PALM BEACH COUNTY PLANNING, ZONING AND ...2011/06/05 · BCC June 27, 2011 Page 10 Application No. DOA/R-2010-02573 BCC District 03 Control No. 1981-00186 Project No. 00598-001 PALM

BCC June 27, 2011 Page 10

Application No. DOA/R-2010-02573 BCC District 03 Control No. 1981-00186 Project No. 00598-001

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: DOA/R-2010-02573 Control No.: 1981-00186 Applicant: Chick-fil-A, Inc. Owners: Revenue Properties Lantana Inc

Spilan Parcel LLC Specon VI

Agent: Corporate Property Services, Inc. - Craig McDonald Telephone No.: (954) 426-5144 Project Manager: Carol Glasser, Site Planner II

Location: Northeast corner of Jog Road and Lantana Road. (Chick-fil-A at Lee Square)

TITLE: a Development Order Amendment REQUEST: to reconfigure the site plan; relocate requested uses; and, to modify/delete Conditions of Approval (All Petitions, Building and Site Design, Use Limitations). TITLE: a Requested Use REQUEST: to allow a Type 1 Restaurant.

APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for the Lee Square Planned Commercial Development. The 38.19-acre site was last approved by the Board of County Commissioners (BCC) on December 4, 1997 to allow for 343,948 square feet of commercial and civic uses. The applicant requests to reconfigure the site plan and reduce square footage to 343,795 (-153 square feet); relocate the General Day Care use, relocate the Assembly, Non-Profit Institutional use and reduce it from 12,000 square feet to 7,404 square feet. The applicant also requests a 4,443-square foot Type 1 Restaurant with a drive-thru. The applicant requests to modify All Petitions 2 and delete All Petitions 4 for consistency with the Code to allow administrative amendments; modify Building and Site Design 5 to screen rooftop mechanical equipment; delete Building and Site Design 12 limiting the maximum gross floor area; and, delete Use Limitations 1 limiting the hours for outdoor activities. No changes are proposed to the existing buildings. The site plan indicates 1,689 parking spaces. Access will remain from Jog Road (4) and Lantana Road (3).

ISSUES SUMMARY o Modification of Request On March 31, 2011, the applicant withdrew the request to delete Use Limitations 1, which limited the hours for outdoor activities. The applicant has indicated agreement with staff's recommendation to modify the condition in accordance with the condition's original intent to cease outdoor activities including loading activities on the northeast and east portion of the site by 10:00 PM (one hour earlier than current Code). o Project History On November 19, 1981, the BCC approved Resolutions R-81-1621, R-81-1622, and R-81-1623 to allow a rezoning from the Agricultural (AG) Zoning District to the General Commercial (CG) and Specialized Commercial (CS) Zoning Districts and a Special Exception (SE) to allow a Planned Commercial Development (PCD) including a Large Scale Community Shopping Center in Excess of



510,000 square feet, and Automobile Service Station, Recreation Facilities and Club, Automotive Service Centers, and a Child Daycare Center. Although the site has two zoning designations with an approval for a SE for a PCD, the site is reviewed as a Multiple Use Planned Development (MUPD) in accordance with Art. 3.E.3.A.2. On January 24, 1991, the BCC approved a SE to amend the site plan for the previously approved PCD to re-design the site, increase square footage and permit a Financial Institution with 3 drive-up tellers. [The existing financial institution is inline with the retail uses and does not have any drive thru. Current Code allows a financial institution use not exceeding 5,000 square feet and 3 drive-thrus as a permitted use in a MUPD.] The BCC approved Resolution R-91-841 on February 28, 1991 for a rezoning and Resolutions R-92-360 and R-92-361 on December 9, 1991 for a rezoning and to amend the site plan to redesign the site and increase building square footage. The rezonings changed the boundaries of the CS and the CG portions of the site. The applicant is requesting a correction to the legal descriptions in R-91-841 indicating that the legal descriptions rezoning from CS (CSH) and CG to entirely CSH and a rezoning from CS (CSH) and CG to entirely CG were inadvertently switched. On March 25, 1993, the BCC approved Resolution R-93-399 to modify conditions of approval (Building and Site Design, and Signs). On December 4, 1997, the BCC approved Resolution R-98-8 to modify the Landscaping within median and delete the outparcel size conditions of approval. o Consistency with Comprehensive Plan The Planning Division has reviewed the requests and has found the requests to be consistent with the site's Commercial High with a underlying Medium Residential 5 units per acre (CH/5) Future Land Use (FLU) designation. See Staff Review and Analysis for additional information from the Planning Division. o Compatibility with Surrounding Land Uses

NORTH: FLU Designation: Medium Residential, 5 units per acre (MR-5) Zoning District: Residential Single Family (RS) Supporting: Townhouse and Single Family, Lee’s Crossing (aka Concept Homes and

Lantana Road PUD) (Control No. 79-286) SOUTH: FLU Designation: Commercial High (CH) Zoning District: General Commercial (CG) Supporting: Commercial, Pinewood Square (Control No. 86-008) EAST: FLU Designation: MR-5 Zoning District: Residential Single Family (RS) Supporting: Single Family, Brentwood Lakes (aka Homes of Lee’s Crossing (Control

No. 79-286) WEST: FLU Designation: Low Residential, 3 units per acre (LR-3) Zoning District: RS Supporting: Golf Course, The Fountains South (Control No. 81-114)

The subject site has a platted 25-foot wide buffer (PB68, PG187) surrounding the entire site. A 6-foot high wall exists in the approximate middle of the buffer along the north and east boundaries that abut residential. The residential developments also have platted 25-foot wide perimeter buffers (PB41, PG004 and PB53, PG165). However, many adjacent residential properties have installed fences encroaching the entire buffer widths (12 feet of the subject site’s buffer plus 25 feet of the PUDs’ buffer) on the outside of the wall abutting the wall. These encroachments effectively prevent the



subject site’s property owner from accessing the exterior side of the wall to enhance the buffer. The east perimeter buffer remains vested per Alternative Landscape Plan dated March 14, 2007. The Lantana Home PUD aka Brentwood Lakes (Control No. 79-286) Final Subdivision Plan indicates a vehicular cross access to Lee Square. The vehicular cross access was previously not required for Lee Square due to residents’ objections to the vehicular cross access. Instead, a pedestrian access was required by previous Engineering and Site Design Conditions of Approval. The existing pedestrian access crosses through the undeveloped portion of the site at the rear of the existing buildings. The Sheriff’s office has documented numerous crimes that have either occurred in that access area or where the access area was used as an egress to commit robbery, aggravated battery, assault, burglary and trespass. The closing of the pedestrian access to the shopping center will help to eliminate future incidents, provide a safer environment, and the above-mentioned unintended consequences of the pedestrian access will not continue to be a detriment to the public welfare. Therefore, the existing pedestrian access is now recommended to be closed. (See Engineering 8 and 13, Site Design 4, Landscape – Interior 10) Subject to the recommended conditions of approval, staff does not anticipate any significant incompatibility issues with the proposed amendment or requested use. o Modification of Conditions Applicant’s Request: Modify All Petitions 2 and delete All Petitions 4 for consistency with the Code to allow administrative amendments. Staff’s Response: Staff recommends approval of the applicant’s request that amendments to the Development Order be allowed in accordance with ULDC limitations of Development Review Officer authority to approve modifications. All Petitions 2 is recommended to be amended and All Petitions 3 is recommended to be deleted. Applicant’s Request: Modify Building and Site Design 5 to update the number of outparcels required to screen rooftop mechanical equipment and to delete Building and Site Design 12 stating the maximum gross floor area in accordance with a prior Code. Staff’s Response: Staff recommends approval of the applicant’s request to revise C.5 for the number of outparcels as indicated on the Preliminary Site Plan dated February 14, 2011 that are subject to rooftop mechanical equipment and screening; and approval of the request to delete C.12 as no longer applicable per current Code requirements for concurrency and limits on DRO authority to approve an increase in total floor area. On March 31, 2010, the applicant withdrew the request to delete Use Limitations 1 limiting the hours for deliveries and use of the baseball/activity area in the Specialized Commercial High (CSH) Zoning District portion of the site. Staff recommends that condition V.1 be modified. The Preliminary Site Plan no longer indicates a baseball/activity area and the CSH Zoning District is a previous Zoning District; therefore, condition V.1 must be revised. However, staff recommends that the intent of the condition to cease outdoor activities includes deliveries/loading by 10:00 PM on the northeast and east portions of the site abutting residential be carried forward with the amendment request. Staff is also recommending Engineering condition E.2 of Resolution R-98-8, Control No. 1981-186 be amended. This condition has been carried forward through previous applications from Resolution R-81-1623 and states:

Install signalization, when warranted as determined by the County Engineer, at the project’s east turnout and Lantana Road, but in no event shall it be later than five (5) years from the issuance of the last certificate of occupancy.

The County Engineer has determined that signalization is warranted by the existing development pursuant to existing condition E.2. Staff is proposing to amend this condition (see Engineering 1 in Exhibit C-1) to require installation of the signal within six months of receipt of notice that the signal is



warranted (which was sent on February 28, 2011) or prior to issuance of the next Certificate of Occupancy, whichever shall first occur. The amended condition language will allow staff to continue to pursue installation of this warranted traffic signal regardless of the outcome of this request while simultaneously ensuring that the impacts of this request do not occur until the signal is installed. The Property Owner has disputed the applicability of the signalization condition and the warrant determination, but staff notes that the authority to make the signal warrant determination lies with the County Engineer. See Staff Review and Analysis for Traffic Division information. o Landscape/Buffering Staff has determined that the platted 25-foot wide buffer width surrounding the entire site (PB68, PG187) remains vested per Landscape Plan approved November 20, 1992 as amended by Alternative Landscape Plan for the east perimeter buffer approved March 14, 2007. This application does not request any modifications to the existing “Big Box” Building Supplies use in the Large Scale Commercial Development. Staff further determined that requiring any additional buffer width in the affected area will not yield a benefit given the existing encroachment conditions at the property’s east boundaries. The required 6-foot high wall exists in the approximate middle of the 25-foot buffer along the north and east boundary abutting residential. Both residential developments also have platted 25-foot wide buffers. However, many of the adjacent residential lots to the east have existing fences/walls that abut the subject site’s wall. The existing residential fences and walls to the east encroach a distance of approximately 37 feet across the abutting 50-foot widths of platted buffers. This encroachment effectively prevents the subject site’s property owner from accessing the portion of the buffer on the outside of the wall to enhance the east perimeter buffer. o Signs Staff is recommending that the previous sign conditions, which are inconsistent with current Code requirements, be deleted. The existing signs remain vested in accordance with Art. 1.F.5 Nonconforming Site Elements, building permits, and corresponding required tags. See Figure 10 for the Preliminary Master Sign Plan, indicating the maximum 8-foot high monument sign east of the rear drive aisle for the uses in the affected area and the 6-foot high outparcel sign for the proposed Chick-fil-A Type 1 Restaurant east of the pedestrian connection. o Architectural Review The initial elevations for the proposed Chick-fil-A prepared by Interplan are dated December 27, 2010. (See Figures 11, 12, and 13) Architectural Review staff reviewed the elevations and found the elevations to be compliant with the relevant articles within the ULDC. The elevations are consistent with the surrounding built environment in form, materials and height. Per the applicant, the proposed elevations of the Chick-fil-A building deviate from its prototypical materials and implement certain features to complement the building’s surroundings. Brick veneer will be replaced by stucco at the main body and split-faced concrete masonry unit (CMU) wainscot. Stucco bands were incorporated into the building's facade to mimic an architectural design element of the existing shopping center. To prevent a contradictory theme, the building will also employ earth tone colors. Architectural Review staff has determined that the proposed Chick-fil-A building exterior elevations are compatible with the existing Lee Square development and matches the architectural theme and character of the existing buildings. The proposed development is subject to Article 5.C Architectural Guidelines. Staff is recommending that at time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the proposed building be submitted simultaneously with the site plan for final architectural review and approval. (See Architecture Condition 1.) This will allow the applicant an opportunity to do further design development without lessening the visual qualities of the structure below the current submittal. Development shall be consistent with the approved architectural elevations, the DRO-approved site plan, all applicable conditions of approval, and all ULDC requirements. o Requested Uses – Restaurant, Type 1 and Relocation of Previously Approved Unbuilt Requested Uses for Daycare, General and Recreation Facilities and Club



The applicant proposes a 4,443-square foot Type 1 Restaurant with a drive-thru (Chick-fil-A) at the southeast corner of the site the location of a previously approved Daycare, General. The Daycare, General use is proposed to be relocated to the north adjacent to the pedestrian access. The previously approved Recreation Facilities and Club, now known as Assembly, Non-Profit Institutional in the use matrix, remains in the same location at the northeast corner of the site. However, the use is reduced from 12,000 square feet in 3 buildings to 7,404 square feet in 2 buildings (-4,596 square feet) and the baseball activity area has been deleted. The Type 1 Restaurant is separated from the existing Type 1 Restaurants in the vicinity by a minimum of 500 feet and complies with previous conditions of approval for dumpster setback of 75 feet from residential and maximum height of outdoor lighting within 200 feet of residential. All of the uses in the affected area shall comply with current Code for hours of operation within 250 feet of residential of 6:00 AM to 11 PM. Staff is recommending perimeter landscape condition 1 for the Type 1 Restaurant to install the east buffer prior to construction activity to screen and buffer the existing residences to the east from the construction activity. o Development Order Amendment – Changed Circumstances The applicant indicates that since the uses within the affected area were approved, market demands have changed. The applicant indicates that the reconfigured site layout and new Type 1 Restaurant will more appropriately serve the community. The applicant indicates that the proposed Chick-fil-A restaurant will enhance what currently exists, upgrade the appearance of the overall shopping center and enhance pedestrian curb appeal. The Type 1 Restaurant with as drive-thru as proposed on the southeast corner of the site fronting Lantana Road necessitates the relocation of the previously approved requested uses for the Daycare, General and the Assembly, Non-Profit Institutional. Thus, the entire area east and north of the rear drive aisle is requested to be reconfigured. Staff has evaluated the applicant’s justification and responses for each standard listed under Article 2.B.2.B 1-9, 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. o Zoning Commission (ZC) Hearing The applicant requested a postponement by right in accordance with Art. 2.A.1.L.5 from the April 7, 2011 ZC hearing to the May 5, 2011 ZC hearing. Thus, the application was postponed by right from the April 28, 2011 BCC hearing also. The applicant requested a postponement from the May 5, 2011 ZC hearing to the June 2, 2011 ZC hearing. No members of the public spoke on this application. Commissioner Kaplan moved for postponement. Commissioner Anderson seconded. The motion to postpone passed unanimously 6-0. Thus, the application was postponed from the May 26, 2011 BCC hearing also. At the June 2, 2011 ZC hearing, this application was on the consent agenda. Craig McDonald, agent for the applicant, indicated agreement to the Conditions of Approval. The agent also indicated that the applicant is working with staff on the final language of Engineering Condition 1 prior to the BCC hearing. The ZC recommended approval of both requests with votes of 8-0 on each.



TABULAR DATA

EXISTING PROPOSED

Property Control Number(s)

00-42-44-34-38-001-0010 (affected parcel) 00-42-44-34-38-001-0020 00-42-44-34-38-001-0030 00-42-44-34-38-001-0040 00-42-44-34-38-001-0050 00-42-44-34-38-001-0060 00-42-44-34-38-001-0070

Same

Land Use Designation:

Commercial High, with an underlying Medium Residential, 5 units per acre (CH/5)

Same

Zoning District: General Commercial (CG) (entire unaffected area and proposed location for the new Restaurant, Type 1;and, Specialized Commercial High (CSH) (northeast and east portion of the site except the southeast corner) (CSH is a prior Zoning District equivalent to Commercial High Office (CHO))

The applicant is requesting a corrective resolution to rectify a scrivener’s error wherein the legal descriptions for the CSH and CG Zoning Districts were inadvertently switched in resolution R-91-841.

Tier: Urban/Suburban Same

Use: Existing Requested Uses: Convenience Store with Gas Sales (No Auto Repair) Carwash Restaurant, Type 1 w/ a drive-thru Previously approved unbuilt Requested Uses Day Care, General Assembly, Non-Profit Institutional Building Supplies (a minor nonconforming use legally established as a permitted use but would be a requested use in current Code) Permitted uses: Financial Institution (no drive-thru) Office, Business or Professional Restaurant, Type 2 Retail Sales, General including 5,000 square feet previously approved but unbuilt indicated as Building G, Phase 2

Same plus: An additional Requested Use for a Restaurant, Type 1 w/ a drive-thru; and, Relocation of the previously approved unbuilt Requested Uses for a: Day Care, General Assembly, Non-Profit Institutional

Acreage: 38.19 acres Same

Intensity: 343,948 square feet (SF) 343,795 SF (-279 SF)

Parking spaces: 1,678 1,689 ( +11)

Access: 4 from Jog Road 3 from Lantana Road

Same

PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 1 contact in support and 1 contact in opposition from the public regarding this project without additional comment.

RECOMMENDATION: Staff recomends approval of both requests subject to 66 Conditions of Approval as indicated in Exhibit C-1 and 4 Conditions of Approval as indicated in Exhibit C-2.



ACTION BY THE ZONING COMMISSION: April 7, 2011: Motion to postpone by right to Thursday, May 5, 2011 carried by a vote of 7–0. May 5, 2011: Motion to postpone to Thursday June 2, 2011 carried by a vote of 6-0. June 2, 2011 Motion to recommend approval of the request carried by a vote of 8-0.

MOTION: To adopt a resolution approving a Development Order Amendment to reconfigure the site plan; relocate requested uses; and, to modify and delete Conditions of Approval (All Petitions, Building and Site Design, Use Limitation) subject to the Conditions of Approval as indicated in Exhibit C-1. MOTION: To adopt a resolution approving a Requested Use to allow a Type I Restaurant subject to the Conditions of Approval as indicated in Exhibit C-2.



Figure 1 Land Use Atlas Map



Figure 2 Zoning Quad Map



Figure 3 Aerial



Figure 4 Preliminary Site Plan Lee Square page 1 of 2 dated February 14, 2011



Figure 5 Preliminary Site Plan Lee Square page 2 of 2 dated February 14, 2011



Figure 6 Final Site Plan Lee Square dated February 8, 2006



Figure 7 Preliminary Site Plan Chick-fil-A at Lee Square leased outparcel dated February 14, 2011



Figure 8 Preliminary Regulating Plan Chick-fil-A at Lee Square page 1 of 2 dated February 14, 2011



Figure 9 Preliminary Regulating Plan Chick-fil-A at Lee Square page 2 of 2 dated February 14, 2011



Figure 10 Preliminary Master Sign Plan Lee Square dated February 14, 2011



Figure 11 Preliminary Elevations dated December 27, 2010









STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High with an underlying High Residential 5 units per acre (CH/5). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is within the future annexation area of the City of Greenacres and the Town of Lantana. INTERGOVERNMENTAL COORDINATION: The subject site is within 1 mile of the City of Greenacres. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to reconfigure the site plan, add square footage and modify/delete conditions of approval for the purposes of developing a 4,443 square foot Type I restaurant within an existing approved Planned Commercial Development and Large Scale Community Shopping Center and has found the requests to be consistent with the site's CH FLU designation. The maximum Floor Area Ratio (FAR) of .50 (PDD) allowed for a project with the CH FLU designation in the Urban/Suburban Tier (38.187 ac x 43,560 x .50 = 831,712.85 square feet maximum). The request for a total of 343,795 square feet equates an FAR of 0.20 (343,795 sq. ft. / 38.187ac. = 0.206). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The request is located within a Redevelopment, Revitalization and Infill Overlay (RRIO) as well as the Lee Crossing/Homes of Lantana Countywide Community Revitalization Team (CCRT). The Office of Community Development (OCR) has not identified any issues or concerns for the request but has advised the applicant to contact the neighboring Homeowners Associations to discuss the proposed request. The applicant has indicated that the Lee’s Crossing Homeowners’ Association (HOA) and the Brentwood HOA were contacted regarding this project and both HOA’s expressed support for the Chick-fil-A restaurant. FINDINGS: The request is consistent with the CH-5 land use designation of the Palm Beach County Comprehensive Plan.

ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS 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 Permit from the Palm Beach County Engineering Department, Permit Section, for any modifications within County right-of-way for Lantana Road and/or Jog Road. TRAFFIC IMPACTS Petitioner has estimated the build-out of the project to be December 31, 2015. Previously approved traffic from this project was 9,530 trips per day, 986 trips in the PM peak hour. Additional new traffic expected from this project is 2,876 trips per day, 280 trips in the PM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Lantana Road from Jog Road to Haverhill Road



Existing count: 3042 Background growth: 650 Project Trips: 224 Total Traffic: 3916 Present laneage: 6LD LOS "D" capacity: 4680 Projected level of service: D

PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for the requests.

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is cleared. 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.

OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis is needed for the requests. PARKS AND RECREATION: No Staff Review Analysis is needed for the requests. CONCURRENCY: Concurrency has been approved for 343,795 square feet to include: General Retail Sales, Financial Institution, Type I Restaurants, Type II Restaurants, Convenience Store with Gas Sales (5 pumps; 10 Vehicle Fueling Positions) and Carwash, Assembly Non-Profit, General Day Care (100 children). WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD) FINDING: The proposed Development Order Amendment and Requested Use comply with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards).

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 – 9 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. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.-2.B and provides the following assessment:



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 Planning Division has reviewed the Development Order Amendment request for an existing Planned Commercial Development and Large Scale Community Shopping Center to reconfigure the site plan and modify/delete conditions of approval and to allow a Restaurant, Type 1 consisting of 4,443 square feet with a drive-thru and has found the request to be consistent with the site's CH FLU designation. 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.

The existing Large Scale Community Shopping Center and Planned Commercial Development is reviewed as a Multiple Planned Unit Development (MUPD) per Art. 3.E.3.A.2. The applicant is not required to rezone to a MUPD per Art. 3.E.1.A.2.a.1) exception as the consent of all property owners could not be obtained for this application. The unaffected area (the portion of the site south and west of the rear drive aisle remains vested for the existing non-conforming site elements (parking area dimensions, parking area landscaping, signs, outdoor lighting). Except for the platted 25-foot wide perimeter buffer, which also remains vested, the property owner shall comply with current Code in the affected area. The requested Development Order Amendment is in compliance with the Code limitations on number of freestanding buildings in a commercial MUPD. The amendment complies with the Planned Development District (PDD) minimum/maximum parking standard in Art. 3.E.1.C.2.h.2).a). No changes to the previously approved access points are proposed. The proposed Type 1 Restaurant with a drive thru is separated by a minimum of 500 feet (structure to structure) from existing Type 1 Restaurants with drive-thrus in the vicinity. The existing subdivision of Lee Square consists of 7 parcels. Lee Square will not be further subdivided as the Chick-fil-A Type 1 Restaurant is proposed on a leased parcel. Since Lee Square is reviewed as a MUPD, the developer intends to subdivide the property pursuant to the platting exemption of Article 11.A.6.B. Given that the entire project is reviewed as a MUPD with a CH FLU, the scrivener’s error in Resolution R-91-841 is not an issue affecting the review of the DOA or Type 1 Restaurant requests. The legal descriptions in R-91-841 will be verified and corrected at the BCC hearing as a separate agenda item. The relocated requested use for the Day Care complies with current Code and previous conditions of approval that are carried forward with the application. Condition F.2 has been deleted because current Code requires 5 drop-off spaces for the Day Care, an increase over the previously conditioned 3 drop-off spaces. Condition F.3 is no longer applicable. The previously approved requested use for a Recreational Facilities and Club, which is reduced in intensity by deleting 4,596 square feet and the baseball activity area, remains in the same general location at the northeast corner of the site. However, the use is now known as an Assembly Non-Profit Institutional use in the current ULDC use matrix. 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.

Use Limitations 14 as amended for the affected area carries forward the restriction on the hours of operation from 6:00 AM to 10:00 PM, which is 1 hour earlier than permitted by current Code for commercial uses within 250 feet of residential. Thus, previous condition V.2 is deleted because the condition was less restrictive than current Code for hours of operation of commercial uses within 250 feet of residential. Conditions regarding outdoor lighting and noise in the affected area (V.3, Q.2, and



Q.3) are also amended/deleted because the previous conditions are now less restrictive than Code (See Art. 5.E.4 Nuisances) and the affected area is vacant. 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 proposed elevations of the new Type 1 Restaurant are compatible with and enhance the existing buildings. The proposed outdoor seating area at the Type 1 Restaurant includes a trellis feature and paver walkway to help promote a pedestrian friendly atmosphere. The drive thru menu board is oriented away from residential to the east. Access to all buildings within the affected area will be provided via the existing rear drive aisle. In addition to current Code requirements, Landscaping is upgrading within the affected area by conditions of approval that are carried forward with the amendment request. Shade trees in the outdoor play area are increased, additional trees are provided along the east side of the drive aisle. The height of outdoor lighting within 200 feet of residential is limited to 15 feet. 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.

The site is cleared and the property is not located within a Wellfield Protection Zone per Environmental Resources Management (ERM). ERM has found that there are no significant environmental issues associated with this application beyond compliance with ULDC requirements. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern. The requests do not affect the existing development pattern in the vicinity. Lee Square is approximately 85 percent constructed. The northeast and east portion of the site remained unbuilt. The previously approved Day Care is relocated more internal to the site and away from the 108-foot wide right-of-way. Two Type 1 Restaurants with drive-thrus exist in the vicinity (Burger King, McDonalds); and, the proposed new Type 1 Restaurant (Chick-fil-A) complies with the separation criteria. 7. Consistency with Neighborhood Plans – The proposed development or amendment is

consistent with applicable neighborhood plans in accordance with BCC policy. The request is located within a Redevelopment, Revitalization and Infill Overlay (RRIO) as well as the Lee Crossing/Homes of Lantana Countywide Community Revitalization Team (CCRT) area. The Office of Community Development (OCR) has not identified any issues or concerns for the request but advised the applicant to contact the neighboring Homeowners Associations (HOAs) to discuss the proposed request. The applicant has indicated that the Lee’s Crossing Homeowners’ Association (HOA) and the Brentwood HOA were contacted regarding this project and both HOA’s expressed support for the Chick-fil-A restaurant. 8. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency. Concurrency has been approved for the Development Order Amendment to allow 343,795 square feet to include: General Retail Sales, Financial Institution, Type I Restaurants (including the current requested use), Type II Restaurants, Convenience Store with Gas Sales (5 pumps; 10 Vehicle Fueling Positions) and Carwash, Assembly Non-Profit, General Day Care (100 children). 9. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification. The applicant indicates that since the uses within the affected area were approved, market demands have changed. The applicant indicates that the reconfigured site layout and new Type 1 Restaurant will more appropriately serve the community. The applicant indicates that the proposed Chick-fil-A restaurant will enhance what currently exists, upgrade the appearance of the overall shopping center



and enhance pedestrian curb appeal. The Type 1 Restaurant with as drive-thru as proposed on the southeast corner of the site fronting Lantana Road necessitates the relocation of the previously approved requested uses for the Daycare, General and the Assembly, Non-Profit Institutional. Thus, the entire area east and north of the rear drive aisle is requested to be reconfigured. Staff has evaluated the standards listed under Article 2.B.2.B 1-9 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 DOA 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 Exhibit C.



CONDITIONS OF APPROVAL EXHIBIT C-1 Development Order Amendment ALL PETITIONS 1. All Petitions 1 of Resolution R-98-8, Control No. 1981-186, which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolution R-93-399, Petition 81-186(D), 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) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R-98-8 (Control 1981-186), 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 (ULDC) and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. All Petitions 2 of Resolution R-98-8, Control No. 1981-186, 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 August 20, 1997. 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. (ONGOING: ZONING) Is hereby amended to read: The approved Preliminary Site Plan is dated February 14, 2011. Modifications to the development order inconsistent with the conditions of approval, or changes to the uses or site design beyond the authority of the DRO as established in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 3. All Petitions 3 of Resolution R-98-8, Control No. 1981-186, which currently states: The site plan shall be amended to indicate compliance with all minimum property development regulations and land development requirements of Palm Beach County. (Previously Condition A.2 of Resolution R-93-399, Petition 81-186(D)) Is hereby deleted. REASON: No longer applicable. 4. All Petitions 4 of Resolution R-98-8, Control No. 1981-186, which currently states: Development of the site is limited to the uses and site design shown on the site plan approved by the Board of County Commissioners (Exhibit No. 64) unless the proposed use or design changes are permitted pursuant to Section 402.7(E)2(b) (Site Plan Review Committee Powers and Standards of Review) and/or required by conditions of approval. (Previously Condition A.3 of Resolution R-93-399, Petition 81-186(D)) Is hereby deleted. REASON: No longer applicable pursuant to amended All Petitions 2. 5. All Petitions 5 of Resolution R-98-8, Control No. 1981-186, which currently states:



The petitioner shall submit an application to the Development Review Committee for the certification of a revised site plan for this petition prior to October 1, 1993. (Previously Condition A.4 of Resolution R-93-399, Petition 81-186(D)) Is hereby deleted. Reason: No longer applicable. 6. Use Limitation 4 of Resolution R-98-8, Control No. 1981-186, which currently states: Use of the large scale building supply facility shall be limited to this specific use only. Is hereby deleted. REASON: See All Petitions 2 and a Building Supplies Use is a Requested Use. A change in use to Retail Sales, General or another permitted use would reduce the nonconformity. ARCHITECTURAL REVIEW 1. Condition C.5 of Resolution R-98-8, Control No. 1981-186, which currently states: All mechanical equipment in the CSH zoned portion of the subject property shall be roof mounted and screened from view on all sides in a manner consistent with the color and character of the principle structure. All mechanical equipment associated with the main retail center in the CG zoned portion of the subject property only shall be roof mounted and screened from view and/or painted on all sides in a manner consistent with the color and character of the principle structure. All mechanical equipment associated with the five (5) out parcels in the CG zoned portion of the subject property shall be roof mounted and screened from view on all sides in a manner consistent with the color and character of the principle structure. Is hereby amended to read: All mechanical equipment for buildings in the portion of the site lying north and east of the rear drive aisle and all outparcels shall be roof mounted and screened from view on all sides in a manner consistent with the color and character of the principle structure. All mechanical equipment associated with the main retail center (Buildings A - G) shall be roof mounted and screened from view and/or painted on all sides in a manner consistent with the color and character of the principle structure. (BLDG PERMIT: ARCH REV - Arch Rev) 2. All structures shall have a similar architectural treatment on all sides. (BLDG PERMIT: ARCH REV - Arch Rev) (Previous Condition C.6 of Resolution R-98-8, Control No. 1981-186) 3. The maximum height, from grade to roof line, for all structures shall not exceed thirty-five (35) feet. (DRO: ARCH REV-Arch Rev) (Previous Condition C.4 of Resolution R-98-8, Control No. 1981-186) ARCHITECTURAL REVIEW-ARCHITECTURAL FOCAL POINT 4. Prior to site plan certification, the site plan shall be amended to indicate typical tree planter details, subject to approval by the Zoning Division, for Conditions K.1. and K.2. (DRO: ZONING-Arch Rev) (Previous Condition K.6 of Resolution R-98-8, Control No. 81-186) [Note: COMPLETED] DRO 1. Condition C.11 of Resolution R-98-8, Control No. 1981-186, which currently states: Development shall be limited to Phase I as shown on the approved site plan until additional commitments for utility capacity are submitted to the Health Department. Is hereby deleted. REASON: No longer applicable 2. Condition C.12 of Resolution R-98-8, Control No. 1981-186, which currently states:



Total gross floor area shall be limited to a maximum of 369,073 square feet. Additional square feet may be allowed in accordance with Zoning Code Section 402.7. Is hereby deleted. REASON: No longer applicable. 3. Condition R.1 of Resolution R-98-8, Control No. 1981-186), which currently states: A maximum of 1,846 parking spaces shall be permitted on site. Is hereby deleted. REASON: No longer applicable per PDD parking range Art. 3.E.1.C.2.h.2)a)(1). 4. Condition R.2 of Resolution R-98-8, Control No. 1981-186), which currently states: Prior to site plan certification, the tabular data on the site plan shall be amended to indicate the total number of loading spaces required for the entire PCD. All required loading spaces for each use shall be clearly indicated on the site plan. Is hereby deleted. REASON: No longer applicable. 5. Condition R.5 of Resolution R-98-8, Control No. 1981-186), which currently states: Prior to Site Plan Certification, vehicular access to the east from Oak Royal Drive shall be deleted from the site plan. Is hereby deleted. REASON: No longer applicable. 6. Condition T.3 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to Site Plan certification, the petitioner shall submit a Master Sign Program which specifies sign location, sign dimensions, unified color, unified graphics and conformance to all sign related conditions of approval. Is hereby deleted. REASON: Code requirement. 7. Concurrency 1 of Resolution R-98-8, Control No. 1981-186, which currently states: This project has a Concurrency Exemption for 331,900 square feet of retail use. The petitioner has secured a Concurrency Equivalency Determination showing that the uses and increased square footage included in this petition generate the same or lower impacts as were included on the Certificate for Concurrency Exemption. This Concurrency Equivalency Determination has been approved by the Director of Planning, Dennis Foltz, to allow an additional 37,900 square feet to be added to this site for use as a large scale building supply store (with garden center) ONLY. This square footage may not be converted for any other use, other than a large scale building supply store. If it is not used for this purpose, the site plan must be modified to show the reduction of 37,900 square feet. Is hereby deleted. REASON: Per the approved Traffic Impact Analysis dated October 4, 2010 and revised December 22, 2210, the site is vested with 248,954 square feet of retail, a 2,540 square foot fast food restaurant with a drive-thru, a 10 fueling position gas station with a car wash and a 736 square foot convenience store, which have all be in operation for 5 or more years. DRO-AUTO SERVICE STATION (NO- REPAIR) 8. Condition B.2 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to site plan certification, the site plan shall be amended to indicate the location of the car wash facility. [Note: COMPLETED] Is hereby deleted. REASON: No longer applicable. 9. Condition B.3 of Resolution R-98-8, Control No. 1981-186, which currently states:



Prior to site plan certification, the site plan shall be amended to indicate the location of a receptacle for the storage and disposal of trash and garbage (i.e. dumpster) adjacent to the auto service station. Is hereby deleted. Reason: No longer applicable. DRO 10. Condition J.3 of Resolution R-98-8, Control 1981-186, which currently states: Prior to site plan certification, the landscape tabular data on the site plan shall be revised to reflect conformance to minimum Landscape Code requirements and all landscape conditions. Is hereby deleted. REASON: No longer applicable. ENGINEERING 1. Previous Condition E.2 of Resolution R-98-8, Control No. 1981-186, which currently states: Install signalization, when warranted as determined by the County Engineer, at the project's east turnout and Lantana Road, but in no event shall it be later than five (5) years from the issuance of the last certificate of occupancy. (ONGOING: ENGINEERING - Eng) Is hereby amended to read: Prior to the issuance of the next Certificate of Occupancy or within six (6) months of receipt of notice by the County Engineer stating that the signal is warranted, whichever shall first occur, the Property Owner shall permit, fund, install and have operational the traffic signal at Lantana Road and the Project's eastern driveway. Signalization shall be a span wire installation and shall include the following median modifications on Lantana Road: i. Extend the west approach left turn lane on Lantana Road at the project's eastern driveway to a minimum of 280 feet in storage length and a taper length of 50 feet or as approved by the County Engineer; ii. Close the east approach left turn lane on Lantana Road at the western driveway for Pinewood Square; and iii. Extend the east approach dual left turn lanes on Lantana Road at Jog Road to a minimum of 450 feet in storage length and a taper length of 100 feet or as approved by the County Engineer. The cost of signalization and associated median modifications shall be paid by the Property Owner and shall also include all design costs and any required utility relocation and right of way or easement acquisition. The costs associated with extending the east approach dual left turn lanes on Lantana Road at Jog Road shall be creditable against road impact fees. (ONGOING/CO: MONITORING-Eng) 2. Previous Condition E.4. of Resolution R-98-8, Control No. 1981-186, which currently states: The Developer shall provide discharge control and treatment for the storm-water runoff in accordance with all applicable agency requirements in effect at the time of the permit application. However, at a minimum, this development shall retain on-site the storm-water runoff generated by a three (3) year-one (1) hour storm with a total rainfall of 3 inches as required by the Permit Section, Land Development Division. In the event that the subject site abuts a Department of Transportation maintained roadway, concurrent approval from the Florida Department of Transportation will also be required. The drainage system shall be maintained in an acceptable condition as approved by the County Engineer. In the event that the drainage system is not adequately maintained as determined by the County Engineer, this matter will be referred to the Code Enforcement Board for enforcement. Is hereby deleted. [Reason: Drainage is a Code Requirement.] 3. The Developer shall design the drainage system such that drainage from those areas which may contain hazardous or undesirable waste shall be separate from storm-water runoff from the remainder of the site. (ONGOING: ENGINEERING - Eng) (Previous Condition E.5. of Resolution R-98-8, Control No. 1981-186)



4. Prior to August 1, 1991, or prior to the issuance of the first Building Permit, whichever shall first occur, the property owner shall convey to Palm Beach County Roadway Production Division by road right-of-way warranty deed for the construction of a right turn lane on: a. Jog Road and the project's main entrance 700 feet north of Lantana Road; b. Lantana Road at the project's main entrance 400 feet east of Jog Road. This right of way shall be a minimum of 150 feet in storage length, twelve feet in width and a taper length of 180 feet. (DATE/BLDG PERMIT: MONITORING - Eng) (Previous Condition E.6. of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 5. The Property owner shall construct a right turn lane on Jog Road and the project's main entrance and on Lantana Road at the project's main entrance concurrent with on-site paving and drainage improvements. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING - Eng) (Previous Condition E.7. of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 6. The property owner shall pay a Fair Share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance” as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project at the time of the Building Permit presently is $592,295.00 (10,769 trips X $55.00 per trip). Credit for previous road work done by the developer for his participation in the Jog Road/Lantana Road improvements shall be considered and approved as determined by the County Engineer. (ONGOING: ENGINEERING - Eng) (Previous Condition E.8 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 7. Prior to issuance of any building permits, developer shall provide to County a boundary plat, including all access points, present and future, for said parcel and referencing the Unity of Control Covenants. All review of site plans and/or master plan shall be through the Site Plan Review Committee. (BLDG PERMIT: MONITORING -Eng) (Previous Condition E.9 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 8. Previous Condition E.10 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to the issuance of a building permit for the main center, the property owner shall convey one (1) pedestrian access easement along the east property line between this parcel and Lee's Crossing PUD. The exact location of this pedestrian access easement shall be approved by the County Engineer and shown on the approved site plan. The property owner shall complete the construction of all pathways from this proposed Planned Commercial Development to the east prior to the issuance of a Certificate of Occupancy for the main center. (BLDG PERMIT: MONITORING - Eng) [Note: COMPLETED] Is hereby deleted. [Reason: To allow the property owner to remove the existing pedestrian access that has become a safety issue.] 9. Detailed signing and striping plans shall be approved by the Traffic Division prior to the issuance of a building permit for the main center. (ONGOING: ENGINEERING Eng) (Previous Condition E.11 of Resolution R-98-8 Control No. 1981-186) 10. Prior to site plan certification, the applicant shall amend the site plan to indicate the new location of the median break on Jog Road. The location and construction date shall be approved by Engineering. (DRO: ENGINEERING - Eng) (Previous Condition E.12 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 11. LANDSCAPE WITHIN MEDIAN The property owner shall contribute $34,000 (Thirty-four Thousand Dollars) to Palm Beach County for the landscaping and maintenance of the medians on Jog Road and Lantana Road adjacent to this



site. The $17,000 (Seventeen Thousand) presently held in escrow will be released to the County prior to January 1, 1998. The remaining $17,000 shall be paid to the County over a four year period according to the following schedule: 1. $4,250 (Four Thousand Two Hundred Fifty Dollars) to be paid to the Land Development Division yearly prior to December 1, 1999, 2000, 2001 and 2002. [Note: COMPLETED] OR 2. A total of $8,500 (Eight Thousand Five Hundred Dollars) (taking into account prior payments referred to in paragraph #1 above) shall be paid to the County prior to the issuance of a building permit for each of the two outparcels fronting on Jog Road. (DATE: MONITORING - Eng) (Previous Condition P.1 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED ITEM 1] 12. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, 2015. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING-Eng) 13. Prior to final site plan approval by the DRO, the property owner shall have the existing 6' pedestrian easement created in ORB7197/PG1783 released and removed from the site plan. (DRO: ENGINEERING - Eng) ENVIRONMENTAL 1. Secondary containment for stored Regulated Substances -fuels, oils, solvents, or other hazardous chemicals - is required. Environmental Resources Management Department staff shall provide guidance on appropriate protective measures. (ONGOING: ERM-ERM) (Previous Condition G.1 of Resolution R-98-8, Control No. 1981-186) 2. Plans for underground storage tanks must be signed off by the Department of Environmental Resources Management prior to installation. The petitioner shall perform all necessary preventative measures to reduce the chances of contamination of the groundwater. Double walled tanks and piping with corrosion protection or their equivalent shall be a part of those measures. (ONOING: ERM-ERM) (Previous Condition G.2 of Resolution R-98-8, Control No. 1981-186) HEALTH 1. Previous conditon H 1 of Resolution r-98-8; Control 1981-186 which reads: Generation and diposal of hazardous effluents into sanitary sewerage system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Regulation (FDER) and Agency responsible for sewage works are constructeD and used by project tenants or owners generating such effluents. (ONGOING: HEALTH -Health) Is hereby amended to read; Operators and owners of facilities generating toxic, hazardous, or industrial wastes shall not deposit or cause to be deposited any such wastes into the sanitary sewer system unless adaquate pretreatment facilities approved by the Florida Department of Environmental Protection (FDEP), the Palm Beach County Health Department, and the agency responsible for sewage works is used. (ONGOING: HEALTH- Health) 2. Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site. (ONGOING: HEALTH- Health) (Previous condition Health 2. of Resoulution R98-8; Control 1981-186)



3. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (ONGOING: HEALTH-Health) (Previous condition Health 3. of Resoulution R-98-8; Control 1981-186) 4. The owner, occupant or tenant of the facility shall participate in an oil recycling program which insures proper re-use or disposal of waste oil. (ONGOING: HEALTH-Health) (Previous conditon Health 4 of Resolution R-98-8; Control 1981-186) 5. Previous conditon Health 5. of Resolution R-98-8: Control 1981-186) which reads: No portion of this project is to be approved on well and/or septic tank, existing or new. Existing soptic tanks are to be abandoned in accordance with Chapter 10D-6, F.A.C. (ONGOING: HEALTH-Health) Is hereby DELETED: REASON- Code Requirement LANDSCAPE - GENERAL 1. Prior to site plan certification, the petitioner shall submit a Landscape Master Plan for review and approval by the Zoning Division. The Landscape Master Plan shall demonstrate conformance to all Landscape Code requirements and conditions of approval. (DRO: ZONING-Zoning) (Previous Condition J.2 of Resolution R-98-8, Control No. 1981-186) [NOTE: COMPLETED for the perimeter buffers and the portion of the site south and west of the rear drive aisle.] LANDSCAPE - INTERIOR-PARKING AREA SOUTH AND WEST OF THE REAR DRIVE AISLE ONLY 2. One landscape island, planted with a minimum of one native canopy trees or two native palm trees, and appropriate ground cover, shall be provided for every twelve (12) parking spaces utilizing 90 degree angle parking dimensions. (Previous Condition K.1 of Resolution R-98-8, Control 1981-186) [NOTE: COMPLETED.] 3. Landscaped divider medians shall be provided between abutting rows of parking spaces utilizing 60 degree angle parking dimensions. The minimum width of this median shall be five (5) feet. One native canopy tree or two native palm trees, and appropriate ground cover, shall be planted for each thirty (30) linear feet of the divider median, with a maximum spacing of sixty (60) feet on center. (ONGOING: ZONING - Landscaping) (Previous Condition K.2 of Resolution R-98-8, Control No. 1981-186) [NOTE: COMPLETED.] 4. Landscaped terminal islands shall be provided for all rows of parking. (ONGOING: ZONING-Landscaping) (Previous Condition K.3 of Resolution R-98-8, Control No. 1981-186) 5. Fifty percent (50%) of all trees within the interior parking area shall be twelve (12) feet in height or greater. The remaining fifty percent (50%) shall be ten (10) feet in height or greater. (ONGOING: ZONING-Landscaping) (Previous Condition K.4 of Resolution R-98-8, Control No. 1981-186) 6. Seventy-five percent (75%) of all trees within the interior parking area shall be shade trees. (ONGOING: ZONING-Landscaping) (Previous Condition K.5 of Resolution R-98-8, Control No. 1981-186) LANDSCAPE - INTERIOR-BUILDING A 7. Prior to site plan certification, the applicant shall amend the site plan to indicate a three foot wide landscape strip behind the large scale building supply store. The length of this strip shall be the linear distance between the compactor and loading area behind the store. This landscape strip shall include: a. Thirty-six (36) inch high wax myrtles spaced no more than twenty four (24) inches on center, to be maintained at a minimum height of forty-eight (48) inches. (DRO: ZONING-Zoning) (Previous Condition K.8 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] LANDSCAPE - INTERIOR-AUTO SERVICE STATION (NO REPAIR) OUTPARCEL 8. A minimum of fifteen percent (15%) of the gross paved area of the gas station out-parcel shall be devoted to interior landscaping. If the landscaped area is moved to the perimeter of the out-parcel, it shall be designed as an integral part of the adjacent landscape buffers. In addition, one (1)



native canopy tree shall be planted in the adjacent interior landscape areas for each 250 square feet of paved vehicular use area. (ONOING: LANDSCAPING-Landscaping) (Previous Condition B.7 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED.] LANDSCAPE - INTERIOR-REAR DRIVE AISLE DIVIDER MEADIANS 9. Condition K.7 of Resolution R-98-8, Control No. 1981-186, which currently states: Landscaping along both sides of the vehicular use drive separating the CSH and CG zoned portions of the property shall be upgraded to include twelve (12) foot tall native canopy trees planted twenty (20) feet on center and a continuous opaque hedge twenty-four (24) inches in height and planted twenty-four (24) inches on center. Is hereby amended to read: Landscaping along both sides of the rear drive aisle shall be upgraded to include twelve (12) foot tall native canopy trees planted twenty (20) feet on center and a continuous opaque hedge a. twenty-four (24) inches in height and planted twenty-four (24) inches on center on the south and west side (existing Phase 1); and b. thirty-six (36) inches in height and a maximum spacing of thirty (30) inches with appropriate ground cover on the north and east side of the drive aisle (affected area). (BLDG PERMIT: LANDSCAPING-Landscaping) LANDSCAPE - INTERIOR-PREVIOUS PEDESTRIAN ACCESS FROM LEE'S CROSSING PUD 10. Prior to final approval by the Development Review Officer (DRO), the property owner shall apply for a building permit to close the existing wall opening in the east perimeter buffer and restore the wall and buffer plantings pursuant to the release of easement previously granted in ORB7197/PG1783. (DRO: ZONING - Zoning) LANDSCAPE - PERIMETER 11. A twenty five (25) foot landscaped buffer strip shall surround the entire perimeter of the subject property. (Previous Condition J.1. of Resolution R-98-8, Control No. 1981-186) LANDSCAPE - PERIMETER-LANDSCAPING AND BUFFERING ALONG NORTH PROPERTY LINE (ABUTTING RESIDENTIAL) 12. Condition L.1 of Resolution R-98-8, Control No. 1981-186, which currently states: Landscaping and buffering along the north property line shall be installed prior to: a. Issuance of a building permit for any building in the CSH zoned portion of the site, or b. Issuance of a certificate of occupancy (C.O.) for any building in the CG zoned portion or Phase I of the site. Is hereby amended to read: Prior to the issuance of a Building Permit for Building K, L or M, whichever shall first occur, the approved Landscape Plan dated November 20, 1992 for the east approximately 740 feet of the north perimeter buffer shall be amended to replace prohibited plant species with non-prohibited plant species. All plant materials in the north perimeter buffer shall be installed prior to the commencement of construction activities for Buildings K, L, or M whichever shall first occur. (BLDG PERMIT: LANDSCAPE-Landscape) 13. Buffering shall include a six (6) foot high concrete wall, painted on both sides a color consistent with the shopping center. (Previous Condition L.2 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 14. The following landscape requirements shall be installed on the exterior side of the buffer: a. Native canopy trees spaced no more than twenty (20) feet on center. The minimum height of these trees shall be as follows: 1) Fifty percent (50%) - fourteen (14) feet. 2) Twenty-five percent (25%) - twelve (12) feet. 3) Twenty-five percent (25%) - ten (10) feet.



b. One twelve (12) foot tall native palm tree for each thirty (30) linear feet. c. Thirty-six (36) inch high shrubs or hedge material spaced no more than twenty four (24) inches on center. (BLDG PERMIT: LANDSCAPE-Landscape) (Previous Condition L.3 of Resolution R-98-8, Control No. 1981-186) 15. Thirty-six (36) inch high shrubs or hedge material, spaced no more than twenty four (24) inches on center, shall be installed on the interior side of the required buffer. (Previous Condition L.4 of Resolution R-98-8, Control No. 1981-186) LANDSCAPE - PERIMETER-LANDSCAPING ALONG SOUTH PROPERTY LINE (ABUTTING LANTANA ROAD) 16. Landscaping within the landscape buffer abutting Lantana Road shall be upgraded to include: a. Native canopy trees spaced an average of twenty (20) feet on center. The minimum height of these trees shall be as follows: 1) Fifty percent (50%) - fourteen (14) feet. 2) Twenty-five percent (25%) - twelve (12) feet. 3) Twenty-five percent (25%) - ten (10) feet. b. One twelve (12) foot tall native palm tree for each thirty (30) linear feet. c. Thirty-six (36) inch high shrubs or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-two (42) inches within eighteen months, or a minimum forty-two (42) inch high hedge/berm combination. (BLDG PERMIT: LANDSCAPE-Landscape) (Previous Condition M.1 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED.] LANDSCAPE - PERIMETER-LANDSCAPING AND BUFFERING ALONG EAST PROPERTY LINE (ABUTTING RESIDENTIAL) 17. Condition N.1 of Resolution R-98-8, Control No. 1981-186, which currently states: Landscaping and buffering along the east property line shall be installed prior to: a. Issuance of a building permit for any building in the CSH zoned portion of the site, or b. Issuance of a certificate of occupancy (C.O.) for any building in the CG zoned portion or Phase I of the site. Is hereby amended to read: Prior to the issuance of a building permit for any building lying in the portion of the site north or east of the rear drive aisle, landscaping and buffering along the east property line shall be installed in accordance with the Alternative Landscape Plan approved on March 14, 2007 and an approved phasing plan. (BLDG PERMIT: LANDSCAPE-Landscape) 18. Buffering shall include a six (6) foot high concrete wall painted on both sides a color consistent with the shopping center. (BLDG PERMIT: LANDSCAPE-Landscape) (Previous Condition N.2 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED] 19. The following landscape requirements shall be installed on the exterior side of the buffer: a. Native canopy trees spaced no more than twenty (20) feet on center. The minimum height of these trees shall be as follows: 1) Fifty percent (50%) - fourteen (14) feet. 2) Twenty-five percent (25%) - twelve (12) feet. 3) Twenty-five percent (25%) - ten (10) feet. b. One twelve (12) foot tall native palm tree for each thirty(30) linear feet. c. Thirty-six (36) inch high shrubs or hedge material spaced no more than twenty four (24) inches on center. (BLDG PERMIT: LANDSCAPE-Landscape) (Previous Condition N.3 of Resolution R-98-8, Control No. 1981-186) [COMPLETED - ALP dated March 14, 2007.] 20. Thirty-six (36) inch high shrubs or hedge material, spaced no more than twenty four (24) inches on center, shall be installed on the interior side of the required buffer. (BLDG PERMIT: LANDSCAPE-Landscape) (Previous Condition N.4 of Resolution R-98-8, Control No. 1981-186)



LANDSCAPE - PERIMETER-LANDSCAPING ALONG WEST PROPERTY LINE (ABUTTING JOG ROAD) 21. Landscaping within the landscape buffer along Jog Road shall be upgraded to include: a. Native canopy trees spaced an average of twenty (20) feet on center. The minimum height of these trees shall be as follows: 1) Fifty percent (50%) - fourteen (14) feet. 2) Twenty-five percent (25%) - twelve (12) feet. 3) Twenty-five percent (25%) - ten (10) feet. b. One twelve (12) foot tall native palm tree for each thirty (30) linear feet. c. Thirty-six (36) inch high shrubs or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-two (42) inches within eighteen months, or a minimum forty-two (42) inch high hedge/berm combination. (BLDG PERMIT: LANDSCAPE-Landscape) (Previous Condition O.1 of Resolution R-98-8, Control No. 1981-186) [Note: COMPLETED.] LIGHTING 1. All outdoor lighting used to illuminate the premises and identification signs shall be of low intensity, shielded and directed away from adjacent properties and streets. (BLDG PERMIT: BLDG - Bldg) (Previous Condition Q.1 of Resolution R-98-8, Control No. 1981-186) 2. Condition Q.2 of Resolution R-98-8, Control No. 1981-186, which currently states: Lighting fixtures within two hundred (200) feet of the north and east property lines (within the CSH zoned portion of the project) shall not exceed fifteen (15) feet in height. All other lighting on the site shall not exceed forty (40) feet in height. Is hereby amended to read: Lighting fixtures within the portion of the site lying north and east of the rear drive aisle and within two hundred (200) feet of the property boundary shall not exceed fifteen (15) feet in height In addition to ULDC requirements. (BLDG PERMIT: BLDG - Bldg) 3. Condition Q.3 of Resolution R-98-8, Control No. 1981-186, which currently states: All outdoor lighting for the recreation field and fraternal clubs shall be extinguished no later than 10:00 p.m. All other outdoor lighting within the CSH zoned portion of the project shall be extinguished no later than 2:00 a.m. Security lighting only is excluded from this requirement. Is hereby deleted. REASON: The CSH Zone is vacant and the recreation field is no longer proposed. Current ULDC requirements for Security Lighting and Time Restrictions are more restrictive. PARKING 1. All uses shall utilize shared parking and circulation arrangements acceptable to the Planning, Zoning and Building Department. Shared parking and cross access agreements which are acceptable to the County Attorney shall be recorded in the public record prior to site plan certification. (ONOING: ZONING-Zoning) (Previous Condition R.4 of Resolution R-98-8, Control No. 1981-186) [COMPLETED - ORB 6955, PG 1384] 2. Vehicle parking shall be limited to the parking areas designated on the approved site plan. No parking of vehicles shall be permitted in landscaped areas, right-of-way or interior drives. (ONING: ZONING-Zoning) (Previous Condition R.3 of Resolution R-98-8, Control No. 1981-186) 3. Overnight storage or parking of delivery vehicles or trucks shall not be permitted on site, except within the loading and delivery areas designated on the site plan. (ONGOING: ZONING-Zoning) (Previous Condition R.6 of Resolution R-98-8, Control No. 1981-186) PLANNED DEVELOPMENT 1. Prior to issuance of a building permit, the petitioner shall record a copy of a Restrictive Covenant in the public record indicating that all out-parcels, structures and uses within the PCD are



part of a single unified planned development, regardless of ownership. This covenant shall not be removed, altered, changed or amended without written approval from the County and shall be in a form acceptable to the County Attorney. (Previous Condition U.1 of Resolution R-98-8, Control No. 1981-186) [COMPLETED - ORB 6955, PG 1384] SIGNS 1. Condition T.2 of Resolution R-98-8, Control No. 1981-186, which currently states: Free standing signs fronting on Jog Road shall be limited as follows: a. Maximum sign height - twenty five (25) feet, measured from finished grade to highest point. b. Maximum pole height - ten (10) feet, measured from finished grade to lowest point of sign face. c. Maximum total sign face area - 666 square feet. d. Maximum number of signs - three (3). Is hereby deleted. REASON: Previously approved signs are vested per Art. 1.F.5, Nonconforming Site Element, building permits, and corresponding required tags. All new signs must comply with current ULDC requirements. 2. Condition T.1 of Resolution R-98-8, Control No. 1981-186, which currently states: Free standing signs fronting on Lantana Road shall be limited as follows: a. Maximum sign height - twenty five (25) feet, measured from finished grade to highest point. b. Maximum pole height - ten (10) feet, measured from finished grade to lowest point of sign face. c. Maximum total sign face area - 664 square feet. d. Maximum number of signs - three (3). Is hereby deleted. REASON: Previously approved signs are vested per Art. 1.F.5 Nonconforming Site Elements, building permits, and corresponding required tags. Any new sign must comply with current ULDC requirements. 3. Condition T.5 of Resolution R-98-8, Control No. 1981-186, which currently states: All other signs shall comply with the Palm Beach County Sign Code Ordinance 72-23, and shall indicate principle use only. Specifically, no snipe signs, banners, balloons, off premise, or other prohibited type of advertisement shall be permitted on site. Is hereby deleted. REASON: Previously approved signs are vested per Art. 1.F.5 Nonconforming Site Elements, building permits, and corresponding required tags. Any new sign must comply with current ULDC requirements. 4. Condition T.6 of Resolution R-98-8, Control No. 1981-186, which currently states: If, prior to the issuance of a building permit for the project, the Sign Code is amended to be more restrictive than the conditions of approval, the regulations of the amended Sign Code shall supersede the sign-related conditions of approval. Is hereby deleted. REASON: Previously approved signs are vested per Art. 1.F.5 Nonconforming Site Elements, building permits, and corresponding required tags. Any new sign must comply with current ULDC requirements. SITE DESIGN 1. Condition C.1 of Resolution R-98-8, Control No. 1981-186, which currently states: The minimum setback for all structures adjacent to residential areas shall be twenty five (25) feet. Is hereby deleted. REASON: Minimum setback from residential uses of 30 feet per ULDC Table 3.E.3.D is more restrictive.



2. Receptacles for the storage and disposal of trash, garbage or vegetation (i.e. dumpsters) shall not be located within seventy-five (75) feet of the north or east property lines. (DRO: ZONING-Zoning) (Previous Condition C.2 of Resolution R-98-8, Control No. 1981-186) 3. All areas or receptacles for the storage and disposal of trash, garbage or vegetation (dumpsters only) shall be screened by an enclosure constructed of brick, decorative concrete, other decorative masonry consistent with the architectural character of the development, or comparable wood or steel. The open end of the enclosure shall have an obscure opaque gate. All exterior sides, except the open end, shall be landscaped with thirty-six (36) inch high shrubs and hedges planted at two (2) foot intervals, or an alternative acceptable to the Zoning Director. This provision shall not apply to litter containers provided for the convenience of pedestrians. (DRO: ZONING-Zoning) (Previous Condition C.3 of Resolution R-98-8, Petition 1981-186) 4. Condition C.7 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to site plan certification, the site plan shall be amended to indicate pedestrian access to the shopping center from the east. Access shall be provided through the shopping center at a convenient location. Pathways across paved vehicular use areas shall be stripped and marked with an above grade sign. Sidewalks shall be installed within landscaped areas and adjacent to vehicular use areas where necessary. (DRO: ZONING-Zoning); and, Condition C.13 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to site plan certification, the petitioner shall amend the site plan to indicate: all phase lines; modification and improvement of the proposed pedestrian walkway path specifically delineated on the proposed site plan. The pedestrian walkway shall be a minimum of five (5) feet in width located adjacent to the south side of the food store, subject to Zoning and Engineering approval. (DRO: ZONING-Zoning) [Note: COMPLETED.] Are hereby amended to read: Prior to final approval by the Development Review Officer (DRO), the Preliminary Site Plan dated February 14, 2011 shall be revised to delete the pedestrian access point from Lee's Crossing PUD pursuant to the release of the existing pedestrian easement created in ORB7197/PG1783. (DRO: ZONING - Zoning) 5. Proposed loading zones shall be screened with wing walls and mechanical equipment shall be roof-mounted and screened with solid barriers. (DRO: ZONING-Zoning) (Previous Condition C.10 of Resolution R-98-8, Control No. 1981-186) 6. Prior to site plan certification, the site plan shall be amended to reflect the location of shopping cart storage and retrieval areas within the parking areas adjacent to the shopping center. (DRO: ZONING-Zoning) (Previous Condition C.8 of Resolution R-98-8, Control No. 1981-186) SOLID WASTE AUTHORITY 1. All property owners and/or lessee's's shall participate in recycling programs when available in the area. Material to be recycled shall include, but not be limited to, paper, plastic, metal and glass products. (ONGOING: SWA-SWA) (Previous Condition S.1 of Resolution R-98-8, Control No. 1981-186) USE LIMITATIONS-AUTO SERVICE STATION (NO REPAIR) 1. The convenience store shall be limited to a maximum of 750 square feet in total gross floor area. (ONGOING: ZONING-Zoning) (Previous Condition B.1 of Resolution R-98-8, Control No. 1981-186) 2. There shall be no repair or maintenance of vehicles on site. (ONGOING: ZONING-Zoing) (Previous Condition B.4 of Resolution R-98-8, Control No. 1981-186) 3. No outside storage of disassembled vehicles, or parts thereof, shall be permitted on site. (ONGOING: ZONING-Zoning)(Previous Condition B.5 of Resolution R-98-8, Control No. 1981-186)



4. Prior to site plan certification, the site plan shall be amended to indicate facilities for the provision of air and water for minor vehicle maintenance. The owner of the service station facility shall provide air and water for minor vehicle maintenance to the public at no charge. (ONGOING: CODE ENF-Code Enf) (Previous Condition B.6 of Resolution R-98-8, Control No. 1981-186) 8. The car wash facility shall utilize a 100% water recycling system. (ONGOING: CODE ENF - Building) (Previous Condition B.8 of Resolution R-98-8, Petition 1981-186) USE LIMITATIONS-DAY CARE CENTER 9. The day care center shall be limited to a maximum of 100 students and 5,000 square feet of floor area. (ONGOING: ZONING-Zoning) (Previous Condition F.1 of Resolution R-98-8, Control No. 1981-186) 10. Day Care Center F.2 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to site plan certification, the site plan shall be amended to indicate three (3) drop-off stalls in the adjacent parking area. Each stall shall be a minimum of twelve (12) feet in width by twenty (20) feet in length. Is hereby deleted. REASON: Code requirement is now 5 drop-off spaces. 11. Day Care Center F.3 of Resolution R-98-8, Control No. 1981-186, which currently states: Prior to site plan certification, the site plan shall be amended to indicate stripped cross walks between the day care facility and the parking area. All cross walks shall be marked with an above grade sign. Is hereby deleted. REASON: No Longer Applicable. 12. The outdoor activity area shall have a minimum area of 7,500 square feet and shall be screened by a six (6) foot high wood fence. The exterior side of the fence shall be landscaped with twelve (12) foot tall high native canopy trees planted no more than thirty (30) feet on center and thirty-six (36) inch high shrubs or hedge material planted twenty-four (24) inches on center. (CO: ZONING-Landscaping) (Previous Condition F.4 of Resolution R-98-8, Control No. 1981-186) 13. One twelve (12) foot high native canopy tree per seven-hundred fifty (750) square feet of outdoor activity area shall be provided. All trees required by this condition shall be planted within the interior of the outdoor activity area and in compliance with HRS requirements. (CO: LANDSCAPE-Landscape) (Previous Condition F.5 of Resolution R-98-8, Control No. 1981-186) USE LIMITATIONS-PORTION OF THE SITE LYING NORTH AND EAST OF THE REAR DRIVE AISLE 14. Condition V.1 of Resolution R-98-8, Control No. 1981-186, which currently states: No outdoor activities shall be allowed on the CSH zoned portion of the site, including deliveries and use of the baseball/activity area, prior to 6:00 a.m. nor continue later than 10:00 p.m. Is hereby amended to read: No outdoor activities shall be allowed on the portion of the site lying north and east of the rear drive aisle, including deliveries, prior to 6:00 a.m. nor continue later than 10:00 p.m. (ONGOING: CODE ENF - Code Enf.) 15. Condition V.2 of Resolution R-98-8, Control No. 1981-186, which currently states: No indoor activities shall be allowed within any structure in the CSH zoned portion of the site prior to 6:00 a.m. nor continue later than 1:00 a.m. Is hereby deleted. REASON: Current Code is more restrictive.



USE LIMITATIONS 16. Condition V.3 of Resolution R-98-8, Control No. 1981-186, which currently states: No outdoor loudspeaker system audible from the property lines shall be operated on the subject property between the hours of 8:00 p.m. and 8:00 a.m. Is hereby deleted. REASON: Current Code regulates Maximum Sound Levels in specific decibels received on residential properties from all sound sources. UTILITIES-IRRIGATION WATER USE 1. Condition I.1. of Resolution R-98-8, Control No. 1981-186, which currently states: When irrigation quality water is available within five-hundred (500) feet of the property, the petitioner shall connect to the system. The cost for connection shall be borne by the property owner. Is hereby deleted. REASON: No longer applicable. 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: MONITORING - 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 (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or 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 (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or 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: MONITORING - Zoning)



EXHIBIT C-2 Requested Use ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for Type I Restaurant shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) LANDSCAPE - PERIMETER-EAST PERIMETER LANDSCAPE BUFFER ABUTTING RESIDENTIAL 1. Prior to the issuance of the first building permit, all of the landscape materials within the east perimeter landscape buffer shall be installed to screen and buffer construction activity from the residents to the east. (BLDG PERMIT: LANDSCAPE-Landscape) 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: MONITORING - 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 (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or 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 (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or 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: MONITORING - Zoning)



EXHIBIT D: Disclosure



























Documents

PALM BEACH COUNTY PLANNING, ZONING AND ...2011/06/05 · BCC June 27, 2011 Page 10 Application No. DOA/R-2010-02573 BCC District 03 Control No. 1981-00186 Project No. 00598-001 PALM