southland forming

Transcription

southland forming

SOUTHLAND FORMING
$4,900,000
8470 Belvedere Road, West Palm Beach , FL 33411
Presented By:
Edward A. Kearney,
CCIM
P.O. Box 32098
West Palm Beach, FL 33420
(561)616‐6262
[email protected]
Offering Highlights
Industrial Owner/User Opportunity
Includes 9,200 SF Office, 8,028 SF
Warehouse
Two Site Plan Approved 2+ Acre OutParcels
Outside Equipment Storage Permitted
SOUTHLAND FORMING • 8470 Belvedere Road, West Palm Beach , FL 33411
Offering Information and Property Description
We are delighted to offer for sale this 10.64 +/- acre industrial parcel improved with a 9,200 +/
- SF 2-story office building and three industrial buildings totaling about 21,398 +/- SF. A 2.06
acre parcel and a 2.3 acre parcel fronting on Belvedere are site plan approved for warehouses
of 34,780 SF and 36,550 SF respectively with a maximum building height of 50’. The property
has very heavy power of 3,015 amp service. Fire protection is from the Palm Beach County Department of Fire Rescue. Sewer and water are provided by the Palm Beach County Water Utilities Dept.
The property is zoned Light Industrial in Palm Beach County. Outside storage of construction
equipment is permitted which makes this property uniquely suited to the construction, transportation and similar businesses. The large tract in the middle of the property is for on-site
storm water retention by the landlord and is not part of this sale. It owned by the Palms West
Industrial Park Association.
The property is well situated in Central Palm Beach County and has quick access to all major
arterials including Belvedere Road, the recently completed Southern Boulevard, Jog Road and
US 441/SR 7. The property is only minutes from the Florida Turnpike entrance at Southern
Blvd.
The landlord prefers to sell the entire property to one entity but will consider offers for the
outparcels or the entire property less the outparcels. The tenant is an affiliate of the Landlord
and will lease-back the property for up to two years after closing.
We encourage all interested parties to make their offer to purchase in writing and to provide
information regarding their prior investments in commercial real estate as well as their capability to consummate a purchase transaction on the subject property.
Edward A. Kearney, CCIM
Kearney Commercial Realty, Inc.
561-616-6262
PO Box 32098
T 561-616-6262 F 561-691-0114 C 561-252-2502
[email protected] www.kearneyreal.com
SOUTHLAND FORMING
Executive Summary
List Price
Price Per Sq.Ft.
$4,900,000.00
$160.14
NOI
CAP
Building Sq.Ft.
30,598
Rentable Sq.Ft.
30,598
Land Acres
10.64
Load Factor
Occupancy
8470 Belvedere Road, West Palm Beach , FL 33411
HIGHLIGHTS
100%
PROPERTY DESCRIPTION
Area
Sansbury Way
The area adjacent to and south of this property is
generally light industrial. Abutting the property to the
west is a vacant parcel that is planned for a strip type
shopping center. To the north there is a private grammar
and secondary school and numerous apartments and
condominiums. The property fronts Belvedere Road, a
major E-W corridor. The US Immigration Service will
occupy a large new building about 1 miles west of this
property.
00-42-43-32-06-000-001
Property
Market
West Palm Beach
Sub Market
Royal Palm Beach
The property consists of a 9,290 SF 2-story office
building, two warehouse totaling about 8,028 SF and two
steel work-sheds totaling 13,430 +/- SF. Fronting
Belvedere Road are two pad sites approved for a 34,700
SF and a 36,500 SF warehouse with 50' maximum height.
The total 10.64 acre site is approved for outside storage
of construction equipment and similar heavy equipment.
Industrial Owner/User Opportunity
Includes 9,200 SF Office, 8,028 SF Warehouse
Two Site Plan Approved 2+ Acre Out-Parcels
Outside Equipment Storage Permitted
Cross Street
Tax Parcel No.
Year Built
1990
Building Class
B
Location Class
A
Zoning Type
Light Industrial
Mixed-Use
No. of Buildings
3
Parking
No. of Stories
2
Major Tenants
No. of Tenants
1
Southland Forming is the only tenant. The seller is an
affiliate of Southland Forming.
No. of Parking Spaces
HVAC
Elevators
There is ample parking for all employees.
Yes
Exclusively Listed By:
1
Edward A. Kearney, CCIM
(561)616‐6262
[email protected]
INVESTMENT PROPERTY OFFERING
8470 BELVEDERE ROAD
ROYAL PALM BEACH, FL
Property Summary:
10.644 Acres with 650 +/- Feet Frontage on Belvedere
Zoning: MUPD Palms West Industrial Park
Use: Light Industrial with Outside Equipment Storage
Total Power Service:
3,015 Amps
Concrete Driveway & Parking Lot
SUMMARY OF LAND & BUILDINGS
1.
2.
Belevedere Frontage Pad Sites:
Site Plan Approved:
Acres
Square Footage
Approved Bldg Size
Type
Vacant Pad-Lot 3
2.314
Vacant Pad-Lot 4
2.060
100,798
36,550 SF
50' Warehouse
89,734
34,780 SF
50' Warehouse
Main Building
Square Footage
Building Notes
Power
2 Story Office
9,200
Concrete Const., Offices
1150 Amps
Maintenance Warehouse
4,800
Concrete Const.
550 Amps
East Buildings
Square Footage
Building Notes
Power
Warehouse/Storage
3,228
CBS Construction
Saw Shed
6,222
General Industrial Uses
750 Amps
West Building
Square Footage
Building Notes
Power
Beam & Truss Shed
7,148
Steel Frame and Roof
200 Amps
Existing Buildings:
Elevator
225 Amps
Billboard/ D.C. Crane
3.
40 Amps
Excess Land :
Square Footage
Total Land of 10.644 Acres:
463,653
Power
Security, Lights, Yard Power
100 Amps
Excess Land : Acres
Total Power
4.87 Acres
3,015 Amps
Less the following square footage:
Pad Site 1
(100,798)
Pad Site 2
(89,734)
Office Building 4X Building Size
(36,800)
Maint. Warehouse 3X Building Size
(14,400)
Storage Warehouse 3X Building Size
(9,684)
Estimated Total Excess Land
212,237
Note: Every effort has been made to provide accurate information. However, this information is subject to errors, omissions and
changes in circumstances. Kearney Commercial Realty, Inc. makes no representation regarding said information
data, p
projections,
statistics, valuations or any
j
y other information contained herein.
Pad Sites
Two Story Office & Warehouse
PO Box 32098
T 561-616-6262 F 561-691-0114 C 561-252-2502
Warehouse & Two Story Office
Warehouse
PO Box 32098
T 561-616-6262 F 561-691-0114 C 561-252-2502
Warehouse & Saw Shed
Parking Area
PO Box 32098
T 561-616-6262 F 561-691-0114 C 561-252-2502
Locator Map
PO Box 32098
T 561-616-6262 F 561-691-0114 C 561-252-2502
Parcel Map
PO Box 32098
T 561-616-6262 F 561-691-0114 C 561-252-2502
PALM BEACH COUNTY
PLANNING, ZONING AND BUILDING DEPARTMENT
ZONING DIVISION
PDD/DOA-2006-019
1985-055
Five Friends Properties Inc.
West Palms Industrial Park II Assn. Inc.
Five Friends Properties Inc.
Owners:
West Palms Industrial Park II Assn. Inc.
Agent:
Kilday & Associates, Inc. - Collene Walter
(561) 689-5522
Telephone No.:
Kristin Tetsworth, Senior Planner; Terri Johnson, Intern
Project Manager:
______________________________________________________________________
Application No.:
Control No.:
Applicant:
Location: Approximately 600 feet east of Sansbury's Way on the south side of
Belvedere Road (Palms West Industrial Park II).
______________________________________________________________________
TITLE:
Official Zoning Map Amendment to a Planned Development District.
REQUEST: Rezoning from the Agricultural Residential (AR) Zoning District to the
Multiple Use Planned Development (MUPD) District. TITLE: Development Order
Amendment. REQUEST: To add and delete land area, reconfigure the site plan and
add square footage.
______________________________________________________________________
APPLICATION SUMMARY: Proposed is the rezoning of 18.13-acres from Agricultural
Residential (AR) to the Multiple Planned Development (MUPD) District in order to
incorporate the previously abandoned Palm Beach Farms Company R-O-W parcel
(0.27 acre) located at the southwest corner of the property. The site is was approved by
the Board of County Commissioners (BCC) on July 25, 2001 to allow a Planned
Industrial Development (PID) that includes contractor's storage that is a permitted use,
as well as a previously approved Special Exception to include open storage of
automobiles. With this Development Order Amendment the applicant is proposing to
delete land area (5.78-acres), specifically lot #2; add land area (0.27-acres) and
incorporate an additional 34,780 sq. ft. of warehouse space for a total of 90,130 sq. ft.
on the subject property. Access to this site will remain from Belvedere Rd.
ISSUES SUMMARY:
o
Consistency with Comprehensive Plan
The Planning Division has determined that the requests are consistent with the site’s
Industrial (IND) FLU designation as assigned by the Palm Beach County
Comprehensive Plan. This site is located in the Urban/Suburban Tier as well as future
annexation areas of City of West Palm Beach and the Town of Haverhill. See
comments from the Planning Division for additional information.
o
Compatibility with Surrounding Land Uses
To the north of the site across Belvedere Road, (120-foot R-O-W), is the King’s
Academy Private School. To the south and west are lands with light industrial
BCC
May 25, 2006
Page 120
Application No. PDD/DOA-2006-00019 BCC District 06
Control No. 1985-00055
Project No. 00602-000
development including an existing auto auction with accessory vehicle storage, which is
the subject of a concurrent application, PDD/R2006-017. Also to the West are lands
approved for a Multiple Use Development District, (MUPD), that is currently under
construction of a commercial center known as Shoppes of Belvedere. Finally, to the
east are lands currently under construction of Leelan West Industrial Park. Subject to
the recommended conditions of approval, staff anticipates no adverse impacts to the
surrounding properties from the requests.
o
Traffic
The Traffic Division indicates that the request will generate 460 trips per day. The
previous approval for this site produced 124 trips per day creating a net increase of 336
trips per day.
o
Landscape/Buffering
On January 19, 2006, the Board of Adjustment approved with conditions, a variance
(BA-2005-1704), which eliminates the compatibility buffer along 167 feet of the east
property line as well as the required landscape material along the same 167 feet.
Frontage on the north will require a minimum 20-foot wide buffer to satisfy MUPD
obligations and, per condition of approval, this buffer will have no utility easement
overlap.
There is an existing 12-foot landscape buffer along the south property line. The site
plan indicates a 15-foot landscape buffer along approximately 590 feet of the east
property line. A 5-foot landscape buffer on the east side of the development abutting
Belvedere Road leads into the area subject to the above-mentioned variance (BA-20051704). On the remainder of the east property line there is an existing 5-foot landscape
buffer. To the west exists a 25-foot landscape buffer along approximately 600 feet of the
property line; along the remaining 380 feet a 5-foot compatibility buffer is provided on
the site plan.
o
Signs
The proposed signs include two freestanding monument style signs with a maximum
height of 15 feet and a maximum area of 200 square feet. The ULDC allows a
maximum of 3 signs with a 5-foot setback and applicable plantings per ULDC Article
7.D.11.D, therefore, staff has no objection to the request.
o
Architectural Review
The proposed development is subject to ULDC Article 5.C., Architectural Guidelines.
Staff recommends that architectural elevations be submitted for review and approval at
the time of submittal for Building Permit (Architectural Review Condition 1). In an effort
to mitigate the unsightly view of the current use on the property, staff recommends the
dumpster and port-o-lets to be properly screened. Additionally, the site plan will be
amended to depict internal loading areas that are screened with an opaque wall of a
height necessary to veil vehicles from view. (Architectural Review Condition 2).
o
Board of Adjustment
Prior to Public Hearing consideration, the applicant sought approval for variance(s) from
the Board of Adjustment. The requests called for elimination of a compatibility buffer
along a portion of the East property line, as well as a dismissal of the required
landscaping along the same said area. The following variances were approved with
conditions at the January 19, 2006 Public Hearing:
AGENDA ITEM
CODE SECTION
BA-200501704
7.F.8
Landscape -
REQUIRED
PROPOSED
VARIANCE
5
feet
wide
landscape buffer
No
landscape
buffer along 167
No landscape buffer
along 167 feet of the
BCC
May 25, 2006
Page 121
Compatibility
Buffer
7.F.2
Landscape Trees, Shrubs
and Hedges
o
east property line
feet of the east
property line
One canopy tree
per 25 linear feet;
one shrub per 2
feet (equates to 7
trees and 83
shrubs)
No
canopy
trees,
shrubs, or hedges along
167 feet of the east
property line (7 trees
and 83 shrubs)
No canopy trees,
shrubs,
or
hedges
along
167 feet of the
east property line
Development Order Amendment – Changed Circumstances
The applicant indicated in the justification statement that the primary purpose of this
application is to add 0.27 acres to the southwestern portion of the property, delete 5.78
acres along the southeastern portion, reconfigure the site to for additional building
square footage, and unify the project under the Multiple Use Planned Development
(MUPD) District. Currently, the property is approved for 55,350 sq. ft. of warehouse
building space. The proposed request will raise this number to 90,130 square feet; a net
increase of 24,780 square feet. Approval of this request is required for subsequent
approval of the tandem application for West Palm Beach Auto Auction (PDD/R2006017).
o
May 4, 2006 Zoning Commission (ZC) Hearing
At the May 4, 2006 Zoning Commission (ZC) Hearing the Agent for the Applicant
reviewed the history on this site. The project was originally approved in 1985 as a
Planned Industrial Park and in 1991 as a Special Exception to allow outside automobile
storage for the auto auction facility. This application will provide the necessary
resolutions and conditions of approval to be in compliance with the current ULDC
requirements. All of the old Engineering conditions have been consolidated, and
modified as necessary, in this staff report for consideration by the BCC. The ZC voted
to recommend approval 6-0.
TABULAR DATA
EXISTING
Property Control
Number(s)
Land Use
Designation:
Zoning District:
Tier:
Use:
Acreage:
Floor Area:
Parking:
Access:
PROPOSED
00-42-43-32-06-000-0010
00-42-43-32-06-000-0030
00-42-43-32-06-018-0000
Industrial (IND)
Pending
Same
Agricultural Residential (AR)
and Light Industrial/Special
Exception (IL/SE) nka MUPD
U/S
Contractor Storage Yard
Towing Service and Storage
18.93 acres
18,800 s.f.
78 spaces
Belvedere Road
Multiple Use Planned
Development (MUPD)
District
Same
Contractor Storage Yard
Warehouse
13.29 acres (-5.64 acres)
90,130 sq.f. (+71,330)
177 spaces ( +99 spaces)
Same
CODE ENFORCEMENT: N/A
______________________________________________________________________
PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no
letters from the public.
______________________________________________________________________
BCC
May 25, 2006
Page 122
RECOMMENDATION: Staff recommends approval of the request subject to 42
conditions of approval as indicated in Exhibit C.
ACTION BY THE ZONING COMMISSION: May 4, 2006: ZC approved 6-0.
______________________________________________________________________
MOTION: To adopt a resolution approving an Official Zoning Map Amendment to a
Planned Development District from the Agricultural Residential Zoning District to the
Multiple Use Planned Development District.
MOTION: To adopt a resolution approving a Development Order Amendment to add
and delete land area, reconfigure the site plan and add square footage.
BCC
May 25, 2006
Page 123
BCC
May 25, 2006
Page 124
BCC
May 25, 2006
Page 125
APPROVED SITE PLAN
DATED FEBRUARY 13, 2006
BCC
May 25, 2006
Page 127
STAFF REVIEW AND ANALYSIS
PLANNING DIVISION COMMENTS:
FUTURE LAND USE (FLU) PLAN DESIGNATION: Industrial (IND)
CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The
Planning Division has reviewed the request for rezoning from the Agricultural
Residential (AR) Zoning District to the Multiple Use Planned Development (MUPD)
District, with a request for a Development Order Amendment (DOA) to delete land area
(5.78 acres) and add land area (.27 acres), and has determined the development
proposal is appropriate for this parcel's IND FLU designation. The proposed request is
also consistent with the maximum Floor Area Ratio (FAR) of .45 for a site with a CR/IND
FLU designation. For this 13.29 acre site, the site could develop with a maximum of
260,510 square feet at the .45 FAR (13.29 x 43,560 x .45 = 260,510 square feet
maximum). The site plan indicates a FAR of approximately .16 or 90,130 square feet
for this site.
The applicant's site plan was reviewed for consistency with policies from the Future
Land Use Element (FLUE) and Transportation Element (TE) that encourage vehicular
and pedestrian interconnectivity both within and between sites including FLUE Policy
4.3-g, TE Policy 1.9-j, TE Policy 1.9-l, and TE Policy 1.9-m. Per the intent of the above
policies, prior to Development Review Officer (DRO) certification of the site plan, staff
encourage the applicant to consider revising the site plan to provide sidewalk
connections between buildings and other storage structures in order to encourage safe
pedestrian circulation within the site. Staff also recommended including a gazebo or
other outdoor seating area for employee use. However, the applicant opted not to
include additional sidewalks or seating area citing a lack of available space and the fact
that the infrastructure on the site is existing and not for public use. Given the existing
use and how the site functions with the use, staff determined that the certified site plan
is not inconsistent with the above policies that promote pedestrian interconnectivity
within the site.
TIER: The subject property is in the Urban/Suburban Tier.
FUTURE ANNEXATION AREAS: The subject site is located within the future
annexation area of the City of West Palm Beach and the Town of Haverhill. As part of
the public hearing notice process, Zoning Staff has notified these municipalities of the
request.
INTERGOVERNMENTAL COORDINATION: The subject property is located within one
mile of the Village of Royal Palm Beach. As part of the public hearing notice process,
Zoning Staff has notified this municipality of the request.
SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA:
None
FINDINGS: The request is consistent with the land use designation and intensity
provisions of the Comprehensive Plan.
______________________________________________________________________
ENGINEERING COMMENTS:
Total traffic expected from this project is 460 trips/day. Total traffic from the previous
approval was 124 trips/day. Net increase is expected to be 336 trips/day.
Total traffic expected from this project:
- 71,330 square feet warehouse
- 18,800 square feet light industrial
BCC
May 25, 2006
Page 128
Previously approved project traffic:
- 18,800 square feet light industrial
TRAFFIC:
Belvedere Road
SEGMENT:
Sansbury Way - Skees Road
PRESENT:
30343
HISTORICAL GROWTH TRAFFIC:
OTHER DEVELOPMENT TRAFFIC:
FROM PETITION:
276 trips per day
TOTAL:
30619
PRESENT CAPACITY AT LEVEL OF
SERVICE “D”:
49200
PRESENT LANEAGE:
6 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 must
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 improved and contains scattered
Cabbage palm and live oak. The native vegetation will be relocated from the areas of
proposed improvements.
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: No educational impact created by this project.
PARKS AND RECREATION: This is a commercial application and Parks and
Recreation U.L.D.C standards do not apply.
CONCURRENCY: Concurrency has been approved for 90,130 square feet of
warehouse storage.
WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department.
BCC
May 25, 2006
Page 129
FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the
ULDC, Concurrency (Adequate Public Facility Standards).
DEVELOPMENT REVIEW EVALUATION:
SITE FACTORS (proposed): A 13.29-acre site with approximately 660 ft. of frontage on
Belvedere Road; a maximum depth of approximately 987 ft.; and accessed by
Belvedere Road. The site is currently approved for a Contractors Storage Yard and
Towing Service and Storage.
ADJACENT LAND USE AND ZONING:
North:
Flu Designation:
Zoning District:
Supporting:
Medium Residential, 5 Units Per Acre (MR-5)
Single-family Residential (RS)
King’s Academy Private School
South:
FLU Designation:
Zoning District:
Supporting:
Industrial (IND)
Light Industrial (IL)
Auto Auction, Vehicle Storage
East:
FLU Designation:
Zoning District:
Supporting:
Industrial (IND)
Light Industrial (IL)
Leelan West Industrial Park
(N)West:
FLU Designation:
Zoning District:
Supporting:
Commercial High (CH)
Multiple Planned Use Development (MUPD)
Shoppes of Belvedere
(S)West:
FLU Designation:
Zoning District:
Supporting:
Industrial (IND)
Agriculture Residential (AR)
Auto Auction, Vehicle Storage
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.
PROJECT HISTORY
On March 23, 1985, the Board Of County Commissioners approved Zoning Petition
1985-055 for a rezoning from the Agricultural Residential Zoning District to the Light
Industrial Zoning District with a Special Exception to allow a Planned Industrial
Development (Resolutions R-1985-1094 and R-1985-1095).
On January 6, 1988, the Board of County Commissioners approved Zoning Petition
1985-055A for the rezoning from the Agricultural Residential and the Light Industrial
Zoning Districts to Light Industrial Zoning District and the Special Exception to amend
and expand the site plan for a Planned Industrial Development, previously approved
under zoning petition no. 85-55 on May 23, 1985 (Resolution No. R-85-1095), to 1)
increase the land area by approximately 9.4 acres, 2) increase the building square
footage, and 3) redesign the site (Resolutions R-1989-597 and R-1989-598)
On May 31, 1991, the Board of county Commissioners approved Zoning Petition 1985055B, for a special exception to amend the site plan for a PID to include open storage
(automobiles) (Resolution R-1991-1071)
On May 25, 1995, the Board of County Commissioners approved Status Report SR 8555B.2 to amend conditions of approval of Resolution No. R-91-1071, which approved
BCC
May 25, 2006
Page 130
the special exception of West Palm Beach Auto Auction (Petition 1985-55(B)
(Resolution R-1995-718).
FINDINGS:
1.
Consistent with Comprehensive Plan. The proposed rezoning and requested
use is consistent with the purposes, goals, objectives and policies of the
Comprehensive Plan, including standards for building and structural intensities and
densities, and intensities of use;
2.
Supplementary Use Standards. The proposed rezoning and requested use
complies with all relevant and appropriate portions of Article 4.A, Supplementary
Regulations of the Code;
3.
Compatibility. The proposed rezoning and requested use 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;
4.
Design Minimizes Adverse Impact. Subject to conditions, the design of the
proposed rezoning and requested use minimizes adverse effects, including visual
impact and intensity of the proposed use on adjacent lands;
5.
Adequate Public Facilities. The proposed rezoning and requested use complies
with Article 2.F, CONCURRENCY (Adequate Public Facilities);
6.
Design Minimizes Environmental Impact. Subject to conditions, the proposed
rezoning and requested use minimizes environmental impacts, including but not
limited to water, air, stormwater management, wildlife, vegetation, wetlands and
the natural functioning of the environment.
7.
Development Patterns. The requests have no adverse impacts on logical, timely
and orderly development patterns.
8.
Other Standards. Once conditional requirements are fulfilled, the proposed
Development Order Amendment will comply 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. N/A
10.
Changed Circumstances. The southeastern 5.78-acres, also known as Lot 2, is
currently used for vehicle storage for the West Palm Beach Auto Auction. The
applicant is proposing to delete this land area so it can be incorporated into
another application’s request for a rezoning to the Multiple Use Planned
Development, PDD/R2005-017. Also, the applicant is requesting to add land area
totaling .27-acres, formerly a Palm Beach Farms Company R-O-W. Additional
warehouse space, 34,780 ft., is requested for storage and will be located on the
northwest portion of the development. Demand has increased in Palm Beach
County due to development pressures.
______________________________________________________________________
EXHIBITS
Exhibit A:
Legal Description (NA - attached to resolution)
Exhibit B:
Vicinity Sketch
Exhibit C:
Conditions of Approval
Exhibit D:
Accident History Report
BCC
May 25, 2006
Page 131
EXHIBIT C
CONDITIONS OF APPROVALS
ALL PETITIONS
1.
Condition 11 of Resolution R-1985-1095, Petition 1985-055 which currently
states:
The petitioner shall present a notarized Affidavit of Disclosure at the Zoning
Authority Meeting.
Is hereby deleted. [REASON: no longer applicable]
2.
Condition 1 of Resolution R-1989-598, Petition 1985-055A which currently states:
Petitioner shall comply with all conditions of previous approval unless expressly
modified herein.
Is hereby deleted. [REASON: superseded by All Petitions 5]
3.
Condition A.1 of Resolution R-1991-1071, Petition 1985-055B which currently
states:
The petitioner shall comply with all previous conditions of approval, unless
expressly modified herein.
4.
Condition 1 of Resolution R-1995-718, Status Report SR85-055B.2 which
currently states:
All previously approved conditions of approval continue to apply unless expressly
modified herein.
5.
All previous conditions of approval applicable to the subject property, as
contained in Resolution R-85-1095 (Control1985-055), Resolution R-1989-598
(Petition 1985-055A), Resolution R-1991-1071, (Petition 1985-055B) and
Resolution R-1995-718 (Status Report SR85-055B.2), 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
ULDC and the Board of County Commissioners, unless expressly modified.
(ONGOING: ZONING - Zoning)
6.
Development of the site is limited to the site design approved by the Board of
County Commissioners. The approved site plan is dated February 13, 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)
ARCHITECTURAL REVIEW
1.
At time of submittal for Building Permit, the architectural elevations for proposed
warehouse storage buildings shall be submitted for final architectural review and
approval. Elevations shall be designed to be consistent with Article 5.C of the
ULDC. Development shall be consistent with the DRO approved site plan, all
applicable conditions of approval, and all ULDC requirements. (BLDG PERMIT:
ARCH REVIEW - Zoning)
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2.
Prior to final site plan approval, the site plan shall be amended to indicate all
internal loading areas be screened with an opaque wall of height necessary to
veil vehicles from view, per Article 3.E.3.B.2. (DRO: ARCH REVIEW - Zoning)
3.
The maximum height of proposed warehouse storage buildings shall be 50 feet.
All heights shall be measured from finished grade to the highest point of the
building, including air conditioning, mechanical equipment, satellite dishes and
architectural features. (DRO: ARCH REVIEW - Zoning)
4.
Design of gutters and downspouts shall be integrated into the architectural
design of proposed warehouse storage buildings. Painting of the gutters and
downspouts shall not constitute architectural integration. (DRO: ARCH REVIEW
- Zoning)
CONCURRENCY
1.
Condition B.1 of Resolution R-1991-1071, which currently states:
Prior to submittal of the site plan to the Site Plan Review Committee, the
petitioner shall amend Concurrency Case No. 90-11-15-0123 to reduce capacity
to the approved square footage of non-residential use. (Previous Condition B.1 of
Resolution R-1991-1071, Petition 1985-055B)
Is hereby deleted. [REASON: Concurrency is now a Code requirement]
DUMPSTER
1.
All garbage and refuse receptacles shall be confined to a designated area.
Dumpsters or other trash collection devices shall be concealed behind a solid
enclosure. The open end of the enclosure shall have an obscuring, opaque gate.
(Previous Condition C.1 of Resolution R-1991-1071, Petition 1985-055B)
ENGINEERING
1.
Prior to site plan review committee the petitioner shall submit in duplicate,
simultaneously with the application documentation substantiating the
abandonment of a 25-foot unrecorded road easement (Johnson Lane) that is
located along the eastern property line. If this is not abandoned the petitioner
shall relocate the landscape strip and parking west of this easement unless the
appropriate releases are secured. (ONGOING: ENG-Eng) (Previous Condition 3
of Resolution R-1989-598, Petition 1985-055A)
2.
Condition E7 of Resolution R-1989-598, which currently states:
7. The developer shall pay a Fair Share Fee in the amount and manner required
by the “Fair Share Contribution for Road Improvements Ordinance” as it
presently exists or as it may from time to time be amended. The Fair Share Fee
for this project presently is $4,715.00 (176 trips X $26.79 per trip).
Is hereby deleted. - REASON: Impact fees are now a code requirement.
3.
Condition E.1 of Resolution R-1991-1071, Petition 1985-055B which currently
states:
E1The Developer shall provide discharge control and treatment for the
stormwater runoff in accordance with all applicable agency requirements in effect
at the time of the permit application. However, at a minimum, this development
shall retain on-site the stormwater runoff generated by a three ( 3 ) year-one (1)
hour storm with a total rainfall of 3 inches as .required by the Permit Section,
Land Development Division. In the event that the subject site abuts a Department
of Transportation maintained roadway, concurrent approval from the Florida
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Department of Transportation will also be required. The drainage system shall be
maintained in an acceptable condition as approved by the County Engineer. In
the event that the drainage system is not adequately maintained as determined
by the County Engineer, this matter will be referred to the Code Enforcement
Board for enforcement. (ONGOING: ENG-Eng)
Is hereby deleted. Reason, Drainage is now a code requirement.
4.
The development shall retain onsite 85% of the stormwater runoff generated by a
three (3) year-one hour storm per requirements of the Permit Section, Land
Development Division.
Is hereby deleted. - REASON: Drainage is now a code requirement.
5.
The developer shall construct a left turn lane, east approach on Belvedere Road
at the project's entrance road concurrent with onsite paving and drainage
improvements pursuant to a paving and drainage permit issued from the office of
the County Engineer, per the County Engineer's approval. (ONGOING: ENGEng) (Previous Condition E.7 of Resolution R-1985-1095) Note-Complete.
6.
The Petitioner shall provide Palm Beach County with a road drainage easement
with sufficient capacity for retention/detention through this project's internal lake
system to legal positive outfall for the road drainage of Belvedere Road. This
drainage easement shall be subject to all governmental agency requirements.
(ONGOING: ENG-Eng) (Previous Condition E.8 of Resolution R-1985-1095)
Note-Complete.
7.
9. The Developer shall pay a Fair Share Fee in the amount and manner required
by the “ Fair Share Contribution for Road Improvements Ordinance'' as it
presently exists or as it may from time to time be amended. The Fair Share Fee
for this project would presently be $14,976.00. (ONGOING: ENG-Eng)
Is hereby deleted. - REASON: Impact fees are now a code requirement
8.
The present property owner shall record a twenty (20) foot maintenance
easement around the existing lake prior to final action by the Board of County
Commissioners. (ONGOING: ENG-Eng) (Previous Condition E.10 of Resolution
R-1985-1095) Note-Completed.
9.
The property owner shall participate in any street improvement program for 85th
Avenue north of the existing 30 foot right-of-way on the south side of the subject
property. (ONGOING: ENG-Eng) (Previous Condition E.13 of Resolution R1985-1095)
10.
The Property owner shall construct::
a.
b.
On or before February 1, 1996, the property owner shall
constructFairgrounds Road from the project's entrance onto Fairgrounds
Road to Sansbury Way, minimum two 10-foot travel lanes, local street
standards including appropriate drainage. (DATE: ENG-Eng) (Previous
Condition 3 of Resolution R-1995-718, Status Report SR85-055B.2)
Abandon the existing 30 north/south road right-of-way. Should this be
abandoned, then no entrances shall be permitted onto this road. If this
road is not abandoned, then the property owner shall construct the
existing 30 foot north/south Palm Beach Farms right of way from
Fairgrounds Road to Belvedere Road minimum 2-10 foot travel lanes local
street standards including appropriate drainage.
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c.
If determined by the County Engineer, the property owner shall fund the
construction of a left turn lane, east approach on Belvedere Road at
Johnson Lane. Funding shall be completed prior to November 1, 1991 or
prior to plat recordation whichever shall first occur. Note a and c are
Complete.
All concurrent with on-site paving and drainage improvements. Construction shall
be completed prior to the issuance of the first Certificate of Occupancy.
(ONGOING: ENG-Eng) (Previous Condition E.2 of Resolution R-1991-1071,
Petition 1985-055B)
11.
Prior to November 1, 1991 or prior to the issuance of the first Building Permit, the
Property owner shall convey to Palm Beach County adequate road drainage tract
through the projects internal surface water management system to provide legal
positive outfall for all runoff from those segments of Belvedere Road along the
property frontage and for a maximum 400 ft. distance each side of the property
boundary lines along Belvedere Road. Said easements shall be no less than 20
feet in width. The drainage system within the project shall have sufficient
retention/detention capacity to meet the storm water discharge and treatment
requirements of the applicable County Water Control District and South Florida
Water Management for the combined runoff from the project and District the
ultimate Thoroughfare Plan Road Section(s)of the included segment. If required
and approved by the County Engineer the property owner shall construct within
the proposed drainage easements a minimum of 24 inch closed piping system
and appropriate wingwall or other structures. Elevation and location of all
construction shall be approved by the County Engineer. Any and all excess fill
material from excavation within said easements shall become the property of
Palm Beach County. (ONGOING: ENG-Eng) (Previous Condition E.3 of
Resolution R-1991-1071, Petition 1985-055B) Note Complete
12.
Condition E2 of Zoning Resouiltion R1995-718 which currently states:
On or before July 1, 1995, the property owner shall pay a Fair Share Fee in the
amount and manner required by the “Fair Share Contribution for Road
Improvements Ordinance” it presently exists or as it may from time to time be
amended. (DATE: ENG-Eng) (Previous Condition 2 of Resolution R-1995-718,
Status Report SR85-055B.2) Is hereby deleted. Reason - Impact Fees are now
a code requirement.
13.
The Developer shall plat the subject property in accordance with provisions of
Palm Beach County's Subdivision and Required Improvements Regulations 90-8
as amended. The platting of this property may be phased in accordance with a
phasing plan acceptable to the office of the County Engineer. A phase should not
be larger than what would reasonably be expected to be completed within the
time frame of the posted surety. (ONGOING: ENG-Eng) (Previous Condition E.5
of Resolution R-1991-1071, Petition 1985-055B)Complete.
14.
6. The developer shall retain the stormwater runoff in accordance with all
applicable agency requirements in effect at the time of the permit application.
However, at a minimum, this development shall retain onsite three (3) inches of
the stormwater runoff generated by a three (3) year-one (1) hour storm as
required by the Permit Section, Land Development Division. The drainage
system shall be maintained in an acceptable condition as approved by the
County Engineer. In the event that the drainage system is not adequately
maintained as determined by the County Engineer, this matter will be referred to
the Code Enforcement Board for enforcement. (ONGOING: ENG-Eng) (Previous
Condition 6 of Resolution R-1989-598, Petition 1985-055A)
Is hereby deleted. - REASON: Drainage is now a code requirement
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ENVIRONMENTAL
1.
Previous Condition D.1 of Resolution R-1991-1071, Petition 1985-055B which
currently states:
All lakes shall be planted with native aquatic vegetation on a minimum of threefoot centers. A littoral shelf planting plan and maintenance plan shall be
submitted to the Department of Environmental Resources Management
concurrent with Site Plan Review application and approved by ERM prior to Site
Plan certification.(ONGOING:ERM-ERM)
Is hereby deleted. [REASON: Code requirement.]
2.
currently states:
Secondary containment for stored Regulated Substances - fuels, oils, solvents,
or other hazardous chemicals
is required. Environmental Resources
Management Department staff shall provide guidance on appropriate protective
measures.
3.
currently states:
Plans for underground storage tanks must be signed off by the Department of
Environmental Resources Management prior to installation. The petitioner shall
perform all necessary preventative measures to reduce the chances of
contamination of the groundwater. Double walled tanks and piping with corrosion
protection or their equivalent shall be a part of those measures.
HEALTH
1.
Reasonable precautions shall be exercised during site development to insure
that unconfined particulates (dust particles) from this property do not become a
nuisance to neighboring properties. (Previous Condition Health 2 of Resolution
R-1985-1095, Control No. 1985-055) (ONGOING: CODE ENF-Health)
2.
Reasonable measures shall be employed during site development to insure that
no pollutants from this property shall enter adjacent or nearby surface waters.
(Previous Condition Health 3 of Resolution R-1985-1095, Control No. 1985-055).
(ONGOING: CODE ENF-Health)
3.
Condition Health 4 of Resolution R-1985-1095, Control No. 1985-055, which
currently states:
Any fuel or chemical storage tanks shall be installed with protection against
leakage or spillage due to corrosion, leakage, structural failure or other means.
The design and installation plans will be submitted to the Health Department for
approval prior to installation.
Is hereby deleted. [REASON: Code requirement or no longer applicable].
4.
Condition Health 5 of Resolution R-1985-1095, Control No. 1985-055, which
currently states:
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Any toxic or hazardous waste generated at this site shall be properly handled
and disposed of in accordance with Chapter 17-30, F.A.C.
Is hereby deleted. [REASON: Code Requirement].
6.
Condition 10 of Resolution R-1989-598, Petition 1985-055A
states:
which currently
Since sewer service is available to the property, septic tank shall not be
approved for use on said property.
Is hereby deleted. [REASON: Code requirement].
7.
Condition 11 of Resolution R-1989-598, Petition 1985-055A, which currently
states:
Since water service is available to the property, a potable water well shall not be
approved for us: on said property.
8.
Condition F.1 of Resolution R-1991-1071, Petition 1985-055B, which currently
states:
Generation and disposal of hazardous effluents into sanitary sewerage system
shall be prohibited unless adequate pretreatment facilities approved by the
Florida Department of Environmental Regulation (FDER) and Agency
responsible for sewage works are constructed and used by project tenants or
owners generating such effluents.
Is hereby amended to read:
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)
9.
states:
Sewer service is available to the property. Therefore, no septic tank shall be
permitted on the site.
10.
states:
Water service is available to the property. Therefore, no well shall be permitted
on the site to provide potable water.
11.
No portion of this project is to be approved on well or septic tank, existing or new.
Existing septic tanks are to be abandoned, in accordance with Chapter 10-D-6,
F.A.C. (Previous Condition F.4 of Resolution R-1991-1071, Petition 1985-055B)
12.
Condition 9 of Resolution R-1989-598, Petition 1985-055A, which currently
states:
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Generation and disposal of hazardous effluents into sanitary sewerage system
shall be prohibited unless adequate pretreatment facilities approved by the
Florida Department of Environmental Regulation (FDER) and Agency
responsible for sewage works are constructed and used by project tenants or
owners generating such effluents.
Is hereby deleted. [REASON: Duplicate condition]
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, 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. (PLAT: ENG- Eng)
UTILITIES
1.
If any relocations/modifications to the County's existing facilities are required that
are a direct or indirect result of the development, the developer shall pay for the
complete
design
and
construction
costs
associated
with
these
relocations/modifications. (ONGOING: PBCWUD-PBCWUD)
ZONING – LANDSCAPE STANDARDS (AFFECTED AREA: Lots 3 and 4)
1.
Prior to the issuance of a building permit, the property owner shall submit a
Landscape Plan for the future affected development area (Lots 3 and 4) to the
Landscape Section for review and approval. The Plan(s) shall be prepared in
compliance with the conditions of approval as contained herein. (BLDG PERMIT:
LANDSCAPE - Zoning)
2.
Prior to the issuance of a Building Permit for the proposed warehouse storage
building(s), the property owner shall replace all dead and missing plant materials
on the entire subject property. (BLDG PERMIT: LANDSCAPE - Zoning)
3.
A minimum of sixty-five (65) 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)
4.
All canopy trees to be planted in the inventory storage areas shall be native and
meet the following minimm standards at installation:
a. tree height: Sixteen (16) feet;
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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)
5.
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)
6.
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)
ZONING – LANDSCAPING ALONG THE NORTH PROPERTY LINE
7.
In addition to the proposed landscaping and buffering program and code
requirements, landscaping along the north property line shall be upgraded to
include:
a. a minimum 20 foot wide landscape buffer strip. No width reduction or
easement encroachment shall be permitted; and,
b. one (1) palm or pine for each for each thirty (30) linear feet of the property line
with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT:
LANDSCAPE - Zoning)
ZONING - SITE DESIGN
8.
A revised site plan shall be submitted locating each bay, clear access into each
bay and a revised parking arrangement to accommodate the latter. (Previous
Condition 1 of Resolution R-1985-1095, Petition 1985-055) [NOTE: Complete –
Site Plan approved by SPRCM a long time ago ]
9.
Prior to certification, the site plan shall be amended to indicate the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Required 25-foot landscape strips
Removal of trees that are proposed in the 20-foot lake maintenance
easement
Tabular data to indicate the correct amount of required shade trees
Relocation of the parking stalls that are located between the two, one
story, 42,600 square foot buildings or redesign them to meet code
Redesign the loading berths that serve the 42,600 square foot buildings.
They shall be a minimum of twelve feet wide.
Required terminal islands
Required trees in terminal islands
Required physical separation separating the specialized vehicular use
area from public access. This barrier may be in the form of a landscape
strip, curbing, removable bollards or other suitable barrier approved by the
Zoning Division.
Required hedge material along the south and western property lines
Required transfer of 10 percent of all specialized vehicular use areas to
the perimeter of the lot
Corrected tabular information for building square footage and associated
parking requirements (specifically the saw shed and maintenance shop).
(Previous Condition 2 of Resolution R-1989-598, Petition 1985-055A)
[NOTE: Complete – Site Plan for Pet. 1985-055A approved by SPRCM
Ex. 42 March 30, 1988 ]
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10.
Prior to site plan certification; the petitioner shall execute a Unity of Title covering
the entire site. This unity shall be recorded and submitted in duplicate
simultaneously with the application for Site Plan Review Committee approval.
(Previous Condition 4 of Resolution R-1989-598, Petition 1985-055A) [NOTE:
Complete – Site Plan for Pet. 1985-055A approved by SPRCM Ex. 42 March 30,
1988 ]
11.
Prior to site plan certification the petitioner shall submit a loading demand
statement pursuant to Section 500.19B of the Zoning Code. (Previous Condition
5 of Resolution R-1989-598, Petition 1985-055A) [NOTE: Complete – Site Plan
for Pet. 1985-055A approved by SPRCM Ex. 42 March 30, 1988 ]
12.
The present property owner shall record a twenty (20) foot maintenance
easement around the existing lake prior to final action by the Board of County
Commissioners. (Previous Condition 10 of Resolution R-1985-1095, Petition
1985-055) [NOTE: Complete – LME included in PB 71, pgs. 75-77]
13.
The developer shall comply with all provisions of the Zoning Code Section 500.3
including, but not limited to, the requirement that the slope of the submerged land
shall be no greater than 5:l to a depth of six (6) feet below the maintained water
level. Proof of compliance with Section 500.3 shall be submitted prior to issuance
of a certificate of occupancy. (Previous Condition 12 of Resolution R-1985-1095,
Petition 1985-055) [NOTE: Complete – lake is constructed]
14.
The site plan shall be amended to indicate compliance with all minimum property
development regulations and land development requirements. (Previous
Condition A.2 of Resolution R-1991-1071, Petition 1985-055B) [NOTE: Complete
– Site Plan for Pet. 1985-055B approved by SPRCM Ex. 68 June 26, 1991 ]
15.
Development of the site is limited to the uses and site design shown on the site
plan approved by the Board of County Commissioners. Any modifications must
be approved by the Board of County Commissioners unless the proposed use or
design changes are permitted pursuant to Section 402.7 (E) 2 (b) (Site Plan
Review Committee Powers and Standards of Review) (Previous Condition A.3 of
Resolution R-1991-1071, Petition 1985-055B) [NOTE: Complete – Site Plan for
Pet. 1985-055B approved by SPRCM Ex. 68 June 26, 1991 ]
16.
Condition G.1 of Resolution R-1991-1071, Petition 1985-055B which currently
states:
Unloading of vehicles shall occur only within the outdoor storage area and not on
streets or neighboring property.
Is hereby deleted. [REASON: No longer applicable because this condition was
imposed on the petition by Petition 1985-055B, which was the petition that
approved the auto storage use for the auto auction on Lot 2 of the PID. As the
current DOA petition is to delete Lot 2 from the PID, this condition can be
deleted.]
17.
An area equivalent to at least 15% of the land area indicated as "outdoor
storage" on the site plan shall be added to the landscape buffer in an area
acceptable to the Zoning Division. (Previous Condition G.2 of Resolution R-19911071, Petition 1985-055B) [NOTE: Complete – Site Plan for Pet. 1985-055B
approved by SPRCM Ex. 68 June 26, 1991 ]
ZONING - USE LIMITATIONS
18.
Condition H.1 of Resolution R-1991-1071, Petition 1985-055B) which currently
states:
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Use of the outdoor storage facility shall be limited to the storage of new and used
cars and trucks only, including transport vehicles. All vehicles shall be in
operable condition. (ONGOING: CODE ENF-Zng) (Previous Condition H.1 of
Resolution R-1991-1071, Petition 1985-055B)
Is hereby deleted. [REASON: No longer applies.]
19.
states:
When this facility is not open, the parking area shall be locked and gated.
(ONGOING: CODE ENF-Zng) (Previous Condition H.2 of Resolution R-19911071, Petition 1985-055B)
20.
states:
No outdoor speaker or public address systems which are audible off-site shall be
permitted. (ONGOING: CODE ENF-Zng) (Previous Condition H.3 of Resolution
R-1991-1071, Petition 1985-055B)
21.
states:
No outside storage of disassembled vehicles, or parts thereof, shall be permitted
on site. (ONGOING: CODE ENF-Zng) (Previous Condition H.4 of Resolution R1991-1071, Petition 1985-055B)
22.
states:
Vehicles shall not be tested off-site on residential streets. (ONGOING: CODE
ENF-Zng) (Previous Condition H.5 of Resolution R-1991-1071, Petition 1985055B)
23.
states:
There shall be no outdoor repair of vehicles. (ONGOING: CODE ENF-Zng)
(Previous Condition H.6 of Resolution R-1991-1071, Petition 1985-055B)
24.
states:
No vehicle shall be stored with its hood or trunk open, nor elevated off the ground
in any way. Vehicles shall only be stored in the approved outdoor storage area
designated on the certified site plan. (ONGOING: CODE ENF-Zng) (Previous
Condition 7 of Resolution R-1991-1071, Petition 1985-055B)
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25.
states:
No advertising flags, foreign flags, pennants, banners, streamers, balloons, signs
upon any vehicles, prices; or vehicle stock numbers or other information except
that required to be posted on such vehicles by law. (ONGOING: CODE ENFZng) (Previous Condition 8 of Resolution R-1991-1071, Petition 1985-055B)
26.
states:
No objects, gimmicks or advertising designed to attract the public's attention offsite shall be displayed outdoors, or upon any building, vehicle or Wall, other than
inside a window except as may be permitted by the Sign Code. (ONGOING:
CODE ENF-Zng) (Previous Condition 9 of Resolution R-1991-1071, Petition
1985-055B)
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)
a.
Failure to comply with any of the conditions of approval for the subject
property at any time may result in:
a.
b.
c.
d.
e.
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
The revocation of the Official Map Amendment, Conditional Use,
Requested Use, Development Order Amendment, and/or any other
zoning approval; and/or
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
Referral to code enforcement; and/or
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.
Appeals of any departmental administrative actions hereunder may be taken to the
Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land
Development Code (ULDC), as amended. Appeals of any revocation of an Official
Zoning Map Amendment, Conditional Use, Requested Use, Development Order
Amendment or other actions based on a Board of County Commission decision shall be
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by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING:
MONITORING - Zoning)
This resolution is effective when filed with the Clerk of the Board of County
Commissioners.
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EXHIBIT D
ACCIDENT HISTORY REPORT
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Edward A. Kearney
34 Windsor Lane
Palm Beach Gardens, FL 33418
561-616-6262
F 561-616-6264
Email: [email protected]
Edward A. Kearney is President of Kearney Commercial Realty, Inc. specializing in commercial real estate in
Palm Beach, Broward, Martin and St. Lucie Counties in South Florida. He also has a property tax consulting
business which he has operated for more than 23 years as Tax Reduction Consultants of Florida, Inc. He has
extensive experience in investment analysis, landlord and tenant representation and property tax abatement.
He also serves as a Court Appointed Receiver in foreclosure and bankruptcy cases.
Kearney has recently represented owners in the sale and leasing of a number of strip shopping centers,
warehouses, office buildings and parcels of vacant land. For instance, he recently leased seven acres of
industrial land for open storage to a national company, leased 7,400 SF of retail space to a regional sporting
goods retailer, 3,700 SF to an engineering company working on the new bridge to Palm Beach and 5,750 SF
to an attorney and his title company. He has a number of properties listed for sale and lease including 1,518
acres of a former citrus grove, a 53,400 SF warehouse and a 20,000 SF warehouse sublease.
Kearney has been President of his own firm for the past 23 years. His business from 1989 through 2000 was
primarily property tax consulting throughout the state of Florida. He sold that business in 2001. He annually
represented more than $1 billion of commercial real estate and more than $250 million in commercial tangible
personal property. Prior to moving to Florida in 1989, he spent 16 years in Colorado where he was a
stockbroker with Merrill Lynch, President of an oil and gas exploration company and co-developed several
commercial properties.
Kearney has been a Florida Broker since 1990 and has earned his CCIM designation. He is the immediate
past-President of the Palm Beach Realtors Commercial Alliance and serves on it Board. He has also served
on the Board of Directors of the Realtors Association of the Palm Beaches. He currently serves on that
organization’s Finance, Government Affairs and Building Committees. Kearney was selected by the RCA as
the 2010 Commercial Realtor of the Year and has been recognized by The CoStar Organization as a Power
Broker. He is a member of the Forum Club of the Palm Beaches and is a founding member of the Florida
Association of Property Tax Consultants.
Kearney received a Bachelor’s Degree from Manhattan College in New York City. He served as an Explosive
Ordnance Disposal and Diving Officer in the United States Navy. He is married and has three grown children.

southland forming

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