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/PDD/R Control No.: Applicant: Oak Leaf Park, LLC Owners: American Liberty for Cosmic Property LLC Agent: Jon E Schmidt & Associates - Chris Barry Telephone No.: (561) Project Manager: Carol Glasser, Site Planner II Location: Southwest corner of Melaleuca Lane and Gulfstream Road (Gulfstream ACLF) TITLE: a Type II Variance REQUEST: to allow the elimination of frontage requirements and legal access on an arterial or collector street TITLE: an Official Zoning Map Amendment to a Planned Development District REQUEST: to allow a rezoning from the Multi-family Residential (RM) Zoning District to the Planned Unit Development (PUD) Zoning District TITLE: a Requested Use REQUEST: to allow a Type 3 Congregate Living Facility APPLICATION SUMMARY: Proposed is a rezoning of 6.49-acres of land from the Multifamily Residential (RM) Zoning District to the Planned Unit Development (PUD) Zoning District and a Requested Use to allow a Type 3 Congregate Living Facility (CLF) with 121 beds. The applicant is requesting to convert the 21 existing multi-family buildings for the CLF use. The Preliminary Site Plan indicates a 0.33-acre recreation area, 0.17-acre civic area (community vegetable garden), and acre park for the PUD; and, 62 parking spaces. Access will be provided from existing 5 points on Gulfstream Road. On September 1, 2011, the Zoning Commission approved the applicant s request for a Type II Variance to allow the elimination of frontage requirements and legal access on an arterial or collector street. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the requests to rezone from the RM Zoning District to the PUD Zoning District to convert existing multi-family residential units to a Type 3 CLF and has found the requests to be consistent with the site s High Residential, 8 units per acre (HR-8) Future Land Use designation. See Planning Division comments for additional information. o Compatibility with Surrounding Land Uses NORTH: FLU Designation: HR-8 Zoning District: RM Supporting: Multi-family residential (Control No for a Special Exception for a Daycare) BCC October 27, 2011 Page 1

2 SOUTH: FLU Designation: HR-8 Zoning District: RM Supporting: Multi-family residential EAST: FLU Designation: HR-8 Zoning District: RM Supporting: Multi-family and single family residential WEST: FLU Designation: Medium Residential, 5 units per acre (MR-5) Zoning District: RM Supporting: Single family and multi-family residential The existing multi-family buildings are all one-story, consistent with the surrounding area and are proposed to be renovated. The existing unscreened dumpster areas will be screened. Sixteen of the adjacent 22 properties support single family residences, 6 support multi-family dwellings. The appropriate right-of-way and incompatibility buffers will be installed to protect the adjacent single family residences. Four single-family residences are to the west abutting a 20-foot wide easement for Mulberry Lane. The subject site will cease using Mulberry Lane as an access to the building at the northwest corner of the site (building number 3802). The 10-foot wide incompatibility buffer will be continuous along the west and south property lines. The applicant has indicated to the surrounding residents at the community meeting that the proposed CLF use will actually reduce the number of people living at the property by about 79, from approximately 200 to 121 beds as the property currently has forty 2 and 3-bedroom units that have between 4 and 6 residents per unit. Amenities will be provided within the PUD for the residents. Staff does not anticipate any significant incompatibility issues from the rezoning to a PUD and to allow conversion of the existing multi-family buildings for a 121 bed Type 3 CLF. o Traffic The proposed development is not projected to generate any additional peak hour trips above the existing development s approved traffic. o Landscape/Buffering A 15-foot wide Right-of-Way buffer will be provided along the north and east property lines. A 10-foot wide Type 2 Incompatibility buffer including a fence and hedge combination will be provided along the south and west property lines. The Preliminary Site Plan indicates 48 trees are to be preserved. Twenty-two trees are adjacent to Gulfstream Road and 13 trees will be preserved within the 0.13-acre Neighborhood Park. [The Neighborhood Park is a required performance standard for a PUD to serve the residents of the PUD.] Another 4 trees will be preserved in the 0.17-acre Civic Pod, which is a proposed Community Vegetable Garden for the residents. o Signs A Type 3 CLF is limited to 1 sign a maximum height of 8 feet and 32 square feet of sign face area. o Exemplary Design Two fountains and a gazebo will be provided in the 0.33-acre Recreation Pod o Architectural Review The applicant has submitted Architectural Elevations (Figure 8) indicating that the existing buildings will be repainted to include 3 accent colors; the asphalt shingle roofs will be replaced with metal roofs and decorative cupolas in Phase 3; aluminum screened porches will be added to the existing rear slabs; the windows replaced with an impact resistant window system (gray tinted glass and white BCC October 27, 2011 Page 2

3 aluminum frame) and a decorative stucco banding added around the windows; decorative stucco quoins added to the corners of the structure; and, decorative medallions and decorative wall sconces will also be added. o Variance CODE SECTION REQUIRED PROPOSED VARIANCE V1 3.E.1.C.2.a.1 Planned Development Districts (PDD) Performance Standards 200 feet of frontage along an arterial or collector street No access point from an arterial or collector street (Melaleuca Lane) V2 3.E.1.C.2.a.2 PDD Performance Standards Legal access on an arterial or collector street No access point on an arterial or collector (Melaleuca Lane) Allow access to remain from Gulfstream Road Allow access to remain from Gulfstream Road V1 and V2: Per ULDC Article 3.E.1.C.2.a.1 PDD Performance Standards, a PDD is required to have 200 feet of frontage along an arterial or collector street for a PDD. Frontage is defined as that side of a property abutting a legally accessible street. The subject site abuts the Melaleuca Lane arterial along the foot north property line. However, the existing developed site does not have an access point from Melaleuca Lane and is not proposing any new access point from Melaleuca Lane. ULDC Article 3.E.1.C.2.a.2 PDD Performance Standards states the PDD access requirement as a PDD must have legal access on an arterial or collector street. The subject site abuts Melaleuca Lane, which is an Urban Minor Arterial, but does not have an existing access point and proposes not to add any access point on Melaleuca Lane. o Code Enforcement Previous Code Enforcement cases under a prior owner have all been closed. o Zoning Commission (ZC) Hearing At the September 1, 2011 ZC hearing, staff made a brief presentation. Chris Barry, agent for the applicant, indicated the property owner would agree to a condition restricting the CLF use to not allow alcohol or drug rehab; however, they had been advised by County staff this would have to be a private agreement and not a condition that the County could impose as it would violate the ADA and FHA Federal laws. Three members of the public attended in opposition to the project. One objected that no notice of the hearing was received. Mr. Rodriguez indicated a concern that property values would worsen as a result of the project and that a concrete wall was needed. Ms. Pestana indicated that 120-bed facility would generate too much traffic, and that the number of beds should be limited to 23. The Commissioners asked questions regarding a possible use limitation on the type of CLF, if a security guard could be required, discussed the need for a wall or fence, the style of the fence, and questioned the impact of an adjacent property s 25-foot easement on the west boundary. Staff indicated that a similar CLF (Canada Court) operated well, that a vinyl fence is preferred over a wood fence due to maintenance issues; and that the Office of Community Revitalization (OCR) had identified the site for a potential Sheriff substation and remains under discussion with the property owner. The motion to approve the Type II Variances passed unanimously 8-0. The motion to recommend approval of the rezoning as amended carried 7-1 with Commissioner Currie dissenting. The motion to recommend approval of the Type 3 CLF carried 7-1 with Commissioner Currie dissenting. BCC October 27, 2011 Page 3

4 o Board of County Commissioners (BCC) Hearing On September 16, 2011, the applicant requested a postponement from the September 26, 2011 BCC Hearing due to unforeseen circumstances. The motion to postpone to the October 27, 2011 BCC hearing carried unanimously 6-0. TABULAR DATA EXISTING PROPOSED Property Control Same Number(s) Land Use Designation: High Residential, 8 units per acre Same (HR-8) Zoning District: Multi-family Residential (Medium Planned Unit Development (PUD) Density) (RM) Tier: Urban/Suburban Same Use: Multi-family Congregate Living Facility (CLF), Type 3 Acreage: 6.49 acres Same Dwelling Units/ 41 Multi-family units 121 Beds Occupancy: Density/Occupancy: 6.32 units/acre residents/acre Parking: 84 spaces 62 spaces plus provision for an additional 28 Multi-family conversion spaces per Art. 4 Access: 5 from Gulfstream Road Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 4 contacts from the public in opposition to this project and 2 contacts in support of this project. Concerns indicated are the proximity of a rehabilitation center to the home; area has high crime; and, the need for a Sheriff s substation. RECOMMENDATION: Staff recommends approval of the requests subject to 12 Conditions of Approval as indicated in Exhibit C. ACTION BY THE ZONING COMMISSION: September 1, 2011: Motion to adopt a resolution approving a Type II Variance carried by a vote of 8-0. Motion to recommend approval of the rezoning as amended carried by a vote of 7-1. Motion to recommend approval of the Type 3 CLF carried by a vote of 7-1. MOTION: To adopt a resolution approving an Official Zoning Map amendment to allow a rezoning from the Multi-family Residential (RM) Zoning District to the Planned Unit Development (PUD) Zoning District subject to the Conditions of Approval as indicated in Exhibit C. MOTION: To adopt a resolution approving a Requested Use to allow a Type 3 Congregate Living Facility. BCC October 27, 2011 Page 4

5 Figure 1 Land Use Atlas Map BCC October 27, 2011 Page 5

6 Figure 2 Zoning Quad Map BCC October 27, 2011 Page 6

7 Figure 3 Aerial BCC October 27, 2011 Page 7

8 Figure 4 Preliminary Site Plan dated May 16, 2011 BCC October 27, 2011 Page 8

9 Figure 5 Preliminary Master Plan dated May 16, 2011 BCC October 27, 2011 Page 9

10 Figure 6 Preliminary Phasing Plan dated May 16, 2011 BCC October 27, 2011 Page 10

11 Figure 7 Preliminary Regulating Plan dated May 16, 2011 BCC October 27, 2011 Page 11

12 Figure 8 Typical Building Elevation submitted February 16, 2011 BCC October 27, 2011 Page 12

13 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: High Residential 8 units per acre (HR-8) TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The site is located within the future annexation area of the Village of Palm Springs. INTERGOVERNMENTAL COORDINATION: The site is within one mile of the municipalities of Palm Springs and Atlantis. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning in order to convert existing multi-family residential units to a Type 3 Congregate Living Facility (CLF) and has found the request to be consistent with the FLU designation. Furthermore, per FLUE Policy a: Institutional and Public Facility uses may be allowed in all future land use designations, provided the uses are consistent with the provisions of the Comprehensive Plan and ULDC. The maximum occupancy for a Type 3 CLF as a Planned Development: 121 beds (6.49 ac x = 121). The site plan proposes 121 beds. (Per ULDC Article 4.B.34 including Table 4.B.1.A.) The ULDC calculates the number of residents by utilizing the FLU Designation and total acreage. The maximum Floor Area Ratio (FAR) of 0.45 (PDD) is allowed for a project with the HR-8 FLU designation in the Urban/Suburban Tier (6.49 ac x 43,560 x 0.45 = 127, square feet maximum). The site plan proposes a total of 41,402 square feet which is an FAR of ~0.15 (41,402/6.49 ac or 282,782 square feet = 0.15). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The request is located within the Urban Redevelopment Area (URA) and the Redevelopment, Revitalization and Infill Overlay (RRIO) as well as the Mathis Street/Brooklyn Area Countywide Community Revitalization Team (CCRT) and Lake Worth West Community Policing area. The Office of Community Revitalization (OCR) has identified this site for a potential Sherriff substation and is coordinating with the applicant to meet with the adjacent neighbors to identify and address possible concerns. The applicant met with the community on August 10, Items/issues discussed were: Definition/classification of Congregate Liviing Facilities, number of beds allowed, safety and security of a drug/alcohol CLF, another low income project in the area, and the status of the proposed sewer improvement project. FINDINGS: The request is consistent with the HR-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 for impervious area. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Melaleuca Lane and Gulfstream Road. PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis is needed for this request. BCC October 27, 2011 Page 13

14 ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property has been previously cleared for a residential subdivision. WELLFIELD PROTECTION ZONE: The property is not located within 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. 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: A 0.3-acre recreation area is provided. CONCURRENCY: Concurrency has been approved for a Type 3 CLF with 121 beds. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD). FINDING: The proposed Zoning Map Amendment and Requested Use comply with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Rezoning Standards: When considering a Development Order application for rezoning to a standard zoning district, the BCC and ZC shall consider standards 1-8 indicated below. In addition the standards indicated in section 2.B shall also be considered for rezoning to a standard zoning district with a conditional use, and rezoning to a PDD or TDD with or without a requested use or waiver. An 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.1.B and provides the following assessment: 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. The Planning Division has reviewed the rezoning request and has found the request to be consistent with the site s HR-8 FLU designation. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. The proposed rezoning to a PDD is not in conflict with the Code and is consistent with the purpose and intent of the ULDC. The rezoning to PDD will provide an opportunity to encourage redevelopment in the area and to provide services to the community. The PDD provides sufficient width and depth, a pathway system with benches, a recreation pod adjacent to the central dining buildings with 2 fountains and a gazebo, BCC October 27, 2011 Page 14

15 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 existing one-story buildings are consistent with the character of the area; however, the existing site exhibits a need of investment to improve the streetscape. The proposed rezoning to a PDD will require that the site be redeveloped in accordance with the Preliminary Master Plan approved by the BCC. The streetscape will be improved by screening dumpsters, providing sidewalks and buffering, and improving the building aesthetics. 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. Environmental Resources Management indicates there are no significant environmental issues associated with this petition beyond compliance with ULDC requirements as the property has been previously cleared for a residential subdivision. The applicant has provided the existing tree data on the approved survey dated May 16, 2011 and the Existing Tree Tabular consisting of 52 trees and Mitigation Chart on the Regulating Plan. The Preliminary Site Plan indicates 49 trees that are to be preserved and 3 trees to be mitigated, preserving as much of the existing vegetation as possible. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The site was previously developed with multi-family dwellings via the building permit process and are proposed to be redeveloped consistent with and enhancing the character of the surrounding single family and multi-family buildings. 6. Consistency with Neighborhood Plan The proposed zoning district is consistent with applicable neighborhood plans in accordance with BCC policy. The request is located within the URA and the RRIO as well as the Mathis Street/Brooklyn Area CCRT and Lake Worth West Community Policing area. The OCR has identified this site for a potential Sheriff substation and is coordinating with the applicant to meet with the adjacent neighbors to identify and address possible concerns. Consistent with BCC policy, the applicant met with the community on August 10, Items/issues discussed were: Definition/classification of Congregate Liviing Facilities, number of beds allowed, safety and security of a drug/alcohol CLF, another low income project in the area, and the status of the proposed sewer improvement project. 7. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. Concurrency has been approved for a Type 3 CLF with 121 beds. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The subject property has supported multi-family residential units for decades. A rezoning to a PDD will allow the proposed Type 3 CLF to comply with the PDD occupancy of residents per acre while providing recreation and amenities for the residents. The property owner has determined that there is a market in the area for a Type 3 CLF and the rezoning will enable the property owner to increase the maximum occupancy versus the residents per acre allowed in the site s current Standard District. The Preliminary Master Plan demonstrates the existing buildings will support the PDD maximum occupancy of 121 residents with the required central dining area. The rezoning to a PDD is needed to maximize the reuse of the existing buildings as a Type 3 CLF for infill redevelopment in a CCRT area. BCC October 27, 2011 Page 15

16 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 9 indicated below. A conditional or requested use or development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The Planning Division has reviewed the request and has found it to be consistent with the site s HR-8 FLU designation. Furthermore, per FLUE Policy a: Institutional and Public Facility uses may be allowed in all future land use designations, provided the uses are consistent with the provisions of the Comprehensive Plan and ULDC. 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. A Type 3 CLF is a Requested Use allowed in a residential pod of a PDD subject to BCC approval per Table 3.E.1.B. The maximum occupancy of 121 beds in a PDD with an HR-8 FLU designation complies with Table 4.B.1.A. A Type 3 CLF having 250 residents or fewer may be located in a multifamily pod with access to a local street if the height and mass of the buildings are compatible with the surrounding area. As indicated above in compatibility for the rezoning to PDD, all of the buildings are existing one-story buildings consistent with the character of the area. The reserve parking requirement is met on the Preliminary Site Plan. The required drop-off area for vans is centrally located at the dining area buildings. The required emergency generator is also located at the central dining facility. 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 Type 3 CLF use is generally compatible with the existing adjacent multi-family uses. Incompatibility with the adjacent single family uses will be mitigated through the provision of a 10-foot wide Type 2 incompatibility buffer with a fence and hedge combination, 15-foot wide right-of-way buffers and additional interior landscaping. 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 Visual Impact Analysis submitted on February 16, 2011 demonstrates that the redevelopment of the buildings will enhance the built environment and the redevelopment will be compatible with the surrounding area. 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 Resources Management indicates there are no significant environmental issues associated with this petition beyond compliance with ULDC requirements as the property has been previously cleared for a residential subdivision. Engineering recommends Condition of Approvals to address any impacts to storm water management. (Engineering 2 and 6). Existing vegetation will be BCC October 27, 2011 Page 16

17 preserved to the greatest extent as indicated in the finding above. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The predominant development pattern in the area is multi-family residential. A Type 3 CLF is also within the Residential Use Matrix category. Redevelopment of the site as a Type 3 CLF utilizing the existing buildings and providing the appropriate right-of-way and incompatibility buffers is a logical redevelopment pattern for the area. The proposed redevelopment is also timely for the area, which is in a CCRT area and identified as an area in need of reinvestment. 7. Consistency with Neighborhood Plans The proposed development or amendment is consistent with applicable neighborhood plans in accordance with BCC policy. See Rezoning Standard Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Concurrency has been approved for a Type 3 CLF with 121 beds. 9. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. See Rezoning Standard 8. BCC October 27, 2011 Page 17

18 CONDITIONS OF APPROVAL EXHIBIT C PDD- Residential Planned Development District ALL PETITIONS 1. Development of the site shall be generally consistent with the Preliminary Master Plan dated May 16, 2011, and approved by the Board of County Commissioners. Modification of the site design may be allowed pursuant to Conditions of Approval or in accordance with Article 2 of the Unified Land Development Code (ULDC). Replacement of a use by another use listed as permitted by right or permitted subject to approval by the Development Review Officer (DRO) may be allowed subject to approval by the DRO. All other modifications exceeding those thresholds established by Conditions of Approval or the ULDC must be approved by the Board of County Commissioners. (ONGOING: ZONING-Zoning ) ENGINEERING 1. Prior to August 29, 2012, 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. (DATE: MONITORING-Eng) 2. Prior to August 29, 2012, the property owner shall construct a 5 foot concrete sidewalk along the west side of Gulfstream Road along the project frontage. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right of way. (DATE: MONITORING -Eng) 3. 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 for a corner clip at the intersection of Melaleuca Lane and Gulfstream Road. All right of way deed(s) and associated documents shall be provided and approved prior to August 29, 2012, 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. (DATE/ONGOING: MONITORING-Eng) 4. 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 the Land Development Division prior to final approval of the Site Plan by the DRO. (DRO: ENGINEERING-Eng) BCC October 27, 2011 Page 18

19 b. Any required drainage easements shall be dedicated in conjunction with any required lot combination or prior to August 29, 2012 (PLAT/DATE: MONITORING-Eng) 5. Prior to final site plan approval by the DRO, The property owner shall revise the site plan to remove all encroachments into the utility easements, as required by the County Engineer. (DRO: ENGINEERING - Eng) 6. Prior to issuance of a building permit for additional impervious area for this project, the property owner shall obtain Drainage Review approval from the Land Development Division and may be subject to stormwater management improvements to be in compliance with the current code at time of application review. (BLDG PERMIT: MONITORING - Eng) LANDSCAPE - GENERAL 1. Field adjustment of berm and plant material locations may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation. (BLDG PERMIT: LANDSCAPE - Zoning) LANDSCAPE - PERIMETER-SOUTH AND WEST PROPERTY LINES 2. A Type 2 Incompatibility buffer, including a fence and hedge combination, shall be provided along the entire length of the south and west property lines. (ONGOING: ZONING - Zoning) PALM TRAN 1. Prior to Plat Recordation, the property owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran is required. (PLAT:ENG -Palm Tran) 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 (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. 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 October 27, 2011 Page 19

20 EXHIBIT D: Disclosure BCC October 27, 2011 Page 20

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