CM Memo- Spanish River Townhomes- UC-12-07 (12-2250007) Page2

UC application is contingent upon the City Council's approval of the EAB application. As such, both applications will be reviewed by the City Council contemporaneously.

DISCUSSION

Jason Gunther, PE, Thomas Engineering Group (fka: Bohler Engineering, LLC), on behalf of APK Homes, Inc. (a subsidiary of Kolter Group, LLC), property owner ("Applicant"), has filed the applications necessary for development of the proposed project ("Project"), as part of an overall UC application, including a: future land use change, rezoning, PUD master plan, site plan, and tentative plat.

As the Project is less than ten ( 1 0) acres, a review of the proposed future land use amendment (change to the Comprehensive Plan Future Land Use Map) by the Florida Department of Economic Opportunity ("DEO") is not necessary. However, upon approval of the future land use map change by the City Council, the item will be sent to the DEO for recording purposes. A super­majority vote of the City Council (4 votes) is required to approve the amendment.

On June 19, 2014, the Planning and Zoning Board ("Board") conducted a public hearing on all of the components of the Universal Conditional Approval (UC) application. No letters of either support or objection were provided to the Board and no members of the public spoke on the Project. Following the public hearing, the Board approved the site plan component of the UC application and recommended approval of the other accompanying applications by a vote of 6-0. The Board resolution approving the site plan (Resolution No. 2014-012) is attached as an exhibit to ( the applicable accompanying applications.

PROJECT DESCRIPTION

The Spanish River Townhomes PUD comprises of 75 fee simple townhomes in a gated development situated on 5.936 acres. The site plan proposes three-story townhome units in twelve (12) different buildings approximately 35 feet in height. The Applicant is proposing four (4) different building types for the units ranging from a five (5) unit building to a nine (9) unit building. The Project includes a 1 ,227 square foot fitness center/clubhouse building that also contains a mail kiosk and a pool to be located in the center of the Project.

With this Petition, the Applicant requested that the fitness center/clubhouse building ("clubhouse building") be constructed at 21 feet in height which exceeds the maximum permitted building height of 15 feet for these types of accessory buildings as referenced in Code Section 28-511 (2). However, the Code also allows for these types of buildings to have an increase in building height up to 25 feet, subject to a justification and approval by the Planning Zoning Board. The Applicant has provided a justification for the increase in building height indicating that the clubhouse building is significantly less in height from the Project's adjacent residential units that are 35 feet in height. At their public hearing, the Planning and Zoning Board approved the Applicant's--request to have a clubhouse building that is 21 feet in height.

The townhomes will comprise of both "front loaded" townhomes, townhomes with garages and front doors facing internal streets, and "rear loaded" townhomes, townhomes with garages facing internal streets but with the front doors on the opposite side of the unit. All of the town homes will contain three (3) bedroom units, two (2) car garages and driveways sufficient to accommodate an additional two (2) cars. All of the townhomes have private patios, balconies, and privacy walls between the townhome units. A majority of the townhome units will have views of the adjacent Pond hawk Nature Preserve from their balconies and patios. The square footage of the units, under air conditioning, will range from approximately 2,114 square feet for rear loaded units to 2,800 square feet for front loaded units.

A single vehicular access into the site from Military Trail and an exit only access onto Spanish River Boulevard are proposed. Security gates will be located at the entrance to the community off of Military Trail. Seven (7) small internal roads proposed within the Project will provide access to all of the units. All of the internal roadways, sidewalks, and residential driveways

CM Memo- Spanish River Townhomes- UC-12-07 (12-2250007) Page4

landscape easement" which prohibits the planting of trees or landscaping adjacent to the Preserve (north and east sides of the Project) to protect the Project's homes from any potential fire hazards that may arise from the County's management of the Preserve which could involve controlled fire burns in the Preserve. Because of the fact that the Project is adjacent to the County's Preserve, the County's Department of Environmental Resources Management (ERM) staff met with the Applicant and sent a letter to City staff discussing the Project's impacts on the management of their Preserve. At the request of the ERM staff, City staff has included conditions in the site plan resolution for this Project and in the EAB resolution for the on-site preserve buy-out that include but are not limited to: placing an informational board at the Project's mail kiosk informing residents of the County's management activities for the Preserve, placing a restrictive covenant on the land that will notify purchasers of the management activities for the Preserve, and providing a six (6) foot wall/fence (3' wall with a 3' fence on top of the wall) to be located on the subject property with a 30 foot setback from the Property line to serve as a fire break zone and a barrier between the Preserve and residential activities.

SUMMARY

Approval of this Project will result in the development of a vacant infill parcel and will introduce a new multi-family residential land use into the Northwest District, an area of the City which primarily has non-residential uses and currently has limited multifamily residential development opportunities. Currently, the Centra (Blue Lake Townhomes) project is the only multifamily residential development in this area of the City. Consistent with policies in the Comprehensive Plan, the Project will increase the City's supply of multi-family residential in the Northwest District and provide an additional housing choice/residential product type (fee simple townhomes) and lifestyle choice for the local workforce and future City residents in the Northwest District. The proposed Project will further the City's primary goal in its Comprehensive Plan to promote multi-use development and multi-modal transportation options to reduce trips from the overall roadway network. The new Residential High (RH) future land use designation and Multifamily Residential (R-3-C) zoning district affiliated with the Project will allow for a less intense development than what could be developed with the site's existing commercial future land use and zoning categories.

City staff has reviewed UC-12-07 (12-22500007) and finds that the proposed UC application is both consistent with the goals, objectives and policies of the comprehensive plan and compliant with the concurrency standards of the comprehensive plan as well as the applicable regulations of the City's land development code.

Accordingly, and as evidenced by the analysis in this memorandum and the accompanying staff report, City staff supports the Applicant's request for a Universal Conditional Approval (UC) involving a future land use change, rezoning, master plan approval, site plan approval, and tentative subdivision plat approval for 5.934 acres located at the northeast corner of the intersection of North Military Trail and Spanish River Boulevard (generally addressed as 4202 North Military Trail) to construct 75 fee-simple townhomes, Spanish River Town homes PUD.

FISCAL IMPACTS

There is no fiscal impact associated with this proposed request.

This document originated by: Jim Bell, AICP, Acting Deputy Development Services Director

1 approvals, all of which are needed to allow a 75-unit multifamily planned unit development to be

2 constructed on the Property; and

3 WHEREAS, the Planning and Zoning Board, after notice and public hearing, has

4 considered the petition of Jason Gunther, PE, Thomas Engineering Group, on behalf of APK

5 Homes ("Applicant") to rezone certain property described in Section 1 ("Property") from

6 Community Business (B-2) to Multifamily Residential (R-3-E) ("Petition"), and has presented its

7 recommendation to the City Council; and

8 WHEREAS, the Acting Deputy Development Services Director has reviewed the

9 Petition and has submitted his recommendation; and

10 WHEREAS, the notice and hearing requirements for adoption of rezoning ordinances

11 contained in the Florida Statutes and the Code of Ordinances, have been satisfied; and

12 WHEREAS, this Petition is submitted, reviewed and considered pursuant to, and

13 subject to, Chapter 23, Article VI, Code of Ordinances, entitled "Conditional Land Use

14 Amendment and Zoning Change Ordinance"; and

15 WHEREAS, the Planning and Zoning Board conducted a public hearing on June 19,

16 2014 to consider the rezoning, and upon taking testimony of interested parties, submitted its

17 recommendation to the City Council; and

18 WHEREAS, the City Council of the City of Boca Raton, after notice and public

19 hearing, has considered the Petition, the recommendations of the Planning and Zoning Board

20 and all public comment; now therefore

21 THE CITY OF BOCA RATON HEREBY ORDAINS:

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23 Section 1. The zoning of the following-described property is hereby [changed/not

24 changed] from Community Business (B-2) to Multifamily Residential (R-3-C):

25 Ravella Townhomes, according to the plat thereof, as recorded in Plat 26 Book 108, Pages 48 and 49 of the Public Records of Palm Beach 27 County, Florida, lying in Section 12, Township 47 South, Range 42 East, 28 the City of Boca Raton, Palm Beach County, Florida.

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1 2 (Concurrent with this development order there is a proposed replat of the 3 property which plat shall be named "Spanish River Townhomes".) 4 5 Containing 258,476 square feet or 5.934 acres more or less. 6

7 Section 2. Immediately after this Ordinance becomes effective, the City Manager is

8 hereby authorized and directed to make appropriate changes on the zoning district map of the

9 City to effectuate the purpose of this ordinance.

10 Section 3. This Ordinance repeals Ordinance No. 5090 which changed the zoning

11 on the Property from Light Industrial Research Park (LIRP) to Community Business (8-2).

12 Section 4. If any section, subsection, clause or provision of this ordinance is held

13 invalid, the remainder shall not be affected by such invalidity.

14 Section 5. All ordinances and resolutions or parts of ordinances and resolutions and

15 all sections and parts of sections in conflict herewith shall be and hereby are repealed.

16 Section 6. This ordinance shall take effect immediately after Ordinance No. 5274

17 amending the future land use element of the Comprehensive Plan becomes effective. In the

18 event Ordinance No. 5274 expires, this Ordinance shall be null and void and the zoning

19 designation of the Property described in Section 1 shall automatically revert to Light Industrial

20 Research Park (LIRP) which was the underlying zoning designation prior to the approval of

21 Ordinance No. 5090 (repealed by this Ordinance No. 5275), such that if this Ordinance expires,

22 the underlying zoning designation of LIRP will be in effect without the need of any--notice or

23 action by the City Council.

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PASSED AND ADOPTED by the City Council of the City of Boca Raton this __

day of , 2014.

CITY OF BOCA RATON, FLORIDA

ATTEST:

Susan Haynie, Mayor

Susan S. Saxton, City Clerk

Approved as to form:

~ · c ·)~ ·yrtf </ c~/L;;lt._)) r c/till.i;;J._liL Diana Grub Friese~ City Att~p1ey ·

COUNCIL VOTE .. ·. YES NO ABSTAINED

MAYOR SUSAN HAYNIE DEPUTY MAYOR CONSTANCE J. SCOTT COUNCIL MEMBER MICHAEL MULLAUGH COUNCIL MEMBER SCOTT SINGER COUNCIL MEMBER ROBERTS. WEINROTH

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XX-2013

A RESOLUTION OF THE CITY OF BOCA RATON

CONSIDERING A PAYMENT IN LIEU OF AN

ENVIRONMENTAL SET ASIDE .AT THE SPANISH RIVER

TOWNHOMES SITE LOCATED AT 4002 NORTH

MILITARY TRAIL; PROVIDING FOR SEVERABILITY;

PROVIDING FOR REPEALER; PROVIDING AN

EFFECTIVE DATE (EAB-13-02/13-70000002)

12 WHEREAS, the City acknowledges that fragmented, isolated natural areas cannot be

13 managed effectively to maintain the diversity essential for wildlife habitat; and

14 WHEREAS, the requirement for set asides of environmentally sensitive lands that result

15 in isolated natural areas has minimal positive effect at the community level; and

16 WHEREAS, the City recognizes that providing for the restoration and protection of larger

17 public preserves through a payment in lieu of smaller preserves provides management and

18 acquisition opportunities that will benefit a larger environmentally significant area and the

19 greater Boca Raton community; and

20 WHEREAS, pursuant to Ordinance 4828, 0. 75 acres environmental set aside (the

21 "Parcel") was created and continues to exist on the subject property; and

22 WHEREAS, APK Homes, LLC (hereinafter referred to as "Applicant") has requested to

23 submit a payment in lieu of a set aside of environmentally sensitive lands, pursuant to Section 20-

24 17, Code of Ordinances, for the Spanish River Townhomes development site; and

25 WHEREAS, the Applicant has submitted an environmental assessment prepared by a

26 qualified biologist (Donald R. Richardson, Ph.D.) that provides an analysis for the Parcel to be

1 2 Section 2. The Conditions of Approval provided for in Section 3 are in addition to the

3 Conditions of Approval of the site plan approved by the Planning and Zoning Board on [Date],

---''---;4- -284-3-(:Resoltttion-NO;--'i-3~)-that-inclttdes-the-sttbject-site---and-shail-also-be-in-addition-to-the------

5 general requirements otherwise provided by ordinance.

6 Section 3. Conditions of Approval:

7 (1) This approval is based on the environmental assessment attached hereto as

8 Exhibit "1" prepared by Donald R. Richardson, Ph.D., submitted by the Applicant, as received

9 by the Development Services Department on September 19, 2013.

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(2)

(3)

Failure to fulfill any condition contained herein shall constitute a violation.

Purchase and Homeowners Association (HOA) documents shall include deed

12 restrictions that notify the purchaser of the properties that the management activities for the

13 adjacent Palm Beach County Natural Area (Pondhawk Preserve) will include prescribed burning

14 and mechanical and chemical treatment of vegetation that may produce smoke and will change

15 the appearance of the ~egetation, rendering it at times, browned or blackened and bare.

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(4)

(a)

Prior to the issuance of any permit or any alteration of the property whatsoever:

The Applicant shall submit the payment in lieu of on-site preservation in the

18 amount of $114,144 for deposit into the City's Environmentally Sensitive Lands Fund.

19 (b) Subject to approval by the City's Environmental Officer, the Applicant shall:

20 i. Submit and obtain approval for a relocation plan for listed and native plant

21 species on the subject site and the adjacent Pondhawk Preserve, prepared by a qualified

22 biologist. The plan shall include detailed information regarding the methods for relocation as

23 required herein and temporary irrigation as well as the location and condition of the plants and

24 their suitability for relocation and the location and condition of the recipient sites;

25 ii. Implement the relocation plan as required in Section 4.(b)(i), as determined by

26 the City's Environmental Officer, pursuant to Chapter 20, Article Ill of the Code of Ordinances.

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1 perimeter of said preserve, and signage identifying the area as environmentally sensitive, shall

2 be posted along the perimeter prior to the refunding of the "in-lieu" fee. Maintenance of said

3 preserve shall occur quarterly to prevent the invasion of unwanted exotic or nuisance species

4 and to ensure the survival of the listed species.

5 Section 5. If any section, subsection, clause or provision of this resolution is held invalid,

6 the remainder shall not be affected by such invalidity.

7 Section 6. All resolutions or parts of resolutions in conflict herewith shall be and hereby .

8 are repealed.

9 Section 7. Except as specifically provided in Section 4(b)(v) of the Resolution, this

10 approval shall expire concurrently with the Universal Conditional Approval for the subject.site,

11 and shall be null and void and of no further effect unless all conditions of this approval, set forth

12 in Section 2 and 3 hereof, have been satisfied on or before the date of expiration of the

13 Universal Conditional Approval.

14 Section 8. This resolution shall take effect immediately upon adoption.

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Department of Environmental

Resources Management

2300 North Jog Road, 4'" Floor

West Palm Beach, FL 33411-2743

(561) 233-2400

FAX: (561) 233-2414

www.pbcgov.org/erm

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Palm Beach County

Board of County

Commissioners

Steven L. Abrams, Chairman

Priscilla A. Taylor, Vice Chair

Hal R. Valeche

Paulette Burdick

Shelley Vana

Mary Lou Berger

Jess R. Santamaria

County Administrator

Robe11 Weisman

"A11 Equal Opporruniry

A!Jirmlllire Action Employer"

January 9, 2013

Jennifer Hofmeister, AICP, Principal Planner City of Boca Raton Development Services 201 West Palmetto Park Road Boca Raton, Florida 33432

JA~ 1 4 2013 CITY OF BOCA RATON

DEVElOPMENT SERVICES DfEP'If

SUBJECT: DEVELOPMENT OF SPANISH RIVER TOWNHOMES ADJACENT TO PONDHA WK NATURAL AREA

Dear Ms. Hofmeister:

Pusuant to Section 6.3.7 of the Interlocal Agreement between Palm Beach County and the City of Boca Raton (City) for the management of the Pondhawk Natural Area, the Palm Beach County Department of Environmental Resources Management (ERM) requests that the City consider the restrictions to management of the natural area that will be the result of re-zoning this property to "Residential High". ERM continues to support the rationale, as presented in our May 7, 2009 letter to the City, of not allowing removal of the existing vegetation buffer on the Spanish River Townhomes property. Moreover, the proposed construction of three­story buildings adjacent to the natural area with only the minimal setback makes conducting prescribed burns on the natural area more difficult. As a result of this minimum setback, a potential wildfire on the natural area would also place these buildings at higher risk. ERM suggests an increased setback of the buildings from the property line would be a safer and more desirable situation for protecting these buildings. -

If the proposed zoning request for "Residential High" is approved, the existing vegetation buffer is allowed to be removed, and the preliminary development plans shown to ERM become final, ERM requests that the City, as our management partner of Pondhawk Natural Area, mandate the developer of the above-referenced project to meet the following conditions:

1. Purchase and Homeowners Association (HOA) documents shall include deed restrictions that notify the purchaser of the properties that the adjacent natural area has management activities that include prescribed burning and

r.:···: .... )

~ ... -

Department of Environmental

Resources Management

2300 NO!ih Jog Road, 4111 Floor

West Palm Beach, FL 33411-2743

(561) 233-2400

FAX: (56! l 233-2414

www.pbcgov .orgierm

Palm Beach County

Board of County

Commissioners

Jeff Koons. Chairman

BUJt Aaronson, Vice Chairman

Karen T. Marcus

Shelley Vana

Steven L. Abrams

Jess R. Santamaria

Dishict 7

County Administrator

Robe1t Weisman

"An Equal Opportuni(l'

AtJirmatil'l! Acrion Employer"

July 9, 2009

Jennifer Hofmeister, AICP, Principal Planner City of Boca Raton Development Services 201 West Palmetto Paf.lc Road Boca Raton,. Florida 33432

SUBJECT: POTENTIAL RE-LOCATION OF VEGETATION.FROM APK HOMES COMMERCIAL BUFFER PRESERVE TO PbNDHA WK

. ·NATURAL AREA

Dear Ms. Hofmeister:

On June 25, 2009 Lee Lietzke of Palm Beach County's Department of Environmental Resources Management (ERM)and Don

· Richardson, environmental consultant for APK Homes Commerqial (APK), met at the APK develo.pment sit~ at the nqrtheast corner of Spanish River Boulevard and Military Trail t~ discuss the details of potential plant re-location from the APK buffer preserve adjacent to Pondhawk Natural Area. It was made clear that ERMis not changing its position in opposing the clearing of the buffer preserve and that it would be the recommendation of the CitY of Boca Raton's Environmental Assessment Board (EAB) and a decision by the Boca Raton City Council that would determine whether or not the preserve is cleared.

If the City decides to allow the preserve to be cleared: & ERM agrees to accept, for relocation to Pondhawk Natural

Area, any and all cutthroat grass present at the APK site (approximately 7 plugs) plus a minimum of35 plugs of native vegetation present within the APK buffer preserve.

& In addition, APK s will relocate cutthroat grass present within Pondhawk Natural Area (approximately 8 plugs) from its present location, very near the border between the natural area and the development site, to alternative appropriate habitat within the natural area. Relocation of these plants will facilitate installation of a management access road/firebreak that will be needed in this area with the loss of the buffer.

e All material will be relocated using a 90 inch tree spade under the direct· supervision of ERM staff.