PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA Application Name: Jonathan's Landing PUD Control No.: Applicant: J L Property Owners Assn Inc Owners: J L Property Owners Assn Inc Agent: Land Design South, Inc. - Douglas Murray Telephone No.: (561) Project Manager: Roger Ramdeen, Site Planner II TITLE: a Development Order Amendment REQUEST: to modify the Master Plan to re-designate a land use from Private Buffer to Civic. APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Jonathan's Landing Planned Unit Development (PUD). The acre parcel of land was approved by the Board of County Commissioners (BCC) on October 25, 1973 to allow a rezoning and a Special Exception for a 1,232-Unit PUD. The Applicant is proposing to change the designation of 2.58-acres of land indicated on the Master Plan as Private Buffer to Civic. In addition to the 256 acres of residential uses, the approved Master Plan indicates a 120-acre golf course, a 12 acre commercial parcel, 6.9 acres of civic uses, 7.9 acres of marina and a 30-acre County Waterway Park. Three access points to the site will remain with one off Indiantown Road and two off Alternate A1A. On May 14, 2014 the Applicant submitted a letter (Exhibit F) requesting withdrawal of the request to delete an access point along Alternate A1A and modify a Condition of Approval for Engineering. Because of this withdrawal it reduced the amount of land area proposed to be converted to residential. SITE DATA: Location: Southeast corner of Alternate AIA and Indiantown Road. (Jonathan's Landing PUD) Property Control Number(s) ; Existing Land Use Designation: Low Residential (LR-3) Proposed Land Use Designation: No change proposed Existing Zoning District: Multi-Family Residential (Medium Density) District (RM) Proposed Zoning District: No change proposed Acreage: acres (affected area 2.58 acres) Tier: Urban/Suburban Tier Overlay District: N/A Neighborhood Plan: N/A CCRT Area: N/A Municipalities within 1 Mile Town of Jupiter Future Annexation Area Town of Jupiter RECOMMENDATION: Staff recommends approval of the requests subject to 42 Conditions of Approval as indicated in Exhibit C. ACTION BY THE ZONING COMMISSION (ZC): At the May 1, 2014 ZC hearing, Staff and the Agent presented the proposed requests. Six members of the public spoke at the hearing stating concerns over the closing of the drive access on Alternate A1A. The ZC recommended to the Agent to meet with the residents and get consensus on whether or not to permanently close this access drive. Consequently, the ZC voted 8-0 to postpone the item to the next ZC hearing on June 5, 2014 to give the Agent the time to meet with residents. Since the ZC hearing, the Agent has submitted a letter requesting that the proposal for the closure of the drive aisle be withdrawn from the application (See Exhibit F of this staff report). ZC June 5, 2014 Page 111

2 PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 0 contacts from the public regarding this project. PROJECT HISTORY: Application No. Resolution and Request Approval Date Resolution No. R Rezoning from part AG 10/25/1973 (Agricultural District) and part RH (Residential Multiple Family High Density) to RM (Residential Multifamily Medium Density), with a Special Exception to allow a Planned Unit Development (PUD) Resolution No. R Special Exception to add a 10/19/1974 marina Resolution No. R Special Exception to modify a condition of approval for the marina. 10/25/ Resolution No. R Development Order 03/24/1994 Amendment to amend the Master Plan to re-designate Pod AA to residential and increase density (13 single family units) Resolution No. R Development Order 07/25/1996 Amendment /Expedited Application Consideration to add 2 access points to the commercial pod Resolution No. R Development Order Amendment to allow a convenience store with gas sales in the commercial pod. 08/28/1997 SURROUNDING LAND USES: Affected Area is internal to the Jonathan s Landing PUD: NORTH: Civic Pod: Waterway Park (30.10 acres) SOUTH: Residential Pod AA: 11 Residential Units (4.3 acres) EAST: Civic Pod: Waterway Park (30.10 acres) WEST: Residential Pod A: 24 Residential Units (1.93 acres) Surrounding Land Uses of the overall Jonathan s Landing PUD: NORTH OF THE PUD: FLU Designation: Commercial and Residential Medium (Town of Jupiter) Zoning District: C2 and R3 (Town of Jupiter) Supporting: Commercial and Residential (Town of Jupiter) SOUTH OF THE PUD: FLU Designation: Low Residential (LR-3) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Residential (Town of Jupiter) EAST OF THE PUD: FLU Designation: Conservation (Town of Jupiter) Zoning District: CP (Town of Jupiter) Supporting: Intracoastal Waterway (Town of Jupiter) WEST OF THE PUD: FLU Designation: Commercial and Residential High Density (Town of Jupiter) Zoning District: C4 (Town of Jupiter) ZC June 5, 2014 Page 112

3 Supporting: Commercial (Town of Jupiter) 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. Consistency with the Comprehensive Plan: The proposed use or amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, including densities and intensities of use. Development of Regional Impact: The Jonathan's Landing PUD is a 631-acre Development of Regional Impact that was originally approved in The Planning Division notified Treasure Coast Regional Planning Council (TCRPC) of the pending application and requested that the applicant contact the TCRPC regarding the proposed change. TCRPC issued a letter of no objection on January 23, 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 applicant has not proposed any uses for the Civic parcel at this time. The Buffer was established in its location when Pod AA was converted to residential. The Buffer was to provide distance and separation from the park. However, in a letter dated February 20, 1991 (Exhibit E), the Jonathan s Landing HOA entered into an agreement with the County to remove the Private Buffer designation and change it to a Civic designation. Any Civic uses on the subject property would be in accordance with the uses allowed in the ULDC. The proposed changes comply with the Code for use, layout, function and development characteristics. 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. This amendment proposes to convert one parcel to Civic use on the PMP. The proposed changes will add to the amenities available such as a nature trail and kayak launch according to the Justification Statement. Conversion of this parcel to civic will further support the PUD and provide for a sustainable mix of residential, civic uses, golf facilities and recreation. The proposed amendment is generally consistent with the uses and character of the land surrounding the affected areas. Staff notes that the applicant has stated in the Justification Statement that the purpose of the amendment is to better serve the residents; therfore, staff does not anticipate any significant incompatibility issues. 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. This amendment proposes to convert an underutilized parcel to Civic use. With the revised site design and Conditions of Approval, the PMP minimizes the adverse impact of the proposed development. ZC June 5, 2014 Page 113

4 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 PUD has been previously developed. The parcels subject to this petition do not support significant amounts of native vegetation subject to ULDC 14.C. Native tree that are unable to be preserved in place, shall be mitigated on the site. 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 Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: The site has no outstanding contamination issues. 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 amendment does not have an effect on the development pattern. Staff notes that the Jonathan s Landing PUD is essentially built out. The conversion of the parcel to Civic (the 2.58 acre parcel located between Pod A and Waterway Park will further support the PUD, and provide for a sustainable mix of residential, civic uses, golf facilities and recreation. In addition, staff has received a letter of no objection from TCRPC in relation to the proposed requests. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. ENGINEERING COMMENTS: The Property Owner shall obtain a permit from the Florida Department of Transportation for modifications to the existing accesses onto Indiantown Road or Alternate A-1-A aka SR811. The Property Owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the issuance of a Building Permit for Waterway Park. TRAFFIC IMPACTS: No Staff Review Analysis ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Alt A1A from Toney Penna Dr to Indiantown Rd Existing count: Northbound=1321, Southbound=1451 Background growth: Northbound=0, Southbound=0 (existing scenario analysis) Project Trips: Northbound=0, Southbound=0 Total Traffic: Northbound=1321, Southbound=1451 Present laneage: 6 Lanes Assured laneage: 6 Lanes LOS D capacity: 2940 vehicle per hour (directional) Projected level of service: LOS D or better Segment: Indiantown Rd from Alt A1A to US 1 Existing count: Eastbound=1209, Westbound=1266 Background growth: Eastbound=0, Westbound=0 (existing scenario analysis) Project Trips: Eastbound=0, Westbound=0 Total Traffic: Eastbound=1209, Westbound=1266 Present laneage: 6 Lanes ZC June 5, 2014 Page 114

5 Assured laneage: 6 Lanes LOS D capacity: 2680 vehicle per hour (directional) Projected level of service: LOS D or better 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 existing development received BCC approval in The applicant has stated in the justification statement that the parcel proposed to be changed to Civic is under-utilized and the proposal to develop this parcel with Civic uses can add services that do not currently exist. In an agreement between the County and the HOA, the Buffer was to be converted to Civic. CONCLUSION: Staff has evaluated the standards listed under Article 2.B.2.B 1-7 and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, staff is recommending approval of the proposed DOA. In addition, staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended Conditions of Approval. ZC June 5, 2014 Page 115

6 CONDITIONS OF APPROVAL EXHIBIT C Development Order Amendment ALL PETITIONS 1. Previous ALL PETITIONS condition 1 of Resolution R , Control No , which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolution R , R (Control ), 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 or Zoning Commission, unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control ), have been consolidated and 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 or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous ALL PETITIONS condition 2 of Resolution R , Control No , which currently states: The approved preliminary master plan is dated November 15, Modifications to the development order inconsistent with the conditions of approval, or changes to the uses or site design beyond the authority of the DRO as established in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. Is hereby amended to read: The approved Preliminary Master Plan is dated May 14, Modifications to the Development Order inconsistent with the conditions of approval, or changes to the uses or site design beyond the authority of the DRO as established in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ENGINEERING 1. Prior to the issuance of a building permit the Property Owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional right of way for the construction of a right turn lane on Indiantown Road at the projects east entrance road. This right-ofway shall be a minimum of 210 feet in storage length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include Corner Clips where appropriate as determined by the County Engineer. 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. (Previous ENGINEERING condition 1 of Resolution R , Control No ) (BLDGPMT: MONITORING - Engineering) [Note: COMPLETED] 2. The Property owner shall construct: a. right turn lane south approach on SR A1A at the projects south entrance; b. right turn lane west approach on Indiantown Road at the projects east entrance; and c. channelized left turn lane (partial median opening to permit lefts in only) on Indiantown Road at the projects east entrance. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of ZC June 5, 2014 Page 116

7 the first Building Permit. Should the Department of Transportation deny permits for this construction, then the property owner shall be relieved of that portion of this condition which is denied. This shall also apply with the right of way condition above. All construction shall be completed prior to the issuance of the first Certificate of Occupancy. (Previous ENGINEERING condition 2 of Resolution R , Control No ) (CO: MONITORING - Engineering) [Note: COMPLETED] 3. The Developer shall design the drainage system such that drainage from those areas which may contain hazardous or undesirable waste shall be separate from stormwater runoff from the remainder of the site. (Previous ENGINEERING condition 3 of Resolution R , Control No ) (ONGOING: ENGINEERING - Engineering) 4. Drainage Plan to be submitted and approved by the applicable governmental agencies for protection of the aquatic preserve. (Previous ENGINEERING condition 4 of Resolution R , Control No ) (ONGOING: ENGINEERING - Engineering) 5. Developer agrees to provide fees as required by Palm Beach County's Fair Share Contribution for Road Improvements Ordinance. (Previous ENGINEERING condition 5 of Resolution R , Control No ) (ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] 6. The signalization of the three (3) turnouts as shown on the Preliminary Master Land Use Plan shall be installed at the developer's expense. (Previous ENGINEERING condition 6 of Resolution R , Control No ) (ONGOING: ENGINEERING - Engineering) 7. Prior to the issuance of any building permits the developer shall dedicate to Palm Beach County the required rights-of-way for Alternate A-1-A and Indiantown Road. (Previous ENGINEERING condition 7 of Resolution R , Control No ) (BLDGPMT/ONGOING: ENGINEERING - Engineering) [Note: COMPLETED] 8. The Property Owner shall construct a right turn lane west approach on Indiantown Road at the new ingress location for the Waterway Park. 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. a. Permits required from Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first building permit for the Waterway Park. (BLDGPMT: MONITORING - Engineering) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy for the Waterway Park. (CO: MONITORING - Engineering) (Previous ENGINEERING condition 8 of Resolution R , Control No ) 9. Prior to January 27, 2012 or prior to issuance of the first building permit for the Waterway Park, whichever shall occur first, the property owner shall plat the park and remaining parcels in accordance with provisions of Article 11 of the Unified Land Development Code. (Previous ENGINEERING condition 9 of Resolution R , Control No ) (BLDGPMT/DATE: MONITORING - Engineering) [Note: COMPLETED] 10. All access points to Alternate A-1-A and Indiantown Road that are shown on the Master Plan shall remain open at all times to vehicular traffic unless otherwise approved by Palm Beach County. (ONGOING: ENGINEERING - Engineering) ENVIRONMENTAL 1. Developer shall preserve the specimen trees when developing the South Peninsula. (Previous ENVIRONMENTAL condition 1 of Resolution R , Control No ) (ONGOING: ENVIRONMENTAL RESOURCE MANAGEMENT - Environmental Resource Management) [Note: COMPLETED] 2. Prior to the dredging of the marina the appropriate approvals shall be obtained from all required governmental agencies. (Previous ENVIRONMENTAL condition 2 of Resolution R , Control No ) (ONGOING: ENVIRONMENTAL RESOURCE MANAGEMENT - Environmental Resource Management) [Note: COMPLETED] ZC June 5, 2014 Page 117

8 LANDSCAPE - GENERAL 1. All trees required to be planted in the commercial pod shall meet the following minimum standards at installation: a. Tree height: fourteen (14) feet. b. Trunk diameter: 3.5 inches measured 4.5 feet above grade. c. Canopy diameter: seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length. (Previous LANDSCAPE - GENERAL condition 1 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) LANDSCAPE - INTERIOR 2. Interior grade-level tree planters shall be required within all applicable parking areas in accordance with Section 7.3.E.2.a.(2)(b) of the ULDC. (Previous LANDSCAPE - INTERIOR condition 2 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) 3. Landscaped divider medians with at grade bicycle and pedestrian cuts shall be provided in the center of all driveways over thirty (30) feet in width providing ingress or egress to the site. The minimum width of this median shall be six (6) feet. The minimum length of this median shall be twenty five (25) feet. A minimum width of five (5) feet of landscaped area shall be provided. One tree and appropriate ground cover s7hall be planted for each twenty (20) linear feet of the divider median. (Previous LANDSCAPE - INTERIOR condition 3 of Resolution R , Control No ) (DRO: LANDSCAPE - Zoning) 4. Landscape islands shall be provided along the front and side facades of all commercial structures. The minimum width of the required landscape islands shall be five (5) feet. The combined length of the required landscape islands shall be no less than 40% of the total length of the applicable side of the structure. All required landscape islands shall be planted with a minimum of one (1) tree every 20 feet on center and appropriate ground cover. (Previous LANDSCAPE - INTERIOR condition 4 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) 5. The landscape island square footage and plant material required along the front and side facades of the Convenience store and accessory car wash, may be relocated and added to the outparcel's perimeter landscape buffers and interior islands. (Previous LANDSCAPE - INTERIOR condition 5 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) LANDSCAPE - GENERAL-LANDSCAPING ALONG SOUTH PROPERTY LINE OF COMMERCIAL POD - ABUTTING RESIDENTIAL 6. Landscaping and buffering along the south property line of the commercial pod, abutting residential Pod J, shall be upgraded to include: a. A minimum fifteen (15) foot wide landscape buffer strip; and b. A six (6) foot high opaque concrete wall. The wall shall not encroach any setbacks required by ENCON for utility purposes. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. (Previous LANDSCAPE - GENERAL condition 6 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) LANDSCAPE - GENERAL 7. The following landscaping requirements shall be installed on the exterior side of the required wall: a. One (1) canopy tree planted every twenty (20) feet on center; b. One (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palm or pine trees may supersede the requirement for a canopy tree in that location; and c. Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (Previous LANDSCAPE - GENERAL condition 7 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) 8. Along the interior side of the required wall, the property owner shall install twenty-four (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center, to be ZC June 5, 2014 Page 118

9 maintained at a minimum height of thirty-six (36) inches. (Previous LANDSCAPE - GENERAL condition 8 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) LANDSCAPE - GENERAL-LANDSCAPING ALONG NORTH AND WEST PROPERTY LINES OF COMMERCIAL POD (ABUTTING R-O-W) 9. Landscaping and buffering along the north and west property lines of the commercial pod shall be upgraded to meet the standards of the Jupiter IOZ. (Previous LANDSCAPE - GENERAL condition 9 of Resolution R , Control No ) (CO: LANDSCAPE - Zoning) LANDSCAPE - GENERAL 10. Prior to Final Site Plan approval for the Civic Pod by the Development Review Officer, the site plan shall incorporate a Type II incompatiblity buffer adjacent to Residential POD AA, Residential POD J and Residential Pod K. (ONGOING: ZONING - Zoning) LIGHTING-LIGHTING - COMMERCIAL POD ONLY 1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. (Previous LIGHTING condition 1 of Resolution R , Control No ) (CO/ONGOING: CODE ENF - Zoning) LIGHTING 2. All outdoor lighting fixtures shall not exceed thirty (30) feet in height, measured from finished grade to highest point. (Previous LIGHTING condition 2 of Resolution R , Control No ) (CO: BUILDING DIVISION - Zoning) PARKING 1. Overnight storage or parking of delivery vehicles or trucks shall not be permitted on site, except within designated loading and delivery areas. (Previous PARKING condition 1 of Resolution R , Control No ) (ONGOING: CODE ENF - Zoning) PARKING-COMMERCIAL POD ONLY 2. Prior to master plan certification by the Development Review Committee (DRC), the site plan shall be amended to include shopping cart storage and retrieval corrals in all retail parking areas. (Previous PARKING condition 2 of Resolution R , Control No ) (DRO: ZONING - Zoning) PLANNED DEVELOPMENT-COMMERCIAL POD ONLY 1. Prior to certification of the preliminary development plan by the Development Review Committee, the property owner shall record in the public record a covenant requiring architectural consistency between all buildings and signage. The covenant shall be recorded in a form and manner acceptable to the County Attorney. The covenant shall not be removed, altered, changed or amended without written approval from the Zoning Director. (Previous PLANNED DEVELOPMENT condition 1 of Resolution R , Control No ) (DRO: COUNTY ATTORNEY - Zoning) 2. Prior to certification of the preliminary development plan by the Development Review Committee, the property owner shall record a covenant in the public record indicating that all structures, uses and parking areas within the project are part of a single unified planned development, regardless of ownership. The covenant shall be recorded in the public record in a manner and form acceptable to the County Attorney. The covenant shall not be removed, altered, changed or amended without written approval from the Zoning Director. (Previous PLANNED DEVELOPMENT condition 2 of Resolution R , Control No ) (DRO: COUNTY ATTORNEY - Zoning) 3. Similar architectural character and treatment shall be provided on all sides of the proposed Convenience store, car wash and gas island canopy. (Previous PLANNED DEVELOPMENT condition 3 of Resolution R , Control No ) (BLDGPMT: BUILDING DIVISION - Zoning) 4. The owner of the Convenience store shall provide air and water to the public for minor vehicle maintenance at no charge. (Previous PLANNED DEVELOPMENT condition 4 of Resolution R , Control No ) (ONGOING: CODE ENF - Zoning) ZC June 5, 2014 Page 119

10 5. Prior to final site plan approval by the Development Review Committee (DRC) the petitioner shall revise their concurrency to match the uses and square footages as shown on the site plan dated July 14, (Previous PLANNED DEVELOPMENT condition 5 of Resolution R , Control No ) (DRO: ZONING - Zoning) [Note: COMPLETED] PLANNING 1. Gross density shall not exceed eight (8) dwelling units per acre. (Previous PLANNING condition 1 of Resolution R , Control No ) (ONGOING: PLANNING - Planning) SIGNS-COMMERCIAL POD ONLY 1. Point of purchase and/or freestanding signs fronting on Alternate A1A shall be limited as follows: a. Maximum sign height, measured from finished grade to highest point - fifteen (15) feet; b. Maximum sign face area per side square feet; c. Maximum number of signs - one (1); and d. Style - monument style only. (Previous SIGNS condition 1 of Resolution R , Control No ) (CO: BUILDING DIVISION - Zoning) 2. Point of purchase and/or freestanding signs fronting on Indiantown Road shall be limited as follows: a. Maximum sign height, measured from finished grade to highest point - fifteen (15) feet; b. Maximum sign face area per side square feet; c. Maximum number of signs - one (1); and d. Style - monument style only. (Previous SIGNS condition 2 of Resolution R , Control No ) (CO: BUILDING DIVISION - Zoning) 3. Outparcel identification signs shall be limited as follows: a. Maximum sign height, measured from finished grade to highest point - eight (8) feet; b. Maximum sign face area per side - 80 square feet; c. Maximum number of signs - one (1) per outparcel; and d. Style - monument style only. (Previous SIGNS condition 3 of Resolution R , Control No ) (CO: BUILDING DIVISION - Zoning) SITE DESIGN-GENERAL 1. All water body areas in the project shall be maintained by the homeowners or condominium association. (Previous DRO condition 1 of Resolution R , Control No ) (ONGOING: COUNTY ATTORNEY - Zoning) 2. Prior to master plan certification by the Development Review Committee (DRC), the site plan for the commercial pod shall be amended to reflect all changes required by the conditions of approval contained herein. (Previous DRO condition 3 of Resolution R , Control No ) (DRO: ZONING - Zoning) [Note: COMPLETED] 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 ZC June 5, 2014 Page 120

11 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. ZC June 5, 2014 Page 121

12 Figure 1 Land Use Map ZC May 1, 2014 Page 122

13 Figure 2 Zoning Map ZC May 1, 2014 Page 123

14 Figure 3 Aerial ZC May 1, 2014 Page 124

15 Figure 4 Preliminary Master Site Plan dated 05/14/2014 ZC Application No. DOA May 1, 2014 BCC District 1 Page 125

16 Figure 5 Previously approved Master Site Plan dated 09/05/2013 ZC Application No. DOA May 1, 2014 BCC District 1 Page 126

17 Exhibit D: Disclosure ZC May 1, 2014 Page 127

18 ZC May 1, 2014 Page 128

19 ZC May 1, 2014 Page 129

20 ZC May 1, 2014 Page 130

21 Exhibit E Jonathan s Landing Letter dated February 20, 1991 ZC May 1, 2014 Page 131

22 ZC May 1, 2014 Page 132

23 ZC May 1, 2014 Page 133

24 Exhibit F Jonathan s Landing Agent Letter requesting withdrawal dated May 14, 2014 ZC May 1, 2014 Page 134