The proposed site is located in the City of Weston and lies in Land Section 23 and Section 24, Township 50 South, Range 39 East. This planned development district (PDD) rezoning application is titled Estates of Swan Lake PDD and was prepared by CCL Consultants, Inc. of Pompano Beach, Florida. The purpose of this rezoning is to define zoning regulations consistent with the City and County Land Use Designations and to demonstrate that the intended use of the parcel is in accordance with the City and County development goals and objectives.

The project consists of 94 dwelling units on an overall site of 239.38 acres, which provides a low-density development of one unit per 2.55 acres. Of that acreage, approximately 93 will remain in conservation uses consisting of approximately 63 acres of wetland mitigation and 30 acres to be used as a water impoundment area and conveyed to South Florida Water Management District.

The remainder of the property will be developed with homesites, entry features, lakes, roads and buffer area. The lots will be generously sized 27 one-acre lots, 47 half-acre lots, and 20 third-acre lots.

The residential portion of the property consists of two parcels separated by Southwest 36th Street (Subparcels). The 20 third-acre lots will be located on the Subparcel that is south of Southwest 36th Street. There will be a separate landscaped and gated entrance to each of the two Subparcels. This submittal is made in accordance with Ordinance No. 98-41 of the City of Weston Land Development Chapter.

6917 Collins Avenue

Miami Beach, FL 33141

Contact: Gregory Arnone

(305) 866-7272

2401 PGA Boulevard

Suite 280-D

Palm Beach Gardens, FL 33410

Contact: Chuck DeSanti

(561) 630-4877

2200 Park Central Boulevard North

Suite 100

Pompano Beach, FL 33064

Contact: Richard C. Wohlfarth, P.E.

(954) 974-2200

The proposed site contains approximately 239.38 acres of land which is currently vacant, with a portion a mining quarry and a tree farm. The site is generally located west of South Post Road, north of Windmill Ranch Estates, east of the Florida Fruit Lands Company’s Subdivision and south of Southwest 26th Street. The location of the site is graphically shown on the location Map (see Figure 1). The property has a Land Use Designation of Agricultural and the Current Zoning is A-1 and P.U.D. See Figures 2 and 3 for the existing Land Use and Zoning Maps. See Figures 4 and 5 for a reduced copy of the proposed Plat and a copy of the Legal Description.

Current and historical land uses of the property include tree farming, range land for cattle, limerock quarry, and creation of lots with house pads. Such uses have: allowed the proliferation of exotic and nuisance plant species; disturbed or eliminated natural soil profiles; altered the hydrology; and degraded historic wetlands. The degraded wetlands have been assessed by the Broward County Department of Planning and Environmental Protections (DPEP), the South Florida Water Management District (SFWMD) and the U.S. Army Corps of Engineers (ACOE). The evaluations have established that a total of ±117.3 acres of mitigation is proposed to compensate for wetland impacts. Environmental regulatory permits are pending.

The Soil Survey of Broward County, Florida, Eastern Part, indicates that Lauderhill Muck was historically the primary soil type in the area with a minor component of Dania Muck (see Figure 6). In many areas the historic soil profile has been severely altered by past and present land uses. Both Lauderhill and Dania Muck are characterized as “nearly level, very poorly drained, organic soil underlain by limestone” at 20 to 40 inches and 14 to 20 inches, respectively.

The majority of the site is relatively flat with existing ground conditions generally varying from approximately four and one-half feet NGVD to five and one-half NGVD. Historically, activities pertaining to mining of the existing quarry site represent the only features having substantial topographical relief. Such features include the quarry, scrape down areas, soil and muck wetlands and berms, and several lot pads.

The project is located entirely within the Indian Trace Development District. Lake and canal easements within the project will be dedicated to either the City /Indian Trace Development District or remain with the Estates of Swan Lakes Homeowners’ Association , whichever is appropriate.

Many of the Physical Features can be seen on the attached aerial from February 1998 (see Figure 7). Details of the adjacent area are shown on the Section Map (see Figure 8).

 

The Broward County and City of Weston’s Comprehensive Plans designate the Property as agricultural. Under both plans, property designated agricultural is allowed to be developed with residential uses at a density of one unit to two and one-half acres. The units are allowed to be clustered if:

   (1)   The parcel is development under a unified development plan;

   (2)   The areas from which density is transferred are relinquished of the right to be developed; and

   (3)   The arrangement of dwelling units conforms to locally established development standards.

The approval of this PDD would comply with those requirements.

The Master Development Plan for the Property is shown in Figure 9. The project as proposed, consists of a residential component of 94 single-family homes and a conservation component that consists of 93.32 acres of mitigation and water impoundment area.

   A.   Residential Component

The residential program is divided into three residential elements. Housing types to be one to three story detached single-family units with garages and accessory buildings, as permitted by the City ’s Land Development Chapter. The single-family Homes are designed to provide approximately 1.0 acre lots (“None-Acre Lots ”), approximately one-half acre lots (“Half-Acre Lots ”), and the approximately one-third acre lots (“Third-Acre Lots ”) gross area.

The Conceptual Master Plan (see Figure 9) illustrates the configuration and land use of the PDD. The land use program is as follows:

 

   B.   Conservation Component

The 93.32 acres of land within the conservation component will consist of a wetland mitigation area and a water preservation area. This property will be subject to restrictive covenant that limit the uses of the property and that prohibit any residential units on these conservation areas.

The uses permitted in the Water Preserve Areas include the following:

      1.   Creation, enhancement or restoration of wetlands, and the establishment of public or private mitigation banks.

      2.   Surface impoundments that store water at depths not to exceed 12 feet and which are consistent with the Study.

      3.   Construction and operation of water control structures. Structures required for this purpose may include berms, dikes, levees and pumps.

      4.   Construction and operation of passive water quality treatment facilities. Areas required to provide surge basins to hold water awaiting treatment are also allowed.

      5.   Structures designed to promote the storage of water underground, which may include aquifer storage and recovery systems, pumps designed to promote groundwater recharge, and seepage management features, which may include curtain wall or other types of technology.

      6.   Water conveyance facilities or structures.

      7.   Public recreational uses to the extent that they do not interfere with the primary functions of the water preserve areas as established through the Water Preserve Area feasibility Study.

Modification of Specifically Delineated Lot Lines

The Developer shall have the right to assemble the planed building lots into larger lots by combining two lots or by combining one lot with a portion of another lot. In the case of such assemblages a unity of title shall be provided to the City for the enlarged lot area. Where a lot is combined with a portion of another lot, the remaining portion of subdivided lot shall be combined with the adjacent lot so that two enlarged lots are created from three lots and a unity of title shall be provided to the City for each of the Lots . No additional building lots or parcels (in total) shall be created by these modifications nor shall they result in lots smaller than the minimum lot dimensions within that development Subparcel.

   A.   Calculation of Open Space Exclusive of Lot Areas

      The PDD contains a significant amount of open space consisting of the following:

 

 

   B.   Description of Open Space Components/Ownership

      (1)   The Onsite Mitigation area will consist of 63.32 acres of high quality wetlands, open water and buffer areas. The Property used for the mitigation area shall be subject to a conservation easement that requires the property to be maintained as a restored wetland. The Onsite Mitigation Area will either be conveyed to the Indian Trace Development District or the Estates of Swan Lake Homeowners’ Association (whichever is appropriate).

      (2)   The water impoundment area (“WIA”) shall be conveyed to SFWMD and shall be restricted to water preserve area uses as described in Section VI. The WIA shall be subject to a declaration of restrictions that limits the uses of the WIA property to a surface water impoundment and ancillary facilities needed to support that use of the property.

      (3)   Lake area and Lake Maintenance Area shall be conveyed either to the Indian Trace Development District or the Estates of Swan Lake Homeowners’ Association (whichever is appropriate), to be used for water management for the Estates of Swan Lake Development.

      (4)   The Landscape Open Space and Buffer Areas shall be owned and maintained by the Estates of Swan Lake Homeowners’ Association and shall be designed in substantial conformity with the cross-sections shown in Figures 10-A and 10-B.

   C.   Lot Open Space

The overall open space within the lots will be a minimum of 40% resulting in approximately 28 acres of additional open space.

   D.   Ownership of Common Areas

The Landscape Open Space Common Areas together with the other common areas, including but not limited to, entry features, roadways, sidewalks, and utility easement areas shall be conveyed into the ownership of the Estates of Swan Lake Homeowners’ Association and shall be the maintenance obligation of that association. The Estates of Swan Lake Homeowners’ Association shall be created and the homeowners’ documents shall be placed of record prior to the conveyance of any of the residential lots.

The traffic concurrency issue is currently being addressed by Kimley-Horn & Associates, Inc. Recommendations with regard to traffic will be forthcoming in their report.

The minimum proposed roadway easement within the PDD will be 50 feet. Sidewalks shall be provided on through streets as either one eight-foot sidewalk or two five-foot sidewalks. See Figure 10-C for dimensions and detailed requirements.

Water and sewer for the project will be provided by the City of Weston. The project has the following existing utilities at the intersection of South Post Road and Southwest 36th Street:

   1.   12-inch D.I.P. watermain (W.M.) running north/south on the west side of South Post Road with a ten-inch W.M. running west on the north side of Southwest 36th Street.

   2.   16-inch D.I.P. force main (F.M.) running north/south on the west side of South Post Road with a eight-inch F.M. running west on the south side of Southwest 36th Street.

The on-site water system shall consist of a eight-inch P.V.C. looped system to maintain water quality per BCHD rules and to provide adequate fire flow. The eight-inch W.M. will tie into the existing 12- inch W.M. along South Post Road and the ten-foot W.M. along Southwest 36th Street. The sanitary sewer system shall consist of a eight-inch P.V.C. gravity system from each unit to the proposed lift station for the project, which will then tie into the 16-inch F.M. on South Post Road. The City of Weston is unsure as to how far the existing utilities run to the north along South Post Road; therefore, the City may require, and developer will provide extensions from Southwest 36th Street to the project’s tie-in points for water and sewer, if necessary. No other extensions are proposed to be required or provided.

The proposed stormwater management system will consist of man-made lakes and a mitigation area hydraulically connected to the C-11 canal via Ditch 3. The stormwater will be controlled to assure that the minimum roadway elevation is at or above the ten-year one-day storm event and the finished floor elevations shall be constructed at an elevation higher than the 100-year three-day storm stage. The primary drainage system will consist of catch basins and drainage pipe connected to the lake/canal system. The outfall catch basins will be provided with pollution control devices to mitigate the point discharge of pollutants into the lake system. The water management system shall be designed to meet the criteria of the South Florida Water Management District and the City of Weston Water Control District.

The subsurface at this site generally consists of rock overlain with a layer of muck two to four feet thick. The rock in this area is normally very hard and difficult to excavate, it is anticipated that the rock will be blasted then excavated using conventional methods. Muck will be removed in lot and roadway areas and structural fill will be placed to bring these areas to grade.

The stormwater will be controlled to assure that the minimum roadway elevation is AT OR ABOVE THE GREATER OF 6.9 N.G.V.D. and the ten-year one-day storm event and the finished floor elevations shall be constructed at an elevation AT OR ABOVE THE GREATER OF 8.0 FEET N.G.V.D. and the 100-year three-day storm stage.

All roadways within the development will be private. The only public Right-Of-Way dedication being proposed is the corner chord and right turn lane off South Post Road. “Land Dedication” and all modifications, dedications and vacation of utility, canal, landscape, lake maintenance easements and Right-Of-Way vacations shall be made in accordance with the City of Weston Land Development Chapter and shall be handled concurrently with the plat, rezoning and site plan approval process.

The Developer proposes to dedicate to the Homeowners’ Association the private roadways and all other common areas within the PDD.

The development described within the PDD shall comply with the regulations of Ordinance No. 98-41, the PDD district of the Weston Land Development Chapter; as well as Ordinance No. 1999-13, lighting standards requirements; Ordinance No. 98-8, landscape standards; Ordinance No. 98-14, signage requirements, and all other applicable sections of the Code .

Typical building plans, floor plans and architectural elevations shall be subject to review during the building permit review process. The table which follows describes development criteria for the PDD.

 

Private swimming pools and in ground spas are permitted in the rear or side yards in the PDD subject to the following standards:

   1.   The pool shall be located at least five feet from the rear or interior side property line and five feet from any portion of a building. Such setbacks shall be measured from the deck line or screening of the pools. If the proposed waterline is closer than five feet to the structure a structural engineer must include a letter or state on the plans that all precautions to protect the existing structure from failure shall be done by shoring, underpinning or any method as required. Closed indoor or covered swimming pools except in screening enclosed pools shall meet all yard requirements in the District for which the pool is located.

   2.   The entire pool shall be enclosed with a fence five feet in height minimum or open screen mesh enclosure which shall have a gate/door with a self locking/closing device which must be engaged when the pool is not in use. Any fence used must have less than a four inch gap between openings (from fence to grade per the South Florida Building Code). Hedges shall not satisfy the pool enclosure requirements.

   3.   All new residential swimming pools, spas, and hot tubs shall comply with F.S. Chapter 515, The “Preston de lbern/Mckenzie Merriam Residential Swimming Pool Safety Act” regarding pool safety requirements and options.

   A.   Intent

The objective of a quality signing and graphics program is to present a clear hierarchy of information, direction and organization. Conformity in style, materials and location of signage will be a major element in establishing the design theme continuity within the Estates of Swan Lake.

Signage must not conflict with any traffic control signs or be misleading, confusing or hazardous.

   B.   Sign Types

      1.   Permanent Signage:

         a.   Main entry identification/feature;

         b.   Directional/informational;

         c.   House number signs;

         d.   Street identification signs.

      2.   Temporary Signage:

         a.   Construction ;

         b.   Future site.

   C.   Signage Location and Size

The Applicant will be required by the Developer to identify and construct main entry signage to property, vehicular directional and regulatory signage as applicable to the site at the builder’s own expense.

      1.   One freestanding identification, monument sign per street frontage which provides primary access to property, 32 square feet maximum area and eight-foot maximum height, set back a minimum of ten feet from adjacent property.

      2.   Vehicular directional/information sign locations and quantities within Applicant ’s property, six square feet maximum area and three feet maximum height.

      3.   House number signs shall be three inches in height and located on a mailbox or attached to the portion of the house facing and closest to the street so there is no unobstructed view of the house’s numbers.

      4.   Street identification signs shall be installed prior to the issuance of the first building permit.

      5.   Construction signs shall only identify the name of the project under construction, or its owner, developer, planner, architect, engineer, builder or financier. There is to be one construction sign per construction site, a maximum of 16 square feet and removed within five days of the date of the issuance of a Certificate Of Occupancy .

   D.   Illuminated Signs

      1.   All sign structures are to be ground lighted.

      2.   Exposed outdoor neon signs and flashing or annoying lighted signs are not acceptable.

      3.   Lighting fixtures shall comply with the overall design theme for the development.

   E.   Manufacturing and Installation

      1.   All signs must be submitted to the City for approval of materials, color, lettering and fabrication.

      2.   Sign fabricator shall provide a sample of the finish color and material of each sigh type for approval.

      3.   All units shall be constructed and installed in a workman-like manner.

      4.   The Applicant shall be responsible for the cost of designing, ordering, fabrication, construction, installation and maintenance of signs and graphics.

All internal roadways shall have street lights installed similar to “Windmill Ranch Estates” providing a safe lighting environment while creating an attractive ambiance common to low-density development.

A City of Weston Landscape Specification For Single-FamilyDwelling form shall be completed and submitted to the City for each individual lot (See Exhibit 9-C for example). The City of Weston reserves the right to amend this form. Therefore, contact the City for the most current Single-Family Data Table form.

 

 

Entrance landscape concepts will be designed around faux bridges and gate houses which have been set. The design will have a causeway feeling taking advantage of the water views. The completed concepts for all common areas will come back to City Staff for review.

All landscape areas shall be served by a permanent irrigation system. Irrigation systems will be designed with separate zones to apply water onto tree and shrub areas less frequently than sod areas. All zones shall be designed to have 100% coverage with 100% overlap. Rain sensor switches shall be installed with automatic controllers.

   A.   Start of Construction

No lot clearing or placement of either sales and/or construction trailers, and portable toilets will be permitted until closing on the lot has occurred, all required governmental permits are obtained and formal written approval of the ARB has been granted.

   B.   Portable Toilets, Construction Trailers and Sales Trailers

Prior to commencing work, all temporary facilities must be placed on the job site and in a manner so as to least disturb other residents, other construction and the marketing of the community. Portable toilets shall be cleaned on a regular basis and shall not become noxious.

   C.   Construction Traffic

Parking of construction vehicles is prohibited on swales or grassy areas. Washing of vehicles on the streets is also prohibited. Construction parking is prohibited on public Rights-Of-Way .

   D.   Construction Hours

The construction working hours shall be from 6:00 a.m. to 7:30 p.m. Monday through Friday, Saturday 7:00 a.m. to 5:30 p.m., Sunday 12:00 p.m. to 5:00 p.m. except on certain holidays. Additional hours may be provided upon approval of the ARB.

   E.   Site Clean-Up

All construction sites must be maintained in a neat and orderly fashion. Trash from construction work will be contained in a trash dumpster or removed from the job site on a routine basis. The Application is responsible for trash that blows off the site and shall retrieve such trash. There will not be stockpiling or dumping on streets or in the lakes, waterways or wetlands. Trash removed by the Developer will be billed to the responsible Applicant . Applicant will use only the utilities provided on the immediate site on which they are working.

   F.   Construction Damage

Any damage to streets and curbs, drainage inlets, sidewalks, street lights, street markers, mail boxes, walls, etc., will be repaired by the Applicant at its sole cost and its expense. If said damage is not repaired by the Applicant , the Developer may repair said damage and bill same to Applicant .

   G.   Established Speed Limit

The established speed limit within the Estates of Swan Lake is 25 mph for construction vehicles, including light trucks and auto.

   H.   Construction Spillages

Operators of vehicles are required to clean up if spillage of a load occurs while within the Estates of Swan Lake. Clean-ups done by the Applicant at its sole cost and its expense. If said damage is not repaired by the Applicant , the Developer may repair said damage and bill same to Applicant .

   I.   Telephone (Cable TV Lines)

If any telephone, cable television, electrical, water, etc., lines are cut, it is the Participating Building ’s responsibility to report the accident to the Developer’s field representative. Costs incurred to repair such damages, if applicable, will be charged to the Applicant .

   J.   Construction Site Appearance

All personnel working in the Estates of Swan Lakes are to keep all areas in which they work free of discarded materials such as lunch bags and odd materials. Throwing objects out of cars and trucks is prohibited.

   K.   Loud Noise Levels

Loud radios or noise will not be allowed within the Estates of Swan Lake. This is distracting and discomforting to Property Owners . Normal radio levels are acceptable. Do not mount speakers on vehicles or outside of homes under construction.

   L.   Vehicles and Equipment

The Developer is not responsible for any vehicle or its contents (trucks, vans, cars, etc.) left in the Estates of Swan Lake overnight Construction equipment may be left on the site while needed, but must be kept on the street, unless prior permission has been granted.

   M.   Personnel

Only bona fide workers are allowed on the construction sites and are required to exit the property upon completion of their work. No children or family members of workers will be permitted on the construction sites. No alcoholic beverages are permitted on the property. Participating Builder personnel will not be permitted to bring pets on property.

   N.   Lake Restrictions

No hazardous or toxic substances, chemicals, pesticides, fertilizers or any other matter shall be dumped into any lake, wetland or canal which is within or abuts the properties or surface water management system of the properties. The use of pesticides, herbicides and fertilizers shall be prohibited on any wetlands or preservation areas.

   O.   Construction Inspection

Although the Applicant is responsible to comply with the conditions of the ARB approval, periodic inspections may be made by the ARB while construction is in progress to determine compliance with the approved architectural documents. However, the ARB is not specifically responsible to make such an inspection. The ARB is empowered to enforce its policy, as set forth in the Declaration and this manual, by any action, including an action in a court of law, to insure compliance.

[Note: To view Figures 1-10C in PDF, click HERE]