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.: ZV/DOA/ABN Application Name: Pine Trail Shopping Center Control No.: Applicant: Pine Trail Square LLC Owners: Pine Trail Square LLC First Coast Energy LLP Taplin Const Corp Agent: Dunay, Miskel, Backman and Blattner, LLP - Beth Schrantz Telephone No.: (561) Project Manager: Carrie Rechenmacher, Senior Site Planner TITLE: a Type II Variance Request REQUEST: to allow a reduction in width for a landscape buffer. TITLE: Development Order Amendment REQUEST: to reconfigure the site plan; add an access point (Elmhurst Road) and delete access points (Military Trail and Okeechobee Boulevard); add and delete square footage; and, modify Conditions of Approval (Engineering). TITLE: a Development Order Abandonment REQUEST: to abandon the Gasoline Service and Auto Sales granted under Resolution Number R APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) and a Type II Variance for the Pine Trail Multiple Use Planned Development (MUPD). The acre development was originally approved by the Board of County Commissioners (BCC) on December 28, 1978, which rezoned the site from the Residential Multiple Family (RM) Zoning District to the General Commercial (CG) Zoning District, and a Special Exception to allow a Large Scale Community Shopping Center including an existing Auto Service Station, Financial Institution with Drive-Up Teller Windows, and an Auto Service Facility. The site is approved with 9 buildings and a total of 281,350 square feet (sq. ft.), and a mix of commercial uses.the Applicant is proposing to redevelop the shopping center by demolishing three existing buildings the 950 sq. ft. Auto Service Station, the 4,985 sq. ft. Type II Restaurant (Applebees) and the 4,616 sq. ft Type I Restaurant (McDonalds) and rebuilding three new structures in their places. The overall Site Plan includes an increase in square footage from 281,350 sq. ft. to 298,513 sq. ft. (+17,163 sq. ft.). The new buildings will include a 16,510 sq. ft. retail use, a 5,000 sq. ft. Type II Restaurant with 1,343 sq. ft. outdoor dining, and a 5,312 sq. ft. Type I Restaurant with a drive through. Three access points will be removed from the development from, Military and Okeechobee Boulevard, and one ingress only access point from Elmhurst Road will be added. The Applicant is also requesting a Type II Variance to allow a reduction of the required 20-foot Right of Way (ROW) buffer from 20 feet to 5 ft. (-15 ft) along Military Trail and Okeechobee Boulevard for the affected area. The PSP indicates nine buildings, 1,248 parking spaces and access from Okeechobee Boulevard (3), Military Trail (2) and Elmhurst Road (4). SITE DATA: Location: Southwest corner of Okeechobee Boulevard and Military Trail. Property Control Number(s) ; ; ; ; ; ; Existing Land Use Designation: Commercial Low with cross-hatching (CLX) and Commercial High, with an underlying HR-8 (CH/8) Proposed Land Use Designation: No proposed change Existing Zoning District: General Commercial District (CG) Proposed Zoning District: No proposed change Acreage: acres Tier: Urban/Suburban Overlay District: N/A Neighborhood Plan: N/A ZC March 3, 2016 Page 320

2 CCRT Area: Municipalities within 1 Mile Future Annexation Area N/A Haverhill, West Palm Beach Haverhill, West Palm Beach RECOMMENDATION: Staff recommends approval of the Development Order Amendment subject to 45 Conditions of Approval as indicated in Exhibit C-2 and approval of the Development Order Abandonment to abandon the Special Exception to allow Gasoline Service and Auto Sales granted under Resolution Number R Staff recommends denial of the Type II Variance. PUBLIC COMMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: Application No. Request Resolution Approval Date SE To allow a Special Exception to allow a Day Care to an existing Church. SE To allow a Special Exception for a PCD with Gasoline Service Station and Automobile Sales SE To allow a Special Exception for a Automobile Repair Facility SE To allow a Special Exception for a Financial Institution with Drive Up Teller Z/SE/ An Official Zoning Map Amendment to allow a rezoning from the Residential Multi-Family (RM) to the General Commercial (CG) Zoning District, and a Special Exception to allow a Large Scale Community Shopping Center including an existing Auto Service Station and a Financial Institution with Driveup Tellers and an Auto Service Facility SE A Special Exception to allow a Drive-In Restaurant Z An Official Zoning Map Amendment to allow at rezoning (additional land) to CG DOA A Development Order Amendment to allow a Private Utility Structures DOA A Development Order Amendment to the 00048(B) PCD to increase square footage, relocate Gas Facility and Permit a Car Wash ABN A Legislative Abandonment to revoke 00048(B) Resolution DOA A Development Order Amendment to 00048(C) increase square footage of Gas Station Convenience Store SE (A) A Special Exception to allow a Fitness Center in excess of 15,000 sq. ft. DOA A Development Order Amendment to reconfigure Site Plan, add square footage and allow for a Fast Food Restaurant DOA/R A Development Order Amendment to Redesignate Land Uses A Requested Use for a Financial Institution with Drive Up Teller ZV ZV to allow an increase in square footage for wall signage R April 19, 1975 R May 27, 1976 R October 28, 1976 R July 27, 1978 R January 23, 1979 R April 26, 1979 R November 29, 1979 R November 29, 1979 R April 4, 1989 R September 10, 1991 R August 30, 1993 R May 23, 2002 R March 5, 2004 R May 25, 2006 R May 25, 2006 R November 03, 2011 ZC March 3, 2016 Page 321

3 DOA A Development Order Amendment to Reconfigure Site Plan and Add Square Footage R December 5, 2013 SURROUNDING LAND USES: NORTH: FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) Supporting: Commercial (Emporium Shoppes, Control No ) FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) Supporting: Commercial (CVS, Control No ) SOUTH: FLU Designation: High Residential (HR-8) Zoning District: Multi-Family Residential (High Density) District (RH) Supporting: Residential FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) Supporting: Commercial EAST: FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) Supporting: Commercial (Cross County Mall, Control No ) WEST: FLU Designation: Medium Residential (MR-5) Zoning District: Multi-Family Residential (High Density) District (RH) Supporting: Residential FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) Supporting: Commerical TYPE II VARIANCE SUMMARY ULDC Article Required Propsed Variance V1 7.F.7.A Width of R-O-W 20 foot wide ROW buffer in affected area 5 foot wide ROW buffer in affected Buffer (Okeechobee Boulevard) area area V2 V3 V4 7.F.7.A Width of R-O-W Buffer 7.F.7.A Width of R-O-W Buffer 7.F.7.B Table 7.F.7.B - Shrub Planting Requirements 20 foot wide ROW buffer in affected area (Military Trail) 15 foot wide ROW buffer in affected area Building 8) (Elmhurst Road) 1 small shrub per 2 linear feet (502) 1 medium shrub per 4 linear feet (251) 5 foot wide ROW buffer in affected area 5 foot wide ROW buffer in affected area shrubs 15 foot ROW buffer reduction in affected 15 foot ROW buffer reduction in affected area 15 foot ROW buffer reduction in affected area (Building 8) -314 small shrubs -65 shrubs The ULDC requires a minimum 15 foot buffer on a ROW with a maximum of 99 feet in width (Elmhurst Drive) and a 20 foot ROW buffer for a ROW greater that 100 feet in width (Miltary Trail and Okeechobee Boulevard). The Applicant is requesting a reduction the buffer widths for the affected areas for these three ROW frontages. ZC March 3, 2016 Page 322

4 The ULDC Table 7.F.7.B - Shrub Planting Requirements also requires a planting pattern and quantity for a perimeter ROW buffer that includes small, medium and large shrubs in a meandering pattern with small shrubs to be planted at 1 per two linear feet and medium shrubs to be planted one per four linear feet. The Applicant will provide shrubs and canopy trees in this location but requests a variance for reduction for the small and medium shrubs for the ROW buffers which, due to the reduction in requested buffer width, will not be able to accommodate the required landscaping. ROW buffers also are required to have 1 canopy tree per 25 linear feet. The canopy tree requirement will be met with the reconfigured buffers. FINDINGS: Type II Concurrent Variance Standards: When considering a Development Order application for a Type II Variance, the Zoning Commission shall consider Standards 1 through 7 listed under Article 2.B.3.E of the ULDC. The Standards and Staff Analyses are as indicated below. A Type II Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. 1. Special conditions and circumstances exist that are peculiar to the parcel of land, building or structure that are not applicable to other parcels of land, structures or buildings in the same zoning district: V1-V4 NO: The Shopping Center is thirty-eight years old. The existing gas station which was approved May 27, 1976 became included as part of the Shopping the standards of ULDC Article 3.E. 3, for a Multiple Use Planned Development (MUPD) and has been approved and amended under previous versions of the ULDC. In addition, on July 3, 2003 the Board of Adjustment (BA ) approved a variance along Elmhurst Road to allow an eight foot reduction for the right of way buffer. The buffer shall remain and is located on the south side of Building 9, on the south west corner of the site. The proposed redevelopment will be the complete teardown and rebuild of three structures along Military Trail, Okeechobee Boulevard, and Elmhurst Road; the 950 sq. ft. Auto Service Station, the 4,985 sq. ft. Type II Restaurant (Applebee s) and the 4,616 sq. ft Type I Restaurant (McDonalds) and rebuilding three new structures in their places, increasing the intensity of the development. The proposed redevelopment provides an opportunity to enhance this major urban corridor with landscaping consistent with the ULDC and required by Article 1 for nonconformities. However, the Applicant is requesting to maintain only a 5 foot buffer along the south west corner of Military Trail and Okeechobee Boulevard and along the frontages of Military Trail, Okeechobee Boulevard, and Elmhurst Road for the affected areas of the proposed redevelopment of Building 1 (Walgreens) Building 2 (Applebee s) and Building 8 (McDonalds). Some improvements will be provided as the Applicant will decrease the number of access points to the former gas station parcel and provide a minimum of 5 foot buffer with the removal of 3 access point locations. Also there will be no easement overlap. However with the reduced buffer widths, sufficient area will not be available for additional hedge planting materials. The ULDC requires 20 foot buffer along both of these ROWs. No easement overlap is permitted for the MUPD ROW landscaped buffer standards. Also 3 layers of shrubs and canopy trees at 1 tree per 25 linear feet are required. The Applicant is requesting a reduction of small and medium shrubs but will provide all other required ROW landscape materials and internal landscaping such as foundation and parking terminal island plantings. The Applicant also states that right-of-way dedications are required along Okeechobee Boulevard, Military Trail and Elmhurst Road in order to meet the County s expanded intersection requirements and provide new right-turn lanes at the existing driveways accessing the subject site from Military Trail. The Applicant further explains that the pattern of existing development, age of the Center and required right-of-way dedications are special conditions that are peculiar to the Center. Staff maintains however, that the center exceeds the parking standards of Article 3.B.1.C of one space per 250 square feet with an excess of 54 spaces. Buffers could be increased in certain locations by the deletion of parking in certain areas, and shifting of the proposed structures. Additionally, the applicant is modifying the uses and adding more square footage than what was previously approved, thereby changing requirements from what they were previously approved for. ZC March 3, 2016 Page 323

5 While the buffer widths are an existing circumstance with the existing configuration, the reconfiguration of the subject parcel would allow and requires the Applicant to bring the buffers up to current code requirements. Redevelopment of this shopping center is strongly encouraged and the ULDC encourages redevelopment, in many areas of the County. However, the site is located at the corner of a major intersection and has a significant visual impact on the community. Ten to twenty foot wide buffers are suggested as appropriate adjacent to right-of-ways greater than 100 feet in width. In this case, Staff believes there are other design options for the buffer widths that would reduce visual impact, and creating a better design. 2. Special circumstances and conditions do not result from the actions of the Applicant: V1-V4 NO: While the buffers along frontages of Military Trail, Okeechobee Boulevard, and Elmhurst Road exists in the shopping center s current configuration, the Applicant is proposing to redevelop 3 major parcels directly located on these frontages of the shopping center. Any Applicant would be required to comply with the current regulations. Staff believes the variances exceed the minimum allowable and are a result of an action by the Applicant. 3. Granting the variance shall not confer upon the Applicant any special privilege denied by the Comprehensive Plan and this code to other parcels of land, structures or buildings in the same zoning district: V1 V4: NO: Granting the variance would confer a special privilege denied to other parcels of land in the same zoning district. 4. Literal interpretation and enforcement of the terms and provisions of this Code would deprive the Applicant of rights commonly enjoyed by other parcels of land in the same zoning district, and would work an unnecessary and undue hardship: V1 V4: NO: The proposed request is not the minimum variance requested in order to redevelop the site. Although the current configuration is non-conforming, redevelopment or the site would require the Applicant to comply with code. 5. Grant of variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure: V1 V4: NO: The proposed request is not the minimum variance that will make reasonable use of the parcel of land. Other design options are available to the Applicant allowing for the redevelopment of the parcel. 6. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and this Code: V1 thru V4 - YES: Granting the Type II Variances will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and the Code. 7. Granting the variance will not be injurious to the area involved or otherwise detrimental to the public welfare: V1 thru V4 - YES: Granting the Type II Variances will not be injurious to the area involved or detrimental to the public welfare. The site was had numerous Public Hearing and Administrative modifications and was developed in 1978 with some of the parcels even prior to this. The current site configuration supports existing buildings and parking. The existing facilities provide some constraints and limitations on redesign options with regard to building placement, parking and loading configuration. The Applicant has submitted an Alternative Landscape Plan (ALP) which is currently under review to support the proposed variances. The ALP addresses and preserves many of the Naturalized trees on site. Approval of the variances recognizes these various mitigating factors. ZC March 3, 2016 Page 324

6 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. o Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Previous Land Use Amendments: Portions of this site was subject to two (2) County initiated Land Use Amendment known as Commercial Categories, Amendment 57e (ORD ) amending the FLUA designation from Commercial with an underlying 8 units per acre (C/8) to Commercial High, with an underlying 8 units per acre (CH/8), and Amendment CHX, (ORD ) amending the FLU designation from Commercial, with an underlying 8 units per acre, with cross-hatching (C/8), to Commercial Low with an underlying 8 units per acre (CL/8) on 0.36 acres. There were no conditions on the amendments. o Intensity: The overall site has a maximum allowable FAR of.50 for an MUPD. The maximum square footage allowed for the site equals 611,209 square feet ( acres x square feet per acre x.50 FAR = 611, maximum square feet). The proposed built FAR for the site equals an FAR of.24 (297,221 proposed square feet / 1,222,419 surveyed square feet =.2431 FAR). o Special Overlay District/ Neighborhood Plan/Planning Study Area: The properties are located within the Revitalization, Redevelopment and Infill Overlay (RRIO) and Urban Redevelopment Area (URA). 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. o Affected Area: ULDC Article 1 provides for vesting of development orders issued pursuant to the procedures established by prior PBC land development regulations, and shall remain in full force and effect. Modification of Prior Approvals which was approved under the prior Code provisions, shall comply with the current review process for any modifications in the Area of Modification. The ULDC states the proposed modification shall comply with the current Code to the greatest extent possible in the affected area and Modification to a Prior Approval with Nonconformities may not increase a nonconformity The ULDC also provides for the authority to carry forward the previous approval onto subsequent plans as necessary to continue to implement the previously approved plans. The uses, site design, intensity, density, and tabular data shown on a Development Permit, that was approved in accordance with a prior ordinance, shall not be subject to the requirements of this Code for any information clearly shown. This information may be carried forward onto subsequent plans, if necessary, to implement the previously approved plan. The shopping center has been approved since The request to redevelopment of 3 parcels of the site will not generate any negative impact to the existing Pine Trail Shopping Center or the adjacent surrounding uses. ZC March 3, 2016 Page 325

7 o Freestanding Buildings: A total of three freestanding buildings, in addition to the primary building, are allowed in an MUPD with a CH future land use. The overall Center (Buildings 1 through 9) per the definition in the ULDC is in compliance. o Pedestrian Amenity: In accordance with Section 3.E.1.C.1.h, three pedestrian amenities are required. Three pedestrian amenities are provided on the existing and proposed site plan. Specifically, an open plaza is located on the east side of the northern portion Building 9, and two (2) separate benches with trellises are located east of Building 9. o Type I Restaurants Location Criteria: Pursuant to ULDC Article 4.B.1.A.109, a Type I Restaurant with a drive through shall be subject to the Locational Criteria for number of restaurants at an intersection and separation from other Type I Restaurants. The Type I Restaurant is approved and existing in the current location. No outdoor dining area is proposed for the Type I Restaurant in Building 8. o Parking: The PSP indicates 1,248 parking spaces and terminal islands that do not meet Article 7.G.2.A in areas outside of the affected area. However, planted divider median area between every parking aisle, which is well in excess of the code requirement to provide a divider median for every three parking aisles. The affected area will meet the terminal island, and handicapped access requirements of the ULDC. The center exceeds the Article 3.B.1.C MUPD parking standards of one space per 250 sq. ft. of GFA with an excess of 54 spaces. Additional landscaping could be provided with the deletion of some of the excess parking spaces. o Loading Area: Type I Waiver: A dedicated loading area is currently not provided for Building 2 and the Applicant indicates that with the reconfiguration of the parking and loading area within the affected area surrounding Building 8 will result in the reduction and relocation of the existing loading zone. Consistent with ULDC Sections 2.D.6 and 6.B.1.H.7. the Applicant is requesting approval of a Type I Waiver from ULDC Sections 6.B.1.H.1 and 6.B.1.H.2 to allow a 12 foot wide and 21 foot deep loading zone for Building 2 in lieu of the required 15 by 55 wide loading zone and to allow a 21 foot deep loading zone located across a drive aisle for Building 8 in lieu of the required 55 foot in depth loading zone and to be located not directly adjacent to the building. The Type I Waivers would be approved administratively at final DRO approval. o Landscaping and Type II Variances: o Type II Variances: The Applicant is requesting a Type II Variance to allow a reduction of the required 20-foot Right of Way (ROW) buffer from 20 feet to 5 ft. (-15 ft) along Military Trail and Okeechobee Boulevard and Elmhurst Road, for the affected area. The Applicant is also requesting a reduction in the small and medium shrubs required for a ROW bufffer due to the buffer width reduction and insufficient space for these planting requirements. No easement overlaps are proposed or permitted in the required MUPD ROW buffer. Board of Adjustment approval (BA ) was previously approved adjacent to Building 9, on July 3, 2003 along Elmhurst Road to allow an eight foot reduction for the right of way buffer. Staff is recommending Variance Condition 4 to maintain landscaping and buffering along the south west property line adjacent to Building 9 with a minimum seven foot wide landscape buffer strip pursuant to this approval. The Applicant has submitted an Alternative Landscape Plan (ALP) which is currently under review to support the proposed variances. The ALP addresses and preserves many of the Naturalized trees on site (Exhibit 6) Staff is recommending at Variance Condition 5 for Landscaping and buffering along the south property line adjacent to Building 8 shall maintain a minimum 10 wide landscape buffer strip based on the current request and proposal. o Architecture: Preliminary architectural elevations have been provided for the new Buildings 1, 2, and 8. The elevations are dated October 23, 2015 and are consistent with the remainder of the development and also are in compliance with Article 5.C. Staff has added an Architectural Condition specifying compliance with the elevations provided at final DRO approval. ZC March 3, 2016 Page 326

8 o Signage: Currently the freestanding signage is non-conforming in regard to height and sign face area. Staff recommends no new freestanding signage shall be permitted and any replacement of signage shall meet ULDC requirements as required by Article 8 of the ULDC. Staff recommends carrying forward the 4 of the 5 existing sign conditions. Staff recommends deleting Sign Condition 3 as this condition is not in compliance with State Statutes regarding sign content. 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 amendment was found to be compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for amendment. The proposal will not negatively affect the adjacent properties. With the recommended Conditions of Approval and approval of the pending Type II Variances, the proposed use does not create any incompatibility issues and generally consistent with the current uses in and around the development. 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 Applicant proposes demolition of the existing buildings and construction of a new buildings meeting current Zoning and Building Code requirements. The proposed layout recognizes existing easements, ROW dedications and buffer widths. Staff has determined that the buffer width reduction is not the minimum request to make reasonable use of the land. The Applicant could provide a wider buffer at the major intersection reducing a visual impact from the adjacent properties and right of way. Subject to Conditions of Approval and approval as amended of the Type II Variances the design minimizes adverse impact. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property has been previously developed. 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 currently supports a shopping center. The Applicant is requesting modifications to redevelop the site with the removal of an old gas station and construction of a major Retail Pharmacy Store and redevelopment of two other structures. The development pattern previously established by the shopping center and is maintained with the current request. No significant change is proposed to the design or appearance of the shopping center and it is anticipated to improve the appearance of the Okeechobee Military Trail south west corner. The proposed amendment will result in a logical, timely and orderly development patterns. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ZC March 3, 2016 Page 327

9 ENGINEERING COMMENTS: TRAFFIC IMPACTS Existing traffic from the subject project is 14,541 daily trips, 568 AM and 1,301 PM peak hour trips. The proposed project is expected to result in an increase of 25 daily trips, a decrease of 28 AM peak hour trips and an increase of 17 PM peak hour trips, for a grand total of 14,566 daily trips, 540 AM and 1,318 PM peak hour trips. This traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). There are no improvements to the roadway system required for compliance with TPS because this project has an insignificant impact on the surrounding roadway network; it contributes less than one percent of the adopted level of service on all links within the radius of development influence. 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 removal agreements for encroachments into Elmhurst Road and the proposed corner clip at the southeast corner of the project. The Property Owner shall obtain a release of the right of way reservation for Military Trail. PALM BEACH COUNTY HEALTH DEPARTMENT: This project meets all Department of Health requirements. FIRE PROTECTION: The proposed request has been reviewed by the Fire Department and there are no issues at this time. SCHOOL IMPACTS: The proposed request is a nonresidential project therefore the School District ULDC standards do not apply. PARKS AND RECREATION: This is a nonresidential project and, therefore Park and Recreation ULDC standards do not apply CONCURRENCY: Concurrency has been approved for 281,350 sq. mixed use Shopping Center which include a 16,510 sq. ft. retail use, a 5,000 sq. ft. Type II Restaurant with 1,343 sq. ft. outdoor dining, and a 5,312 sq. ft. Type I Restaurant. The proposed amendment complies with Article 2.F, Concurrency. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The subject site is a previously developed commercial retail center that is approximately 40 years old, and is located on a commercial corridor along 2 major arterials. The geographic area within which the property is located has experienced an economic decline over the years, and a number of the existing buildings have become outdated since the original approval. This proposal is an effort to continue to upgrade this center and to stimulate revitalization of the facility. The redevelopment effort continues to upgrade the site and provide consistency with Code standards. According to the Applicant now that the economy has rebounded, both Applebee s and McDonald s seek to improve the existing outdated buildings housing each use. The Applicant is under contract to purchase the gas station parcel located in the northeastern portion of the subject site. As a result of exploring a number of redevelopment options to improve the northeast corner of the Shopping Center, the Applicant has determined that the property is best suited to the proposed general retail use. With the approval of the concurrent Type II Concurrent Variance, the site will comply with the ULDC and Plan. CONCLUSION Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C-2. ZC March 3, 2016 Page 328

10 CONDITIONS OF APPROVAL Exhibit C-1 Type II Variance - Concurrent ALL PETITIONS 1. The Approved Preliminary Site Plan is dated December 28, 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) VARIANCE 2. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/DOA/ABN (ONGOING: ZONING - Zoning) 3. At time of application for a Building Permit, the Property Owner shall provide a copy of this Variance approval along with copies of the approved Plan to the Building Division. (BLDGPMT/ONGOING: ZONING - Zoning) 4. LANDSCAPING-ALONG THE SOUTH PROPERTY LINE (FRONTAGE OF ELMHURST ROAD ADJACENT TO BUILDING 9) Landscaping and buffering along the south property line adjacent to Building 9 shall maintain a minimum seven (7) foot wide landscape buffer strip pursuant to the Board of Adjustment approval (BA ). (ONGOING: ZONING - Zoning) 5. LANDSCAPING-ALONG THE SOUTH PROPERTY LINE (FRONTAGE OF ELMHURST ROAD ADJACENT TO BUILDING 8 to the east entryway) Landscaping and buffering along the south property line adjacent to Building 8 shall maintain a minimum ten foot (10) wide landscape buffer strip. (ONGOING: ZONING - Zoning) COMPLIANCE 6. In Granting this Approval, the Zoning Commission relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 7. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a.the Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other Permit, License or Approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or, b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other Zoning Approval; and/or, c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of Conditions reasonably related to the failure to comply with existing Conditions; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: ZONING - Zoning) ZC March 3, 2016 Page 329

11 DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC March 3, 2016 Page 330

12 CONDITIONS OF APPROVAL Exhibit C-2 Development Order Amendment ALL PETITIONS 1. Previous ALL PETITIONS Condition 1 of Resolution R , Control No , which currently states: Is hereby amended to read: All previous Conditions of Approval applicable to the subject property as contained in Resolution R and Resolution R have been consolidated as contained herein. The Property Owner/Applicant shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous ALL PETITIONS Condition 2 of Resolution R , Control No , which currently states: The Approved Preliminary Site Plan is dated August 15, 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. Is hereby amended to read: The Approved Preliminary Site Plan is dated December 28, 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. Previous ARCHITECTURAL REVIEW Condition 1 of Resolution R , Control No , which currently states: At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Type II Restaurant 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 June 19, 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) Is hereby amended to read: At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Type II Restaurant (Building 3) 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 November 23, 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) ENGINEERING 1. Previous ENGINEERING Condition 1 of Resolution R , Control No , which currently states: ZC March 3, 2016 Page 331

13 Prior to issuance of a Building Permit for enclosed building square footage, the Property Owner shall legally create the lot in accordance with Article 11 of the Unified Land Development Code. Is hereby amended to read: Prior to October 31, 2017, 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. (BLDGPMT/DATE/ONGOING: MONITORING - Engineering) 2. The Property Owner shall provide a wheelchair ramp in the curb when constructing the curb and sidewalk at the south-east corner of Military Trail and Okeechobee Boulevard. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 2 of Resolution R , Control No ) 3. The Property Owner shall place Restrictive Covenant on the property to insure auto facility will post signs and stripe the sidewalk on their entrance by September 1, or prior to building permit of sales office, whichever is first. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 3 of Resolution R , Control No ) 4. The Property Owner shall construct sidewalks and curb gutters along Military Trail and Okeechobee Boulevard. (ONGOING/VEGPMT: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 4 of Resolution R , Control No ) 5. The Property Owner shall convey the twenty-five (25) foot safe corner to the County at the intersection of Military Trail and Okeechobee Boulevard. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 5 of Resolution R , Control No ) 6. Property Owner shall construct sidewalk along Military Trail. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 6 of Resolution R , Control No ) 7. Within ninety (90) days off Special Exception approval, Property Owner shall convey to Palm Beach County forty (40) feet from existing centerline for Elmhurst Road right-of-way. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 7 of Resolution R , Control No ) 8. Within ninety (90) days off Special Exception approval, Property Owner shall convey to Palm Beach County an additional seven (7) feet of right-of-way, and further reserve a maximum of another nine (9) feet for the ultimate right-off-way for Military Trail, as approved by the County Engineer. The petitioner has agreed to waive compensation for the reserved right-of-way area and any improvements thereon. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 8 of Resolution R , Control No ) 9. Property Owner shall construct Elmhurst Road from Military Trail westerly to the west property line to County Standards. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 9 of Resolution R , Control No ) 10. Property Owner shall construct an additional travel lane for both eastbound and westbound traffic on Okeechobee Boulevard from Military Trail to west property line. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 10 of Resolution R , Control No ) 11. Property Owner shall extend right turn lane, east approach, at the intersection of Okeechobee Boulevard and Military Trail easterly to the intersection with Zip Code Place. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 11 of Resolution R , Control No ) ZC March 3, 2016 Page 332

14 12. Property Owner shall reconstruct and lengthen left turn lane, south approach, at the intersection of Military Trail and Elmhurst Road. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 12 of Resolution R , Control No ) 13. Property Owner shall construct left turn lane, east approach, at intersection of Okeechobee Boulevard and west driveway entrance. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 13 of Resolution R , Control No ) 14. Unless prevented by factors beyond the control of the Property Owner, the construction of Elmhurst Road, as noted in Engineering Conditions 6 and 9, shall proceed simultaneously with the construction of the proposed shopping center and shall be completed prior to the issuance of any Certificate of Occupancy. (CO: MONITORING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 14 of Resolution R , Control No ) 15. Prior to issuance of a building permit, the Property Owner shall convey a temporary roadway construction easement along Elmhurst Road to Palm Beach County. Construction by the Applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDGPMT: MONITORING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 15 of Resolution R , Control No ) 16. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. Building Permits for the proposed 4,222 square foot bank shall not be issued after January 1, 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. (BLDGPMT/DATE: MONITORING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 16 of Resolution R , Control No ) 17. Previous ENGINEERING Condition 17 of Resolution R , Control No , which currently states: In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. Building Permits for the proposed 7,516 square foot Type II Restaurant shall not 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: MONITORING- Eng) Is hereby amended to read: 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, 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. (BLDGPMT/DATE: MONITORING - Engineering) 18. Landscape Within the Median of Okeechobee Boulevard a. The Property Owner shall design, install and perpetually maintain the median landscaping within the median of all abutting rights of way of both Okeechobee Boulevard and Military Trail. This ZC March 3, 2016 Page 333

15 landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by the Property Owner shall be perpetually maintained by the Property Owner, his successors and assigns, without recourse to Palm Beach County, unless the Property Owner provides payment for maintenance as set forth in Paragraph d below. (ONGOING: MONITORING - Engineering) b. The necessary permit(s) for this landscaping and irrigation shall be applied for prior to the issuance of the first building permit. (BLDGPMT: MONITORING - Engineering) [Note: COMPLETED] c. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING - Engineering) [Note: COMPLETED] d. At the Property Owner's option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the Property Owner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the Property Owner. The Property Owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the Property Owner. (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] e. Alternately, at the option of the Property Owner, and prior to the issuance of a Building Permit, the Property Owner may make a contribution to the County's Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County's installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project's front footage along both Okeechobee Boulevard and Military Trail. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (BLDGPMT: ENGINEERING - Engineering) [Note: COMPLETED] (Previous ENGINEERING Condition 18 of Resolution R , Control No ) 19. Prior to recordation of the plat, the Property Owner shall obtain a release for the right of way reservation for Military Trail. (PLAT: MONITORING - Engineering) 20. Prior to December 31, 2016, the Property Owner shall obtain a removal agreement for the sign in the southeast corner of the property in FDOT right of way. (DATE: MONITORING - Engineering) 21. Prior to December 31, 2016, the Property Owner shall obtain a removal agreement for the wall along the south project limits where the wall encroaches into the County's right of way. (DATE: MONITORING - Engineering) LANDSCAPE - GENERAL-STANDARD 1. Prior to issuance of the Certificate of Occupancy for the fitness center, (Building 9) all dead, missing or damaged plant materials in the entire shopping center shall be replaced. Landscape shall be installed pursuant to planting plans prepared by Winston Lee & Associates, Inc. dated April16, (CO: ZONING - Zoning) [Note: COMPLETED] (Previous ZONING - LANDSCAPING Condition 1 of Resolution R , Control No ) 2. All cabbage palms of desirable size and condition shall be relocated and used as landscape material for this project. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 3 of Resolution R , Control No ) 3. All oak trees and specimen trees located in areas where parking spaces can be eliminated shall be preserved in place. Those trees of too large a size to be moved and which are located in proposed driveways and building sites, however, may be removed upon approval of the Urban Forester. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 4 of Resolution R , Control No ) 4. Pine trees located within proposed median strips five (5) feet or wider, exclusive off required parking overhang areas, shall be preserved in place. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 5 of Resolution R , Control No ) ZC March 3, 2016 Page 334

16 5. Previous ZONING - LANDSCAPING Condition 7 of Resolution R , Control No , which currently states: All palms required to be planted on the property by this approval (Petition B) shall meet the following minimum standards at installation: a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they meet current ULDC requirements. Is hereby amended to read: All palms required to be planted on the subject site shall meet the following minimum standards at installation: a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated trees provided they meet Unified Land Development Code (ULDC) requirements. (ONGOING: ZONING - Zoning) 6. Previous ZONING - LANDSCAPING Condition 8 of Resolution R , Control No , which currently states: All shrub or hedge materials required to be planted on the subject site shall be planted in continuous masses and in a meandering and naturalistic pattern, consisting of a minimum of two (2) to three (3) varying heights. Shrub materials shall be continuously maintained to achieve the following heights and hierarchical effect: a. eighteen (18) to twenty-four (24) inches groundcover and small shrub; b. twenty-four (24) to thirty-six (36) inches medium shrub; and c. forty-eight (48) to seventy-two (72) inches large shrub. (ONGOING: ZONING - Zoning) Is hereby deleted. [REASON: Code Requirement] 7. Field adjustment of plant materials may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 9 of Resolution R , Control No ) 8. All canopy trees to be planted within overhead utilities easement shall be consistent with FP&L's tree list suggested in the Plant the Right Tree in the Right Place guidelines and pursuant to Section 7.3.E.12.a of the ULDC. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 10 of Resolution R , Control No ) 9. Fifty (50) percent of canopy trees to be planted in the perimeter landscape buffers shall meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. Credit may be given for existing or relocated trees provided they meet Unified Land Development Code (ULDC) requirements. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 6 of Resolution R , Control No ) LANDSCAPE - GENERAL-INTERIOR 2. Landscaping along the interior driveway (western access point off Elmhurst Road) shall be upgraded to provide the following: a. within the existing landscape medians (approximately the south 130 linear feet of the median), one (1) flowering tree or canopy tree for each twenty (20) linear feet of the median; b. a continuous hedge between all trees within the islands where applicable. Shrub or hedge materials or groundcover shall be maintained at a maximum height of thirty (30) inches. (ONGOING: ZC March 3, 2016 Page 335

17 ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 1 of Resolution R , Control No ) LANDSCAPE - INTERIOR 2. Previous ZONING - LANDSCAPING Condition 2 of Resolution R , Control No , which currently states: A divider median shall be provided between each adjacent drive-thru lane as follows: a. a minimum width of three (3) feet excluding curb. This median shall extend a minimum distance of five (5) feet beyond the east and west boundaries of the overhead canopy; b. the east and west extensions of this median beyond the overhead canopy shall be planted with a palm having a minimum grey wood height of ten (10) feet and appropriate ground cover; and, c. the remaining portions of this median lying beneath the overhead canopy shall be surfaced with brick, precast paving block, or other decorative paving surface. Is hereby amended to read: A divider median (for the Financial Institution Building 4 shall be provided between each adjacent drive-thru lane as follows: a. a minimum width of three (3) feet excluding curb. This median shall extend a minimum distance of five (5) feet beyond the east and west boundaries of the overhead canopy; b. the east and west extensions of this median beyond the overhead canopy shall be planted with a palm having a minimum grey wood height of ten (10) feet and appropriate ground cover; and, c. the remaining portions of this median lying beneath the overhead canopy shall be surfaced with brick, precast paving block, or other decorative paving surface. (ONGOING: ZONING - Zoning) LANDSCAPE - PERIMETER-STANDARD 1. Previous ZONING - LANDSCAPING Condition 2 of Resolution R , Control No , which currently states: Petitioner shall construct the six (6) foot high privacy wall shown on plans submitted (Exhibit #7) along the project's entire west property line prior to the issuance of any building permit.(s). Is hereby amended to read: The Applicant shall provide a six (6) foot high privacy wall along the project's entire west property line prior to the issuance of any building permits. (BLDGPMT/ONGOING: BUILDING DIVISION - Zoning) LANDSCAPE - PERIMETER-ALONG THE SOUTH PROPERTY LINE (FRONTAGE OF ELMHUSRT ROAD) AFFECTED AREA ONLY 2. Landscaping and buffering along the south property line (affected potion only) shall be upgraded to include: a. a minimum of seven (7) foot wide landscape buffer strip pursuant to the Board of Adjustment approval (BA ); b. one (1) native canopy tree for each thirty (30) linear feet of the property line; c. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and, d. one (1) small shrub for each two (2) linear feet of the property line, and shall be planted on both sides of the existing wall. Shrub shall be a minimum height of eighteen (18) inches at installation. (ONGOING: ZONING - Zoning) (Previous ZONING - LANDSCAPING Condition 1 of Resolution R , Control No ) PLANNING 1. Prior to final Development Review Officer (DRO) site plan approval, the site plan shall be revised to include notations indicating the existing or proposed/future location of sidewalks along Military Trail, Okeechobee Boulevard, and Elmhurst Road. In addition, the site plan shall include a pedestrian access connection from the fast food parcel in the southwest corner of the site to the existing or ZC March 3, 2016 Page 336

18 proposed/future sidewalk along Elmhurst Road. (DRO: PLANNING - Planning) [Note: COMPLETED] (Previous PLANNING Condition 1 of Resolution R , Control No ) SIGNS 1. Prior to final DRO certification of the site plan, the four (4) freestanding multi-tenant (nonconforming) signs located on Okeechobee Boulevard and Military Trail shall be identified on the site plan as Signs A through D. (DRO: ZONING - Zoning) [Note: COMPLETED] (Previous SIGNS Condition 1 of Resolution R , Control No ) 2. Non-conforming signs A through D shall be allowed to be altered as indicated on the drawings prepared by SignCraft Schematics dated April 5, The existing bases and structural supports of the non-conforming signs shall be utilized. (ONGOING: BUILDING DIVISION - Zoning) (Previous SIGNS Condition 2 of Resolution R , Control No ) 3. Previous SIGNS Condition 3 of Resolution R , Control No , which currently states: Non-conforming signs A through D shall be limited to the advertising of a maximum number of twelve (12) tenants per sign. (BLDG. PERMIT BLDG-Zoning) (Previous Condition G.3 of Resolution R , Control No ) (BLDGPMT: BUILDING DIVISION - Zoning) Is hereby deleted. [REASON: Can not regulate content of signs.] 4. Previous SIGNS Condition 4 of Resolution R , Control No , which currently states: Prior to final DRC certification of the site plan, the existing overall dimensions, sign face area, and heights of the four (4) freestanding non-conforming signs A through D shall be submitted in accordance with Condition F.2. (DRC: ZONING Zoning) (Previous Condition G.4 of Resolution R , Control No ) Is hereby amended to read: Prior to final DRC certification of the site plan, the existing overall dimensions, sign face area, and heights of the four (4) freestanding non-conforming signs A through D shall be provided on the Master Sign Program (DRO: ZONING - Zoning) 5. Replacement, relocation or renovation of all other signs shall be in accordance with the ULDC. (BLDGPMT/ONGOING: BUILDING DIVISION - Zoning) (Previous SIGNS Condition 5 of Resolution R , Control No ) UTILITIES 1. The Property Owner shall dedicate the non-exclusive utility easements necessary to provide water utilities services for a proposed building prior to the release of the water meter for the building being serviced. (BLDGPMT/CO: PBC WATER UTILITIES - PBC Water Utilities) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject ZC March 3, 2016 Page 337

19 property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC March 3, 2016 Page 338

20 Figure 1 - Land Use Map ZC March 3, 2016 Page 339

21 Figure 2 - Zoning Map ZC March 3, 2016 Page 340

22 Figure 3 Aerial ZC March 3, 2016 Page 341

23 Exhibit 4 Preliminary Site Plan Dated January 14, 2016 ZC March 3, 2016 Page 342

24 Exhibit 5 Preliminary Regulating Plan Dated December 28, 2015 ZC March 3, 2016 Page 343

25 Exhibit 6 Preliminary Alternative Landscape Plan Dated December 28, 2015 ZC March 3, 2016 Page 344

26 Exhibit 7- Preliminary Master Sign Plan Dated November 23, 2015 ZC March 3, 2016 Page 345

27 Figure 9 - Preliminary Architectural Elevations Building 1 (General Retail) Dated October 23, 2015 ZC March 3, 2016 Page 346

28 Figure 10 - Preliminary Architectural Elevations Building 2 (Type II Restaurant) Dated October 23, 2015 ZC March 3, 2016 Page 347

29 Figure 11 - Preliminary Architectural Elevations Building 8 (Type I Restaurant) Dated October 23, 2015 ZC March 3, 2016 Page 348

30 Figure 12 Approved Site Plan Dated December 11, 2013 ZC March 3, 2016 Page 349

31 Exhibit D: Disclosures ZC March 3, 2016 Page 350

32 ZC March 3, 2016 Page 351

33 ZC March 3, 2016 Page 352

34 ZC March 3, 2016 Page 353

35 ZC March 3, 2016 Page 354

36 ZC March 3, 2016 Page 355

37 ZC March 3, 2016 Page 356

38 ZC March 3, 2016 Page 357

39 Exhibit E: Applicant s Justification ZC March 3, 2016 Page 358

40 ZC March 3, 2016 Page 359