PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA/R Control No.: Applicant: Woolbright Pinewood Llc Owners: Barnett Bank Palm Beach County Mcdonalds Restaurants Strawberry Lakes Masters Corp Vastgoed Dim Woolbright Pinewood Llc Agent: CWB Associates - Wes Blackman Telephone No.: (561) Project Manager: Ora Owensby, Senior Site Planner oowensby@pbcgov.com Location: Southeast corner of Lantana Road and Jog Road. (Pinewood Square) Title: Development Order Amendment. Request: To add square footage to an approved Special Exception for a Planned Commercial Development. Title: Requested Use. Request: To allow a Restaurant, Type I. APPLICATION SUMMARY: Proposed is a Development Order Amendment for Pinewood Square Shopping Center to add a Type 1 Restaurant. The latest BCC approval of the acre shopping center was October 26, The existing site is approved for 182,487 square feet of building area consisting of retail, three banks, a Type I and a Type 2 Restaurant, a General Repair facility,and an Auto Service Station. Proposed in the northeast out-parcel is a 2,990 square foot Type 1 Restaurant with 1,478 square feet of outdoor seating with 90 seats and with no drive-through. The proposed total square footage is 186,955 plus 1,478 square feet of outdoor seating. A total of 942 parking spaces will be provided and access to the site will remain from Lantana Road (3) and Jog Road (2). ISSUES SUMMARY: o Consistency with Comprehensive Plan The Palm Beach County Planning Division indicates the site has a Commercial High (CH) Future Land Use (FLU) designation. The current Conditional Use request for a Type 1 Restaurant is generally consistent with the site s FLU designation. The development is located within the Urban/Suburban Tier. See the Planning Division report for additional information. o Compatibility with Surrounding Land Uses The subject outparcel is surrounded on 3 sides by shopping centers, with existing single family residences across an existing 30-foot buffer and utility easement to the east. The ULDC addresses compatibility with surrounding land uses through the application of setbacks, landscape buffers, and other considerations. 179

2 o Traffic The Traffic Division estimates that Pinewood Square, including this request, will generate approximately 10,100 trips per day. The existing development generates approximately 8,494 trips per day. The current request will result in an approximately increase of 1606 trips per day. o Landscape/Buffering This outparcel is vacant and has an existing 30-foot wide landscape buffer and utility easement combination on the east side. Staff recommends a condition to upgrade the east buffer of the subject parcel with additional palms, and to upgrade the north right of way buffer with undulating berms, additional palms and apply the MUPD regulation for no overlap of utility easements into the right of way buffer. o Signs The applicant proposes an outparcel sign meeting the ULDC regulations of 20 square feet and six-foot height for this outparcel. The existing Master Sign Program will also be amended to delete one sign from another outparcel that was destroyed by a hurricane. The sign totals shown on the Master Sign Program are two existing signs on Jog Road. On Lantana Road there are 6 nonconforming signs existing since the 80 s (recent permit numbers are for re-facing existing signs), plus two new outparcel signs as allowed by right in the ULDC. o Exemplary Projects The exemplary features proposed include pedestrian benches, a meandering pedestrian walkway in the 30-foot buffer area, a clock tower. o Architectural Review The proposed development is subject to Article 5.C, Architectural Guidelines. Staff is recommending that architectural elevations be submitted for review and approval at time of submittal for final Development Review Officer (DRO) approval of the site plan (Arch. Review condition 4). Those elevations are required to be consistent with all applicable ULDC requirements, conditions of approval, and the DRO approved site plan. o Type 1 Restaurant Amendments in Ordinance have changed the definition of restaurants so that there are now two categories, Type 1 and Type 2. The Type 2 definition is very similar to the previous Quality Restaurant. The Type 1 includes the previous specialty, fast food and high-turnover restaurants. The Type 1 definition is: An establishment equipped to sell food and beverages in one of the following methods: drive-through sales to patrons in automobiles for take out who place orders through a window or remote transmission device; or sales to patrons for take out or dining in, that includes three or more of the following: food or beverage choices are advertised on a menu board; countertop sales where payment is made prior to consumption; disposable containers and utensils; limited service dining facilities with no hostess or waiter; and self service or prepackage condiments. Traffic generation rates are normally in the range of 130 to 500 trips per day, per 1,000 square feet of GFA, or as otherwise identified by the Institute of Traffic and Engineering. The Type 1 restaurant proposed has no drive-through and is located in accordance with the Intersection Criteria of Article 5.E.2.B (within an MUPD at a major intersection), and meets the Separation Criteria of Article 5.E.2.C.2 (a minimum separation of 500 feet from another Type 1 restaurant). 180

3 The outdoor seating area is calculated as gross floor area; however, it is exempt from concurrency as long the square footage of any covered outdoor seating is no more than 10% of the enclosed restaurant gross floor area. This provision is provided from the Traffic Division. A condition has been recommended that no outdoor seating is to be covered in order to prevent any confusion on this matter in the future. o Open space and Parking Requirements A minimum 30% open space is required in the Urban/Suburban area. Since this project was originally approved in the 1980 s, it is deficient. However, with this application, 96 excess parking spaces will be deleted and wide median islands will be provided along the main drive aisle. Even with the additional restaurant the overall nonconformity will be decreased with the approval of this application. TABULAR DATA EXISTING PROPOSED Property Control Number(s) Commercial High (CH) Same Land Use Same Designation: Zoning District: General Commercial/Special Same Exception (CG/SE) Tier: Urban/Suburban Same Use: Convenience Store with Gas Sales Financial Institution Office, Business or Professional Repair and Maintenance, General Restaurant, Type 1 Restaurant, Type 2 Retail Sales, General Acreage: acres Same Same (with additional Type 1 Restaurant with 1478 square foot outdoor seating) Floor Area: 182, , ,478 outdoor (+4,468 square feet) Building Coverage: 16.1% 16.4% (+.3%) Lot Coverage: 75.3% 73.2% (-2.1%) FAR: (+.003) Parking: 1038 spaces 942 spaces (-96) Access: Lantana (3), Jog Road (2) Same CODE ENFORCEMENT: N/A 181

4 PUBLIC COMMENT SUMMARY: At the time of publication, staff had received two (2) letters of approval, and two (2) objecting to the application with the comments generally indicating concern with traffic congestion, and odor from restaurant. RECOMMENDATION: Staff recommends approval of the request subject to 64 conditions of approval as contained in Exhibit C. MOTION: To recommend approval of a Development Order Amendment to add square footage to an approved Special Exception for a Planned Commercial Development. MOTION: To recommend approval of a Requested Use to allow a Restaurant, Type I. 182

5 183

6 Affected area 184

7 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT 185

8 OUT PARCEL PLAN DATED MAY 5,

9 SITEPLAN DATED MAY 5, 2006 MAY 5,

10 REGULATING PLAN DATED MAY 5, 2006 MAY 5,

11 SIGNAGE PLAN DATED MAY 5, 2006 MAY 5,

12 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Commercial High (CH) Underlying Land Use: None CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Development Order Amendment (DOA) to add square footage to an approved Special Exception for a Planned Commercial Development, and requested use to allow a restaurant, type I and determined the development proposal is appropriate for this parcel's CH FLU designation. 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 acre site, the existing MUPD could develop with a maximum of 567,674 square feet at the.50 FAR (26.06 x 43,560 x.50 = 567,674 square feet maximum). The applicant has requested to add 2,990 square feet to the approved 182,487 square feet for a total of 185,477 square feet or an FAR of approximately.23. 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. The applicant's site plan was reviewed for consistency with policies from the Future Land Use Element (FLUE) and Transportation Element (TE) that encourage pedestrian and bicycle linkages between existing residential and non-residential land uses, and promote the establishment of pedestrian linkages both within and between commercial (non-residential) sites to increase pedestrian accessibility and pedestrian interconnectivity including FLUE Policy 1.2-l, TE Policy 1.9-j, and TE Policy 1.9-m. In addition, FLUE Policy 4.3-i states, The Unified Land Development Code, based on County Directives and the Livable Communities Principles, shall promote sustainable design and future land use compatibility by...regulating building orientation, including height and mass restrictions [and] establishing pedestrian system linkages; and, establishing transit and non-motorized system linkages. 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/bicycle connections within and to the site to provide for more efficient and direct connections to Lantana Road and other uses within the MUPD. The site plan was revised to indicate additional connections. Therefore, the certified site plan furthers the above policies. TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is located within the future annexation area of the Town of Lantana. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile of the City of Greenacres. As part of the public hearing notice process, Zoning Staff has notified this municipality of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: None 190

13 FINDINGS: The request is consistent with the CH land use designations of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from the previously approved project: - 110,938 square feet retail; - 1,900 square foot convenience store position fueling gas station square feet quality restaurant; square feet fast food restaurant; - 1 car wash - 3 bay oil change; - 12,206 square feet drive in bank is 8,494 trips/day. Total traffic expected from the proposed project: - 155,906 square feet retail; - 1,900 square foot convenience store position fueling gas station square feet quality restaurant; square feet fast food restaurant; - 1 car wash - 3 bay oil change; - 12,206 square feet drive in bank is 8,494 trips/day was 10,100 trips per day. Additional traffic from this project subject to review of the Traffic Performance Standards is 1606 trips/day. TRAFFIC: SEGMENT: PRESENT: HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 803 TOTAL: PRESENT CAPACITY AT LEVEL OF SERVICE D : PRESENT LANEAGE: 6 lane Lantana Road Project entrance to Jog Road 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 shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. 191

14 ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently developed 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 Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. PARKS AND RECREATION: Not applicable. CONCURRENCY: Concurrency has been approved for 155,606 Retail; 16,084 bank, outdoor Type 1 Restaurant; 2412 auto service; 1900 gas station; 6485 Type 2 Restaurant. WATER/SEWER PROVIDER: 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: SITE FACTORS: A acre site, approximately 1524 feet in width with an average depth of approximately 897 feet, and accessed by Lantana Road (3) and Jog Road (2). The site is currently developed. ADJACENT LAND USE AND ZONING: NORTH: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: General Commercial/Special Exception (CG/SE) Supporting: Commercial (Lee's Square, R98-08, Control No ) SOUTH: FLU Designation: Low Residential (LR-3) Zoning District: Residential Single Family/Special Exception (RS/SE) Supporting: Single family residential (Winston Trails PUD, R , Control No ) 192

15 EAST: FLU Designation: Medium Residential (MR-5) Zoning District: Residential Single Family/Special Exception (RS/SE) Supporting: Single-family residential (Strawberry Lakes PUD, Control No 85-45) WEST: FLU Designation: Zoning District: Commercial High, with an underlying HR-8 (CH/8) General Commercial/Special Exception (CG/SE) Supporting: Commercial (Lantana Square, R , Control No 80-89) 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 all applicable section of the ULDC. FINDINGS: 1. Consistent with Comprehensive Plan. The proposed requested use for a Type 1 Restaurant 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 proposed requested use for a Type 1 Restaurant complies with all relevant and appropriate portions of Article 4.A, as amended February 23, 2006, Supplementary Regulations of the Code; this Type 1 Restaurant meets the Separation Criteria of Article 5.E.2.C.2 located in accordance with the Intersection Criteria of Article 5.E.2.B. 3. Compatibility. The proposed requested use for a Type 1 Restaurant 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; this is the last remaining outparcel of a developed shopping center and the east buffer exceeds ULDC requirements. 4. Design Minimizes Adverse Impact. The design of the proposed requested use for a Type 1 Restaurant minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The applicant points out that this revised version of the plan which eliminates the previously requested drive-thru facility is much more compatible and less intense than the previous proposal; 5. Adequate Public Facilities. The proposed requested use for a Type 1 Restaurant complies with Article 2.F, CONCURRENCY (Adequate Public Facilities); 6. Design Minimizes Environmental Impact. The proposed requested use for a Type 1 Restaurant minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The shopping center is already developed; 7. Development Patterns. This is the last remaining out-parcel of a previously developed shopping center development and its development will result in logical, timely and orderly development patterns. 193

16 8. Other Standards. The proposed requested use for a Type 1 Restaurant 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 states since this is the last remaining outparcel in an existing commercial retail center, its development will result in a logical orderly and timely development pattern. EXHIBITS Exhibit A: Exhibit B: Exhibit C: Exhibit D: Legal Description (NA - attached to resolution) Vicinity Sketch Conditions of Approval Accident History Report 194

17 EXHIBIT C CONDITIONS OF APPROVALS ALL PETITIONS 1. Previous condition A.1 of Resolution R , Control No (E) which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions Resolution R , Petition 86-08(D) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previous established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R , Control No. 86-8; R , Control No. 86-8(A); R , Control No. 86-8(C); Resolution R , Control No (D; Resolution , Control No (E); Resolution , Status Report SR 86-8C.8; and Resolution , Status Report SR C.9 have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previous established by Article 2.E of the ULDC and the Board of County Commissioners unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous condition A.2 of Resolution R , Control No (E) 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 August 16, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING) 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 May 5, 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) 3. Previous condition 1 Resolution No. R , Status Report No. SR C.9, which currently states: All previous approved conditions of approval continue to apply unless expressly modified herein. (ONGOING: MONITORING- Zoning) Is hereby deleted [REASON: no longer applicable, conditions are consolidated] 4. Previous condition 2 Resolution No. R Status Report No. SR C.9, which currently states: Prior to the issuance of a building permit, the property owner shall submit an application to the Development Review Committee for review and certification that the project is in compliance with Section 6.6.E. of the Palm Beach County Unified Land Development Code, Architectural Guidelines. (BLDG PERMIT: MONITORING Zoning) 195

18 Is hereby deleted [REASON: code requirement] 5. Previous condition 1 Resolution No. R Status Report No. SR C.8, which currently states: All previous approved conditions of approval continue to apply unless expressly amended herein. (ONGOING: MONITORING - Zoning) Is hereby deleted [REASON: no longer applicable, conditions are consolidated] ARCHITECTURAL REVIEW 1. The six (6) foot high wall shall be given architectural treatment on both sides consistent with the front of the center. (Previous condition H.6 of Resolution R , Petition 86-08(E)) (BLDG PERMIT: BLDG Arch Review) 2. In order to avoid an incompatible appearance upon east and south lying residential areas, the rear facades of the planned commercial development shall be given architectural treatment consistent with the front of the center. (Previous condition H.1 of Resolution R , Petition 86-08(E)) (BLDG PERMIT: BLDG- Zoning) 3. All mechanical and air conditioning equipment shall be roof mounted and screened with parapets or be contained within the enclosed loading and service area. Previous condition H.2 of Resolution R , Petition 86-08(E) (BLDG PERMIT: BLDG - Zoning) 4. At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the Type 1 Restaurant on Parcel K shall be submitted simultaneously with the site plan for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) ENGINEERING 1. Condition E1 of, Resolution R , Zoning Petition Number 86-08(D) which currently states: The Developer shall provide discharge control and treatment for the storm water runoff in accordance with all applicable agency requirements in effect at the time of the permit application. However, at a minimum, this development shall retain onsite the storm water runoff generated by a three (3) year-one (1) hour storm with a total rainfall of 3 inches as required by the Permit Section, Land Development Division. In the event that the subject site abuts a Department of Transportation maintained roadway, concurrent approval from the Florida Department of Transportation will also be required. The drainage system shall be maintained in an acceptable condition as approved by the County Engineer. In the event that the drainage system is not adequately maintained as determined by the County Engineer, this matter will be referred to the Code Enforcement Board for enforcement. (Previous Condition E.1 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Is hereby deleted. [REASON: Drainage is now a code requirement] 2. Prior to March 1, 1990 or prior to the issuance of the first Building Permit whichever shall first occur, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Lantana Road, 54 feet from centerline, plus right-of-way for Jog Road as indicated on Palm Beach County's Project #87-518, Parcel 135, free of all 196

19 encumbrances and encroachments as shown. 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. Right-of-way conveyances shall also include Safe Sight Corners where appropriate at intersections as determined by the County Engineer. (Previous Condition E.2 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) 3. Condition E3 of, Resolution R , Zoning Petition Number 86-08(D), which currently states: The petitioner shall pay a Fair Share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance as it presently exists or as it may from time to time be amended. The Fair Share Fee for the additional square footage presently is $47, (865 additional trips X $55.00 per trip). (Previous Condition E.3 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Is hereby deleted. - REASON: Impact fees are now a code requirement 4. In order to comply with the mandatory traffic performance standards the Developer shall be restricted to the following phasing schedule: Building Permits for more than Phase One which shall consist of 133,487 square feet of retail, a 6,000 square foot tire store and 28,000 square feet of mini warehouse, or a combination of uses which will not exceed 10,381 vehicle trips per day, shall not be issued until construction has been begun for: a. Jog Road from Melaleuca Lane to Hypoluxo Road as a 4 lane median divided section plus the appropriate paved tapers. Note: Complete b. Lantana Road from Hagen Ranch Road to Military Trail as a 4 lane median divided section plus the appropriate paved tapers. (Previous Condition E.4 of Resolution R , Petition 86-08(D)). (ONGOING:ENG-Eng) Note: Complete 5. The Developer shall plat the subject property in accordance with provisions of Palm Beach County's Subdivision Platting Ordinance 73-4 as amended prior to building permits Phase 2 as defined above. (Previous Condition E.5 of Resolution R , Petition 86-08(D)) (BLDG PERMIT:MONITORING-Eng) 6. Condition E6 of, Resolution R , Zoning Petition Number 86-08(D), which currently states: The development shall retain onsite 85% o f the storm water runoff generated by a three (3) year-one hour storm per requirements of the Permit Section, Land Development Division. (Previous Condition E.6 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Is hereby deleted. [REASON: Drainage is now a code requirement] 7. The property owner shall convey for the ultimate right-of-way of: a) Lantana Road, 54 feet from centerline, Note: Complete b) Jog Road per the existing approved alignment map on file at the office of the county Engineer. Note: Complete Conveyance must be accepted by Palm Beach County prior to issuance of First Building Permit. Right-of-way to be conveyed prior to March 15, (Previous Condition E.7 of Resolution R , Petition

20 08(D)) (ONGOING:ENG-Eng) 8. Condition E8 of,, Resolution R , Zoning Petition Number 86-08(D)which currently states: The Developer shall pay a Fair Share Fee in the amount and manner required by the Fair Share contribution for Road Improvements Ordinance as it presently exists or as it may from time to time be amended. Presently the Fair Share Fee for this project is $265, (Previous Condition E.8 of Resolution R , Petition 86-08(D)) (IMPACT FEE COORDINATOR/ENG) Is hereby deleted. - REASON: Impact fees are now a code requirement 9. Condition E9 of, Resolution R , Zoning Petition Number 86-08(D), which currently states: Based on the amount of traffic generated by this development, the Developer has agreed to contribute an additional $132, towards Palm Beach County's existing Roadway Improvement Program, (total combined funds of ($398,595.00). Credit shall be received for the work performed in Condition No. 20, a) and b). Surety required for the Construction Plans and right of way, shall be posted with the office of the County Engineer prior to the issuance of a Building Permit or prior to October 1, 1986 whichever shall first occur. (Previous Condition E.9 of Resolution R , Petition 86-08(D)) (IMPACT FEE COORDINATOR/ENG) Is hereby deleted. - REASON: Impact fees are now a code requirement 10. The Developer shall align: a) The project's entrance onto Jog Road with Petition # Note: Complete b) The project's west entrance onto Lantana Road with Petition # Note: Complete c) The project's east entrance onto Lantana Road with the entrance to Homes at Lee's Crossing. (Previous Condition E.10 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) 11. The Developer shall construct a left turn lane east approach and a right turn lane south approach on Jog Road at the project's entrance road. (Previous Condition E.11 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Note: Complete 12. The Developer shall construct a left turn lane east approach and a right turn lane west approach on Lantana Road at each of the project's entrance Roads on to Lantana Road. (Previous Condition E.12 of Resolution R , Petition 86-08(D)). (ONGOING:ENG-Eng) Note: Complete 13. Condition E13 of, Resolution R , Zoning Petition Number 86-08(D), which currently states: The Developer shall be permitted only two turnouts onto Jog Road per condition No. 15. (Previous Condition E.13 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Is hereby deleted. - REASON: Turnouts are now shown on the approved site plan 14. Condition E14 of, Resolution R , Zoning Petition Number 86-08(D) which 198

21 currently states: The Developer shall be permitted only 2 turnouts on Lantana Road per condition No. 17. (Previous Condition E.14 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Is hereby deleted. - REASON: Turnouts are now shown on the approved site plan 15. a) The Developer shall fund the Construction Plans for Jog Road as a 4 lane median divided section from Lake Worth Road south to a point 250 feet south of the centerline of Melaleuca Lane plus the appropriate tapers. These construction plans shall be per the county Engineers Approval based upon Palm Beach County's minimum construction Plan standards as they presently exist or as they may from time to time be amended. The cost of providing all plans shall be approved by the County Engineers Office. Palm Beach County shall provide these construction plans with all funding provided by the developer. Note: Complete b) The Developer shall provide Palm Beach county with all associated right of way Documents, including but not limited to, surveys, property owners' maps, legal descriptions for acquisition, parceled right of way maps, required for the for the acquisition of right of way for Jog Road from Lake Worth Road to a point 250 feet south of Melaleuca Lane plus the appropriate tapers. The Developer shall enter into an agreement with Palm Beach County's Land Acquisition Section for any and all acquisition costs prior to July 1, 1986; for which this Petitioner shall provide all necessary funds., Note: Complete c) Palm Beach County will then construct Jog Road as a 4 lane median section from Lake Worth Road south to a point 250 feet south of Melaleuca Lane plus the appropriate tapers per the County Engineers approval. Note: Complete It is the intent that this Construction Contract shall be let during the fiscal year Any funds which have not been expended for the work performed under condition No. 20 A & B shall be made available to Palm Beach County 30 days after formerly accepting all right of way documents and construction plans, or on July 1, 1987 whichever shall first occur. (Previous Condition E.15 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) 16. Condition E16 of Resolution R , which currently states: If required by the Palm Beach County Engineering Department or the South Florida Water Management District, the developer shall design the drainage system so that storm water runoff from the parking areas which may contain potentially hazardous or undesirable waste from the proposed site. (Previous Condition E.16 of Resolution R , Petition 86-08(D)) (ONGOING:ENG-Eng) Is hereby deleted. [REASON: Drainage is now a code requirement] 17. Condition E17 of Resolution R , which currently states: The property owner shall pay a Fair share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project presently is $1, (59 trips x $26.79 per trip). (Previous Condition E.17 of Resolution R , Petition 86-08(D)) (IMPACT FEE COORDINATOR) Is hereby deleted. - REASON: Impact fees are now a code requirement ENVIRONMENTAL 199

22 1. Condition #B.1. of R Petition EAC (E), which currently states: Reasonable measures shall be employed during site development to ensure that no pollutants from this property shall enter adjacent or nearby surface waters. (ONGOING: ERM- ERM) Is hereby deleted. [Reason: No longer applicable, covered by state regulations] 2. Condition #B.2. of R Petition EAC (E), which currently states: The owner of the facility will participate un an oil recycling program which ensures proper reuse or disposal of waster oil. (ONGOING: ERM-ERM) Is hereby deleted. [Reason: No longer applicable, covered by state regulations] 3. Condition #B.3. of R Petition EAC (E), which currently states: Generation and disposal of hazardous effluents into sanitary sewerage system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Regulation (FDER) and Agency responsible for sewerage works are constructed and used by project tenants or owners generating such effluents. (ONGOING: ERM-ERM) Is hereby deleted. [Reason: No longer applicable, covered by state regulations] 4. Condition #B.4. of R Petition EAC (E), which currently states: HEALTH The owner, occupant or tenant of the facility shall participate in an oil recycling program which insures proper reuse or disposal of waste oil. (ONGOING: ERM- ERM) Is hereby deleted. [Reason: No longer applicable, covered by state regulations] 1. Condition Health 1 of Resolution R , which currently states: No portion of this project is to be approved on well and/or septic tank, existing or new. Existing septic tanks are to be abandoned in accordance with Chapter 10D-6 F.A.C. (Previous Condition C.1 of Resolution R , Petition 86-08(D)) (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: Code requirement]. 2. Condition Health 2 of Resolution R , which currently states: Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site. (Previous Condition C.2 of Resolution R , Petition 86-08(D)) (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: Code requirement]. 3. Condition Health 3 of Resolution , which currently states: 200

23 Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (Previous Condition C.3 of Resolution R , Petition 86-08(D)) (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: Code requirement]. 4. Condition Health 4, of Resolution R , which currently states: Generation and disposal of hazardous effluents into sanitary sewerage system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Regulation (FDER) and Agency responsible for sewage works, are constructed and used by project tenants or owners generating such effluents. (Previous Condition C.4 of Resolution R , Petition 86-08(D)) (ONGOING: HEALTH- Health) Is hereby amended to read: Property owners and operators of facilities generating industrial, hazardous or toxic waste shall not deposit or cause to be deposited any such waste into the sanitary sewer system unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection, the Palm Beach County Health Department, and the agency responsible for sewage works are provided and used. (ONGOING: CODE ENF - Health) 5. Condition Health 5, of Resolution , which currently states: Any toxic or hazardous waste generated at this site shall be properly handled and disposed of in accordance with Chapter 17-30, F.A.C. (Previous Condition C.5 of Resolution R , Petition 86-08(D)) (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: Code requirement]. 6. Condition Health 6, of Resolution R , which currently states: Any fuel or chemical storage tanks shall be installed in accordance with Chapter 17-61, Florida Administrative code. The design and installation plans will be submitted to the Health Department for approval prior to installation. (Previous Condition C.6 of Resolution R , Petition 86-08(D)) (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: Not applicable. Not a Health Department requirement]. 7. Condition Health 7, of Resolution R , which currently states: No building permit shall be issued for the subject property until such a time that the site is connected to a public sewer system. (Previous Condition C.5 of Resolution R , Petition 86-08(D)) [erroneously numbered as C.5 under previous condition] (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: No longer applicable. The site is connected to the sewer system]. 8. Condition Health 8, of Resolution R , which currently states: There shall be no repair, oil change, car wash or maintenance of mechanical equipment conducted on the property until the facility is connected to the public sewer system. (Previous Condition C.6 of Resolution R , Petition 86-08(D)) [erroneously numbered as C.6 under previous condition] (ONGOING: CODE ENF Health) 201

24 Is hereby deleted. [REASON: No longer applicable. The site is connected to a public sewer system]. 9. Condition Health 9, of Resolution R , which currently states: Reasonable precautions shall be exercised during site development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties. (Previous Condition C.8 of Resolution R , Petition 86-08(D)) [erroneously numbered as C.8 under previous condition] (ONGOING: HEALTH- Health) Is hereby deleted. [REASON: Code requirement]. ZONING LANDSCAPE ALONG NORTH PROPERTY LINE OF PARCEL K, (FRONTAGE OF LANTANA ROAD) 1. In addition to code requirements, landscaping along the north property line of Parcel K shall be upgraded to include: a. No width reduction or easement encroachment shall be permitted. b. a minimum one (1) to three (3) foot high undulating berm with an average height of two and one-half (2.5) feet. c. one (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning) ZONING LANDSCAPE ALONG EAST PROPERTY LINE OF PARCEL K, (ABUTTING RESIDENTIAL) 1. In addition to code requirements, landscaping along the east property line of Parcel K shall be upgraded to include one (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning) LIGHTING 1. Security lighting along the western property line shall be low intensity, no greater than twelve (12) feet in height and directed away from surrounding residential properties. (Previous condition G.1 of Resolution R , Petition 86-08(E)) (BLDG PERMIT: BLDG -Zoning) 2. Security lighting shall be directed away from nearby residences. (Previous condition G.2 of Resolution R , Petition 86-08(E)) (ONGOING: CODE ENF -Bldg) SITE DESIGN 1. Previous condition A.3 of Resolution R , Control No (E) which currently states: Prior to certification, the site plan shall be amended to indicate the following: a. Minimum of two (2) loading berths, (12 feet to 30 feet each) as required for building M (Retail). b. Required five car stacking distance for the proposed 4,000 square feet financial institution. c. Handicap parking stalls for each use. d. A minimum 25 foot wide landscape strip shall be maintained along the eastern property line. e. Landscape alternative number 1 shall be provided along the east property line, with 12 foot canopy trees planted 20 feet on center on the outside of 202

25 the wall. This shall be supplemented with a hedge thirty six inches (36 ) on center. Additionally, 10 foot tall canopy trees shall be placed 30 feet on center on the inside of the wall. f. Self storage facility, on the south, west and north sides shall provide for the supplemental landscape requirements as stated by subsection D.5 A and B of Section of the Zoning Code. g. The number of storage bays for the self storage facility shall be indicated on the plan. h. Parking requirements for the self-storage facility shall meet the minimum requirements of Subsection D.4 of Section of the Zoning Code. (ZONING) (Previous condition A.3 of Resolution R , Petition 86-08(E) (DRO: ZONING - Zoning) Is hereby deleted [REASON: no longer applicable, there is no longer a storage facility] 4. Previous condition H.4 of Resolution R , Petition 86-08(E) which currently states: Prior to site plan certification, the site plan shall be amended to reflect the following: a) A minimum access dimension of twenty-five feet. b) 8-10 feet in height canopy trees planted 30 feet on center along the eastern property line where existing vegetation is not sufficient. c) Required and proposed interior landscape calculations. (DRO: ZONING- Zoning) Is hereby deleted [REASON: superseded by current code] 5. Prior to site plan certification, a tree survey shall be submitted indicating the preservation of existing vegetation and the incorporation of said vegetation into the project design including the western portion of the site. Parking spaces in excess of the required minimum shall be utilized to incorporate existing vegetation in the overall design. Appropriate measures shall also be taken to protect these preservation areas during site clearing and construction. (Previous condition H.5 of Resolution R , Petition 86-08(E)) (DRO: LANDSCAPE -Zoning) 6. Previous condition H.7 of Resolution R , Petition 86-08(E), which currently states: Prior to site plan certification, the site plan shall be amended to indicate the following: a) A five (5) car stacking distance. b) The required and/or proposed handicap parking spaces located on the site plan. (DRO: ZONING- Zoning) Is hereby deleted [REASON: superseded by current code] 7. The outdoor seating area of the restaurant on Parcel K shall not be covered with a solid roof. (BLDG. PERMIT:BUILDING-Zoning) TOWERS 1. Prior to site plan certification, the petitioner shall submit documentation to the Zoning Division which demonstrates that the proposed facility does not violate FAA Regulations or the Palm Beach County Airport Zoning Regulations. This documentation shall be subject to approval by the Palm Beach County Department of Airports. (Previous condition F.1 of Resolution R , 203

26 Petition 86-08(E). (ONGOING: AIRPORTS-Zoning) 2. All accessory electrical equipment shall be screened with a six (6) foot high concrete panel wall. (Previous condition F.2 of Resolution R , Control No (E) (BLDG PERMIT: BUILDING-Zoning) 3. The communication tower shall be limited to a monopole structure, a maximum of one hundred and fifty (150) feet in height measured from finished grade to highest point. Only one tower shall be permitted on the subject property. (Previous condition F.3 of Resolution R , Petition 86-08(E)) (DRO: ZONING Zoning) 4. Simultaneously with submittal to Site Plan Review Committee, the petitioner shall submit two copies of one-hundred ten percent break-point calculations for the tower. The calculations and tower location shall be subject to approval by the Planning, Zoning & Building Department. (Previous condition F.5 of Resolution R , Control No (E)) (DRO: ZONING - Zoning) 5. The communication tower shall be limited to the following: a. a maximum of twenty-one (21) transmission panels with maximum dimensions of (16 X 48 each); b. a maximum diameter width of the transmission platform shall be twelve (12) feet; and, c. a maximum of four (4) whip antennas. (Previous condition F.6 of Resolution R , Petition 86-08(E)) (BLDG PERMIT: BLDG- Zoning) 6. Should the requisite authority, such as the FCC or OSHA, having jurisdiction over the same, determine that the Tower and/or facilities are dangerous to the public's health, safety and welfare, Palm Beach County shall have the right to require the tower and/or facilities to be removed or made safe within sixty (60) days written notice. (Previous condition F.7 of Resolution R , Petition 86-08(E)) (ONGOING: HEALTH- Bldg) 7. If tower lighting is required by the FAA, the lighting shall include a screening device to direct light away from the ground. The lighting shall also include a dual lighting system consisting of red lights for nighttime and high or medium intensity flashing white lights for daytime and twilight. (Previous condition F.8 of Resolution R , Petition 86-08(E)) (CO: BLDG - Airports) UNITY OF CONTROL 1. At the time of Site Plan Review Committee application, the petitioner shall submit two copies of a unity of control. This document shall be approved by the County Attorney prior to site plan approval. (Previous condition J.1 of Resolution R , Petition 86-08(E)) (DRO: ZONING Cty Atty) USE LIMITATIONS 1. No stock loading or dumpsters pickup will be permitted between the hours of 8:00 PM and 8:00 AM. (Previous condition H.3 of Resolution R , Petition 86-08(E)) (ONGOING: CODE ENF- Zoning) 2. No outdoor loudspeaker system shall be permitted on site. (Previous condition I.1 of Resolution R , Petition 86-08(E)) (ONGOING: CODE ENF - Zoning) 3. No storage or placement of any materials, refuse, equipment or accumulated debris shall be permitted behind the structure. (Previous condition I.2 of Resolution R , Petition 86-08(E)) (ONGOING: CODE ENF -Zoning) 204

27 4. No parking of any vehicles shall be permitted along the rear of the shopping center except in designated spaces and unloading areas. (Previous condition I.3 of Resolution R , Petition 86-08(E)) (ONGOING: CODE ENF -Zoning) 5. Previous condition K.1 of Resolution R , Petition 86-08(E), which currently states: UTILITIES The property owner shall participate in a recycling program when available in the area. Material to be recycled shall include, but not be limited to, paper, plastic, metal and glass products. (ONGOING: CODE ENF - Zoning) Is hereby deleted [REASON: code requirement] 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: PBCWUD PBCWUD) COMPLIANCE 1. Previous condition L.1 of Resolution R , Petition 86-08(E), which currently states: 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) Is here by amended to read In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner 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. Previous condition L.2 of Resolution R , Petition 86-08(E), which currently states: Failure to comply with any of these conditions of approval at any time may result in: a. The denial or revocation of a building permit; the issuance of a stop work order; cease and desist order; the denial of a Certificate of Occupancy on any building or structure; or the denial or revocation of any permit or approval for any developer; owner, commercial-owner, lessee, or user of the subject property; and/or b. The revocation of the Conditional Use and any/or zoning which was approved concurrently with the Conditional Use; c. A requirement of the development to conform with updated standards of development, applicable 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; d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. 205