PALM BEACH COUNTY
PLANNING, ZONING AND BUILDING DEPARTMENT
ZONING DIVISION
Application No.:
Control No.:
Applicant:
Owners:
Agent:
Telephone No.:
Project Manager:
EAC-2011-02628
1976-00121
Chai Holdings LLC
Chai Holdings Llc
Land Research Management, Inc. - Kevin McGinley
(561) 686-2481
Donna Adelsperger, Site Planner I
Location: Southwest corner of Drexel Road and Okeechobee Boulevard (Drexel Plaza)
TITLE: an Expedited Application Consideration REQUEST: to modify a Condition of Approval (Use
Limitation)
APPLICATION SUMMARY: Proposed is an Expedited Application Consideration for Drexel Plaza.
The 12.027-acre site was originally approved as a Large Scale Community Shopping Center by the
Board of County Commissioners on August 26, 1976 and currently supports 120,132 square feet of
mixed retail, financial, restaurant and vocational school uses. The applicant is requesting to delete a
Condition of Approval (Use Limitation) for the outparcel building in the northeast corner of the center,
which limited the use of the building to a financial institution and professional office. The Condition of
Approval limits the use of the second floor to 6,450 square feet of office use, the applicant is
proposing to utilize the building for a permitted use as a vocational school. A total of 544 parking
spaces will be provided and access to the site will remain from one access point on Okeechobee
Boulevard and three access points on Drexel Road.
ISSUES SUMMARY:
o
Project History
On August 26, 1976 the BCC approved Resolution R- 1976-830 for a Special Exception to allow the
12-acre Large Scale Community Shopping Center with 121,380 square feet of retail uses.
On January 24, 1985 the BCC approved Resolution R-1985-704 for a Special Exception to allow a
12,837 square foot Financial Institution with 6,450 square feet of office on the northeast 1.02 acre
Outparcel 2. June 26, 2002 the DRO approved a relocation of 3,950 square feet to a freestanding
retail outparcel.
On May 22, 2008 the BCC approved Resolutions R-2008-914 and R-2008-913 for a Development
Order Amendment and a Requested Use to allow a Type I Restaurant (Chick-fil-A).
On June 29, 2009 the BCC approved Resolutions R-2009-1043 and R-2009-1044 for a Development
Order Amendment and a Requested Use to allow a Pawnshop in the northwest Outparcel 1 which
includes permitted commercial uses and an existing Type I Restaurant.
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 98
o
Consistency with Comprehensive Plan
The Planning Division has reviewed the request and has determined that the proposal is consistent
with the site’s Commercial High with an underlying High Residential 8 (CH/8) Future Land Use (FLU)
designation. See Planning Division comments for further information.
o
Compatibility with Surrounding Land Uses
NORTH:
FLU Designation: Commercial High, with an underlying HR-8 (CH/8)
Zoning District: General Commercial District (CG)
Supporting: Vacant
SOUTH:
FLU Designation: High Residential (HR-12)
Zoning District: Residential Planned Unit Development District (PUD)
Supporting: Residential, Mulit-family (Control No 1982-00073, The Meads PUD)
EAST:
FLU Designation: Commercial High with an underlying HR-8 (CH/8)
Zoning District: General Commercial District (CG)
Supporting: Convenience Store with gas sales (Control 1983-159, Texaco/Shell)
EAST:
FLU Designation: Medium Residential (MR-5)
Zoning District: Multi-Family Residential (High Density) District (RH)
Supporting: Mobile Home Park (Plantation Mobile Home Estates)
WEST:
FLU Designation: High Residential (HR-12)
Zoning District: Multiple Use Planned Development District (MUPD)
Supporting: Hotel (Control No 1982-00129, Sykes PCD)
Drexel Plaza is a commercial development that is comprised of a multitude of uses ranging from Type
I Restaurants to Vocational Schools to large retailers. One of the existing vocational schools, which
has been a long time tenant of the center, now wishes to relocate to another portion of the site. The
uses surrounding Drexel Plaza are a mixture of existing commercial and residential uses. The
subject site is an outparcel in the northeast corner of Drexel Plaza supporting an existing 2-story
financial/office building and the change of use in a portion of the existing building will have no direct
impact on surrounding uses.
o
Traffic
See Engineering Comments for further information.
o
Modification of Conditions
Applicant’s Request: The applicant is proposing to modify Use Limitation 2 of R-2009-1044 as
follows:
A minimum of 6,450 square feet of this existing structure shall remain as uses permitted by the
ULDC, including a vocational school.
Staff Response: The condition was placed on a prior approval when the 1.02 acre Outparcel
Requested a Special exception for the Financial Institution approval. The limitation was placed on the
project limiting a portion of the structure to 6,450 square feet of office use, however, after reviewing
the files, staff can not find documentation as to the reason or intent of the condition of approval.
Staff recommends that the previous condition of approval be deleted in its entirety.
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 99
TABULAR DATA
EXISTING
Property Control
Number(s)
Land Use Designation:
Zoning District:
Tier:
Use:
Acreage:
Parking:
Access:
PROPOSED
00-42-43-27-00-000-1080
Same
Commercial High, with an
underlying HR-8 (CH/8)
General Commercial District/
Special Exception (CG/SE)
Urban/Suburban
Pawnshop
Retail Sales, General
Vocational School
Office, Business or Professional
Financial Institution
Restaurant, Type I
12.03 acres
544 spaces
Okeechobee Blvd (1), Drexel Road
(3)
Same
Same
Same
Same
Same
Same
Same
PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no contact from the
public regarding this project.
RECOMMENDATION: Staff recommends approval of the request subject to 24 Conditions of
Approval as indicated in Exhibit C.
MOTION: To adopt a resolution approving an Expedited Application to delete a Condition of
Approval (Use Limitation) subject to the Conditions of Approval as indicated in Exhibit C.
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 100
Figure 1 Future Land Use Map
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 101
Figure 2 Zoning Quad Map
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 102
Figure 3 Aerial
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 103
Figure 4 Approved Final Site Plan dated December 3, 2008
BCC
January 26, 2012
Application No. EAC-2011-02628
BCC District 02
Control No. 1976-00121
Project No. 05000-009
Page 104
Figure 5 Approved Final Site Plan dated July 21, 1993
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 105
Figure 6 Approved Final Regulating Plan dated August 13, 2008
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 106
Figure 7 Approved Final Regulating Plan dated August 13, 2008
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 107
STAFF REVIEW AND ANALYSIS
PLANNING DIVISION COMMENTS:
FUTURE LAND USE (FLU) PLAN DESIGNATION: The property's Future Land Use has a
Commercial High with an underlying 8 units per acre (CH/8) designation.
TIER: The subject site is in the Urban/Suburban Tier.
FUTURE ANNEXATION AREAS: The subject property is within the future annexation area of the
City of West Palm Beach and the Town of Haverhill.
INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile of the City of
West Palm Beach and the Town of Haverhill.
CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has
reviewed the request for a Development Order Amendment/Use Abandonment with an Expedited
Application Consideration to delete the use limitation, requiring 6,450 square feet of an existing
financial institution for office use. The space will be for an instructional/school that will be located on
the second floor of the existing building and has found it to be consistent with the Commercial High
Land Use designation of the Comprehensive Plan.
SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject
site is within the boundaries of the Revitalization, Redevelopment and Infill Overlay (RRIO), and the
Urban Redevelopment Area (URA).
The subject 1-acre property is part of the 12.28 ac. Drexel Plaza (Petition1976-0121), located south
of the Okeechobee Boulevard at the Florida Turnpike entrance and the western corner of Drexel
Road and Okeechobee Boulevard. A site specific amendment (Ord. 2001-087) was initiated by the
County to revise the future land use from Commercial with an underlying 8 residential units per acre
(C/8) to a Commercial High with an underlying 8 residential units per acre (CH/8) land use
designation. The change in use will not increase the square footage of the existing building. The
overall site (Drexel Plaza) complies with Policy 1.2.2-h, allowing for vehicular and pedestrian
interconnectivity between the existing individual parcels and the adjacent property to the west of
Drexel Plaza.
FINDINGS: The request is consistent with the CH/8 FLU designation of the Palm Beach County
Comprehensive Plan.
ENGINEERING COMMENTS:
This application is to modify a condition of approval to allow a change in use.
modifications proposed to the existing building or site layout.
There are no
PALM BEACH COUNTY HEALTH DEPARTMENT:
No Staff Review Analysis
ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS:
VEGETATION PROTECTION: The project is developed.
WELLFIELD PROTECTION ZONE: The property is not located with 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
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 108
Ordinance No. 93-3. Any non stormwater discharge or the maintenance or use of a connection that
results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach
County Stormwater Pollution Prevention Ordinance No. 93-15.
ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this
petition beyond compliance with ULDC requirements.
OTHER:
FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection.
SCHOOL IMPACTS: No Staff Review Analysis
PARKS AND RECREATION: No Staff Review Analysis
CONCURRENCY: Concurrency has been approved for a mix of commercial uses for 120,132 square
feet including general retail, financial institution, restaurant and vocational school uses.
WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department
FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC,
Concurrency (Adequate Public Facility Standards).
FINDINGS:
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 – 9 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. Staff has
reviewed the request for compliance with the standards that are expressly established by Article
2.B.1.B and provides the following assessment:
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
The subject property is located in the CH/8 FLUA, the most commercially intensive land use category
in the county. The proposed deletion of the restrictive condition of approval is consistent with the
purpose and intent of this land use category and other provisions of the Comprehensive Plan and will
allow the owner to relocate a vocational school within an existing building on the subject property.
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 deletion of the condition conforms to all applicable standards of the ULDC, including all
supplementary standards. For purposes of determining uses and applicable standards, the project is
considered an MUPD. The proposed relocation of the vocational school within the Drexel Plaza is
allowed as a permitted use. All development standards, including required parking, are applied
equally to permitted uses within an MUPD; thus no additional parking is required to accommodate the
vocational school.
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.
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 109
Drexel Plaza is a commercial development that is comprised of a multitude of uses ranging from Type
I Restaurants to Vocational Schools to large retailers. One of the existing vocational schools, which
has been a long time tenant of the center, now wishes to relocate to another portion of the site. The
uses surrounding Drexel Plaza are a mixture of existing commercial and residential uses. The
subject site is an outparcel in the northeast corner of Drexel Plaza supporting an existing 2-story
financial/office building and the change of use in a portion of the existing building will have no direct
impact on surrounding uses.
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.
With the request to modify the Use Limitation Condition of Approval, that limits the building in the
northeast corner of the site to a financial institution and 6,450 square feet of office, the applicant will
not be adding any intensity to the site as they will be utilizing the existing parking and structures and
therefore the change as proposed will have no adverse impact on adjacent properties.
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.
The proposed change of use is within an existing building and does not have an environmental
impact on water, air, storm water management, wildlife, vegetation, wetlands and the natural
functioning of the environment.
6.
Development Patterns – The proposed use or amendment will result in a logical, orderly and
timely development pattern.
Okeechobee Boulevard is a major east-west arterial roadway serving central Palm Beach County.
Uses in the area include intensive commercial development, including large scale retail centers with
outparcels, motels, financial institutions, equipment rental centers, and fast food establishments. The
request to delete the condition of approval limiting the 6,450 sq. ft. of existing building area to office
use is deemed consistent with the development patterns in the area. The request to amend a Use
Limitation Condition of Approval as proposed by this application does not have an affect on the
surrounding development patterns.
7.
Consistency with Neighborhood Plans – The proposed development or amendment is
consistent with applicable neighborhood plans in accordance with BCC policy.
The subject property is not within a neighborhood plan area. It is within the Urban Redevelopment
Area and a Revitalization, Redevelopment and Infill Overlay (RRIO) areas.
8.
Adequate Public Facilities – The extent to which the proposed use complies with Art. 2. F,
Concurrency.
Concurrency is approved for a mixed of commercial uses for 120,132 square feet including general
retail, financial institution, restaurant and vocational school uses.
9.
Changed Conditions or Circumstances – There are demonstrated changed conditions or
circumstances that necessitate a modification.
The applicant states that the existing Vocational School (known as the PC Professor), has been a
long time tenant in the Drexel Plaza, and recently purchased the vacant 2-story building at the
northeast corner of the site, in order for them to expand. With the deletion of the previous Use
Limitation 2 Condition they will be able to relocate from the northwest corner to the northeast corner
of the site.
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 110
CONDITIONS OF APPROVAL
EXHIBIT C
Expedited Application Consideration
ALL PETITIONS
1. All Petitions Condition No. 1 of Resolution 2008-914, Control 1976-121, which currently states:
All previous conditions of approval applicable to the subject property, as contained in Resolution R2008-914 (Control No. 1976-121), 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 (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 R2009-1043 (Control No. 1976-121), 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 (ULDC) and the Board of County Commissioners, unless
expressly modified. (ONGOING: MONITORING - Zoning)
2. Development of the site shall be generally consistent with the preliminary site plan dated April
13, 2009, and approved by the Board of County Commissioners. Modification of the site design may
be allowed pursuant to conditions of approval or are in accordance with Article 2 of ULDC.
Replacement of a use by another use listed as permitted by right or permitted subject to approval by
the DRO may be allowed subject to approval by the DRO. All other modifications exceeding those
thresholds established by conditions of approval or the ULDC must be approved by the Board of
County Commissioners. (ONGOING: ZONING - Zoning) (Previous All Petitions Condition No. 2 of
Resolution R-2009-1043, Control No. 1976-121)
ARCHITECTURAL REVIEW
1. All future development shall be subject to Article 5.C. Design Standards or as exempted in
accordance with Article 5.C.1.C. of the ULDC. (ONGOING: ARCH REVIEW - Zoning) (Previous
Condition Architectural Review1 of Resolution R-2009-1043, Control No. 1976-121)
ENGINEERING
1. Developer shall construct third lane on Drexel Road for the length of the project and tapers.
(ONGOING: ENGINEERING - Eng) (Previous Condition E1 Resolution R-2009-1043, Control No.
1976-121)
[Note: COMPLETED]
2. Developer shall extend the left turn lane east approach, at the intersection of Okeechobee
Boulevard and Drexel Road. (ONGOING: ENGINEERING - Eng) (Previous Condition E2 Resolution
R-2009-1043, Control No. 1976-121)
[Note: COMPLETED]
3. Developer shall construct left turn lane east approach, at the intersection of the entrance road
and Okeechobee Boulevard. (ONGOING: ENGINEERING - Eng) (Previous Condition E3 Resolution
R-2009-1043, Control No. 1976-121) [Note: COMPLETED]
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 111
4. Developer shall install a traffic signal at the intersection of the development's entrance road and
Okeechobee Boulevard when warranted, as determined by the County Engineer. (ONGOING:
ENGINEERING - Eng) (Previous Condition E4 Resolution R-2009-1043, Control No. 1976-121)
[Note: COMPLETED]
5. Developer shall align the entrance road at Okeechobee Boulevard with the access road to
Florida's Turnpike. (ONGOING: ENGINEERING - Eng) (Previous Condition E5 Resolution R-20091043, Control No. 1976-121)
[Note: COMPLETED]
6. Developer shall provide an easement through his property, to provide access to the land to the
west of the shopping center. (ONGOING: ENGINEERING - Eng) (Previous Condition E6 Resolution
R-2009-1043, Control No. 1976-121)
[Note: COMPLETED]
7. 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 January 1, 2010. A time extension for this
condition may be approved by the County Engineer based upon an approved Traffic Study which
complies with Mandatory Traffic Performance Standards in place at the time of the request. This
extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified
Land Development Code. (DATE: MONITORING-Eng) (Previous Condition E7 Resolution R-20091043, Control No. 1976-121)
8. The property owner shall convey for the ultimate right-of-way of the safe corner at the
intersection of Drexel Road and Okeechobee Boulevard within 90 days of adoption of the Resolution
by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior
to issuance of first Building Permit. (ONGOING: ENGINEERING - Eng) (Previous Condition E9
Resolution R-2009-1043, Control No. 1976-121)
[Note: COMPLETED]
9. Prior to January 26, 2013, the property owner shall create a legal lot of record in accordance
with Article 11. (DATE: MONITORING - Eng)
LANDSCAPE – GENERAL
1. Prior to issuance of a permit for the pawnshop, all dead or missing landscape material must be
replaced. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Condition Landscape 1 of Resolution
R-2009-1043, Control No. 1976-121)
LANDSCAPE - GENERAL-TYPE I RESTAURANT OUTPARCEL
2. Prior to the issuance of a building permit, the property owner shall submit a Landscape Plan to
the Landscape Section for review and approval. The Plan shall be prepared in compliance with all
landscape related conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE Zoning) (Previous Landscape Condition No. 1 of Resolution R-2009-1043, Control No. 1976-121)
3. A minimum of fifty (50) percent of all new and replacement trees to be planted in the right of
way landscape buffer for the Type I Restaurant ouparcel shall meet the following minimum standards
at installation:
a. tree height: fourteen (14) feet;
b. trunk diameter: three and one-half (3.5) inches measured at four and one-half (4.5) feet above
grade;
c. canopy diameter: seven (7) feet diameter shall be determined by the average canopy radius
measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a
minimum of three and one-half (3.5) feet in length; and,
d. credit may be given for existing or relocated trees provided they meet ULDC requirements. (BLDG
PERMIT: LANDSCAPE - Zoning) (Previous Landscape Condition No. 2 of Resolution R-2009-1043,
Control No. 1976-121)
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 112
4. All palms required to be planted on the Type I Restaurant outparcel 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. (BLDG PERMIT: LANDSCAPE -Zoning) (Previous Landscape Condition No. 3 of
Resolution R-2009-1043, Control No. 1976-121)
5. Field adjustment of plant material locations may be permitted to provide pedestrian
sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and
existing vegetation. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Landscape Condition No. 4 of
Resolution R-2009-1043, Control No. 1976-121)
6. Prior to final approval by the Development Review Officer (DRO), three hundred seventy (370)
linear feet of paving, twenty (20) feet in width, along the central and western portions of the south
property line of the shopping center shall be removed and replaced with sod and canopy trees to be
planted at twenty (20) feet on center. (DRO: LANDSCAPE - Zoning) (Previous Landscape Condition
No. 5 of Resolution R-2009-1043, Control No. 1976-121)
7. Special planting treatment shall be provided in the northwest area of the Type I Restaurant
outparcel. Planting shall consist of the following:
a. a minimum of three (3) specimen palm (Bismarck, Canary, Royal, Phoenix, or other species that is
acceptable to the Landscape Section);
b. a minimum of five (5) flowering trees; and,
c. appropriate shrub or hedge materials and ground cover. (BLDG PERMIT: LANDSCAPE Zoning) (Previous Landscape Condition No. 6 of Resolution R-2009-1043, Control No. 1976-121)
LANDSCAPE - PERIMETER-ALONG THE NORTH PROPERTY
OKEECHOBEE BOULEVARD (TYPE I RESTAURANT OUTPARCEL)
LINE,
FRONTAGE
OF
8. In addition to code requirements, landscaping along the north property line of the subject
outparcel shall be upgraded to include:
a. existing Sabal Palms shall be preserved in place;
b. one (1) palm for each for each thirty (30) linear feet of the outparcel property line with a maximum
spacing of forty (40) feet between clusters; and,
c. Saw Palmetto may replace the ULDC requirement for medium shrubs. (BLDG PERMIT:
LANDSCAPE - Zoning) (Previous Landscape Condition No. 7 of Resolution R-2009-1043, Control
No. 1976-121)
SIGNS
1. All new and replacement signs shall meet the ULDC requirements in effect at the time of
building permit. (BLDG PERMIT: BLDG Zoning) (Previous Signs Condition No. 1 of Resolution R2009-1043, Control No. 1976-121)
SITE DESIGN-FINANCIAL INSTITUTION, OUTPARCEL 2
1. All mechanical and air conditioning equipment shall be roof mounted and screened with
parapets. (BLDG PERMIT: BLDG - Arch Review) (Previous Building and Site Design Condition No. 2
of Resolution R-2009-1043, Control No. 1976-121)
USE LIMITATIONS-FINANCIAL INSTITUTION, OUTPARCEL 2
1. Use Limitations Condition No. 1 of Resolution R-2009-1043, Control 1976-121, which currently
states:
Security lighting shall be directed away from nearby residences. (ONGOING: Code ENF - Zoning)
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 113
Is hereby deleted.
[REASON: Code Requirement]
2. Use Limitations Condition No. 2 of Resolution R-2009-1043, Control 1976-121, which currently
states:
A minimum of 6,450 square feet of this proposed structure shall remain as office use.
Is hereby deleted.
[REASON: Condition no longer required]
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: MONITORING - 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 (CO); the
denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject
property; the revocation of any other permit, license or approval from any developer, owner, lessee,
or user of the subject property; revocation of any concurrency; and/or
b.
The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development
Order Amendment, and/or any other zoning approval; and/or
c.
A requirement of the development to conform with the standards of the Unified Land
Development Code (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 2.E of the ULDC, in response to any flagrant violation
and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning)
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 114
Exhibit D: Disclosure Form
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 115
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 116
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 117
BCC
Application No. EAC-2011-02628
Control No. 1976-00121
Project No. 05000-009
January 26, 2012
BCC District 02
Page 118