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/CA Control No.: Applicant: Rocker Real Estate, Inc Owners: Rocker Real Estate, Inc Agent: Land Design South, Inc. - Jennifer Vail Telephone No.: (561) Project Manager: Carol Glasser, Site Planner II Location: Approximately 800 feet east of Congress Avenue on the north side of Northlake Boulevard (South Gardens Donuts) TITLE: a Type II Variance - Concurrent REQUEST: to allow 100% easement overlap in a right-ofway buffer, to allow extended hours of operation for a commercial property adjacent to a residential property TITLE: a Class A Conditional Use REQUEST: to allow a Type I Restaurant APPLICATION SUMMARY: Proposed is a Class A Conditional Use to allow a Type I Restaurant with a drive through for the 0.60-acre South Gardens Donuts (f.k.a Northlake Boulevard; and, f.k.a. Wayne Tucker & Steve Ross Auto Sales Facility) development. The subject site was last approved by the Board of County Commissioners (BCC) for a legislative abandonment of the previously approved Vehicle Sale, Rental and Repair Facility use. The subject site was last approved by the Development Review Officer (DRO) for a Type I Restaurant without a drive through in the existing building. The applicant is requesting a Class A Conditional Use to allow a drive through for the Type I Restaurant use. The change to the Preliminary Site Plan indicates 16 parking spaces and 1 access point from Northlake Boulevard. ISSUES SUMMARY: o Project History On March 28, 1985, the BCC approved Resolution R F to allow a rezoning from the Residential Multiple Family (RM) Zoning District to the General Commercial (CG) Zoning District. On January 29, 1988, the BCC approved Resolution R for a Special Exception to permit a commercial, new and used, automobile, truck, boat, motorcycle, mobile home, recreational vehicle sale and rental and repair facilities and lots on the subject parcel. On February 23, 2012, the BCC approved Resolution R for the legislative abandonment of the Special Exception for the Wayne Tucker & Steve Ross Auto Sales Facility (a.k.a. Enterprise Rent- A-Car). On March 6, 2012, the DRO approved Exhibit 44 of the Final Site Plan to allow a Type I Restaurant use in the existing building without a drive-through (Figure 6). BCC January 3, 2013 Page 250

2 o Consistency with Comprehensive Plan The Planning Division has found the request consistent with the Commercial High, with an underlying High Residential, 8 units per acre (CH/8) land use designation of the Palm Beach County Comprehensive Plan. o Compatibility with Surrounding Land Uses NORTH: FLU Designation: High Residential, 12 units per acre Zoning District: Multifamily Residential High Density (RH) Supporting: Mobil Home Park, Hilltop Park (Plat BK 26, PG 138) EAST: FLU Designation: CH/8 Zoning District: CG Supporting: Convenience store with gas sales, Lake Park Royal Mart aka Texaco (Control No ) WEST: FLU Designation: CH/8 Zoning District: CG Supporting: Auto Repair Facility and Carwash, (aka Jiffy Lube Control No ) SOUTH: FLU Designation: Town of LakePark Zoning District: Town of LakePark Supporting: General Retail (Staples) and Fast Food Restaurant (Chick-fil-A) The existing right-of-way buffer along the north property line was designed to protect the existing Mobile Home Park (Hilltop Park) and residential area to the north from the previous vehicular sales, rental and repairs use, prior to the adoption of the Northlake Boulevard Overlay Zone Design Guidelines. Subject to the Conditions of Approval, staff does not anticipate any significant incompatibility issues as a result of this request. o Northlake Boulevard Overlay Zone (NBOZ) The subject site is within the NBOZ and is subject to compliance with the Northlake Boulevard Overlay Zoning District Design Guidelines dated March 11, 2002 for the proposed use. The applicant has provided a revised site plan that demonstrates proper functioning of the site as related to vehicular stacking, circulation and turning movements and adequate buffering from residential areas. The existing landscaping and signage is non-conforming to the requirements of the NBOZ and are required to be in compliance with the guidelines by May Subject to the recommended Conditions of Approval, the proposed Type I Restaurant with a drive-through meets the NBOZ requirements for appropriate location. o Landscape/Buffering The ULDC requires a 15 foot right-of-way buffer along the north property adjacent to Mango Lane and a 20 foot ROW buffer along Northlake Boulevard. The landscape buffers exist, at a width of 10 feet on Mango Lane and 15 feet on Northlake Boulevard. Additionally, a 6-foot high wall is located within the buffer adjacent to Mango Lane, less than 10 feet from the property line. The existing non-conforming landscaping must be brought into conformance with the NBOZ Design Guidelines by May 31, All property owners in the NBOZ will be notified of this requirement via certified letter by May 31, 2013 pursuant to Art. 3.B.8.E.1. The NBOZ allows a Waiver from the landscaping requirements to be granted upon demonstration that the requirements will substantially restrict the operation of the existing business or the property's use. A Waiver or Type II Variance, as BCC January 3, 2013 Page 251

3 applicable, would be required for the wall location to be less than 10 feet from a ROW line as required by the ULDC or the NBOZ. Conditions of Approval have been included to ensure the property owner complies with the Guidelines or obtains the necessary variances and waivers. o Signs The existing 20-foot high non-conforming pole sign (Figure 5) is required to be brought into conformance with the NBOZ Design Guidelines or be removed by May 31, Per the NBOZ requirements for Signage, the Freestanding Sign will be limited to 8 feet in height. Conditions of Approval have been included to ensure the property owner complies with the Guidelines or obtains the necessary variances and waivers. o Architectural Review The existing non-conforming structure may be maintained, renovated, repaired, and expanded in accordance with Tables 1.F.1.F. and 1.F.1.G. and in compliance with the Architectural Elements of the NBOZ to the greatest extent possible in order to add the drive-through facility to the Type I Restaurant. Any future renovation, addition, or redevelopment of the existing structure exceeding the limitations of Art. 1, will be required to conform to 100% of the NBOZ Regulations. o Variance On December 19, 2012, the Zoning Commission approved the following Type II Variances: ULDC REQUIRED PROPOSED VARIANCE Business activities within 250 feet of a residential 2:00 AM to 11:00 PM (21 district to continue from hours) 6:00 AM to 11:00 PM (18 +4 Hours Hours) V.1. 3.D.3.A.2.a Commercial Hours of Operation V.2. Art. 7.D.12 Landscape- Easement Overlap V.3. Art. D.12. Landscape- Easement Overlap Maximum 5-foot easement overlap within required buffer, with a minimum of 5 feet clear for planting Maximum 5-foot easement overlap within required buffer, with a minimum of 5 feet clear for planting 10-foot easement overlap (100%) of the landscape buffer along the North property line with no clear area for planting. 12-foot easement overlap of the landscape buffer along the south property line with 3-feet clear area for planting 10 feet 7 feet Article 3.D.3.A.2.a. Hours of Operation Commercial uses located within 250 feet of a residential district shall not commence business activities, including deliveries and stocking, prior to 6:00 AM nor continue business activities later than 11:00 PM daily. The Zoning Commission approved a Type II Variance to allow an additional 4 hours for morning operations subject to Conditions of Approval. Employees (bakers) may begin work inside the building at 2:00 AM and open for patrons at 5:00 AM. However, the proposed drive through that is located in the closest proximity to the residential uses shall not open until 6:00 AM and shall close by 10:00 PM. Article Art. 7.D.12. Easement Overlap. The ULDC allows easements to overlap a required landscape buffer by a maximum of 5 feet, provided there remains a minimum of 5 clear feet for planting. o Zoning Commission (ZC) Hearings At the November 8, 2012 ZC hearing, the applicant s request for a postponement carried by a vote of 8-0. At the December 19, 2012 ZC hearing, this application was on the regular agenda. Zoning Staff and Land Development staff gave brief presentations. The applicant presented the project's history and BCC January 3, 2013 Page 252

4 indicated objection to Engineering Conditions of Approval 1 and 2 to relocate the access point and provide a right-turn lane. Two members of the public spoke in opposition citing concerns of noise, air pollution, insufficient queuing, current hours of operation violations, and traffic speeding on Northlake Boulevard. Zoning Commissioner Sherry Hyman indicated an appreciation of staff s presentation; however, did not feel the turn lane was warranted and recommended Engineering Conditions 1 and 2 be removed. The motion to approve the Type II Variances subject to the Conditions of Approval as indicated in Exhibit C-1 carried by a vote of 7-0. The motion to recommend approval of the Class A Conditional Use subject to the Conditions of Approval in Exhibit C-2 with the exception of Engineering Conditions 1 and 2 carried by a vote of 7-0. TABULAR DATA Property Control Number(s) Land Use Designation: EXISTING Same Commercial High, with an underlying High Residential, 8 units per acre (CH/8) Same PROPOSED Zoning District: General Commercial (CG) Same Tier: Urban/Suburban Same Use: Type I Restaurant without a drive through Type I Restaurant with a drive through Acreage: 0.60 acres Same Intensity: 1,466 square feet (SF) 1,732 SF including outdoor dining (+266 SF) Parking: 27 spaces 16 spaces (-11 spaces) Access: Northlake Boulevard (1) Northlake Boulevard (1) PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 6 contacts from the public to clarify the location; 2 contacts in support; and, 3 contacts in opposition citing concerns of noise, loading operations blocking Northlake Boulevard, vehicle pollution (emissions and headlights), and hours of operation violations. RECOMMENDATION: Staff recommends approval of the Class A Conditional Use subject to 9 Conditions of Approval as indicated in Exhibit C-2. ACTION BY THE ZONING COMMISSION: November 8, 2012: Motion to postpone carried by a vote of 8-0. December 19, 2012: Motion to approve the Type II Variances as advertised carried by a vote of 7-0. Motion to recommend approval of the Class A Conditional Use subject to the Conditions of Approval as indicated in Exhibit C-2 excepting the deletion of Engineering Conditions 1 and 2 carried by a vote of 7-0. MOTION: To adopt a resolution approving a Class A Conditional Use to allow a Type I Restaurant subject to the Conditions of Approval as indicated in Exhibit C-2. BCC January 3, 2013 Page 253

5 Figure 1 Land Use Map BCC January 3, 2013 Page 254

6 Figure 2 Zoning Quad Map BCC January 3, 2013 Page 255

7 Figure 3 Aerial BCC January 3, 2013 Page 256

8 Figure 4 Preliminary Site Plan dated November 13, 2012 BCC January 3, 2013 Page 257

9 Figure 5 Preliminary Regulating Plan dated July 23, 2012 BCC January 3, 2013 Page 258

10 Figure 6 Final Site Plan dated February 24, 1988 BCC January 3, 2013 Page 259

11 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High with an underlying High Residential 8 units per acre (CH/8). TIER: The subject site is in the Urban-Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is within the future annexation area of the Village of North Palm Beach. INTERGOVERNMENTAL COORDINATION: The subject site is within one mile of the Town of Lake Park, the City of Palm Beach Gardens, and the Village of North Palm Beach. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Class A Conditional Use in an existing 1,507 square foot building. The requested use is for a Type I Restaurant with a drive-thru and 225 square feet of outdoor dining area. The proposed changes and the resulting intensity are consistent with the CH/8 FLU designation. The maximum Floor Area Ratio (FAR) of.35 is allowed with the CH FLU designation in the Urban/Suburban Tier when not developing as a Planned Development District (0.60 ac x 43,560 x.35 = 9,147 square feet maximum). The request equates to a FAR of approximately 0.06 (1,507/26,187 square feet = 0.057). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The request is located within the Northlake Boulevard Corridor Overlay as depicted on Map Series Map 3.1 Special Planning Areas. The Overlay is implemented in the ULDC under Article 3.B.8. FINDINGS: The request is consistent with the CH/8 land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for modifications to the access onto Northlake Boulevard. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for this request. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site 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 BCC January 3, 2013 Page 260

12 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis is needed for this request. PARKS AND RECREATION: No Staff Review Analysis is needed for this request. CONCURRENCY: Concurrency has been approved for 1,507 square feet of Type I Restaurant use with 225 square feet of outdoor dining and a drive through. WATER/SEWER PROVIDER: Seacoast Utility Authority (SUA) FINDING: The proposed Class A Conditional Use complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider standards 1 8 indicated below. A Conditional or Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The Planning Division has found the request consistent with the CH/8 land use designation of the Palm Beach County Comprehensive Plan. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The proposed Type I Restaurant with a drive-through complies with the Supplementary Use Standards as amended by Ord effective on August 31, Specifically, the drivethrough lane is screened by a wall where the drive-through lane runs parallel to a street along the north property line. Review of the abutting developed commercial sites to the east and west indicates that no opportunity exists for cross access. The site has continuous vehicular circulation and is limited to only 1 access point. The applicant submitted Landscape Plans with this Conditional Use application and will be required to submit final Landscape Plans at time of building permit. The subject site is within the NBOZ and is subject to compliance with the Northlake Boulevard Overlay Zoning District Design Guidelines dated March 11, 2002 for the proposed use. Specifically, the BCC must make a finding that the Type I Restaurant with a drive through is appropriately located based on the following findings: BCC January 3, 2013 Page 261

13 1) Proper functioning of the site as related to vehicular stacking, circulation and turning movements; 2) Adequate buffering from residential uses; and 3) Provision of adequate ingress, egress and access. Engineering Conditions 1 and 2 are recommended for proper vehicular stacking, ingress, and egress. Landscape Condition 1 and Use Limitations 1 are recommended for adequate buffering. Subject to the recommended Conditions of Approval, the proposed Type I Restaurant with a drive-through will meet the NBOZ requirements for appropriate location. 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 existing right-of-way buffer along the north property line was designed to protect the existing residential area to the north from a the previous vehicular sales, rentals and repairs use, which is a commercial use that is similarly as intense as the proposed Type I Restaurant with a drive-through. Subject to the Conditions of Approval, staff does not anticipate any significant incompatibility issues as a result of this request. 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 is proposing minimal changes to the existing building. The building addition for the point of service for the drive-through is to the west, which is adjacent to commercial. The proposed Class A Conditional Use to allow a Type I Restaurant with a drive-through is of similar intensity as the previously approved Special Exception for Vehicle Sales, Rentals, and Repairs use. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. The Preliminary Site Plan for the Type I Restaurant with a drive-through provides an increase, albeit minor, in pervious area of the site. Engineering Condition of Approval 3 is also recommended to require the project's stormwater management system to be designed to address any historical drainage. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposed use will not alter the established development pattern in the vicinity and will provide a logical and orderly redevelopment of the site. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Concurrency has been approved for 1,507 square feet of Type I Restaurant with 225 square feet of outdoor dining (1,732 square feet total) and a drive-through. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The subject site had been vacant for some time when the previous use was legislatively abandoned via Resolution R approved by the BCC on February 23, The applicant identified the need for a drive-through in conjunction with the recently approved Type I Restaurant (Dunkin Donuts). Ord (ULDC Amendments Round ) amended the design criteria for an exemption from the location of a Type I Restaurant with a drive-through. The proposed Type I Restaurant with a drive-through meets the requirements of Ord , as amended Supplement 13. BCC January 3, 2013 Page 262

14 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 DOA request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended conditions of approval as indicated in Exhibit C-2. BCC January 3, 2013 Page 263

15 CONDITIONS OF APPROVAL EXHIBIT C-2 Conditional Use Class A ALL PETITIONS 1. The approved Preliminary Site Plan is dated November 13, 2012 and the approved Prelimary Regulating Plan is dated July 23, 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) 2. Prior to May 1, 2014, the Property Owner shall comply with the landscaping and signage requirements of the Northlake Boulevard Overlay Zone (NBOZ). This condition shall not prohibit the Property Owner from obtaining a Variance or a Waiver to deviate from the NBOZ requirements. (DATE: MONITORING - Zoning) ENGINEERING 1. The Property Owner shall relocate the project driveway to within 25 feet of the western property line to align with the existing onsite drive aisle and shall construct an east approach right turn lane with the length, taper and driveway location as approved by the County Engineer but such that no right of way acquisition from adjacent parcels is required. Any and all costs associated with this construction shall be paid by the Property Owner and shall include, but are not limited to, any required utility relocations. a. The Property Owner shall revise the site plan to show the driveway relocation, conceptual layout of the turn lane and any necessary right of way conveyance from the subject property prior to final DRO approval. (DRO: ENGINEERING-Eng) b. Construction of the required improvements shall be completed prior to issuance of a Certificate of Completion for the drive thru window. (CC: MONITORING-Eng) 2. The property owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer to allow for construction of the right turn lane required in Condition E1. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first Certificate of Completion or within ninety (90) days of a request by the County Engineer, whichever shall occur first. Right of way conveyance shall be along the entire frontage and shall be free and clear of all encroachments and encumbrances. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments, including a topographic survey. The Grantor must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney's fees as well as the actual cost of the clean up. Thoroughfare Plan Road right of way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include, where appropriate as determined by the County Engineer, additional right of way for Expanded Intersections and Corner Clips. The Property Owner shall not record these required deeds or related documents. Palm Beach County will prepare a tax pro-ration. A check, made payable to the Tax Collector's Office, shall be submitted by the property owner for the pro-rated taxes. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (CC/ONGOING: MONITORING-Eng) BCC January 3, 2013 Page 264

16 3. The property owner shall provide an acceptable drainage study identifying any historical drainage from offsite parcels, including proposed grading cross sections. The project's stormwater management system shall be designed to address any historical drainage. The property owner shall provide drainage easements, as required, to accommodate offsite drainage. a. Drainage study shall be provided to the Land Development Division prior to final approval of the Site Plan by the DRO. (DRO: ENGINEERING-Eng) b. Any required drainage easements shall be dedicated in conjunction with any required legal lot creation or recorded prior to issuance of the first building permit, whichever shall occur first. (PLAT/BLDG PERMIT: MONITORING-Eng) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE NORTH PROPERTY LINE 1. If the existing concrete slat wall is replaced, a concrete panel wall with a minimum height of six (6) feet must be provided to ensure continued buffering of the loading zone and the menu board activities from the residential area. The wall shall be: a. subject to Architectural Review approval to ensure compatibility with the surrounding area and enhance the appearance of the local community; b. setback a minimum of five (5) feet from the property line to protect the existing six (6) mahogany trees and reduce the non-conformity of the wall setback; c. installed simultaneously with the installation of a root barrier system for the existing mahogany trees to prevent root damage to the adjacent public sidewalk; and, d. a hedge a minimum height of two (2) feet shall be planted on both sides of the wall. (BLDG PERMIT: LANDSCAPE - Zoning) USE LIMITATIONS 1. Deliveries and the drive-through lane hours shall be limited to 6:00 AM to 9:00 PM daily. (ONGOING: CODE ENF - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: MONITORING - Zoning) BCC January 3, 2013 Page 265

17 EXHIBIT D: Disclosures BCC January 3, 2013 Page 266

18 BCC January 3, 2013 Page 267

19 BCC January 3, 2013 Page 268

20 BCC January 3, 2013 Page 269