PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA Control No.: Applicant: Gerald Barbarito Owners: Gerald Barbarito Agent: Anna S. Cottrell & Associates - Anna Cottrell Telephone No.: (561) Project Manager: Autumn Sorrow, Senior Site Planner Location: West side of Prosperity Farms Road, approximately 0.5 mi. south of Donald Ross Road (St. Patrick Catholic Church) TITLE: a Development Order Amendment REQUEST: to add square footage and reconfigure the site plan APPLICATION SUMMARY: Proposed is a Development Order Amendment (DOA) for St. Patrick church. The acre parcel was approved by the Board of County Commissioners on October 23, 1997 pursuant to Resolution to allow a rezoning from the Residential Single-family Zoning District to the Residential Transitional Zoning District and to allow a 19,010 square foot sanctuary, a 6400 sq. ft. parish hall and a 4,000 sq. ft. rectory.the original 10,400 sq. ft. church building which was conditioned to be demolished with the issuance of the Certificate of Occupancy for either the Rectory or the Parish Hall. On August 26, 1999 the BCC approved a Development Order Amendment to allow a modification of engineering and landscape conditions of approval pursuant to Resolution The previous approved rectory and parish hall have not been included in this DOA application. The applicant is requesting to demolish the north church building and transfer all the square footage plus an additional 10,156 sq. ft. to a new 2-story, 20,556 sq. ft. parish hall. The existing 19,010 sq. ft. sanctuary will remain, for a total of 39,566 sq. ft. Since the two buildings will not be used simultaneously, a shared parking study is requested to require no additional parking. A total of 363 existing parking spaces will remain, and access to the site will remain from Prosperity Farms Road. ISSUES SUMMARY: o Project History The church was initially approved on May 25, 1989 pursuant to Resolution R as a Special Exception for a church in the Residential Single-family Zoning District with preservation conditions and a limit of 10,400 square feet. On October 23, 2007, a rezoning to the Residential Transitional Single-family Zoning District and a 15,010 square foot expansion was approved, pursuant to Resolutions and Resolution included Architectural conditions and a seating limitation of 1,136 was added; the size limitation was revised to specify the square footage for each building (sanctuary , parish hall, never built , rectory, never built 4,000). The existing 10,400 s.f. original building was allowed to remain until the parish hall was to be built. Resolution R was a corrective of condition E.3.b for the 1997 approval which specified that ZC September 2, 2010 Page 105

2 permits required by Palm Beach County for construction shall be obtained prior to Certificate of Occupancy and not by the first Building Permit. The latest approval was a Development Order Amendment via Resolution R , approved on August 26, 1999, to modify Engineering conditions E.3 (to remove a left turn lane requirement and replace it with sheriff-directed traffic control) and Landscape Conditions G and H to require 6-foot high landscape berm instead of the previously approved 3-foot height berm. The approved site plan identifies the existing 19,010 square feet Sanctuary (phase 1), and an approved but un-built 4,000 square feet Rectory and a 6,400 Parish Hall (phase 2). The total approved project consists of 29,410 square feet. The proposed DOA would bring the total for the overall project to 39,566 square feet, an increase of 10,146 square feet. The Rectory has been removed from the plan, and no future residential use at the Campus is proposed. The Parish Hall will be enlarged to 20,556 square feet, in order to provide the necessary space for the various activities and services which are provided by the Church, including recreation, administrative offices and meeting rooms. o Consistency with Comprehensive Plan The Planning Division has reviewed the request to add square footage and reconfigure the site plan and has determined that the request is consistent with the site's Low Residential with three units per acre land use designation (LR-3). See Planning Division Comments for additional information. o Compatibility with Surrounding Land Uses NORTH: FLU Designation: City of Palm Beach Gardens Zoning District: City of Palm Beach Gardens Supporting: PUD (Frenchmen's Creek) SOUTH: FLU Designation: Low Residential (LR-3) Zoning District: Single-Family Residential District (RS) Supporting: Single Family (Wood Hill Estates subdivision) EAST: FLU Designation: Medium Residential (MR-5) Zoning District: Single-Family Residential District (RS) Supporting: Single Family (Old Gate subdivision) WEST: FLU Designation: City of Palm Beach Gardens Zoning District: City of Palm Beach Gardens Supporting: PUD (Frenchmen's Creek) The subject site is surrounded by residential uses on all four sides. The use of a Place of Worship is allowed in all zoning districts provided approval by the BCC; the site has received the proper approval for the use. Places of Worship are considered a civic type use and are intended to serve residents in the vicinty of the site, thus the use is compatible with the surrounding area. o Traffic The previously approved traffic from this project was 255 trips per day, 15 trips in the PM peak hour and 329 trips in the weekend peak hour. Total net additional traffic expected from this project is 87 trips per day, 5 trips in the PM peak hour and 113 trips in the weekend peak hour. See Traffic comments for further information. o Landscape/Buffering There will be no change to the existing landscape buffers which were addressed by previous Conditions of approval and Code requirements. Landscaping and buffering along north and south property lines indicate a 30-foot wide buffer abutting the residential developments. To the east ZC September 2, 2010 Page 106

3 property line adjacent to the Prosperity Farms right of way indicates a 30-foot wide right of way buffer. To the west property line indicates a 25-foot wide buffer abutting the residential development. New landscaping will be installed within the modified parking areas, and along the building foundation of the new Parish Hall. The proposed site modifications will not impact the existing perimeter landscape buffers. A recent inventory and analysis of the existing trees identified minor deficiencies in the number and spacing of trees and other vegetation required by Palm Beach County landscape regulations and the specific conditions associated with development orders for this property. The identified landscape deficiencies have been corrected by planting additional shade trees and hedges. Verification of the improvements pursuant to photos is submitted with the application package. The Parish Hall will occupy a portion of a preserve area located west of the Church building. The preserve area is one of two existing on the site. The other preserve is located at the southwest area of the property (identified on the Site Plan as area Area A is not affected by the proposed site plan revisions. The impacted preserve area will be reconfigured; however, the proposed (modified) preserve area will be approximately 10,700 square feet, which is roughly equivalent in size to the existing. In addition to the minor reconfiguration, the preserve area will involve the removal and relocation of a portion of the existing pine trees, and mitigation on site via the planting of new trees. The applicant has met with the staff of the County ERM who confirmed that the proposed preserve area modifications conform to County land development regulations. o Parking Article 6 of the ULDC allows for a reduction in the number of required parking spaces for multiple use developments or for uses that are located near each other and have different peak parking demands and operating hours. The proposed Sanctuary (19,010 square feet/1088 seats) requires 363 parking spaces and the proposed Parish Hall (20,556 square feet) requires 82 parking spaces for a total of 445 parking spaces. The sanctuary and the parish hall activities will not occur simultaneously. The parish hall will have access to the required 82 parking spaces during the weekdays leaving 281 parking spaces for the sanctuary. The sanctuary will have a very limited amount of use during the week. The parish will not be utilized on weekend when the church sanctuary is in use. o Signs According to the site plan and statements made by the applicant there are two existing monument signs at the entrance off Prosperity Farms Road, one on either side of the driveway. As a condition of approval staff is requiring that a Master Sign Plan be submitted and approved prior to Final Development Review Officer Approval. See sign condition number 3. o Architectural Review The elevations dated May 17, 2010 are in compliance with article 5.C of the Unified Land Development Code (ULDC) and consequently approved by the Architectural Review section. This place of worship site has an existing one story sanctuary building and the elevations approved thru this application are for a two-story parish hall building. The proposed new building is characterized by the use of wood color architectural asphalt shingles on hipped roof that matches the existing roof of the sanctuary building. A trim is proposed along the lower portion of the roof while raised stucco bands are placed immediately below the eaves and between the first and second floor. The bands are to be painted grey to create contrast with the white color of the stucco walls. The building also includes stucco medallions particularly located at the top of gabled walls and windows framed by raised stucco bands and raised stucco sills. The east and west elevations finish the central wall with cultured coquina stone to match existing building material. The west façade of this building includes windows finished with equilateral arches on the first floor with multi-paned windows that along with a porte-cochere enhance the building entrance. This building height is twenty-nine feet and two inches (29.16) measured to the midpoint of the roof. The proposed building is generally consistent with the design, materials and colors used in the existing building of the site and surrounding structures. Standard Architectural Condition 6 was added to guarantee design and finish material are consistent between the proposed building and the existing one. o Development Order Amendment Changed Circumstances ZC September 2, 2010 Page 107

4 The applicant states that the proposed project requires some changes to the overall development plan previously approved for Saint Patrick Church, in order to serve the current and future needs of the Parish. The church s plans for the new Parish Hall evolved over time, as the regular activities of the parish became institutionalized. The church is relatively new (2000) and the church related activities have been provided and arranged based on the needs of the parish members as they became apparent such as the expansion of services to a growing parish community and the requirements of the Diocese for activities such as religious instruction, youth services, etc. The geographic area which the parish serves is now approaching build out and the existing and future needs of the church can now be anticipated. The size, layout and location of the new parish hall will accommodate and satisfy all of the future needs of the parish. The design of the parish hall was only recently finished. The two story design was selected instead of the one story shown on the original site plan because it offers more in the way of energy savings; controlled access and security, and efficiency. The proposed amendment also requires much less alteration of the existing site improvements (parking, landscaping, lighting, etc), and allows the retention of existing native vegetation within a reconfigured preserve area which is nearly identical in size and shape to the one shown on the original site plan. Also, the rectory on the site is no longer needed because the church has purchased two residences on Hope Lane which serve the living needs of the parish priests. The change in the site layout to consolidate the approved square footage affords the retention of the considerable green space in the west portion of the property, and moves the approved rectory building itself further away from the adjacent residential community on the north and west sides. Staff has evaluated the applicant s justification and responses for Standards 1-8 of Article 2.B.2.B, and has determined that the need of the requested change balanced the potential impacts generated by the DOA requests. TABULAR DATA EXISTING PROPOSED Property Control Same Number(s) Land Use Low Residential (LR-3) Same Designation: Zoning District: Residential Transitional Same Suburban District (RTS) Tier: Urban/Suburban Same Use: Place of Worship Same (with the addition of 10,146 square feet) Acreage: acres Same Parking: 363 spaces Same Access: Prosperity Farms Road (1) Prosperity Farms Road (1) PUBLIC COMMENT SUMMARY: At the time of publication, staff has received two contacts from the public regarding this project, 1 in support and 1 in opposition. The interested person in opposition to the project stated that their concern was in regards to existing and potential traffic increases. RECOMMENDATION: Staff recommends approval of the request subject to 43 Conditions of Approval as indicated in Exhibit C. MOTION: To recommend approval of a Development Order Amendment to add square footage and reconfigure the site plan subject to the Conditions of approval as indicated in Exhibit C. ZC September 2, 2010 Page 108

5 Figure 1 Future Land Use Map ZC September 2, 2010 Page 109

6 Figure 2 Zoning Quad Map ZC September 2, 2010 Page 110

7 Figure 3 Aerial ZC September 2, 2010 Page 111

8 Figure 4 Preliminary Site Plan May 27, 2010 ZC September 2, 2010 Page 112

9 Figure 5 Preliminary Regulating Plan dated May 27, 2010 ZC September 2, 2010 Page 113

10 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Low Residential 3 units per acre (LR-3) TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS/ INTERGOVERNMENTAL COORDINATION: The subject site is located within one mile of the Town of Juno Beach, the Town of Jupiter and the City of Palm Beach Gardens and within the future annexation area of the City of Palm Beach Gardens. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to add square footage and reconfigure the site plan and has determined that the request is consistent with the site's Low Residential with three units per acre land use designation (LR-3). The request for an additional 10,156 square feet brings the total square footage for the site to 39,566 square feet which is consistent with the maximum FAR for non-residential uses in the LR-3 FLU designation in the U/S Tier. The maximum FAR for an LR-3 FLU designation in the Urban/Suburban Tier is.35 (10.96 acres X 43,560 X.35 =167,096 square feet maximum). The request equates an FAR of approximately (0.08), (39,566 square feet divided by acres X 43,560 =0.08 FAR). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject property is not located within the boundaries of any neighborhood plan. FINDINGS: The request is consistent with the LR-3 Land Use Designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS 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. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for modifications to the access onto Prosperity Farms Road. TRAFFIC IMPACTS Petitioner has estimated the build-out of the project to be December 31, Previously approved traffic from this project was 255 trips per day, 15 trips in the PM peak hour and 329 trips in the weekend peak hour. Total net additional traffic expected from this project is 87 trips per day, 5 trips in the PM peak hour and 113 trips in the weekend peak hour. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards because this project has an insignificant impact on the surrounding roadway network. ADJACENT ROADWAY LEVEL OF SERVICE (PM PEAK) Segment: Prosperity Farms Road from Hood Road to Donald Ross Road Existing count: 890 Background growth: 132 Project Trips: 4 Total Traffic: 1,026 Present laneage: 2L LOS D capacity: 1,460 Projected level of service: C ZC September 2, 2010 Page 114

11 PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site was previously been developed and supports two upland preserve areas. The proposed addition to the site plan will encroach into the preserve centrally located on the property. Area lost in this preserve area will be added to the preserve located on the western side of the property. WELLFIELD PROTECTION ZONE: The property is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: Concurrency has been approved for the addition of 10,156 square feet. The proposed development complies with ULDC Article 2.F., Concurrency (Adequate Public Facility Standards). WATER/SEWER PROVIDER: Seacoast Utility Authority FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Development Order Amendments: When considering a development order application for a conditional or requested use, or a development order amendment, the BCC and ZC shall consider standards 1 9 indicated below. A conditional or requested use or development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. ZC September 2, 2010 Page 115

12 The proposed request is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities, and intensities of use. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The proposed amendment complies with applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with the applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. In addition to the Conditions of Approval, setbacks, parking, signage, and landscape and buffering requirements will be in accordance with the ULDC regulations. 3. Compatibility with Surrounding Uses The proposed use or amendment is compatible and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The subject site was previously approved and was found to be compatible with the surrounding uses. There will be no change to the previously approved buffers which exceed the ULDC requirements and provide sufficient protection to the residential communities to the north, south, and west. As proposed and subject to conditions of approval, the request presents no incompatibilities as defined in the ULDC. Any incompatibility issues beyond ULDC considerations have been addressed by conditions of approval. 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The design of the property will minimize any adverse effects on adjacent lands. The Parish Hall will be located west of the existing Sanctuary, in the approximate center of the 10 acre subject property. Changes to the site are minor and consist of reconfiguration of the parking and vehicle circulation. As confirmed in the included Visual Impact Analysis the new structure will not be visible from the adjacent property. The design of the proposal minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands and through compliance with ULDC regulations and the conditions of approval as contained herein. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. The subject site is presently partially developed and contains areas of native upland vegetation. This Development Order Amendment proposes a reconfiguration of one of the identified preserve areas. The applicant has met with the staff of the Department of Environmental Resources Management, who confirmed the proposed changes meet the requirements of the ULDC. The identified preserve area west of the development project will be reconfigured, but will be substantially equivalent to the existing preserve, in terms of the size, shape and environmental quality. There are no significant environmental issues associated with the application beyond compliance with the ULDC and consistency with the permit conditions by the Florida Game and Freshwater Fish Commission. Staff has determined that the proposed layout of the site 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 The proposed use or amendment will result in a logical, orderly and timely development pattern. The site is surrounded by a mix of Planned Developments on 3 sides, to the north, south and west. Saint Patrick campus is partially built, and the previously approved development orders provide the opportunity for expansion of the existing facilities. The subject DOA request proposes only a 10,566 ZC September 2, 2010 Page 116

13 square feet increase for the Parish Hall and a minor redesign of the site. Staff has determined that the proposed amendment will result a logical, timely and orderly development pattern. 7. Consistency with Neighborhood Plans The proposed development or amendment is consistent with applicable neighborhood plans in accordance with BCC policy. The subject site is not located within the boundaries of a neighborhood Plan. 8. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. Concurrency has been approved for the addition of 10,156 square feet. The proposed development complies with ULDC Article 2.F., Concurrency (Adequate Public Facility Standards). 9. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The applicant states that the proposed project requires some changes to the overall development plan previously approved for Saint Patrick Church, in order to serve the current and future needs of the Parish. The church s plans for the new Parish Hall evolved over time, as the regular activities of the parish became institutionalized. The church is relatively new (2000) and the church related activities have been provided and arranged based on the needs of the parish members as they became apparent such as the expansion of services to a growing parish community and the requirements of the Diocese for activities such as religious instruction, youth services, etc. The geographic area which the parish serves is now approaching build out and the existing and future needs of the church can now be anticipated. The size, layout and location of the new parish hall will accommodate and satisfy all of the future needs of the parish. The design of the parish hall was only recently finished. The two story design was selected instead of the one story shown on the original site plan because it offers more in the way of energy savings; controlled access and security, and efficiency. The proposed amendment also requires much less alteration of the existing site improvements (parking, landscaping, lighting, etc), and allows the retention of existing native vegetation within a reconfigured preserve area which is nearly identical in size and shape to the one shown on the original site plan. Also, the rectory on the site is no longer needed because the church has purchased two residences on Hope Lane which serve the living needs of the parish priests. The change in the site layout to consolidate the approved square footage affords the retention of the considerable green space in the west portion of the property, and moves the approved rectory building itself further away from the adjacent residential community on the north and west sides. ZC September 2, 2010 Page 117

14 CONDITIONS OF APPROVAL EXHIBIT C Development Order Amendment ALL PETITIONS 1. Previous Condition A.2. of Resolution R (Control No 89-41) which currently states: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated June 9, 1999 and landscaping plan is dated July 27, 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. (ONGOING: ZONING) Is hereby amended to read: The approved preliminary site plan is dated May 27, All modifications to the development order must be approved by the Board of County Commissioners, unless the proposed changes are required to meet conditions of approval. (DRO: ZONING - Zoning) 2. Previous Condition A.1. of Resolution R (Control No 89-41) which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Petition (A), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING - Zoning) Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control No 89-41) have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the Unified Land Development Code (ULDC) and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) ARCHITECTURAL REVIEW 1. Previous condition Architectural Control 1 of Resolution R , Control which currently states: All buildings and structures shall be designed and constructed to be compatible with the general architectural character of surrounding residential areas. Compatibility shall mean utilizing similar elements such as materials, architectural details, or roof design. (BLDG PERMIT: BLDG - Zoning) Is hereby deleted [REASON: Code Requirement] 2. Previous condition Architectural Control 2 of Resolution R , Control which currently states: The architectural design of all new buildings shall create an overall unified image, utilizing, but not limited to, three (3) or more of the following common elements such as consistent forms, colors, materials, architectural details and landscape materials. (BLDG PERMIT: BLDG - Zoning) Is hereby deleted [REASON: Code Requirement] 3. Previous condition Architectural Control 3 of Resolution R , Control which currently states: Similar architectural character and treatment shall be provided on all sides of the building. (BLDG PERMIT: BLDG - Zoning) ZC September 2, 2010 Page 118

15 Is hereby deleted. [REASON: Code Requirement] 4. Previous condition Architectural Control 4 of Resolution R , Control which currently states: Exterior storage areas shall be screened from view and integrated into the building design to make it compatible with the building architecture. (BLDG PERMIT: MONITORING - Bldg) Is hereby amended to read: Exterior storage areas shall be screened from view by landscaping, fences, walls, or buildings. (BLDG PERMIT: BLDG - Zoning) 5. Previous condition Architectural Control 5 of Resolution R , Control which currently states: All air conditioning and mechanical equipment shall be screened from view on all sides by a visually opaque barrier consistent with the color, character and architectural style of the principle structure or equivalent landscape material. (CO: BLDG - Zoning) Is hereby deleted [REASON: Code Requirement] 6. At time of submittal for final Development Review Officer (DRO) approval, the architectural elevations for the Parish Hall including canopy shall be submitted simultaneously with the site plan 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 approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) ENGINEERING 1. Within 90 days of approval of this project, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Prosperity Farms Road, 70 feet from centerline free of all encumbrances and encroachments. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include Safe Sight Corners where appropriate at intersections as determined by the County Engineer. (ONGOING: ENGINEERING - Eng)(Previous Condition E.2 of Resolution R , Control No ) [Note: COMPLETED] 2. A Police Officer or Sheriff Personnel shall be stationed at the project's entrance onto Prosperity Farms Road to serve as a traffic controller for all weekend services, Christmas services, Easter Services, and all other special events such as weddings and funerals, regardless of the day or time. (ONGOING: CODE ENF - Eng) (Previous Condition E.3 of Resolution R , Control No ) 3. The petitioner 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 $5, (202 trips X $26.79 per trip). (ONGOING: ENGINEERING-Eng) (Previous Condition E.5 of Resolution R , Control No ) [Note: COMPLETED] 4. The property owner shall pay a Fair Share Fee in the amount and manner required by the Fair Share Contribution for Road Improvements Ordinance as it presently exists or as it may from time to time be amended. The Fair Share Fee for this petition, 89-41(A), to be paid at the time of issuance of the Building Permit presently is $4, (80 additional trips X $55.00 per trip) (ONGOING: ACCOUNTING - Fair Share Fee Coordinator). (Previous Condition E.6 of Resolution R , Control No ) [Note: COMPLETED] ZC September 2, 2010 Page 119

16 5. In addition the Developer shall contribute the amount of $ as established in Article V Section 3 (Insignificant Project Standard) of the Traffic Performance Standards Code. These total funds of $ shall be paid prior to the issuance of the first Building Permit. (ONGOING: ACCOUNTING-Fair Share Fee Coordinator). (Previous Condition E.7 of Resolution R , Control No ) [Note: COMPLETED] 6. If the Fair Share Contribution for Road Improvements Ordinance is amended to increase the Fair Share Fee, this additional amount of $ shall be credited toward the increased Fair Share Fee. (ONGOING: ACCOUNTING - Fair Share Fee Coordinator). (Previous Condition E.8 of Resolution R , Control No ) 7. Based on required shared parking, the parish hall and the sanctuary shall not have separate functions occurring simultaneously. (ONGOING: ENGINEERING-Eng) 8. The property owner shall remove the portion of the existing entrance median within Prosperity Farms Road. a. The property owner shall submit an application to the Land Development Division to remove the median within the County right of way, prior to issuance of the first building permit for the 20,556SF Parish Hall. (BLDG PERMIT: MONITORING - Eng) b. The application to Land Development Division shall be permitted, the work completed and inspected prior to issuance of the first Certificate of Occupancy for the 20,556SF Parish Hall. (CO: MONITORING - Eng) ENVIRONMENTAL 1. The Developer shall preserve all existing native vegetation on site and shall incorporate the vegetation into the project design. Clearing shall be limited to the developable areas, retention areas, driveways and other vehicular use areas. The areas for preservation shall receive appropriate protection from damage and disturbance in accordance with Sections 7.3 and 9.5 of the Unified Land Development Code (ULDC) during the site development and construction phase. Landscaping shall be installed as shown on the Landscape Plan on file, as approved by the Development Review Committee (DRC). Vegetation within the parking lot area shall consist of Quecus virginiana (live oak) or other native tree species. (Previous Condition F.1 of Resolution , Control No (C) (DRO: ERM/ZONING - Landscape) [NOTE: COMPLETED] 2. Documentation of the approval from the Florida Game and Freshwater Fish Commission with regard to the Gopher Tortoise issue shall be received by ERM prior to the issuance of the primary Vegetation Permit for the site. (Previous Condition F.2 of Resolution R , Control No (C)) (VEGETATION PERMIT: ERM) [NOTE: COMPLETED] 3. Prior to final site plan certification by the Development Review Committee (DRC), a tree survey meeting the standards of Sections 3.2 and 7.3 of the ULDC shall be required for the affected area. The affected area shall consist of all areas west of the existing 10,400 square foot church, 620 feet west of the east property line.(previous Condition F.3 of Resolution R , Petition (C)) (DRC: ERM/ZONING - Landscape) [NOTE : COMPLETED] 4. Area lost in the central preserve area shall be added to the preserve on the western side of the property and depicted on the site plan prior to DRO site plan approval. (DRO:ERM-erm) HEALTH 1. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (Previous condition D.1. of Resolution R ; Control (A) (ONGOING:HEALTH-Health) LANDSCAPE - GENERAL 1. All canopy trees required to be planted on site by this approval shall meet the following minimum standards at installation: a. Tree height: fourteen (14) feet. ZC September 2, 2010 Page 120

17 b. Trunk diameter: 3.5 inches measured 4.5 feet above grade. c. Canopy diameter: seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length. d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (BLDG PERMIT: LANDSCAPE - Zoning)(Previous Condition G.1 of Resolution R , Control No 89-41) 2. All palms required to be planted on site by this approval, except on individual residential lots, shall meet the following minimum standards at installation: a. Palm heights: twelve (12) feet clear trunk; b. Clusters: staggered heights twelve (12) to eighteen (18) feet; and c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Condition G.2 of Resolution R , Control No 89-41) 3. A group of three or more palm or pine trees may not supersede the requirement for a perimeter canopy tree in that location. (BLDG. PERMIT: LANDSCAPE - Zoning) (Previous Condition G.3 of Resolution R , Control No 89-41) LANDSCAPE - PERIMETER-ALONG NORTH, SOUTH AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL) 4. Landscaping and buffering along the affected areas (620' from east property line for a distance of 636 feet to west property line) of the north property line and along the entire west property line shall be upgraded to include: a. A minimum twenty-five (25) foot wide landscape buffer strip; b. A minimum six (6) foot high berm (existing) and hedge combination provide an opaque barrier at time of installation and to be maintained at a minimum height of six (6) feet. The six (6) foot height shall be measured from the top of the curb of the parking lot. Only the portion of the existing berm located within the subject property may be credited toward the overall six (6) height requirement. The minimum spacing of the shrub and hedge material shall be pursuant to provisions of the ULDC; c. Additional understory plantings shall be installed at a minimum height of eight (8) feet along the north property line consistent with the landscape plan dated July 27, 1999 and to be field adjusted for maximum screening; d. Staggered and alternating double rows of canopy trees. One (1) canopy tree shall be planted every twenty (20) feet on center for each row; and, e. Thirty (30) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36) inches. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Condition H.1 of Resolution R , Control No 89-41) 5. Landscaping and buffering along the affected areas (620' from east property line for a distance of 636 feet to west property line) of the south property line shall be upgraded to include: a. A minimum twenty-five (25) foot wide landscape buffer strip; b. A minimum six (6) foot high native hedge and understory combination providing an opaque barrier at time of installation and maintained at a minimum height of six (6) feet. The six (6) foot height shall be measured from the top of the curb of the parking lot. The minimum spacing of the shrub and hedge material shall be pursuant to provisions of the ULDC; c. Additional understory plantings and/or relocation of existing vegetation shall be installed consistent with the landscape plan and photo exhibits of lots #4-10 dated July 27, 1999 and to be field adjusted for maximum screening; d. Staggered and alternating double rows of canopy trees. One (1) canopy tree shall be planted every twenty (20) feet on center for each row; and, e. Thirty (30) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36) inches. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Condition H.2 of Resolution R , Control No 89-41) ZC September 2, 2010 Page 121

18 LANDSCAPE - PERIMETER-ALONG EAST PROPERTY LINE (ABUTTING PROSPERITY FARMS ROAD) 6. Landscaping and buffering along the east property line shall be upgraded to include supplementation of the existing landscaping with the following: a. A minimum twenty-five (25) foot wide landscape buffer strip; b. One (1) canopy tree planted every thirty (30) feet on center; c. One (1) palm or pine tree for each thirty (30) linear feet of frontage with a maximum spacing of sixty (60) feet on center; and, d. Thirty (30) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36) inches. (BLDG PERMIT: LANDSCAPE - Zoning) (Previous Condition I.1 of Resolution R , Control No 89-41) LIGHTING 1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. (CO/ONGOING: BLDG/CODE ENF - Zoning) (Previous Condition J.1 of Resolution R , Control No 89-41) 2. All outdoor lighting fixtures shall not exceed twenty (20) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning) (Previous Condition J.2 of Resolution R , Control No 89-41) 3. All outdoor lighting shall be extinguished no later than 9:00 p.m., excluding the lighting at holiday services and security lighting only. (ONGOING: CODE ENF) (Previous Condition J.3 of Resolution R , Control No 89-41) 4. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF - Zoning) (Previous Condition J.4 of Resolution R , Control No 89-41) SIGNS 1. All signage, including directional, entrance wall and wall mounted signs, shall be limited to the existing permitted signs as approved by the previous building permits. Future signage or replacement of the existing sign shall be restricted to the following: a. Maximum sign height, measured from finished grade to highest point - not to exceed height as indicated on the approved building permit; b. Maximum sign face area per side - not to exceed area as indicated on the approved building permit of the freestanding signs (median and entrance wall signs); c. Maximum number of signs - two (2) entrance wall signs, one (1) monument median sign along Prosperity Farms Road frontage; d. Style - monument style only; and, e. Maximum wall signs on buildings shall be limited to one (1), 100 square foot sign per building. (BLDG PERMIT: BLDG - Zoning) (Previously Condition K.1 of Resolution R , Control No 89-41) 2. No off-premise signs or relocated billboards shall be permitted on the site. (ONGOING/DRC: CODE ENF/ZONING) (Previous Condition K.2 of Resolution R , Control No 89-41) 3. Prior to final site plan approval by the Development Review Officer the applicant shall submit a Master Sign Plan for approval by the Development Review Officer for all existing signs on the site. (DRO:ZONING-Zoning) SITE DESIGN 1. The site shall be limited to the use of a total of 1,136 seats at any one time for all scheduled events. (ONGOING: CODE ENF -Zoning) (Previous Condition C.1 of Resolution R , Control No 89-41) ZC September 2, 2010 Page 122

19 2. The minimum setback for all structures, except for the Sanctuary, adjacent to the south property line shall be sixty-seven (67) feet. The minimum setback for the Sanctuary shall be one hundred (100) feet from the north and south property lines. (DRO: ZONING - Bldg) (Previous Condition C.2 of Resolution R , Ctrol No 89-41) 3. The maximum height for all structures, except the Sanctuary, measured from finished grade to highest point, shall not exceed twenty-five (25) feet. The maximum height for the Sanctuary, measured from finished grade to highest point, shall not exceed fifty (50) foot in height from finished grade. (Previously Condition C.3 of Resolution R , Petition (A)) (BLDG PERMIT: BLDG - Zoning) 4. All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall be indicated on the site plan and shall not be located within one hundred (100) feet of the south property line. (DRC / ONGOING: ZONING / CODE ENF) (Previous Condition C.4 of Resolution R , Control No 89-41) 5. A maximum of one (1) satellite dish antenna shall be allowed if completely screened from view of all right-of-ways and adjacent residential zoning districts by an opaque wall or fence with similar architectural treatment as the church or equivalent landscaping materials. The satellite dish shall not be roof mounted. (BLDG PERMIT: BLDG - Zoning) (Previous Condition C.5 of Resolution R , Control No 89-41) 6. Previous Condition C.6 of Resolution R , Control No 89-41, which currently states: Prior to the issuance of a Certificate of Occupancy for the proposed Parish Hall or Rectory, the existing 10,400 square foot church building shall be removed. (CO: BLDG - Zoning) Is hereby deleted. [Reason: Superceded by this application) 7. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended indicate the relocation of landscaping islands within the grassed parking as indicated on the site plan dated August 29, The relocation of the islands shall be coordinated with the tree survey to ensure maximum preservation of existing native vegetation. (DRO: ZONING - Landscape) 8. The designated grassed parking spaces located on the western half of the site the shall be limited to grassed parking only. Proposed grade changes shall be minimal to incorporate existing native vegetation. (DRO: ERM - LANDSCAPE) (Previous Condition C.8 of Resolution R , Control No 89-41) 9. Prior to final site plan approval by the Development Review Committee (DRC), the site plan shall be amended to indicate the required number of parking spaces in accordance with the ULDC. (DRO: ZONING /ENG)(Previous Condition C.9 of Resolution R , Control No 89-41) USE LIMITATIONS 1. Previous Condition L.1 of Resolution R , Control No 89-41, which stated: Use of the site shall be limited to the following: a. A 19,010 square foot Sanctuary. A maximum of five (5) percent or 1,000 square feet, whichever is less, may be relocated from the other buildings on the site; b. A 6,400 square foot Parish Hall; and, c. A 4,000 square foot Rectory. (DRC: ZONING) is hereby amended to read: Use of the site shall be limited to the following: ZC September 2, 2010 Page 123

20 a. A 19,010 square foot Sanctuary b. A 20,556 square foot Parish Hall (ONGOING: CODE ENF Zoning) 2. All services shall be held within the church and the hours of operation shall be limited to 7:00 a.m. - 9:00 p.m., excluding holiday services. (ONGOING: CODE ENF - Zoning) (Previous Condition L.2 of Resolution R , Control No 89-41) 3. Accessory outdoor uses such as temporary sales events, (i.e. Christmas tree and pumpkin sales, rummage sales, bake sales, etc.), shall be limited to a maximum of three (3) events per year and shall be setback a minimum of 100 feet from all perimeter property lines. No temporary amusements or special events, (i.e. carnivals, circuses, auctions, or tent revivals, etc.) are permitted on the site. (ONGOING/SPECIAL PERMIT: CODE ENF - Zoning/ZONING) (Previous Condition L.3 of Resolution R , Control No 89-41) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) ZC September 2, 2010 Page 124