site plan was approved for Control 2003-062 for the development of 29 Multi-family Residential units. o Consistency with Comprehensive Plan The Planning Division has determined that the current request is consistent with Comprehensive Plan policies and the site’s High Residential-8 (HR-8) Future Land Use. Additionally, the subject site is located within the Urban/Suburban Tier and within the Kennedy Estates CCRT area. See Planning Division comments for additional information. o Workforce Housing (WFH) The applicant has requested the project be exempt from the Workforce Housing requirement Per ULDC Article 5.G.1.B.1.a "Exemptions, a. Projects that target the development of units primarily limited to households having incomes that are less than or equal to 60 percent AMI, and use federal, state or local funding sources. An exemption may require the submittal of documentation indicating how income restrictions and affordability periods will be guaranteed. These projects may elect to utilize the WHP program, but any density bonus shall be subject to the requirements of Art. 5.G.1.F.1,


Sector Analysis." The applicant is not requesting any density bonus at this time. See attached Exhibit D, the Planning Division letter dated October 31, 2008. o Compatibility with Surrounding Land Uses

To the north is Jupiter Gardens a single family subdivison with Residential High Density (RH) Zoning Designation and High Residential-8 (HR-8) Future Land Use Designation. To the South and West is the multi-family development known as Mallards Cove with a Residential High Density (RH) Zoning Designation and a High Residential-8 (HR-8) Future Land Use Designation. To the east is the Juipter Gardens Apartments development with a Residential High Density (RH) Zoning designation and a High Residential-8 (HR-8) Future Land Use Designation. Staff does not anticipate any negative impacts associated with this request.

o Traffic The Traffic Division estimates that this request will generate approximately 190 trips per day for the 19 Zero Lot Line Homes. o Landscape/Buffering In accordance with Table 7.F.7.A-5 - Width of R-O-W Buffer (feet), the site requires a 15 foot right-of-way buffer abutting Jupiter Gardens Boulevard; the applicant is providing the required buffer. In accordance with Table 7.F.9.B-6 - Required Incompatibility Buffer Types, the site requires a 10-foot incompatibility buffer between multi-family and single-family units and the site plan is providing the required buffer along the south and west property lines. In addition along the east property line a 10-foot incompatibility buffer is required and will be provided with a three foot retaining wall adjacent to the retention area. Staff does not anticipate any negative impacts associated with this request. o Signs At this time the applicant is not proposing any signage for the project. o Architectural Review This project is not subject to Architectural Review. o Conditional Overlay Zone (COZ) Staff recommends the rezoning request to be subject to a COZ. The COZ is to ensure mandatory Drainage and Traffic Performance Standards are met pursuant to Engineering Conditions 1-3. At The Zoning Commissioner Hearing the agent asked to move to consent and agreed to the conditions of approval. o Zoning Commission Hearing – February 5, 2009 At the February 5, 2009 Zoning Commission Hearing this application was moved to consent and the ZC voted unanimously (6-0) to recommend approval of the Official Zoning Map Amendment subject to the conditions of approval in Exhibit C.


TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-42-41-03-00-000-7430 00-42-41-03-00-000-7420

New

Land Use Designation: High Residential (HR-8) Same

Zoning District: Residential High Density (RH) Multi-family Residential (RM)

Tier: Urban/Suburban Same

Use: Vacant Zero Lot Line

Acreage: 3.63 acres Same

Dwelling Units: 0 19

Density: 0 5.23

Parking: 0 spaces 38 spaces

Access: Jupiter Gardens Boulevard (1) Jupiter Gardens Boulevard (1)

CODE ENFORCEMENT: N/A ________________________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received one letter in support of this project.

RECOMMENDATION: Staff recommends approval of the request subject to 7 Conditions of Approval as contained in Exhibit C and a Conditional Overlay Zone (COZ).

ACTION BY THE ZONING COMMISSION: At the February 5, 2009 Zoning Commission Hearing the board recommended approval of the Official Zoning Map Amendment by a vote of 6-0. ________________________________________________________________________________ MOTION: To adopt a resolution approving of an Official Zoning Map Amendment to rezone from the Residential High Density (RH) Zoning District to the Multi-family Residential (RM) Zoning District with a Conditional Overlay Zone (COZ).


Figure 1 Land Use Atlas Map


Figure 2 Zoning Quad Map


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STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: High Residential 8 (HR-8). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject property is within the future annexation area of the Town of Jupiter. INTERGOVERNMENTAL COORDINATION: The subject property is located within one mile of the Town of Jupiter. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to rezone from Residential High Density (RH) to Multifamily Residential (RM) to allow for 19 zero lot line homes and has found the request to be consistent with the site's HR-8 FLU designation. The applicant received a waiver for an exemption to the Workforce Housing requirement on October 31, 2008. ULDC Article 5.G.B.1. states, Exemptions, a. Projects that target the development of units primarily limited to households having incomes that are less than or equal to 60 percent AMI, and use federal, state or local funding sources. An exemption may require the submittal of documentation indicating how income restrictions and affordability periods will be guaranteed. These projects may elect to utilize the WHP program, but any density bonus shall be subject to the requirements of Art. 5.G.1.F.1, Sector Analysis.” Habitat for Humanity of Palm Beach County (HFHPBC) proposes to develope nineteen (19) single family homes on 3.63 acres in the Kennedy Estates area of the unincorporated County. HFHPBC is targeting households with incomes that are less than or equal to 60% of area medium income (AMI) to purchase and reside within these units (per ULDC 5.G.B.1.a). In addition, the Commission on Affordable Housing has made a recommendation to take a request for conceptual approval to the BCC for $750,000, in which HFHPBC will construct units that will be set aside for home buyers with incomes that are 50% and below AMI. Planning Division staff found this request to be consistent with the intent of ULDC Article 5.G.B.1.a, and granted HFHPBC the exemption from the Workforce Housing requirement to provide a portion of the units to households with incomes ranging from 60% to 150% of AMI. Assuming the acreage on the survey is correct, the maximum units can be calculated as follows: Based on the existing HR-8 FLUA designation and PUD zoning designation, a density calculation of eight (8) units per acre is permitted on the 3.63 acre subject site. PUD Density: 29 units permitted (3.63 acres x 8 units/acre = 29.04) The applicant is requesting 19 units total and is not requesting to utilize any density bonus programs available. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is located within the Kennedy Estates CCRT Area. The Office of Community Revitalization (OCR) is in support of the request. FINDINGS: The request is consistent with the HR-8 land use designation of the Palm Beach County Comprehensive Plan.


ENGINEERING COMMENTS: TRAFFIC IMPACTS: Petitioner has estimated the buildout of the project to be December 31, 2011. Total net new traffic expected from this project is 190 trips per day, 24 trips in the PM peak hour. Additional traffic is subject to review by the Traffic Performance Standards. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. SEGMENT: Centrail Blvd from Indiantown Rd to Toney Penna Dr EXISTING COUNT: 2,235 (PM) BACKGROUND GROWTH: 457 FROM PETITION: 16 TOTAL: 2,708 PRESENT LANEAGE: 4LD LOS “D” CAPACITY: 3,110 PROJECTED LEVEL OF SERVICE: D

PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been cleared of all exotic vegetation. The remaining native vegetation will be incorporated into the site plan or mitigated on the site. WELLFIELD PROTECTION ZONE: The parcel is located with Wellfield Protection Zones 2 and 3. Some construction standards may apply. The site plan must be consistent the requirements of ULDC Article 14.B prior to site plan certification. 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 19 single-family units had been approved on December 4, 2008 (Concurrency Case #08110601C). The subject property is located within Concurrency Service Area 1 (SAC 018). This project is estimated to generate approximately six (6) public school students. The schools currently serving this project area are: Jerry Thomas Elementary, Independence Middle, and Jupiter High.


PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: Concurrency for 19 Zero Lot Line homes has been approved. WATER/SEWER PROVIDER: Water is provided by the Town of Jupiter and sewer is provided by Loxahatchee River Environmental Control District. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards).

FINDINGS: Rezoning Standards: When considering a development order application for rezoning to a standard zoning district, the BCC and ZC shall consider standards 1-9 indicated below. In addition the standards indicated in section 2.B shall also be considered for rezoning to a standard zoning district with a conditional use, and rezoning to a PDD or TDD with or without a requested use or waiver. An amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.1.B and provides the following assessment: 1. Consistency with the Plan - The proposed rezoning to the Residential Multi-family (RM)

Zoning District will make the site consistent with the site’s High Residential-8 (HR-8) FLU designation. The proposed residential development will not exceed the maximum permissible density in the Plan and as such meets the Plan’s objectives in respect of density/intensity of use.

2. Consistency with the Code - The proposed rezoning is required pursuant to Table 3.C.1.A –

Future Land Use (FLU) Designation and Corresponding Standard Zoning District, of the Unified Land Development Code (ULDC) as the site is being subdivided. Table 3.C.1.A requires the site to be rezoned to either the Residential Multi-family (RM) or the Single-family Residential (RS) Zoning District to be in compliance with the site’s Future Land Use designation. Based on the site’s HR-8 Future Land Use designation and the surrounding High-Residential (RH) Zoning designations the RM Zoning District is the most appropriate Zoning District. All relevant Code requirements for the proposed nineteen (19) zero lot line homes have been addressed in both this application and the final subdivision application DRO-2008-01691.

3. Compatibility with Surrounding Uses - To the north is Jupiter Gardens a single family

subdivison with Residential High Density (RH) Zoning Designation and a High Residential-8 (HR-8) Future Land Use Designation. To the South and West is the multi-family development known as Mallards Cove with Residential High Density (RH) Zoning Designation and High Residential-8 (HR-8) Future Land Use Designation. To the east is the Juipter Gardens development with Residential High Density (RH) Zoning Designation and High Residential-8 (HR-8) Future Land Use Designation. The proposed rezoning to the RM Zoning District is compatible with the surround residential uses.

4. Effect on Natural Environment – The subject site is located in an existing urban area. The

proposed rezoning is required for consistency with the current ULDC requirements and is not anticipated to result in any significant adverse impacts on the natural environment, including impacts on water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

5. Development Patterns – The proposed rezoning will continue the development of the

established residential uses surrounding the site. The sites proposed zero lot line subdivision will serve as a transition from the single-family residences to the north to the adjacent multi-family residences on the south, east and west and will result in a logical, orderly and timely development pattern.


6. Consistency with Neighborhood Plan – The property is not located with a Neighborhood

Plan. 7. Adequate Public Facilities – A concurrency reservation for 19 zero lot line homes exist with

the Town of Jupiter for water service and with Loxahatchee River Environmental Control District for sanitary sewer service.

8. Changed Conditions or Circumstances – Table 3.C.1.A Future Land Use (FLU) Designation and Corresponding Standard Zoning Districts of the ULDC requires any application for subdivision of the site within the rezoned consistent with Table 3.C.1.A. The applicants request to subdivide the parcel into 19 zero lot line homes has necessitated the rezoning.

9. Mobile Home Parks - The property is not within a mobile home park. Staff has evaluated the applicant’s justification and responses for Standards 1-9 of Article 2.B.1.B, and has determined that the need of the requested change balanced the potential impacts generated by the request.


EXHIBIT C

CONDITIONS OF APPROVAL

ALL PETITIONS 1. Development of the site is limited to the site design approved by the Board of County Commissioners. The approved Preliminary Site plan is dated December 15, 2008. Replacement of a use by another use listed as permitted by right or permitted subject to approval by the Development Review Officer (DRO) pursuant to Table 4.4.A.3-A.1 may be allowed subject to the approval by the DRO. All other 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. (DRO: ZONING - Zoning) ENGINEERING 1. Prior to final site plan approval by the Development Review Officer, the property owner shall submit and have approved by the County Engineer, a stormwater design which complies with County drainage design criteria and provides legal positive outfall to the site. (DRO:ENGINEERING-Eng) 2. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: a. No building permits for the site shall be issued after December 31, 2011. 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.E of the Unified Land Development Code. (DATE: MONITORING Eng) 3. Prior to final approval of the Site Plan by the Development Review Officer, the Property owner shall provide an acceptable drainage study identifying any historical drainage from offsite parcels. The Subdivision’s stormwater management system shall then be designed to accept this historical drainage. Required Drainage easements shall then be provided to the adjacent parcel(s) and shall be shown on the plat of the Subdivision. (DRO: ENGINEERING-Eng) 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 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) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in:


a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Conditional Use, Type II Variance, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of a Conditional Use, Type II Variance, Development Order Amendment or other actions based on a Zoning Commission decision shall be by petition for writ of certiorari to the Circuit Court, Appellate Division, 15th Judicial Circuit of Florida. (ONGOING: MONITORING - Zoning)


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PALM BEACH COUNTY - ZONING DIVISION FORM#~

EXHIBIT "A"

PROPERTY

LEGAL DESCRIPTION A PARrFI OF I ANn IN SFrTION ~ TOWNSHIP 41 SOLJTH RANGE 42 EAST pAl M BEACH COlJNTY EIORIPA BEING THE SOlJTH 408 FEET OF THE NORTH

424.S FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SECTION 3 TOWNSHIP 41 SOUTH RANGE 42 EAST LESS THE NORTH 32.S FEET THEREOF TAKEN BY PALM BEACH COUNTY FOR ROAD RIGHT-OF-WAY PURPOSES LESS ALSO THAT PORTION I XING EAST OF A liNE 660 0 FEET WEST OF AND PARA!! EI TO THE EAST liNE OF SAID SOlJTHWEST OlJARTER OF SECTION 3

ALSO DESCRIBED AS: A PART OF THE EAST HALF OF THE NORTHWEST OUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SECTION 3 TOWNSHIP 41 SOlJTH RANGE 42 EAST pAl M BEACH COlJNTY EIORIPA MORE pARTlqll AR! V DESCRIBED AS EOII Q\NS·

FROM THE NORTHWEST CORNER OF SAID EAST HALF OF THE NORTHWEST OUARTER OF THE SOUTHEAST OUARTER OF THE SOUTHWEST QUARTER PROCEED SOUTHERLY ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST OlJARTER 60 PO EEETIO THE POINIOE BEGINNING· THENCE SOLJIHERIYAI ONG SAID WEST liNE 3645 FEET· THENCE EASTER! V PARA!! EI TO THE

NORTH LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 306.43 FEETTO A LINE 660.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 3· THENCE NORTHERLY ALONG SAID PARALLEL liNE 364 5 FEET TO A liNE 60 PO FEET SOlJTH OF AND PARA!! EI TO SAID NORTH liNE· THENCE WESTER! V PARA!! EI TO SAID NORTH liNE 309 SO FEET

TO THE POINT OF BEGINNING.

8IiIl. THAT pORTION OF THE EAST 112 OF THE WEST 112 OF THE SOlJIHEAST 1 /4 OF THE SOlJIHWEST 1 /4 OF SECTION 3 TOWNSHIp 41 SOllTH RANGE 42

EAST· LESS HOWEVER THE NORTH 424.S FEET· ALSO LESS THAT PORTION OF SAID EAST 1/2 LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: FROM THE SOlJTHWEST CORNER OF SAID SECTION 3 BEAR S 88°54'17" E AlONG THE SOlJTH liNE OF SAID SECTION 3 A DISTANCE OF 958 64 FEET·

THENCE N 01°05'57" E AlONG THE WEST liNE OF THE EAST 1 /4 OF THE SOlJTHWEST 1/4 OF THE SOllTHWEST 1 /4 OF SAID SECTION 3 A DISTANCE OF

16.S0 FEET· THENCE CONTINUE N 01"OS'S7" E ALONG SAID WEST LINE A DISTANCE OF 11SS.41 FEET· THENCE S 89"09'04" E A DISTANCE OF 322.87 FEETTO A pOINT IN THE EAST liNE OF THE SOllTHWEST 1 /4 OFTHE SOlJTHWEST 1/4 OF SAID SECTION 3· THENCE N or1 5'40" E AlONG SAID EAST

LINE A DISTANCE OF 106.S0 FEET TO A POINT IN THE SOUTH LINE OF A 60.00 FEET RIGHT-OF-WAY AS RECORDED IN O.R. BOOK 348S PAGE 1142 PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA THENCE S 89"09'44" E ALONG THE SOUTH LINE OF SAID 60.00 FOOT RIGHT-OF-WAY (A PORTION OF WHICH IS RECORDED IN 0 R BOOK 3485 pAGE 1144 plJBIIC RECORDS OF pAl M BEACH COlJNTY FIORIDAl A DISTANCE OF 323 17 FEET TO A

POINT IN THE EAST LINE OF THE WEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3· THENCE S 01"2S'22" W ALONG SAID EAST LINE A DISTANCE OF S06.82 FEET FORA POINT OF BEGINNING OF THE AFOREMENTIONED LINE· S 88"S4'17" E A DISTANCE OF 321.73 FEET MORE OR I ESS TO A pOINT IN THE EAST liNE OF SAID EAST 112 OF THE WEST 112 OF THE SOlJTHEAST 1 /4 OF THE SOlJTHWEST 1 /4 TO A pOINT BEING THE END

OF SAID LINE. TOGETHER WITH: AN INGRESS AND EGRESS EASEMENT SAID EASEMENT BEING THE NORTH 449 5 FEET OF A 1 5 FOOT WIDE STRIp OF I AND I XING EASTER I X OF ADIACENT

AND CONTIGUOUS TO EAST LINE OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 TOWNSHIP 41 SOllTH RANGE 42 EAST pAl M BEACH COlJNTX FlORIDA· I ESS THE NORTH 6000 FEET THEREOF

CONTAINING· 364 ACRES MORE OR lESS

SUBJECT TO EASEMENTS RESTRICTIONS AND RIGHTS OF WAY OF RECORD.

Disclosure of Beneficial Interest Ownership form Created 01/22/2007 Updated 01/31/2007


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PALM BEACH COUNTY - ZONING DIVISION FORM #...Q2...

DISCLOSURE OF OWNERSHIP INTERESTS - PROPERTY

TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE

DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA

COUNTY OF PALM BEACH

BEFORE ME, Ihe lIntlerslgned allthority, tllis day personally appeared

GREG WIiTA __ , hereinafter referred to as "Affian!." who

being by mo Ilrsl duly sworn. under oalh, deposes and slales as follows

PrllllfOfm

1. Affiant Is Ihe I 1 ill(Jivirllial or l" l __ '_'_A_N_A_G_'N_G'-M_, _M_,_E_R ____ !posilion-

e.g .. presidonl, portnBr, tfllstoe} of CARTERS CAY VilLAS LLC {name and type of

entity-e.g. , ABC Corporation, XYZ limiled Partnersltlp} lilal holds an ownership

illierest in real property legally described on the altached Exhib il HA~ (the ··Property").

The Property is the subject of an application for Comprehensive Plan amendment or

Development Order approval with Palm Beach County.

2. Affiant's address is: 201 TONEY PENNA DR, JUPITER. FL 33':58

3. Attached hereto as Exhibit HS" is a complete listing of the Ilames and

addresses of every person or enlily having a five percent or greater interest in the

Property. Disclosure does not apply to an mdividual's or entity's interest in any entity

registered wiD, U,e Federal Securities Exchange Commission or registered pursuant to

Chapter 517, Florida Statutes, whose interest is for sale to the general public .

4. Affiant acknowledges that Ihis Affidavit is given to comply with Patm

Beach County policy, and will I)e relied upon by Palm Beactl County In its review of

application for Comprehensive Plan amendmenl or Development Order approval

affecllng the Property. Affiant further acknowledges thai he or she is authorized to

execute this Disclosure of Ownership Interests on behalf of any and all individuals or

entities holding a five percent or greater il1terest in Ihe Property.

5. Affianl further acknowledges tllat he or she shall by affidavit amend Ihis

disclosure 10 reflect any changes to ownership interests in Ihe Property that may occur

before Hle date of final public hearing on lhe application for Comprehensive Plan

amendment or Development Order approval.

Disclosure of Seneficial lnlerest Ownership form Created 01/22/2007 Updated 01/31/2007


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PALM BEACH COUNTY - ZONING DIVISION FORM#~

EXHIBIT "A"

PROPERTY LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 3, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. BEING THE SOUTH 408 FEETOF THE NORTH 424.S FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS THE NORTH 32.S FEET THEREOF TAKEN BY PALM BEACH COUNTY FOR ROAD RIGHT-OF-WAY PURPOSES, LESS ALSO THAT PORTION LYING EAST OF A LINE 660.0 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 3. ALSO DESCRIBED AS: A PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; FROM THE NORTHWEST CORNER OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, PROCEED SOUTHERLY ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 60.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST LINE 364.S FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 306.43 FEET TO A LINE 660.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE 364.S FEET TO A LINE 60.00 FEET SOUTH OF AND PARALLEL TO SAID NORTH LINE; THENCE WESTERLY PARALLEL TO SAID NORTH LINE 309.S0 FEET TO THE POINT OF BEGINNING. AND THAT PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 41 SOUTH, RANGE 42 EAST; LESS HOWEVER, THE NORTH 424.S FEET; ALSO LESS THAT PORTION OF SAID EAST 1/2 LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: FROM THE SOUTHWEST CORNER OF SAID SECTION 3, BEAR S 88"S4'17" E ALONG THE SOUTH LINE OF SAID SECTION 3 A DISTANCE OF 9S8.64 FEET; THENCE N 01"OS'S7" E, ALONG THE WEST LINE OF THE EAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 16.S0 FEET; THENCE CONTINUE N 01"OS'S7" E, ALONG SAID WEST LINE, A DISTANCE OF 11SS.41 FEET; THENCE S 89"09'04" E, A DISTANCE OF 322.87 FEET TO A POINT IN THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE N 01 "lS'40" E, ALONG SAID EAST LINE, A DISTANCE OF 106.S0 FEET TO A POINT IN THE SOUTH LINE OF A 60.00 FEET RIGHT-OF-WAY, AS RECORDED IN O.R. BOOK 348S, PAGE 1142, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE S 89"09'44" E, ALONG THE SOUTH LINE OF SAID 60.00 FOOT RIGHT-OFWAY, (A PORTION OF WHICH IS RECORDED IN O.R. BOOK 348S, PAGE 1144, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA), A DISTANCE OF 323.17 FEET TO A POINT IN THE EAST LINE OF THE WEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE S 01" 2S'22" W, ALONG SAID EAST LINE, A DISTANCE OF S06.82 FEET, FOR A POINT OF BEGINNING OF THE AFOREMENTIONED LINE; S 88"S4'17" E A DISTANCE OF 321.73 FEET MORE OR LESS TO A POINT IN THE EAST LINE OF SAID EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A POINT BEING THE END OF SAID LINE. TOGETHER WITH: AN INGRESS AND EGRESS EASEMENT SAID EASEMENT BEING THE NORTH 449.S FEET OF A 1S FOOT WIDE STRIP OF LAND LYING EASTERLY OF ADJACENT AND CONTIGUOUS TO EAST LINE OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; LESS THE NORTH 60.00 FEET THEREOF. CONTAINING: 3.64ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD.

Disclosure of Beneficial Interest -Applicant form Page 3 of 4

Created 01/30/2007 Web Format 2008


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Exhibit D Planning Division letter for Workforce Housing Exemption

Department of Planning,

Zoning &. Building

2300 North Jog Road

West Palm Beach. FL 33411-2741

(561) 233-5000

Planning Division 233-5300

Zoning Division 233-5200

Building Division 233-5100

Code Enforcement 233-5500

Contractor Certification 233-5525

Administration Office 233-5005

Executive Office 233-5228

www.pbcgov.com/pzb

• Palm Beach County

Board of County Commissioners

Addie L. Greene. Chairperson

Jeff Koons. Vice Chair

Karen T. Marcus

Robert J. Kanjian

Mary McCarty

Burt Aaronson

Jess R. Santamaria

County Administrator

Robert Weisman

"An Equal Opportunity Affinnative Action Employer"

© printed on recycled paper

October 31, 2008

Bernard J. Godek, Executive Director Habitat for Humanity of Palm Beach County, Inc. 1225A South Military Trail West Palm Beach, Florida 33415

RE: Grant Exemption from the Workforce Housing Requirements (peNs: 00-42-41-03-00-000-7420 & 7430)

Dear Mr. Godek:

The Planning Division is in receipt of your correspondence received on October 30, 2008, requesting an exemption from the Workforce Housing requirements based on ULDC Article 5.G.B.1. "Exemptions, a. Projects that target the development of units primarily limited to households having incomes that are less than or equal to 60 percent AMI, and use federal, state or local funding sources. An exemption may require the submittal of documentation indicating how income restrictions and affordability periods will be guaranteed. These projects may elect to utilize the WHP program, but any density bonus shall be subject to the requirements of Art. 5.G.1.F.1, Sector Analysis."

Habitat for Humanity of Palm Beach County (HFHPBC) proposes to develop twenty (20) single family homes on 3.63 acres in the Kennedy Estates area of the unincorporated County. HFHPBC is targeting households with incomes that are less than or equal to 60% of area medium income (AMI) to purchase and reside within these units (per ULDC 5.G.B.1.a). Also, the proposed twenty (20) units are less than the twenty-nine (29) unit total that "by-righf' could be constructed on the property, thus no bonus density is being utilized.

In addition, the Commission on Affordable Housing has made a recommendation to take a request for "conceptual approval" to the BCC for $750,000, in which HFHPBC will construct units that will be set aside for home buyers with incomes that are 50% and below AMI.

Planning Division staff finds this request to be consistent with the intent of ULDC Article 5.G.B.1.a. and grants HFHPBC the exemption from the Workforce Housing requirement to provide a portion of the units to households with incomes ranging from 60% to 150% of AMI.

Please continue forward with the appropriate site plan approval process.

If you have any questions or concerns regarding this letter, you may contact me at (561) 233-5361.

mrMtJ,1l .. o

/~~l~el HOW~ Senior Planner

c: Patrick Rutter, Chief Planner, Planning Div. John Rupertus, Senior Planner, Planning Div. Maryann Kwok, qhief Planner, Zoning Div. Wendy Hernandez, Zoning Manager, Zoning Div.

T:\planning\comprehensive\housing\inclusionary\exemption\habitatexemption 1 031 OB.docx

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