RESOLUTION NO. R

Transcription

1 RESOLUTION NO. R RESOLUTION APPROVING ZONING PETITION DOAI (E) DEVELOPMENT ORDER AMENDMENT PETITION OF VILLAGES OF WINDSOR BY ROBERT BENTZ, AGENT (SHERBROOKE ESTATES PUD) WHEREAS, the Board of County Commissioners, as the governing body of Palm Beach County, Florida, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, and the Palm Beach County Unified Land Development Code, is authorized and empowered to consider petitions relating to zoning; and WHEREAS, the notice and hearing requirements, as provided for in Article 5 of the Palm Beach County Unified Land Development Code, have been satisfied; and WHEREAS, Zoning was presented to the Board of County Commissioners at a public hearing conducted on June 19,2002; and WHEREAS, the Board of County Commissioners has considered the evidence and testimony presented by the petitioner and other interested parties, and the recommendations of the various county review agencies; and WHEREAS, this approval is subject to Article 5, Section 5.8 (Compliance with Time Limitations), of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and fact: WHEREAS, the Board of County Commissioners made the following findings of This Development Order Amendment is consistent with the Palm Beach County Comprehensive Plan. This Development Order Amendment complies with the relevant and appropriate portions of Article 6, Supplementary Use Standards; of the Palm Beach County Unified Land Development Code. This Development Order Amendment is consistent with the requirements of the Palm Beach County Unified Land Development Code. This Development Order Amendment, with conditions as adopted, is compatible as defined in the Palm Beach County Unified Land Development Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. This Development Order Amendment, with conditions as adopted, complies with the standards imposed on it by applicable provisions of the Palm Beach County Unified Land Development Code for use, layout, function, and general development characteristics. This Development Order Amendment meets applicable local land development regulations. This Development Order Amendment, with conditions as adopted, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. 8. This Development Order Amendment has a concurrency determination and complies with Article 11 (Adequate Public Facility Standards) of the Palm Beach County Unified Land Development Code. Petition DOAI (E) Page 1

2 9. This Development Order Amendment, with conditions as adopted, minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. 10. This Development Order Amendment, with conditions as adopted, will result in logical, timely and orderly development patterns. WHEREAS, Article 5 of the Palm Beach County Unified Land Development Code requires that the action of the Board of County Commissioners be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Zoning Petition DOAI (E), the petition of Villages of Windsor, by Roberts Bentz, agent, for a Development Order Amendment to delete land area on a parcel of land legally described in EXHIBIT A, attached hereto and made a part hereof, and generally located as shown on a vicinity sketch attached as EXHIBIT B, attached hereto and made a part hereof, was approved on June 19, 2002, subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof. Commissioner ~aronson -- moved for the approval of the Resolution. The motion was seconded by Commissioner Marcus and, upon being put to a vote, the vote was as follows: Warren H. Newell, Chairman - Absent Carol A. Roberts, Vice Chair - Aye Karen T. Marcus - Aye Mary McCarty - Aye Burt Aaronson - Aye Tony Masilorti - Absent Addie L. Greene - Aye The Chair thereupon declared that the resolution was duly passed and adopted on Lune 19,2002. Filed with the Clerk of the Board of County Commissioners on 27 day of June I 2003 APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY!TS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN, CLERK BY: CO U NTY ATTORNEY DEPUTY CLE

3 EXHIBIT A LE GAL DE SC R I PTI ON PORTIONS OF "SHERBROOKE GOLF AND COUNTRY CLUB", AS RECORDED IN PLAT BOOK 69, PAGES ; "GREENBRIAR 1 OF SHERBROOKE", AS RECORDED IN PLAT BOOK 33, PAGES 55-57; "LEXINGTON 1 OF SHERBROOKE", AS RECORDED IN PLAT BOOK 32, PAGES ; TRACTS 41 AND 42, HIATUS OF TOWNSHIP 44 1/2 SOUTH, RANGE 42 EAST, "PALM BEACH FARMS COMPANY PLAT NO. 13", AS RECORDED IN PLAT BOOK 6, PAGES 98 AND 99 ; BLOCK 37, "PALM BEACH FARMS COMPANY PLAT NO. 3", AS RECORDED IN PLAT BOOK 2, PAGES 45 THROUGH 54, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, TRACT 42, HIATUS OF TOWNSHIP 44 1/2 SOUTH, RANGE 42 EAST, "PALM BEACH FARMS COMPANY PLAT NO. 13", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGES 98 AND 99 OF SAID PUBLIC RECORDS; THENCE S13002'25"E ALONG THE EAST LINE THEREOF, A DISTANCE OF FEET; THENCE N87057'15"W ALONG A LINE FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO), AND PARALLEL WITH THE NORTH LINE OF SAlD LOT 1, 'TRACT 42, k DISTANCE OF FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF LYONS ROAD, AS SHOWN ON "LEXINGTON 1 OF SHERBROOKE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 32, PAGES 135 THROUGH 195 OF SAID PUBLIC RECORDS, AND THE POINT OF BEGIKNING; THENCE S02004'44"W ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 1, FEET AND A CENTRAL ANGLE OF 29034'00"; THENCE SOUTHERLY ALONG THE ARC OF SAID RIGHT-OF-WAY LINE A DISTANCE OF FEET TO A POINT OF REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 3, FEET AND A CENTRAL ANGLE OF '34"; THENCE SOUTHERLY ALONG THE ARC OF SAID RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE S13000'42"E ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE S87C53'37"E, A DISTANCE OF 11.I7 FEET; THENCE N89337'41"E ALONG THE NORTH LINE OF THE LAKE WORTH DRAINAGE DISTRICT L-16 CANAL, AS RECORDED IN OFFICIAL RECORD BOOK 2597, PAGE 73 OF SAID PUBLIC RECORDS, A DISTANCE OF FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EAST LINE OF SAID "SHERBRCOKE GOLF AND COUNTRY CLUB"; THENCE S00043'32"E ALONG SAID EAST LINE, A DISTANCE OF 2, FEET TO THE SOUTHLVEST CORNER OF "FAIRFIELDS LAGUNA PLAT 6", ACCORDING TO THE PLAT THEREOF, AS RECORDED in PLAT BOOK 58, PAGES 142 THROUGH 145 OF SAID PUBLIC RECORDS; THENCE N89526'07"E ALONG THE SOUTH LINE THEREQF, A DISTANCE OF FEET; THENCE S00033'53"E, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID "GREENBRIAR 1 OF SHERBROOKE"; THENCE S20C27'01"E ALONG THE EAST LINE THEREOF, A DISTANCE OF FEET; THENCE S24E34'01"E ALONG SAID EAST LINE, A DISTANCE OF FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID "SHERBROOKE GOLF AND COUNTRY CLUB"; THENCE S07044'12"E ALONG SAID EASTERLY LINE, A DISTANCE OF FEET; THENCE N63053'32"E ALONG SAID EASTERLY LINE, A DISTANCE OF 1, FEET; THENCE S84o37'20"E ALONG SAID EASTERLY LINE, A DISTANCE OF FEET; THENCE S36013'57"E ALONG SAID EASTERLY LINE, A DISTANCE OF FEET; THENCE S45042'50"W ALONG SAID EASTERLY LINE, A DISTANCE OF FEET; THENCE S89018'19"W ALONG SAID EASTERLY LINE, A DISTANCE OF FEET; THENCE N75045'48"W ALONG SAID EASTERLY LINE, A DISTANCE OF FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID "GREENBRIAR 1 OF SHERBROOKE"; THENCE S06O29'13"E ALONG SAID EASTERLY LINE, A DISTANCE OF FEET; THENCE SOOC33'53"E ALONG Petition DOAI (E) Page 3

4 EXHIBIT A LEGAL DESCRIPTION SAID EASTERLY LINE, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF HYPOLUXO ROAD, AS SHOWN ON SAID "GREENBRIAR 1 OF SHERBROOKE"; THENCE S89026'07"W THE NORTH LINE OF SAID HYPOLUXO ROAD, A DISTANCE OF 2, FEET; THENCE S00033'53"E, A DISTANCE OF FEET TO THE SOUTHEAST CORNER OF SAID "LEXINGTON 1 OF SHERBROOKE"; THENCE S89026'07"W ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 2, FEET; THENCE N00033'53"W, A DISTANCE OF 1, FEET; THENCE N13008'08'W, A DISTANCE OF 1, FEET; THENCE N89026'07"E, A DISTANCE OF 1, FEET TO THE SOUTHWEST CORNER OF SAID "SHERBROOKE GOLF AND COUNTRY CLUB" (THE PREVIOUS THREE COURSES AND DISTANCES BEING ALONG THE WESTERLY AND NORTHERLY LINES OF SAID "LEXINGTON 1 OF SHERBROOKE"); THENCE NO1 048'19"E ALONG THE WESTERLY LINE THEREOF, A DISTANCE OF FEET; THENCE S88011'41"E, A DISTANCE OF FEET; THENCE NOIC48'19"E, A DISTANCE OF FEET; THENCE N38C03'43I1W, A DISTANCE OF FEET; THENCE N30026'41"W, A DISTANCE OF FEET; THENCE N29O26'4I8'W, A DISTANCE OF FEET; THENCE S60Cr33'15"W1, A DISTANCE OF FEET; THENCE N29026'41"W, A DISTANCE OF FEET; THENCE N17005'1 YE, A DISTANCE OF FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID "PALM BEACH FARMS COMPANY PLAT NO. 13" (THE PREVIOUS EIGHT COURSES AND DISTANCES BEING ALONG THE WESTERLY LINE OF SAID "SHERBROOKE GOLF AND COUNTRY CLUB"); THENCE S87O53'37"E ALONG SAID SOUTH LINE, A DISTANCE OF 1, FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID "SHERBROOKE GOLF AND COUNTRY CLUB"; THENCE N09001'37"W ALONG SAID WESTERLY LINE, A DISTANCE OF 1, FEET TO A POINT OF INTERSECTION WITH A LINE FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO), AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1, TRACT 42,; THENCE S87357'15"E ALONG SAID LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN PALM E3EACI-l COUNTY, FLORIDA. CONTAINING 23,089,593 SQUARE FEET OR ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS. COVENANTS AND RIGHTS-OF-WAY OF RECORD. Page 4

5 EXHIBIT B VlCl N ITY SKETCH EXHIBIT B Petition Number DOAl fEJ 49 0 Date May 3'1,2002 NORTH Page 5

6 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 DOAl976-I 39(D) which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions R (Petition ), and R (Petition (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. (ONGOING: MONITORING - Zoning) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolutions R (Petition , R (Petition (A)), R (Petition (B)) and R (Petition (D)) have been consolidated as contained herein. The petitioner shall comp!y 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 DOAl (D) 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 February 21, 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 January 2, 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. Prior to August 1, 1999, the petitioner shall amend the preliminary development plan of record in the Zoning Division files to delete the subject 2.5 acre parcel from the overall PUD limits and revise all applicable data to be consistent with this approval, Petition (B). (DATE: MONITORING - Zoning) (Previous Condition A.3 of Resolution R , Petition DOAl976-I 39(D)) 4. Prior to final DRC certification of the site plan, the petitioner shall revise the master plan to indicate the accurate number of lots for the entire Planned Unit Development. (DRC: ZONING) (Previous Condition A.4 of Resolution R , Petition DOAl976-I 39(D)) Petition DOAI (E) Page 6

7 B. BUILDING AND SITE DESIGN 1. Developer shall obtain appropriate water management permits from the proper permitting authorities prior to final plat recordation. (PLAT: ENG) (Previous Condition B.l of Resolution R , Petition DOAI ( D)) 2. The petitioner shall, as part of the future PUD master plan approval to be submitted for Petition No : a. Dedicate the civic site required for Sherbrooke Estates PUD by unencumbered fee simple title deed to Palm Beach County, 2% of the grass area of the planned unit development (10.75 acres); or b. The petitioner may exchange the required on-site dedication of land for civic uses either for a parcel of land off-site equal in acreage or cash of equal value. In the event that the off-site land dedication is of less cash value than the on-site dedication, petitioner shall also contribute an amount in cash equal to the difference between the value of the on-site and off-site land dedications. The value of the on-site land dedication shall be based upon its value as a civic site. This contribution shall be used offset the identifiable impacts directly attributable to this projects. If an off-site land or cash contribution is accepted by Palm Beach County, the petitioner shall be deemed to have satisfied the intent of Zoning Code Section H. (DRC: PREM) (Previous Condition B.2 of Resolution R , Petition DOAI (D)) 3. All property included in the legal description of this petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney s Office which shall provide, among other things, for the formation of a single Amaster property owners associations, and automatic membership in the Amasters association by any party holding title to any portion of the property included in the planned unit development. (PLAT: ENG - Co Att) (Previous Condition 8.3 of Resolution R , Petition DOAI m Letters C and D have been omitted. E. ENGINEERING 1. Condition 1 of Resolution R , Petition deleted by Condition 15 of Resolution R Condition 2 of Resolution R , Petition deleted by Condition 15 of Resolution R Developer shall provide drainage easements across the development to assure continuity of drainage for the golf course with the intent of having a common drainage system far the Planned Unit Development and golf course. (Previous Condition E.3 of Resolution R , Petition DOAI (D)) COMPLETE 4. The master plan shall accommodate a golf cart path either through Tract G, one lot west of Lyons Road or at a location approved by the County Engineer. (Previous Condition E.4 of Resolution R , Petition DOAI (D)) COMPLETE 5. Condition 5 of Resolution R , Petition deleted by Condition 15 Resolution R Page 7

8 6. Developer shall dedicate to Palm Beach County, the additional property required to provide fifty-four (54) feet of right-of-way, from centerline, for the ultimate right-of-way for Lantana Road. (Previous Condition E.6 of Resolution R , Petition DOAl976-I 39(D)) Note: COMPLETE 7. Within 2 years of the effective date of the Resolution approving this project or as may be extended to correspond with roadway design schedules with approval by the County Engineer, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed free of all encumbrances and encroachments for the remaining unplatted portion of Sherbrooke, PUD: a. b. C. d. Hypoluxo Road, 110 feet of right-of-way; Lyons Road, 108 feet of right-of-way; Sufficient right-of-way as determined by the County Engineer for the Hypoluxo RoadlTurnpike Overpass andlor Interchange; and, The following intersections. These intersections shall be in conformance with expanded intersections as defined in Palm Beach County s Thoroughfare Right-of-way Protection Map: State Woad 7 and Hypoluxo Road; and, Hypoiuxo Road and Lyons Road 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 a Safe Sight Corners where appropriate at intersections as determined by the County Engineer. (Previous Condition E.7 of Resolution R , Petition DOAI (D)) COMPLETE 8. Condition E.8 of Resolution R , Petition DOAl976-I 39D, which state: Residential dweliing units defeteci from the herbrooke Planned Unit Development slaa9f not be eligible for credit against any future residential development under the current standards of the 1987 Traffic Pe rfo rrn a nce St an d a&. is hereby deleted. [REASON: Provisions of the TPS. now provide for this.] 9. Condition E.9 of Resolution R , Petition DOAl D, which currently state: All building permits requests shall pay a Fair Share Fee in the amount and manner required by a Fair Share Contribution for Road Improvements Ordinances as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project presently is $1, per approved single family home over 2,000 square feet and $ per approved single family home under 2,000 square feet. Is hereby deleted. [REASON: Impact fees are now code requirement.] Page 8

9 10. Condition E. I O of Resolution R , Petition DOAl976-I 39D, which currently state: Prior to Master Plan certification the Master Plan for Sherbrooke Planned Unit Development shall be revised to indicate that all road rights-of-way shall be terminated in a cul-de-sac or receive subdivision variance to permit a ATS turnaround. This requirement shall not prohibit issuance of single family building permits in the PUD. (Previous Is hereby deleted. [REASON: All interior PUD Road are now instructed.] 11. The property owner shall provide construction plans to the Land Development Division for the completion of Lyons Road from the construction currently in progress south of Lantana Road for the construction of 2 lanes expandable to 6 lanes. These construction plans shall be approved by the County Engineer based upon Palm Beach County s minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. These construction plans shall be completed within 12 months of the effective date of the Resolution approving this project. Plan costs shall be approved by the County Engineer. All canal crossings (bridges andlor culverts) within the project limits shall be constructed to their ultimate pave configuration. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. Surety for these plans shall be posted within sixty (60) days of the effective date of adoption of the Resolution approving this petition in the amount to be determined by the County Engineer. (Previous Condition E.ll of Resolution R , Petition DOAl976-I 39(D)) 12. The property owner shall complete the construction of Lyons Road from the south property line of Petition No north to the paved terminus south of Lantana Road in accordance with the Condition above. This construction shall be started within ninety (90) days, completed prior to 12 months from the date of notification by the County Engineer for paved continuity of Lyons Roads. Paved continuity shall be defined in this instance as roadway construction contracts having been let for Lyons Road from the south boundary of Petition No , Lyons Road through Hypoluxo Road to Boyntan Beach Boulevard or concurrent with the construction of biypduxo Road as outlined in the conditions below whichever shall first occur. Ali canal crossings within the project limits shall be constructed to their ultimate configuration. (Previous Condition E.12 of Resolution R , Petition DOAl976-I 39(D)) COMPLETE 13. The property owner shall provide construction plans to Land Development Division for Hypoluxo Road as a 2 lane section (expandable to 6 lanes) from the Florida Turnpike to State Road 7, excluding the Turnpikeloverpass plus the appropriate tapers. These construction plans shall be approved by the County Engineer based upon Palm Beach County s minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. These construction plans shall be commenced within 24 months and completed prior to 36 months of the effective date of the Resolution approving this project. Plan costs shall be approved by the County Engineer. All canal crossings (bridges andlor culverts) within the project limits shall be constructed to their ultimate paved configuration. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. Page 9

10 Surety for these plans shall be posted within sixty (60) days of the effective date of adoption of the Resolution approving this petition in an amount to be determined by the County Engineer. (Previous Condition E.13 of Resolution R , Petition DOAl976-I 39(D)) COMPLETE The property owner shall construct Hypoluxo Road as a 2 lane section from State Road 7 to the Florida Turnpike excluding the turnpike overpass/interchange in accordance with the Condition above. This construction shall be started within four (4) years and shall be completed within 5 years of the effective date of the Resolution approving this project or as required by the County Engineer for paved continuity for Hypoluxo Road from State Road 7 to Jog Road whichever of the two shall first occur. In no case however shall construction be required to begin prior to 3 years of the effective date of the Resolution approving this project. All canal crossings within the project limits shall be constructed to their ultimate configuration. (Previous Condition E.14 of Resolution R , Petition DOAl976-I 39(D)) COMPLETE Surety required for construction of off-site improvements shall be posted with the Land Development Division for construction as outlined in Condition No. 10 ninety (90) days after completion of the construction plans or as requested by the County Engineer for paved continuity as provided for in Condition Nos. 9 and I1 above, whichever shall first occur. Palm Beach County shali not draw any surety posted by this developer prior to 3 years sf the effective date of the Resolution approving this project in accordance with the Condition above. (Previous Condition E. 15 of Resolution R , Petition DOAl976-I 39(D)) COMPLETE The Developer shall give its best effort to cause the platting to all remaining unplatted property in accordance with provisions of Palm Beach County s Subdivision Platting Ordinance 73-4 as amended. (Previous Condition E.16 of Resolution R , Petition DOA (D)) COMPLETE Prior to the issuance of any building permits for the four additional lots, the Developer shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) (CONTROL NUMBER ) (Previous Condition E.17 of Resolution R , Petition DOAI (D)) ONGOING LYONS ROAD DISCLOSURE a. Prior to the recordation of the next plat, the petitioner shall include in the homeowners documents and all sales contracts, as well as all sales brochures, Master Plans and related Site Plans a disclosure statement identifying Lyons Road as a planned thoroughfare roadway adjacent to or through this property. This shall also include the ultimate number of lanes for the road(s). Information which appears in written form shall appear in bold print. (PLAT: ENGINEERING) (Previous Condition E.18.a of Resolution R , Petition DOAI (W Petition DOAI (E) Page 10

11 b. The property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and the Building Department. The next report shall be submitted on or before July 15, 2002 and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowners association. (DATE: MONITORING- Eng) (Previous Condition E.18.b of Resolution R , Petition DOAl976-I 39(D)) ONGOING c. The subject property shall be appropriately signed by the developer prior to the issuance of the first building permit. There shall be two signs posted by the developer. The first sign shall be posted adjacent to the additional lots, and the second sign shall be posted at the terminus of Lyons Road south of Lantana Road. These sign locations shall be indicated both on the Master Plan and appropriate Site Plans. (BLDG PERMIT: MONITORING - Eng) (Previous Condition E.18.c of Resolution R , Petition DOAl976-I 39(D)) F. PLANNING 1. Prior to final site plan approval by the Development Review Committee (DRC), the site pian shall be amended to include the existing or proposed location of sidewalks along Lantana Road and Lyons Road since this site is within two (2) miles of a school. (DRC: PLANNING) (Previous Condition F.l of Resolution R , Petition DOAl976-I 39(D)) G. SCHOOL BOARD 1. The property owner shall post the following notice of annual boundary school assignments for students from this development on an 11 X 17 sign in a clear and visible location in all sales offices and models: NOTICE TO HOME BUYERWTENANTS School age children may not be assigned to the public school closest t0 their residences. School Board policies regarding overcrowding or other boundary policy decisions affect school boundaries. Pkase contact the Palm Beach Countj, School District Boundary Office at (561) for the most current school assignment(s). (ONGOING: School Board) (Previous Condition G.l of Resolution R , Petition DOAI (D)) H. 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 H.l of Resolution R , Petition DOAl976-I 39(D)) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: Page 11

12 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; b. revocation of any concurrency; andlor' The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, andlor any other zoning approval; andlor 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 d. e. conditions; andlor Referral to code enforcement; andlor Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Division 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 andlor 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) (Previous Condition H.2 of Resolution R , Petition DOAl976-I 39(D)) Page 12