palm beach county planning, zoning and building … january 29, 2015 page 2 application no....

BCC January 29, 2015

Application No. DOA/R-2014-00456 BCC District 5 Control No. 1985-00007 Project No. 00214-025

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No.: DOA/R-2014-00456 Application Name: Boca Tower 1 and 2 Control No.: 1985-00007 Applicant: Vertex Development, LLC Owners: Boca West Club Inc Agent: Lauralee G. Westine, P.A - Lauralee G Westine Telephone No.: (727) 773-2221 Project Manager: Joyce Lawrence, Site Planner II

TITLE: a Development Order Amendment REQUEST: to reconfigure the Master Plan to add a Requested Use (Commerical Communication Tower) TITLE: a Requested Use REQUEST: to allow two (2) 124-foot Stealth (Flagpole) Communication Towers

APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) and Requested Uses for the Boca West Planned Unit Development (PUD). The overall 1,436-acre site was last approved by the Board of County Commissioners (BCC) on January 24, 1985 for a Special Exception (SE) to amend the Master Plan. The Applicant is requesting reconfigure the Master Plan to add two 124-foot high Stealth (Flagpole) Commerical Communication Towers within the Golf Course.

No change is proposed to the previously approved residential portions of the site, which was approved for 3,551 dwelling units (242 Single Family units, 199 Zero Lot Line units, and 3,110 Multi-Family units). Three (3) access points to the site will remain from Glades Road (1), Powerline Road (1), and Yamato Road (1). SITE DATA:

Location: -Tower 1 - Approximately 300 feet southeast of the intersection of the Florida's Turnpike and Yamato Road. -Tower 2 - Approximately 150 feet northwest of the intersection of Jog Road and Boca West Drive.

Property Control Number(s) 00-42-47-09-44-000-0011; 00-42-47-09-45-000-0091

Existing Land Use Designation: Low Residential (LR-3)

Proposed Land Use Designation: No proposed change

Existing Zoning District: Planned Unit Development

Proposed Zoning District: No proposed change

Acreage: 1,436 acres

Tier: Urban/Suburban

Overlay District: N/A

Neighborhood Plan: N/A

CCRT Area: N/A

Municipalities within 1 Mile The City of Boca Raton

Future Annexation Area The City of Boca Raton

RECOMMENDATION: Staff recommends approval of the requests subject to 7 Conditions of Approval as indicated in Exhibit C-1, 5 Conditions of Approval as indicated in Exhibit C-2 and 5 Conditions of Approval as indicated in Exhibit C-3. ACTION BY THE ZONING COMMISSION (ZC): At the January 9, 2015 ZC hearing this item was on the consent agenda. No one from the public was present to speak in opposition to the request but a number of people were present to support the application. Ms. Lauralee Westine, agent, submitted a binder with letters and courtesy notices in support of the application from the surrounding neighbors. The ZC voted unanimously to recommend approval of the requests carried by votes of 8-0. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 99 written responses, 63 in support and 36 in opposition and several telephone calls from the public with concerns on



impact to Health issues, traffic concerns, decrease in property value, and inquiries on the location of the proposed towers. On January 9, 2015, at the ZC hearing, Ms. Lauralee Westine, agent, submitted a binder with letters and courtesy notices in support of the application from the surrounding neighbors.

PROJECT HISTORY:

Application No. Resolution and Request Approval Date

Petition No. 14 PUD Conditional Approval by the Zoning Commission for 17,321 units.

October 2, 1969

N/A Plat of Bent Creek of Boca West PUD is recorded in Plat Book 37, Pages 91 and 92. Parcel C is platted for 120 residential units on 6.79 acres for a density of 17.67 dwelling units/acre (DU/ac). (Figures 18 and 19)

April 26, 1979

1985-00007 Final Site Plan for Hamlet Q is approved. Phase 3 is approved for 120 "Future Mid-Rise" units. Phase 1 (to the southeast) supports 48 existing units in 17 low-rise 2-story buildings for 7.4 DU/ac. Phase 2 (to the north) is approved for 90 Townhouse units in 26 2-story buildings for 7.3 DU/ac. (Figure 17)

May 18, 1979

1985-00007 R-85-661 approved by the BCC for a Special Exception to amend the Master Plan to relocate the Commercial Pod and the Club and tennis facilities. The 7,975 units were unchanged.

January 24, 1985

AI-98-03 Administrative Inquiry for Concurrency Exemptions approved by the BCC permanently exempted projects that were more than 80% built. (Figure 20)

December 3, 1998

1985-00007 Final Master Plan Exhibit 116 is approved indicating a total of 3,551 residential units and a density of 2.47 DU/ac for the Boca West PUD, which includes the future development of 120 Multi-Family units on Parcel C of Hamlet Q with a density of 17.67 DU/ac.

March 15, 1995

ZV-2013- 02127

Type II Variance to allow the elimination of Incompatibility Buffers; a reduction in side and rear setbacks; a reduction in the separation for Multi-Family structures; and, an increase in building coverage.

November 7, 2013

SURROUNDING LAND USES: NORTH: FLU Designation: (OTHER) Zoning District: (OTHER) Supporting: City limits of Boca Raton (City limits of Boca Raton, Control No N/A) SOUTH: FLU Designation: (OTHER) Zoning District: (OTHER) Supporting: City limits of Boca Raton (City limits of Boca Raton, Control No N/A) EAST: FLU Designation: (OTHER) Zoning District: (OTHER) Supporting: City limits of Boca Raton (City limits of Boca Raton, Control No N/A) WEST: FLU Designation: (OTHER) Zoning District: (OTHER) Supporting: City limits of Boca Raton (City limits of Boca Raton, Control No N/A)



FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 – 8 listed in Article 2.B.2.B. of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan – The proposed use or amendment is consistent with the

purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use.

The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use.

Special Overlay District/ Neighborhood Plan/Planning Study Area: The site is not located within any neighborhood plans, overlays or plan study areas as identified in the Comprehensive Plan. 1. Consistency with the Code - The proposed use or amendment complies with all applicable

standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS.

The request shall comply with all standards imposed on it and by all other applicable provisions of the Code for use, layout, function, and general development characteristics.

Unified Land Development Code (ULDC) Amendment The Applicant submitted a Privately Initiated Code Amendment (PIA) that allowed the towers on a Recreation Pod of a Planned Unit Development (Golf Courses). The PIA was approved and adopted by the BCC on January 30, 2014 Ordinance 2004-001 which became effective February 3, 2014.

Propagation Study The Applicant has provided a propagation study prepared by a professional engineer, licensed in the State of Florida, to justify the need to construct two new towers. The report was reviewed, analyzed and evaluated by RCC Consultants and was found to be accurate, based on appropriate technical criteria, and it was confirmed that there is no viable alternative sites that will provide the coverage required by the proposed cell tower provider. Architecture - Stealth Tower Subject to Architectural review, the ULDC requires tower equipment cabinet structure shall be compatible with the architectural style of the existing buildings/structures on site and with the character of the surrounding area. Pursuant to Article 1, ULDC definition for a Stealth Tower, the structure is not immediately identifiable as a tower and is compatible with existing uses on site and in this case, has a secondary function as a flag pole. Towers 1 and 2 meet this criteria. Screening/Landscape Communications equipment or devices shall not be readily identifiable. The structures shall be related to, and, integrated into the existing natural and/or man-made environment to the greatest extent possible. A 10-foot wide landscape buffer is required to be installed around the perimeter of the lease parcel of the tower site. For Tower 1 the Applicant is requesting a Zoning Director waiver in accordance with ULDC Article 4.C.4.E.2 to allow the reduction of the required width of the Type I buffer from 10 feet (ft) to 5 ft. on the west side of the compound and 4.3 ft. on the northeast corner of the compound to avoid encroachment into an existing drainage easement. The Applicant will provide all the required plantings within the reduced buffer width. For Tower 2 the Applicant is requesting a Zoning Director waiver in accordance with ULDC Article 4.C.4.E.2 to allow the reduction of the required width of the Type I buffer from 10 ft. to 4.23 ft on the



north side of the compound at its most narrow point to avoid and existing drainage easement. The Applicant will provide all the required plantings within the reduced buffer width. Setbacks and Separation

The minimum separation from any existing residential structure shall be 150 percent in tower height. In addition, the tower shall be setback a distance of at least 100 percent of tower height from any property line adjacent to an existing residential use. Stealth structures shall comply with the following criteria: A determination of architectural compatibility shall include, but not be limited to, color, type of building material, and architectural style; consistent with the character of existing uses on site; Communications equipment or devices shall not be readily identifiable; and the structure shall be related to, and, integrated into the existing natural and/or man-made environment to the greatest extent possible.

ULDC Article 4 requires Stealth Towers to meet the minimum setback from any adjacent vacant residential property shall be at least 100 percent of tower height from any such property line. Setbacks from Nonresidential Zoning Districts or public Right of Ways shall be the greater of the required district setback or 20 percent of the tower height. ULDC Table 3.E.2.D. indicates the district setback for a recreational Pod of a PUD. In this case the 20% of the tower height is the greater required setback. Tower 1 and Tower 2 meet the percentage setback requirement and are in compliance with the ULDC standards.

Table 3.E.2.D PUD Property Development Regulations

Pod Size Width Depth Front Setbacks

Side Setbacks

Side Street Setbacks

Rear Setbacks

Recreation Pod

- 65 feet 75 feet 25 feet 15 feet 25 feet 15 feet

Tower 1 is located on the northwest portion of the site and bounded by the Turnpike on the west and Yamato Road to the north. North -74.4' (rear); South -1451.8' (front); East -544.9' (side); West - 37' (side-street). Tower 2 is on the northwest corner of Powerline Road and Boca West Drive. North- 249' (rear); South- 32.2' (front); East -79.2' (side street); West -1359.2' (side). 2. Compatibility with Surrounding Uses – The proposed use or amendment is compatible and

generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development.

The request is consistent with the existing uses, character and land surrounding and in the vicinity of the subject property and is the appropriate Zoning District for the subject property. The requested use 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. Subject to the proposed conditions of approval, 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. 3. Design Minimizes Adverse Impact – The design of the proposed use minimizes adverse

effects, including visual impact and intensity of the proposed use on adjacent lands.

Pursuant to the definitions section of the Unified Land Development Code (ULDC) Article 1, a Stealth Tower is listed as the least impact in the Tower hierarchy chart. The design of the proposed use should minimize any adverse effects on adjacent lands.



4. Design Minimizes Environmental Impact – The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment.

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property has been previously been developed as a golf course. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 5. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern.

The proposed development will result in a logical, timely and orderly development patterns. 6. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency.

ENGINEERING COMMENTS: No Staff Review Analysis. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis. FIRE PROTECTION: No Staff Review Analysis. SCHOOL IMPACTS: No Staff Review Analysis. PARKS AND RECREATION: No Staff Review Analysis. CONCURRENCY: Concurrency has been approved for 3,551 dwelling units (242 Single Family units, 199 Zero Lot Line units, and 3,110 Multi-Family units); and two 124-foot high Stealth (Flagpole) Commercial CommunicationTowers. 7. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification.

The Applicant states in the Justification Statement that the request for the towers resulted from a need for the service within the area. The Applicant believes that the request for the towers is no longer considered a luxury, but is necessary to increase technology services and is also viable for emergency services.



CONDITIONS OF APPROVAL Exhibit C-1 Development Order Amendment ALL PETITIONS 1. The Preliminary Master Plan is dated November 24, 2014. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 2. All previous Conditions of Approval applicable to the subject property, as contained in Resolution R-1985-0661 (Control 1985-00007), have been consolidated as contained herein. The Property Owner shall comply with all previous Conditions of Approval and deadlines previously established by Article 2.E of the Unified Land Development Code and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: ZONING - Zoning) 3. Previous condition 3 of Resolution R-1985-661, Control No.1985-00007, which currently states: Petitioner shall comply with any previously imposed conditions on this special exception. Is hereby deleted. [REASON: No longer applicable - superceded by All Petitions Condition 2.] HEALTH 1. Reasonable precautions shall be exercised during site development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties. (ONGOING: HEALTH - Health) (Previous condition 1 of Resolution R-1985-661, Control No.1985-00007) 2. Previous condition 2 of Resolution R-1985-661, Control No.1985-00007, which currently states: Reasonable measures shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters. (HEALTH - Health) Is hereby deleted. [REASON: Code requiremnents] USE LIMITATIONS 1. There shall be no food or beverage stores in excess of 10,000 square feet in the commercial tracts of the Planned Unit Development. (ONGOING: CODE ENF - Zoning) (Previous condition 4 of Resolution R-1985-661, Control No.1985-00007) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or



c. A requirement of the development to conform with the standards of the Unified Land Development Code 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 of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.



CONDITIONS OF APPROVAL Exhibit C-2 Requested Use - Tower 1 ALL PETITIONS 1. The Preliminary Master Plan is dated November 24, 2014. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) LANDSCAPE 1. Prior to Final Approval by the Development Review Officer, the Property Owner shall submit a Landscape Plan to the Landscape Section for review and approval indicating all minimum required vegetation shall be installed in the reduced buffer width surrounding the Stealth Tower 1 compound area. (DRO: LANDSCAPE - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code 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 of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.



CONDITIONS OF APPROVAL Exhibit C-3 Requested Use - Tower 2 ALL PETITIONS 1. The Preliminary Master Plan is dated November 24, 2014. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) LANDSCAPE 1. Prior to Final Approval by the Development Review Officer, the Property Owner shall submit a Landscape Plan to the Landscape Section for review and approval indicating all minimum required vegetation shall be installed in the reduced buffer width surrounding the Stealth Tower 2 compound area. (DRO: LANDSCAPE - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code 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 of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.



Figure 1: Land Use Map



Figure 2: Zoning Map



Figure 3: Aerial



Figure 4: Preliminary Master Plan dated November 24, 2014



Figure 5: Preliminary Site Plan dated November 24, 2014 - Tower 1



Figure 10: Preliminary Regulating Plan dated November 24, 2014



Figure 11: Approved Master Plan dated March 15, 1995



Exhibit D: Disclosures



Exhibit E: RCC Consultant, Inc - Tower Report dated June 13, 2015

palm beach county planning, zoning and building … january 29, 2015 page 2 application no....

Documents