PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA/R2005-1727 Control No.: 1978-273 Applicant: Commerce Bank - Julian Falgons Owners: Pine Trail Square LLC Agent: Ruden, McClosky Telephone No.: (561) 838-4542, (561) 838-4542 Project Manager: Donna Adelsperger, Site Plan Technician and Ron Sullivan, Senior Site Planner Location: Southwest corner of Okeechobee Boulevard and Military Trail (Commerce Bank at Pine Trail Shopping Center). Title: Development Order Amendment. Request: To redesignate land uses. Title: Requested Use. Request: To allow a financial institution. APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Pine Trail Shopping Center. The shopping center was originally approved by the Board of County Commissioners on December 28, 1978 for mixed commercial uses. The applicant is requesting to convert 8,168 square feet of high-turnover restaurant (formerly ChuckECheese) to a 4,222 square foot financial institution with three drive-thru lanes. This proposed financial institution is located at the northern end of the shopping center adjacent to Okeechobee Boulevard. Access to the site will remain from Okeechobee Boulevard, Military Trail and Elmhurst Road. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined the request is consistent with the site s Commercial High with an underlying High Residential 8 (CH/8), Commercial Low with an underlying High Residential 8 (CL/8), and Commercial Low with an underlying High Residential 8 with crosshatching (CL/8) future land use designations. o Compatibility with Surrounding Land Uses North, across Okeechobee Boulevard, are commercial uses with a Commercial 8 future land use designation. South, across Elmhurst Road, are mixed commercial uses with a Commercial 8 future land use designation. East, across Military Trail, is the Cross County Mall, and west of the site are residential uses with a Medium Residential 5 future land use designation. The request to replace a damaged and vacant highturnover restaurant with a financial institution with three drive-thru lanes would not generate any negative impact to the existing Pine Trail shopping center. o Traffic The Engineering Department estimates there will be 12,503 trips per day. Total traffic from the previous approval was 12,147 trips per day. Net increase is expected to be 356 additional trips per day. 231

o Foundation Plantings Table 7.C.3-1 requires that foundation plantings be provided on the front and sides of the proposed building. The applicant is also providing plantings within the drive thru area as well as internal landscaped area between the financial institution and the balance of the shopping center. The applicant is also providing two paved pedestrian connects between this portion of the site, Okeechobee Boulevard and the shopping center. o Signs No additional sign is requested under this application. There are 4 existing freestanding signs located on the road frontages of Okeechobee Boulevard and Military Trail. These existing signs on Okeechobee Boulevard and Military Trail have been renovated to be architecturally compatible with the façade renovations of the shopping center that was carried out in 2002. These signs are also subject to previous Conditions G.1 through G.3. o Architectural Review Article 5.C.1.B of the ULDC requires all nonresidential projects or buildings requiring approval by the BCC or ZC to comply with the Architectural Guidelines. The applicant will also have to comply with architectural consistency with the remaining buildings of the MUPD. o Development Order Amendment Changed Circumstances The applicant indicated that hurricane damage to the high turnover restaurant has left it vacant. The proposed financial institution, requiring a requested use approval, will replace the damaged building. TABULAR DATA EXISTING PROPOSED Property Control Number(s) Land Use Designation: Zoning District: 00-42-43-25-02-000-0012 00-42-43-25-02-000-0061 00-42-43-25-02-000-0090 Commercial High, with an underlying HR-8 (CH/8); Commercial Low, with an underlying HR-8 (CL/8); and Commercial Low, with an underlying HR-8 (CL/8) with cross-hatching Multiple Use Planned Development District (MUPD) Same Same Same Tier: Urban/Suburban Same Use: Convenience Store with Gas Sales; Financial Institutions Fitness Center; Restaurant; Restaurant, Fast Food; Restaurant, High Turnover; and Retail Sales, General Acreage: 28.06 acres Same Building Coverage: 19.6% 19.4% FAR: 0.23 Same Convenience Store with Gas Sales; Financial Institutions; Fitness Center; Restaurant; Restaurant, Fast Food; and Retail Sales, General 232

Parking: 1278 spaces 1255 spaces (-23) Access: Okeechobee Boulevard (3) Military Trail (2) and Elmhurst Road (3) Same CODE ENFORCEMENT: N/A PUBLIC COMMENT SUMMARY: At the time of publication, staff had received one letter in support from the public. RECOMMENDATION: To recommend approval of the request subject to 42 conditions of approval as contained in exhibit C MOTION: To recommend approval of the request for a Development Order Amendment to re-designate land uses. MOTION: To recommend approval of a Requested Use to allow a financial institution. 233

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AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 236

SITE PLAN DATED MARCH 2, 2006 237

AFFECTED AREA DATED MARCH 2, 2006 238

PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High (CH) Commercial Low (CL) with cross hatching (0.81 acre portion) Commercial Low (CL) (0.36 acre portion) Underlying Land Use: High Residential 8 (HR-8) CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the proposed request for a Development Order Amendment (DOA) and requested use for a Financial Institution, and determined the development proposal is appropriate for this parcel's CH/8, CL/8, and CL/8 with crosshatching FLU designations. The proposed request is also consistent with the maximum Floor Area Ratio (FAR) of.50 for a site with a CH FLU designation. For this 28.07 acre site, the existing MUPD could develop with a maximum of 611,364 square feet at the.50 FAR (28.07 x 43,560 x.50 = 611,364 square feet maximum). The applicant has requested a FAR of approximately.23 or 278,599 square feet for this site. The applicant's site plan was reviewed for consistency with policies from the Future Land Use Element (FLUE) and Transportation Element (TE) that encourage vehicular and pedestrian interconnectivity both within and between sites including FLUE Policy 4.3-g, TE Policy 1.9-j, TE Policy 1.9-l, and TE Policy 1.9-m. The site's configuration does not provide for vehicular or pedestrian connectivity with the commercially designated parcels to the north and east of the site. Per the intent of the above policies, prior to Development Review Officer (DRO) certification, staff encouraged the applicant to consider revising site plan (the affected area of this MUPD) to provide additional pedestrian to and within the site to provide for more efficient and direct connections to Okeechobee Boulevard and other uses within the MUPD. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The subject site is located within the future annexation area, and within one mile, of the City of West Palm Beach and the Town of Haverhill. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: None FINDINGS: The request is consistent with the CH/8, CL/8, and CL/8 with crosshatching land use designations of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from the shopping center with the use of the interior parcel as a Bank is 12503 trips/day. Total traffic from the previous approval including use of the parcel as a high turnover sit down restaurant was 12147 trips/day. Net increase is expected to be 356 trips/day. Required Engineering Related Permits: 1) The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. 239

The following improvements to the roadway system are required for compliance with the 1990 traffic performance standards: TRAFFIC: Military Trail SEGMENT: Okeechobee to Westgate Avenue extension PRESENT: 25538 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: additional 89 trips per day TOTAL: 25627 PRESENT CAPACITY AT LEVEL OF SERVICE D : 49200 PRESENT LANEAGE: 6 lane PALM BEACH COUNTY HEALTH DEPARTMENT: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS must be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently built out and contains no native vegetation. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 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. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. PARKS AND RECREATION: This is a commercial application and Parks and Recreation U.L.D.C standards do not apply. CONCURRENCY: Concurrency is approved for Service Station 950 sq ft (existing); Restaurant - 11,000 sq ft (existing); Financial Institution 9,751 sq ft (5,529 sq ft approved and 4,222 sq ft proposed); Fast-food Restaurant 5,940 sq ft (existing); outdoor dining 432 sq ft; Food & Drug 53,689 sq ft (existing); Retail 155,458 sq ft (approved); Fitness Center 41,379 sq ft (existing) (Total 278,599 sq ft). 240

WATER/SEWER PROVIDER: (PBCWUD) Palm Beach County Water Utilities Department FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 28.06-acre site, 626 feet of frontage along Okeechobee Boulevard wide, and with an average depth of 1,000 feet accessed by Okeechobee Boulevard, Military Trail, and Elmhurst Road. The site currently supports a shopping center. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Commercial High with underlying HR-8 (CH/8) Zoning District: General Commercial (CG) Supporting: Commercial SOUTH: Comprehensive Plan: Commercial High with underlying HR-8 and Residential High 8 Zoning District: Residential High Density (RH) Supporting: Residential and Commercial center EAST: Comprehensive Plan: Commercial High with underlying HR-8 Zoning District: General Commercial/Special Exception Supporting: Cross County Shopping Center WEST: Comprehensive Plan: Commercial Low with underlying HR-8 Zoning District: Residential High Density Supporting: Commercial and Residential ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and applicable sections of the ULDC. PROJECT HISTORY: The site was originally approved for a gas station (Shell) which is located at the northeast corner of the shopping center. Petition 76-48 - Approved by the BCC for a Planned Commercial Development including a gas station (Shell gas), and an automobile sales facility on May 27, 1976 under Resolution R-76-494. Petition 76-48(B) Special Exception to amend site plan for the PCD, and to increase building square feet, relocate the gas pumps, and add a car wash facility. The request was approved on April 4, 1989 under Resolution R-89-608. SR 76-48(B) the Special Exception was revoked under Resolution R-89-608 on September 10, 1991 under Resolution 91-1222. Petition 76-48(C) - A Development Order Amendment to increase square footage for the convenience store and gas station, and was approved under Resolution R-93-1024 on August 30, 1993. Petition 76-155 Approved for a Special Exception to allow an automobile mechanical repair facility under Resolution R-76-1029 on October 28, 1976. (Pine Trail Shopping Center, outparcel) 241

Petition 78-124 - Approved for a Special Exception to allow a financial institution with drive-up teller windows under Resolution R-78-977 on August 27, 1978. (Pine Trail Shopping Center, outparcel) Petition 78-273 Approved for the rezoning request from RM to CG, and a special exception to allow a largescale community shopping center, which includes an auto service station, a financial institution and an auto service station. Resolution R-79-87 was adopted on January 23, 1979. (Pine Trail Shopping Center) Petition 79-90 was approved by the BCC for a drive-in restaurant (McDonald) on May 8, 1979 under Resolution R-79-605. Petition 79-265 Rezoning from RM to CG and a Special Exception to allow a private utility services and structures as an accessory use to the Pine Trail Shopping Center, approved under Resolution R-1764, 1765 on December 18, 1979. Petition 1978-273(A) - A Development Order Amendment to convert 41,379 square feet of retail space (former tenant -Uptons) to a fitness center. The remaining portion of the site remained unaffected by this request. Approved under Resolution R-2002-0836 on May 23, 2002. Zoning Petition DOA1978-273B Development Order Amendment to reconfigure site plan, add square footage and to allow a fast food restaurant. The remaining portion of the site remained unaffected by this request. Approved under Resolution R-2004-0148 on January 29, 2004. PROJECT DESIGN\ANALYSIS: The applicant is taking advantage of the parking bonus reduction as permitted under the current code. Only general or permitted uses are allowed to be calculated using the parking bonus reduction and as follows: 1-150,000 s.f. at 1/200 =750 spaces 150,001 207,500 s.f. at 1/500 = 115 spaces 207,501 225,676 s.f.at 1/200 = 91 and all other requested uses = 265 spaces Total number of spaces required = 1221 Total number of spaces provided = 1255 The previously plan, however, showed the parking bonus being applied to both general and requested uses. The required parking was 1278 spaces. The petitioner also indicated that pursuant to the latest survey, only 1260 spaces were provided on the site. Since this is an existing shopping enter which was first approved in the later 1970s, and the project has been redeveloped several times, staff has determined that the number of parking spaces as indicated on the survey vested, and would allow the current parking configuration prevails. FINDINGS: 1. Consistent with Comprehensive Plan. The proposed requested use 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. Supplementary Use Standards. The request complies with all relevant and appropriate portions of Sec. 5.B.1, Supplementary Regulations of the Code; 3. Compatibility. The requested use is compatible as defined in the Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development; 242

4. Design Minimizes Adverse Impact. The requested use is to convert an existing high turnover restaurant (ChuckECheese) into a financial institution. The applicant is working within an existing MUPD and the affected area will not create any additional adverse effects, including visual impact and intensity of the proposed use on adjacent lands. 5. Adequate Public Facilities. The proposed requested use complies with Article 2.F, CONCURRENCY (Adequate Public Facilities). 6. Design Minimizes Environmental Impact. The proposed requested use minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. 7. Development Patterns. The proposed development will result in logical, timely and orderly development patterns. 8. Other Relevant Standards of the Code. The requested use complies with all standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics. 9. Consistency with Neighborhood Plans. Not applicable. 10. Changed Circumstances. The applicant indicated that hurricane damage to the high turnover restaurant has left it vacant. The proposed financial institution, requiring a requested use approval, will replace the damaged building. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report 243

EXHIBIT C CONDITIONS OF APPROVALS ALL PETITIONS 1. Condition A.1 of Resolution R-2004-148, which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions R-76-494 (Petition 76-48), R-89-608 (Petition 76-48(B)), R-91-1222 (Petition SR 76-48(B)), R-93-1024 (Petition 76-48C)), R-76-1029 (Petition 76-155), R 78-977(Petition 78-124), R-79-87 (Petition 78-273), R-79-605 (Petition 79-90), R 79-1764,R79-1765 (Petition 79-265) R-2002-0836, Petition DOA1978-273(A) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolutions R-76-494 (Petition 76-48), R-89-608 (Petition 76-48(B)), R-91-1222 (Petition SR 76-48(B)), R-93-1024 (Petition 76-48C)), R-76-1029 (Petition 76-155), R 78-977(Petition 78-124), R-79-87 (Petition 78-273), R-79-605 (Petition 79-90), R 79-1764, R79-1765 (Petition 79-265) R-2002-0836, Petition DOA1978-273(A) and R-2004-148 Petition DOA1978-273B, have been consolidated as contained herein. The property owner/applicant shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning) 2. Condition A.2 of Resolution R-2004-148, which currently states: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated November 10, 2003. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. Is hereby amended to read: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated March 2, 2006. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING-Zoning) ENGINEERING 3. The Developer shall pave or astroturf the Triangular Waiting Station at the corner. Hedge and landscaping to be behind the property line of the twenty-five (25) foot diagonal safe corner at the intersecting right-of-way lines. (ONGOING: ENG-Eng) (Previous Condition 3 of Resolution R-76-494, Petition 76-48) 4. The Developer shall provide a wheelchair ramp in the curb when constructing the curb and sidewalk at the south-east corner of Military Trail and Okeechobee Boulevard. (Previous Condition 4 of Resolution R-76-494, Petition 76-48) [COMPLETED]. 5. The Developer shall place Restrictive Covenant on the property to insure auto facility will post signs and stripe the sidewalk on their entrance by September 1, 244

or prior to building permit of sales office, which ever is first. (Previous Condition 5 of Resolution R-76-494, Petition 76-48) [COMPLETED]. 6. The Developer shall construct sidewalks and curb gutters along Military Trail and Okeechobee Boulevard. (Previous Condition 6 of Resolution R-76-494, Petition 76-48) [COMPLETED]. 7. The Developer shall convey the twenty-five (25) foot safe corner to the County at the intersection of Military Trail and Okeechobee Boulevard. (Previous Condition 7 of Resolution R-76-494, Petition 76-48) [COMPLETED]. 8. Developer shall construct sidewalk along Military Trail. (Previous Condition 1 of Resolution R-79-605, Petition 79-90) [COMPLETED]. 9. Within ninety (90) days off Special Exception approval, petitioner shall convey to Palm Beach County forty (40) feet from existing centerline for Elmhurst Road right-of-way. (Previous Condition 1 of Resolution R-79-87, Petition 78-273) [COMPLETED]. 10. Within ninety (90) days off Special Exception approval, petitioner shall convey to Palm Beach County an additional seven (7) feet of right-of-way, and further reserve a maximum of another nine (9) feet for the ultimate right-off-way for Military Trail; as approved by the County Engineer. The petitioner has agreed to waive compensation for the reserved right-of-way area and any improvements thereon. (Previous Condition 2 of Resolution R-79-87, Petition 78-273) [COMPLETED] 11. Petitioner shall construct Elmhurst Road from Military Trail westerly to the west property line to County Standards. (Previous Condition 3 of Resolution R-79-87, Petition 78-273) [COMPLETED]. 12. Petitioner shall construct an additional travel lane for both eastbound and westbound traffic on Okeechobee Boulevard from Military Trail to west property line. (Previous Condition 4 of Resolution R-79-87, Petition 78-273) [COMPLETED]. 13. Petitioner shall extend right turn lane, east approach, at the intersection of Okeechobee Boulevard and Military Trail easterly to the intersection with Zip Code Place. (Previous Condition 5 of Resolution R-79-87, Petition 78-273) [COMPLETED]. 14. Petitioner shall reconstruct and lengthen left turn lane, south approach, at the intersection of Military Trail and Elmhurst Road. (Previous Condition 6 of Resolution R-79-87, Petition 78-273) [COMPLETED]. 15. Petitioner shall construct left turn lane, east approach, at intersection of Okeechobee Boulevard and west driveway entrance. (Previous Condition 7 of Resolution R-79-87, Petition 78-273) [COMPLETED]. 16. Unless prevented by factors beyond the control of the developer, the construction of Elmhurst Road, as noted the proposed condition #3 and #11, shall proceed simultaneously with the construction of the proposed shopping center and shall be completed prior to the issuance of any Certificate of Occupancy. (Previous Condition 12 of Resolution R-79-87, Petition 78-273) [COMPLETE] 17. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Elmhurst Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT: MONITORING-Eng) (Previous Condition E.25 of 245

Resolution R-2004-148, ) 18. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. Building Permits for the proposed 4,222 square foot bank shall not be issued after January 1, 2008. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study, which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) 19. Landscape Within the Median of Okeechobee Boulevard a. The Property Owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of both Okeechobee Boulevard and Military Trail. This landscaping and irrigation shall strictly conform to the specifications and standards for the County s Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioners approval. Median landscaping installed by the Property Owner shall be perpetually maintained by the Property Owner, his successors and assigns, without recourse to Palm Beach County, unless the Property Owner provides payment for maintenance as set forth in Paragraph d below. b. The necessary permit(s) for this landscaping and irrigation shall be applied for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) c. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING - Eng) d. At the Property Owner s option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the 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. e. Alternately, at the option of the Property Owner, and prior to the issuance of a Building Permit, the Property Owner may make a contribution to the County s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County's installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project s front footage along both Okeechobee Boulevard and Military Trail. 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. LAKE WORTH DRAINAGE DISTRICT 246

1. Petitioner shall provide the right-of-way of seventy (70) feet for Lateral Canal No. 1 or an approved culvert system with a lesser width right-of-way. Developer may furnish the necessary right-of-way either by Easement Deed or Quit Claim Deed, as recommended by the Lake Worth Drainage District. (DRO: LWDD - LWDD) (Previous Condition B.5 of Resolution R-2004-148, ) [COMPLETED]. ZONING - LANDSCAPING-STANDARD 1. Prior to issuance of the Certificate of Occupancy for the fitness center, all dead, missing or damaged plant materials in the entire shopping center shall be replaced. Landscape shall be installed pursuant to planting plans prepared by Winston Lee & Associates, Inc. dated April 16, 2002. (CO: LANDSCAPE- Zoning) (Previous Condition C.1 of Resolution R-2004-148, Control No. 1978-273) 2. Petitioner shall construct the six (6) foot high privacy wall shown on plans submitted (Exhibit #7) along the project's entire west property line prior to the issuance of any building permit.(s). (BLDG PERMIT: LANDSCAPE Zoning) (Previous Condition C.2 of Resolution R-2004-148, ) 3. All cabbage palms of desirable size and condition shall be relocated and used as landscape material for this project. (CO: LANDSCAPE Zoning) (Previous Condition C.3 of Resolution R-2004-148, ) 4. All oak trees and specimen trees located in areas where parking spaces can be eliminated shall be preserved in place. Those trees of too large a size to be moved and which are located in proposed driveways and building sites, however, may be removed upon approval of the Urban Forester. (CO: LANDSCAPE- Zoning) (Previous Condition C.4 of Resolution R-2004-148, Control No. 1978-273) [COMPLETED]. 5. Pine trees located within proposed median strips five (5) feet or wider, exclusive off required parking overhang areas, shall be preserved in place. (CO: LANDSCAPE-Zoning) (Previous Condition C.5 of Resolution R-2004-148, ) 6. Fifty (50) percent of canopy trees to be planted in the landscape buffers by this approval (Petition 1978-273B) shall meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. Trunk diameter: three and one-half (3.5) inches measured at four and onehalf (4.5) feet above grade; c. Canopy diameter: Seven (7) feet diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and d. Credit may be given for existing or relocated trees provided they meet ULDC requirements. (CO: LANDSCAPE - Zoning) (Previous Condition C.6 of Resolution R-2004-148, ) 7. All palms required to be planted on the property by this approval (Petition 1978-273B) shall meet the following minimum standards at installation: a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning) (Previous Condition C.7 of Resolution R-2004-148, ) 247

8. All shrub or hedge materials required to be planted on the property by this approval (Petition 1978-273B) shall be planted in continuous masses and in a meandering and naturalistic pattern, consisting of a minimum of two (2) to three (3) varying heights. Shrub materials shall be continuously maintained to achieve the following heights and hierarchical effect: a. eighteen (18) to twenty-four (24) inches groundcover and small shrub; b. twenty-four (24) to thirty-six (36) inches medium shrub; and c. forty-eight (48) to seventy-two (72) inches large shrub. (CO: LANDSCAPE - Zoning) (Previous Condition C.8 of Resolution R-2004-148, ) 9. Field adjustment of plant materials may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings. (CO: LANDSCAPE - Zoning) (Previous Condition C.9 of Resolution R-2004-148, ) 10. All canopy trees to be planted within overhead utilities easement shall be consistent with FP&L's tree list suggested in the Plant the Right Tree in the Right Place guidelines and pursuant to Section 7.3.E.12.a of the ULDC. (CO: LANDSCAPE - Zoning) (Previous Condition C.10 of Resolution R-2004-148, ) ZONING - LANDSCAPING-ALONG THE SOUTH PROPERTY LINE (FRONTAGE OF ELMHUSRT ROAD) AFFECTED AREA ONLY 11. Landscaping and buffering along the south property line (affected potion only) shall be upgraded to include: a. a minimum of seven (7) foot wide landscape buffer strip pursuant to the Board of Adjustment approval (BA2003-00223); b. one (1) native canopy tree for each thirty (30) linear feet of the property line; c. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and, d. one (1) small shrub for each two (2) linear feet of the property line, and shall be planted on both sides of the existing wall. Shrub shall be a minimum height of eighteen (18) inches at installation. (CO: LANDSCAPE - Zoning) (Previous Condition D.1 of Resolution R-2004-148, Control No. 1978-273) ZONING - LANDSCAPING-INTERIOR 12. Landscaping along the interior driveway (western access point off Elmhurst Road) shall be upgraded to provide the following: a. within the existing landscape medians (approximately the south 130 linear feet of the median), one (1) flowering tree or canopy tree for each twenty (20) linear feet of the median; b. a continuous hedge between all trees within the islands where applicable. Shrub or hedge materials or groundcover shall be maintained at a maximum height of thirty (30) inches. (CO: LANDSCAPE - Zoning) (Previous Condition F.1 of Resolution R-2004-148, ) 13. A divider median shall be provided between each adjacent drive-thru lane as follows: a. a minimum width of five (5) feet excluding curb. This median shall extend a minimum distance of five (5) feet beyond the east and west boundaries of the overhead canopy; 248

PLANNING b. the east and west extensions of this median beyond the overhead canopy shall be planted with a palm having a minimum grey wood height of ten (10) feet and appropriate ground cover; and, c. the remaining portions of this median lying beneath the overhead canopy shall be surfaced with brick, precast paving block, or other decorative paving surface. (BLDG PERMIT: LANDSCAPE - Zoning) 1. Prior to final Development Review Officer (DRO) site plan approval, the site plan shall be revised to include notations indicating the existing or proposed/future location of sidewalks along Military Trail, Okeechobee Boulevard, and Elmhurst Road. In addition, the site plan shall include a pedestrian access connection from the fast food parcel in the southwest corner of the site to the existing or proposed/future sidewalk along Elmhurst Road. (DRO: PLANNING - Planning) (Previous Condition H.1 of Resolution R-2004-148, ) SIGNS 1. Prior to final DRC certification of the site plan, the four (4) freestanding multitenant (non-conforming) signs located on Okeechobee Boulevard and Military Trail shall be identified on the site plan as Signs A through D. (DRC: ZONING - Zoning) (Previous Condition G.1 of Resolution R-2004-148, Control No. 1978-273) 2. Non-conforming signs A through D shall be allowed to be altered as indicated on the drawings prepared by SignCraft Schematics dated April 5, 2002. The existing bases and structural supports of the non-conforming signs shall be utilized. (BLDG PERMIT: BLDG-Zoning) (Previous Condition G.2 of Resolution R-2004-148, ) 3. Non-conforming signs A through D shall be limited to the advertising of a maximum number of twelve (12) tenants per sign. (BLDG. PERMIT - BLDG- Zoning) (Previous Condition G.3 of Resolution R-2004-148, Control No. 1978-273) 4. Prior to final DRC certification of the site plan, the existing overall dimensions, sign face area, and heights of the four (4) freestanding non-conforming signs A through D shall be submitted in accordance with Condition F.2. (DRC: ZONING - Zoning) (Previous Condition G.4 of Resolution R-2004-148, Control No. 1978-273) 5. Replacement, relocation or renovation of all other signs shall be in accordance with the ULDC. (BLDG PERMIT: BLDG - Zoning) (Previous Condition G.5 of Resolution R-2004-148, ) UTILITIES 1. If any relocations/modifications to the County's existing facilities are required that are a direct or indirect result of the development, the developer shall pay for the complete design and construction costs associated with these relocations/modifications. (ONGOING: WUD WUD) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) (Previous Condition I.1 of Resolution R-2004-148, 249

) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING-Zoning) (Previous Condition I.2 of Resolution R-2004-148, Control No. 1978-273) 250

EXHIBIT D ACCIDENT HISTORY REPORT 251