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BCC July 24, 2014 Page 45

Application No. DOA/R-2013-03129 BCC District 1 Control No. 1986-00124 Project No. 05000-024

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION Application No.: DOA/R-2013-03129 Application Name: World Wide Sportsman Control No.: 1986-00124 Applicant: Bass Pro Outdoor World, LLC - Jamie Carroll Owners: Redus One, LLC Agent: Shutts and Bowen, LLP - Charles Millar

Shutts and Bowen, LLP - Harvey E Oyer Telephone No.: (561) 650-8517, (561) 671-5853 Project Manager: Roger Ramdeen, Senior Site Planner

TITLE: a Development Order Amendment REQUEST: to reconfigure the Site Plan; delete square footage, and to modify and delete Conditions of Approval (Use Limitation, Height, and Unity of Title). TITLE: a Requested Use REQUEST: to allow Vehicle Sales and Rental (boat sales).

APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) and Requested Use for Worldwide Sportsman. The 5.73-acre site was last approved by the Board of County Commissioners on March 24, 1987 for a Special Exception to allow a Planned Commercial Development, including a large scale shopping center in excess of 50,000 square feet granted under Resolution Number R-87-443. The applicant is requesting to modify the approved Final Site Plan and add a Requested Use to allow Vehicle Sales and Rental (boat sales), reduce square footage from 74,940 square feet (sq. ft.) to 70,604 sq. ft. (- 4,336 sq. ft.), and delete and modify Conditions of Approval for use limitations, height, and Unity of Title restrictions.. The Preliminary Site Plan indicates 58,473 sq. ft. of Retail, 5,000 sq. ft. of Warehouse, 2,146 sq. ft of Office and 4,985 sq. ft. of Vehicle Sales and Rental for at total of 70,604 sq. ft. A total of 309 parking spaces will be provided and two of the three existing access points to the site on US Highway 1 will remain. SITE DATA:

Location: Approximately 0.5 mile north of PGA Boulevard on the east side of U.S. Highway No. 1. (World Wide Sportsman)

Property Control Number(s) 00-43-42-04-00-000-3010

Existing Land Use Designation: Commercial High, with an underlying HR-8 (CH/8)

Proposed Land Use Designation: No proposed change

Existing Zoning District: General Commercial District (CG)

Proposed Zoning District: No proposed change

Acreage: 5.73 acres

Tier: Urban/Suburban Tier

Overlay District: The northeast corner and the eastern edge of the property line is located in the Costal High Hazard Area (CHHA)

Neighborhood Plan: N/A

CCRT Area: N/A

Municipalities within 1 Mile Town of Juno Beach, Village of North Palm Beach and City of Palm Beach Gardens

Future Annexation Area Town of Juno Beach

RECOMMENDATION: Staff recommends approval of the requests subject to 27 Conditions of Approval as indicated in Exhibit C-1 and the 5 Conditions of Approval as indicated in Exhibit C-2. ACTION BY THE ZONING COMMISSION (ZC): On June 5, 2014, this item was placed on the Consent Agenda. The Agent requested that the item be pulled from Consent to discuss the proposed Conditions of Approval. Staff provided a brief presentation. At the hearing, Mr. Harvey Oyer provided staff with a copy of the revised Conditions which staff had not reviewed. One member of the public spoke in opposition to the application with concerns about noise, traffic, security lights, drainage to the canal, the installation of clear glass doors, and asked that the Landscape Plan be required to



extend to the property line. To allow sufficient time for staff review of the proposed new Conditions, the ZC voted to postpone the application to the July 3, 2014 ZC Hearing by a 7-0 vote. At the July 3, 2014 ZC hearing the item was on the Regular Agenda. Staff provided an update on what had happened since the June hearing. The Agent presented the project and stated concerns over three remaining Conditions of Approval in which Staff could not support. The Agent requested that the Condition of Approval which limited the hours for delivery and trash pickup be amended to allow delivery on the weekends. The Agent also expressed a concern over the Engineering Condition 12 related to funding of the cost of a signal installation if warranted as determined by the County Engineer. Near the end of the presentation there was discussion regarding the fencing material around the dumpster/compactor. No members of the public spoke to the project. The ZC recommended approval by an 8-0 vote with the following changes to the Conditions of Approval:

1. Allow delivery only on Saturdays during the hours of 9:00 a.m. to 6:00 p.m. 2. Add a Use Limitation Condition which limits the Requested Use for Vehicle Sales and Rental to

boat sales only. 3. Allow additional material to be considered for the construction of the required opaque

enclosure around the dumpster/compactor. The ZC did not recommend modification to Engineering Condition 12. PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 5 contacts from the public regarding this project.

PROJECT HISTORY: On March 24, 1987, the BCC approved (Application PDD-1986-00124) for a rezoning from the General Commercial Zoning District (CG) and the Residential Single Family Zoning District (RS) to the General Commercial Zoning District (CG) and for a Special Exception to allow a Planned Commercial Development, including a large scale shopping center in excess of 50,000 square feet (Resolution R-87-442 and R-87-443). SURROUNDING LAND USES: NORTH: FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) Supporting: Retail (Dalton Designs Interiors, Control No. 2000-00040) FLU Designation: Low Residential, 2 units per acre (LR-2) Zoning District: Residential Single family (RS) Supporting: Single Family Residences SOUTH: FLU Designation: City of Palm Beach Gardens (PBG) Zoning District: City of Palm Beach Gardens (PBG) Supporting: Office FLU Designation: Low Residential, 2 units per acre (LR-2) Zoning District: Residential Single family (RS) Supporting: Single Family Residence EAST: FLU Designation: Low Residential (LR-2) Zoning District: Single-Family Residential District (RS) Supporting: Single Family Residence (Hidden Key, Control No. N/A) WEST: FLU Designation: Commercial High, with an underlying HR-8 (CH/8) Zoning District: General Commercial District (CG) and Residential High Density (RH) Supporting: Commerical-Retail and Offices (Control No N/A)



Daycare General (Advanced Learning Center of Juno, Control No. 1992-00049) Residential Multi-family (Control No. N/A) Commercial Retail ( Control No. N/A) ________________________________________________________________________________ FINDINGS: Conditional Uses, Requested Uses and Development Order Amendments: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider Standards 1 – 8 listed in Article 2.B.2.B. of the ULDC. The Standards and Staff Analyses are indicated below. A Conditional or Requested Use or Development Order Amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. 1. Consistency with the Plan – The proposed use or amendment is consistent with the

purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use.

Prior Land Use Amendments: The site was the subject of a County Initiated Large Scale Land Use Amendment known as Commercial Categories 26b, Ordinance No. 2001-087. The amendment revised the Land Use from Commercial with an underlying 8 units per acre (C/8) to Commercial High with an underlying 8 units per acre (CH/8). The amendment contained no conditions. Intensity: The maximum Floor Area Ratio (FAR) for the site is .35. The maximum square footage allowed for the site equals 87,359 square feet (5.73 acres x 43,560 square feet x .35 maximum FAR = 87,359.58 square feet). The property will have a maximum built FAR of 0.28 (70,804 proposed built square footage / 249,598.8 overall site square footage =.289 built FAR). Relevant Comprehensive Plan Policies: To comply with Future Land Use Element Policy 4-3-g, the applicant worked closely with Planning staff and determined that two future locations for pedestrian and vehicular cross access are possible with the adjacent north and south developed properties. Since the southern property is located within the city limits of Palm Beach Gardens, the Planning Division contacted the City of Palm Beach Gardens Staff to determine if they had Policies and/or requirements that address pedestrian and vehicular cross access. The Palm Beach Gardens representative stated that they do have policies that address the cross access between properties and had no issues with the proposed location depicted on the Site Plan. The Palm Beach Gardens Planning Division also requested that the Applicant contact the owners of the Golden Bear Plaza, of which the cross access is being proposed that would benefit both properties at a future time. The northern proposed cross access is a good location to employ the access management technique since a traffic signal is being conditioned for the intersection of U.S. Highway One and Juno Road by the Palm Beach County Traffic Division. 2. Consistency with the Code - The proposed use or amendment complies with all applicable

standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS.

The proposed amendment to reconfigure the Site Plan, delete square footage, add a Requested Use for Vehicle Sales and Rental (boat sales), and modify and delete Conditions of Approval, complies with the Code for use, layout, and function. The applicant is proposing to redevelop the shopping center by demolishing a portion of the buidling and renovating the remaining structure. The uses proposed are permitted within the subject zoning district and the request for boat sales is one component of the proposed development. The proposed modifications to the Preliminary Site Plan comply with all applicable portions of Article 4.B, Supplementary use Standards. The applicant is also seeking a Type I Waiver to reduce the number of required loading spaces from four to two. This request is subject to review and approval during the Final DRO process. Parking: The site exists with 350 parking spaces. With the reconfiguration of the site plan the project proposes a total of 309 required parking spaces.



Landscaping: The Preliminary Site Plan indicates the existing 16.6 ft. Right-of-Way (ROW) buffer to the west, a compatibility buffer to the north and the south and an expanded 31.5 ft. incompatibility buffer to the east. The previous approval required an eight foot wall along the eastern property line and partially along the north and south property lines. The wall has been constructed and is shown on the Preliminary Site Plan. The existing buffers are included in the non-conforming chart on the Preliminary Site Plan since the majority of the perimeter landscaped area of the site remains unchanged. There are proposed changes to the east of the property where there is already a buffer that exceeds the Code requirements. The proposed request complies with these requirements. Architecture: The applicant has requested review for compliance with Article 5.C for the Preliminary Architectural Elevations for review and comments. (Figure 6) The proposal is to renovate the existing structure and exterior facades. The proposed structure will have a height of 50 ft. at the main entrance. Final Elevations will be submitted at time of Final DRO approval as indicated in the Conditions of Approval in Exhibit C. Signage: The Preliminary Regulating Plan provides the detail of the proposed signs and complies with the requirements Article 8. The project proposes eight wall mounted signs and a ground mounted freestanding (monument) sign at each entrance. The Preliminary Regulating Plan (Figure 5) has the details of the signage proposed. The Preliminary Elevations (Figure 6) also indicate the location of the proposed signs on the building. 3. Compatibility with Surrounding Uses – The proposed use or amendment is compatible and

generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development.

The existing building was previously known as Carl’s Furniture, a retail furniture store which was in operation for many years. The surrounding uses to the north, south and west are all commercial uses; therefore, the proposed amendment will not create any compatibility issues with these surrounding properties and uses. To the east, northeast and southeast are single family residential units, compatibility issues have been addressed under the prior approval. Along the east property line is an existing 31.5-foot wide buffer with an eight-foot high wall to separate the commercial and residential uses. Any existing or proposed issues with regard to compatibility have been addressed previously through Conditions of Approval. 4. Design Minimizes Adverse Impact – The design of the proposed use minimizes adverse

effects, including visual impact and intensity of the proposed use on adjacent lands. The proposed request does not visually impact the surrounding uses as the modifications will enhance the site with the renovation of the existing building and exterior appearance of the site. The proposed site design reduces the intensity of the development as the proposal reduces square footage. With the demolition of a portion of the building the area will be converted to parking in compliance with current Code. 5. Design Minimizes Environmental Impact – The proposed use and design minimizes

environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment.

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property has been previously developed. WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93 15.



ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. 6. Development Patterns – The proposed use or amendment will result in a logical, orderly and

timely development pattern. The proposed project exists as a commercial development and is consistent with the development pattern for the area. The site was developed in 1987, and redevelopment of existing commercial development is encouraged by the Plan and Code. It is important to note that the retail use on the subject property is not changing. 7. Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,

Concurrency. ENGINEERING COMMENTS: TRAFFIC IMPACTS The Property Owner has estimated the build-out of the project to be December 31, 2018. Additional traffic beyond that generated from the existing development is expected to be 1,499 trips per day and 142 trips during the PM peak hour. The total traffic generated from this project is expected to be 3,033 trips per day and 282 trips during the PM peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. However, the Property Owner will be given a condition to install a signal at Juno RD and US 1 intersection if and when it meets warrants, as detailed in the Development Order conditions. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: US1 from PGA Blvd to Universe Blvd Existing count: Northbound=1239, Southbound=1239 Background growth: Northbound=173, Southbound=173 Project Trips: Northbound=42, Southbound=44 Total Traffic: Northbound=1454, Southbound=1456 Present laneage: 4 lanes Assured laneage: 4 lanes LOS “D” capacity: 1770 vehicles per hour (directional) Projected level of service: D or better The Property Owner shall obtain a permit from the Florida Department of Transportation for access onto U. S. Highway No.1. The Property Owner shall obtain on site drainage approval from Land Development Division and legally create the parcel in accordance with Article 11. PALM BEACH COUNTY HEALTH DEPARTMENT: No staff review analysis

FIRE PROTECTION: No staff review analysis

SCHOOL IMPACTS: No staff review analysis

PARKS AND RECREATION: No staff review analysis 8. Changed Conditions or Circumstances – There are demonstrated changed conditions or

circumstances that necessitate a modification. The applicant states in the Justification Statement that the proposed use will bring to the area a much needed service catering to the local and commercial anglers. The development has been approved for commercial retail since 1987. The proposed change in use and modification to conditions will allow additional commercial uses and will assist in the redevelopment of the site. The redevelopment will refresh the site and may initiate other redevelopment projects in the immediate area.



CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-8 and determined that there is a balance between the need for change and the potential impacts generated by this change. Therefore, staff is recommending approval of the request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval as indicated in Exhibit C.



CONDITIONS OF APPROVAL EXHIBIT C-1 Development Order Amendment ALL PETITIONS 1. All previous Conditions of Approval applicable to the subject property, as contained in Resolution R-1987-0443 (Control 1986-00124), have been consolidated as contained herein. The Property Owner shall comply with all previous Conditions of Approval and deadlines previously established by Article 2.E of the Unified Land Development Code and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. The approved Preliminary Site Plan is dated June 10, 2014. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 3. Previous condition 2 of Resolution R-1987-443, Control No.1986-00124, which currently states: The Section graphics presented at the public hearing shall be received by the Zoning Division for inclusion into the official file. Is hereby deleted. [REASON: No longer applicable] ARCHITECTURAL REVIEW 1. Previous condition 13 of Resolution R-1987-443, Control No.1986-00124, which currently states: The east and north facades of the building will receive the same architectural treatment as the principal, west facade. Is hereby deleted. [REASON: Superseded by new ARCHITECTURAL Conditions.] 2. Previous condition 14 of Resolution R-1987-443, Control No.1986-00124, which currently states: The commercial building will not exceed twenty-eight (28) feet in height at the highest point. Is hereby deleted. [REASON: Meet Code requirements.] 3. No windows will be permitted in the second story on the east and north sides facing residential areas. (ONGOING: ZONING - Zoning) (Previous condition 15 of Resolution R-1987-443, Control No.1986-00124) 4. Previous condition 16 of Resolution R-1987-443, Control No.1986-00124, which currently states: No showroom glass will be permitted on the east side of the building, Is hereby deleted. [REASON: No longer applicable.] 5. Previous condition 17 of Resolution R-1987-443, Control No.1986-00124, which currently states: All mechanical and air conditioning equipment shall be roof mounted and screened from view. (ONGOING: ZONING - Zoning) Is hereby deleted. [REASON: No longer applicable.] 6. At time of submittal for Final Approval by the Development Review Officer (DRO), the Architectural Elevations shall be submitted for review and approval by the Zoning Division. Architectural Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC) and shall be generally consistent with the Architectural Elevations dated May 1, 2014.



Development shall be consistent with the approved Architectural Elevations, the DRO approved Final Plan, all applicable Conditions of Approval, and all ULDC requirements. (DRO: ZONING - Zoning) ENGINEERING 1. Prior to issuance of the first building permit the Property Owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code (BLDGPMT: MONITORING - Engineering) 2. All easements in conflict with any construction shown on the site plan shall be abandoned or released, and relocated if necessary, prior to the issuance of building permits. (BLDGPMT: MONITORING - Engineering) 3. Previous condition 3 of Resolution R-1987-443, Control No.1986-00124, which currently states: The developer shall meet the stormwater retention requirements in effect at the time of the permit application for the applicable drainage district however at a minimum. The development shall retain onsite 85% of the stormwater runoff generated by a three (3) year-one (1) hour storm per requirements of the Permit Section, Land Development Division. 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 to the satisfaction of the County Engineer, the matter shall be submitted to the Code Enforcement Board for review and possible citation. Is hereby deleted. [REASON: Code Requirement] 4. Condition 4 of Zoning Resolution R-1987-0443, Petition No. 1986-00124 which currently states: The property owner shall convey for the ultimate right-of-way for: a. U.S. 1, 60 feet from centerline within 90 days of the approval of the Resolution approving this project. b. The construction of a right turn lane, south approach on U.S. 1 at the project's north entrance. This right-of-way shall be a minimum of 12 feet in width, 150 feet in length with a taper length of 180 feet. Is hereby amended to read: The Property Owner shall convey for the ultimate right of way for U.S. 1, 60 feet from centerline within 90 days of the approval of the Resolution approving this project. [Note: COMPLETED] 5. Previous condition 5 of Resolution R-1987-443, Control No.1986-00124, which currently states: The Property Owner shall align the project entrances with the existing median openings on U.S.1. Is hereby deleted. [REASON: No longer applicable] 6. Previous condition 6 of Resolution R-1987-443, Control No.1986-00124, which currently states: The Property Owner shall construct: a) a left turn lane, north approach on U.S. 1 at the project's entrance roads onto U. S. 1 at the existing median openings b) right turn lane, south approach on U.S. 1 at the project's entrance road onto U. S. 1 c) left turn lane, east approach at the project's entrance road all concurrent with onsite paving and drainage improvements. Is hereby deleted. [REASON: No longer applicable] 7. Previous condition 7 of Resolution R-1987-443, Control No.1986-00124, 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 $104,481.00 (3,900 trips X 926.79 per trip) .



Is hereby deleted. [REASON: Code requirement] 8. Previous condition 8 of Resolution R-1987-443, Control No.1986-00124, which currently states: Based on the Traffic Performance Standards (Category “A”), the developer shall contribute an additional $52,241.00 toward Palm Beach County's existing Roadway Improvemlent Program. These total funds of $156,722.00 are to be paid prior to the issuance of the first building permit or prior to July 1, 1987 whichever shall first occur. If the “Fair Share Contribution for Road Improvernents Ordinance” is amended to increase the Fair Share Fee, this additional amount of $52,241.00 shall be credited toward the increased Fair Share Fee. Is hereby deleted. [REASON: No longer applicable] 9. Previous condition 9 of Resolution R-1987-443, Control No.1986-00124, which currently states: In order to comply with the mandatory traffic performance standards, the Property Owner shall be restricted to the following phasing schedule: Use of the site shall be restricted to a 30,000 square foot furniture store and a 20,000 square foot appliance or furniture related center, in addition to a maximum 25,000 square foot general commercial use. Is hereby deleted. [REASON: No longer applicable] 10. Previous condition 10 of Resolution R-1987-443, Control No.1986-00124, which currently states: The Property Owner shall install signalization if warranted, as determined by the County Engineer at the project's entrance road and U. S. 1. Should Signalization not be warranted after 12 months of the final Certificate of Occupancy, this Property Owner shall be relieved from this condition. Is hereby deleted. [REASON: Superseded] 11. In order to comply with the mandatory Traffic Performance Standards, the Property Owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, 2018. A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Art. 2.E of the Unified Land Development Code. (BLDGPMT/DATE: MONITORING - Engineering) 12. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at Juno Road and US 1. Signalization shall be a mast arm structure installation. The cost of signalization shall also include all design costs and any required utility relocation and right of way or easement acquisition. a. Building Permits for more than 23,000 sf of retail development shall not be issued until the Property Owner provides acceptable surety to the Traffic Division in an amount as determined by the Director of the Traffic Division. However, at any point prior to the above threshold for building permit, it is determined by the County Engineer that a signal is warranted, full payment for the signal cost, as determined by the County Engineer, will be required to be made by the Property Owner within 60 days from the receipt of notice for such payment. (BLDGPMT: MONITORING - Engineering) b. In order to request release of the surety for the traffic signal at the above intersection, the Property Owner shall provide written notice to the Traffic Division stating that the final certificate of occupancy has been issued for this development and requesting that a signal warrant study be conducted at the intersection. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. In the event that the property is sold, the surety may be returned once the Traffic Division receives written documentation of the sale and a replacement surety has been provided to the Traffic Division by the new Property Owner. (BLDGPMT/CO: MONITORING - Engineering) 13. The Property Owner shall modify the existing median opening located approximately 480 feet south of the intersection of Juno Road and US 1 to the current FDOT Design Standards for the taper length and the pavement markings shall be modified to a u-turn lane, as required by the conceptual



driveway approval letter from the FDOT, dated March 12, 2014. Permits shall be obtained and construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) 14. The Property Owner shall lengthen the existing left turn lane north approach on US 1 at Juno Road. This turn lane shall be lengthened to a minimum 280 feet in length plus 50 foot paved taper or as approved by the FDOT. 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 shall be obtained and construction shall be completed prior to the issuance of the first Certificate of Occupancy. (BLDGPMT/CO: MONITORING - Engineering) 15. Subject to appropriate governmental approvals, the developer shall replace the sidewalk along U. S. 1 from the northerrn to southern property lines. The sidewalk shall be completed prior to issuance of a certificate of occupancy for the commercial building. (BLDGPMT/CO: MONITORING - Engineering) [Note: COMPLETED] (Previous condition 25 of Resolution R-1987-443, Control No.1986-00124) 16. Previous Condition 26 of R-1987-443, Control No. 1986-00124, which currently states: Subject to appropriate governmental approvals, the developer shall landscape the medians within the right-of-way of US 1. Design of the landscaping shall be harmonious with that in the adjacent medians in front of Luria s Plaza. Is hereby amended to read: Landscape Within the Median of U. S. 1. The Property Owner shall design, install and perpetually maintain median landscape within the median of all abutting right of way of U. S. 1. This landscaping and irrigation shall strictly conform to the specifications and standards for the County's Only Trees, Irrigation, and Sod (OTIS) program. Additional landscaping beyond OTIS requires Board of County Commissioner's approval. Median landscaping installed by Property Owner shall be perpetually maintained by the Property Owner, his successors and assigns, without recourse to Palm Beach County, unless the Property Owner provides payment for maintenance as set forth in Paragraph c and d below. a. Prior to the issuance of the first building permit, the necessary permit(s) for this landscaping and irrigation shall be applied for from Palm Beach County Land Development. (BLDGPMT: MONITORING - Engineering) b. Prior to the issuance of the first certificate of occupancy, all installation of the landscaping and irrigation shall be completed. (BLDGPMT/CO: MONITORING - Engineering) c. At Property Owner's option, when and if the County is ready to install OTIS on the surrounding medians of this roadway adjacent to the Property Owner installed landscaping, payment for the maintenance may be provided to the County. The payment shall be in the amount and manner that complies with the schedule for such payments that exists on the date payment is made. Once payment has been provided, Palm Beach County shall assume the maintenance responsibility for the OTIS landscaping and irrigation that has been installed by the Property Owner. The Property Owner shall first be required to correct any deficiencies in the landscaping and irrigation. This option is not available to medians with additional landscaping beyond OTIS standards, unless those medians are first brought into conformance with OTIS standards by the Property Owner. (ONGOING: ENGINEERING - Engineering) d. Alternately, at the option of the Property Owner or if the construction of the required landscape and irrigation is not possible due to physical constraints, the Property Owner may make a contribution to the County's Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beautification program prior to the issuance of the first Building Permit. This payment option is only available if the roadway segment is included in the County's current OTIS Master Plan and shall be based on the project's front footage along U. S. 1. This payment shall be in the amount and manner that complies with the schedule for such payments as it currently exists or as it may from time to time be amended. (ONGOING: ENGINEERING - Engineering)



17. Subject to appropriate governmental approvals, the development shall be limited to a maximum of three (3) curb cuts on U. S. 1. (ONGOING: ENGINEERING - Engineering) (Previous condition 27 of Resolution R-1987-443, Control No.1986-00124) ENVIRONMENTAL 1. Previous condition 1 of Resolution R-1987-443, Control No.1986-00124, which currently states: Prior to Site Plan Review Committee approval, the Petitioner shall provide confirmation from Palm Beach County Environmental Sciences that the Site Plan conforms to the Mangrove Protection Act, Chapter 17-27 Florida Statutes as well as the Palm Beach County Mangrove Protection Ordinance Is hereby deleted. [REASON: No longer applicable as State Code.] LANDSCAPE - PERIMETER - LANDSCAPING ALONG THE SOUTHEAST CORNER 1. In addition to the Code requirements, landscaping along the inside of the southern buffer wall to a point 150 feet west of the southeast corner of the property shall be upgraded to include ten (10) canopy trees planted fifteen (15) feet on center with a minimum overall height of twelve (12) feet. (ONGOING: LANDSCAPE - Zoning) LANDSCAPE - PERIMETER 2. Previous condition 23 of Resolution R-1987-443, Control No.1986-00124, which currently states: Perimeter buffer walls shall be eight (8) feet in height. The wall erected on the east side of the property adjacent to the canal shall be extended to run along the north side of the property and along the west side of the property to a point 130 feet east of US 1. The wall will be of concrete block stucco (CBS) construction and will receive appropriate architectural treatment on both sides. Is hereby amended to read: Perimeter buffer walls shall be eight (8) feet in height. The wall erected on the east side of the property adjacent to the canal shall be extended to run along the north side of the property to a point 130 feet east of US 1. The wall will be of concrete block stucco (CBS) construction and will receive appropriate architectural treatment on both sides. (ONGOING: ZONING - Zoning) 3. Prior to Final Approval by the Development Review Officer (DRO), the Final Site Plan shall be revised to increase the existing six (6) foot wall to eight (8) feet in height with opaque material. The opaque material shall extend to a point 150 feet west of the southeast corner of the property. (DRO/ONGOING: ZONING - Zoning) LIGHTING 1. Previous condition 18 of Resolution R-1987-443, Control No.1986-00124, which currently states: No lighting above ten (10) feet in height shall be attached to the north or east sides of the building. (ONGOING: ZONING - Zoning) Is hereby deleted. [REASON: Meet Code requirements.] 2. Previous condition 19 of Resolution R-1987-443, Control No.1986-00124, which currently states: Security lighting on the east and north sides of the property shall be of low intensity and directed away from adjacent residential areas. The light fixtures will not exceed eight (8) feet in height. (ONGOING: ZONING - Zoning) Is hereby deleted. [REASON: Meet Code requirements.] 3. Previous condition 20 of Resolution R-1987-443, Control No.1986-00124, which currently states: Parking lot lighting on the west side of the property, will not exceed twenty-two (22) feet in height. Lighting will be directed away from adjacent residential buildings.



Is hereby amended to read: All lighting shall be directed away from adjacent residential buildings. Parking lot lighting on the property will not exceed twenty (20) feet in height. (ONGOING: ZONING - Zoning) SIGNS 1. Previous condition 21 of Resolution R-1987-443, Control No.1986-00124, which currently states: No signs shall be placed on or above the roof line of the building. No more than two free-standing point-of-purchase signs shall be permitted on the site. No off premise signs shall be located on the site. No signs greater than eight (8) feet in height shall be attached to the east or north facades of the building. Is hereby amended to read: No signs shall be placed on or above the roof line of the building. No more than two ground mounted free-standing signs shall be permitted on the site. No off premise signs shall be located on the site. No signs greater than eight (8) feet in height shall be attached to the east or north facades of the building. (ONGOING: ZONING - Zoning) 2. Prior to Final Approval by the Development Review Officer (DRO), the Final Site Plan shall be revised to relocate the monument sign located at the south entrance on US Highway 1 out of the 12 foot utility easement. (ONGOING: ZONING - Zoning) SITE DESIGN 1. Previous condition 11 of Resolution R-1987-443, Control No.1986-00124, which currently states: Prior to Site Plan approval, the Petitioner shall record a Unity of Title Agreement covering the entire site. Is hereby deleted. [REASON: Property will be re-platted.] 2. The project shall consist of a single commercial building. No separate, free-standing buildings will be erected on the site. (ONGOING: ZONING - Zoning) (Previous condition 12 of Resolution R-1987-443, Control No.1986-00124) 3. Previous condition 22 of Resolution R-1987-443, Control No.1986-00124, which currently states: Deliveries and trash pickup shall be limited to the hours of 7:30 a.m. to 8:00 p.m. on weekdays only. Is hereby amended to read: Hours of delivery and trash pickup shall be limited to 7:30 a.m. to 9:00 p.m. Monday through Friday. (ONGOING: ZONING - Zoning) 4. Previous condition 24 of Resolution R-1987-443, Control No.1986-00124, which currently states: All garbage and refuse receptacles shall be confined to a designated area. Dumpsters or other trash collections devices shall be concealed behind CBS walls having an architectural treatment harmonious with the principal building. Is hereby amended to read: All garbage and refuse receptacles shall be confined to a designated area. Dumpsters or other trash collection devices shall be concealed behind an opaque barrier. (ONGOING: ZONING - Zoning) 5. Prior to Final Approval by the Development Review Officer, the Final Site Plan shall be revised to indicate the location of the “No Truck Engine Idling” signs. (DRO/ONGOING: ZONING - Zoning)



6. Prior to Final Approval by the Development Review Officer, the Final Site Plan and the Final Regulating Plan shall be revised to indicate an opaque enclosure around the dumpster enclosure constructed of PVC, hardi-board, wood or fiberglass material. (DRO: ZONING - Zoning) USE LIMITATIONS 1. No bars, lounges, or package stores shall be permitted on the site. This condition shall not preclude sale of alcoholic beverages in a full service restaurant or gourment foot store. (ONGOING: ZONING - Zoning) (Previous condition 28 of Resolution R-1987-443, Control No.1986-00124) 2. Previous condition 29 of Resolution R-1987-443, Control No.1986-00124, which currently states: Restaurant operations shall be restricted to the southwest wing of the property. Is hereby deleted. [REASON: No longer applicable.] 3. The Vehicle Sales and Rental Requested Use approval shall be limited to Boat Sales only. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.



CONDITIONS OF APPROVAL EXHIBIT C-2 Requested Use USE LIMITATIONS 1. No bars, lounges, or package stores shall be permitted on the site. This condition shall not preclude sale of alcoholic beverages in a full service restaurant or gourment foot store. (ONGOING: ZONING - Zoning) 2. The Vehicle Sales and Rental Requested Use approval shall be limited to Boat Sales only. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In Granting this Approval, the Board of County Commissioners relied upon the oral and written representations of the Property Owner/Applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the Approval to be presented to the Board of County Commissioners for review under the Compliance Condition of this Approval. (ONGOING: ZONING - Zoning) 2. Failure to comply with any of the Conditions of Approval for the subject property at any time may result in: a. The Issuance of a Stop Work Order; the Issuance of a Cease and Desist Order; the Denial or Revocation of a Building Permit; the Denial or Revocation of a Certificate of Occupancy; the Denial of any other Permit, License or Approval to any developer, owner, lessee, or user of the subject property; the Revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; the Revocation of any concurrency; and/or b. The Revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing Conditions of Approval; and/or d. Referral to Code Enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any Condition of Approval. (ONGOING: MONITORING - Zoning) (ONGOING: ZONING - Zoning) DISCLOSURE 1. All applicable state or federal permits shall be obtained before commencement of the development authorized by this Development Permit.



Figure 1 - Land Use Map



Figure 2 - Zoning Map



Figure 3 - Aerial



Figure 4 – Preliminary Site Plan dated June 10, 2014



Figure 5 – Preliminary Regulating Plan dated June 10, 2014



Figure 6 – Preliminary Elevations dated June 13, 2014



Figure 7 – Previously Approved Site Plan dated February 03, 1987



Exhibit D: Disclosures

























Figure 8 – Aerial with 50 foot, 100 foot and 150 foot buffer to residential

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