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 Petition No.: Z/DOA E Petitioner: Berean Baptist Church Owner: Berean Baptist Church Agent: John Abney Telephone No.: (561) Project Manager: Joyell Shaw, Planner I Location: Approximately 3/8 mile west of Benoist Farms Road on the south side of Okeechobee Blvd (Berean Baptist Church). Title: Official Zoning Map Amendment and a Development Order Amendment. Request: Rezoning from the Residential Single Family (RS) Zoning District to the Institutional Public Facilities (IPF) Zoning District. To reconfigure site plan and re-start of commencement clock. PETITION SUMMARY: Proposed is the rezoning of a 16.2 acre parcel from the Single- Family Residential (RS) Zoning District to the Institutional and Public Facilities (IPF) Zoning District to be consistent with the site s Institutional Future Land Use designation. Berean Baptist Church was initially approved by the Board of County Commissioners July 25, 1985, for a Class A Conditional Use to allow for a church, a child daycare facility, and a private school. The petitioner is proposing to relocate an approved, unbuilt portion of the school, to the south side of the site. The new building will be reduced from the originally proposed 47,453 square feet to 43,150 square feet. The overall building square footage will be 103,016 square feet, and a total of 512 spaces will be provided. Access to the site will remain from Okeechobee Boulevard. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has determined the request is consistent with the site s Institutional and Public Facilities (INST) and an underlying Low Residential 1 (LR-1) Future Land Use designation. o Compatibility with Surrounding Land Uses To the north of the site is commercial development (Petition ). To the south and west is the Thousand Pines residential community, and the property to the east supports a Residential Planned Unit Development (Petition A). Subject to conditions of approval, staff does not anticipate any adverse impacts from the request. o Traffic The Palm Beach County Engineering Department estimates there should be no net increase in traffic from this request. Petition Z/DOA E BCC District 6 Page 55

2 o Landscape/Buffering Previous conditions required the provision of landscape buffering along the entire perimeter of the site. No other changes are being requested to previously approved landscaping conditions. Staff is recommending upgraded landscape buffers along the south and east property lines to provide adequate screening for the adjacent homeowners. o Signs There are 2 existing signs, 6 feet in height and approximately 100 square feet sign face area. No additional signage is being requested at this time. o Architectural Review The proposed project is subject to the Architectural Review Guidelines. The preliminary architectural elevations submitted by the petitioner are subject to revisions to ensure compliance with the Architectural Guidelines. o Development Order Amendment Changed Circumstances The petitioner is proposing to relocate an approved, unbuilt portion of the school to the southeast side of the site. The petitioner indicated this request would allow the school to expand, due to the rapid growth of the school. The site s Industrial underlying Land Use designation would require the petitioner to rezone to be consistent with the Palm Beach County Comprehensive Plan. TABULAR DATA Property Control Number(s) Land Use Designation: EXISTING/APPROVED Institutional with underlying Low Residential 1 (INST/1) PROPOSED Same Same Zoning District: Residential Single Family/Special Exception (RS/SE) Use: church or place of worship, private school and daycare, general Institutional and Public Facilities (IPF) Same Acreage: 16.2 acres Same Floor Area: 109,335 square feet 103,016 square feet (-6319) Building Coverage: 15.5% 14.6% (-0.9) FAR: (-0.05) Parking: spaces (-145) Access: Okeechobee Blvd (1) Okeechobee Blvd (1) PUBLIC COMMENT SUMMARY: At time of publication, staff had received no response from the public. Petition Z/DOA E BCC District 6 Page 56

3 RECOMMENDATION: Staff recommends approval of the request, subject to 44 conditions as indicated in Exhibit C. MOTION: To recommend approval Official Zoning Map Amendment from the Residential Single Family (RS) Zoning District to the Institutional Public Facilities (IPF) Zoning District. MOTION: To recommend approval of a Development Order Amendment to reconfigure the site plan and re-start of commencement clock. Petition Z/DOA E BCC District 6 Page 57

4 Petition Z/DOA E BCC District 6 Page 58

5 Petition Z/DOA E BCC District 6 Page 59

6 AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT Petition Z/DOA E BCC District 6 Page 60

7 Petition Z/DOA E BCC District 6 Page 61

8 Petition Z/DOA E BCC District 6 Page 62

9 CERTIFIED SITE PLAN Petition Z/DOA E BCC District 6 Page 63

10 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Institutional and Public Facilities (INST) Underlying Land Use: Low Residential 1 (LR-1) CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a rezoning from the Residential Single Family (RS) Zoning District to the Institutional and Public Facility (IPF) Zoning District and a Development Order Amendment (DOA) to reconfigure the site plan and re-start the commencement clock. Staff has determined the development proposal is appropriate for this parcel's INST/1 FLU designation. Per FLU Policy b, "Institutional and Public Facility uses [such as churches, schools, and day care centers] may be allowed in all future land use designations (52-LU). The proposed request is also consistent with the maximum Floor Area Ratio (FAR) of.45 for a site with an INST FLU designation. For this acre site, the site could develop with a maximum of 319,120 square feet at the.45 FAR. The applicant has requested a FAR of approximately.15 or 109,335 square feet for this site. 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. The site is also within the future annexation area of 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: N/A FINDINGS: The request is consistent with the INST/1 land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: MAJOR THOROUGHFARES There should be no net increase in Traffic. Required Engineering Related Permits: The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. TRAFFIC: Okeechobee Boulevard SEGMENT: Rubin/Sansbury Way - Jog Road PRESENT: 44,638 HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: No Additional Traffic TOTAL: 44,638 Petition Z/DOA E BCC District 6 Page 64

11 PRESENT CAPACITY AT LEVEL OF SERVICE "D": 48,900 PRESENT LANEAGE: 6 Lane PALM BEACH COUNTY HEALTH DEPARTMENT: WATER: Water service 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 must be abandoned in accordance with Palm Beach County ECR-II. SEWER: Sewer 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 Rule 64E-6 FAC and Palm Beach County ECR-I. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently developed and contains no native vegetation in the proposed construction area. Existing native vegetation has already been incorporated into the site plan and an up-land 25% set-aside exists from previous approvals. 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. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards). OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact. PARKS AND RECREATION: No comments. PREM: No comments. CONCURRENCY: A Concurrency Reservation, C, exists for 103,016 square foot church, school and daycare. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. Petition Z/DOA E BCC District 6 Page 65

12 DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 16.2-acre site, approximately 619 feet in width with an average depth of 1,157 feet accessed by Okeechobee Blvd (1). The site currently supports a church, a private school and a daycare, general. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Commercial with underlying LR-3 (C/3) Zoning District: Neighborhood Commercial (CN) Supporting: Commercial (Petition ) SOUTH: Comprehensive Plan: Low Residential 1 (LR -1) Zoning District: Residential Single Family (RS) Supporting: Thousand Pines Residential Community EAST: Comprehensive Plan: High Residential 8 (HR-8) Zoning District: Residential Single Family/Special Exception (RS/SE) Supporting: Residential Planned Unit Development (Petition A) WEST: Comprehensive Plan: Low Residential 1 (LR-1) Zoning District: Residential Single Family (RS) Supporting: Thousand Pines Residential Community ZONING REQUIREMENTS: Pursuant to the Unified Land Development Code (ULDC), the Development Review Committee (DRC) shall certify a final site plan. The DRC review will assure compliance with the Board of County Commissioners conditions of approval, and applicable sections of the ULDC. FINDINGS: The request is consistent with the ULDC and the stated purpose and intent of the ULDC. The request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. The request is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property and the appropriate zoning district for the subject property. Conditions in the area of the subject property have changed to the extent to warrant the request. The proposal complies with all relevant and appropriate portions of Sec. 6.6 (Supplementary Regulations) of the ULDC. The design of the proposed use should minimize any adverse effects on adjacent lands. The request will result in a logical, timely and orderly 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 Petition Z/DOA E BCC District 6 Page 66

13 EXHIBIT C CONDITIONS OF APPROVAL NOTE: All previous conditions of approval are shown in BOLD and will be carried forward with this petition unless expressly modified. A. ALL PETITIONS 1. Condition A.1 of Resolution R , Petition C which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Petition 85-84(B), 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. (ONGOING: MONITORING-Zoning) Is hereby amended to read: All previous conditions of approval applicable to the subject property as contained in Resolution R , Petition (C), 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. (ONGOING: MONITORING-Zoning) 2. Condition A.2 of Resolution R , Petition C which currently states: The current Section 5.8 review date for commencement of development is hereby extended to May 25, (ONGOING: MONITORING-Zoning) Is hereby amended to read: The petitioner shall have three (3) years from adoption of the resolution approving Petition E to commence development on the site. Only one (1) administrative time extension for a maximum of twelve (12) months may be granted. (DATE: MONITORING-Monitoring) 3. Condition A.3 of Resolution R , Petition C 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 April 23, 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 December 19, 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) Petition Z/DOA E BCC District 6 Page 67

14 B. BUILDING AND SITE DESIGN 1. The minimum setback for all primary structures adjacent to the east property line shall be fifty (50) feet. Modular structures shall maintain a minimum of thirty-three (33) feet from the east property line. (DRC: ZONING/ Building) Previous Condition A.4 of Resolution R , Petition C) 2. Condition A.5 of Resolution R , Petition C which currently states: Certificate of Occupancy for no more than 127,000 square feet shall be issued until all modular structures are removed. (CO: MONITORING - Bldg) Is hereby amended to read: Prior to the issuance of the first Certificate of Occupancy for the final phase, all modular structures shall be removed from the subject property. (CO: MONITORING/BLDG- Zoning) 3. Condition A.12 of Resolution R , Petition C which currently states: A shared parking study shall be submitted and approved by the Zoning Division prior to final site plan certification by the Development Review Committee (DRC). Is hereby deleted: REASON: [Completed]. 4. Condition A.13 of Resolution R , Petition C which currently states: Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to include five (5) drop-off spaces a minimum of twelve (12) feet in width by twenty (20) feet in length for the day care. (BUILDING-Zoning) Is hereby deleted [REASON: Completed]. C. ENVIRONMENTAL RESOURCES MANAGEMENT 1. The developer shall preserve existing significant vegetation wherever possible and shall incorporate said vegetation into the project design. Appropriate measures shall also be taken to protect these preservation areas during site clearing and construction. (Previous Condition No. B.1 of Resolution R , Petition No C). (ERM) 2. The area of intact native vegetation located in the northeastern quadrant of the property (identified on the Site Plan as "Preserved Natural Area"), shall be maintained as a native vegetation preserve. (Previous Condition No. B.2 of Resolution R , Petition No C). (ERM) 3. The preserve area adjacent to Okeechobee Boulevard shall be a minimum of 0.83 acre. (DRC: ERM) (Previous Condition No. B.3 of Resolution R , Petition No C). (ERM) Petition Z/DOA E BCC District 6 Page 68

15 4. A management plan for the 25% set-aside preserve area and a vegetation relocation/preservation plan which clearly shows which trees may be incorporated into the development plans and which trees can be relocated must be submitted to ERM and receive approval from ERM prior to DRC certification. Previous Condition No. B.4 of Resolution R , Petition No (C). (DRC: ERM) 5. Prior to final site plan certification by DRC, a tree survey indicating existing native vegetation within the perimeter buffers only shall be submitted. (Previous Condition No. B.5 of Resolution R , Petition No C) (ERM/ZONING) D. HEALTH 1. 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 No. C.1 of Resolution R , Petition No C). (HEALTH) 2. Reasonable measure shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters. (Previous Condition No. C.2 of Resolution R , Petition No C). (HEALTH) 3. Sewer service is available to the property. Therefore, no septic tank shall be permitted on this site. All existing on site sewage disposal systems must be abandoned in accordance with Chapter 10D-6, FAC., and Palm Beach County ECR-I. (Previous Condition No. C.3 of Resolution R , Petition No C). (HEALTH) 4. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing on site potable water supply systems must be abandoned in accordance with Palm Beach County ECR-II. (Previous Condition No. C.4 of Resolution R , Petition No C). (HEALTH) 5. Petitioner shall submit architectural plans for the day care and private school facilities to the Environmental Health Section, PBCPHU, in accordance with Chapter 10D-24 prior to issuance of a building permit. (Previous Condition No. C.5 of Resolution R , Petition No C) (HEALTH-Bldg) E. ENGINEERING 1. 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 $17,949. (Previous Condition No. E.1 of Resolution R , Petition No C). (IMPACT FEE COORDINATOR) 2. The petitioner shall convey to the Lake Worth Drainage District the north 70 feet of Tract 14 for the required right-of-way for Lateral Canal No. 1 and the East 40 feet of Tract 14 for the required right-ofway for Equalizing Canal No. 2, by Quit Claim Deed or an easement deed in the form provided by said district, within 90 days of adoption of the resolution by the Board of County Commissioners. (Previous Condition E.2 of Resolution R , Petition No C). (ENG- LWDD) Petition Z/DOA E BCC District 6 Page 69

16 3. Condition E.3 of Resolution R , Petition No C). was deleted. 4. The property owner shall obtain a Turnout Permit from the Florida Department of Transportation for access onto Okeechobee Boulevard. (Previous Condition No. E.4 of Resolution R , Petition No C). Note: This turnout is presently existing. (ENG - FDOT) 5. There shall be no access to this site from along the eastern property line. (Previous Condition No. E.5 of Resolution R , Petition No C). (ENG) 6. The Property owner shall construct concurrent with additional structures in Phase 2 identified in the January 25, 1995 site plan, a separate right turn lane, west approach on Okeechobee Boulevard at the project's entrance road. 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. Permits required by Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first Building Permit. Construction shall be completed prior to the issuance of the first Certificate of Occupancy for Phase 2. (Previous Condition No. E.6 of Resolution R , Petition No C). (BLDG- Eng) 7. LANDSCAPE WITHIN MEDIAN a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape all adjacent median(s) of all abutting rights-of-way. When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (Previous Condition No. E.8.a of Resolution R , Petition No C) (BLDG PERMIT: BLDG - Eng) b. All required median landscaping, including an irrigation system if required shall be installed at the property owners expense. All landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed before the issuance of a building permit for Phase 2. (Previous Condition No. E.8.b of Resolution R , Petition No C) (BLDG PERMIT: BLDG - Eng) Petition Z/DOA E BCC District 6 Page 70

17 c. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to issuance of the first building permit to reflect this obligation. (Previous Condition No. E.8.c of Resolution R , Petition No C)) (BLDG PERMIT: BLDG-CO ATTY - Eng) 8. 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, Zoning Petition (B) which permits expansion of the Church, Private School and Day Care, to be paid at the time of issuance of the Building Permit presently is $135,410 (2,462 additional trips X $55.00 per trip). (ONGOING: ACCOUNTING - Fair Share Fee Coordinator) (Previous Condition No. E.9 of Resolution R , Petition No C) 9. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: Building Permits for the Day Care or Private School shall not be issued until construction has begun for the widening of State Road 7 from Okeechobee Boulevard to Southern Boulevard, plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng) (Previous Condition No. E.10 of Resolution R , Petition No C) 10. The property owner shall construct concurrent with additional structures in Phase 2 identified in the April 23, 1997 site plan, a separate right turn lane, west approach and a separate left turn lane south approach at the intersection of Okeechobee Boulevard and the project's entrance road. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. Permits required by Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first Building Permit. Construction shall be completed prior to the issuance of the first Certificate of Occupancy for Phase 2. (BLDG PERMIT: BLDG - Eng) (Previous Condition No. E.11 of Resolution R , Petition No C) F. LANDSCAPING - STANDARD 1. Perimeter buffers shall be supplemented with trees and shrub material in accordance with a signed and sealed landscape plan prepared by the petitioner and agreed to by the Homeowners Association of the 1000 Pines Subdivision. The landscape plan shall be submitted with the site plan and certified by the DRC. Prior to certification, documentation shall be provided to the DRC indicating approval of the plan by the 1000 Pines HOA. (Previous Condition No. F.1 of Resolution R , Petition No C) (ZONING/ERM) 2. The petitioner shall provide a chain link fence at least six (6) feet in height along the eastern, western and southern property lines. This fence shall be placed so as to be screened by the existing vegetative cover. (ZONING/Building) Previous Condition A.7 of Resolution R , Petition C) Petition Z/DOA E BCC District 6 Page 71

18 3. All newly planted or replacement of trees required in the perimeter buffer shall be native canopy trees and meet the following minimum standards at installation: a. tree height: Fourteen (14) feet; b. trunk diameter: 3.5 inches measured at 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 3.5 feet in length; and, d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (CO: LANDSCAPE - Zoning) 4. All newly planted or replacement palms required to be planted on the property by this approval 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) 5. All newly planted shrub or hedge materials 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; c. forty-eight (48) to seventy-two (72) inches large shrub; and, d. this condition does not apply to the five (5) foot wide compatibility buffer or where a single row of hedge is required on one or both sides of the wall. (CO: LANDSCAPE - Zoning) 6. All tree and palms shall be planted in a meandering and naturalistic pattern. (CO: LANDSCAPE - Zoning) G. LANDSCAPING ALONG THE SOUTH AND EAST PROPERTY LINES (ABUTTING RESIDENTIAL) 1. Landscaping and buffering along the south and east property lines shall be upgraded to include: a. a minimum twenty-five (25) foot wide landscape buffer strip; b. a six (6) foot high chain link fence. Credit may be given for the existing fence(s) provided they meet the ULDC requirements; c. one (1) canopy tree planted for each twenty (20) linear feet of the property line, alternating on both sides of the fence; d. 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, alternating on both sides of the fence. (CO: LANDSCAPE - Zoning) 2. The following landscaping requirements shall be installed on the exterior side of the required fence: Petition Z/DOA E BCC District 6 Page 72

19 a. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, b. one (1) medium shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of thirty-six (36) inches at installation. (CO: LANDSCAPE - Zoning) 3. Along the interior side of the required fence, the petitioner shall install twenty-four (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center, to be maintained at a minimum height of seventy-two (72) inches. (CO: LANDSCAPE - Zoning) H. LIGHTING 1. All outdoor lighting shall be directed away from adjacent residences. (Previous Condition No. A.8 of Resolution R , Petition C). (ONGOING: CODE ENF-Zoning) 2. No lighting shall be permitted in the outdoor play areas. (Previous Condition No. A.9 of Resolution R , Petition C) (ONGOING: CODE ENF-Zoning) 3. All outdoor lighting, excluding security lighting only, shall be extinguished no later than 9:00 p.m. daily. (Previous Condition No. A.10 of Resolution R , Petition C) (ONGOING: CODE ENF-Zoning) 4. All outdoor lighting shall not exceed twenty (20) feet in height, measured from finished grade to highest point. (Previous Condition No. A.11 of Resolution R , Petition C) (BLDG PERMIT: BLDG-Zoning) I. USE LIMITATION 1. The day care center shall be limited to a maximum of 400 children. (Previous Condition No. D.1 of Resolution R , Petition No C) (BUILDING/HEALTH-Zoning) 2. Condition No. D.2 of Resolution R , Petition No C which currently states: The church sanctuary shall be limited to a maximum of 1,800 seats. The church chapel shall be limited to a maximum of 200 seats. The total number of seats with in the church shall not exceed 2,000 seats. (DRC: ZONING) Is hereby amended to read: The church shall be limited to a total maximum of 860 seats. (ONGOING: CODE ENF-Zoning) 3. The church and fellowship areas shall not be utilized simultaneously. (Previous Condition No. D.3 of Resolution R , Petition No C) (ONGOING: CODE ENF-Zoning) 4. Outdoor activities shall not commence prior to 9:00 a.m. and shall cease no later than 9:00 p.m. unless notification is provided to the 1000 Pines Subdivision. (Previous Condition No. D.4 of Resolution R , Petition No C) (ONGOING: CODE ENF) Petition Z/DOA E BCC District 6 Page 73

20 J. COMPLIANCE 1. Condition No. G.1 of Resolution R , Petition No C) which currently states: 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; 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 noncompliance, 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 majority vote of the Code Enforcement Board 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. (MONITORING) Is hereby amended to read: 1. 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 Petition Z/DOA E BCC District 6 Page 74

21 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 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 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) 2. 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) Petition Z/DOA E BCC District 6 Page 75

22 EXHIBIT D ACCIDENT HISTORY REPORT NOT AVAILABLE AT TIME OF PUBLICATION Petition Z/DOA E BCC District 6 Page 76