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.: Z/CA/DOA Control No.: Applicant: Community Christian Church of Florida Owners: Community Christian Church of Florida Agent: Land Design South, Inc. Telephone No.: (561) Project Manager: Ora Owensby, Site Planner II Location: Approximately 0.5 mile south of Southern Boulevard on the west side of Jog Road (Community Christian Church). Title: An Official Zoning Map Amendment. Request: Rezoning from the Agricultural Residential (AR) Zoning District to the Residential Estate (RE) Zoning District. Title: A Class A Conditional Use. Request: To allow a private school and a day care, general. Title: A Development Order Amendment. Request: To modify/delete conditions, add land area, add square footage and reconfigure the site plan for an approved Special Exception to allow a church or place of worship. PETITION SUMMARY: Proposed is a Development Order Amendment for Community Christian Church (formerly known as Bethany Christian Church). The 7.6-acre site was last approved by the Board of County Commissioners on July 29, 1993 to allow for the development of a 10,500 square foot place of worship with 380 seats and 132 parking spaces. The applicant is proposing to add 4.78 acres of land area, for a total of acres; add 11,250 square feet of worship area, for a total of 21,950 square feet; allow a 3,100 square foot general daycare with a maximum capacity of 70 children; allow a 15,600 square foot elementary or secondary school with a maximum capacity of 111 students; and reconfigure the site plan. The applicant is also requesting to delete 3 Conditions of Approval that prohibit a school, kitchen facilities and outdoor carnivals on the site. The school and kitchen are proposed uses; the condition restricting carnivals is no longer necessary since the code prohibits that use in residential zoning. The proposed site plan indicates 4 buildings totaling 50,650 square feet; a 5,000 square foot pavilion with restroom facilities; a 5,250 square foot outdoor activity area to support the proposed day care; and additional outdoor recreation facilities. A total of 145 parking spaces will be provided and access to the site will remain from Jog Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Palm Beach County Planning Division indicates the Future Land Use designation on site is Low Residential (LR-1) and Institutional (INST). The current Rezoning, Class A Conditional Use requests for school and daycare, and Development Order Amendment are consistent with the site s LR-1 and INST FLU designations. The development is located within the Urban/Suburban tier. See Planning comments for additional information. 162

2 o Compatibility with Surrounding Land Uses To the north of the existing church is another church. To the north of the 5-acre addition is a single-family residence on five acres. To the south across a 75-foot wide canal is a single-family residential subdivision. Also to the south, on Jog Road is a daycare. East across Jog Road, are single-family residences. To the west across a 30-foot wide Palm Beach Farms Plat right-of-way is a single-family residence on 2.5 acres. o Traffic The Traffic Division estimates that this request will generate approximately 549 trips per day. This is approximately 452 trips more than the previous 97 trips per day for the BCC approved 10,650 square foot church. o Site Design The proposed site plan indicates two existing buildings and one proposed worship center in the middle of the site. To the west of the proposed north worship building is the daycare playground. To the west of the existing south worship building is the proposed K-8 private school. The balance of the five-acre tract behind the school is devoted to open play fields and retention areas. Since there are two lots in the proposed site design, these lots must be combined. A plat is required prior to the issuance of any permit per the Land Development Division. Staff recommends a 50-foot setback for outdoor recreation from the north and west property lines abutting a residential lot and Elaine Road (Sign Condition 1). The daycare playground is required by code to maintain a 25-foot setback from the property line. o Landscape/Buffering The parking area has two large medians for preserving native trees. The parking in this area as well as adjacent to Jog Road is required by a condition of approval (Parking Condition 1) to be grass parking in order to have the least impact on the preserved trees. A 5-foot wide compatible buffer will be provided to the north of the proposed church expansion; a 15-foot wide incompatible buffer will be provided around the western additional acreage and Elaine Road to address compatibility issues. The south property line abuts a 75-foot wide canal with an embankment that is elevated a few feet; therefore, the code required incompatibility buffer would be a sufficient screen for residences to the south. The ULDC addresses compatibility with surrounding land uses through the application of landscape buffers. Subject to the provision of the required landscape buffers and the recommended conditions of approval, staff does not anticipate adverse impacts to the surrounding properties from the request. o Signs The applicant is requesting that any new and replacement signs meet current code. The existing sign has a permit for 10-feet in height and 80 square feet of sign area. Staff recommends the standard condition to restrict any new and replacement sign to one monument sign 10-feet in height with 100 square feet of sign face area. o Architectural Review The proposed development is subject to Article 5.C Architectural Guidelines. Staff is recommending that architectural elevations be submitted for review and approval at time of submittal for final Development Review Officer (DRO) approval of the site plan. Those elevations are required to be consistent with the approved site plan and the ULDC. 163

3 o Parking The Unified Land Development Code does not have additional parking requirements for collocated facilities of a place of worship, except as a conditional use request, such as a day care facility. The family life center/parish hall/fellowship hall, (or as in this case multiple worship center buildings), and other ancillary uses are considered as part of the place of worship. However, the Code does not specifically require additional parking. The ULDC in this area is being studied for possible code amendments to accurately reflect how collocated facilities are being calculated. For Community Christian Church, the applicant provided a shared parking study dated April 14, The study demonstrates that the daycare and private school will operate during weekdays and the place of worship use on weekends and the evenings during the week. The peak demand for all these uses is based on the weekend uses and estimated to require a total of 129 spaces. The applicant is providing 145 spaces for all the uses. Staff has evaluated the church use, both in terms of seating as the current code requires, and in terms of square footage, using the assembly, non-profit calculation of one space per 200 square feet of gross floor area for the church use. With 380 seats, 127 spaces would be required. With 21,950 square feet of church use, parking required would be 110 spaces. Therefore, with the proposed condition limiting all facilities to 380 persons at any one time, and with the provided parking of 145, the potential parking requirements for the church use are exceeded on site by 16 spaces. o Accessory Uses The ULDC allows churches to conduct temporary sales such as rummage, bake or seasonal sales as a permitted accessory use. Temporary sales greater than 3 consecutive days are required to obtain a Temporary Retail Sales Special Permit. The ULDC does not allow Special Events Special Permits in residential zoning districts. Activities such as carnivals, circuses, auctions and revivals are not permitted. The applicant s request to delete the use conditions are supported by staff since the kitchen and school use are being requested as part of the conditional use request. The request to delete carnivals is supported because it is no longer necessary as the code does not permit the use. o Development Order Amendment Changed Circumstances The applicant indicates that increased population in Palm Beach County has created an increased demand for child-care and increased demands on the County school system. The centralized location of this site makes it an ideal location for the proposed daycare and school. With the addition of land area, the uses can be adequately implemented while reducing the overall FAR intensity on the site. 164

4 TABULAR DATA EXISTING PROPOSED Property Control Number(s) Land Use Designation: Zoning District: Institutional and Public Facilities (INST) Residential Estate/Special Exception (RE/SE) and Agricultural Residential District (AR) Tier: Urban/Suburban Same Use: Church or Place of Worship and vacant lot To be determined Acreage: 7.6 acres and 5 acre lot acres Institutional and Public Facilities (INST) and Low Residential (LR-1) Residential Estate/Special Exception (RE/SE) Church or Place of Worship (280 seats) Day Care Center, General (70 children) School, Elementary or Secondary (111 students) Floor Area: 10,500 45,650 (+35,150) Building Coverage: 3.2% 7.0% (+3.8%) Lot Coverage: 9.9% 17.69% (+7.8%) FAR: (+0.048) Parking: 132 spaces 134 spaces (+2) Access: Jog Road (1) Jog Road (2) CODE ENFORCEMENT: N/A PUBLIC COMMENT SUMMARY: At the time of publication, staff had received two letters in opposition from the public, both indicating concerns for current and future problems with noise and lighting from the existing church use. RECOMMENDATION: Staff recommends approval of the request for an Official Zoning Map Amendment. To recommend approval of the request for a Class A Conditional Use and Development Order Amendment subject to 41 conditions as contained in Exhibit C of the Development Order Amendment approval. MOTION: To recommend approval of the request for an Official Zoning Map Amendment rezoning from the Agricultural Residential (AR) Zoning District to the Residential Estate (RE) Zoning District. MOTION: To recommend approval of a Class A Conditional Use to allow a private school and a daycare, general. MOTION: To recommend approval of the request for a Development Order Amendment to modify/delete conditions, add land area, add square footage and reconfigure site plan for a approved Special Exception to allow a church or place of worship. 165

5 166

6 167

7 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 168

8 SITE PLAN DATED AUGUST 15,

9 REGULATING PLAN DATED AUGUST 15,

10 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: LR-1 and INST Underlying Land Use: N/A CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a development order amendment to reconfigure the site plan; for a Class A conditional use approval for a daycare and a school; and to rezone a 5 acre portion of the site from the Agricultural Residential (AR) zoning district to the Residential Estate (RE) zoning district, and determined the development proposal is appropriate for this parcel's residential and institutional FLU designations. The proposed request is also consistent with the maximum Floor Area Ratio (FAR) of.45 for the 7.37 acre of the site with an INST FLU designation, and.35 for the 5.01 acres of the site with an LR-1 FLU designation. For this acre site, the site could develop with a maximum of 220,849 square feet at the.45 and.35 FARs. The applicant has requested a FAR of approximately.08 or 45,650 square feet for this site. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is located within the future annexation area of the City of Greenacres. As part of the public hearing notice process, Zoning Staff has notified this municipality of the request. INTERGOVERNMENTAL COORDINATION: The subject property is also located within one mile of the City of Greenacres. As noted above, Zoning Staff has notified this municipality of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: The request is consistent with the land use designation of the Palm Beach County Comprehensive Plan. Based on Future Land Use Element (FLUE) Policy 2.5-g.3, Staff asked that the applicant indicate on the site plan the location of sidewalks or hardened surfaces along Jog Road, because the site is within two miles of Melaleuca Elementary. In response, the applicant indicated that while no sidewalks currently exist along Jog Road, such sidewalks would be constructed as part of the phase 2 construction of a turn lane. Staff has included the construction of this sidewalk as a condition of approval. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project - 11,250 square foot worship center - 3,100 square foot day care center student school is 549 trips/day. Total traffic expected from the previous approval for 10,650 square foot church was 97 trips/day. Increase is expected to be 452 trips per day 171

11 Required Engineering Related Permits: 1) 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. 2) The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for the additional access onto Jog Road. TRAFFIC: Jog Road SEGMENT: Project Entrance - Summit Blvd. PRESENT: 44,600 HISTORICALGROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 374 TOTAL: PRESENT CAPACITY AT LEVEL OF SERVICE D : 49,200 PRESENT LANEAGE: 6 lane PALM BEACH COUNTY HEALTH DEPARTMENT: WATER: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. SEWER: Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is an existing church and contains some native vegetation. The native vegetation has been incorporated into the site plan. 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. 172

12 SCHOOL IMPACTS: No impact. PARKS AND RECREATION: No impact. CONCURRENCY: Concurrency has been approved for a 3100 square foot daycare, general for 70 children, a 21,950 square foot worship center with 280 seats, a 15,600 square foot private school for 111 K-8 students, as well as an open pavilion. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A acre site, approximately 530 feet in width with an average depth of approximately 1260 feet accessed by Jog Road (2). The site is currently developed with 2 worship center buildings. ADJACENT LAND USE AND ZONING: NORTH: FLU Designation: Zoning District: Supporting: SOUTH: FLU Designation: Zoning District: Supporting: EAST: FLU Designation: Zoning District: Supporting: WEST: FLU Designation: Zoning District: Supporting: Low Residential (LR-1) Residential Estate/Special Exception (RE/SE) and RE Winner s Church and Single Family Residential Low Residential (LR-2) Single-Family Residential District (RS) and Residential Transitional/Special Exception (RT/SE) Single Family Residential and Small Creations Daycare Low Residential (LR-1) Residential Transitional District (RT) and Agricultural Residential District (AR) Single Family Residential Low Residential (LR-1) Residential Estate District (RE) Single Family Residential ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable section of the ULDC. Project History Petition Resolution Approval Date Request Special exception for a church on 8.1 acres (A) Special exception to amend and expand church; 9.2 acres (B) Development Order Amendment to delete acreage for church on 7.6 acres. 173

13 FINDINGS: 1. Consistent with Comprehensive Plan. The proposed Zoning Map Amendment is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, LR-1 and INST land use designations, including standards for building and structural intensities and densities, and intensities of use; 2. Supplementary Use Standards. The proposed conditional uses for church, school, and daycare comply with all relevant and appropriate portions of Article 4.A, Supplementary Regulations of the Code; 3. Compatibility. The proposed development, with conditions of approval, is compatible as defined in the Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development; 4. Design Minimizes Adverse Impact. The design of the proposed development, with conditions of approval, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands; 5. Adequate Public Facilities. The proposed conditional uses comply with Article 2.F, CONCURRENCY (Adequate Public Facilities); 6. Design Minimizes Environmental Impact. The proposed conditional uses minimize environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. Existing native vegetation will be maintained where possible. 7. Development Patterns. The proposed development will result in logical, timely and orderly development patterns by providing needed services for the expanding population. 8. Other Standards. The proposed conditional uses comply with all standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics. 9. Consistency with Neighborhood Plans. There is no applicable neighborhood plans. 10. Changed Circumstances. The applicant indicates that increased population in Palm Beach County has created an increased demand for child-care services and additional demands on the County s school system. The centralized location of this property makes it an ideal location to provide these services in an accessible location. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report 174

14 EXHIBIT C CONDITIONS OF APPROVAL ALL PETITIONS 1. Condition No. 1 of Resolution no. R ; (Petition no. EAC80-133(B)) which currently states: All previous conditions of approval applicable to the subject property have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval, including original deadlines established pursuant to Section 5.8 of the Palm Beach County Unified Land Development Code, as amended, unless expressly modified. (MONITORING) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution No. R ; (Petition no. EAC80-133(B)) have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: ZONING - Zoning) 2. Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved site plan is dated August 15, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRO: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, architectural elevations shall be submitted for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the DRO approved plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW-Zoning) ENGINEERING 1. TRAFFIC PERFORMANCE STANDARDS PHASING REQUIREMENTS 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 11,250 square foot worship center - the 3,100 square foot day care center - the 111 student school may be issued after January 1, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2 Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) 175

15 2. RIGHT TURN LANE RIGHT OF WAY Prior to issuance of the next building permit, the property owner shall convey to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of a right turn lane on Jog Road at the project's entrance road. This right of way shall be a minimum of 280 feet in length, twelve feet in width, and a taper length of 50 feet or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include corner clips where appropriate as determined by the County Engineer. 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. (BLDG PERMIT: MONITORING- Eng) 3. ONSITE TURN LANE IMPROVEMENTS The property owner shall construct a right turn lane north approach on Jog Road at projects entrance road. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with this 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. A. Permits required by Palm Beach County for this turn lane shall be obtained prior to the issuance of the next Building Permit. (BLDG PERMIT: MONITORING-Eng) B. Construction for this improvement shall be completed prior to the issuance of the next Certificate of Completion. (CO: MONITORING- Eng) 4. LANDSCAPE WITHIN THE MEDIAN OF JOG ROAD The property owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Jog Road. This landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by property owner shall be perpetually maintained by the property owner, his successors and assigns, without recourse to Palm Beach County, unless the property owner provides payment for maintenance as set forth in Paragraph d below. a) The necessary permit(s) for this landscaping and irrigation shall be applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) b) All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of completion. (CC: MONITORING -Eng) c) At the property owner s option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the petitioner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the property owner. The property owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into 176

16 conformance with OTIS standards by the property owner. (ONGOING:ENG-Eng) d) Also, prior to the issuance of a Building Permit, and at the option of the petitioner, the property owner may make a contribution to the County s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County s installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project s front footage along Jog Road. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (ONGONG:ENG-Eng) 5. The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING:ENG-Eng) ENVIRONMENTAL HEALTH 1. All existing native vegetation, including understory, depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. No grade changes, or the toe of proposed grade changes, shall occur within the dripline of existing native vegetation depicted to remain. (ONGOING:ERM-ERM) 1. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems must be abandoned in accordance with Palm Beach county ECR-11. (Previous condition B.1 of Resoltuion R , Petition DOA B) (ONGOING: HEALTH - Health) 2. Prior to final approval by the Development Review Officer (DRO), the property owner shall illustrate the location of the existing septic tank system. The plans and specifications required to modify the system, if necessary, must be submitted to the Palm Beach County Health Unit. (DRO: HEALTH - Health) 3. Prior to final DRO approval the property owner shall meet with staff of the Palm Beach County Health Department and provide documentation, including, but not limited to, accurate architectural plans and site plans, to clarify all compliance issues related to operation and design of the proposed child care facility. (DRO: HEALTH-Health) LANDSCAPING-STANDARD 1. Previous Condition 8 of Resolution no. R ; (Petition no. EAC80-133(B), which currently states: Prior to site plan certification by the Development Review Committee, the petitioner shall amend the site plan to indicate: a. compliance with all applicable landscape requirements of the ULDC and conditions of approval; b. indicate a phasing plan for all required landscape. (DRO:LANDSCAPE-Zoning) 177

17 Is hereby amended to read: Prior to the issuance of any building permit, the property owner shall submit a Landscape Plan to the landscape Section for review and approval. The Plan(s) shall be prepared in compliance with the conditions of approval as contained herein. (BLDG PERMIT: MONITORING-Landscape) 2. A minimum of fifty (50) percent of all new and replacement trees to be planted in the landscape buffers shall meet the following minimum standards at installation: a. tree height: Fourteen (14) feet; b. trunk diameter: three and one-half (3.5) inches measured at four and one-half (4.5) feet above grade; c. canopy diameter: Seven (7) feet diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and, d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (BLDG PERMIT: LANDSCAPE-Zoning) 3. All new and replacement palms required to be planted on the property by this approval shall meet the following minimum standards at installation: a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they meet current ULDC requirements. (BLDG PERMIT: LANDSCAPE-Zoning) 4. A group of three (3) or more palms may not supersede the requirement for a canopy tree in that location, unless specified herein. (BLDG PERMIT: LANDSCAPE-Zoning) 5. 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) 6. Native trees shall be maintained as shown on the approved plan. (BLDG PERMIT:LANDSCAPE-Zoning) 7. Prior to the issuance of a Building Permit, the property owner shall replace all dead and missing plant materials on the entire subject property. (BLDG PERMIT: LANDSCAPE-Zoning) LANDSCAPING-NORTH AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL USE AND ELAINE ROAD) 1. In addition to ULDC requirements, the buffer on the north and west property lines abutting residential uses and Elaine Road shall be upgraded to include: a. a minimum fifteen (15)-foot wide landscape buffer strip. No width reduction or easement encroachment shall be permitted; b. a continuous berm with a minimum height of two and one-half (2.5) feet. Berm height shall be measured from the nearest top of curb or the nearest floor elevation, whichever is higher; c. a three and one-half (3.5) foot high continuous hedge at installation, on top of the berm; and 178

18 d. one (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT: LANDSCAPE-Zoning) LIGHTING 1. All outdoor, freestanding lighting fixtures shall not exceed twenty-five (25) feet in height measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning) 2. No lighting of outdoor recreation areas shall be permitted. (BLDG PERMIT: BLDG - Zoning) 3. All outdoor lighting shall be extinguished no later than one-half (1/2) hour after operating hours. (ONGOING: CODE ENF - Zoning) 4. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF - Zoning) MASS TRANSIT PARKING PLANNING SIGNS 1. The location of an easement for a Bus Stop Boarding and Alighting Area, subject to the approval of Palm Tran shall be shown on the site plan prior to final approval of the DRO. The purpose of this easement is for the future construction of mass transit infrastructure in a manner acceptable to Palm Tran. (DRO: PALM TRAN-Palm Tran) 2. Prior to issuance of the first Building Permit or recordation of the Plat, whichever shall first occur, 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. (BLDG PERMIT/PLAT: MONITORING-Eng) 1. The parking spaces adjacent to the perimeter buffer/open space areas and in the median islands supporting native vegetation in the parking lot shall be limited to grass parking only. (DRO: ZONING - Zoning) 1. Prior to the issuance of a certificate of occupancy (CO) for any structure indicated as part of phase 2 on the site plan, the property owner shall construct a sidewalk along Jog Road. (CO: MONITORING-Planning) 1. Freestanding signs fronting on Jog Road shall be limited as follows: a. maximum sign height, measured from finished grade to highest point - ten (10) feet; b. maximum sign face area per side - one hundred (100) square feet; c. maximum number of signs one (1) d. style - monument style only. (BLDG PERMIT: BLDG - Zoning) 179

19 SITE DESIGN 1. Outdoor recreation areas shall be setback fifty (50) feet from the north and west property lines. (DRO:ZONING-Zoning) USE LIMITATIONS 1. Hours of operation for the church use shall be limited to 7:00 a.m. to 11:00 p.m., excluding holiday services only. (ONGOING: CODE ENF-Zoning) 2. Hours of operation for the daycare, excluding employees, shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday. (ONGOING: CODE ENF- Zoning) 3. Hours of operation for day care outdoor activities shall be limited to 8:00 a.m. to 6:00 p.m. daily. (ONGOING: CODE ENF-Zoning) 4. Hours of construction activity during all stages of site development shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. Construction shall be prohibited on Saturday, Sunday, and statutory holidays. (ONGOING: CODE ENF-Zoning) 5. Construction traffic shall access the site from Jog Road only. (ONGOING: CODE ENF-Zoning)] 6. Accessory outdoor uses such as temporary sales shall be setback a minimum of one-hundred (100) feet from all perimeter property lines. (ONGOING: CODE ENF-Zoning) 7. Outdoor speaker or public address systems, other than emergency warning systems, shall not be permitted on the property. (ONGOING: CODE ENF- Zoning) 8. Previous Condition 9 of Resolution no. R ; (Petition no. EAC80-133(B)) which currently states: Maximum occupancy of the sanctuary building shall not exceed a seating capacity for 380 persons. (ONGOING:CODE ENF-Zoning) Is hereby amended to read: Maximum occupancy for all facilities shall not exceed 380 persons at any time. (ONGOING: CODE ENF-Zoning) 9. Previous Condition A.3 of Resolution no. R ; (Petition no. EAC80-133(B)) that currently states: There shall be no school, other than a Sunday School. (CODE ENFORCEMENT) Is hereby deleted [REASON: Applicant's request] 10. Previous Condition No. A.4 of Resolution no. R ; (Petition no. EAC80-133(B)) which currently states: There shall be no outside carnivals. (CODE ENFORCEMENT) Is hereby deleted [REASON: No longer necessary, prohibited by code] 11. Previous Condition No. A.5 Resolution no. R ; (Petition no. EAC80-133(B)) which currently states: 180

20 UTILITIES There shall be no outdoor revivals. (ONGOING:CODE ENFORCEMENT- Zoning) Is hereby deleted [REASON: No longer necessary, prohibited by code] 12. Previous Condition No.A.7 Resolution no. R ; (Petition no. EAC80-133(B)) which currently states: There shall be no kitchen facilities. (CODE ENFORCEMENT) Is hereby deleted. [REASON: Applicant's request] 1. If any relocations/modifications to the County's existing facilities are required that are a direct or indirect result of the development, the developer shall pay for the complete design and construction costs associated with these relocations/modifications. (ONGOING:UTIL-Util) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner 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; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use,Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, 181

21 Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning) 182

22 EXHIBIT D ACCIDENT HISTORY REPORT 183

23 184