PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: PDD/R-2009-03941 Control No.: 2006-00147 Applicant: Coconut Northlake LLC Owners: Coconut Northlake LLC Agent: Land Design South, Inc. - Jeff Zito Telephone No.: (561) 478-8501 Project Manager: Joyce Lawrence, Site Planner II Location: Southwest corner of Coconut Boulevard and Northlake Boulevard (Shops at Indian Trails) TITLE: an Official Zoning Map Amendment to a Planned Development District REQUEST: to allow a rezoning from the Agricultural Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District TITLE: Requested Uses REQUEST: to allow a Type I Restaurant and a Convenience Store with Gas Sales and an accessory car wash APPLICATION SUMMARY: Proposed is the rezoning of 30.71-acres of land from the Agricultural Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District to allow a commercial shopping center. The applicant is also proposing 2 requested uses for a 3,800- square foot Type I Restaurant with 1 drive thru lane, and a 3,000-square foot Convenience Store with Gas Sales (16 fueling pumps) and a-1 lane, 1,000 square foot accessory Car Wash. The preliminary site plan also indicates 88,766 square feet of General Retail; two (2) Financial Institutions (3,236 square feet and 3,764 square feet) each with 3 drive-thru lanes; 4,000 square feet of Medical Office, for an overall total of 107,566 square foot shopping center. A total of 620 parking spaces will be provided and 5 access points to the site from Northlake Boulevard (3), Coconut Boulevard (1) and Hamlin Boulevard (1). ISSUES SUMMARY: o Remand to the January 12, 2011 Development Review Officer (DRO) Meeting The subject site was scheduled to be heard at the October 7, 2010 Zoning Commission (ZC) hearing, with 2 other postponements in November and December 2010. In December 2010, the proposed application was remanded to the January 12, 2011 DRO meeting, due to significant changes to the site plan o Consistency with Comprehensive Plan On December 3, 2008, the Board of County Commissioners (BCC) adopted a Large Scale Future Land Use Amendment, Coconut/Northlake Commercial III (LGA 2008-025), Ordinance 2008-049, to change the FLU designation from Rural Residential, 1 unit per 20 acres (RR-5) to Commercial Low with underlying Rural Residential, 1 unit per 5 acres (CL/RR-5). The Planning Division has reviewed the application and has determined that the request is consistent with the CL/RR-5 Future Land Use designation of the Comprehensive Plan and the recommendations ZC July 7, 2011 Page 311

of the Western Northlake Corridor Land Use Study (WNCLUS). The subject site is in the Exurban Tier. See Staff Review and Analysis for additional information from the Planning Division. o Compatibility with Surrounding Land Uses NORTH: FLU Designation: Rural Residential (RR-10); Rural Residential (RR-20) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Residential SOUTH: FLU Designation: Rural Residential (RR-2.5) Zoning District: Agricultural Residential District (AR) Supporting: Residential EAST: FLU Designation: Rural Residential (RR-20) Zoning District: Public Ownership District (PO) Supporting: Post Office (Control No 2001-075) WEST: FLU Designation: Rural Residential (RR-10) Zoning District: Agricultural Residential District (AR) Supporting: Vacant (Control Nos. 1988-136, and 1993-036) The subject site is currently vacant with no prior Zoning approvals. It is predominantly surrounded by existing and proposed road right of ways ranging from 40 feet to 120 feet in width. The proposed design and location of the two dry retention and wetland areas on the south portion of the site provide additional separation to the adjacent properties. In addition, staff would be recommending a Landscape Condition of Approval No. 4 for the applicant to provide additional plant materials within the right of way buffer along Hamlin Boulevard to establish additional landscaping and buffering next to residential. Staff has determined that compatibility issues for the proposed use have been addressed by Code requirements and conditions of approval and does not anticipate any adverse impacts on the surrounding areas from this request. o Traffic See Staff Review and Analysis for additional information from the Traffic Division. o Landscape/Buffering To the north property line adjacent to Northlake Boulevard the applicant is proposing a 50-foot wide right-of-way buffer with no easement overlap, which complies with the Western Northlake Boulevard Corridor Design Guidelines for non residential uses, and an additional 10 feet embankment easement. A total of 60 feet of landscaping, and open space is provided along Northlake Boulevard and a 72-foot setback to the closest residential structure. Pursuant to Article 7.D.11., Foundation Planting, the applicant is proposing to relocate the required 12-foot foundation planting required at the rear of Building A which supports a loading dock for the proposed anchor retail store. The 12-foot wide foundation planting would be relocated to the 25-foot wide right-of-way buffer to completely screen the loading area of Building A from the residential uses south of Hamlim Boulevard. To the east adjacent to Coconut Boulevard, and to the west adjacent to 130 th Avenue North is a 25-foot wide right-of-way buffer next to a 10-foot wide utility easement. There are also two dry retention and wetland areas that will provide additional separation from the residential properties to the south of the site. In addition, staff would be recommending Landscape Condition of Approval No. 4, for the applicant to provide additional plant materials along Hamlin Boulevard for additional landscaping and buffering next to the residential properties. ZC July 7, 2011 Page 312

o Signs The applicant is proposing 7 Ground Mounted signs, 2 Freestanding and 5 Outparcels Identification signs. The 2 Freestanding Ground Mounted signs are proposed along Northlake Boulevard (1) and the other along Coconut Boulevard (1) at a height of 8 feet with maximum sign face area of 100 square feet per side. See Sign Condition No. 1. The Outparcel Identification signs are proposed at a height of 6 feet and a maximum sign face area of 20 square feet per side. See Sign condition 2. These proposed outparcels identification signs and also the wall signs are limited by the ULDC and are subject to ULDC Article 7 Signage requirements. 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 buildings 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 Review Condition 1. o C-Store with Gas Sales and Car Wash Approval Criteria of Article 4.B.1.A.18.a: A convenience store with gas sales shall be subject to the Approval Criteria of Article 4.B.1.A.18.a. The approval criteria provide that the proposed use shall be appropriately located subject to the following factors: a. Adequate ingress and egress have been provided; b. Adequate buffering and setbacks from residential areas have been provided; c. Sufficient vehicle stacking, circulation, access, and area for turning movements have been provided; d. The number of fueling positions proposed is excessive; e. There are not an excessive number of similar stations in the vicinity and; Intersection Criteria Article 5.E.2.B: A maximum of two auto service stations convenience stores with gas sales, or any combination thereof, shall be permitted at an intersection pursuant to Article 5.E.2.B, Intersection Criteria. The proposed Convenience Store with Gas Sales per the location map (Exhibit F) clearly demonstrates that this is the only one within the intersection of Northlake Boulevard and Coconut Boulevard. Separation Criteria Article 5.E.2.C.: A convenience store with gas sales shall be separated from any other auto service station or convenience store with gas sales pursuant to Article 5.E.2.C.1. In the Rural, Exurban, Glades and Agricultural Reserve Tiers (AGR) a convenience store with gas sales shall be located at the intersection of one collector and an arterial street, or two arterial streets, as listed in the FDOT PBC Federal Functional Classification Table. The proposal meets all of the above criteria. The site plan was revised to have the proposed Convenience Store with Gas Sales relocated to a closer proximity to Northlake Boulevard and further away from the residential uses to the south. In addition, there is adequate buffering around the perimeter of the site to address any compatibility and negative impact of the surrounding residential uses. o Western Northlake Corridor Land Use Study (WNCLUS) The subject property is located within the boundaries of the Western Northlake Corridor Land Use Study (WNCLUS) area. This study was completed on June 8, 1998. The study boundaries are bounded by Ibis s eastern property line, north to B-line Highway, west along the southern side of ZC July 7, 2011 Page 313

Hamlin Boulevard to Seminole Pratt Whitney Road and north again to B-Line. Since the request is along the southwest side of Northlake Boulevard and Coconut Boulevard, it falls within the boundaries of the WNCLUS area. TABULAR DATA EXISTING PROPOSED Property Control 00-41-42-15-00-000-7010 Same Number(s) Land Use Rural Residential (RR-20) Same Designation: Zoning District: Agricultural Residential (AR) District Multiple Use Planned Development (MUPD) Tier: Exurban Tier Same Use: Vacant General Retail Sales Medical Office Financial Institution Type I Restaurant Concenience Store with Gas Sale and accessory Car Wash Acreage: 30.71 acres Same Total Square Feet: N/A 107,566 Square Feet including a 1-lane Car Wash (1,000 s.f.) FAR: N/A 0.08% Building Coverage N/A 8% Parking: N/A 620 Spaces Access: N/A Northlake Boulevard (3) Coconut Boulevard (1) and Hamlin Boulevard(1) PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 2 responses and 1 telephone call in opposition of the project from the public with concerns regarding crime and the proposal does not fit the community lifestyle. RECOMMENDATION: Staff recommends approval of the requests subject to 43 Conditions of Approval as indicated in Exhibit C-1 and 5 Conditions of Approval as indicated in Exhibit C-2. MOTION: To recommend approval of an Official Zoning Map amendment to allow the rezoning from the Agricultural Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) Zoning District. MOTION: To recommend approval of the Requested Uses to allow a Type I Restaurant and a Convenience Store with Gas Sales including an accessory Car Wash. ZC July 7, 2011 Page 314

Figure 1 Land Use Atlas Map ZC July 7, 2011 Page 315

Figure 2 Zoning Quad Map ZC July 7, 2011 Page 316

Figure 3 Aerial ZC July 7, 2011 Page 317

Figure 4 Overall Preliminary Site Plan dated May 13, 2011 ZC July 7, 2011 Page 318

Figure 5 Preliminary Site Plan Page 1 dated May 13, 2011 ZC July 7, 2011 Page 319

Figure 6 Preliminary Site Plan Page 2 dated May 13, 2011 ZC July 7, 2011 Page 320

Figure 7 Preliminary Regulating Plan - Page 1 dated August 8, 2011 ZC July 7, 2011 Page 321

Figure 8 Preliminary Regulating Plan - Page 2 dated May 13, 2011 ZC July 7, 2011 Page 322

Figure 9 Preliminary Regulating Plan Page 3 dated May 13, 2011 ZC July 7, 2011 Page 323

PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial Low with an underlying 1 unit per 5 acres (CL/RR-5) TIER: The subject site is in the Exurban Tier. FUTURE ANNEXATION AREAS: The subject site is not within a future annexation area. INTERGOVERNMENTAL COORDINATION: The subject 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 requested rezoning from the Agricultural Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD) District, and requested uses to allow a Type I Restaurant, a Convenience Store with Gas Sales and accessory car wash, 4,000 square feet of Medical Office and has found the requests to be consistent with the site's CL/RR-5 FLU designation. This site was the subject of a large scale amendment known as Coconut/Northlake Commercial III (LGA 2008-025) which changed the FLU designation from RR-20 to CL/RR-5. This amendment was adopted by the BCC on December 3, 2008 by Ordinance No. 2008-49 with one condition. The condition reads as follows: Development of the site under the Commercial Low designation shall be limited to the following: The subject site shall be limited to a maximum of 106,566 square feet of non-residential uses The CL/RR-5 FLUA designation allows a maximum FAR of 0.10 for a project in the Exurban Tier (30.71 ac x 43,560 x 0.10 = 133,722 s.f. maximum). However, the condition associated with the future land use amendment restricts the subject site to a maximum 106,566 square feet of development. The proposed request for 106,566 square feet (0.08 FAR) therefore is consistent with the maximum square footage allowed for this project per the condition associated with the land use amendment. Per Transportation Policy 1.4-q.1., the subject site is required to provide a 50 foot easement along Northlake Boulevard as a Rural Parkway for non-vehicular pathway and landscaping. Planning has placed several conditions of approval related to the dedication and perpetual maintenance of the Rural Parkway easement. Signage of any type is not permitted within Rural Parkway easements. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject site is located within the Western Northlake Corridor Land Use Study (WNCLUS). The request for the MUPD district is consistent with the recent updates to the WNCLUS with the subject site included in the update. The subject site is also located within the Acreage Neighborhood Plan (ANP) which is administered by the Acreage Landowners Association (ALA). The ANP contains two recommendations that affect the subject site: L10 Palm Beach County should protect the aquifer and residents, by prohibiting the permitting of petroleum facilities (i.e. fuel stations, auto/truck repair, junk/salvage yards, paint shops, etc) within The Acreage Unified Planning Area. A limited number of fuel stations having no walk-in retail capacity and consisting of a maximum of four pumps with one fuel dispenser per side for a maximum of eight dispensing nozzles total that include safeguard measures that meet or exceed state and federal standards on fuel dispenser and storage systems, such as state-of-the-art secondary containment systems, may be allowed on existing commercial sites subject to Acreage Land Owners Association approval. W1 Palm Beach County should prohibit proposed changes in use and development of property that may contaminate and endanger well, septic tank and canal systems, unless such proposals are first ZC July 7, 2011 Page 324

approved by The Acreage Landowners Association or as allowed under paragraph L10 of this document. The uses associated with this application include an 8 pump, 16 dispenser gas station with convenience store, which is inconsistent with the above recommendations of the ANP. A letter was e- mailed to staff on May 25, 2011 stating that the applicant has met with the Acreage Landowners Association (ALA) and is in full support of the request. FINDINGS: The request is consistent with the CL/RR-5 Future Land Use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Northlake Blvd and Coconut Blvd. TRAFFIC IMPACTS Petitioner has estimated the build-out of the project to be December 31, 2014. Total net new traffic expected from this project is 6,657 trips per day, 614 trips in the PM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. The following roadway improvements are required for compliance with the Traffic Performance Standards: a. Signalize the intersection of Northlake at SR 7 (future). ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Northlake Boulevard from 140th Street to Coconut Boulevard Existing count: 880 Background growth: 311 Project Trips: 307 Total Traffic: 1,498 Present laneage: 2L LOS D capacity: 1,460 Projected level of service: D* (meets TPS using arterial analysis) PALM BEACH COUNTY HEALTH DEPARTMENT: No Comment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site supports several small wetland areas and associated native upland vegetation. The wetland area are subject the jurisdictional authority of the South Florida Water Management District and must receive approval from the District prior to the alteration of the wetlands. The subject site is not required to have an upland set-aside preserve. Native trees that are not incorporated into the site plan, shall be relocated on the site or mitigated. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation ZC July 7, 2011 Page 325

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. The processing facility will meet fuel tank and secondary containment requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Comment. PARKS AND RECREATION: No Comment. CONCURRENCY: Concurrency has been approved for a-106,566 square foot and a 1-lane Car Wash (1,000 square feet) development. The proposed development complies with ULDC Article 2.F., Concurrency (Adequate Public Facility Standards). 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: Rezoning Standards: When considering a development order application for rezoning to a standard Zoning District, the BCC and ZC shall consider standards 1-8 indicated below. In addition the standards indicated in section 2.B shall also be considered for rezoning to a standard Zoning District with a conditional use, and rezoning to a PDD or TDD with or without a requested use or waiver. An amendment, which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.1.B and provides the following assessment: 1. Consistency with the Plan - The proposed amendment is consistent with the Plan. On December 3, 2008, per Ordinance No. 2008-49, the BCC approved the subject site to change the Future Land Use (FLU) designation from Rural Residential, 1 unit per 20 acres (RR-20) to Commercial Low with underlying Rural Residential, 1 unit per 5 acres (CL/RR-5) by a Large Scale Future Land Use (FLU) Amendment known as Coconut/Northlake Commercial III (LGA 2008-025). The proposed MUPD Zoning District is consistent with the parcel's CL/RR-5 FLU designation of the Comprehensive Plan. The proposed amendment is consistent with the ULDC, specifically Article 3.E, Planned Development and intent of the Code for MUPD. Subject to conditions of approval, the proposed development is consistent with the goals and objectives of the Comprehensive Plan. 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 subject property is currently zoned Agricultural Residential (AR), which is inconsistent with the approved CL FLU designation. The proposed MUPD Zoning District is a compatible District with the site s CL FLU designation. As proposed and subject to the recommended conditions of approval, the proposed Zoning Map Amendment is not in conflict with the ULDC and is consistent with the stated purpose and intent of the ULDC. ZC July 7, 2011 Page 326

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 site is surrounded primarily by residential as well as undeveloped property. The proposed rezoning is compatible as defined in the Code and as conditioned herein will be generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The proposed Zoning District is appropriate for the subject property. To the north of the subject property on the opposite side of Northlake Boulevard is vacant agricultural property with AR Zoning District and RR-20 FLU designation. To the South across from Hamlim Boulevard right-of-way supports residential properties with AR Zoning District and RR-2.5 FLU designation. To the east across from the Coconut Boulevard right-of-way is a vacant site with prior approval for a Post Office with Public Ownership (PO) Zoning District and RR-20 FLU designation. To the west is vacant land with AR Zoning District and RR-10 FLU designation. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. The applicant indicates that the subject site contains disturbed wetlands that are proposed to be mitigated off site and several acres of upland vegetation with proposed preservation requirement to be transferred to a property further west on the southeast corner of Avocado Boulevard and Northlake Boulevard. In addition, the applicant is working with the appropriate jurisdictions including the Environmental Resources Management (ERM) Department and the South Florida Water Management District (SFWMD) to finalize the wetland mitigation and upland preservation requirements. The proposed rezoning will not result in any 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. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The site is currently vacant and is surrounded by a combination of developed and undeveloped properties. The applicant indicates that the proposed development will provide needed retail services for nearby residents in response to ongoing growth and development. The proposed Zoning Map Amendment would have no adverse impact on local development patterns, timing or trends. 6. Consistency with Neighborhood Plan The proposed zoning district is consistent with applicable neighborhood plans in accordance with BCC policy. The proposed development is located within the Western Northlake Corridor Land Use Study (WNCLUS) and the Acreage Neighborhood Plan (ANP) Areas. Staff received a letter dated May 10, 2011, from the Acreage Landowners Association (ALA) in support of the application. See Exhibit E. 7. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. Concurrency has been approved for 88,766 square feet of General Retail; two (2) Financial Institutions (3,236 square feet and 3,764 square feet) each with 3 drive-thru lanes; 4,000 square feet of Medical Office and 3,000 square feet Convenience Store with Gas Sales (16 fueling pumps) and a 1-lane accessory Car Wash, for an overall total of 106,566 square foot shopping center. The proposed rezoning and development complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards) and Indian Trails Improvement District (ITID). 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The site was the subject of a Large Scale Future Land Use Amendment, Coconut/Northlake Commercial III (LGA 2008-025), Ordinance No. 2008-49, adopted by the BCC on December 3, 2008 ZC July 7, 2011 Page 327

to change the FLU designation from RR-20 to CL/RR-5. The proposed zoning change will bring the site into conformance with the Comprehensive Plan and the Unified Land Development Code (ULDC). The applicant indicates in the justification statement that the request is in response to the significant residential growth that has occurred in the vicinity of the site. In addition the applicant also states that the proposed change in the zoning district is appropriate due to the existing and proposed population changes in the area, and it is also consistent with the site s commercial future land use designation. The proposed development will provide goods and services to the local population as well as offer employment opportunities for residents in and around the area. FINDINGS: Requested Uses: When considering a development order application for a conditional or requested use, or a development order amendment, the BCC and ZC shall consider standards 1 9 indicated below. A conditional or requested use or development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The Planning Division has reviewed and found the proposed requests to be consistent with the CL FLU designation and is also compatible with the MUPD Zoning District. The proposal is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. 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 proposal complies and is compatible and generally consistent with the applicable standards and provisions of the Code for use, layout, function, and general development characteristics, specifically Article 3.E, Planned Development and intent of the Code for MUPD. 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. As proposed and subject to the recommended conditions of approval, the proposed requested uses are compatible as defined in the ULDC and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. Any potential impacts have been addressed by increased setbacks, increased landscape and buffering, and will be subject to the conditions of approval. 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 design of the proposal will not create any adverse effects, including visual impact and intensity of the proposed use on adjacent lands as the site had exceeded the minimum ULDC setback requirements, and through compliance with the recommended conditions of approval. In addition there is a proposed 3.31 acres of open space and a 5.18-acre lake tract area that is oriented towards the south of the subject site that would also contribute to additional separation from the residential properties. Subject to the recommended conditions herein any potential impact that may generate from the proposed uses will be mitigated. ZC July 7, 2011 Page 328

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. The applicant indicates that the subject property currently contains disturbed wetlands that are proposed to be mitigated offsite. The site also contains several acres of upland vegetation and preservation requirement is proposed to be transferred to a property further west on the southeast corner of Avocado Boulevard and Northlake Boulevard. The applicant is currently working with ERM and SFWMD to finalize the wetland mitigation and the preservation of upland. The proposed uses and design minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The subject site is vacant and contains native vegetation. 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. Development of the site will be in accordance with the ULDC and the Exurban Tier property development regulation. The proposed site plan indicates all 1-story buildings that will be consistent with the residential development patterns in the area. Majority of the buildings are oriented towards the northern portion of the property closer to the Northlake Boulevard right-of-way, with parking, proposed open space, and a 5-18-acre lake tract area which will provide additional setbacks between the development and the residential properties to the south. The proposal will result in a logical, timely and orderly development patterns and will not adversely affect local development trends. 7. Consistency with Neighborhood Plans The proposed development or amendment is consistent with applicable neighborhood plans in accordance with BCC policy. See Rezoning No. 6 findings stated above. 8. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. See Rezoning No. 7 findings stated above. 9. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The site was the subject of a Large Scale Future Land Use Amendment, Coconut/Northlake Commercial III (LGA 2008-025), Ordinance No. 2008-49, adopted by the BCC on December 3, 2008 to change the FLU designation from RR-20 to CL/RR-5. The applicant indicates in the justification statement that the request is in response to the significant residential growth that has occurred in the vicinity of the site. The proposed development will provide goods and services to the local population. In addition, the proposal will offer employment opportunities for residents in and around the area. The proposed development will offer needed neighborhood services concurrent with the growth of residential uses within the vicinity and along Northlake Boulevard. The retail facilities and services would reduce traffic trips requiring travel of longer distances into town to pick up necessities. The request is in response to the existing and proposed population changes in the area, and it is also consistent with the site s commercial future land use designation. As more residential areas are developed, the demand for commercial related uses and services have increase with the demand to be in closer proximity to the expanding residential community. ZC July 7, 2011 Page 329

CONDITIONS OF APPROVAL EXHIBIT C-1 Non Residential Planned Development District ALL PETITIONS 1. The approved Preliminary Site Plan is dated May 13, 2011. 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 (DRO) as established in the Unified Land Development Code (ULDC), must be approved by the Board of County Commissioners (BCC) or the Zoning Commission (ZC). (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for all buildings and structures 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 Unified Land Development Code (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. All required porches and drive-thrus shall be designed to meet the minimum standards as defined by Article 5.C, as amended, and shall include a pitched roof with a minimum slope of 5:12. No flat roof shall be permitted or as otherwise approved by Architecture Review Section. (DRO: ARCH REVIEW - Zoning) 3. Prior to final approval by the Development Review Officer (DRO), the site plan shall be amended to include: a. Decorative trellis work along the primary entrances into the site from both Northlake Boulevard and Coconut Boulevard, and b. A minimum on forty (40) feet of trellis shall be provide on each side of each entrance drive isle or as approved by the Architectural Review Section. (DRO: ARCH REVIEW - 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, 2014. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (DATE: MONITORING-Eng) b. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at SR 7 and Northlake Boulevard. Signalization shall be a mast arm structure installation. The cost of signalization shall also include all design costs and any required utility relocation and right of way or easement acquisition. Building Permits for more than 4,000 sf Medical Office, 14,820 sf Pharmacy and 7,200 sf Drive-In Bank (or the equivalent of 156 net peak hour trips) shall not be issued until the developer shall provide acceptable surety to the Traffic Division in an amount as determined by the Director of the Traffic Division. (BLDG PERMIT: MONITORING-Eng). c. In order to request release of the surety for the traffic signal required by condition E.1.b, the Property Owner shall provide written notice to the Traffic Division stating that the final certificate of occupancy has been issued for this development and requesting that a signal warrant study be conducted at the intersection. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. In the event that the property is sold, the surety may be returned once the Traffic Division receives written documentation ZC July 7, 2011 Page 330

of the sale and a replacement surety has been provided to the Traffic Division by the new Property Owner. (ONGOING: ENGINEERING-Eng) 2. Prior to the issuance of Certificates of Occupancy for more than 40,000 sf of Retail or if warranted as determined by the County Engineer (whichever shall first occur), the Property Owner shall permit, fund, install and have operational the traffic signal at the western driveway connection and Northlake Boulevard. Signalization shall be a mast arm structure installation. The cost of signalization paid by the Property Owner shall also include all design costs and any required utility relocation and right of way or easement acquisition. (CO/ON-GOING:MONITORING-Eng) 3. Prior to the issuance of the first building permit, the property owner shall provide to Palm Beach County Land Development Division by warranty deed additional right of way for the construction of right turn lanes: i. at the western driveway connection onto Northlake Boulevard ii. at the middle driveway connection onto Northlake Boulevard iii. at the eastern driveway connection onto Northlake Boulevard iv. at the driveway connection onto Coconut Boulevard This right of way shall be a minimum of 280 feet in storage length, a minimum of twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. The right of way should be continued across the project entrance. 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, including a topographic survey. The Property Owner shall not record the required right of way 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) 4. The property owner shall construct: i. a west approach right turn lane on Northlake Blvd., an east approach left turn lane on Northlake Blvd., and south approach dual left turn lanes and an exclusive right turn lane at the western driveway connection (note: the inner left turn lane on the south approach must be striped out until the traffic signal is activated), ii. a west approach right turn lane on Northlake Blvd. at the middle driveway connection, iii. a west approach right turn lane on Northlake Blvd. at the eastern driveway connection, and iv. a north approach right turn lane on Coconut Blvd. at the project driveway connection. 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. a. Permits required from Palm Beach County for this construction shall be obtained prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) 5. Prior to the issuance of the first building permit, the property owner shall provide to Palm Beach County Land Development Division by warranty deed additional right of way to include the existing sidewalk along the west side of Coconut Boulevard entirely within Palm Beach County right of way. This additional right of way shall be as approved 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, excluding the existing sidewalk, including a topographic survey. The Property Owner shall not record the required right of way 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) ZC July 7, 2011 Page 331

6. The Property Owner shall design, install and perpetually maintain median landscape 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 Commissioner's 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 c and d below. a. The necessary permit(s) for this landscaping and irrigation shall be applied for from Palm Beach County Land Development 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 occupancy. (CO: MONITORING -Eng) c. 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) d. Alternately, at the option of the Property Owner or if the construction of the required landscape and irrigation is not possible due to physical constraints, the Property Owner may make a contribution to the County's Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beautification program prior to the issuance of the first Building Permit. This payment option is only available if the roadway segment is included in the County's current OTIS Master Plan and 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. (BLDG PERMIT: MONITORING -Eng) 7. Prior to issuance of the first building permit the property owner shall create a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) 8. The Property Owner shall construct a driveway connection to Hamlin Blvd, a right turn lane, east approach at the driveway connection and a 6-foot sidewalk between Coconut Blvd and the driveway connection on the north side of Hamlin Blvd. This construction should 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. Construction of these improvements shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) ENVIRONMENTAL 1. Incorporate existing native trees and under-story 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:ERM-erm) 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) ZC July 7, 2011 Page 332

2. A minimum of 65 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 to meet grade and standards requirements; and b. Credit may be given for existing or relocated trees provided they meet ULDC requirements. (DRO BLDG PERMIT: LANDSCAPE - Zoning) 3. 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) LANDSCAPING AND BUFFERING ALONG THE SOUTH PROPERTY LINE (ABUTTING HAMLIM BOULEVARD) 4. In addition to code requirements, the landscape buffer along the south property line shall be upgraded to include: a. A minimum twenty-five (25) foot wide landscape buffer, no width reduction permited; and b. one (1) palm or pine tree for each twenty (20) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BUILDING PERMIT: LANDSCAPE - Zoning) LANDSCAPE - INTERIOR 5. All landscape focal points shall be subject to review and approval by the Landscape Section and reflected on the Regulating Plan prior to final approval by the Development Review Officer (DRO). (DRO: LANDSCAPE - Zoning) 6. Prior to final approval by the Development Review Officer (DRO), the site plan shall be revised to show a divider median between each drive thru lane of Buildings B and C and D and E, and as follows: a. Minimum width of five (5) feet, excluding curb; b. A planting area shall be provided at each end of the median and shall have a minimum five (5) feet by five (5) feet of planting area extended beyond the boundary of the overhead canopy; c. One (1) palm tree with a minimum ten (10) feet of grey-wood and appropriate ground cover shall be installed in each planting area; and, d. The remaining portion of the median shall be paved with decorative paving such as pre-cast concrete pavers, stamped concrete or any other materials acceptable to the Landscape Section. (DRO: BUILDING /LANDSCAPE Zoning) LIGHTING 1. All outdoor lighting shall be extinguished no later than one-half (1/2) hour after operating hours excluding security lighting only. (ONGOING: CODE ENF - Zoning) 2. The lighting condition above shall not apply to proposed low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF - Zoning PALM TRAN 1. Prior to Plat Recordation, the property owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not 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) ZC July 7, 2011 Page 333

PLANNING 1. Per LGA Condition of approval ORD 2008-049, development of the site under the Commercial Low designation shall be limited to a maximum of 106,566 SF of non-residential uses (ONGOING: PLANNING-Planning) 2. Prior to final site plan approval by the Development Review Officer (DRO), the property owner shall provide a Rural Parkway Landscape Plan, which shall recreate the native habitat appropriate for the site, subject to review and approval by the Landscape Section and the Planning Division and at a minimum shall include the following: a. an overall fifty (50) foot wide Rural Parkway which may include the twenty (20) foot right-of-way buffer; b. An eight (8) foot wide paved multipurpose meandering pathway; c. The minimum quantities of trees and shrubs within the twenty (20) foot right-of-way portion shall be consistent with Article 7 and quantities for the remaining thirty (30) foot rural Parkway shall be determined based on site restrictions and existing native vegetation. These overall quantities may be adjusted prior to final approval of the landscape plan to achieve a native habitat; d. A minimum of eighty percent 80% native vegetation. Credit may be given for native vegetation that is relocated or is part of an approved mitigation plan; and flowering trees and/or shrubs; (DRO: LANDSCAPE/PLANNING-Planning) 3. Prior to final site plan approval by the Development Review Officer (DRO), the property owner shall submit a Rural Parkway Management Plan (RPMP) maintenance agreement for perpetual maintenance of the Rural Parkway subject to approval by Planning. (DRO-PLANNING-Planning) 4. Prior to recordation of a Plat or issuance of a Plat Waiver or other approval as allowed by the Subdivision Ordinance, the property owner shall submit a recorded Rural Parkway Easement. The Easement shall include but is not limited to: an approved Rural Parkway Landscape Plan, an approved Rural Parkway Maintenance Plan. (PLAT: MONITORING-Planning) 5. The conservation easement for the Rural Parkway shall include, but not be limited to, the following items: a. The Rural Parkway easement shall not include: i. Walls or berms in the Rural Tier; ii. No structures shall be allowed in the Rural Parkway Easement with the exception of benches/pedestrian gathering area and a drinking water fountain; b. The Rural Parkway easement may include: i. A ten (10) foot utility easement located adjacent to the right-of-way; ii. Other drainage/utility easements may only be permitted which transverse (run perpendicular to) the Rural Parkway Easement to place drainage/utilities in the developable portion of the approved site plan. iii. Other drainage easements may be permitted in the Rural Parkway Easement solely for the purposes of draining the Rural Parkway subject to approval by the County Engineering Department and the Planning Division. iv. Overlap of the Rural Parkway and Embankment Easement as long as the purposes of both easements are consistent.(ongoing:planning-planning) 6. Prior to August 1, 2014, should a Rural Parkway Conservation Easement not be recorded for the subject property by the property owner in a form acceptable to the County Attorney, Engineering Department, and Planning Division, then the approval of this Development Order (DO) shall be scheduled for review by the Board of County Commissioners with a recommendation by staff to revoke the Development Order. (DATE: MONITORING-Planning) 7. The property owner shall commence construction of the Rural Parkway, consistent with the approved Landscape Plan and in accordance with the Rural Parkway Management Plan, within 30 ZC July 7, 2011 Page 334

calendar days of issuance of the building permit. (BLDG PERMIT: MONITORING- Landscape/Planning) 8. The Rural Parkway shall be complete and in compliance with the Rural Parkway Landscape Plan and Management Plan prior to the release of the Certificate of Occupancy (CO) subject to a final inspection by a Landscape inspector and designated Planning staff. (CO:MONITORING- Landscape/Planning) 9. Prior to final site plan approval by the Development Review Officer (DRO), all notations identifying possible future locations for signage within the Rural Parkway shall be removed. (DRO- PLANNING-Planning) 10. Signs of any type shall not be permitted to be located within the Rural Parkway. (ONGOING- PLANNING-Planning) SIGNS 1. Ground Mounted Freestanding signs fronting on Northlake Boulevard and Coconut Boulevard shall be limited as follows: a. maximum sign height, measured from finished grade to highest point - eight (8) feet; b. maximum sign face area per side - one hundred (100) square feet per road frontage; c. maximum number of signs - one (1); and, d. style - monument style only. (BLDG PERMIT: BLDG - Zoning) 2. Freestanding Outparcel Identification signs fronting on Northlake Boulevard and Coconut Boulevard shall be limited as follows: a. maximum number of signs - five (5) (BLDG PERMIT: BLDG Zoning) SITE DESIGN 1. The site is limited to the design shown on the preliminary site plan dated May 13, 2011 with the detention areas and the wetland areas to the south and west of the property. No parking or development shall be allowed within these areas. (ONGOING: CODE ENF - Zoning) 2. Prior to final site plan approval by the Development Review Officer (DRO), the applicant shall revise the site plan to include a minimum of Fifty (50) linear feet of pavers along the entire width of the entrance on Hamlin Boulevard. (DRO: BLBG/ZONING Zoning) 3. All entrances from the proposed right of way shall include pavers as indicated on the site plan dated May 13, 2011. (ONGOING: CODE ENF Zoning) USE LIMITATIONS 1. Outdoor storage or placement of any material, refuse, equipment or debris shall not be permitted in the rear of the facility or on the property. (ONGOING: CODE ENF - Zoning) 2. Construction traffic shall be prohibited from utilizing Hamlin Boulevard to access the site. (ONGOING: CODE ENF - Zoning) 3. Hours of construction activity during all stages of site development shall be limited to 7 a.m. to 7 p.m. Monday through Friday. Construction shall be prohibited on Saturday, Sunday, and statutory holidays. (ONGOING: CODE ENF - Zoning) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) ZC July 7, 2011 Page 335

2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) ZC July 7, 2011 Page 336

EXHIBIT C-2 Requested Use - Convenience Store with Gas Sales USE LIMITATIONS - CONVENIENCE STORE 1. Gas station canopies shall be designed consistent with the following standards: a. a maximum height of twenty-five (25) feet measured from finished grade to highest point; b. a pitched roof with a minimum slope of 5:12. No flat roof shall be permitted; c. the clearance of the canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy; d. lighting for the gas station canopy shall be flush mounted or recessed; and, e. canopy signage shall be prohibitted on the south side facing Hamlin Boulevard and along the west side of the canopy only. (DRO: ARCH REVIEW - Zoning) 2. Repair or maintenance of vehicles shall not be permitted on the property, excluding incidental and emergency repairs. (ONGOING: CODE ENF - Zoning) 3. Prior to final approval by the Development Review Officer (DRO), the site plan shall be amended to indicate facilities for the provision of free air and water for customer convenience. (DRO: ZONING - Zoning) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) ZC July 7, 2011 Page 337

Exhibit D: Disclosure Forms ZC July 7, 2011 Page 338

ZC July 7, 2011 Page 339

ZC July 7, 2011 Page 340

ZC July 7, 2011 Page 341

ZC July 7, 2011 Page 342

ZC July 7, 2011 Page 343

ZC July 7, 2011 Page 344

ZC July 7, 2011 Page 345

Exhibit E: Letter from The Acreage Landowners Association dated May 10, 2011 ZC July 7, 2011 Page 346

Exhibit F: Gas Station Map ZC July 7, 2011 Page 347