PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: Z/CA Application Name: Trails Charter School Control No.: Applicant: MG3 ALF Military LLC Hernan Leonoff Owners: MG3 ALF Military LLC Agent: Miller Land Planning - Bradley D. Miller Telephone No.: (561) Project Manager: Joyce Lawrence, Site Planner II TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Agriculture Residential (AR) Zoning District to the Residential Multifamily (RM) Zoning District TITLE: a Class A Conditional Use REQUEST: to allow an Elementary or Secondary School (Charter) APPLICATION SUMMARY: Proposed is an Official Zoning Map Amendment and a Class A Conditional Use for the Trails Charter School development. The 7.46-acre development was last approved by the Board of County Commissioners (BCC) as part of a Large Scale Future Land Use (FLU) Amendment on August 21, The applicant is requesting a rezoning of the land from the Agriculture Residential (AR) Zoning District to the Residential Multi-family (RM) Zoning District and a Class A Conditional Use to construct an Elementary School (Charter). The Preliminary Site Plan indicates a 65,000 square foot (sq. ft.) building to accommodate 1,240 students. A total of 124 parking spaces will be provided, and one access point from Military Trail is proposed. SITE DATA: Location: Approximately 0.25 mile north of Hypoluxo Road on the east side of Military Trail. Property Control Number(s) ; ; ; Existing Land Use Designation: High Residential, 8 units per acre (HR-8) Proposed Land Use No change proposed Designation: Existing Zoning District: Agriculture Residential (AR) Proposed Zoning District: Residential Multifamily (RM) Acreage: 7.46 acres Tier: Urban/Suburban Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile City of Boynton Beach Future Annexation Area Town of Lantana RECOMMENDATION: Staff recommends approval of the requests, including a Conditional Overlay Zone (COZ), subject to 9 Conditions of Approval as indicated in Exhibit C-1; and 9 Conditions of Approval as indicated in Exhibit C-2. ACTION BY THE ZONING COMMISSION (ZC): September 16, The ZC made a motion to postpone the request to October 3, 2013 carried by a vote of 6-0. At the October 3, 2013 ZC hearing, this application was on the Consent Agenda. The applicant agreed to the Conditions of Approval, and the ZC recommended approval carried by a vote of 6-0. BCC October 24, 2013 Page 174

2 PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 2 responses, 1 in support, but also expressed concerns about the drainage and evening activities, and the second in opposition from the Coalition of Boynton West Residential Associations (COBWRA), Exhibit E, from the public regarding this project. PROJECT HISTORY: On August 21, 2008, the BCC adopted Ordinance , a Large Scale Amendment, known as Military/Hypoluxo Residential (Application LGA ). The amendment modified the land use of a acre site, from the Medium Residential 5 units per acre (MR-5) to the HR-8 FLU designation. The 7.46-acre subject property was part of this overall site in the amendment. SURROUNDING LAND USES: NORTH: FLU Designation: Medium Residential (MR-5) Zoning District: Agricultural Residential (AR) District Supporting: Vacant SOUTH: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Multiple Use Planned Development District (MUPD) Supporting: Vacant - approved for General Day Care and Type 3 Congregate Living Facility (Okean Office MUPD, Control No ) EAST: FLU Designation: High Residential (HR-8) Zoning District: Agricultural Residential (AR) District Supporting: Residential, Single family WEST: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: General Commercial (CG) District Supporting: Commercial - Indoor Entertainment (Bingo Hall, Control No ) WEST: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: General Commercial (CG) District Supporting: Commercial - Automotive/Office Warehouse (Royal Petroleum, Control No ) FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An 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 amendment is consistent with the Plan. The Planning Division has reviewed the proposed Zoning Map Amendment and has found no inconsistencies regarding the request and the HR-8 Land Use designation. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. The proposed request to rezone the subject parcel from the AR Zoning District to the RM Zoning District does not conflict with the Code and is consistent with the stated purpose and intent of the ULDC. The proposed rezoning will bring the site consistent with its land use. BCC October 24, 2013 Page 175

3 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The rezoning request is compatible and generally consistent with the non-residential and residential uses and zoning districts surrounding the subject parcel. The RM Zoning District is the appropriate district for the subject site. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. The proposed rezoning does not have an adverse impact on the natural environment. The site does not support significant amounts of native vegetation and no significant environmental issues are associated with this petition beyond compliance with ULDC requirements. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The proposed amendment will result in a logical, orderly, and timely development pattern. The proposed rezoning request will bring the site into consistency with the HR-8 FLU designation. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. The proposed rezoning complies with Article 2.F. of the ULDC, Concurrency (Adequate Public Facility Standards). 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The site is vacant. The applicant states in the Justification Statement that the proposed request to rezone the site is to maintain consistency of the proposed RM Zoning District with the HR- 8 Land Use designation to develop the proposed Elementary School (Charter). 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. Schools are considered an Institutional Use, and may be allowed in any FLU designation, per the FLU Element Policy a. The Floor Area Ratio (FAR) for both institutional and high density residential FLU designations in the Urban Suburban Tier is The maximum allowable square footage for the site is 146,230.9 sq. ft. (7.46 acres x 43,560 sq. ft. x 0.45 FAR = 146,230.9). The proposed FAR would equal 0.20 (65,000 square feet of building / 324,957.6 square feet of lot area = 0.20 FAR). The 7.42-acre site was subject of a larger acre privately initiated FLU Atlas Amendment known as the Military/Hypoluxo Residential (LGA ), Ordinance , which amended the land use from MR-5 to HR-8. A condition was applied to this amendment which stated: BCC October 24, 2013 Page 176

4 "The Preliminary Site Plan for this property shall clearly indicate cross access easements with the proposed commercial development to the south (Application LGA ) and a shared access road to Military Trail along the property line separating the two (2) developments. In addition, the road easement on the east of this property shall line up with the existing Nova Road easement." Planning staff is recommending Conditions of Approval to achieve the intent of the ordinance. To comply with the condition, the applicant has indicated on the Preliminary Site Plan two (2) locations for cross access. The first will be constructed and paved to the south property line on 67th Place South; the second location is on the eastern property line at 43rd Avenue South and will be constructed and paved to the property line. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The charter school is not located in any Special Overlay District or Planning Study Area. FINDINGS: The request is consistent with the HR/8 FLU designation of the Palm Beach County Comprehensive Plan. 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 proposed development is located a quarter of a mile north of Hypoluxo Road with Commercial uses approved to the south and west. The proposed Zoning District is a higher more intense residential district and the civic use, an appropriate transitional use between commercial and residential uses. The Elementary School (Charter) complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The Preliminary Site Plan meets or exceeds minimum Code requirements for the property development regulations, landscape buffer requirements, layout and function, and is in compliance with other sections of the Code. However, it is important to note that Engineering Conditions require the Property Owner to obtain a Right-of-Way Permit from the County Engineering Department, Permit Section, for a driveway connection, median relocation, turn lane modification, and traffic signal installation on Military Trail at the entrance of the proposed Charter School. The Property Owner is aware that these improvements require and are contingent upon coordination from the Property Owner across Military Trail which currently operates a Bingo Hall. Staff can not provide conditions for a property that is off site. The County Engineering Division has advised the applicant that failure to obtain this coordination may result in denial of the Right-of-Way permit application. 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 proposed use will be compatible and generally consistent with the uses and character of the area surrounding and in the vicinity of land proposed for development. Landscape buffers are provided around the perimeter of the property to include a 15-foot wide Incompatible buffer along the north property line and 15 and 20-foot wide right-of-way buffers along the south, east and west property lines. In addition, to the layout and function of the site, landscape buffers will reduce any negative impact to the adjacent and surrounding properties. 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 building will be located towards the center of the site with circulation on all four sides. The design of the proposed use minimizes adverse effects, including visual impact and intensity of BCC October 24, 2013 Page 177

5 the proposed use on adjacent lands. Subject to the Conditions of Approval, the proposed site design should not have adverse impacts on the adjacent parcels of land. 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 property is presently an agricultural operation and does not support significant amounts of native vegetation. 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 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 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 site is surrounded by mixed uses of single family residences and the commercial properties. the proposed development will create a transition between these uses. The proposed amendment will result in a logical, orderly, and timely development pattern. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: Prior to issuance of the first building permit the property owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the issuance of a Building Permit. The Property Owner shall obtain a Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for a driveway connection, median relocation, turn lane modification, and traffic signal installation in Military Trail at the project's entrance. The Property Owner is aware that these improvements require and are contingent upon coordination from the Property Owner across Military Trail. Failure to obtain this coordination may result in denial of the Right of Way permit application. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis. FIRE PROTECTION: No Staff Review Analysis. SCHOOL IMPACTS: No Staff Review Analysis. PARKS AND RECREATION: No Staff Review Analysis. CONCURRENCY: Concurrency has been approved for a 65,000 square feet building with 1,240 students. The proposed use complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facilities Standards). 8. Changed Conditions or Circumstances There are demonstrated changed conditions or BCC October 24, 2013 Page 178

6 circumstances that necessitate a modification. On August 21, 2008, the BCC approved the FLU Amendment for a acre parcel of land, (Military/Hypoluxo Residential, LGA ) which included the subject site. The FLU was changed from MR-5 to HR-8 and the concurrent rezoning will provide consistency with the FLU designation. A Public or Charter School is permitted in all Residential Zoning Districts subject to a Class A Conditional use request. The applicant states in the Justification Statement the proposed use will provide an alternative option for elementary education to the residents within and outside of the area. BCC October 24, 2013 Page 179

7 CONDITIONS OF APPROVAL EXHIBIT C-1 Official Zoning Map Amendment ENGINEERING 1. Prior to issuance of the first building permit the property owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) 2. The Property Owner shall install a traffic signal at the intersection of Military Trail and the project's entrance: a. Prior to issuance of the first building permit, the Property Owner shall obtain permits for this signal, as approved by the County Engineer. Signalization shall be a mast arm structure installation. The cost of signalization 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. (BLDG PERMIT: MONITORING - Eng) b. Prior to issuance of the first Certificate of Occupancy, the Property Owner shall fund, install and have operational this traffic signal. (CO: MONITORING-Eng) 3. Prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first, the Property Owner shall provide to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of a right turn lane on Military Trail at the project's entrance drive. This right of way shall be a minimum of 280 feet in storage length, a minimum of twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. The right of way should be continued across the project entrance. This additional right of way shall be free of all encumbrances and encroachments and shall include a Corner Clip at the private driveway for 67th Place South, as determined by the County Engineer. Property Owner 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, including a topographic survey. The Property Owner must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Property Owner, the Property Owner agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney's fees as well as the actual cost of the clean up. The Property Owner shall not record the required right of way or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents (BLDG PERMIT/ONGOING: MONITORING-Eng) 4. The Property Owner shall construct a right turn lane, south approach on Military Trail at the project's access point. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the Property Owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way: A. Prior to the issuance of the first building permit, permits required from Palm Beach County for this construction shall be obtained. (BLDG PERMIT: MONITORING-Eng) B. Prior to the issuance of the first Certificate of Occupancy, construction shall be completed. (CO: MONITORING-Eng) 5. The Property Owner shall relocate the existing median opening and lengthen the south approach left turn lane in Military Trail at the project's access point to accommodate the proposed traffic signal, as required and approved by the County Engineer. This construction shall be concurrent with the signal installation. Any and all costs associated with the construction shall be BCC October 24, 2013 Page 180

8 paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. A. Prior to the issuance of the first Building Permit, permits required from Palm Beach County shall be obtained. (BLDG PERMIT: MONITORING-Eng) B. Prior to the issuance of the first Certificate of Occupancy, construction required in Condition 5.A shall be completed. (CO: MONITORING-Eng) 6. Prior to allowing secondary access onto 67th Place South or 43rd Avenue South, the Property Owner shall: A. Obtain approval from all easement beneficiaries and access owners. (ONGOING: ENGINEERING-Eng) B. Reserve additional area to allow for a minimum of 80 feet for 67th Place South and 43rd Avenue South, including corner clips where appropriate, or as otherwise approved by the County Engineer. (ONGOING: ENGINEERING-Eng) C. Construct 67th Place South and 43rd Avenue South to non-plan collector road standards from Military Trail to the proposed driveway entry(ies). This construction shall include, but not be limited to, 2-12 foot wide travel lanes, 2-2 foot paved shoulders, sidewalks, and drainage conveyance and retention/detention system, or as otherwise approved by the County Engineer. (ONGOING: ENGINEERING-Eng) 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; 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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC October 24, 2013 Page 181

9 EXHIBIT C-2 Conditional Use Class A ALL PETITIONS 1. The Preliminary Site Plan is dated July 11, 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) ARCHITECTURAL REVIEW 1. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the School shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC) and shall be generally consistent with the Architectural Elevations dated February 20, Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO: ZONING - Zoning) LIGHTING 1. All outdoor, freestanding lighting fixtures shall not exceed twenty five (25) feet in height measured from finished grade to highest point. Lighting utilized for the illumination of ball fields is excluded from this requirement. (BLDG PERMIT: BLDG - Zoning) 2. All outdoor lighting shall be extinguished no later than 10:00 p.m. excluding security lighting only. (ONGOING: CODE ENF - Zoning) PALM TRAN 1. Prior to Plat Recordation, the Property Owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran shall be required. PLAT:MONITORING -Palm Tran) PLANNING 1. Prior to the issuance of a certificate of occupancy, the property owner shall pave the cross access to the edge of the southern property line (67nd Place South), at the location shown on the site plan that reads "Proposed vehicular and pedestrian cross access to be paved to the southern property line for future cross access to the adjacent property subject to the agreement of the adjacent property owner." The cross access shall be designed and built in a manner that is acceptable to the County Attorney, the Planning Division, and the Traffic Division. (CO: MONITORING/County Attorney/Traffic-Planning) 2. Prior to the issuance of a certificate of occupancy, the property owner shall pave the cross access to the edge of the eastern property line (43rd Avenue South), at the location shown on the site plan that reads "Proposed vehicular and pedestrian cross access to be paved to the eastern property line for future cross access to the adjacent property subject to the agreement of the adjacent property owner." The cross access shall be designed and built in a manner that is acceptable to the County Attorney, the Planning Division, and the Traffic Division. (CO: MONITORING/County Attorney- Traffic/Planning) 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) BCC October 24, 2013 Page 182

10 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: MONITORING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC October 24, 2013 Page 183

11 Figure 1 Future Land Use Map BCC October 24, 2013 Page 184

12 Figure 2 Zoning Quad Map BCC October 24, 2013 Page 185

13 Figure 3 Aerial BCC October 24, 2013 Page 186

14 Figure 4 Preliminary Site Plan dated July 22, 2013 BCC October 24, 2013 Page 187

15 Figure 5 Preliminary Regulating Plan dated June 22, 2013 BCC October 24, 2013 Page 188

16 Figure 6 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 189

17 Figure 7 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 190

18 Figure 8 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 191

19 Figure 9 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 192

20 Figure 10 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 193

21 Figure 11 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 194

22 Figure 12 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 195

23 Figure 13 Preliminary Architectural Elevations dated February 20, 2013 BCC October 24, 2013 Page 196

24 Exhibit D: Disclosures BCC October 24, 2013 Page 197

25 BCC October 24, 2013 Page 198

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27 BCC October 24, 2013 Page 200

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33 Exhibit E: Coalition of Boynton West Residential Associations' Letter dated August 24, 2013 BCC October 24, 2013 Page 206