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PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: PDD/R2005-1625 Control No.: 2005-599 Applicant: Four Jr Corporation Owners: Four Jr Corporation Agent: Land Research Management, Inc. - Kevin McGinley Telephone No.: (561) 686-2481 Project Manager: Ron Sullivan, Senior Site Planner

[email protected] ______________________________________________________________________ Location: Approximately 4 miles west of S.R. 710 on the northwest corner of Northlake Boulevard and Memorial Park Road (Northlake Self-Storage). ______________________________________________________________________ Title: Official Zoning Map Amendment to a Planned Development District. Request: Rezoning from the Agricultural Residential (AR) and Specialized Commercial (CS) Zoning Districts to the Multiple Use Planned Development (MUPD) District. Title: Requested Use. Request: To allow a self-service storage facility. ______________________________________________________________________ APPLICATION SUMMARY: Proposed is the rezoning of 9.88 acres of land from the Agricultural Residential (AR) and Specialized Commercial (CS) Zoning Districts to the Multiple Use Planned Development (MUPD) Zoning District and a Requested Use approval to allow for the development of a limited access self-service storage facility. The Site Plan indicates one 2-story building totaling 86,000 square feet including 75,000 square feet of limited access self-service storage, 6,000 square feet of office and 5 work/live units. A total of 96 parking spaces are provided with access from Northlake Boulevard and Memorial Park Road. ______________________________________________________________________ ISSUES SUMMARY: o Concurrent Small Scale Land Use Amendment The Planning Division indicates the site has a Future Land Use Designation of Low Residential 1 (LR-1), and is located within the Urban/Suburban Tier and the Western Northlake Corridor Land Use Study Area (WNCLUS). The site is also the subject of a concurrent Small Scale Land Use Amendment, Osprey Isles Office II (SCA 2006-00012), to change the future land use designation from Low Residential, 1 unit per acre (LR-1) to Commercial Low-Office, with an underlying 1 unit per acre (CL-O/1) in order to develop professional offices and self service storage on the site. Planning Staff recommended denial of the land use amendment based on the findings that the proposal is: 1) inconsistent with Comprehensive Plan policies prohibiting isolated mid-block commercial development and strip commercial development; and 2) at the maximum intensity under the proposed designation, the request would not meet the Comprehensive Plan traffic requirements for land use amendments. Because the request would allow 150,000 square feet of commercial office, it is inconsistent with a WNCLUS recommendation to limit new commercial square footage in the Study Area to a cumulative maximum of 85,000 square feet. However, the applicant has proposed to limit the site to 75,000 square feet of office

BCC March 22, 2007 Page 121 Application No. PDD/R2005-1625 BCC District 01 Control No. 2005-599

Project No. 05192-000

uses and 75,000 square feet of self-storage uses. If this were included as a condition, the proposal would meet the traffic requirements of the Plan. The Land Use Advisory Board (LUAB) Public Hearing for this proposed amendment was held on June 9, 2006. The LUAB recommended approval of the applicant's request subject to a condition. The recommended condition would limit the site to 6,000 square feet of office uses, 70,000 square feet of self-storage uses, 5 work-live units and an overall floor area ratio (FAR) of .25. Contingent upon BCC approval of the land use amendment, the requested rezoning to MUPD would be consistent with this parcel's proposed CL-O/1 FLU designation. Contingent upon BCC approval of the land use amendment, the proposed request for a FAR of approximately .20 or 86,000 (75,000 square feet of self storage, 5 live/work units totaling 5,000 square feet, and 6,000 square feet of office) would be consistent with the maximum Floor Area Ratio (FAR) of .35 allowed for a project with a CL-O/1 FLU designation (9.88 acres X 43,560 X .35= 150,630 square feet maximum). The applicant has proposed to limit the site to 6,000 square feet of office uses and 75,000 square feet of self service storage uses in order to meet the traffic requirements of the Comprehensive Plan. Therefore, as conditioned and Contingent on BCC approval of the land use amendment, the proposed request for a FAR of approximately .20 or 86,000 square feet is consistent with the Comprehensive Plan traffic requirements; however, Planning Division’s recommendation remains for denial because it is inconsistent with the Comprehensive Plan policies prohibiting isolated mid-block development and strip commercial development. o Zoning Division Recommendation of Denial for the Rezoning Request Pursuant to Article 2.B.1.B of the ULDC, in determining whether to approve or deny a proposed rezoning amendment, the BCC or ZC shall consider the following standards indicated below. An amendment that fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Zoning Division is recommending denial of the proposed amendment based on Planning Division’s recommendation denial of the land use amendment:

1. Consistent with Comprehensive Plan. The Planning Division has

recommended denial of the proposed land use amendment based on the findings that the proposal is inconsistent with the policies of the Comprehensive Plan. Contingent upon the approval of the concurrent FLU amendment, the proposed Zoning Map Amendment would be consistent with the site's proposed CL-O FLU designation and applicable intensity thresholds of the Comprehensive Plan.

2. Consistent with Code. The proposed Zoning Map Amendment is not in conflict with any portion of the ULDC, and is consistent with the stated purpose and intent of the ULDC, with the exception of those standards that require BCC approval of the concurrent request for a FLU amendment.

3. Compatible with surrounding uses. The property is located approximately 4 miles west of S.R. 710 on the northwest corner of Northlake Boulevard and Memorial Park Road. The parcel could be described as a roughly rectangular with approximately 1,068 feet fronting on Northlake Boulevard to the south and approximately 398 feet fronting on Memorial Park Road to the east. Bordering the property to the northwest is Osprey Isles PUD and to the northeast is Menorah Gardens. To the west is a preserve that is part of the golf course for Osprey Isles PUD. Bordering the property to the south across Northlake Boulevard is farmland and to the southeast is a communications tower. The site fronts on Memorial Park Road to the east and east of that is Carleton Oaks PUD in Palm Beach Gardens

The ULDC addresses compatibility with the surrounding land uses through the application of landscape buffers. Subject to a land use amendment, the provision of the required landscape buffers, and the recommended conditions of



approval, staff does not anticipate adverse impacts to the surrounding properties from this request.

4. Changed conditions. Determination of compliance with this standard is contingent upon BCC approval of the concurrent request for a FLU amendment.

The applicant states that in 1999, the Palm Beach County Board of County Commissioners (BCC) amended the Urban Service Area Boundary (USAB) to include the subject site (Amendment Round 99-1) based upon a recommendation presented in the WNCLUS. The urban/suburban tier designation of the subject property permits consideration of the SCA application. In addition, County staff has recently recognized the need for 300,000 sq. ft. of additional commercial office space within the 5-mile radius centered on the intersection of Northlake Boulevard and Coconut Road (west of the subject property). An approval of the request companion Comprehensive Plan amendment also constitutes a changed circumstance.

5. Effect on Natural Environment. The Environmental Resource Management

(ERM) Department indicated there are no significant environmental issues associated with the site beyond compliance with ULDC requirements. The project has been designed to preserve the pine flatwoods located in the western portion of the site in its natural state. The proposed use minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment.

6. Development Patterns. Determination of compliance with this standard is contingent upon BCC approval of the concurrent request for a FLU amendment. Pending approval of the small scale future land use amendment, the proposed Zoning Map Amendment will have no adverse impacts on development patterns in the area and will result in a logical and orderly overall development pattern.

7. Consistency with Neighborhood Plan. The subject property is located within the boundaries of the Western Northlake Corridor Land Use Study Area As mentioned above, the request does offer the location most consistent with the WNCLUS recommendations for needed commercial designations in the western Northlake Boulevard corridor. However, because the proposed 150,000 square feet of commercial office is inconsistent with a WNCLUS recommendation to limit new commercial square footage in the Study Area to a cumulative maximum of 85,000 square feet. The applicant has proposed to limit the site to 75,000 square feet of office uses and 75,000 square feet of self-storage uses for a total of 150,000. If the BCC voted for approval of this FLU and the Zoning Map amendments, and included the square footage limitation as a condition, the proposal would meet the traffic requirements of the Plan.

8. Adequate Public Facilities. The proposed rezoning complies with Article 2.F,

CONCURRENCY (Adequate Public Facilities). o Zoning Division Recommendation of Denial for the Requested Use to allow a Self

Service Storage Facility Pursuant to Article 2.B.2.B of the ULDC, in determining whether to approve or deny a proposed requested use, the BCC or ZC shall consider the following standards indicated below. A Requested Use that fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Zoning Division is recommending denial of the proposed amendment based on Planning Division’s recommendation denial of the land use amendment:

1. Consistent with Comprehensive Plan. The Planning Division has recommended

denial of the proposed land use amendment based on the findings that the proposal is inconsistent with the policies of the Comprehensive Plan. Contingent upon the approval of the concurrent FLU amendment and the proposed Zoning Map Amendment, the requested use would be permitted within the site proposed



and be developed in accordance with the applicable intensity of the Comprehensive Plan.

2. Supplementary Use Standards. The proposed requested use complies with all

relevant and appropriate portions of Article 4.A, Supplementary Regulations of the Code.

3. Compatibility. The proposed requested use, subject to the Conditions of Approval outlined in Exhibit C, is compatible as defined in the Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development; See Finding #3 of the Rezoning request.

4. Design Minimizes Adverse Impact. The orientation and design of the proposed requested use minimizes visual impacts and adverse effects to the residential lots north of the site and on adjacent lands.

5. Adequate Public Facilities. The proposed requested use complies with Article 2.F, CONCURRENCY (Adequate Public Facilities);

6. Design Minimizes Environmental Impact. Environmental Resources Management Department has determined that there are no significant environmental issues associated with this site. See Finding #5 of the Rezoning request.

7. Development Patterns. The proposed requested use and project design are consistent with development patterns along the Northlake Boulevard corridor, which includes commercial, recreational, institutional and residential uses. The proposed use will have no adverse impacts on development patterns in the area and will result in a logical and orderly overall development pattern.

8. Other Standards. The proposed requested use complies with all standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics.

9. Consistency with Neighborhood Plans. The subject property is located within the boundaries of the WNCLUS Area. See Finding #7 of the Rezoning request.

10. Changed Circumstances. Determination of compliance with this standard is

contingent upon BCC approval of the concurrent request for a FLU amendment. See Finding #4 of the Rezoning request.

o Traffic The Engineering Department estimates that this request will generate approximately 342 traffic trips per day. o Landscape/Buffering The site plan indicates one 20-foot right-of-way buffer along the 120-foot right-of-way for Northlake Boulevard (south property line), 20-foot Type III Incompatibility buffers along the north (Menorah Gardens/Osprey Isles) and west (Public golf course) property lines and a 15-foot Type II Incompatibility buffer along the east property line (frontage of Memorial Park Road). o Signs The ULDC allows a maximum of three 15-foot high signs along the Northlake Boulevard frontage with a maximum sign face area of 200 square feet per sign. The applicant has proposed one monument sign along Northlake Boulevard 15-feet in height with a maximum sign face of 120 square feet. Staff recommends a condition limiting the applicant to one monument sign on Northlake Boulevard with a maximum height of 15 feet and a maximum sign face area of 100 square feet per side.



o December 7, 2006 ZONING COMMISSION (ZC) HEARING At the December 7, 2006 Zoning Commission hearing, staff gave a brief overview of the project and explained that the recommendation of denial was because Planning staff was recommending denial of a concurrent small scale land use amendment. Planning staff then briefly discussed the reasons for the recommendation of denial. The applicant followed with a brief presentation of the project and addressed Planning’s reasons for a recommendation of denial on the land use amendment. This was followed by several residents of Osprey Isles PUD expressing objections to the cross access between the proposed project and the PUD. The Zoning Commission expressed concern over not being provided with an indication of the appearance of the proposed building and also with 2.5 acres of the site designated as “Future Development”. The applicant then agreed to request a 60-day postponement to resolve some of these issues. The ZC voted unanimously in favor of the postponement request. On January 17, 2007, the applicant provided a revised plan with the cross access removed. The plans were not submitted as a revision since there was not adequate time to distribute and review the plans so staff is proposing a condition of approval requiring the plan to be revised prior to final approval by the Development Review Officer to delete the cross access (Access Condition #1) if deemed applicable by the Planning Division. o February 1, 2007 ZONING COMMISSION (ZC) HEARING At the February 1, 2007 Zoning Commission hearing, staff gave a brief overview of the project followed by a presentation by the applicant. The applicant explained that the areas labeled future development on the plan were subject to further approval by the Board of County Commissioners. The applicant objected to Architectural Condition #2 that limited building height to 25 feet and asked that decorative features be excluded from that limitation. The applicant also stated they would be willing to delete the cross access connection to the adjacent Osprey Isles PUD. The Zoning Commission expressed a preference for maintaining the cross-access connection. There was some discussion regarding if development of the site is expanded in the future, the cross access would serve to keep traffic from Osprey Isles PUD off of Northlake Boulevard. The ZC also discussed the preserve area on the west end of the site and suggested the cross access could be curved to the south to allow more room for the preserve if necessary. ERM staff discussed the preserve and said they would be adding one or two conditions relating to the preserve prior to the BCC hearing (Environmental Conditions 1 and 2). An architectural elevation of the facility was presented to the ZC by the agent but staff had not seen this elevation prior to the ZC hearing. Staff recommends an Architectural Condition requiring the elevations be submitted for final review by the Development Review Officer to ensure the elevations are in compliance with Article 5.C of the ULDC. (Architectural Review Condition 1) The Zoning Commission voted unanimously to recommend approval of the requests, subject to the conditions of approval as amended and leaving the cross access. o February 22, 2007 BOARD OF COUNTY COMMISSIONERS (BCC) HEARING At the February 22, 2007 BCC hearing, the Board voted to postpone the concurrent Small Scale Land Use Amendment with this application, Osprey Isles Office II (SCA 2006-00012) for thirty days to the March 22, 2007 BCC hearing. Consequently, this application was also postponed for thirty days to the March 22, 2007 BCC hearing.



TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-41-42-14-00-000-5030 Same

Land Use Designation:

Low Residential 1 (LR-1) Commercial Low - Office (CL-O/1)

Zoning District: Agricultural Residential (AR) and Specialized Commercial (CS)

Multiple Use Planned Development (MUPD)

Tier: Urban/Suburban Same Use: Vacant

Office, Business or Professional, Self-Service Storage, Work/Live Space

Acreage: 9.88 acres Same Floor Area: N/A 75,000 sq. ft. Building Coverage: N/A 11% FAR: N/A .20 Dwelling Units: N/A 5 work/live Parking: N/A 96 spaces Access: none Northlake Boulevard (1) and

Memorial Park Road (1) CODE ENFORCEMENT: N/A ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received eleven letters opposed to the project. Ten were from residents of Osprey Isles PUD with objections to commercial development in this location and additional traffic. One letter was from the Growth Management Director of the City of Palm Beach Gardens (Exhibit F) stating the changes were inconsistent with the city’s “Our Vision” map of the area and also inconsistent with the Western Northlake Corridor Land Use Study. ______________________________________________________________________ RECOMMENDATION: Staff recommends denial of the request due to the Planning Division’s recommendation of denial for the concurrent future land use (FLU) amendment request. If the Zoning Commission opts to recommend an alternate motion to approve the requested FLU amendment, staff recommends that the request be subject to the twenty-four (24) conditions outlined in Exhibit C. _____________________________________________________________________ ACTION BY THE ZONING COMMISSION: At the December 8, 2006 Zoning Commission Hearing, the ZC voted unanimously to postpone the application for 60 days to the February 1, 2007 Zoning Commission Hearing. ACTION BY THE ZONING COMMISSION: At the February 1, 2007 Zoning Commission Hearing, The ZC voted unanimously in favor of the request, subject to the conditions of approval as amended. ACTION BY THE BOARD OF COUNTY COMMISSIONERS: At the February 22, 2007 Board of County Commissioners (BCC) Hearing, the BCC voted unanimously to postpone the application for 30 days to the March 22, 2007 BCC Hearing. _____________________________________________________________________ BCC March 22, 2007 Page 126 Application No. PDD/R2005-1625 BCC District 01 Control No. 2005-599


MOTION: To adopt a resolution denying a request for an Official Zoning Map Amendment from the Agricultural Residential and Specialized Commercial Zoning Districts to the Multiple Use Planned Development Zoning District. MOTION: To adopt a resolution denying a requested use to allow a self-service storage facility.





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BCC March 22, 2007 Page 131 Application No. PDD/R2005-1625 BCC District 01 Control No. 2005-599 Project No. 05192-000

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STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: (existing) Low Residential 1 unit per acre (LR-1) (proposed) Commercial Low Office with underlying LR-1 (CL-O/1) Underlying Land Use: LR-1 CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division reviewed the request for a rezoning from the Agricultural Residential (AR) and Specialized Commercial (CS) Zoning Districts to the Multiple Use Planned Development (MUPD) District and to allow a self service storage facility on this 9.88 acre site. The site is the subject of a concurrent Small Scale Land Use Amendment, Osprey Isles Office II (SCA 2006-00012), to change the future land use designation for a 9.88 acre parcel from Low Residential, 1 unit per acre (LR-1) to Commercial Low-Office, with an underlying 1 unit per acre (CL-O/1). Staff is recommending denial of this proposed amendment based on the following analysis as stated in the amendment staff report: This is an amendment proposing to change a 9.88 acre parcel located on the northwest corner of Northlake Boulevard and Memorial Park Road, approximately 4 miles west of Beeline Highway from Low Residential, 1 unit per acre (LR-1) to Commercial Low-Office, with an underlying 1 unit per acre (CL-O/1), in order to develop professional offices and self storage on the site. The applicant has provided adequate justification based on the factor of additional detail or comprehensiveness, because the subject site is the location that most closely meets the recommendations of the Western Northlake Corridor Land Use Study (WNCLUS) for locating commercial. The applicant has also demonstrated a need for additional office space in the area by 2025. As mentioned above, the request does offer the location most consistent with the WNCLUS recommendations for needed commercial designations in the western Northlake Boulevard corridor. However, because the request would allow 150,000 square feet of commercial office, it is inconsistent with a WNCLUS recommendation to limit new commercial square footage in the Study Area to a cumulative maximum of 85,000 square feet. At the maximum intensity under the proposed designation, the request would not meet the Comprehensive Plan traffic requirements for land use amendments. However, the applicant has proposed to limit the site to 75,000 square feet of office uses and 75,000 square feet of self-storage uses. If this were included as a condition, the proposal would meet the traffic requirements of the Plan. However, the proposal is inconsistent with Comprehensive Plan policies prohibiting isolated mid-block commercial development and strip commercial development. Therefore, based upon inconsistency with two Comprehensive Plan policies, the Planning Division recommends denial of the proposed amendment.” The Land Use Advisory Board (LUAB) Public Hearing for this proposed amendment was held on June 9, 2006. The LUAB recommended approval of the applicant's request in a 7-4 vote, subject to a condition (with Mr. Greenfield, Mr. McDarmid, Ms. Murray and Mr. Weiner dissenting). The recommended condition would limit the site to 6,000 square feet of office uses, 70,000 square feet of self-storage uses, 5 work-live units and an overall floor area ratio (FAR) of .25. Previous motions for approval with other conditions or without a condition had failed for lack of second or had been replaced with substitute motions. Board discussion focused on Comprehensive Plan policies regarding strip commercial development and isolated midblock commercial development, the appropriateness of self-storage uses in an office designation, the potential for one site to absorb all of the commercial need and the traffic capacity in the



western Northlake corridor and the recommendations of the Western Northlake Corridor Land Use Study. Contingent upon BCC approval of the land use amendment, the requested rezoning to MUPD would be consistent with this parcel's proposed CL-O/1 FLU designation. Contingent upon BCC approval of the land use amendment, the proposed request for a FAR of approximately .20 or 86,000 (75,000 square feet of self storage, 5 live/work units totaling 5,000 square feet, and 6,000 square feet of office) would be consistent with the maximum Floor Area Ratio (FAR) of .35 allowed for a project with a CL-O/1 FLU designation (9.88 acres X 43,560 X .35= 150,630 square feet maximum). However, the applicant has proposed to limit the site to 75,000 square feet of office uses and 75,000 square feet of self-storage uses in order to meet the traffic requirements of the Comprehensive Plan. Therefore, as conditioned and Contingent on BCC approval of the land use amendment, the proposed request for a FAR of approximately .20 or 86,000 square feet is consistent with the Comprehensive Plan traffic requirements TIER: The subject property is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject site is within the future annexation area of the City of Palm Beach Gardens. As part of the public hearing notice process, Zoning Staff has notified this municipality of the request. INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile of the City of West Palm Beach and the City of Palm Beach Gardens. As part of the public hearing notice process, Zoning Staff has notified these municipalities of the request. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is located within the boundaries of the Western Northlake Corridor Land Use Study (WNCLUS), which was completed in 1998 as a joint effort between the County, the City of Palm Beach Gardens and the City of West Palm Beach. The following analysis is provided in the as part of the FLUA amendment staff report: The purpose of the WNCLUS is to determine appropriate land uses within the Northlake Boulevard area which will preserve and enhance the rural character, while also recognizing and planning for limited urban development. The study's main objectives are to: establish an effective delineation between rural and urban/suburban uses; discourage urban sprawl, strip commercial development and the premature conversion of rural land to urban uses; protect the natural environment; enhance the community identity and the appearance along the roadway; encourage efficient traffic flow on Northlake; and encourage intergovernmental coordination/cooperation. One of the recommendations in the Study states that new commercial designations shall be considered in 2005, 2010, and 2015. Additionally, the Study recommends that after the year 2005, any commercial development within the USAB should be limited to 85,000 sq. ft. cumulatively. According to the study, commercial land use requests would be required to be located at nodes while strip commercial development would be prohibited. The study calls for limiting the commercial frontage along Northlake Boulevard to 100 feet and requiring that the depth of the site should be at least three times the width along Northlake. Staff reexamined a portion of the WNCLUS area, specifically a 5 mile radius of the Northlake Boulevard and Coconut Boulevard intersection, to determine if there was a current unmet demand for commercial office space. Staff determined that there was a need for additional office square footage, however the County, the City of Palm Beach Gardens, and the City of West Palm Beach did not pursue making any kind of recommendations regarding the placement of any commercial land use designations until the future of the large properties in the area are known.



In summary, the WNCLUS recommends that new commercial designations be considered after 2005, and that they be located at nodes and within the USAB. The subject site is the only vacant parcel in the WNCLUS boundaries and within the USAB that could serve as a location for commercial. Additionally, when the County and the cities of West Palm Beach and Palm Beach Gardens began a process to update the Study, a long-term office space supply deficit of 300,000 square feet was identified. While the Study does recommend that new commercial be located in nodes and that lot dimensions be circumscribed as detailed above, no sites meeting these criteria exist to meet the substantial commercial office need identified. Therefore, the subject site is the location for commercial that is the most consistent with the Study's recommendations. The Study does recommend that new commercial development be limited to a cumulative total of 85,000 square feet after 2005, while the applicant proposes a total of 150,000 square feet. A proposed update to the Study has unfortunately not been completed due to uncertainty over large properties in the Study Area. However, data shows that population projections for the Study Area have increased. While the data in the original Study projected a 2015 population of 9,098, the population is now projected at 9,787, according to Palm Beach County's 2005 Population Allocation Model. However, the Population Allocation Model does not yet include the approval of the Palm Beach County Research Village on the Mecca Farms site. That approval includes 940 housing units to be built through 2015, which would result in a total 2015 Study Area population of between 11,987 and 12,118. While these plans for the Mecca Farms site are expected to change, it seems likely that a significant amount of residential development will occur there. Also important is, again, the finding of a long range need for approximately 300,000 square feet of office space in the Study Area. Nonetheless, as no update to the Study has been completed, the recommendation of 85,000 square feet stands, and the request is inconsistent with this recommendation.” FINDINGS: Contingent upon BCC approval of the land use amendment, the requested rezoning to the MUPD District would be consistent with the proposed CL-O/1 land use designation of the Palm Beach County Comprehensive Plan. The proposal is inconsistent with the recommendation of the WNCLUS regarding squre footage, however the subject site is the location for commercial that is the most consistent with the Study's recommendations. Staff has proposed, subject to BCC approval, a condition to limit the square footage of uses in order to meet Comprehensive Plan traffic requirements. ______________________________________________________________________ ENGINEERING COMMENTS: MAJOR THOROUGHFARES Total traffic expected from this project: - 75,000 square foot self storage, - 6,000 square foot office building - 5 multi family dwelling units - is 342 trips/day. Required Engineering Related Permits:

1) The property owner shall obtain an onsite Drainage Permit from the Palm

Beach County Engineering Department, Permit Section, prior to the application of a Building Permit.

2) The property owner shall obtain a Turnout Permit from the Palm Beach

County Engineering Department, Permit Section, for access onto Northlake Boulevard

TRAFFIC: Northlake Boulevard SEGMENT: Project entrance to Bee Line Highway PRESENT: 34017 HISTORICAL



GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC: - FROM PETITION: 239 trips per day TOTAL: 34256 PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 32700 PRESENT LANEAGE: 4 lane

_____________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT: Water is available to the property. Therefore, no well shall be permitted on the site to provide potable water. All existing onsite potable water supply systems shall be abandoned in accordance with Palm Beach County ECR-II. Wastewater service is available to the property. Therefore, no onsite sewage treatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently unimproved and contains minimal native vegetation consisting of Slash pine and Cypress. The entire site is jurisdictional wetland that was covered under the SFWMD wetland permit for Osprey Isles PUD. 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. ______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: In accordance with adopted school concurrency, a Concurrency Determination for 5 apartment units had been approved on September 29, 2006 (Concurrency Case #06092001C). The subject property is located within Concurrency Service Area 4 (SAC 068H). This project is estimated to generate approximately one (1) public school student. The schools currently serving this project area are: Pierce Hammock Elementary, Western Pines Middle, and Palm Beach Gardens High. PARKS AND RECREATION: This project will have 5 residential dwelling units, the Parks and Recreation Department has agreed to allow the developer to cash out in lieu of providing on site recreation. A comment will be added to the site plan at final DRO. CONCURRENCY: Concurrency has been approved for 75,000 sq. ft. of self-service storage; 6,000 sq. ft. of office, business or professional; and 5 work/live residential units.



WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD). FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). ______________________________________________________________________ DEVELOPMENT REVIEW EVALUATION: ADJACENT LAND USE AND ZONING:

NORTH: FLU Designation: Low Residential 1 (LR-1) & Institutional (INST) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Osprey Isles PUD & Menorah Gardens Cemetery SOUTH: FLU Designation: Rural Residential (RR-5) Zoning District: Planned Unit Development (PUD), Pet. 1974-158 &

Residential Estate/Special Exception (RE/SE), Pet. 81-205 Supporting: Agricultural Residential (AR) & Agricultural

Residential/Special Exception (AR/SE), Pet. 78-240 EAST: FLU Designation: Low Residential (LR-1) Zoning District: Residential Planned Unit Development (PUD), Pet. 98-070 Supporting: Civic Parcel (Carlton Oaks PUD WEST: FLU Designation: Low Residential 1 (LR-1) Zoning District: Residential Planned Unit Development (PUD) Pet. 2000-112 Supporting: Open space for Osprey Isles PUD

ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable section of the ULDC. EXHIBITS

Exhibit A: Legal Description (NA - attached to resolution)

Exhibit B: Vicinity Sketch

Exhibit C: Conditions of Approval

Exhibit D: Accident History Report Exhibit E: Disclosure Form(s) Exhibit F: Letter from City of Palm Beach Gardens dated November 28, 2006.



EXHIBIT C

CONDITIONS OF APPROVAL ALL PETITIONS 1. Development of the site is limited to the site design approved by the Board of

County Commissioners. The approved site plan is dated October 16, 2006. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRO: ZONING - Zoning)

2. Prior to final plan approval by the Development Review Officer (DRO), the plan

shall be revised to to relabel the areas labeled “future development” as “open space”. (DRO: ZONING - Zoning)

ARCHITECTURAL REVIEW 1. At time of submittal for final Development Review Officer (DRO) approval, the

architectural elevations for the office buildings shall be submitted for final architectural review and approval. Elevations shall be designed to be consistent with Article 5.C of the ULDC. (DRO: ARCH REVIEW-Zoning)

ENGINEERING 1. 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 4, 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)

2. Prior to issuance of a building permit the property owner shall provide a

temporary roadway construction easement along Northlake Boulevard to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDG. PERMIT: MONITORING-Eng)

3. Landscape Within the Median of Northlake Boulevard

A. The Property Owner shall design, install and perpetually maintain the median landscaping within the median of all abutting right of way of Northlake Boulevard. 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 Commissioners 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 d below.

B. The necessary permit(s) for this landscaping and irrigation shall be applied

for prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng)



C. All installation of the landscaping and irrigation shall be completed prior to the issuance of the first certificate of occupancy. (CO: MONITORING -Eng)

D. 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.

E. Alternately, at the option of the Property Owner, and prior to the issuance

of a Building Permit, the Property Owner may make a contribution to the County’s Only Trees Irrigation and Sod, OTIS program, unincorporated thoroughfare beatification program. This payment, for the County's installation of landscaping and irrigation on qualifying thoroughfares shall be based on the project’s front footage along Northlake Boulevard. 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.

The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance

4. The Property owner shall construct a right turn lane east approach on Northlake

Boulevard at the project entrance road.

A) 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.

B) Permits required by Palm Beach County for this construction shall be

obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: Monitoring-Eng)

C) Construction shall be completed prior to the issuance of the first Certificate

of Occupancy. (CO: MONITORING-Eng) ENVIRONMENTAL 1. All existing native vegetation, including understory, depicted on the site plan to

remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. No grade changes, or the toe of proposed grade changes, shall occur within the dripline of existing native vegetation depicted to remain. (ONGOING:ERM - ERM)

2. A preserve management plan shall be approved by ERM prior to final approval

by the Development Review Officer (DRO). The preserve management plan must include all preserve areas within the development. A Conservation Easement, or other instrument approved by ERM shall be required for all preserve areas prior to approval of the Preserve Management Plan. (DRO: ERM - ERM)

HEALTH



1. The site shall be served by sanitary sewer and a community water system.

Neither an onsite sewage treatment and disposal system (OSTDS) nor potable water wells shall be approved for use on the property. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC and Palm Beach County ECR-I. All existing onsite potable water supply systems shall be abandoned in accordance with Chapter 64E-8, FAC, and Palm Beach County ECR-II. (ONGOING: HEALTH - Health)

2. Property owners and operators of facilities generating industrial, hazardous or

toxic waste shall not deposit or cause to be deposited any such waste into the sanitary sewer system unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection, the Palm Beach County Health Department, and the agency responsible for sewage works are provided and used. (ONGOING: CODE ENF - Health)

LANDSCAPE – STANDARD 1. Prior to the issuance of a building permit, the property owner shall submit a

Landscape Plan and/or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan(s) shall be prepared in compliance with all landscape related conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning)

2. A minimum of seventy-five (75) percent of canopy trees to be planted in the

landscape buffers shall be native and 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)

3. All palms required to be planted on the property by this approval shall meet the

following minimum standards at installation:

a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18)

feet; and, c. credit may be given for existing or relocated palms provided they meet

current ULDC requirements. (BLDG PERMIT:LANDSCAPE-Zoning) 4. A group of three (3) or more palms may not supersede the requirement for a

canopy tree in that location, unless specified herein. (BLDG PERMIT:LANDSCAPE-Zoning)

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)



MASS TRANSIT 1. The location of an easement for a Bus Stop Boarding and Alighting Area, subject

to the approval of Palm Tran shall be shown on the Master Plan and/or site plan prior to final approval of the Development Review Officer (DRO). The purpose of this easement is for the future construction of mass transit infrastructure in a manner acceptable to Palm Tran. (DRO: PALM TRAN-Palm Tran)

2. Prior to Plat Recordation or issuance of the first Building Permit, whichever shall

first occur, the property owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related documents as deemed necessary by Palm Tran is required. (BLDG PERMIT/PLAT: MONITORING-Bldg/Eng)

PLANNING 1. The site shall be limited to a maximum of 75,000 square feet of self-service

storage and a maximum of 75,000 s.f. of office and/or live/work or residential units. (DRO: PLANNING - Planning)

SCHOOL BOARD 1. The property owner shall post a notice of annual boundary school assignments

for students from this development. A sign 11” X 17” shall be posted in a clear and visible location in all sales offices and models with the following:

“NOTICE TO PARENTS OF SCHOOL AGE CHILDREN”

School age children may not be assigned to the public school closest to their residences. School Board policies regarding levels of service or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s).

SIGNS 1. Freestanding sign for the subject property 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 - one hundred (120) square feet; c. maximum number of signs -one (1) one for Northlake Boulevard frontage; d. style - monument style only; and, e. signs shall be limited to identification of tenants only. (BLDG PERMIT:

BLDG - Zoning) USE LIMITATIONS 1. Overnight storage or parking of delivery vehicles or trucks shall not be permitted

on the property, except within designated loading and delivery areas. (ONGOING: CODE ENF - Zoning)

COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the

oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners



for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning)

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; 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 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 a 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 Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.

Departmental administrative actions made pursuant to this condition may be appealed as provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning) This resolution shall not become effective until Small Scale Amendment No. SCA 2006-00001 (SR-7 Belvedere Office) is effective.



Exhibit D Accident History Report



One Year Accident History Report

Zoning Petition

2005-1625 (2005-599)

NORTHLAKE SELF STORAGE

Application No.

Project Name

Intersection NORTHLAKE BOULEVARD AND OSPREY ISLES BLVD

Total Number of Accidents !Year 3 AccidentsI12-01-04 to 11-30-05

Breakdown of Accidents;

Rear End Head On Right Angle Left Turn Side Swipe Backing Up Fixed Object Ped.lBicycle Other

Total Daily Volume Through Intersection Project Daily Traffic Using Intersection Project Daily Traffic as % of Total Intersection Ranking by Number of Accidents Intersection Ranking by Rate of Accidents

2

1

36,674 342

.93%

C:lJ)ocumenls and Setlings\Emurray\Local Setlings\T emp\GWViewer\2005_599 _Northlake _SS.doc



Feb. 9. 2007 2:02PM No. 1899 P. 3

PALM BEACH COUNlY - ZONING DIVISION FORM#~

DISCLOSURE OF OWNERSHIP INTERESTS· APPLICANT

TO: PALM BEACH COUNlY PLANNING, ZONING AND BUILDING EXECUTIVE.

DIRECTOR. OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA

COUNlY OF PALM BEACH

BEFORE ME. the undersigned authority, this day personally appeared

R.Q) \".e ... t g Uf k Q , hereinafter I1tferred to as "Affiant: who being by me first duly swom. under oath. deposes and $tales as follows:

1. Affiant is the [ ) individual ot ~ f,Sc ~ ~ J. ~,J tf [position-e,g., president, parlner, trustee] of :t tq II '" 'S' 'fZ COt f {name and type of enM)'-e.g., ABC ~ XYZ Umited Partn9rshlpJ. (hereinafter. "Applicant"). Applicant seeks Compre$ive Plan amendment or Development Order

approval for real property leg,uy described on the attached E'lchibit "A" (the "Property").

2. Affiant's address is: 5'yy fkvlxx;v Hfr) 21 ~--~~--p~/~3~t~~-o~~~~

3. Attached hereto as Exhibit "B" is a complete .sting of the names and

addresses of every person or entity having a five percent or greater interest in the

Applicant. Disclosure does not apply to an individual's or entity's interest in any entity'

registered with the Federal Securities Exchange Commission or registered purs,*" to

Chapter 511, Florida StaMes. whose interest is for sale to the general public.

4. Affiant acknowJedges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its revieW of

Applicant's application for COnlprehef181ve Plan amendment or Development Order

approval. Affiant further admowledgu that he or she is authoriZed to execute this

Disclosure of Ownership Interests on behalf of the Applicant.

5. Affiant further acknowledges that he or she shall bV affidavit amend this

disclosure to reflect any changes to ownership interests in the Applicant that may occur

before the date of final public hearing on the application for Comprehensive Plan

amendment or Development Order approval.

Disclosure of 8eneficiallnterest -Applicant fonn Created 0113012007



Feb. 9. 2007 2:02PM No. 1899 P. 4

PALM BEACH COUNTY - ZONING DIVISION FORM#-2!L

6. Affiant further states that Affiant is famitiar with the nature of an oath and

with the penalties provided by the laws of the State of Florida for falsely swearing to

statements under oath.

7. Under penalty of perju/y. Affiant declares that Affiant has examined this

Affidavit and to the best Of Affiant's knowledge and belief it is true. correct. and complttt8.

FURTHER AFFIANT SAYETH NAUGHT.

64V?Afflam (Print Affiant Name)

The foregoing inst~t was acknowledged ~fore me this .:l.. day of &~~ 20f21-. by RQI!Jt..-~T D. 54 Ax c- . ~ who is personall( known to me or [ ) Who has produced _____________ _

as identification and Who did take an oath.

Disclosure of Beneficial Interest -Applicant form

NolaryPublk: ~

~N.m.) NOTARY PUBLIC

State of Florida at Large My Commission Expires: ,ku-p ;;t. -3/ J...-oo 7

~~ 1\ Joanne Schiavone ,~:i My Commission 00231012

0, 1' .. :.1 ExpifH August 23. 2007

Created 0113012007



Feb. 9. 2007 2: 02PM

PALM BEACH COUN1Y - iONING DIVISION

LEGAL DESCRIPTION:

EXHIBlT "A.u

PROPERTY

No. 1899 P. 5

FORM#~

DESCRIPTION OF PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 42 SOUTH,

RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA,

BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 10471,

PAGES 349 THROUGH 352, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 14, TOWNSHIP 42

SOUTH, RANGE 41 EAST; THENCE RUN SOUTH 01 °28'43 "WEST, ALONG THE EAST

LINE OF SAID SECTION 14, A DISTANCE OF 4214.42 FEET TO THE POINT OF

BEGINNING; THENCE CONTINUE SOUTH 01 °28'43"WEST, ALONG SAID EAST LINE, A

DISTANCE OF 397.99 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH LAKE

BOULEVARD, AS NOW LAID OUT AND IN USE; THENCE NORTH 89°02'40"WEST,

ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1068.34 FEET, THENCE

NORTH 01°50'08" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE

OF 409.18 FEET; THENCE SOUTH 88°26'41"EAST, A DISTANCE OF 1065.75 FEET TO

THE POINT OF BEGINNING.

CONTAINING 430,626 SQUARE FEET OR 9.886 ACRES MORE OR LESS.

BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 14,

TOWNSHIP 42 SOUTH, RANGE 41 EAST, BEARING

SOUTH 01 °28'43"WEST.

Disclosure of Beneficial Interest -Applicant form Created 01J3(1J2007



Feb. 9. 2007 2:02PM No. 1899 P. 6

PALM BEACH COUNTY. ZONING DIVISION FORMI#~

EXHIBlT"B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

Affiant must identify all entities and individuals owning five percent or more ownership interest in Applicant's corporation, partnership or other prinCipal, if any. Affiant must identify individual owners. For example, if Affiant is the officer of a corporation or partnership that is wholly or partially owned by another entity, such as a corporation, Affiant must identify the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individuafs or entity's interest in art( entity registered with the Federal Securitie$ Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

Address

Disclosure of Benefi~allnterest -Applicant form Created 0113012007



Feb. 9. 2007 2 : 02 PM No. 1899 P. 7

PALM BEACH COUNTY· ZONING DIVISION FORMtI...Q1L

DISCLOSURE OF OWNERSHIP INTERESTS· PROPERTY

TO; PALM BEACH COUNlY PLANNING, ZONING AND BUILDING EXECUTive

DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA

COUNTY OF PALM BEACH

BEFORE ME, the undersigned authority, this day petSonally appeartd

Reb..q" I' t: 1> u r k: g , hereinafter referred to 8$ "Affiant,' who " being by me first duly sworn, under oath, deposes and states 8S follows:

1. Affiant is the [ I individual or)l fr. ~



Feb. 9. 2007 2:02PM No. 1899 P. 8

PALM BEACH COUNTY. ZONING DIVISION FORMtI....QL

6. Affiant further states that Affiant is famRiar with the natule of an oath and

with the penaltieS provided by the laws of the state of Aorida for falsely swearing to

statements under oath.

7. Under penalty of perjury, Affiant declares that Affiant has examined this

Affidavit and to the best of Affiant's knowledge and belief it is true. correct, and

complete.

(Prinl Affiant Name)

The foregoing irl$trument was acknowted98d..-before me this.2..-. day of ~L>t,d1J5-j 20r4-. by tot;t?Z-T p, B'I/tKJ: . ( ho is personally known to me or [ ) who has produced ____________ _

as identifICation end who did take an oath.

Disclosure of Beneficial Interest OWnership form

~ ~ JOIfJ}~J£' X/h lWoAl~ (PrInt Notary Name)

NOTARY PUBLIC Stale of Florida at Large My CommisSion Expires: JilG· J3:1 J-b 0/

J'~ 1\ Joanne Schiavone ;'Y:i My Commission 00231012 ~Op,.df ExpilUAugust23.2007

Created 0112212007 Updated 0113112007



Feb. 9. 2007 2:02PM No. 1899 P. 9

PALM BEACH COUNTY - ZONING DIVISION FORMN...m..

EXHIBIT "A"

PROPERTY

LEGAL DESCRIPTION:

DESCRIPTION OF PARCEL OF LAND LOCATED IN SECTION 14, TOWNSHIP 42 SOUTH,

RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA,

BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 10471,

PAGES 349 THROUGH 352, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 14, TOWNSHIP 42

SOUTH, RANGE 41 EAST; THENCE RUN SOUTH 01 °28'43"WEST, ALONG THE EAST

LINE OF SAID SECTION 14, A DISTANCE OF 4214.42 FEET TO THE POINT OF

BEGINNING; THENCE CONTINUE SOUTH 01 °28'43"WEST, ALONG SAID EAST LINE, A

DISTANCE OF 397.99 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NORTH LAKE

BOULEVARD, AS NOW LAID OUT AND IN USE; THENCE NORTH 89°02'40"WEST,

ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1068.34 FEET, THENCE

NORTH 01°50'08" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE

OF 409.18 FEET; THENCE SOUTH 88°26'41"EAST, A DISTANCE OF 1065.75 FEET TO

THE POINT OF BEGINNING.

CONTAINING 430,626 SQUARE FEET OR 9.886 ACRES MORE OR LESS.

BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 14,

TOWNSHIP 42 SOUTH, RANGE 41 EAST, BEARING

SOUTH 01°28'43"WEST.

Disclosure of Beneficial Interest Ownership form Created 0112212007 Updated 0113112007



Feb. 9. 2007 2:02PM No. 1899 P. 10

PALM BEACH COUNTY - ZONING DIVISION FORM#~

EXHIBIT"B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

Affiant must identify all entities and individuals owning five percent or more ownership interest in the property. Affiant must identify individual owners. For example, if Affiant is an officer of a corporation or partnerShip that is wholly or partially owned by another entity, such as a corporation. Affiant must identify the other entity, its address. and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securitiea Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general pubrlC.

Address

Oisclosure of BenefICial Interest Ownership form

Percentage of Interest

Created 01122J2007 Updated 0113112007

EXHIBIT F

LETTER FROM CITY OF PALM BEACH GARDENS DATED NOVEMBER 28, 2006



CITY OF PALM BEACH GARDENS 10500 N. MIUTARY TRAIL • PALM BEACH GARDEN S, FLOR IDA 334 10-4698

November 28, 2006

Ms. Donna Adelsperger 2300 North Jog Road West Palm Beach, FL 33411

Re: PDD/R-2005-1625 (Control No_ 2005-599): Official Zoning Map Amendment to a Planned Development District.

Dear Ms. Adelsperger:

Thank you for the "Notice of Public Hearing" regarding the above referenced project. As stated in your notification, the petition is to rezone the 9.88 acre parcel at the northwest corner of Northlake Boulevard and Memorial Park Road from Agricultural Residential (AR) and Specialized Commercial (CS) to Multiple Use Planned Development (MUPD) District to allow for a 75,000 square foot limited access self service storage facility, a 6,000 square foot office building, and 5 residential units, City staff has reviewed the proposed zoning amendment, and has identified the follO\ving issues.

1. Existing land uses within the area are predominantly residential uses. 2. The City's "Our Vision" map for the area only identifies residential and golf uses within the area. 3. The Western Northlake Corridor Land Use Study recommends only neighborhood commercial

uses be permitted within the study area. (City staff does not consider self-service storage a neighborhood commercial use.) Therefore, the rezoning request is inconsistent with the Western Northlake Corridor Land Use Study.

Based upon the above noted issues, City staff hereby objects to the proposed rezoning of the property, and recommends that the rezoning request be postponed until the Western Northlake Corridor Land Use Study Update is completed.

If you have any questions, or would like to discuss the matter, please contact Todd Miller, Principal Planner, at (561) 799-4236.

Sil/;~'.~ J!~AlCP Growth Management Director

c. Talal Benothman, Planning & Zoning Director Todd Miller, Principal Planner

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