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PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: PDD/R-2014-02095 Application Name: Lake Worth Storage 2 Control No.: 2009-02300 Applicant: Michael Gilley Owners: Michael Gilley Agent: Joshua Mahr Telephone No.: (561) 723-1342 Project Manager: Roger Ramdeen, Senior Site Planner TITLE: an Official Zoning Map Amendment to a Planned Development District REQUEST: to allow a rezoning from the Agriculture Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District. TITLE: a Requested Use REQUEST: to allow a Self-Service Storage Facility. APPLICATION SUMMARY: Proposed is an Official Zoning Map Amendment from the Agriculture Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District and a Requested Use for the Lake Worth Storage 2 development. The 3.80-acre site was previously approved for an outdoor storage facility and a Lounge (Gilley's). The Preliminary Site Plan indicates a 26,826 square foot (sq. ft.) Self Storage building, 800 sq. ft. of office, a 1,000 sq. ft. caretaker residence and a 500 sq. ft. garage. In addition, there is 23,897 sq. ft. of Outdoor Storage containing 133 rental parking spaces, of which 72 spaces are under a covered canopy. Six additional parking spaces are required for employee and customer use. Access (1) to the site is from South Military Trail, and a cross-access is also provided from the south side of the property. SITE DATA: Location: West side of South Military Trail, approximately 0.43 mile north of Hypoluxo Road. (Lake Worth Storage 2) Property Control Number(s) 00-42-45-01-00-000-7040; 00-42-45-01-00-000-7050; 00-42-45-01-00-000-7210; 00-42-45-01-00-000-7110. Existing Land Use Designation: Commercial Low, with an underlying MR-5 (CL/5) Proposed Land Use Designation: No proposed change Existing Zoning District: Agricultural Residential District (AR) Proposed Zoning District: Multiple Use Planned Development (MUPD) Acreage: 3.80 acres Tier: Urban/Suburban Tier Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile Atlantis, City of Boynton Beach, City of Greenacres Future Annexation Area Lantana RECOMMENDATION: Staff recommends approval of the requests subject to 8 Conditions of Approval as indicated in Exhibit C-1 and the 10 Conditions of Approval as indicated in Exhibit C-2. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: The subject property was previously developed with a tavern/bar (Lounge) and outdoor storage of automobiles, trucks, boats, trailers and recreational vehicles. These uses have been in existence since 1956 and has been determined to be lawfully establised pursuant to Article 1.F, Nonconformities; per the Zoning Confirmation Letter ZCL-2012-01778 (Exhibit E). ZC July 2, 2015 Page 52

SURROUNDING LAND USES: NORTH: FLU Designation: Medium Residential (MR/5) Zoning District: Agriculture Residential (AR) Supporting: Agricultural (Control No. N/A) SOUTH: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: Multiple Use Development District (MUPD) Supporting: Bowling Alley and Mini golf (Don Carter All Star Lanes, Control No. 1987-00134) EAST: FLU Designation: Medium Residential (MR/5) Zoning District: Agriculture Residential (AR) Supporting: Vacant-(Winchester, Bill, Control No. 2005-00063) WEST: FLU Designation: Zoning District: Supporting: Low Residential (LR-3) Single Family Residential (RS) Single Family (Control No. N/A) FINDINGS: Rezoning Standards: When considering a Development Order application for an Official Zoning Map Amendment to a Standard Zoning District or a rezoning to a PDD or TDD, the BCC and ZC shall consider Standards 1-7 listed under Article 2.B.1.B of the ULDC. The Standards and Staff Analyses are indicated below. An Amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including densities and intensities of use. o Prior Land Use Amendment: The site was the subject of a County initiated Large Scale Amendment known as Commercial Categories 3 LGA 2003-047 Ordinance 2003-065 which amended the Future Land Use designation from Commercial, with an underlying 5 units per acre (C/5) to Commercial Low, with an underlying 5 units per acre (CL/5). There are no conditions associated with the amendment. 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 is consistent with the MUPD property development regulations as per the ULDC in regard to lot size, width, depth and setbacks. The Applicant is seeking an MUPD due to its square footage and lot acreage. See also the analysis provided for the Requested Use below. 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The proposed rezoning is compatible and consistent with the existing uses and surrounding zoning districts. To the north is an agricultural use, to the south are a bowling alley and a mini golf use with a proposal for a self-service storage facility, to the east is vacant and to the west are single-family homes. The proposed zoning is compatible with the Zoning and Land Uses surrounding the property with the mix of residential and non-residential uses. ZC July 2, 2015 Page 53

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 RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The majority of the property has been previously cleared for the existing development. Any native tree that cannot be incorporated into the site plan shall be mitigated on the site, to the greatest extent possible, pursuant to the requirements of ULDC Art. 14.C. WELLFIELD PROTECTION ZONE: The properties are not located with a Wellfield Protection Zone. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with the rezoning request beyond compliance with ULDC requirements. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The site is surrounded by non-residential zoning districts. The site was previously developed with commercial uses. Due to the lot size and the square footage proposed with the new use, the Applicant has requested to utilize the MUPD zoning classification. The proposed amendment will result in an orderly development pattern as other properties surrounding the parcel are mixed uses. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. The rezoning complies with the requirements for concurrency. concurrency for the Requested Use below. See the analysis provided for 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The Applicant has stated that since the property is located along Military Trail, which is a major commercial node, that there is an opportunity to introduce services compatible with the location. As a result, the Property Owner proposes to develop the site with a self-service storage facility to provide this service to the surrounding areas. In order to obtain approval for a Self-Service Storage Facility, the request is to rezone to MUPD to allow the use. FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 8 listed in Article 2.B.2.B. of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. o Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including densities and intensities of use. o Prior Land Use Amendment: The site was the subject of a County initiated Large Scale Amendment known as Commercial Categories 3 LGA 2003-047 Ordinance 2003-065 which amended the Future Land Use designation from Commercial, with an underlying 5 units per acre (C/5) to Commercial Low, with an underlying 5 units per acre (CL/5). There are no conditions associated with the amendment. ZC July 2, 2015 Page 54

o Intensity: The Maximum FAR for the proposed MUPD is 0.50. The proposed built FAR for the site equals.16 (26,825.7 square feet / 165,227.7 surveyed square feet or 3.80 acres = 0.162). The maximum buildable square footage equals 82,764 square feet (3.8 acres x 43,560 square feet per acre x.50 maximum FAR = 82,764 maximum buildable square feet). Per FLUE Table III.C.2. Note 1, For Commercial Low (CL)...the maximum allowable FAR for...self storage projects is 0.50. o Relevant Policies: The request, as conditioned, complies with Policy 4.3-g and Policy 4.3-k, which incorporates access management techniques for cross access with the adjacent commercial property to the south, as shown on the Site Plan. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The proposed Requested Use for a Self-Service Storage Facility complies with the Code for use, layout, and function. o Use: Pursuant to Article 4.B.1.A.120.b.1., Self-Service Storage a self-service storage facility located in a CL FLU designation, shall not be located within 1,000 feet of another self-storage facility. The subject property has a CL FLU designation and is subject to this restriction. o Parking: The Preliminary Site Plan indicates a total of 139 parking spaces. Of these, ten are required and 129 spaces are designated for outdoor storage. o Landscaping: The Preliminary Site Plan indicates the required 20-foot wide Incompatibility Buffer along the north and west sides of the subject property adjacent to the residential uses, a five foot compatibility landscape buffer on the south side adjacent to the existing bowling alley and mini golf use, and a 20-foot ROW buffer along Military Trail. Staff notes that per the interpretation of the Zoning Director, the proposed 100-foot wall along the northwest corner satisfies the screening requirement of Article 4.B.1.A.120.b.7.a., Landscaping and Buffering The six foot high concrete wall which is 100 feet in length is sufficient to present an unbroken, wall-like appearance when seen from the adjacent lot and the wall does give the appearance of structural continuity of the building. o Architectural Elevations: The Architectural Elevations shall be submitted at time of Final DRO approval as indicated in the Conditions of Approval in Exhibit C the Applicant opted to have the review done at that time. o Signage: The Applicant is proposing one ground mounted freestanding sign designed to meet the ULDC standards. See Figure 5 Preliminary Regulating Plan. 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 subject property has a vested approval to allow a tavern/bar and outdoor storage of automobiles, trucks, boats, trailers and recreational vehicles which have been in existence since 1956 (Exhibit E). To the north is an agricultural use, to the south are a bowling alley and a mini golf use with a proposal for a self-service storage facility, to the east is vacant and to the west are single-family homes. The proposed use will not create any compatibility issues with these surrounding properties and uses. 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 request does not visually impact the surrounding uses as the modifications will enhance the site with the renovation and redevelopment of the existing property. The Applicant states in the Justification Statement that the site has remained undeveloped since the 1950 s and is in need of revitalization and redevelopment. The proposed request minimizes adverse effects and does not visually impact the surrounding uses as the modifications to the site include new landscaping, paving, ZC July 2, 2015 Page 55

new buildings and modern amenities which will enhance an undeveloped property that has remained overgrown and unsightly for years. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The majority of the property has been previously cleared for the existing development. Any native tree that cannot be incorporated into the site plan shall be mitigated on the site, to the greatest extent possible, pursuant to the requirements of ULDC Art. 14.C. WELLFIELD PROTECTION ZONE: The properties are 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. 93 3. 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. 93 15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The proposed project exists as a commercial development and is consistent with the development pattern for the area. The site was developed in 1957, and redevelopment of existing commercial development is encouraged by the Plan and Code. The proposed use will result in a logical, orderly and timely development pattern. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: Previously approved traffic from this project is 130 daily trips, 1 AM and 11 PM peak hour trips. The proposed project is expected to result in a decrease of 27 daily trips, an increase of 3 AM and decrease of 2 PM peak hour trips, for a grand total of 103 daily trips, 4 AM and 9 PM peak hour trips. Additional traffic is subject to review for compliance with the Unified Land Development Code Article 12 - Traffic Performance Standards (TPS). A 2017 buildout date was analyzed in the traffic study. There are no improvements to the roadway system required for compliance with TPS because this project has an insignificant impact on the surrounding roadway network; it contributes less than one percent of the adopted level of service on all links within the radius of development influence. The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The Property Owner shall obtain a Right of Way Permit from the Florida Department of Transportation for access onto or work within Military Trail. PALM BEACH COUNTY HEALTH DEPARTMENT: The application has been reviewed by the Health Department and meets the requirements at this time. Future permitting may be necessary at the time of building permit. FIRE PROTECTION: Staff has reviewed the project and has no issues with the proposed project. SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency. ZC July 2, 2015 Page 56

PARKS AND RECREATION: This is a non-residential project and therefore Parks and Recreation Department standards do not apply. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The subject property is located on Military Trail between Lantana Road and Hypoluxo Road. The area is developed with a mix of both residential and non-residential development. To the south of the property there is a Super Wal-Mart, a school, gas station, mini golf and bowling alley. As mentioned before, the bowling alley site which is immediately south, is currently under Zoning review for a Self- Service Storage Facility. The Applicant states in the Justification Statement that the site has remained undeveloped since the 1950 s and is in need of revitalization and redevelopment. As such, there are demonstrated changed conditions and circumstances that necessitate a modification. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, Staff is recommending approval of the request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C-1 and C-2. ZC July 2, 2015 Page 57

CONDITIONS OF APPROVAL Exhibit C-1 PDD- Residential Planned Development District ALL PETITIONS 1. The approved Preliminary Site Plan is dated May 26, 2015. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ENVIRONMENTAL 1. Incorporate existing native trees into the site plan and label them. If this cannot be accomplished, documentation describing why the trees cannot be incorporated shall be necessary. Tree surveys shall only include the native trees of 6 inches and greater. Labeling shall include the location of the native vegetation, tag number, species and Diameter at Breast height (DBH). (DRO: ENVIRONMENTAL RESOURCES MANAGEMENT - Environmental Resources Management) LAKE WORTH DRAINAGE DISTRICT 1. Based on the canal cross-sections provided for review. LWDD will require additional right-of-way. Prior to platting, approval from LWDD for Technical Compliance, or the issuance of any LWDD permits, the owner shall convey to LWDD either by warranty deed or exclusive easement deed the South 22.2 feet of the North 75 feet as shown on the required right-of-way maps, recorded in ORB 1732, PG 612 for the L-17 Canal. LWDD will provide and record the conveyance document. PLAT: ENG-LWDD (PLAT: ENGINEERING - Lake Worth Drainage District) PLANNING 1. Prior to Final Approval by the Development Review Officer (DRO), the Preliminary Site Plan shall be revised to show the southern location of the vehicular and pedestrian connection to the Mangone and Spirk Self Storage property, subject to approval by the Planning Division and Engineering Department. (DRO: PLANNING - Planning) 2. Prior to the issuance of the first Certificate of Occupancy, the Property Owner shall pave the vehicular and pedestrian access to the southern property line as shown on the Certified Site Plan and record a Cross Access Easement for said location in a form acceptable to the County Attorney. (CO: MONITORING - Planning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. ZC July 2, 2015 Page 58

Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC July 2, 2015 Page 59

CONDITIONS OF APPROVAL Exhibit C-2 Requested Use ALL PETITIONS 1. The approved Preliminary Site Plan is dated May 26, 2015. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations for the Self-Service Storage Facility shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC) and development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO/ONGOING: ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, 2017. 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 - Engineering) 2. Prior to issuance of the first building permit the Property Owner shall combine the property into a legal lot(s) of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 3. Prior to the issuance of the first building permit, the Property Owner shall provide a temporary roadway construction easement to Palm Beach County along Military Trail. 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. (BLDGPMT: MONITORING - Engineering) 4. Prior to issuance of the first building permit, the Property Owner shall provide to Palm Beach County sufficient public road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Military Trail along the property frontage; and a maximum of an additional 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient water quality, water quantity and, when necessary, compensating storage capacity within this project s system as required by all permitting agencies, as well as conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County, the applicable Drainage District, and the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. Specifically, one lane must be open during the 25-year, 3-day storm and the elevation for the 3-year, 1-day storm event shall provide sufficient freeboard to allow for efficient roadway drainage system design. If required and approved by the County Engineer, the Property Owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material ZC July 2, 2015 Page 60

from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. 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. (BLDGPMT: MONITORING - Engineering) 5. Prior to DRO approval, the Property Owner shall obtain an access easement from the adjacent property owner to the south. (DRO: MONITORING - Engineering) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC July 2, 2015 Page 61

Figure 1 - Land Use Map ZC July 2, 2015 Page 62

Figure 2 - Zoning Map ZC July 2, 2015 Page 63

Figure 3 - Aerial ZC July 2, 2015 Page 64

Figure 4 - Preliminary Site Plan dated May 26, 2015 ZC July 2, 2015 Page 65

Figure 5 Preliminary Regulating Plan dated May 22, 2015 ZC July 2, 2015 Page 66

Exhibit D Disclosure ZC July 2, 2015 Page 67

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Exhibit E Zoning Confirmation Letter ZCL-2012-01778 ZC July 2, 2015 Page 77

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