PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Transcription

1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ZV/CB/Z/CA Application Name: Speedy Tires Control No.: Applicant: Chinhoi of The Palm Beaches LLC Owners: Chinhoi of The Palm Beaches LLC Agent: PLACE Planning & Design - Corey O Gorman Telephone No.: (561) Project Manager: Roger Ramdeen, Senior Site Planner TITLE: a Type II Variance REQUEST: to allow a reduction in building frontage and an increase in the build-to line setback. TITLE: a Class B Conditional Use REQUEST: to allow a Car Wash. TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Neighborhood Commercial (CN) and the Residential Multi-family (RM) Zoning Districts to the General Commercial (CG) Zoning District. TITLE: a Class A Conditional Use REQUEST: to allow General Repair and Maintenance. APPLICATION SUMMARY: Proposed are two Type II Variances, an Official Zoning Map Amendment, a Class A Conditional Use, and a Class B Conditional Use for Speedy Tires. The acre parcel had a previous Development Order approval in 1957 through the issuance of a building permit to construct a Gas Station which has been abandoned; however, the service bays remain in operation today. The Applicant is requesting to rezone the property from the Neighborhood Commercial (CN) and the Residential Multi-family (RM) Zoning Districts to the General Commercial (CG) Zoning District; and, two Type II Variances to reduce the building frontage from 60% to 23% and to allow an increase to the build-to line setback from 25 feet (ft.) to 119 ft. for the General Repair and Maintenance building. The request is for the redevelopment of the site, which includes a 6,000 square foot (sq. ft.) General Repair and Maintenance, a 1,500 sq. ft. Car Wash, and a 900 sq. ft Type I Restaurant that includes 300 sq. ft. of outdoor seating area. The Preliminary Site Plan indicates two buildings totaling 8,400 sq. ft., 28 parking spaces, and one access point from Congress Avenue. SITE DATA: Location: The east side North Congress Avenue at the intersection of Cherry Road. Property Control Number(s) ; ; Existing Land Use Designation: Commercial High, with an underlying HR-8 (CH/8) Proposed Land Use Designation: No proposed change Existing Zoning District: Neighborhood Commercial District (CN) and Multi-Family Residential (Medium Density) District (RM) Proposed Zoning District: General Commercial (CG) Acreage: 2.61 acres Tier: Urban/Suburban Overlay District: Westgate Community Redevelopment Area Overlay (WCRAO) Sub-area: Urban General (UG) Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile City of West Palm Beach Future Annexation Area City of West Palm Beach RECOMMENDATION: Staff recommends approval of the requests subject to 1 Condition of Approval as indicated in Exhibit C-3; and 9 Conditions of Approval as indicated in Exhibit C-4. ACTION BY THE ZONING COMMISSION: On November 3, 2016, this item was on the Consent Agenda. No one from the public was present to speak on the item. The ZC approved the Type II BCC December 7, 2016 Page 3

2 Variances and the Class B Conditional Use and made a recommendation of approval for the Rezoning and the Class A Conditional Use by a vote of 8-0. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 1 contact in opposition from the public regarding this project. The opposition was related to traffic. PROJECT HISTORY: A previous Development Order approval was granted in 1957 through the issuance of a building permit to construct an Auto Service Station. The gas station component of the Auto Service Station was subsequently abandoned; however, the repair and maintenance is still operational as an exisitng non-conforming use. SURROUNDING LAND USES: NORTH: FLU Designation: Commercial High (CH) with underlying High Density Residential 8 units/acre (HR- 8) (CH/8) Zoning District: General Commercial (CG) Supporting: Commercial (Congress Business Park, Control No ) SOUTH: FLU Designation: Commercial High (CH) with underlying High Density Residential 8 units/acre (HR-8) (CH/8) Zoning District: Neighborhood Commercial (CN) Supporting: Vacant Commercial (David Needle, Control No ) FLU Designation: Commercial High (CH) with underlying Medium Residential 5 units/acre (MR-5) (CH/5) Zoning District: Neighborhood Commercial (CN) and Multifamily Residential (RM) Supporting: Vacant Residential (No Control Number) FLU Designation: Commercial High (CH) with underlying Medium Residential 5 units/acre (MR-5) (CH/5) Zoning District: Neighborhood Commercial (CN) and Multifamily Residential (RM) Supporting: Residential (No Control Number) EAST: FLU Designation: High Residential 8 units/acre (HR-8) Zoning District: Multifamily Residential (RM) Supporting: Residential (Riviera Colony, Control No ) WEST: FLU Designation: Institutional Zoning District: Multifamily Residential (RM) and Residential High Density (RH) Supporting: Public and Civic (Belvedere Baptist Church, Control No ) FLU Designation: Commercial High (CH) with underlying Medium Residential 5 units/acre (MR-5) (CH/5) Zoning District: General Commercial (CG) Supporting: Commercial (Jack Mason, Control No and ) TYPE II VARIANCE SUMMARY: The following variances were approved by the ZC on November 3, ULDC Article Required Proposed Variance (V1) 3.B.14.F Table 3.B.14.F - WCRAO Sub-area PDRs Minimum Building Frontage: 60% Minimum Building Frontage: 23% (V2) 3.B.14.F.2.a - Buildto Line All main structures shall be constructed at the build-to line of ten feet (ft.) to 25 ft. Allow a main structure to be constructed 94 ft. from the build-to line. Reduction in the Minimum Building Frontage: -37% Allow an increase of the build-to line from 25 ft. to 119 ft. (+94 ft.). BCC December 7, 2016 Page 4

3 FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An Amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. o Consistency with the Comprehensive Plan: The amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Special Overlay District/Neighborhood Plan/Planning Study Area: The property is located within the Revitalization, Redevelopment and Infill Overlay (RRIO), the Westgate/Belvedere Homes Community Redevelopment Area Overlay (WCRAO), and Urban Redevelopment Area (URA) and the Westgate CCRT Area. The Applicant met with the CRA and provided a letter dated August 4, 2016 approving the request. However, the CRA recommends landscaping to include small shrubs to improve and enhance the overall project while providing screening in the northeast corner. Additionally, they recommend exempting the smaller car wash / restaurant from screening the loading space. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. The proposed request to allow a rezoning from the from the CN and the RM Zoning Districts to the CG Zoning District to allow for the redevelopment of the site for a Car Wash, General Repair and Maintenance, and a Type I Restaurant, is consistent with the applicable provisions of the Code. The site is located along Congress Avenue which is a major corridor within the Westgate area. With a CH FLU and the location along this major corridor, the CG Zoning District is consistent and the most appropriate for the property. 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The proposed amendment is compatible, and generally consistent with the surrounding zoning districts, and is the appropriate zoning district for the parcel of land. As stated above, the property is located on Congress Avenue which has existing commercial uses. This portion of Congress Avenue located between Okeechobee Boulevard and Belvedere Boulevard is developed with high intensity commercial uses such as gas stations, a university, retail, professional offices and vehicle sales to the north while to the south there is the Palm Beach Kennel Club, office buildings and retail uses. In addition, this corridor continues to be a highly travelled road since it directly accesses the Palm Beach International Airport to the south. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. The amendment will not result in adverse impacts on the environment. The property was previously developed and additional plant material will be installed in the proposed landscape buffers. As such, the proposed rezoning will not have an adverse impact on the natural environment. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. BCC December 7, 2016 Page 5

4 The proposed rezoning will result in a logical, orderly, and timely development pattern and should have no impact on the development patterns in the area. The site had a previous Development Order approval in 1957 through the issuance of a building permit to construct a Gas Station which has been abandoned; however, the service bays remain in operation today. The rezoning request will allow the subject site to be consistent with the requested Land Use designation. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. The proposed rezoning complies with Article 2.F. of the ULDC, Concurrency (Adequate Public Facility Standards) and does not create any additional impact on public facilities. 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The Applicant is requesting to rezone the subject property from from the CN and the RM Zoning Districts to the CG Zoning District to allow for the redevelopment of the site for a Car Wash, General Repair and Maintenance and a Type I Restaurant. These are demonstrated changed conditions or circumstances that necessitate the amendment. 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 is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Intensity: The maximum Floor Area Ratio (FAR) of.35, without a Planned Development designation (PDD), is allowed for a commercial project with the CH/8 FLU designation in the Urban Suburban Tier (113,648 surveyed square feet x.35 maximum FAR = 39,776.8 square feet maximum). The request for a total of 7,500 square feet equates to a FAR of approximately 0.07 (7,500 / 113,648 surveyed square feet or 2.61 acres = 0.065). o Interconnectivity: Policy h requires inter-connectivity in the URA between complementary neighboring land uses for both vehicular and pedestrian cross access. The site plan contains a vehicular and pedestrian cross access on the southwest portion of the site and a proposed connection to the north should the adjacent site redevelop in the future. o Special Overlay District/ Neighborhood Plan/Planning Study Area: The property is located within the Revitalization, Redevelopment and Infill Overlay (RRIO), the Westgate/Belvedere Homes Community Redevelopment Area Overlay (WCRAO), and Urban Redevelopment Area (URA) and the Westgate CCRT Area. The Applicant met with the CRA and provided a letter dated August 4, 2016 approving the request. However, the CRA recommends landscaping to include small shrubs to improve and enhance the overall project while providing screening in the northeast corner. Additionally, they recommend exempting the smaller car wash / restaurant from screening the loading space. 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. BCC December 7, 2016 Page 6

5 The request for a Class A Conditional Use to allow General Repair and Maintenance and a Class B Conditional Use to allow a Car Wash is consistent with the Code. Any existing or proposed issues with regard to use, layout, function, or general development characteristics, have been addressed through Conditions of Approval. The request also includes a 900 sq. ft Type I Restaurant that includes 300 sq. ft. of outdoor seating area. This request requires Development Review Officer (DRO) approval and will be processed as part of the Final DRO application review process. The Applicant has stated that the intent of the Type I Restaurant is to serve the patrons waiting for their vehicles while it is being serviced in the repair bays. General Overall Site o Architectural Review: The Applicant has indicated that compliance with Architectural Design will be determined at the time of submittal for the building permits; therefore, compliance with Article 5.C. is not required at this time. o Phasing: The Applicant has indicated that the project will be constructed in two phases to allow the continued operation of the existing service bays while the new building is being constructed. Once a Certificate of Occupancy is issued for the new building, the business operations can be transferred to the new building and the proposed improvements for the existing building can commence. o Parking and Loading: The PSP indicates a total of 28 parking spaces required and 28 parking spaces being provided. The General Repair and Maintenance component requires 1 parking space/250 sq. ft. (24 spaces for 6,000 sq. ft.), the Type I Restaurant requires 1 space/3 seats (4 spaces for 12 seats), and the Car Wash requires 1 parking space/200 sq. ft. office, retail or indoor seating area (0 spaces, since there is no office, retail or indoor seating areas associated with the Car Wash). It should be noted that the Applicant has stated that the intent of the Car Wash component is accessory to the General Repair and Maintenance use. The patrons having their cars serviced can opt to have their cars washed and detailed on site. Two loading spaces are required and two are proposed. The Code requires screening of loading zones visible from the ROW unless the Applicant receives an exemption from the WCRAO Executive Director. There is a single loading zone that is visible from the ROW; however, the Applicant has received the allowed exemption from the WCRAO Executive Director (Exhibit E). o Landscaping: The PSP indicates the 20 ft. ROW Buffers to the west along North Congress Avenue and Old Congress Avenue, the five ft. Compatibility Buffer to the north and a portion to the south and the 15 ft. Incompatibility Buffers to the east and a portion of the south where adjacent to the residential uses. Since there is an existing single family home directly abutting to the south and residential uses to the east of the site, Staff has included Conditions of Approval requiring an increase in the Incompatibility Buffer from 15 ft. to 20 ft. with additional planting materials in these locations. This is an effort to further reduce any incompatibility issues between the proposed commercial use expansions from the existing residential uses. o Signage: The PSP indicates one freestanding sign and the details are in accordance with the requirements of Article 8. General Repair and Maintenance o Setbacks: The General Repair and Maintenance building and the service bay doors are not located within 100 ft. to any residential districts or residential structures. Car Wash o Location Criteria: The proposed Car Wash complies with the Location Criteria as outlined by the Code. As mentioned above, the Applicant has stated that the Car Wash will be primarily used by the patrons having their vehicles serviced should they opt for the car wash/detail service. Type I Restaurant o Approval Process Exceptions: The Applicant is proposing a 900 sq. ft. (inclusive of 300 sq. ft. of outdoor seating) Type I Restaurant without a drive through. This request requires Development Review Officer (DRO) approval and will be processed as part of the Final DRO application review process and the Applicant will be responsible for the applicable DRO review fees which will be collected at that time. BCC December 7, 2016 Page 7

6 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 redevelopment will not create any compatibility issues with the surrounding properties and uses. As mentioned above, the site was previously developed with a Gas Station which has been abandoned; but the service bays remain in operation today. The redevelopment includes the addition of similar type uses including a Car Wash, General Repair and Mainteneace and a Type I Restaurant. 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The proposed request does not visually impact the surrounding uses as the modifications will not impact the external appearance of the site. Additionally, any existing or proposed issues with regard to compatibility have been addressed through the required perimeter landscaping buffers. 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 was previously cleared for the existing structures. Native trees that are removed for the final site plan shall be mitigated on the site. 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 proposed redevelopment of the subject property is consistent with the development pattern of the area and will result in a logical, timely and orderly development pattern. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS The build-out of the project is assumed to be December 31, Net new traffic from the existing development is 26 daily and 4 during the PM peak hour. The proposed change on the site is expected to increase the daily trips by 272 and 29 during the PM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards, since the project impacts would be insignificant. The site is located in a Traffic Concurrency Exception Area. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Traffic volumes are per hour Segment: Congress Ave from Westgate Ave to Belvedere Rd BCC December 7, 2016 Page 8

7 Existing count: Northbound=826, Southbound=913 Background growth: Northbound=342, Southbound=250 Project Trips: Northbound=8, Southbound=8 Total Traffic: Northbound=1176, Southbound= 1171 Present laneage: 2 in each direction Assured laneage: 2 in each direction LOS D capacity: 1770 in each direction Projected level of service: Northbound=LOS D or better, Southbound= LOS D or better The Property Owner shall configure the property into a legal lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. The Property Owner shall dedicate an additional ten (10) feet of right of way for Congress Avenue, prior to the application of a Building Permit. 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 Right of Way Permit from the Palm Beach County Engineering Department, Permit Section, for access onto or work within Congress Avenue. PALM BEACH COUNTY HEALTH DEPARTMENT: The application has been reviewed by the Health Department and meets the requirements at this time. Future permitting may be necessary at time of building permit. FIRE PROTECTION: The proposed request has been reviewed by the Fire Department and there are no issues at this time. SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency. PARKS AND RECREATION: Staff has reviewed the request and it is not subject to the requirements of the Parks and Recreation Department. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The proposed redevelopment is appropriate for the subject property and is encouraged for properties located within the WCRAO. The purpose and intent of the overlay is to encourage and enhance investment while providing neighborhood stability and assist revitalization and rehabilitation of older commercial development like the subject site. CONCLUSION: Staff has evaluated the standards listed under Article 2.B. 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 requests. 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 Exhibits C-1, C-2, C-3 and C-4. BCC December 7, 2016 Page 9

8 CONDITIONS OF APPROVAL Exhibit C-1 Type II Variance - Concurrent VARIANCE 1. This Variance is approved based on the layout as shown on the Preliminary Site Plan dated July 25, Only minor modifications by Board of County Commissioners or Development Review Officer shall be permitted provided the changes are consistent with this plan. (ONGOING: ZONING - Zoning) 2. The Development Order for this Variance shall be tied to the Time Limitations of the Development Order for ZV/CB/Z/CA (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. (ONGOING: ZONING - Zoning) 4. Prior to the submittal for Final Approval by the Development Review Officer (DRO), the approved Variance shall be shown on the Preliminary Site Plan in a variance chart. (ONGOING: ZONING - Zoning) 5. 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) 6. 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) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC December 7, 2016 Page 10

9 Exhibit C-2 Conditional Use Class B Car Wash CONDITIONS OF APPROVAL ALL PETITIONS 1. The approved Preliminary, Regulating and Phasing Plans are dated July 25, 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) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (BLDGPMT/DATE: MONITORING - Engineering) 2. Prior to the issuance of the first building permit, the Property Owner shall configure the property into a legal lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 3. The Property Owner shall provide to the Palm Beach County Right of Way Acquisition Section of Roadway Production Division a road right of way deed and all associated documents as required by the County Engineer for Congress Avenue, ten (10) feet additional right of way for a total of sixty (60) feet, measured from centerline of the proposed right of way, on an alignment approved by the County Engineer All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. 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 Property Owner must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Property Owner, the Property Owner agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney's fees as well as the actual cost of the clean up. 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. (BLDGPMT: MONITORING - Engineering) LANDSCAPE - PERIMETER SOUTH AND EAST PROPERTY LINES INCOMPATIBILITY BUFFER 1. In addition to Code requirements, the Incompatibility Buffer where adjacent to the residential uses along the south and east property lines shall be upgraded to include: a) a minimum of twenty (20) feet in width; b) one (1) canopy tree for each fifteen (15) feet of the property line. Trees to be planted in a staggered pattern; and, c) a six (6) foot high opaque hedge. BCC December 7, 2016 Page 11

10 SITE DESIGN 1. Prior to Final Approval by the Development Review Officer (DRO), the Property Owner shall revise the Final Site and Regulating Plans to be consistent with the Landscape Perimeter Condition 1. (DRO: ZONING - 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: 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 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. BCC December 7, 2016 Page 12

11 CONDITIONS OF APPROVAL Exhibit C-3 Official Zoning Map Amendment DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. BCC December 7, 2016 Page 13

12 CONDITIONS OF APPROVAL Exhibit C-4 Conditional Use Class A - General Repair and Maintenance ALL PETITIONS 1. The approved Preliminary Site, Regulating and Phasing Plans are dated July 25, 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) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (BLDGPMT/DATE: MONITORING - Engineering) 2. Prior to the issuance of the first building permit, the Property Owner shall configure the property into a legal lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 3. The Property Owner shall provide to the Palm Beach County Right of Way Acquisition Section of Roadway Production Division a road right of way deed and all associated documents as required by the County Engineer for Congress Avenue, ten (10) feet additional right of way for a total of sixty (60) feet, measured from centerline of the proposed right of way, on an alignment approved by the County Engineer. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of the first building permit or within ninety (90) days of a request by the County Engineer, whichever shall occur first. 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 Property Owner must further warrant that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Property Owner, the Property Owner agrees to hold the County harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, engineering or other expert witness fees including attorney's fees as well as the actual cost of the clean up. 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. (BLDGPMT: MONITORING - Engineering) LANDSCAPE - PERIMETER-SOUTH AND EAST PROPERTY LINES INCOMPATIBILITY BUFFER 1. In addition to Code requirements, the Incompatibility Buffer where adjacent to the residential uses along the south and east property lines shall be upgraded to include: a) a minimum of twenty (20) feet in width; b) one (1) canopy tree for each fifteen (15) feet of the property line. Trees to be spaced and planted in a staggered pattern within this Incompatibility Buffer; c) a total of three (3) layers of shrubs; and, BCC December 7, 2016 Page 14

13 d) a six (6) foot high opaque barrier to be either a hedge, fence or wall. (ONGOING: ZONING - Zoning) SITE DESIGN 1. Prior to Final Approval by the Development Review Officer (DRO), the Property Owner shall revise the Final Site and Regulating Plans to be consistent with the Landscape Perimeter Condition 1. (DRO: ZONING - 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: 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 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. BCC December 7, 2016 Page 15

14 Figure 1 - Land Use Map BCC December 7, 2016 Page 16

15 Figure 2 Zoning Map BCC December 7, 2016 Page 17

16 Figure 3 Aerial BCC December 7, 2016 Page 18

17 Figure 4 Preliminary Site Plan dated July 25, 2016 BCC December 7, 2016 Page 19

18 Figure 5 Preliminary Regulating Plan dated July 25, 2016 BCC December 7, 2016 Page 20

19 Figure 6 Preliminary Phasing Plan dated July 25, 2016 BCC December 7, 2016 Page 21

20 Exhibit D Disclosures BCC December 7, 2016 Page 22

21 BCC December 7, 2016 Page 23

22 BCC December 7, 2016 Page 24

23 BCC December 7, 2016 Page 25

24 BCC December 7, 2016 Page 26

25 BCC December 7, 2016 Page 27

26 BCC December 7, 2016 Page 28

27 BCC December 7, 2016 Page 29

28 Exhibit E WCRAO Letter BCC December 7, 2016 Page 30