PALM BEACH COUNTY PLANNING, ZONING AND ...ZC July 2, 2015 Page 107 Application No....

ZC July 2, 2015 Page 107

Application No. ZV/DOA/R-2014-01341 BCC District 2 Control No. 1976-00134 Project No. 01000-112

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: ZV/DOA/R-2014-01341 Application Name: Ponderosa Industrial Park Lot 13 Control No.: 1976-00134 Applicant: Hammerhead Motors Owners: Sharelle, Inc Agent: Jon E Schmidt & Associates - Josh Nichols Telephone No.: (561) 684-6141 Project Manager: Joyce Lawrence, Site Planner II

TITLE: a Type II Variance REQUEST: to eliminate terminal and interior landscape islands, divider medians, and interior trees and shrubs. TITLE: a Development Order Amendment REQUEST: to reconfigure the Site Plan, add square footage, and add a Requested Use. TITLE: a Requested Use REQUEST: to allow an Outdoor Auction (Auto).

APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for the Ponderosa Industrial Park (Lot 13). The 1.09-acre parcel of land is part of the overall 23.44 acre Planned Industrial Development (PID) site originally approved by the Board of County Commissioners (BCC) on September 28, 1976.

The Applicant is requesting to allow an Outdoor Auction with an accessory office for the auctioning of vehicles. The Applicant is also requesting Type II Variances to eliminate terminal and interior islands, divider medians, and required interior plant materials (trees and shrubs) within the proposed parking area.

The Preliminary Site Plan indicates a 1,344-square foot (sq. ft.) office building and 2,558 sq. ft. of canopy area. One access point to the site is provided from Kelly Drive (1).

SITE DATA:

Location: Approximately 500 feet north of the intersection of Kelly Drive and Southern Boulevard (Ponderosa Industrial Park Lot 13)

Property Control Number(s) 00-42-43-32-01-000-0130

Existing Land Use Designation: Industrial (IND)

Proposed Land Use Designation:

No proposed change

Existing Zoning District: Planned Industrial Development (PID) equivalent to Multiple Use Planned Development (MUPD)

Proposed Zoning District: No proposed change

Acreage: 1.10 acres

Tier: Urban/Suburban

Overlay District: N/A

Neighborhood Plan: N/A

CCRT Area: NA

Municipalities within 1 Mile N/A

Future Annexation Area Village of Royal Palm Beach

RECOMMENDATION: Staff recommends approval of the requests subject to 7 Conditions of Approval as indicated in Exhibit C-1; 19 Conditions of Approval as indicated in Exhibit C-2; and 4 Conditions of Approval as indicated in Exhibit C-3.

PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no contact from the public regarding this project.

PROJECT HISTORY:

On October 28, 1976 the site was approved as amended by the BCC through Resolution R-1976-01037 for a rezoning to allow a Planned Industrial District (PID). On June 25, 2001 the site was approved by the BCC through Resolution R-2001-0962 to allow a Development Order Amendment (DOA) to reconfigure the site plan and add square footage. SURROUNDING LAND USES: Surrounding the Overall PID (23.44-acre site) NORTH: FLU Designation: Industrial (IND) Zoning District: Special Exception/Planned Industrial Development (SE/PID)/Multiple Use Planned Development (MUPD) Supporting: Storage of vehicles and anxillary wholesaling of vehicles (Walker Powers, Control No 1985-00026) SOUTH: FLU Designation: Low Residential 2 units per acre (LR-2) Zoning District: Residential Transitional (RT) Supporting: Residential (Whispering Oaks, Control No 1986-00108) EAST: FLU Designation: Industrial (IND) Zoning District: Multiple Use Planned Development (MUPD) Supporting: Kendall Industrial (Warehouse, Manufacturing and Processing, Contractor’s Storage Yard, Control No 1975-00060) EAST: FLU Designation: Industrial (IND) Zoning District: Light Indstrial (IL)) Supporting: Vacant, (Southern Boulevard AEE, Control No 1979-00174) WEST FLU Designation: Commercial High with an underlying Industrial (CH/IND) Zoning District: Multiple Use Planned Development (MUPD) Supporting: Commercial Shopping Center, (Shoppes at Southern Palms, Control No 2007-00018). TYPE II VARIANCE SUMMARY

ULDC Article Required Propsed Variance

(V1) - ULDC Article 7.G.2.A, Terminal Islands

Each row of parking excess of three spaces shall be terminated by a landscape island

No terminal islands within the vehicle inventory area

To eliminate the terminal islands within the vehicle inventory area.

(V2) - ULDC Art.7.G.2.B. Interior Islands

Interior landscape islands are required at one per ten parking spaces (max 100 feet apart).

No interior islands within the vehicle inventory area.

To eliminate the interior islands within the vehicle inventory area.

(V3) - ULDC Art.7.G.2.C, Divider Median

Divider medians are required between every third row of parking.

No divider medians within the vehicle inventory area.

To eliminate the divider medians within the vehicle inventory area.

(V4) - ULDC Table 7.C.3, Minimum Tier Requirements - Minimum interior tree quantities (U/S Tier non- residential lot)

1 per 2,000 square feet No interior trees within the vehicle inventory area.

To eliminate the interior trees within the vehicle inventory area.

(V5) - ULDC 7.C.3, Minimum Tier Requirements - Minimum medium shrub quantities (U/S Tier non-residential lot)

3 per 2,000 square feet No medium shrubs within the vehicle inventory area.

To eliminate the medium shrubs.

FINDINGS: Type II Concurrent Variance Standards: When considering a Development Order application for a Type II Variance, the Zoning Commission shall consider Standards 1 through 7 listed under Article 2.B.3.E of the ULDC. The Standards and Staff Analyses are as indicated below. A Type II Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. 1. Special conditions and circumstances exist that are peculiar to the parcel of land,

building or structure that are not applicable to other parcels of land, structures or buildings in the same zoning district:

V1-V2 YES: The site is part of an overall PID, which equates in the Unified Land Development Code (ULDC) to a MUPD. The site was originally approved on October 28, 1976 through Resolution R-1976-1037. This PID is a typical of your standard MUPD, it really has no unified image or shared parking, etc. Therefore granting these variances will not impact the rest of the parcels of the PID. The Applicant states in the Justification Statement that the special conditions and circumstances relate to the type of use, Outdoor Auction, which requires a large unencumbered area for vehicle storage and for maneuvering of the vehicles. The applicant is requesting Type II Variances to eliminate the terminal and interior islands within the proposed storage area previously used as a contractor's storage yard as the nature of the outdoor auto auction business requires a significant amount of paved vehicle storage space and staging of vehicles for the auctions. The Code requires for each row of parking spaces in excess of three spaces shall be terminated by a landscape island. ULDC Table 7.C.3, Minimum Tier Requirements require a minimum width of 8 feet and a length of 15 feet and include one tree per island. The Code requires 10 trees within the vehicle inventory area 30 medium shrubs. The Variances are being requested to address the existing constraint of the site as well as to create a more usable and functional working environment. V3 YES: Pursuant to the ULDC Article 7.G.2.C, Divider Medians, shall be installed between every third row of parking and between all parking/vehicular use areas. Divider medians shall contain a minimum of one canopy tree for every 30 linear feet with a maximum spacing of 30 feet on center, shrubs with a minimum height of three feet and a maximum spacing of 30 inches, and appropriate ground coverage. Due to the type of use and the larger unencumbered parking area that is needed for vehicle storage and maneuvering of the vehicles, the divider medians would create difficulty for circulation. Therefore, the Applicant is requesting the Type II Variances to eliminate the divider medians within the inventory storage area. V4-V5 YES: The Applicant states that the site was previously used as a contractor’s storage yard and as a result all vegetation on the site was removed. The Code requires the affected area to be in compliance with landscape regulations to the greatest extent possible. The Applicant states in the Justification Statement that since the site is existing it would be difficult to redesign it to comply Code requirements as this would negatively affect the circulation and the parking spaces provided.. These existing conditions are particular to this parcel of land and not applicable to other parcels of land in the same Zoning District. However, due to the type of use and the larger unencumbered parking area that is needed for vehicle storage and maneuvering of the vehicles, the divider medians would create difficulty for circulation. In addition the Applicant is requesting the variances to eliminate the interior plant material for the site. The applicant is providing a 5-foot wide buffer on the north and east side of the site consistent with previous approvals in the same MUPD.

2. Special circumstances and conditions do not result from the actions of the Applicant: V1-V2 YES: The Applicant states that the special circumstances stem from the nature of the auto auction business and the ability to maneuver and stage vehicles easily within the site on an auction day. The inventory area will not be opened for vehicular access by the public. The use requires an open vehicle storage area that is unencumbered by terminal and interior islands, divider medians, and plant material. This unencumbered circulation is necessary for employees to effectively move the vehicles and ensure an efficient business operation. This Variance requests only apply to the area in which the inventory vehicles will be stored. V3 YES: The special circumstances arise from the uniqueness of the Outdoor Auction use. The divider medians are used to buffer between parking spaces and vehicular use areas. The use requires a large amount of inventory area with unencumbered circulation. The Applicant is requesting the Variances to address these site conditions. V4-V5 YES: The special circumstances arise from the uniqueness of the Outdoor Auction use. Since the landscape islands and divider medians are part of the request to be eliminated therefore, the landscaping within those islands would also be eliminated. The use requires a large amount of inventory area with unencumbered circulation. The special circumstances are a result of the nature of the business and not the result of the actions of the Applicant. 3. Granting the variance shall not confer upon the Applicant any special privilege denied

by the Comprehensive Plan and this code to other parcels of land, structures or buildings in the same zoning district:

V1-V5 YES: Granting the variance would not confer any special privilege upon the Applicant. The purpose of a PDD is to provide opportunities for development patterns which exceed the expectations of the standard Zoning Districts or encourage infill development and redevelopment. A MUPD is also to encourage economic growth. The granting of the requested variances will not confer any special privilege to the site but to simply allow a function of the business operation and providing the most efficient means of safely maneuvering the site. The Variances are being requested to address the existing conditions on the site. 4. Literal interpretation and enforcement of the terms and provisions of this Code would

deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship:

V1–V5 YES: The purpose of a PDD is to provide opportunities for development patterns which exceed the expectations of the standard Zoning Districts or encourage infill development and redevelopment. The Applicant would like to utilize the existing infrastructure, and modified the preliminary site plan to bring the property into compliance with current regulations to the greatest extent possible. Compliance with the literal interpretation and enforcement of the terms and provisions of the ULDC would result a reduction of the storage and staging area for the outdoor auction use. Consequently, literal interpretation and enforcement of the terms and provisions of the Code would deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship. 5. Grant of variance is the minimum variance that will make possible the reasonable use of

the parcel of land, building or structure: V1-V5 YES: The Granting of the variances will be the minimum that will make possible the reasonable use of the parcel of land or structure. The Applicant states that the site previously supported a contractor’s storage yard and pending approval of the Variances will address the existing conditions on the site. The Site Plan was modified to relocate the structure (portable) to meet setbacks and the parking spaces adjacent to the structure in compliance with Code requirements. The inventory storage area is not in compliance with Code requirements. The Applicant is requesting the Variances to comply with Code.

6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code:

V1-V5 YES: The granting of the variances will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code. The preliminary site plan was modified to indicate the structure meeting setbacks and the parking spaces adjacent to the structure in compliance with Code. The inventory storage area will not be accessible by the public and is specifically designated for employees to stack and maneuver the vehicles for auction purposes. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental

to the public welfare: V1-V5 YES: The granting of the variances will not be injurious to the area involved or detrimental to the public welfare. The preliminary site plan was modified to indicate the structure meeting setbacks and the parking spaces adjacent to the structure in compliance with Code. The inventory storage is specifically designated for employees to stack the vehicles and maneuver them for auction purposes. 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. Intensity: The request for a total of 1,344 square feet equates to a FAR of approximately 0.03 (1,344 / 43,995.6 square feet or 1.01 acres = 0.03). The maximum Floor Area Ratio (FAR) of 0.45 is allowed for a non-residential project with a IND FLU designation in the Urban/Suburban Tier (1.01 acres x 43,560 square feet per acre x 0.45 maximum allowed FAR = 19,798 square feet maximum). Special Overlay District/ Neighborhood Plan/Planning Study Area: N/A. 2. 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.

This PID is a typical of your standard MUPD, it really has no unified image or shared parking, etc. Therefore granting these variances will not impact the rest of the parcels of the PID. The intent of a MUPD is also to encourage economic growth. Pending approval of the Variances, the proposal will be consistent with the ULDC and the Comprehensive Plan. o Parking: The outdoor auction use requires 1 space per 250 s.f. of the 1,344 s.f. Office Building, for a total of 6 required parking spaces. The request is in compliance with the ULDC. Pending approval of the Type II Variances, the proposed parking area layout for the storage of the vehicles for the proposed use will be in compliance with ULDC. o Signs: No sign is proposed by the Applicant at this time. o Architectural Review: The proposed site is not subject to Article 5.C.1, Design Standards and Architectural Guidelines and Compatibility Standards 5.C.1.H of the Unified Land Development Code (ULDC) since the office building is currently located on this site.

o Landscaping: The site is part of an overall PID, and Article 1 of the ULDC requires the affected area to be in compliance with landscape regulations to the greatest extent possible. The overall PID is conditioned by (Resolutions R-1976-1037) for the Applicant to install perimeter landscape buffer. In working with staff, the Applicant revised the preliminary site plan to indicate a 5-foot wide landscape buffer (Landscape Condition 2) along the right of ways for Kelly Drive and Bama Lane in consistency with some of the other lots within the PID. The 5 foot wide landscape buffer buffers are addressed in the non-conforming chart on the preliminary site plan. 3. 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 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. The site is part of the overall PID currently reviewed as an MUPD which is industrial in nature, and should not negatively impact the development pattern in and around the surrounding area. 4. 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.

The requests to allow an outdoor auction use within a MUPD should not create any adverse effects, including visual impact and intensity of the proposed use on adjacent lands. No impact will be created by the height of the building as it does not exceed the height allowed by Code. The inventory parking will be pending approval of the Type II Variances. All other required parking spaces associated with the use will be installed in compliance with Code requirements. Subject to Conditions of Approval and the pending approval of the Type II Variances, the design minimizes adverse impact. 5. 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 site had been used for a contractor storage yard and does not support a significant amount of native vegetation WELLFIELD PROTECTION ZONE: The property is located not 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. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern.

The proposed use will result in a logical, orderly and timely development pattern. The site previously supported a contractor’s storage yard and will result in few changes to the center. The Applicant is proposing to relocate the existing mobile office building and the covered canopy area for compliance with setbacks and modified the required parking spaces to comply with Code. The remaining portion of the site will not have any impacts on natural lands as the property is cleared and will support inventory parking spaces for the proposed use. 7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency.

ENGINEERING COMMENTS: TRAFFIC IMPACTS The project is expected to generate 43 net new daily trips, 10 AM and PM net new peak hour trips. The proposed development generates fewer than 20 peak hour trips. Therefore, it generates insignificant traffic impact and a traffic study is not required. The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto or work within Kelly Drive. PALM BEACH COUNTY HEALTH DEPARTMENT: Staff review is not needed at this time. FIRE PROTECTION: Staff review is not needed at this time. SCHOOL IMPACTS: Staff review is not needed at this time. PARKS AND RECREATION: Staff review is not needed at this time. CONCURRENCY: Concurrency has been approved for 1,344 s.f. office building. The proposed requested use complies with Article 2.F, Concurrency (Adequate Public Facilities). 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification.

The 1.01-acre parcel of land is part of the overall 23.44 acres (13 lots) Planned Development. On October 28, 1976 through Resolution R1976-1037, the BCC approved as amended a rezoning of the site to PID. The Applicant is requesting 5 Type II Variances to bring the site in compliance with the Code and the Comprehensive Plan. The Applicant states that the site previously supported a contractor’s storage yard, pending approval of the Variances to address existing site conditions and the reconfiguration of the site, the Applicant is requesting approval to allow the outdoor auction use. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, Staff is recommending approval of the request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibits C-2 and C-3.

CONDITIONS OF APPROVAL

EXHIBIT C-1 Type II Variance - Concurrent VARIANCE 1. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/DOA/R-2014-01341. (ONGOING: ZONING - Zoning) 2. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (BLDGPMT: BUILDING DIVISION - Zoning) 3. Prior to the submittal for Final Approval by the Development Review Officer, the approved Variance(s) and any associated Conditions of Approval shall be shown on the Final Site Plan. (DRO: ZONING - Zoning) 4. This Variance is approved for the outdoor auction use. Any change to the use(s) shall require reconsideration of the Variance by the Zoning Commission. (ONGOING: CODE ENF - Zoning) 5. In Granting this Approval, the Zoning Commission 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: MONITORING - Zoning) 6. 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; 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 Development Order Amendment ALL PETITIONS 1. Previous ALL PETITIONS condition 1 of Resolution R-2001-962, Control No.1976-00134, which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions R-76-1037 (Petition 76-134), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolutions R-76-1037 (Control 76-134), R-2001-0962 (Control 1976-134A) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous ALL PETITIONS condition 2 of Resolution R-2001-962, Control No.1976-00134, which currently states: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated April 10, 2001. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (applicable to Tract A only) Is hereby amended to read: The approved Preliminary Site Plan is dated May 20, 2015. 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) ENGINEERING 1. Developer shall dedicate to Palm Beach County the additional right-of-way required for a one hundred twenty (120) foot right-of-way for State Road 80 within ninety (90) days, and shall also reserve an additional eighty (80) feet for future right-of-way. (Previously Condition 2. of Resolution R-76-1037, Petition 76-134) (ONGOING: ENGINEERING - Engineering) (Previous ENGINEERING condition 1 of Resolution R-2001-962, Control No.1976-00134) [Note: COMPLETED] 2. Prior to September 1, 2001, the property owner shall convey a temporary roadway construction easement along Southern Boulevard to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (DATE: MONITORING - Engineering) (Previous ENGINEERING condition 2 of Resolution R-2001-962, Control No.1976-00134) [Note: COMPLETED] 3. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Southern Boulevard 220 feet north of the existing north right of way line of Southern Boulevard or a lesser amount if approved by the Florida Department of Transportation and County Engineer. This right of way shall be conveyed prior to September 1, 2001, or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be

along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer 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. Right-of-way conveyances shall also include “Corner Clips” where appropriate as determined by the County Engineer. (BLDGPMT/DATE: MONITORING - Engineering) (Previous ENGINEERING condition 3 of Resolution R-2001-962, Control No.1976-00134) [Note: COMPLETED] 4. Prior to Site Plan approval by the DRC, the property owner shall revise the site plan for the site to align the project entrance with Gator Lane. (DRO: ENGINEERING - Engineering) (Previous ENGINEERING condition 4 of Resolution R-2001-962, Control No.1976-00134) [Note: COMPLETED] LANDSCAPE - GENERAL-(APPLICABLE TO TRACT A ONLY) 1. For proposed or replacement of canopy trees required to be planted in the perimeter buffer shall meet the following minimum standards at installation: a. Tree height: fourteen (14) feet; b. Trunk diameter: 3.5 inches measured 4.5 feet above grade; c. Canopy diameter: seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length; and, d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) (Previous LANDSCAPE - GENERAL condition 1 of Resolution R-2001-962, Control No.1976-00134) 2. All palms required to be planted on site by this approval shall meet the following minimum standards at installation: a. Palm heights: twelve (12) feet clear trunk; b. Clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) (Previous LANDSCAPE - GENERAL condition 2 of Resolution R-2001-962, Control No.1976-00134) 3. A group of three (3) or more palm or pine trees may not supersede the requirement for canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning) (Previous LANDSCAPE - GENERAL condition 3 of Resolution R-2001-962, Control No.1976-00134) LANDSCAPE - PERIMETER 4. LANDSCAPING ALONG SOUTH PROPERTY LINE (SOUTHERN BOULEVARD FRONTAGE TRACT “A” ONLY) Prior to December I, 2002 or issuance of Certificate of Occupancy, whichever comes first, any native plant materials which may be affected by the road expansion, shall be relocated within the proposed right-of-way buffer for Southern Boulevard. In case the plant materials are damaged or destroyed during the transplanting process, the petitioner/property owner shall replace with similar species. (CO/DATE: LANDSCAPE – Zoning) (Previous Landscape General condition D.1 of Resolution R-2001-962, Control No. 1976-134) [Note: COMPLETED]

LANDSCAPE - GENERAL-(APPLICABLE TO THE OVERALL PID) 5. Developer shall provide the following perimeter buffer areas: a) North - Fifteen (15) feet b) South - Twenty-five (25) feet c) East - Fifteen (15) feet d) West - Twenty-five (25) feet (CO: LANDSCAPE - Zoning) (Previous LANDSCAPE - GENERAL condition 4 of Resolution R-2001-962, Control No.1976-00134) 6. Developer shall preserve as many trees as possible as indicated on Site Plan, Exhibit No. 6, and shall protect trees of significant value as determined by the Planning, Building and Zoning

Departments’ urban forester. (ONGOING: LANDSCAPE - Zoning) (Previous LANDSCAPE - GENERAL condition 5 of Resolution R-2001-962, Control No.1976-00134) SITE DESIGN-(TRACT A ONLY) 1. Total gross floor area shall be limited to a maximum of 36,483 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet, whichever is less, subject to approval by Traffic Division and DRO. (ONGOING: ZONING - Zoning) (Previous SITE DESIGN condition 1 of Resolution R-2001-962, Control No.1976-00134) 2. The maximum height for all structures including air conditioning, mechanical equipment and satellite dishes shall not exceed thirty-five (35) feet. All heights shall be measured from finished grade to highest point. (BLDGPMT/ONGOING: BUILDING DIVISION - Zoning) (Previous SITE DESIGN condition 2 of Resolution R-2001-962, Control No.1976-00134) 3. All ground or roof mounted air conditioning, mechanical equipment and satellite dishes shall be screened from view on all sides by a visually opaque barrier consistent with the color, character and architectural style of the principal structure or equivalent landscape material. (CO: BUILDING DIVISION - Zoning) (Previous SITE DESIGN condition 3 of Resolution R-2001-962, Control No.1976-00134) 4. No barbed or razor wire shall be permitted on the site. (ONGOING: BUILDING DIVISION - Zoning) (Previous SITE DESIGN condition 4 of Resolution R-2001-962, Control No.1976-00134) 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.

Exhibit C-3 Requested Use – Outdoor Auction ALL PETITIONS 1. The approved Preliminary Site Plan is dated May 20, 2015. 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) 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 Site Plan dated May 20, 2015

Figure 5 Preliminary Regulating Plan dated April 9, 2015

Exhibit D: Disclosures

Exhibit E: Justification Statement

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PALM BEACH COUNTY PLANNING, ZONING AND ...ZC July 2, 2015 Page 107 Application No....

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