PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNNG, ZONNG AND BULDNG DEPARTMENT ZONNG DVSON Application No.: EAC Control No.: Applicant: Br Osprey Acquisition Llc Owners: Br Osprey Acquisition Llc Agent: JKM Developers - James S Gielda Telephone No.: (561) Project Manager: David McGuire, Site Planner Location: SE corner of Jog Road and Hypoluxo Road with frontage on Western Way. (Osprey Oaks Parcel #5) TTLE: an Expedited Application Consideration Request REQUEST: to delete Condition of Approval (Engineering) APPLCATON SUMMARY: Proposed is an Expedited Application Consideration (EAC) to delete a Condition of Approval (Engineering) in Resolution R which requires connection to the public sewer if available within one-half a mile. The 4.92 acre site was previously approved by the Board of County Commissioners (BCC) on January 5, 2006 for an Official Zoning Map Amendment to allow a rezoning of the site from the Agricultural Residential (AR) Zoning District to the Residential Transitional (RT) Zoning District with a Conditional Overlay Zone (COZ). The Final Subdivision Plan indicates 3 parcels, no changes to the Subdivision Plan are required. One (1) access point to the site will remain via Western Way. SSUES SUMMARY: o Project History Osprey Oaks Parcel #5 was approved by the BCC on January 5, 2006 for an Official Zoning Map Amendment to rezone the 4.92-acre parcel of land from the AR Zoning District to the RT Zoning District pursuant to Resolution No. R to allow for the development of 3 single family dwelling units. o Consistency with Comprehensive Plan The Planning Division has reviewed the request to delete Engineering Condition #3 which relates to the availability of public sewer. Staff has found the request to be consistent with the Land Use designation of the Comprehensive Plan. o Compatibility with Surrounding Land Uses NORTH: FLU Designation: Low Residential (LR-1) Zoning District: Residential Transitional District (RT) Supporting: Vacant (Control No , Osprey Oaks #3) SOUTH: FLU Designation: Park and Recreation (PARK) Zoning District: Public Ownership District (PO) Supporting: Golf Course ( Control No N/A) EAST: BCC December 1, 2011 Page 170

2 FLU Designation: Low Residential (LR-1) Zoning District: Residential Transitional District (RT) Supporting: Single Family ( Control No , Kirkham Property) WEST: FLU Designation: Low Residential (LR-1) Zoning District: Agricultural Residential District (AR) Supporting: Single Family ( Control No N/A) The site is surrounded on all sides with Single Family Residential uses. The request to delete the Engineering Condition of Approval to eliminate the requirement for sewer will have minimal impact on the existing area. The BCC previously found the site to be compatible with the surrounding uses and Zoning Districts and the proposed change in use will not alter the compatibility of the site. o Traffic See Staff Review and Analysis for comments from the Engineering Department. o Landscape/Buffering and Signage No changes are proposed to the Landscaping or Signage with this request. o Conditions Modification Applicant s Request: REQUEST: The applicant is requesting an EAC to delete Condition Engineering 3 which currently states: 3. PUBLC SEWER CONNECTON Prior to plat recordation, the property owner shall provide information to the Land Development Division and Palm Beach County Health Department on the availability of public sewer to the site. f public sewer is available within ½ mile of this site, then no septic tank permits shall be issued and the site shall be required to connect to the public sewer. (BLDG. PERMT: MONTORNG-Eng) The surrounding area consists of large single-family lots served by public water and individual septic systems. Currently there is no sewer available within ½ mile of the subject property. The Applicant has obtained a letter to this effect from the Palm Beach County Water Utilities department which has been attached. n conjunction with the sewer availability letter obtained from Palm Beach County Water Utilities (PBCWUD), the Applicant has also obtained a letter of no objection from PBCWUD regarding the elimination of this condition. A copy of this letter has also been attached. Staff s Response: SUPPORT: The County Engineering Department approves of the request to delete the condition. Staff has evaluated the applicant s justification and response for each standard listed in Article 2.B.2.B, and has determined that there are no impacts or incompatibilities created by this request. BCC December 1, 2011 Page 171

3 TABULAR DATA EXSTNG PROPOSED Property Control Same Number(s) Land Use Designation: Low Residential (LR-1) Same Zoning District: Residential Transitional District Same (RT) Tier: Urban/Suburban Same Use: Single-Family Same Acreage: 4.92 acres Same Dwelling Units: 3 DU Same Density:.61 DU/AC Same Access: Western Way (1) Same PUBLC COMMENT SUMMARY: At the time of publication, staff had received no contacts from the public regarding this project. RECOMMENDATON: Staff recommends approval of the request subject to 11 Conditions of Approval as indicated in Exhibit C. MOTON: To adopt a resolution approving an Expedited Application Consideration request to delete an Engineering Condition of Approval subject to Conditions of Approval as indicated in Exhibit C. BCC December 1, 2011 Page 172

4 PALM BEACH COUNTY PLANNNG DVSON STE LOCATON AND LAND USE, :r=, '"',,, m LR_l ",,:(,,, G" ",i!!.,"eft : t\,, y LR_l LR_l ".i.'rcel EAC PARK :."~ STES....- EAC , EAC Application Number EAC , EAC Control Number 2005~ ~59 Land Use Atlas Page 2005~60, 2005~ Date t N Figure 1 Land Use Atlas Map BCC December 1, 2011 Page 173

5 Figure 2 Zoning Quad Map BCC December 1, 2011 Page 174

6 EAC ( ) O<prey Oaks Parcel #5 - Aerial Figure 3 Aerial BCC December 1, 2011 Page 175

7 BCC December 1, 2011 Page 176 Figure 4 Preliminary Subdivision Plan date October 11, 2011 STE DATA CONTROL NO.!PETTON NO PROJECT NO. EAC \ PROJECT NAME OSPREY OAKS PARCEL #S RESOLUTON NO. TBD NEGHBORHOOD PLAN COWBRA USES TYPE OWNERSHP TER LAND USE DESGNATON ZONNG DSTRCT TOWNSHP 45 P.C.N.# TAZ Bee APPROVAL DATE TOTAL STE AREA SlNOLE FAMLY RESDENTAL FEE SMPLE RANGE 42 TOTAL SNGLE FAMLY DWELLNG UNTS TOTAL STE DENSTY (3 D.U.l4.92 AC.) MAX. BULDNG HEGHT BULDNG COVERAGE TOTAL LOT AREA TOTAL R.O.W. AREA PERMETER BUFFERS AND EASEMENTS DRY RETENTON AREA URBAN/SUBURBAN LR-l RT SECTON TSD 4.92AC. 3D.V..61 DUlAC. 35'-0" MAX 300/0 3.01A.C.(61.17%).49AC.(9.96%).62 A.C. (12.61%).80AC.(16.26%) CONCURRENCY RESERVATON CHART* SlNGLE-F AML Y 3 UNTS * CONCURRENCY S APPROVED FOR THE ABOVE USES AND AMOUNTS SHOWN ON THS PLAN. LEGEND 15'R.O.W. 3UrrER(3) 20' D.E. AND L.M.A.E. PRVATE ROAD SNGLE FAMLY RESDENTAL Z: AR FLU: LR- 20' D.E. AND L.M.A.E. 5' COMPATBLTY BUFFER '" " ~ ~ ". ~ 1----t--12'O.E. iuit! 50' R.O.W. i ~gj it::,lj;j SNGLE FAMLY RESDENTAL Z: RT FLU: LR- MONUMENT WESTERN WAY 10' U.E. i SGNAGE 241' ;, ~i~i i' ~ OVERHEAD ii5~( ~ 'OWE.LlNES i~l~ ",,--- T.B.R. i~,z _~ i l 240' LOT 192' 43,701 SF. (1.00 AC.) j O'U.E., 170' 1 S 85 57'16" E 35.00' LOT 2 43,686 SF. (1.00AC) LOT 3 43,575 SF. (1.00 AC.) 12'D.E. 5' CO~~~~~~LTY if!, -20'D.E. DRY RETENTON.80AC. MAX4'DEPTH CHANCERY CASE NO / #3 (O.R.B. 6495, PG. 761, P.B.c.R.) PARK! GOLF COURSE LESSED OUT PORTON PER DESCRPTON z: PO 13.20'(C) FLU: PARK L.M.A.E. = LAKE MANTENANCE ACCESS EASEMENT ADT = AVERAGE DALY TRPS U.E. = UTLTY EASEMENT AC.= ACRES T.B.A. = TO BE ABANDONED P.L. = PROPERTY LNE T.B.R. = TO BE REMOVED R.O.W. = RlGHT OF WAY D.E. = DRANAGE EASEMENT NOTES. ALL CORNER CLPS TO BE 25' UNLESS OTHERWSE NOTED 2. ALL NTERSECTONS 90 DEGREES UNLESS OTHERWSE NOTED 3. ALL MPROVEMENTS WTHN 100' OF PERMETER PROPERTY LNE ARE SHOWN F N EXST ANCE 7.5'NCOMPATBLTY. BUFFER WOTH VARES 3i5'1 S89 06'06" E ' DRO CONDTONS OF APPROVAL i;j ;; "" '" '" ~ Z 5' COMPATBLTY BUFFER SNGLE FAMLY RESDENTAL P: R: Z: RT FLU: COZ 5' COMPATBLTY BUFFER 1. PER U.L.D.C. ARTCLE 5.D.2.B.5., N LEU OF PROVDNG RECREATONAL AMENTES ON STE THS PETTON S REQURED TO CONTRBUTE $2,832 PROR TO PLAT APPROVAL FOR THE ACQUSTON AND MPROVEMENT OF COMMUNTY OR NEGHBORHOOD PARKS WTHN A 5 MLE RADUS OF THS PETTON. (PLAT:PARKS * LAND DEVELOPMENT) RESDENTAL LANDSCAPE REQUREMENTS NTEROR VEGETATON TREES(MN50%'1ATVE) 1~-~RORSHRUBR~QURM:NrS PERMETER VEGETATON (REQUREMENTS AS PERSETfLEMENT AGR.E.E\olE'n 24"OC S"OC PROPERTY DEVELOPMENT REGULATONS MNMUM LOT DMENSONS SE' BACKS "",~ri:;~c, "~"~~'" tj~&,,"m,,",,!~, ~125'11j' Amendments 127' 193'135'1~12j'115'125' Location Map ~. '. 51 w=."" ' ~b,,"c NTS. Zoning Stamps 25' 1~ P(S<l)!Sr.(1(.84 F('"')"',)..",," lr) ::j::j::... ~ (]) C\l u ~p.., c\j ~ ~.;2 rfl.;!l ~.2: c\j"1:j o" ~CZl (]) ~ C\l p,.s rfl~ o Revision Dates CJ eo North 0' 25' 50' too' Scale: 1" = 50'-0" Sheet No. 1 on

8 BCC December 1, 2011 Page 177 Figure 5 Preliminary Regulating Plan October 11, ' COMPATBLTY LANDSCAPE BUFFER "DTE ALlrANOPVTREESTODE PLANTED WTHN OVERHEAD UTLTES EASEMENTS SHALL BEroN SSTENTWTHFPL'S11lEEUST SUGGESTEDNTlE"PLANTTHER,GHTTREENTHER,G/TPLACE'GUDELlNESANOpuRSLANTTOSECTON""-2DFTHEULOC ~ "m"."=" ~ '. ~: "' '''"'' _~~'.. m:"~~ "'",>T "<Co,''''..,"",m"", '~:" ~~... " ~= '"';:':~'" ~~::ffi" ""' ~~~~~::;;;.-L'::~:;,:J 7.5' NCOMPATBLTY BUFFER,=, 1~;~;~~~~~:;~E~;:1fl:~~~;:2i;~~:t~::~~~:,~~?~;i;~~:;J~~~:~ ~ EDlM'HRLB " ~ _,,'k. ".,.::.:.::,;.; :f~~~t ::,=,,,.",~=,,,,",",.,,,,,",~~","L~ ~""!:~F--1."""'"'"',,.," ~'''''M,,,,,,"=,",,,'',"'rn ""' L,~~~:~~:~~;:; -L,m,::",, ' R.O.W. BUFFER (A) - ("DC) =""~="'''''''=='''''='''''''.~ "'" c...,,'" ~,.~f:' ',~",,,, SMALL'HRB 15' R.O.W. BUFFER (B) mw ~ ':,":,,.~:::.:~ ""ffi" '''"'~~. """=, ~:ffin L",", '$~::,~'::","","---1 ~, 'OTE ALlCANOPVTREESTOBEPlANTEDWTHNOVERHBADVTLll1ESEASEMENTSSHALLBECONSSTENTW1llFPL'S11lEELlST SUOOESTDNTlE"PLANTTHERlGTTRiliNTlERGTPLlCE"GUDELlNESANDPURSLANTTUSECTON13E.lOFTHEULlC TYPCAL SGN DETAL t..=":,.::w",".---lw':~~:""-1,,,,owj TYP. FPL LGHT DETAL <n! '',._... _. ~ TYPCAL CUL-DE-SAC LANDSCAPE FOCAL PONT DETAL (l,)crow'>ofthornsor MATERA1EQUVALENT 50' RGHT-OF-WAY CROSS SECTON '"'l~ A ""''''~~ J) ill 11 A (YPCA)..0\ K Amendments Zoning Stamps ot!j.::;::!;:~=..r) ::t:t::... Cl) U ~ ~..:s ~p.., rjj gp ro "Cd O~ >-.~ ~~ ~ o ~... Revision Dates c=j ~ North n5' 50' 100' Scale: 1" = 50'-0" Sheet No. 20f3

9 STAFF REVEW AND ANALYSS PLANNNG DVSON COMMENTS: FUTURE LAND USE (FLU) PLAN DESGNATON: Low Residential 1 unit per acre (LR-1). TER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATON AREAS: The subject site is not located within a future annexation area of any municipality. NTERGOVERNMENTAL COORDNATON: municipality. The subject property is not located within one mile of any CONSSTENCY WTH FUTURE LAND USE (FLU) PLAN DESGNATON: The Planning Division has reviewed the request to delete Engineering Condition #3 which relates to the availability of Public sewer. Staff has found the request to be consistent with the Land Use designation of the Comprehensive Plan. SPECAL OVERLAY DSTRCT/NEGHBORHOOD PLAN/PLANNNG STUDY AREA: The subject property is located within the boundaries of the West Boynton Community Plan. The subject request is not inconsistent with the neighborhood plan. The applicant has corresponded with the neighborhood group. An was received October 11, 2011 from COBWRA in support of the request. The neighborhood plan contains recommendations that pertain to the request. recommendations are relevant: The following Rec. 72(pg. 89): Encourage affected property owners within the boundaries of the West Boynton Area Community Plan, that live in higher density residential communities and currently use well and septic systems, to participate in the County's water and sewer service assessment program. Promotion of the assessment program should be an effort organized by local activists. Rec. 73(pg. 89): Ensure that water will be available for all users in the Lake Worth Drainage District (LWDD) by carrying out the following: * Promote a water conservation policy that will utilize the lowest quality of water appropriate for the intended application * Require xeriscaping for residential landscaping * Promote xeriscaping in all commercial development and median plantings * Promote the use of reclaimed water for agricultural irrigation * Promote the reuse of reclaimed irrigation quality water for irrigation of golf courses, when economically, environmentally and technically feasible. * Encourage homeowners to tie into a regional water and sewer system * Encourage the use of low volume shower heads and toilets for new developments and remodeling, when their effectiveness has been proven. * Enforce the ban on daylight watering through code enforcement * Consider promoting or requiring larger redevelopment sites to reduce surface water runoff through specified measures. FNDNGS: The request is consistent with the LR-1 land use designation of the Palm Beach County Comprehensive Plan and the neighborhood plan. ENGNEERNG COMMENTS: This application is to delete an engineering condition of approval which required a sanitary sewer connection to the subdivision if a connection was available within one-half mile of the project. As no public sewer connection is available within the required distance and PBC WUD has confirmed that this condition is no longer necessary, the Engineering Department supports the deletion of this condition. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for this request. ENVRONMENTAL RESOURCE MANAGEMENT COMMENTS: BCC December 1, 2011 Page 178

10 VEGETATON PROTECTON: The site is under agricultural production. WELLFELD PROTECTON ZONE: The property is not located with a Wellfield Protection Zone. RRGATON CONSERVATON 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 rrigation 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 ENVRONMENTAL MPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FRE PROTECTON: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL MPACTS: No Staff Review Analysis is needed for this request. PARKS AND RECREATON: No Staff Review Analysis is needed for this request. CONCURRENCY: No Staff Review Analysis is needed for this request. WATER/SEWER PROVDER: Palm Beach County Water Utilities/ ndividual Septic Systems FNDNG: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FNDNGS: 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 proposed deletion of Condition of Approval Engineering #3 has no affect upon the purposes, goals, objectives and policies of the Plan. There is no proposed increase in intensity or density over the previous approval. 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 request complies with all applicable standards and provisions of the Code for use, layout, function, and general development characteristics. There are no proposed changes to the approved site plan with this request. 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. BCC December 1, 2011 Page 179

11 The request does not affect the compatibility or consistency with the surrounding uses and character. There are no proposed changes to the approved site plan with this request. 4. Design Minimizes Adverse mpact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The request does not impact the previous determination that the design minimizes environmental impact. 5. Design Minimizes Environmental mpact 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 design of the project is not changing. The project has been issued a Vegetation Removal Permit and has been issued Technical Compliance approval. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The approved use is compatible with adjacent uses. This request does not include changes to previously approved intensity, density or use type. 7. Consistency with Neighborhood Plans The proposed development or amendment is consistent with applicable neighborhood plans in accordance with BCC policy. This project lies within the COBWRA neighborhood plan. An was received by the Planing Division October 11, 2011 from COBWRA in support of the request. The rezoning and site plan applications for this project were reviewed by COBWRA in September 2005 and a letter of support was issued on September 30, Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. The project is approved for three single family dwellings. The proposed request, to delete the Condition of Approval requiring connection to public service if available within ½ mile of this site, does not effect compliance with the provision of public facility. The three homes will be connected to individual septic systems. 9. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The Engineering Department states that the Engineering Condition of Approval which required a sanitary sewer connection to the subdivision if a connection was available within one-half mile of the project is no longer necessary as no public sewer connection is available within the required distance and PBC WUD has confirmed that this condition is no longer applicable. The Engineering Department supports the deletion of this condition. Staff has evaluated the standards listed under Article 2.B.2.B 1-9 and determined that there is a need for the change. Therefore, staff is recommending approval of the proposed 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. BCC December 1, 2011 Page 180

12 CONDTONS OF APPROVAL EXHBT C Expedited Application Consideration ENGNEERNG 1. Previous Condition E1 of Resolution R , Control No , which currently states: TRAFFC PERFORMANCE STANDARDS PHASNG REQUREMENTS n order to comply with the mandatory Traffic Performance Standards, the property owner shall be restricted to the following phasing schedule: No building permits for the site may be issued after October 27, 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 Article 2 Section E of the Unified Land Development Code. (DATE: MONTORNG - Eng) s hereby amended to read: n order to comply with the mandatory Traffic Performance Standards, the property owner shall be restricted to the following phasing schedule: No building permits for the site may be issued after December 31, 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 Article 2 Section E of the Unified Land Development Code. (DATE: MONTORNG - Eng) 2. Prior to issuance of a building permit, the property owner shall plat the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMT: MONTORNG - Eng) (Previous Condition E2 of Resolution R , Control No ) 3. Previous Condition E1 of Resolution R , Control No , which currently states: PUBLC SEWER CONNECTON Prior to plat recordation, the property owner shall provide information to the Land Development Division and the Health Department on the availability of public sewer to the site. f public sewer is available within 1/2 mile of this site, then no septic tank permits shall be issued, and the site shall be required to connect to the public sewer. (PLAT: ENGNEERNG - Eng) s hereby deleted. [Reason: No public sewer connection available] ENVRONMENTAL 1. All existing native vegetation, including understory, depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. No grade changes, or the toe of proposed grade changes, shall occur within the dripline of existing native vegetation depicted to remain. (ONGONG:ERM-ERM)Previous Condition No. ERM-1 of Resolution No. R , Control No ) HEALTH 1. Prior to final approval by the DRO, the property owner shall submit the results of an asbestos containing material (ACM) survey to the Palm Beach County Health Department. (DRO:HEALTH-Health) 2. Water service is available to the property. Therefor, no potable water wells shall be permitted on the site. All existing potable water wells shall be abandoned in accordance with Palm Beach County ECR-. (ONGONG:HEALTH-Health) 3. The site shall be served by onsite sewage treatment and diposal systems. All new systems will require a permit, and all existing systems shall be properly abandoned as per code.(ongong:health-health) SCHOOL BOARD 1. The property owner shall post a notice of annual boundary school assignments for students from this development. A sign 11 X 17 shall be posted in a clear and visible location in all sales offices and models with the following: BCC December 1, 2011 Page 181

13 NOTCE TO PARENTS OF SCHOOL AGE CHLDREN School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) for the most current school assignment(s). (ONGONG: SCHOOL BOARD) (Previous Condition SCHOOL BOARD 1 of Resolution R , Control No ). STE DESGN 1. The site shall be limited to a maximum of three (3) residential lots. Each residential lot shall be no less than one (1) acre in size. (PLAT: ZONNG-Zoning) (Previous Condition STE DESGN 1 of Resolution R , Control No ) UTLTES 1. f any relocations/modifications to the County's existing facilities are required that are a direct or indirect result of the development, the property owner shall pay for the complete design and construction costs associated with these relocations/modifications. (ONGONG: PBCWUD - PBCWUD) (Previous Utilities Condition 1 of Resolution R , Control ) COMPLANCE 1. n granting this approval, the Board of County Commissioners relied upon the oral and written representations of the 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. (ONGONG: MONTORNG - Zoning) (Previous Condition COMPLANCE 1 of Resolution R , Control No ) 2. Failure to comply with any of the conditions of approval for the subjectproperty 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; 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 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. mposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a 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 Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGONG: MONTORNG - Zoning) (Previous Condition COMPLANCE 2 of Resolution R , Control No ) BCC December 1, 2011 Page 182

14 Disclosures: PALM BEACH COUNTY ZONNG DVSON FORM #...Q2... DSCLOSURE OF OWNERSHP NTERESTS - PROPERTY [TO BE COMPLETED AND EXECUTED BY THE PROPERTY OWNER(S) FOR EACH APPLCATON FOR COMPREHENSVE PLAN AMENDMENT OR DEVELOPMENT ORDER} TO: PALM BEACH COUNTY PLANNNG, ZONNG AND BULDNG EXECUTVE DRECTOR, OR HS OR HER OFFCALLY DESGNATED REPRESENTATVE STATE OF FLORDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, this day personally appeared James S. Gielda, hereinafter referred to as ~AHiant," who being by me first duty sworn, under oath, deposes and states as follows: 1. Affiant is the [ individual or () JKM Developers LLC, Manager {position e.g., president, partner, trustee} of BR Osprey Acquisition LLC {name and type of entity e.g., ABC Corporation, XYZ Limited Partnership} that holds an ownership interest in real property legally described on the attached Exhibit "A" (the "Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with Palm Beach County. 2. Affiant's address is: BR Osprey ACQuisition LLC do JKM Developers LLC. 102 NE 2nd Street. #203 Boca Raton. FL Attached hereto as Exhibit "8" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. 4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership nterests on behalf of any and all individuals or entities holding a five percent or greater interest in the Property. 5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval. 6. Affiant further states that Affiant is fam iliar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath. Disclosure of Beneficial nterest Ownership form Page 1 of 4 Revised Web Format 201 t BCC December 1, 2011 Page 183

15 PALM BEACH COUNTY - ZONNG DVSON FORM #..illl 7_ Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete. FURTHER AFFANT SAYETH NAUGHT. ~~M""'~ \J 1,\».r..B.s. G.\fU)!>S. Affiant (Print Affiant Name) The foregoing instrument was acknowledged before me this 17th day of ~Oct"""obe"",-, 20_" _. by ra"""", So os G \ "-'-Po.. [ who is pe,sonally known to me or [ 1 who has produced as identification and who did take an oath. Q~qQ~ Notary Public (Print Notary Name) NOTARY PUBLC State of Florida at Large My Commission Expi,es: '4 \ \"1 \ \ S- ANGru A. PC(ETT MYCOMMSS/OH_ EEOSS OO EXPAES! April7, dad 1hv Ncury?ubl;~ Disclosure of Beneficial lnteresl - Ownership form Page Revised Web Format 2011 BCC December 1, 2011 Page 184

16 EXHBT 'A' PROPERTY Legal Description for Osprey Oaks Parcel #2 Description: THE EAST HALF OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTON 11, TOWNSHP 45 SOUTH, RANGE 42 EAST, EXCEPT THE NORTH 25 FEET AND THE SOUTH 30 FEET FOR ROAD AND CANAL PURPOSES, AND OTHERWSE DESCRBED AS LOT 5, BLOCK 6, PALM BEACH RANCHES (UNRECORDED PLAT). Description: Legal Description for Osprey Oaks Parcel #3 THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTON 11, TOWNSHP 45 SOUTH, RANGE 42 EAST, EXCEPT THE SOUTH 30 FEET AND THE NORTH 25 FEET FOR ROAD AND CANAL PURPOSES. OTHERWSE DESCRBED AS THE WEST HALF OF LOT 3, BLOCK 6, PALM BEACH RANCHES (UNRECORDED PLAT). TOGETHER WTH: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTON 11, TOWNSHP 45 SOUTH, RANGE 42 EAST, OF PALM BEACH COUNTY, FLORDA. EXCEPT THE SOUTH 30 FEET AND THE NORTH 25 FEET FOR ROAD AND CANAL PURPOSES, OTHERWSE DESCRBED AS LOT 4, BLOCK 6, PALM BEACH RANCHES (UNRECORDED PLAT). Legal Description for Osprey Oaks Parcel #4 The East half (E 1/2) ofthe Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4) of Section 11, Township 4S South, Range 42 East, Palm Beach County, Florida, EXCEPTthe North 30 feet for road purposes. (Also known as Lot 7, Block 5, Palm Beach Ranches, unrecorded.) Said lands situate, lying and being in Palm Beach County, Florida. Subject to the 10' Wide lake Worth Drainage District Easement as recorded in Official Records Book 24583, Page 743 of the Public Records of Palm Beach County, Florida. Containing acres more or less. BCC December 1, 2011 Page 185

17 Legal Description for Osprey Oaks Parcel #5 Description: THE WEST HALF 0N 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTON 11, TOWNSHP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORDA, LESS THE NORTH 30 FEET FOR ROAD AND DRANAGE PURPOSES. (ALSO KNOWN AS LOT 4, BLOCK 5, PALM BEACH RANCHES UNRECORDED). LESS THE SOUTH FEET PURSUANT TO CHANCERY CASE NO. 407 RECORDED N O.R. BOOK 6495, PAGE 761, OF THE PUBLC RECORDS OF PALM BEACH COUNTY, FLORDA CONTANNG 4.92 ACRES MORE OR LESS. BCC December 1, 2011 Page 186

18 PALM BEACH COUNTY - ZONNG DVSON FORM#...QL EXHBT "B" DSCLOSURE OF OWNERSHP NTERESTS - PROPERTY Affiant must identify all entities and individuals owning five percent or more ownership interest in the Property. Affiant must identify individual owners. For example, if Affiant is an officer of a corporation or partnership that is wholly or partially owned by another entity, such as a corporation, Affiant must identify the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is tor sale to the general public. Name Address NONE Disclosure 01 Bene1iciallnleresl - Ownership 10rm Page Revised 08125/201 1 Web Formal 2011 BCC December 1, 2011 Page 187