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 [email protected] ______________________________________________________________________ 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: ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 152 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. ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 153 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 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 154 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”. ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 155 ______________________________________________________________________ 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. ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 156 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 157 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 158 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 159 MASTER PLAN DATED FEBRUARY 21, 2006 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 160 REGULATING PLAN DATED FEBRUARY 21, 2006 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 161 REGULATING PLAN DATED FEBRUARY 21, 2006 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 162 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 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 163 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. ______________________________________________________________________ ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 164 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. ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 165 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) ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 166 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. ______________________________________________________________________ ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 167 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 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 168 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) ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 169 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) ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 170 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). ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 171 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) ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 172 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; ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 173 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 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 174 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. ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 175 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 ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 176 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. ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 177 EXHIBIT D ACCIDENT HISTORY REPORT ZC Application No. PDD/TDR/R-2005-1730 Control No. 2002-011 Project No. - June 1, 2006 BCC District None Page 178