PALM BEACH COUNTY

Transcription

PALM BEACH COUNTY

PALM BEACH COUNTY
PLANNING, ZONING AND BUILDING DEPARTMENT
ZONING DIVISION
PDD/W/R/TDR/2005-1730
2002-011
Westbrooke Homes
Westbrooke Homes
Sara Lockhart, AICP
(561) 301-4050
Kristin Tetsworth, Senior Site Planner
ktetswor@pbcgov.com
______________________________________________________________________
Application No.:
Control No.:
Applicant:
Owners:
Agent:
Telephone No.:
Project Manager:
Location: Southwest corner of Belvedere Road and Cleary Road (WD Gardens PUD).
______________________________________________________________________
Title: Official Zoning Map Amendment to a Planned Development District. Request:
Rezoning from the Multiple Use Planned Development (MUPD) District to the
Residential Planned Unit Development (PUD) District. Title: Waiver. Request: To
allow deviation from cul-de-sac or dead-end restrictions. Title: Requested Use.
Request: To allow 21 Workforce Housing units. Title: Transfer of Development
Rights. Request: To allow the Transfer of Development Rights for a maximum of 114
units and to designate this site as the receiving area for those units.
______________________________________________________________________
APPLICATION SUMMARY: Proposed is the rezoning of 54.63 acres of land from the
Multiple Use Planned Development (MUPD) District to the Residential Planned Unit
Development (PUD) District; to allow for the transfer of 114 development rights; to
enable a total of 266 residential units, which will include 21 Workforce Housing units.
The Master Plan indicates 105 zero lot line units; 161 multifamily units; 24.72 acres of
open space; a 5.33-acre lake tract; two recreation areas on 1.53 acres; and a 1.29- acre
private civic tract. Access to the site will be from Cleary Road.
______________________________________________________________________
ISSUES SUMMARY:
o
Transfer of Development Rights - Density
The Transfer of Development Rights (TDR) program is the required method for
increasing density within Palm Beach County, unless a property owner can demonstrate
and justify a need for higher densities; demonstrate that a property’s current Future
Land Use Atlas (FLUA) designation is inappropriate; or utilize the Voluntary Density
Bonus (VDB) Program for affordable housing. The purpose of the TDR program is to
preserve agricultural and environmentally sensitive lands in perpetuity, thereby
encouraging the most appropriate and efficient use of resources, services and facilities.
Development rights of qualifying lands are purchased by the County and credited to the
County’s TDR Bank, where the inventory of rights are maintained prior to their purchase
and distribution to qualifying receiving areas.
The Planning Division has determined that the subject site qualifies as a TDR receiving
area, and that the applicant may purchase a maximum of 3 TDR units per acre due to
the site’s geographic location. The applicant may request up to a total of 315 total units
based upon the location and acreage of the subject site. The applicant is proposing to
purchase 114 TDR units (2.08 units/acre) to allow for the development of 266 total
dwelling units (4.9 dwelling units/acre). The following table provides a comparison of
density for the underlying Low Residential 1 (LR-2) Future Land Use (FLU) designation
of the subject 54.63-acre site:
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Total Units
Standard
1 unit/acre
55
Maximum Allowable Density
PUD with
PUD
Maximum TDR Purchase
1 unit/acre
4 units/acre
55
163
Proposed
Development
4.9 units/acre
266
As part of the 2004 Annual TDR Report, the Board of County Commissioners (BCC)
established a price of $50,000 per TDR unit. Therefore, the cost for 114 TDR units
would be $5,700,000 at a purchase price of $50,000 per TDR unit.
o
Workforce Housing Program
In August 2004, the Board of County Commissioners (BCC) adopted the Comprehensive
Plan policy amendments to the Housing Element, the Transportation Element and the
Future Land Use Element in order to establish a voluntary WHP program. The ULDC
Article 5.G.1.D Density Bonus/Workforce Housing Program (WHP) was also amended
and adopted by the Board of County Commissioners on February 23, 2006 to be
consistent with the Comprehensive Plan amended policies.
The WHP provides for the development and equitable geographic distribution of
workforce housing units; preserves the affordability of the units created under the
program; and, provides a density bonus, plus other incentives, in exchange for the
construction of dwelling units attainable by low, moderate and middle income households.
The Planning Division has reviewed the request to allow increased density through the
TDR program. This allows the site to be developed at its maximum density calculation
of two (2) units per acre permitted by its LR-2 designation. The applicant indicates they
will be requesting TDR’s at final approval by the Development Review Officer (DRO).
Based on BCC direction and in order to promote the County Direction and the Goal of
the Future Land Use Element, staff informed the applicant that the Planning Division
would recommend to the BCC that 21 of the 114 proposed dwelling units be available
for Moderate Income Categories. Since the proposed development includes additional
units to be applied for, off the Board, through the TDR program, Staff is proposing
conditions that will require that a percentage of the total units be available for Moderate
Income Categories. See Planning comments for additional information.
o
Consistency with Comprehensive Plan
The Planning Division has determined that the requests are consistent with the site’s
underlying Low Residential 2 (LR-2) Future Land Use designations as well as the
Transfer of Development Rights (TDR) density provisions of the Palm Beach County
Comprehensive Plan. The site is located within Palm Beach International Airport
Overlay (PBIAO) and is in compliance with Article 3.B.10. Additionally, the site is
located within the Urban/Suburban Tier. See Planning Division Comments for
additional information.
o
Compatibility with Surrounding Land Uses
To the north of the subject property is Belvedere Road with a concrete block plant
beyond. The eastern boundary of the site is formed by Cleary Road which separates
the Terracina PUD. The western boundary of the site is formed by the Florida Turnpike.
There are several industrial uses, including Palm Beach County Animal Control beyond.
The LWDD L-14 canal forms the southern boundary of the site with industrial uses
beyond. Subject to the recommended conditions of approval, staff does not anticipate
any adverse impacts to surrounding properties from the request.
o
Traffic
The Engineering Department estimates that the approved uses for the site would
generate 2,177 trips per day. The total number of traffic trips generated from the
previous approval as an industrial park was 2,251 trips per day which represents a net
decrease of 74 trips per day.
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The Engineering Department is requesting that the Master Plan for the project be
revised to reflect compliance with the Board of County Commission adopted maximum
noise level criteria of 65 decibels. The noise level study submitted to the Florida DOT
was based on 66 decibels. The applicant has requested a higher noise level criteria be
used for this PUD due to the cost of meeting the adopted level of 65 decibels. A
Condition of approval has been included in the Engineering Conditions of approval
requiring compliance with 65 decibels, (Engineering Condition 2). This issue will
ultimately be decided by the Board of County Commissioners at the May 25, 2006
Zoning Hearing.
o
Landscape/Buffering
Along the eastern frontage of the project abutting Cleary Road, there will be a 15-foot
right of way buffer together with a 10-foot wide utility easement. Additionally, the
property development regulations require a 15-foot rear setback from the buffer.
Pursuant to the ULDC, the required buffer width may be reduced by 50% where a
project is separated from a R-O-W by a canal, lake, open space, or combination thereof
with a minimum of width of 80 feet. This is the case where the proposed site abuts
Belvedere Road on the north, which is adjacent to the 55-foot wide LWDD L-3 canal.
Staff has no objection to the request because the applicant is not requesting the full
reduction, and will provide a 10-foot wide buffer with a 10-foot wall. A 20-foot wide Type
III Incompatibility Buffer with a 14-foot high wall will be provided along the Florida
Turnpike on the west. The same buffer will be provided along the southern border; here
the 6-foot wall will be compliant with the requirements of the Palm Beach International
Airport Overlay (PBIAO), separating industrial from residential units. As proposed and
subject to the recommended conditions of approval, staff anticipates no adverse impacts
to the surrounding properties from the request.
o
Exemplary Projects
Pursuant to Article 3.E.2.A.4 (Exemplary) of the ULDC, a rezoning of property to the
PUD district shall only be granted for projects that exceed the minimum ULDC
requirements for a Planned Development District. The proposed Master and Site Plans
and commitments made within the applicant’s Justification Statement submitted during
the review process provide the following features to achieve the PUD exemplary design
objectives:
•
•
•
•
•
•
•
•
•
o
provision of 21 workforce housing units (Planning Conditions 1 and 2).
Pedestrian interconnectivity within the site which reduces walking
distances and includes a lakefront recreation area with a pool and cabana
in each pod;
curvilinear roadways to enhance the character of the community and offer
a varied streetscape and interrupt the line-of-sight;
decorative paving treatment at the site’s entrance from Cleary Road;
a fountain as a focal feature within the lake tract;
focal points within the cul-de-sacs;
designing the site in a manner that allows pedestrian connectivity to the
recreation/open space areas, and lake tract;
a 1.58-acre (combined) waterfront recreation area that exceeds minimum
ULDC requirements; and,
providing 2.95-acres for a private civic site that is linear in nature to allow
for a mulched pathway.
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. The proposed site
plan indicates that 2 (or 50%) of the proposed 4 streets within the development area will
terminate in a cul-de-sac or dead-end. The applicant is requesting that the BCC waive
this limitation in order to accommodate the proposed site design. Staff has no objection
to the request; in light of the proposed design for the development area; and since the
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efficiency, safety and function of the internal circulation program is not unreasonably
compromised by the proposal.
o
May 4, 2006 Zoning Commission (ZC) Hearing
At the May 4, 2006 Zoning Commission (ZC) Hearing, the agent for the applicant
reviewed the site plan. An adjacent property owner from the Teracina PUD expressed
concern regarding the change in use from industrial to residential and did not think they
were properly noticed with only 2 weeks. However, staff confirmed that is the ULDC
requirement. The adjacent property owners also expressed opposition, concerns and
questions on the workforce housing component of the project. Therefore the ZC voted
unanimously to postpone the project to allow the agent more time to meet with the
residents of Teracina.
Since that time, the Agent and the Director of Land Development for Westbrooke
Homes have met with the residents of the adjacent PUD 2 times and will meet a third
time prior to the next ZC Hearing. Specific concerns were addressed as well as an
informational session explaining what workforce housing is and is not. There was quite
a bit of misinformation in the community that had circulated prior to the May 4th Zoning
Commission Hearing. Overall the residents seemed to support the zoning change from
industrial to residential, and in general did not oppose the overall site layout, however
they do not want the pedestrian walkway on the east side of Cleary Road. Staff agreed
to work out the modification. Additionally, the Terracina residents want the HOA
documents to have clauses that will discourage investors from purchasing these units.
The developer has agreed to all of these requests.
______________________________________________________________________
TABULAR DATA
EXISTING
Property Control
Number(s)
Land Use
Designation:
Zoning District:
00-42-43-27-05-006-0124
00-42-43-27-05-005-0091
LR-2
Tier:
Use:
Acreage:
Dwelling Units:
Multiple Use Planned
Development (MUPD)
Urban/Suburban
Vacant
54.63 acres
0 units
Density:
Parking:
Access:
0 du/ac
0 spaces
Cleary Road
PROPOSED
Same
Same
Residential Planned Unit
Development (PUD)
Same
Residential Development
Same
105 Zero Lot Line Units
161 Multi-family (Condo)
(includes 21 WFH Units)
4.9 du/ac
602 spaces
Same
CODE ENFORCEMENT: N/A
______________________________________________________________________
PUBLIC COMMENT SUMMARY: At the time of publication, staff had received one
letter from the public and forty four (44) letters were received at the May 4, 2006 ZC
Hearing, and 5 phone calls from one family in opposition.
______________________________________________________________________
ACTION BY THE ZONING COMMISSION: May 4, 2006: Postponed by the ZC.
______________________________________________________________________
RECOMMENDATION: Staff recommends approval of the request subject to 43
conditions of approval as indicated in Exhibit “C”.
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______________________________________________________________________
MOTION: To recommend approval of a rezoning from the Multiple Use Planned
Development (MUPD) District to the Residential Planned Unit Development (PUD)
District.
MOTION: To recommend approval of a waiver from cul-de-sac or deadend restrictions.
MOTION: To recommend approval of a request to allow 21 workforce housing units.
MOTION: To recommend approval of the request to allow the Transfer of Development
Rights and designate this site as the receiving area for 114 development rights.
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AERIAL PHOTOGRAPH NOT INCLUDED
IN ELECTRONIC STAFF REPORT
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MASTER PLAN
DATED FEBRUARY 21, 2006
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REGULATING PLAN
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REGULATING PLAN
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STAFF REVIEW AND ANALYSIS
PLANNING DIVISION COMMENTS:
FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential, 2 units per acre
(LR-2)
CONSISTENCY WITH FLU PLAN DESIGNATION: The Planning Division has reviewed
the request for a rezoning from the Multiple Use Planned Development (MUPD) Zoning
District to the Residential Planned Unit Development (PUD) Zoning District; a requested
use to allow a residential development, including Workforce Housing Program (WHP)
units for an increase density of 40% from 109 units to 152 units and to develop 21
affordable units; and a Transfer of Development Rights (TDR) Request for 114 TDR
units and to designate this site as the receiving area in order to construct a total of 266
dwelling units. The proposed development would consist of 105 zero lot line units and
161 multi-family units. The affordable units will be within the multi-family development
pod. All of the WHP conditions and other conditions of approval will apply. Planning
staff has determined the proposal is appropriate for this site's LR-2 FLU designation.
The LR-2 land use designation allows the following number of units:
54.63 ac x 2 du/ac = 109 units (with a PUD)
Additionally, the entire property has the potential to be developed with additional units
under the County's Transfer of Development Rights (TDR) program. FLUE Policy 2.6-g
permits a property in the Urban/Suburban Tier east of the Florida Turnpike but not in the
Revitalization and Redevelopment Overlay to be developed up to an additional three (3)
units per acre. Therefore, the entire property has the potential to be developed as
follows:
(54.63 ac x 2 du/ac = 109 units) + (54.63 ac x 3 TDR du/ac = 163 units) = 272 units
Furthermore, FLUE Policy 1.2-d allows an increase in density in appropriate areas
within the County to direct growth away from natural resources and to use infrastructure
more efficiently if the proposed development applies to the Workforce Housing
Program, which allows an opportunity to set aside a certain percentage of units for
affordable housing, as described in the policies in Housing Element Objective 1.1 and
1.5. As such, the permitted potential density with workforce housing units is as follows:
(54.63 ac X 2 du/ac = 109 units) + (54.63 ac X 3 TDR du/ac = 163 TDR units) +
(109 units X 40% density bonus = 43 du, with 21 du required for WFH) = 315 Total units
The proposal requests a 40% increase above the permitted density of 109 dwelling
units. The total requested density includes the following: 109 dwelling units (PUD
density), 43 Workforce Housing Units and 114 Transfer of Development Rights Units,
for a total of 266 dwelling units. Of the 43 WHP units, 21 are provided for households at
or below 120% of the median households income. A restrictive covenant will be
recorded in the Public Records of Palm Beach County to ensure that these units remain
affordable for 10 years.
Provided the site complies with PUD exemplary design standards, the applicant has the
ability to request a total of 315 units. The Zoning Division will address the project's
compliance with exemplary design standards for a PUD.
Pursuant to FLUE Policy 2.6-i, Planning and Zoning staff reviewed the request for
compatibility with the surrounding area and found that the proposed density and
character is generally consistent with the surrounding communities.
In accordance with FLUE Policy 4.3-i, TE Policy 1.9-j, and TE Policy 1.9-l, Planning
Staff encouraged the applicant to improve the pedestrian network on the site plan. The
applicant included various pedestrian amenities, including a pedestrian path added to
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the east of Cleary Road as well as additional lake front amenity areas, and bus stops
accessible from the developments sidewalk system.
TIER: The subject property is in the Urban/Suburban Tier.
FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The
subject site is located within the future annexation area of the Town of Haverhill and the
City of West Palm Beach. As part of the public hearing process, Zoning Staff has
notified these municipalities of the request.
SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA:
The subject site is located within the Palm Beach International Airport Overlay (PBIAO), Jog Road Corridor Study Sub-areas V and VI (JRCS 5 and 6), and the Haverhill
Area Neighborhood Plan (HANP). Staff has reviewed the proposed request for
compliance with recommendations of these plans and has the following analysis.
PBIA Overlay Provisions within the Comprehensive Plan: The proposed request is
consistent with the provisions of the PBIA Approach Path Conversion Overlay as
specified within the County's Comprehensive Plan. Per requirements of the PBIA
Overlay, the proposed request was presented to the PBIA Overlay Committee on
January 11, 2006 for their review prior to DRO certification. At this meeting, in a 6-1
vote, the PBIA-Overlay Advisory Committee recommended approval of the project.
Committee discussion focused on concerns about the over reaching goals of the
Workforce Housing Program.
Jog Road Corridor Study Sub-areas V: The proposal adheres to recommendations of
the Study in which it highly recommends mixed-use developments in this sub-area.
Additionally, the Study encourages the use of the Transfer of Development Rights
(TDR) program. Once developed, notification to the new residential property owners
must be provided, indicating that they are within the PBIA-Overlay and that they may
experience some airport related noise. The applicant should coordinate language with
PBIA staff for sales brochures and sales documents regarding airport noise notification.
Jog Road Corridor Study Sub-areas VI: The proposal adheres to recommendations of
the Study in which it requires a buffer of native vegetation along Belvedere Road to
retain the residential character. The site plan designates the utilization of native
vegetation along Belvedere Road.
Haverhill Area Neighborhood Plan: The proposal adheres to recommendations of the
Plan in which it recommends preservation of the residential character along Belvedere
Road by retaining all residential future land use designations between Military Trail and
Florida's Turnpike. The proposed residential use for this site is appropriate.
The Haverhill Area Neighborhood Plan and the Jog Road Corridor Study contain no
recommendations in conflict with this proposal.
FINDINGS: The request is consistent with the LR-2 FLU designation. The applicant
has provided several features on the site plan that are in compliance with PBIA-O, the
JRCS, and HANP recommendations. Contingent upon BCC approval of the WHP and
TDR applications, the proposal qualifies for designation as a TDR Receiving Area and is
consistent with the LR-2 FLU designation and TDR density provisions of the
Comprehensive Plan. According to FLUE Policy 2.6-I, the TDR price is determined by
the Board of County Commissioners (BCC). As part of the 2005 Annual TDR Report,
the BCC established a price of $50,000 per TDR unit. The TRANSFER OF
DEVELOPMENT RIGHTS (TDR) SUPPLEMENTAL APPLICATION” reflects this
purchase price.
______________________________________________________________________
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ENGINEERING COMMENTS:
MAJOR THOROUGHFARES
Total traffic expected from this project as a PUD is 2177 trips/day. Total traffic from the
previous approval as an industrial park was 2251trips/day. Net decrease is expected to
be 74 trips/day.
Project Design: The Engineering Department is requesting that the Preliminary
Development Plan for the project be revised to reflect compliance with the Board of
County Commission adopted maximum noise level criteria of 65 decibels. The noise
level study submitted to the Florida DOT was based on 66 decibels. The applicant has
requested a higher noise level criteria be used for this PUD due to the cost of meeting
the adopted level of 65 decibels. A Condition of approval has been included in the
Engineering Conditions of approval requiring compliance with 65 decibels. This issue
will ultimately be decided by the Board of County Commissioners at the May 25, 2006
Zoning Meeting.
TRAFFIC:
Belvedere Road
SEGMENT:
Cleary Road to Jog Road
PRESENT:
33832
HISTORICAL
GROWTH TRAFFIC: OTHER DEVELOPMENT
TRAFFIC: FROM PETITION:
No increase in traffic
TOTAL:
PRESENT CAPACITY AT
LEVEL OF SERVICE “D”:
49200
PRESENT LANEAGE:
6 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 unimproved and contains native
vegetation. Native vegetation consists of Slash pine, Live oak and Cabbage palm. A
25% set-aside consisting of 2.60 acres was established with this parcel with previous
DRO approvals and continues unchanged with the current site plan proposal.
WELLFIELD PROTECTION ZONE: The property is located within a Wellfield Protection
Zone 4 at the very northern most corner.
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.
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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 105 single-family units and 161 multi-family units had been approved
on September 19, 2005 (Concurrency Case #05082502C). The subject property is
located within Concurrency Service Area 12 (SAC 145A).
This project is estimated to generate approximately fifty-nine (59) public school
students.
The schools currently serving this project area are Grassy Waters
Elementary, Jeaga Middle, and Royal Palm Beach High.
The revised Site Plan (dated 1/24/06) shows bus shelter locations.
condition of approval has been applied to this petition request.
A bus shelter
PARKS AND RECREATION: Based on the proposed 266 dwelling units 1.59 acres of
on site recreation is required. The Parks and Recreation Department has granted the
owner a 25% reduction in land area, based upon additional amenities being provided.
The plan submitted indicates there will be 1.53 acres of recreation provided, therefore,
the Parks and Recreation Department standards have been addressed
CONCURRENCY: Concurrency has been approved for 105 zero lot line units and 161
multi-family (Condo) units.
WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department.
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 54.63 acre site, with approximately 677 feet of frontage on
Belvedere Road, and 1,472 feet abutting the Florida Turnpike. The site is currently
vacant.
ADJACENT LAND USE AND ZONING:
NORTH:
FLU Designation: Low Residential (LR-3)
Zoning District: Agricultural Residential District (AR)
Supporting: vacant
SOUTH:
FLU Designation: Industrial (IND)
Zoning District: Light Industrial District (IL)
Supporting: industrial (Westport Industrial, Control No 1982-042)
EAST:
FLU Designation: Low Residential (LR-2)
Zoning District: Residential Planned Unit Development District (PUD)
Supporting: residential (Terracina PUD (aka Johnson PUD), Control No 2001076)
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WEST:
FLU Designation: Industrial (IND) / Institutional (INST)
Zoning District: Residential Multifamily District (RM)
Supporting: Contractor’s storage Yard/ PBC Animal Control
ZONING REQUIREMENTS: A final site plan shall be approved by the Development
Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC).
The DRO review will ensure compliance with Board of County Commission conditions of
approval, and all applicable section of the ULDC.
FINDINGS:
1.
Consistent with Comprehensive Plan. Staff has determined that the
proposed rezoning with the requested use for TDR’s is consistent with the
purposes, goals, objectives and policies of the Comprehensive Plan,
including standards for building and structural intensities and densities, and
intensities of use;
2.
Supplementary Use Standards. The proposed rezoning with the
requested use for TDR’s complies with all relevant and appropriate portions
of Article 4.A, Supplementary Regulations of the Code;
3.
Compatibility. The proposed rezoning with the requested use for TDR’s is
compatible as defined in the Code and generally consistent with the uses
and character of the land surrounding and in the vicinity of the land
proposed for development;
4.
Design Minimizes Adverse Impact. The design of the proposed rezoning
with the requested use for TDR’s minimizes adverse effects, including
visual impact and intensity of the proposed use on adjacent lands;
5.
Adequate Public Facilities. The proposed rezoning with the requested use
for TDR’s complies with Article 2.F, CONCURRENCY (Adequate Public
Facilities);
6.
Design Minimizes Environmental Impact. The design of the proposed
rezoning with the requested use for TDR’s minimizes environmental
impacts, including but not limited to water, air, stormwater management,
wildlife, vegetation, wetlands and the natural functioning of the environment.
7.
Development Patterns. The proposed rezoning with the requested use for
TDR’s will result in logical, timely and orderly development patterns.
8.
Other Standards. The proposed rezoning with the requested use for TDR’s
complies with all standards imposed on it by all other applicable provisions
of the Code for use, layout, function, and general development
characteristics.
9.
Consistency with Neighborhood Plans. As proposed and conditioned
herein, the development is generally consistent with applicable
neighborhood plans.
10.
Changed Circumstances. The proposed rezoning with the requested use
for TDR’s is a direct response to changing market demand for residential
housing units, particularly with a Workforce Housing component.
______________________________________________________________________
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EXHIBITS
Exhibit A:
Legal Description (NA - attached to resolution)
Exhibit B:
Vicinity Sketch
Exhibit C:
Conditions of Approval
Exhibit C-1: Conditions of Approval for the Transfer of Development Rights
Exhibit D:
Accident History Report
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EXHIBIT C
CONDITIONS OF APPROVALS
ALL PETITIONS
1.
Development of the site is limited to the site design approved by the Board of
County Commissioners. The approved master plan is dated February 21, 2006.
All modifications must be approved by the Board of County Commissioners or
Zoning Commission unless the proposed changes are required to meet
conditions of approval or are in accordance with the ULDC. (ONGOING:
ZONING - Zoning)
ARCHITECTURAL REVIEW
1.
Prior to final approval by the Development Review Officer (DRO), architectural
elevations for any project signage, gatehouse, school bus shelter, entry feature,
recreation/clubhouse building, and all residential buildings, shall be submitted for
review and approval by the Architectural Review Section. All elevations shall be:
a.
b.
given a similar architectural treatment that is generally consistent with the
architectural character of the proposed residential units; and,
reflected on the Regulating Plan. (DRO: 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, 2009. 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.
A.
Prior to final approval by the Development Review Officer (DRO), the
Master Plan shall be revised to reflect compliance with the Board of
County Commission adopted policy for noise levels of no greater than 66
decibels for residential developments. Any required mitigation as a result
of the anticipated noise such as a sound wall and landscape buffer, shall
be shown on the Master Plan for this site subject to the approval of the
County Engineer and Zoning Division. (DRO: ENG-Eng)
B.
Construction of any required sound walls and landscape buffers as
outlined in the Noise Analysis, shall be completed prior to the issuance of
the first certificate of occupancy. (CO:MONITORING-Eng)
C.
The property owner shall notify future home buyers by providing that all
homeowners documents, sales contracts, as well as all sales brochures,
Master Plans and related Site Plans contain a disclosure statement
identifying that this site is adjacent to the Florida Turnpike and the
proposed dwelling units are in an area subject to noise generated by traffic
as a result of its location to the Florida Turnpike. Also, there shall be a
statement included in the sales contracts and homeowner documents the
noise levels residents may expect after any noise mitigation improvements
will be constructed by the Property owner. All sales contracts and
homeowner documents shall include a statement that any additional
noise mitigation measures requested in the future will not be constructed
by Palm Beach County. (ONGOING: MONITORING- Eng)
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D.
The property owner shall submit documentation of compliance with the
requirements above on an annual basis to the Monitoring Section of
Planning, Zoning and the Building Department. The next report shall be
submitted on or before June 15, 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 homeowner's association. (DATE:
MONITORING-Eng)
3.
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 owners road right of way. Construction
within this easement shall conform to Palm Beach County Standards. (TC:ENGEng)
4.
Prior to the 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 west approach on Belvedere Road at
Cleary Road. This right-of-way shall be a minimum of 280 feet in storage length,
twelve feet in width and a taper length of 50 feet, and shall be located south of
the Ultimate south right of way line of the LWDD L-3 Canal. 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: MONITORINGEng)
5.
The Property owner shall construct a 5 foot pedestrian pathway along the west
side of Cleary Road. Limits of this pathway shall be from Southern Boulevard
north to the existing southern terminus of the existing pathway on the west side
of Cleary Road
6.
a.
This construction shall be concurrent with the paving and drainage
improvements for the site. Any and all costs associated with the
construction shall be paid by the property owner. These costs shall
include, but are not limited to, utility relocations and acquisition of any
additional required right-of-way.
b.
Permits required by Palm Beach County for this construction shall be
obtained prior to the issuance of the first Building Permit. (BLDG
PERMIT: Monitoring-Eng)
c.
Construction shall be completed prior to the issuance of the first Certificate
of Occupancy. (CO: MONITORING-Eng)
Landscape Within the Median of Belvedere Road
A.
The property owner shall design, install and perpetually maintain the
median landscaping within the median of all abutting right of way of
Belvedere Road. 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 property owner provides payment for maintenance as set forth in
Paragraph d below.
B.
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)
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C.
D.
E.
6.
All installation of the landscaping and irrigation shall be completed prior to
the issuance of the first certificate of occupancy. (CO: MONITORING Eng)
At property owner’s option, when and if the County is ready to install
OTIS on the surrounding medians of this roadway adjacent to the property
owner 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.
Alternately, at the option of the property owner, and prior to the issuance
of a Building Permit, 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 Belvedere Road. 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. (BLDG PERMIT:MONITORING-Eng)
PREPAYMENT OF IMPACT FEES
Pursuant to the terms of the Traffic Performance Ordinance, the property owner
agrees to pay to the County an amount equal to one and one-half times the
standard impact fee rate. These funds shall then be used to help ensure
construction of the Belvedere Road widening between Jog Road and Haverhill
Road needed for concurrency. Property owner agrees to post surety in this
amount in the form of a clean, irrevocable Letter of Credit in a form acceptable to
the County prior to January 1, 2007. Palm Beach County may then draw on
these funds at any time thereafter. Upon payment of these funds by the Property
owner to the County, the surety shall be released and discharged. If Property
owner fails to pay this amount prior the to the January 1, 2007 due date, the
County may draw against the surety. When the County receives payment of
these funds from the Property owner, or receives acceptable surety securing this
amount, the County shall establish a credit against road impact fees in this
amount which shall run with the land. Payment of this amount does not vest
Property owner, or a successor in interest to the property, against future
increases in road impact fee rates that may occur from time to time. Once the
total road impact fee credit has been exhausted, Property owner, or a successor
in interest to the property, shall be required to pay additional road impact fees in
accordance with Unified Land Development Code, Article 13.
(DATE:
MONITORING-Eng)
7.
SIGNALIZATION REQUIRMENTS - Cleary Road and Belvedere Road
a)
The Property Owner shall fund the cost of signal installation if warranted
as determined by the County Engineer at Cleary Road and Belvedere
Road. Signalization shall be a mast arm structure installation. The cost of
signalization shall also include all design costs and any required utility
relocation. (ONGOING:ENG-Eng)
b)
Building Permits for more than 25 dwelling units shall not be issued until
the developer provides acceptable surety in the form of a cash bond or
escrow agreement to the Traffic Division in an amount as determined by
the Director of the Traffic Division. (BLDG PERMIT:MONITORING-Eng).
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c)
8.
In order to request release of the surety for the traffic signal at Cleary
Road and Belvedere Road, the Property Owner shall provide written
notice to the Traffic Division stating that the final certificate of occupancy
has been issued for this development and requesting that a signal warrant
study be conducted at this intersection. The Traffic Division shall have 24
months from receipt of this notice to either draw upon the monies to
construct the traffic signal or release the monies. (ONGOING: ENG-Eng)
The concurrency approval is subject to the project aggregation rule set forth in
the Traffic Performance Standards Ordinance. (ONGOING: ENG-Eng)
ENVIRONMENTAL
1.
A 25% upland set-aside equal to or greater than 2.60 acres shall be depicted on
the site plan in a location that contains the highest quality native vegetation and
is approved by ERM. (ONGOING:ERM-ERM)
2.
Prior to final approval by the Development Review Officer (DRO), a Preserve
Management Plan and form of recordation such as Conservation Easement,
Restrictive Covenant or Plat, shall be approved by ERM and recorded by the
applicant. (DRO:ERM-ERM)
LANDSCAPE STANDARDS
1.
Prior to the issuance of a building permit, the property owner shall submit a
Landscape Plan to the Landscape Section for review and approval. The Plan(s)
shall be prepared in compliance with all landscape related conditions of approval
as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning)
2.
A minimum of seventy-five (75%) percent of canopy trees to be planted in the
landscape buffers shall be native. (BLDG PERMIT: LANDSCAPE-Zoning)
3.
A group of three (3) or more palms may not supersede the requirement for a
canopy tree in that location, unless specified herein. (BLDG PERMIT:
LANDSCAPE - Zoning)
4.
Field adjustment of berm and plant material locations may be permitted to
provide pedestrian sidewalks/bike paths and to accommodate transverse utility or
drainage easements crossings and existing vegetation. (BLDG PERMIT:
LANDSCAPE - Zoning)
5.
All landscape focal points shall be subject to review and approval by the
Landscape Section and reflected on the Regulating Plan prior to final approval by
the Development Review Officer (DRO). (DRO: ARCH REVIEW - Zoning)
6.
LANDSCAPING ALONG THE NORTH AND SOUTH PROPERTY LINES
(FRONTAGE OF BELVEDERE AND ABUTTING INDUSTRIAL)
In addition to the code requirements, landscaping along the north and south
property lines shall be upgraded to include:
a.
b.
a six (6) foot high opaque concrete wall, measured from finished floor
elevation. The exterior side of the wall shall be given a finished
architectural treatment that is consistent with the color and style of the
principal structure; and,
one (1) palm or pine for each for each thirty (30) linear feet of the property
line with a maximum spacing of sixty (60) feet between clusters. (BLDG
PERMIT: LANDSCAPE - Zoning)
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7.
LANDSCAPING ALONG THE WEST PROPERTY LINE (ABUTTING THE
FLORIDA TURNPIKE)
In addition to code requirements, landscaping along the west property line shall
be upgraded to include:
a.
b.
a fourteen (14) foot high prefabricated noise barrier wall for a distance of
1,473 linear feet, plus a distance of 100 linear feet along the north and
south property lines. Interior side of the wall shall be given a finished
architectural treatment that is consistent with the color and style of the
principal structures; and,
one (1) palm or pine for each for each thirty (30) linear feet of the property
line with a maximum spacing of sixty (60) feet between clusters,
alternating on both sides of the wall. (BLDG PERMIT: 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)
PLANNING
1.
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 future residents of the PUD, the
PUD's existence in the Palm Beach International Airport Flight Path and proximity
to the Florida Turnpike and that residents may experience some airport and
traffic related noise. The developer/property owner shall submit documentation of
compliance with this condition on an annual basis to the Monitoring Section of
the Planning, Zoning and Building Department beginning on June 1, 2007 and
shall continue on an annual basis until all units within the development have
been sold or the developer relinquishes control to the homeowners association.
(DATE: MONITORING –Planning/Zoning)
2.
Prior to final approval by the Development Review Officer (DRO), the 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.
b.
3.
Guarantees the affordability of workforce housing units for moderate
income households (80-120% of area median income) for a period of ten
years; and
Guarantees that the workforce housing units shall not be further restricted
beyond the requirement that the occupants qualify for the income limits.
(DRO: PLANNING/CO ATTORNEY- Planning)
Prior to final approval by the Development Review Officer (DRO), the property
owner shall show the following on the site plan:
a.
the minimum required twenty-one (21) units will be equitably distributed
through the buildings;
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b.
c.
4.
units are required to be provided as twenty-one (21) units to moderate
income households (80-120% of area median income);
the minimum required twenty-one (21) affordable units shall include similar
variation in bedroom and floor area options as the market rate units.
(DRO: PLANNING -Planning)
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 WD Gardens PUD
project, that the project has twenty-one (21) affordable housing units and any
residents wishing to reside in a unit that has been earmarked as an affordable
housing unit shall qualify for eligibility. Every deed of sale for each of the twentyone (21) affordable units shall contain a 10 year restriction guaranteeing the
property is sold and occupied by a moderate income household only, for the 10
year period. The property owner is responsible for disclosure of the location of
these twenty-one (21) affordable units prior to the sale of any units. The
developer or property owner shall submit documentation of compliance with this
condition on an annual basis to the Planning Division of the Planning, Zoning and
Building Department beginning on June 1, 2007 and shall continue on an annual
basis by either the developer or subsequent property owner of the unit. (DATE:
MONITORING- Planning)
PLANNED UNIT DEVELOPMENT
1.
Prior to recordation of the first plat, all property included in the legal description of
the subject property shall be subject to a Declaration of Restrictions and
Covenants acceptable to the County Attorney's office which shall include the
following:
a.
b.
c.
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.
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.
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: MONITORING Cty Atty)
SCHOOL BOARD
1.
Prior to the issuance of the first Certificate of Occupancy (CO), the school bus
shelter shall be constructed by the property owner in a location and manner
acceptable to the Palm Beach County School Board. Provisions for the bus
shelter 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.
(ONGOING: SCHOOL BOARD-School Board)
2.
The property owner shall post a notice of annual boundary school assignments
for students from this development prior to the issuance of the first Certificate of
Occupancy (CO). 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
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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). (CO: SCHOOL BOARD-School Board)
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-PBCWUD)
COMPLIANCE
1.
In granting this approval, the Board of County Commissioners relied upon the
oral and written representations of the property owner 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.
b.
c.
d.
e.
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
The revocation of the Official Map Amendment, Conditional Use, Requested
Use, Development Order Amendment, and/or any other zoning approval;
and/or
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
Referral to code enforcement; and/or
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.
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EXHIBIT C-1
TRANSFER OF DEVELOPMENT RIGHTS
TRANSFER OF DEVELOPMENT RIGHTS
1.
At time of submittal for final Development Review Officer (DRO) approval, an
official “Contract for Sale and Purchase of TDR Units”, “TDR Escrow
Agreement”, and “TDR Deed” shall be submitted for final review and execution.
(DRO: ZONING - Zoning)
2.
Prior to final approval of the Master and/or Site Plans by the Development
Review Officer (DRO), a “Contract for Sale and Purchase of TDRs” shall be
executed by the property owner, in a manner and form approved by the Office of
the County Attorney, and formally executed by the Chairman of the Board of
County Commissioners. The Contract shall accommodate a maximum of one
hundred fourteen (114) TDR units at a selling price of $50,000.00 per unit.
(DRO: COUNTY ATTORNEY - Zoning)
3.
Prior to final approval by the Development Review Officer (DRO), two (2)
recorded copies of the “Contract for Sale and Purchase of TDRs” shall be
provided to the Palm Beach County Zoning Division. (DRO: ZONING - Zoning)
4.
Prior to final approval by the Development Review Officer (DRO), monies
representing one hundred fourteen (114) TDR units shall be placed in an escrow
account in a form acceptable to Palm Beach County. (DRO: ZONING - Zoning)
5.
Prior to the issuance of the first building permit, the escrow monies shall be
released to Palm Beach County. (BLDG PERMIT: MONITORING - Zoning)
6.
Prior to the issuance of the first building permit, a deed conveying the applicable
TDR units from the County TDR bank to the subject property shall be executed
and recorded in a manner and form approved by the Office of the County
Attorney. (BLDG PERMIT: MONITORING - Zoning)
COMPLIANCE
1.
In granting this approval, the Board of County Commissioners relied upon the
oral and written representations of the property owner 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:
b.
c.
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
The revocation of the Official Map Amendment, Conditional Use,
Requested Use, Development Order Amendment, and/or any other zoning
approval; and/or
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
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d.
e.
modification of conditions reasonably related to the failure to comply with
existing conditions; and/or
Referral to code enforcement; and/or
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.
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EXHIBIT D
ACCIDENT HISTORY REPORT
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PALM BEACH COUNTY

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