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.: DOA/R Control No.: Applicant: Four Jr Corporation Owners: Four Jr Corporation Agent: Land Research Management, Inc. - Kevin McGinley Telephone No.: (561) Project Manager: Anthony Wint, Site Planner II Location: North side of Northlake Boulevard, approximately 4 miles west of Beeline Highway (SR710) (Northlake CLF) TITLE: a Development Order Amendment REQUEST: to reconfigure the site plan and redesignate land uses. TITLE: a Requested Use REQUEST: to allow a Congregate Living Facility Type III APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for the Northlake Self Storage Facility. The 9.88-acre site was previously approved by the Board of County Commissioners on March 22, 2007 to allow a rezoning from the Agricultural Residential (AR) and Specialized Commercial (CS) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District for a 2-story, 86,000 square foot limited access self-service storage facility, 6,000 square foot of office and 5 work/live units. The applicant is requesting to allow a mutiple-use development consisting of 10,600 square feet of medical or dental office and a one hundred twentyfive (125) bed Type 3 Congregate Living Facility (CLF). This request is part of a companion Small Scale Comprehensive Plan Amendment (SCA ). The preliminary site plan indicates 72,025 square feet of CLF and 10,600 square feet of medical or dental office. The requested DOA will reduce the overall square footage from 86,000 square feet to 82,625 square feet. There are a total of 166 parking spaces being proposed. Access to the subject property will remain from from Northlake Boulevard and Memorial Park Road. ISSUES SUMMARY: o Project History On March 22, 2009 the site was the subject of a concurrent Small Scale Land Use Amendment, Osprey Isles Office II (SCA ), to change the future land use designation from Low Residential, 1 unit per acre (LR-1) to Commercial Low-Office, with an underlying 1 unit per acre (CL- O/1) in order to develop professional offices and self service storage on the site. In addition there was a concurrent application for the rezoning of the 9.88-acres of land from the Agricultural Residential (AR) and Specialized Commercial (CS) Zoning Districts to the Multiple Use Planned Development (MUPD) Zoning District and a Requested Use approval to allow for the development of a limited access self-service storage facility. At the time the Site Plan indicated one 2-story building totaling 86,000 square feet including 75,000 square feet of limited access self-service storage, 6,000 square feet of office and 5 work/live units. During the public hearing process there was discussion concerning the corss access to the adjacent Osprey Isles PUD. It was determined that the cross access would ZC August 6, 2009 Page 205

2 remain on the site plan. The requests were approved by the Board of County Commissioners under Resolution #R o Consistency with Comprehensive Plan Contingent upon the approval of the concurrent Future Land Use (FLU) amendment, the proposed Development Order Amendment would be consistent with the site's proposed CL-O FLU designation and applicable intensity thresholds of the Comprehensive Plan. See Planning Division Comments for additional information. o Concurrent Small Scale Land Use Amendment The site has a FLU of Commercial Low-Office, with an underlying 1 unit per acre (CL-O/1), and is located within the Urban/Suburban Tier and the Western Northlake Corridor Land Use Study Area (WNCLUS). The site is also the subject of a concurrent small scale amendment known as Northlake / Osprey Isles CLF (SCA ) to change the FLU designation from CL-O/1 to Commercial Low Office with an underlying 8 units per acre (CL-O/8). Planning Staff is recommending approval of the land use amendment based on the findings that the proposal is consistent with the Palm Beach County Comprehensive Plan (Plan) and the recommendations of the Western Northlake Boulevard Land Use Study (WNCLUS) WNCLUS. This proposed concurrent small scale amendment was presented before the Planning Commission (PC) on May 15, The PC recommended approval subject to staff s recommended conditions with a unanimous vote of (12-0). There was limited Board discussion about the existing conditions. Tony Pando, the president of the Osprey Isles HOA spoke on the proposed amendment expressing concern over traffic issues on Northlake Boulevard, but not opposing the proposed land use change. No other members of the public spoke on this issue Contingent upon BCC approval of the land use amendment, the requested Development Order Amendment would be consistent with this parcel's proposed CL-O/8 FLU designation. See Planning Division Comments for additional information. o Compatibility with Surrounding Land Uses To the south on the western portion of the subject site, across Northlake Boulevard, are two parcels that have not yet submitted a zoning application, with a recent Land Use Amendment approval known as 112 th /Northlake Office (LGA ), which changed the FLU from Rural Residential, 1 unit per 5 acres (RR-5) to Commercial Low Office with an underlying RR-5 (CL-O/RR-5). Also south on the eastern portion of the subject site, across Northlake Boulevard, is land zoned Agricultural Residential (AR) with Special Exception (SE) and a future land use designation of Rural Residential 5 (RR-5), (Resolution R , and Control No ) it supports a Commercial Television and Microwave Transmission and Receiving Tower. To the east across Memorial Park Road is the Carleton Oaks PUD. Resolution R , and Control No , supporting residential as it is part of the approved Carlton Oaks PUD. To the north on the western portion of the northern border, the land has a zoning designation of Planned Unit Development (PUD) and a future land use designation of Low Residential I (LR-1) and supports a wetland preserve area (Resolution R , and Control No ). To the north on the eastern portion of the northern border, the land has a zoning designation of Residential Estate (RE) with Special Exception (SE) and a future land use designation of Institutional (INST) and supports the Menorah Gardens Cemetery via Resolution R , and Control No To the west is a preserve that is part of the golf course for Osprey Isles PUD (Resolution R , and Control No ). ZC August 6, 2009 Page 206

3 The proposed Type III CLF is compatible because it serves as a transition from the commercial and vacant properties to the south, the Wetland preserve areas to the north and west and the residential uses across Memorial Park Road. The property owner is interested in providing a Type III CLF in this portion of the County and believes that developing the property for residential uses rather than commercial warehouse will be improving the quality and character of the neighborhood. Staff has evaluated the current requests, and has determined that the current proposal does not alter the compatibility of the overall MUPD with surrounding uses. o Traffic This application meets traffic performance standards. The Traffic Division estimates that the proposed site development program would generate 613 additional traffic trips per day. See Engineering Comments for additional information. o Landscape/Buffering The site plan indicates a 20-foot right-of-way buffer along the 120-foot right-of-way for Northlake Boulevard (south property line), 20-foot Type III Incompatibility buffers along the north (Menorah Gardens/Osprey Isles) and west (public golf course) property lines and a 15-foot right-of-way buffer along the east property line (frontage of Memorial Park Road). The existing landscape conditions were to ensure compatibility of the MUPD zoning with the adjacent zoning districts. Staff is not recommending any changes to these conditions. o Signs The proposed site plan indicates three monument signs along Northlake Boulevard 15-feet in height with a maximum sign face of 120 square feet. Sign Condition # 1 of Resolution R limits the sign on Northlake Boulevard to a maximum height of 15 feet and a maximum sign face area of 100 square feet per side. The applicant has agreed to the previously approved sign condition 1 of Resolution R o Architectural Review The proposed development is subject to Article 5.C Architectural Guidelines. Staff is recommending that at time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the proposed building be submitted simultaneously with the site plan for final architectural review and approval. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements (See Architecture Condition 1). Preliminary architectural plans were included with this request and reviewed for general consistency with the pertinent ULDC articles. Two (2) conditions have been placed on the application with regard to Architecture. The first stipulates that compliance with Article 5.C. shall occur at Final DRO. The second attempts to address the relationship between the three proposed buildings. The Northlake ROW facade of CLF structure is over three hundred and fifty (350) feet long. Each of the two medical dental offices is approximately one hundred and five feet long. If the two office structures are connected with a trellis the overall mass will closely resemble the overall mass of the CLF building. The second condition requires a trellis and two benches be placed along the pathway connecting the two buildings. When approved the proposed elevations and pedestrian amenities shall contribute to Palm Beach County as a unique place by enhancing the built environment and reflecting the individual character of the tier within which the proposed project is located. Through careful application of the Architectural guidelines as described in the ULDC, this project will be compatible with the existing structures and the surrounding area and enhance the appearance of the local community in general. o Development Order Amendment Changed Circumstances ZC August 6, 2009 Page 207

4 There has been a revision to the Comprehensive Plan that allows for higher density underlying residential designations to meet the demand for special needs housing such as Congregate Living Facility (Housing Policy 1.4-c). In addition, The DOA will decrease the building area from 86,000 square feet (75,000 square feet self-storage, 6,000 square feet of office and 5 work/live units) to 82,625 square feet (72,025 square feet CLF and 10,600 square feet medical/dental office). In addition, the applicant is requesting a use change because the previous approval does not provide full use of the property. The previous approval allowed a limited self-storage facility. The approval of a Type III CLF will allow greater use of the property. The Zoning Division recommends approval of the Development Order Amendment Request to reconfigure the site plan and redesignate land uses to allow a Congregate Living Facility Type III TABULAR DATA APPROVED PROPOSED Property Control Same Number(s) Land Use Designation: Commercial Low-Office, with an underlying LR-1 (CL-O/1) Commercial Low Office, with an underlying HR-8 (CL-O/8) Zoning District: Multiple Use Planned Same Development District (MUPD) Tier: Urban/Suburban Same Use: 2-story, 86,000 square foot limited access self-service stroage facility, 6,000 square foot of office and 5 Congregate Living Facility, Type 3 Medical or Dental Office work/live units Acreage: 9.88 acres Same Parking: 96 spaces 108 spaces (12+) Access: Northlake Boulevard (1) Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 2 contacts from the public regarding this project. RECOMMENDATION: Staff recommends approval of the requests subject to 31 Conditions of Approval as indicated in Exhibit C. MOTION: To recommend approval of a Development Order Amendment to reconfigure the site plan, redesignate land uses and add square footage subject to the Conditions of Approval as indicated in Exhibit C. MOTION: To recommend approval of a Requested Use to allow a Type III Congregate Living Facility. ZC August 6, 2009 Page 208

5 Figure 1 Land Use Atlas Map ZC August 6, 2009 Page 209

6 Figure 2 Zoning Quad Map ZC August 6, 2009 Page 210

7 Figure 3 Aerial ZC August 6, 2009 Page 211

8 Figure 4 Preliminary Site Plan dated June 15, ZC August 6, 2009 Page 212

9 Figure 5 Preliminary Regulating Plan dated June 15, ZC August 6, 2009 Page 213

10 Figure 6 Preliminary Colored Renderings dated June 15, ZC August 6, 2009 Page 214

11 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial Low Office with an underlying Low Residential 1 unit per acre (CL-O/1). PROPOSED FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial Low Office with an underlying High Residential 8 units per acre (CL-O/8). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The site is located within a future annexation area of the City of Palm Beach Gardens. INTERGOVERNMENTAL COORDINATION: The site is within one mile of the City of Palm Beach Gardens. 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, redesignate land uses and a Requested Use to allow a Congregate Living Facility Type III and has found the requests to be consistent with the site's proposed CL-O/8 FLU designation. Using the acreage figure indicated on the survey, the request for a total of 82,625 s. f. is consistent with the maximum Floor Area Ratio (FAR) of 0.35 allowed for a project with a CL-O designation (9.88 acres X 43,560 X 0.35 = 150,630 sq. ft. maximum). The request for a 125 person type III congregate living facility (CLF) is also consistent with the proposed underlying HR-8 residential designation. This site is currently the subject of a small scale amendment known as Northlake / Osprey Isles CLF (SCA ) to change the FLUA designation from CL-O/1 to CL-O/8. The Planning Division is recommending approval of this amendment with conditions based on the findings in the staff report. This amendment went before the Planning Commission at the May 15, 2009 Public Hearing. Motion by Mr. Shannon, second by Mr. Koehler to recommend approval with staff's recommended conditions passed in a unanimous vote (12-0). There was limited board discussion about the existing conditions. Tony Pando, the president of the Osprey Isles HOA spoke on the proposed amendment expressing concern over traffic issues on Northlake Boulevard, but not opposing the proposed land use change. No other members of the public spoke on this issue. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject site is located within the boundaries of the Western Northlake Boulevard Land Use Study (WNCLUS). The WNCLUS originally analyzed office need in the study area but did not address the need for assisted or congregate living facilities. However, the WNCLUS did address the need for institutional uses with the recommendation that such uses should be encouraged in the area, especially as a transitional use to buffer low density residential development. The recommendation to share access, where possible, would also be applicable. Osprey Isles has a constructed stub connector to the property line of the subject site that could provide shared access, which is consistent with the WNCLUS recommendation for interconnectivity. The site plan shows a connection from the subject site to the constructed stub. Therefore the applicant's proposal is consistent with the recommendations of this study. FINDINGS: The request is consistent with the proposed CL-O/8 land use designation of the Palm Beach County Comprehensive Plan and the recommendations of the WNCLUS. ZC August 6, 2009 Page 215

12 ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS: The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Northlake Boulevard. TRAFFIC IMPACTS: Petitioner has estimated the build-out of the project to be December 31, Total net new traffic expected from this project is 613 trips per day, 56 trips in the PM peak hour. Additional traffic is subject to review by the Traffic Performance Standards. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. PROJECTED PM PEAK HOUR LOS: SEGMENT: Northlake Blvd from Coconut Blvd to Ibis Rd EXISTING COUNT: 3,151 BACKGROUND GROWTH: 741 FROM PETITION: 31 TOTAL: 3,923 PRESENT LANEAGE: 4LD LOS D CAPACITY: 3,110 PROJECTED LEVEL OF SERVICE: F (insignificant impact) PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site currently supports a preserve area under a conservation easement dating from an earlier approval. Control No , Resolution No. R The preserve area is being carried forward on this development. WELLFIELD PROTECTION ZONE: The parcel 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: At the time of report there were no available comments. ZC August 6, 2009 Page 216

13 CONCURRENCY: Concurrency has been approved for 72,025 square feet of Congregate Living Facility Type III and; and 10,600 square feet of medical or dental office. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD). FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: 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.1.B and provides the following assessment: 1. Consistency with the Plan The Planning Division has recommended approval of the proposed land use amendment based on the findings that the proposal is consistent with the policies of the Comprehensive Plan. Contingent upon the approval of the concurrent FLU amendment, the proposed Development Order Amendment would be consistent with the site's proposed CL-O/8 FLU designation and applicable intensity thresholds of the Comprehensive Plan. 2. Consistency with the Code - The proposed Development Order Amendment is not in conflict with any portion of the ULDC, and is consistent with the stated purpose and intent of the ULDC, with the exception of those standards that require BCC approval of the concurrent request for a FLU amendment. 3. Compatibility with Surrounding Uses The proposed Type III CLF is compatible because it serves as a transition from the commercial and vacant properties to the south, the Wetland preserve areas to the north and west and the residential uses across Memorial Park Road. The ULDC addresses compatibility with the surrounding land uses through the application of landscape buffers. Subject to a land use amendment, the provision of the required landscape buffers, and the recommended conditions of approval, staff does not anticipate adverse impacts to the surrounding properties from this request. 4. Design Minimizes Adverse Impact The Type II CLF which is a residential use as indicated in Table 3.E.1.B of the ULDC, will minimize adverse impact in comparison to the current approval of the limited access self storage facility. The orientation and design of the site as indicated on the site plan minimizes visual impacts and adverse effects to the residential lots north of the site and on adjacent lands. The medical buildings are located near the wetland preserve to the west of the property and furthest away from the residential uses across Memorial Park Road. 5. Design Minimizes Environmental Impact The Environmental Resource Management (ERM) Department indicated there are no significant environmental issues associated with the site beyond compliance with ULDC requirements. The preserve area which was approved as a conservation easement under Resolution R There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns The proposed use and project design are consistent with development patterns along the Northlake Boulevard corridor, which includes commercial, recreational, institutional and residential land uses. The north side of Northlake Boulevard has ZC August 6, 2009 Page 217

14 recently experienced a growth of residential single-family home planned unit developments, most notably, Carlton Oaks and Osprey Isles. The property directly south of the subject property recently obtained a commercial land use classification. Therefore the medical office use proposed is a consistent development pattern that will not impact the development of those uses already proposed. The CLF will serve as a transitional use between the commercial and the single family residence. 7. Consistency with Neighborhood Plans The proposed development is located within the Western Northlake Corridor Land Use Study (WNCLUS) and is consistent with the proposed CL-O/8 land use designation of the Palm Beach County Comprehensive Plan and the recommendations of the WNCLUS. 8. Adequate Public Facilities The proposed development order complies with Article 2.F, CONCURRENCY (Adequate Public Facilities). 9. Changed Conditions or Circumstances In 1999, the BCC amended the Urban Service Area Boundary (USAB) to include the subject site (Amendment Round 99-1) based upon a recommendation presented in the WNCLUS. The site s urban/suburban tier designation permits consideration of the SCA application. As a result this site was the subject of an amendment known as Osprey Isles Office (SCA ), which was adopted by the BCC on March 22, This amendment changed the FLUA designation from LR-1 to CL-O/1, allowing for 75,000 square feet of self-storage space and 75,000 square feet of office which included 6 work/live units. Since the approval of SCA , Staff has initiated revisions to the Comprehensive Plan that allow for higher density underlying residential designations to meet the demand for special needs housing such as Congregate Living Facility (Housing Policy 1.4-c). The Applicant is requesting a Development Order Amendment (DOA) to a previously approved MUPD to allow a mixed use development consisting of 10,600 square feet of medical/dental office and a Requested Use for a 125-bed Type 3 Congregate Living Facility (CLF). The previous approval allowed a limited self-storage facility. The applicant believes that the DOA will allow greater use of the property. The DOA will decrease the building area from 86,000 square feet (75,000 square feet self-storage, 6,000 square feet of office and 5 work/live units) to 82,625 square feet (72,025 square feet CLF and 10,600 square feet medical/dental office). The Zoning Division recommends approval of the Development Order Amendment Request to reconfigure the site plan and redesignate land uses to allow a Requested Use for a Congregate Living Facility Type III. ZC August 6, 2009 Page 218

15 CONDITIONS OF APPROVAL EXHIBIT C Development Order Amendment ALL PETITIONS All previous conditions of approval applicable to the subject property, as contained in Resolution R Control and Resolution R Control , 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) Previous All Petitions Condition 1 of Resolution R , Control which currently states: Development of the site is limited to the site design approved by the Board of County Commissioners. The approved site plan is dated October 16, 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) Is hereby amended to read: The approved site plan is dated June 15, Modifications to the development order inconsistent with the conditions of approval, or changes to the uses or site design beyond the authority of the DRO as established in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 3. Prior to final plan approval by the Development Review Officer (DRO), the plan shall be revised to to relabel the areas labeled future development' as open space. (DRO: ZONING - Zoning) (Previous All Petitions Condition 2 of Resolution R , Control ) 4. Prior to final approval by the Development Review Officer (DRO), the plan shall be revised to remove the access connection to Osprey Isles PUD. At the time further development is proposed, the BCC will reevaluate the need for this access. (DRO: ZONING - Zoning) (Previous All Petitions Condition 3 of Resolution R , Control ) ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for all buildings shall be submitted simultaneously with the site plan 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 approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) 2. At time of submittal for final Development Review Officer (DRO) approval, the site plan shall be amended to indicate a shaded walkway between the two Medical or Dental offices. The walkway shall include: a. a minimum one hundred (100) feet of shade structure; b. a minimum six (6) foot in width, and; b. two (2) six (6) foot benches located along the walkway. The structure may be connected to the dumpster enclosures and may be in multiple units totaling the minimum noted above. Development shall be consistent with the approved drawings as indicated on the Regulating plan. (DRO: ARCH REVIEW - Zoning) ZC August 6, 2009 Page 219

16 ENGINEERING 1. Previous Engineering Condition 1 of Resolution R , Control No , which currently states: In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after January 4, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) is hereby amended to read: In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: a. No building permits for the site shall be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2.E of the Unified Land Development Code. (DATE: MONITORING Eng) 2. Prior to issuance of a building permit the property owner shall provide a temporary roadway construction easement along Northlake Boulevard to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDG PERMIT: MONITORING-Eng) (Previous Engineering Condition 2 of Resolution R , Control No ) 3. Landscape Within the Median of Northlake Boulevard a. The Property Owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Northlake Boulevard. 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. b. 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) c. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING -Eng) d. At Property Owner's option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the Property Owner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the Property Owner. The Property Owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the Property Owner. (ONGOING:ENGINEERING-Eng) ZC August 6, 2009 Page 220

17 e. Alternately, at the option of the Property Owner, and prior to the issuance of a Building Permit, the Property Owner may make a contribution to the County's Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County's installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project's front footage along Northlake Boulevard. 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. (ONGOING:ENGINEERING-Eng) (Previous Engineering Condition 3 of Resolution R , Control No ) 4. Previous Engineering Condition 4 of Resolution R , Control No , which currently states: The Property owner shall construct a right turn lane east approach on Northlake Boulevard at the project entrance road. a. This construction shall be concurrent with the paving and drainage improvements for the site. 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. b. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: Monitoring-Eng) c. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) Is hereby deleted. [Reason: Turning volumes no longer meet PBC criteria] 5. Prior to May 1, 2007 or prior to final site plan approval, whichever shall first occur, the property owner shall record an access easement to Palm Beach County. This easement shall be 80 feet in width and shall be located along this parcel's east property line on an alignment approved by the County Engineer (DATE/DRO:MONITORING-Eng) (Previous Engineering Condition 1 of Resolution R , Control No ) [Note: Completed] 6. The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING:ENGINEERING-Eng) (Previous Engineering Condition 6 of Resolution R , Control No ) 7. Prior to Final Site Plan approval, the property owner shall revise the site plan to align the centerline of the onsite drive aisle with the centerline of the cross access connection to Osprey Isles Boulevard, if the connection is required. (DRO:ENGINEERING-Eng) ENVIRONMENTAL 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. (ONGOING:ERM-ERM) (Previous Condition No. ERM-1 of Resolution No. R , Control No ) 2. A preserve management plan shall be approved by ERM prior to final approval by the Development Review Officer (DRO). The preserve management plan must include all preserve areas within the development. A Conservation Easement, or other instrument approved by ERM shall be required for all preserve areas prior to approval of the Preserve Management Plan. (DRO:ERM-ERM) (Previous Condition No. ERM-2 of Resolution No. R , Control No ) HEALTH 1. The site shall be served by sanitary sewer and a community water system. Neither an onsite sewage treatment and disposal system (OSTDS) nor potable water wells shall be aproved for use on the property. All existing (OSTDS) shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. All existing onsite potable water supply systems shall be abandoned in ZC August 6, 2009 Page 221

18 accordance with Chapter 64E-8, FAC and Palm Beach County ECR-II. ONGOING: HEALTH- Health) (Previous condition Health 1. of Resolution R ; Control ) 2. Property owners and operators of facilities generating industrial, hazardous, or toxic wastes shall not deposit or cause to be deposited any such wastes into the sanitary sewer system unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection, the Palm Beach County Health Department, and the agency responsible for sewage works are provided and used. (ONGOING: CODE ENF- Health) (Previous condition Health 2. of Resolution R ; Control ) LANDSCAPE - GENERAL 1. Prior to the issuance of a building permit, the property owner shall submit a Landscape Plan and/or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan(s) shall be prepared in compliance with all landscape related conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Landscape Condition 1 of Resolution R , Control ) 2. A minimum of seventy-five (75) percent of canopy trees to be planted in the landscape buffers shall be native and 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 onehalf (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) (Previous Landscape Condition 2 of Resolution R , Control ) 3. All 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) (Previous Landscape Condition 3 of Resolution R , Control ) 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) (Previous Landscape Condition 4 of Resolution R , Control ) 5. Field adjustment of 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) (Previous Landscape Condition 5 of Resolution R , Control ) 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 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) PLANNING 1. Planning Condition 1 of resolution that currently reads: The site shall be limited to a maximum 75,000 s.f. of Self-Storage and maximum 75,000 s.f. of Office and/or Live/Work or Residential Units (DRO: PLANNING - Planning) ZC August 6, 2009 Page 222

19 Is hereby amended to read: If developed utilizing the CL-0 land use, the subject site shall be limited to a Maximum 75,000 sq ft of Self -Storage and a maximum 75,000 sq ft of Office and/or Work/Live or Residential Units. (ONGOING: PLANNING - Planning) 2. The density associated with the High Residential, 8 units per acre (HR-8), future land use designation shall only be utilized for the development of a Congregate Living Facility (CLF) with a maximum capacity of 125 beds. If developed residentially, other than as a CLF, the density shall be limited to Low Residential one unit per acre or LR-1. (ONGOING: PLANNING - Planning) SIGNS 1. Freestanding sign for the subject property shall be limited as follows: a. maximum sign height, measured from finished grade to highest point fifteen (15) feet; b. maximum sign face area per side - one hundred (120) square feet; c. maximum number of signs -one (1) one for Northlake Boulevard frontage; d. style - monument style only; and, e. signs shall be limited to identification of tenants only. (BLDG PERMIT: BLDG - Zoning) (Previous Sign Condition 1 of Resolution R , Control ) SITE DESIGN 1. All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within thirty (30) feet of the south property line and shall be confined to the areas designated on the site plan. (DRO ZONING - Zoning) 2. Prior to final approval by the Development Review Officer (DRO), The Site Plan dated June 15, 2009 shall be revised to indicate a drop-off area for group transportation, such as vans or similar vehicles. (DRO: ZONING-Zoning) USE LIMITATIONS 1. Overnight storage or parking of delivery vehicles or trucks shall not be permitted on the property, except within designated loading and delivery areas. (ONGOING: CODE ENF - Zoning) (Previous Use Limit Condition 1 of Resolution R , Control ) 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) (Previous Compliance Condition 1 of Resolution R , Control ) 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. ZC August 6, 2009 Page 223

20 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 Conditional Use, Type II Variance, 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) (Previous Compliance Condition 2 of Resolution R , Control ) ZC August 6, 2009 Page 224

21 EXHIBIT D Disclosure Figure 1 Disclosure Owner ZC August 6, 2009 Page 225

22 Figure 2 Disclosure Owner ZC August 6, 2009 Page 226

23 Figure 3 Disclosure Owner ZC August 6, 2009 Page 227

24 Figure 4 Disclosure Owner ZC August 6, 2009 Page 228

25 Figure 5 Disclosure Owner ZC August 6, 2009 Page 229

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