PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: CB/CA-2015-02340 Application Name: Chevra Kadisha Cemetery Control No.: 1979-00132 Applicant: Congregation Cheva Kadisha Inc. Owners: ARL Koehler LLC Agent: Miller Land Planning - Bradley D Miller Telephone No.: (561) 736-8838 Project Manager: Yoan Machado, Site Planner II TITLE: a Class B Conditional Use REQUEST: to allow two (2) Cemeteries. TITLE: a Class A Conditional Use REQUEST: to allow a Place of Worship. APPLICATION SUMMARY: Proposed are a Place of Worship and two cemeteries for the Chevra Kadisha Cemetery. The 14.7-acre was last approved by the Board of County Commissioners (BCC) on June 28, 1979 for an Official Zoning Map Amendment to rezone the property from the Agricultural (AG) and the Residential Single Family (RS) Zoning Districts to the General Commercial (CG) Zoning District. The parcel is currently vacant and undeveloped. The Preliminary Site Plan indicates two parcels, Parcel A (6.3 acres) which has a standalone 4.99- acre Cemetery and Parcel B (7.7 acres) which has a 5,324 square foot (sq. ft.) Place of Worship, with 70 seats and a collocated 4.78-acre Cemetery. The Applicant will be dedicating 0.63 acres for rights of way. A total of 36 parking spaces are provided and one access point is proposed from Congress Ave. SITE DATA: Location: Southwest corner of Congress Avenue and Lantana Road. Property Control Number(s) 00-43-45-06-00-000-1040 Existing Land Use Designation: Commercial High, with an underlying HR-8 (CH/8) and High Residential (HR-8) Proposed Land Use Designation: No proposed change Existing Zoning District: General Commercial District (CG) Proposed Zoning District: No proposed change Acreage: 14.66 acres Overall; 6.3 Acres Parcel A; 7.7 Acres Parcel B and 0.63 Right of Way dedication Tier: Urban/Suburban Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile Atlantis, Boynton Beach Future Annexation Area Lantana RECOMMENDATION: Staff recommends approval of the requests subject 15 Conditions of Approval as indicated in Exhibit C-1, 15 Conditions of Approval as indicated in Exhibit C-2 and 18 Conditions of Approval as indicated in Exhibit C-3. PUBLIC COMMENT SUMMARY: At the time of publication, Staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: Application No. Request Resolution No Approval Date Z/SE-1979-00132 An Official Zoning Map Amendment to R-1979-921 June 28, 1979 ZC May 5, 2016 Page 86
SE-1979-00132 (A) allow a rezoning from the Agricultural (AG) Zoning District in part and Residential Single Family (RS) Zoning District in part to the General Commercial (CG) Zoning District A Special Exception to allow a Planned Commercial Development in excess of 50,000 sq. ft. A Special Exception to amend the Site Plan for a Planned Commercial Development in excess of 50,000 sq. ft. to allow a Recreational Facility and Amusements and Attractions and Exhibits and to redesign the site. Corrective A Corrective Resolution amending Resolution R-1987-414 that inadvertently omitted Conditions of Approval. DOA-1979-00132 (B) ABN-1979-00132 (C) A Development Order Amendment (DOA) to modify conditions of Approval (Impact Fees) of Resolution R-1979-922 A Development Order Abandonment revoking a Special Exception to allow a Planned Commercial Development. R-1979-922 June 28, 1979 R-1987-414 October 23,1986 R-92-1602 October 27, 1992 R-1991-1709 Denied November 26, 1991 R-1992-359 March 10, 1992 SURROUNDING LAND USES: NORTH: FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: Agriculture Residential District (AR) Supporting: Vacant Residential (Viacom Outdoor, Control No. 2003-40503) SOUTH: FLU Designation: High Residential (HR-8) Zoning District: Agriculture Residential District (AR) and Single-Family Residential District (RS) Supporting: Vacant Residential (Palm Breezes Mobile Home Park, Control No. 1983-00124) EAST: FLU Designation: Commercial High (CH) Zoning District: General Commercial District (CG) Supporting: Commercial (Atlantis Plaza, Control No. 1976-00018) WEST: FLU Designation: High Residential (HR-8) Zoning District: Agriculture Residential District (AR) Supporting: Residential (Palm Breezes Mobile Home Park, Control No. 1983-00124) 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. ZC May 5, 2016 Page 87
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 uses are consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including previous Land Use Amendments, densities and intensities of use. o Prior Land Use Amendments: The site has been the subject of a County initiated Land Use amendment known as, Commercial Categories 83a, 83b, which was part of a series of County Initiated amendments that applied the Commercial High and Commercial Low FLU to properties with a Commercial FLU around the County. It was adopted on December 5, 2001 by ORD. 2001-087 with no conditions. o Intensity: The maximum Floor Area Ratio (FAR) of 0.45 is allowed for an Institutional project with a CH FLU designation in the Urban Suburban Tier (14.66 acres x 43,560 sq. ft. x 0.45 maximum FAR = 223,536.85 sq. ft. (sq ft) maximum). The request for a total of 5,324 square feet equates to a FAR of approximately 0.008 (5,324 / 638,662 surveyed square feet or 14.662 acres = 0.008336). o Special Overlay District/ Neighborhood Plan/Planning Study Area: The site is not located within any neighborhood plans, overlays or plan study areas as identified in the Comprehensive 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. General Overall Site The Applicant has three requests for review and approval by both the Zoning Commission and the Board of County Commissioners. It is the intention of the Property Owner to subdivide the property in order to develop the lots with Civic/Institutional uses. Parcel A will have one use, a Cemetery and Parcel B will consist of a two uses, a Cemetery and a Place of Worship. The subdivision of the lot is a requirement for the proposed cemeteries, their Supplementary Requirements as well as requirements by the Florida Statutes. During the preliminary discussions of the project, Zoning and Land Development Staff met with the Applicant to discuss the proposed requests. The meetings resulted with the plan proposed in Figure o Parking and Loading: The Preliminary Site Plan indicates a total of 36 parking spaces provided on Parcel B, and is the minimum required and provided. Prior to Final Site Plan approval for Parcel A, the Plan must be revised to show a minimum of five parking spaces, the total parking required, since there is no maintenance area or offices proposed on the lot. o Landscaping: For Parcel A, the Preliminary Site Plan indicates a 15 foot Right of Way buffer along the north property line, abutting the new 80 foot right of way, a 15 foot Type II Incompatibility buffer along the south property line, abutting the vacant residential parcel, a 20 foot Right of Way buffer along the east property line abutting South Congress Avenue. The Site Plan must be revised prior to final approval to include a 15 foot Right of Way buffer along the West property line abutting the 25 foot access easement. Parcel B, the Preliminary Site Plan indicates a 5 foot Compatibility buffer along the north property. This must be revised prior to Final Site Plan approval to indicate a 15 foot Type II Incompatibility buffer. The Property Owner may reduce the width of the buffer because of the adjacent 80 foot LWDD canal up to 50% (7.5 feet). The South property line is proposed to be a 15 foot Type II Incompatibility buffer. The Site Plan must be revised prior to final approval to include a 15 foot Right of Way buffer along the east property line abutting the 25 foot access easement. Last, a 15 foot Type II Incompatibility Buffer shall be provided on the west property line, adjacent to the existing residential. o Signage: The Preliminary Regulating Plan includes the details of one freestanding ground mounted sign located within the proposed 80 foot right of way. Prior to Final Site Plan Approval the Site Plan shall be revised to remove the sign from the Right of Way and relocate it to either Parcel A ZC May 5, 2016 Page 88
or Parcel B. Both parcels would be allowed 1 Ground Mounted Sign, installed along the proposed Right of Way. Cemetery o Frontage: With the proposed subdivision, the Property Owner is required to construct an 80 foot right-of-way for frontage and access to the newly created parcels. This right of way will be created off of South Congress Avenue. Both parcels will have frontage and access from this new road, complying with use limitations for cemeteries to be accessed from an arterial or collector street. o Lot Size: A Cemetery is required to be located on a site with a minimum contiguous area of 30 acres unless it qualifies for an exception as outlined in Article 4.B.1.A.27.b. The Applicant has stated in the Justification Statement that each cemetery is owned and operated by a collocated or remotely located Place of Worship located within Palm Beach County, as outlined in Article 4.B.1.A.27.b.1. and can therefore be less than 5 acres but greater than 2 acres. The Preliminary Site Plan indicates Cemetery A to be 4.99 acres which is owned and operated by Congregation Chevra Kadisha and Cemetery B is 4.78 acres which is owned and operated by Congregation Chevra Kadisha d/b/a South Florida Jewish Cemetery. Both cemeteries have already been licensed by the State of Florida Division of Funeral, Cemetery and Consumer Services. License information is provided with the application in Exhibit E. Place of Worship o Frontage/Lot Size: Article 4.B.1.A.29 requires that a Place of Worship will be located on the new 80 foot right of way (Non-planned collector) and has a minimum frontage of 100 ft. The subject property is located on Congress Avenue which is classified as an arterial street and has 1,113 ft. of frontage and therefore complies with the frontage and access requirements of the use. o Architectural Review: The Preliminary Architectural Elevations have been reviewed for compliance with the Architectural Design Standards in Article 5.C as part of this submittal. Staff has also included a Condition of Approval within Exhibits C-1, C-2 and C-3 for submission of the Final Architectural Elevations prior to final approval by the Development Review Officer (DRO). 3. Compatibility with Surrounding Uses The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The proposed uses are compatible and generally consistent with the uses and character of the surrounding land. The site is appropriately located along Congress Avenue. The civic uses are a good transitional type use typically located near commercial and residential use types. Buffers will be provided around the developments in accordance with Code that further address impacts. 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 proposed subdivision and layout of the two lots does not provide for any visually impact from the surrounding properties or rights of ways. There is only 1 proposed structure on Parcel B. If in the future the Property Owner were to propose a structure on Parcel A, they would be required to come back through the applicable review process at that time to add that intensity, complying with all code regulations. Additionally, any existing or proposed issues with regard to compatibility have been addressed through the required perimeter landscaping buffers. 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 site has been previously cleared of most of the vegetation with the exception of scattered cabbage palm trees. The palms shall be incorporated into the site plan or relocated on the site. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. ZC May 5, 2016 Page 89
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 uses will result in a logical, orderly and timely development pattern. As stated above, the property is appropriately located on Congress Avenue. The site had a previous approval for a Planned Commercial Development, though abandoned in 1992. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS Property Owner has estimated the build-out of the project to be December 31, 2020. Total net new traffic expected from this project is 96 trips per day, 11 trips in the PM peak hour during the weekdays. On a weekend, 126 trips are expected during the project's peak hour of operation. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards because this project has an insignificant impact on the surrounding roadway network. The Property Owner will be conditioned either to construct a south approach left turn lane on Congress Ave at proposed project entrance or modify the existing full median opening in front of the proposed project entrance to allow north approach left and east approach left movements only. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Traffic volumes are per hour per direction Segment: Congress Ave from Hypoluxo Rd to Lantana Rd Existing count: Northbound= 992, Southbound= 971 Background growth: Northbound=251, Southbound=334 Project Trips: Northbound=2, Southbound=2 Total Traffic: Northbound=1,245, Southbound=1,307 Present laneage: 2 in each direction Assured laneage: 2 in each direction LOS D capacity: 1,960 in each direction Projected level of service: Northbound=LOS D or better, Southbound= LOS D or better The Property Owner shall reconfigure the subject property in accordance with provisions of Article 11 of the Unified Land Development Code. 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 Palm Beach County Engineering Department, Permit Section, for access onto or work within Congress Avenue. PALM BEACH COUNTY HEALTH DEPARTMENT: This project will be served by public water and an onsite sewage treatment and disposal system (OSTDS). FIRE PROTECTION: The proposed request has been reviewed by the Fire Department and there are no issues at this time. ZC May 5, 2016 Page 90
SCHOOL IMPACTS: Staff has reviewed the request and it is not subject to the requirements of School Concurrency. PARKS AND RECREATION: Staff has reviewed the request and it is not subject to the requirements of the Parks and Recreation Department. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The Applicant has stated in the Justification Statement that this site has had prior environmental conditions that have been a concern for conventional commercial development but are suitable for the proposed development and has remained vacant to the present day. Accordingly, the proposed use of the property for a Place of Worship and two cemeteries are the demonstrated changed conditions and circumstances that necessitate the 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 of change and the potential impacts generated by this change; therefore, Staff is recommending approval of the proposed Conditional Uses. 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 Exhibits C-1, C-2 and C-3. ZC May 5, 2016 Page 91
CONDITIONS OF APPROVAL Exhibit C-1 Conditional Use Class B - CEMETARY A ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 10, 2016 and the Preliminary Regulating Plan is dated February 22, 2016. 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) 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, 2020. 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. The Property Owner shall construct either i or ii, as follows: i. Left turn lane, south approach on Congress Ave at Project Entrance. This turn lane should be 280 ft in storage and 50 ft in taper or as approved by the County Engineer. ii. Modify the existing full median opening on Congress Ave in front of the Project Entrance by installing a triangular island to allow north approach left and east approach left movements only. 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. (BLDGPMT: MONITORING - Engineering) 3. Prior to issuance of the first building permit, the Property Owner shall reconfigure the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 4. Prior to recordation of the plat, the Property Owner shall abandon the UE (ORB 12533. PG 1876). (PLAT: ENGINEERING - Engineering) 5. Prior to Final Approval by the Development Review Officer (DRO), the Site Plan shall be revised to remove the monument sign located within the Right-of-Way. (DRO: ENGINEERING - Engineering) LAKE WORTH DRAINAGE DISTRICT 1. Prior to platting, the existing 15-foot Utility Easement per ORB 12533 PG 1876 shall be extinguished. (PLAT: ENGINEERING - Lake Worth Drainage District) 2. Prior to platting, a new 15-foot Utility Easement, shall be recorded on the south 15-feet of the north 20-feet of the property. The new easement shall be a Joint Use easement between LWDD and the existing utility company. (PLAT: LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 3. Prior to platting, the Property Owner shall convey a 5-foot exclusive perpetual easement to LWDD. The 5-foot easement shall be located at the northern property line, run the entire width of the property, and shall be acceptable to the District. (PLAT: LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) ZC May 5, 2016 Page 92
LANDSCAPING- PERIMETER 1. Prior to Final Site Plan approval, the Site Plan shall be revised to provide a fifteen (15) foot Rightof-Way buffer along the the west property line, abutting the twenty-five (25) foot access easement. The buffer may not overlap any drainage areas. (DRO: ZONING- Zoning) PARKING 1. Prior to Final Site Plan approval, the Site Plan shall be revised to include the required parking in accordance with Article 6 of the Unified Land Development Code (ULDC). (DRO: ZONING Zoning) SIGNAGE 1. Prior to Final Site Plan approval, the Site and Master Sign Plans shall be revised to remove the Ground Mounted sign from the eighty (80) foot Right-of-Way and re-locate it within the Parcel s boundaries. Size and number shall be in accordance with Article 8 of the Unified Land Development Code (ULDC). (DRO: ZONING Zoning) COMPLIANCE 1. In Granting this Approval, the Zoning Commission 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; 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 May 5, 2016 Page 93
CONDITIONS OF APPROVAL Exhibit C-2 Conditional Use Class B - CEMETARY B ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 10, 2016 and the Preliminary Regulating Plan is dated February 22, 2016. 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) 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, 2020. 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. The Property Owner shall construct either i or ii, as follows: i. Left turn lane, south approach on Congress Ave at Project Entrance. This turn lane should be 280 ft in storage and 50 ft in taper or as approved by the County Engineer. ii. Modify the existing full median opening on Congress Ave in front of the Project Entrance by installing a triangular island to allow north approach left and east approach left movements only. 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. (BLDGPMT: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) 3. Prior to issuance of the first building permit, the Property Owner shall reconfigure the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 4. Prior to recordation of the plat, the Property Owner shall abandon the UE (ORB 12533. PG 1876). (PLAT: ENGINEERING - Engineering) 5. Prior to Final Approval by the Development Review Officer (DRO), the Site Plan shall be revised to remove the monument sign located within the Right-of-Way. (DRO: ENGINEERING - Engineering) LAKE WORTH DRAINAGE DISTRICT 1. Prior to platting, the existing 15-foot Utility Easement per ORB 12533 PG 1876 shall be extinguished. (PLAT: ENGINEERING - Lake Worth Drainage District) 2. Prior to platting, a new 15-foot Utility Easement, shall be recorded on the south 15-feet of the north 20-feet of the property. The new easement shall be a Joint Use easement between LWDD and the existing utility company. (PLAT: LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 3. Prior to platting, the Property Owner shall convey a 5-foot exclusive perpetual easement to LWDD. The 5-foot easement shall be located at the northern property line, run the entire width of the ZC May 5, 2016 Page 94
property, and shall be acceptable to the District. (PLAT: LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) LANDSCAPING- PERIMETER 1. Prior to Final Site Plan approval, the Site Plan shall be revised to provide a fifteen (15)foot Rightof-Way buffer along the the east property line, abutting the twenty five (25) foot access easement. The buffer may not overlap any drainage areas. (DRO: ZONING- Zoning) 2. Prior to Final Site Plan approval, the Site Plan shall be revised to provide a fifteen foot Type II Incompatibility buffer along the the north property line, abutting the LWDD canal. Buffer width reduction may be allowed in accordance with Article 7 of the Unified Land Development Code (ULDC). (DRO: ZONING- Zoning) SIGNAGE 1. Prior to Final Site Plan approval, the Site and Master Sign Plans shall be revised to remove the Ground Mounted sign from the eighty (80) foot Right of-way and re-locate it within the Parcel s boundaries. Size and number shall be in accordance with Article 8 of the Unified Land Development Code (ULDC). (DRO: ZONING Zoning) COMPLIANCE 1. In Granting this Approval, the Zoning Commission 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; 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 May 5, 2016 Page 95
CONDITIONS OF APPROVAL Exhibit C-3 Conditional Use Class A - PLACE OF WORSHIP ALL PETITIONS 1. The approved Preliminary Site Plan is dated March 10, 2016 and the Preliminary Regulating Plan is dated February 22, 2016. 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 Place of Worship 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 shall be generally consistent with the Architectural Elevations dated January 25, 2016. Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO: 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, 2020. 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. The Property Owner shall construct either i or ii, as follows: i. Left turn lane, south approach on Congress Ave at Project Entrance. This turn lane should be 280 ft in storage and 50 ft in taper or as approved by the County Engineer. ii. Modify the existing full median opening on Congress Ave in front of the Project Entrance by installing a triangular island to allow north approach left and east approach left movements only. 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. (BLDGPMT: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) 3. Prior to issuance of the first building permit, the Property Owner shall reconfigure the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDGPMT: MONITORING - Engineering) 4. Prior to recordation of the plat, the Property Owner shall abandon the UE (ORB 12533. PG 1876). (PLAT: ENGINEERING - Engineering) 5. Prior to Final Approval by the Development Review Officer (DRO), the Site Plan shall be revised to remove the monument sign located within the Right-of-Way. (DRO: ENGINEERING - Engineering) LAKE WORTH DRAINAGE DISTRICT 1. Prior to platting, the existing 15-foot Utility Easement per ORB 12533 PG 1876 shall be extinguished. (PLAT: ENGINEERING - Lake Worth Drainage District) ZC May 5, 2016 Page 96
2. Prior to platting, a new 15-foot Utility Easement, shall be recorded on the south 15-feet of the north 20-feet of the property. The new easement shall be a Joint Use easement between LWDD and the existing utility company. (PLAT: LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) 3. Prior to platting, the Property Owner shall convey a 5-foot exclusive perpetual easement to LWDD. The 5-foot easement shall be located at the northern property line, run the entire width of the property, and shall be acceptable to the District. (PLAT: LAKE WORTH DRAINAGE DISTRICT - Lake Worth Drainage District) LANDSCAPING- PERIMETER 1. Prior to Final Site Plan approval, the Site Plan shall be revised to provide a fifteen (15) foot Rightof-Way buffer along the the east property line, abutting the twenty five (25) foot access easement. The buffer may not overlap any drainage areas. (DRO: ZONING- Zoning) 2. Prior to Final Site Plan approval, the Site Plan shall be revised to provide a fifteen (15) foot Type II Incompatibility buffer along the the north property line, abutting the LWDD canal. Buffer width reduction may be allowed in accordance with Article 7 of the Unified Land Development Code (ULDC). (DRO: ZONING- Zoning) SIGNAGE 1. Prior to Final Site Plan approval, the Site and Master Sign Plans shall be revised to remove the Ground Mounted sign from the eighty (80) foot Right-of-Way and re-locate it within the Parcel s boundaries. Size and number shall be in accordance with Article 8 of the Unified Land Development Code (ULDC). (DRO: ZONING Zoning) HEALTH 1. Prior to the issuance of the first building permit, the property owner shall apply for and obtain an onsite sewage treatment and disposal system (OSTDS) permit. (BLDGPMT: MONITORING - Health Department) 2. Prior to the issuance of the Certificate of Completion the proprty owner shall connect to the available public water system. (CC: MONITORING - Health Department) 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) ZC May 5, 2016 Page 97
DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit. ZC May 5, 2016 Page 98
Figure 1 - Land Use Map ZC May 5, 2016 Page 99
Figure 2 - Zoning Map ZC May 5, 2016 Page 100
Figure 3 Aerial ZC May 5, 2016 Page 101
Figure 4 - Preliminary Site Plan dated March 10, 2016 (1 of 2) ZC May 5, 2016 Page 102
Figure 4 - Preliminary Site Plan dated March 10, 2016 (2 of 2) ZC May 5, 2016 Page 103
Figure 5 Preliminary Regulating Plan dated February 22 nd, 2016 ZC May 5, 2016 Page 104
Figure 6 Preliminary Architectural Elevations dated January 25, 2016 (1 of 2) ZC May 5, 2016 Page 105
Figure 6 Preliminary Architectural Elevations dated January 25, 2016 (page 2 of 2) ZC May 5, 2016 Page 106
Exhibit D - Disclosures (1 of 4) ZC May 5, 2016 Page 107
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Exhibit D - Disclosures (2 of 4) ZC May 5, 2016 Page 113
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Exhibit D - Disclosures (3 of 4) ZC May 5, 2016 Page 119
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Exhibit D - Disclosures (4 of 4) ZC May 5, 2016 Page 125
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Exhibit E State License Confirmation Bradley D. Miller From: nasckflorida@gmail.com on behalf of Rabbi Jay Lyons <RabbiLyons@nasck.org> Sent: Monday, December 14, 2015 5:30 PM To: Bradley D. Miller; Rabbi Elchonon Zohn Subject: Fwd: Just checking in Forwarded message From: Morris, Lashonda A <Lashonda.Morris@myfloridacfo.com> Date: Monday, December 14, 2015 Subject: Just checking in To: Rabbi Jay Lyons <RabbiLyons@nasck.org> Mr. Lyons: This is to confirm that a Report of Identification for an Exempt Cemetery has been received for the following: Congregation Chevra Kadisha 6081 S Congress Ave (Parcel A) Lake Worth FL 33462 Congregation Chevra Kadisha 6081 S Congress Ave (Parcel B) d/b/a South Florida Jewish Cemetery Lake Worth FL 33462 A license for Congregation Chevra Kadisha (parcel A) has been issued (License # F087879), and approval of South Florida Jewish Cemetery (parcel B), is pending approval upon processing of the application fee. Once payment for parcel B is confirmed, a license # will be issued. Please let me know if you have any further questions. Thanks, LaShonda Morris LaShonda Morris Financial Specialist Funeral, Cemetery & Consumer Services 111 W Madison St Suite 336-F Mailing: 200 E Gaines St Tallahassee, FL 32399-0361 (850) 413-3039 (ph) (850) 413-4958 (fx) lashonda.morris@myfloridacfo.com Subscribe to Dollars & Sense, a weekly newsletter *******PLEASE NOTE THAT OUR WEB ADDRESS HAS CHANGED: http://www.myfloridacfo.com/division/funeralcemetery/******** From: nasckflorida@gmail.com [mailto:nasckflorida@gmail.com] On Behalf Of Rabbi Jay Lyons Sent: Friday, December 11, 2015 4:54 PM To: Morris, Lashonda A Subject: Just checking in Hi, Thanks again for all your help. 23 1 I hope I'm not bothering you, I just want to check in before the weekend. Did the applications reach your desk? If it would somehow be helpful, I'd be more than happy to drive up to Tallahassee on Monday and take care of everything in person. Is that helpful? Again, I can't thank you enough. -- Sincerely, ZC May 5, 2016 Page 131
Rabbi Jay Lyons Florida Regional Director National Association of Chevra Kadisha 561-376-9972 "... It is for us the living, rather, to be dedicated here to the unfinished work which they... have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us, that from these honored dead we take increased devotion..." -President Abraham Lincoln, Gettysburg Address-- Sincerely, Rabbi Jay Lyons Florida Regional Director National Association of Chevra Kadisha 561-376-9972 "... It is for us the living, rather, to be dedicated here to the unfinished work which they... have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us, that from these honored dead we take increased devotion..." -President Abraham Lincoln, Gettysburg Address ZC May 5, 2016 Page 132