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CORRESPONDENCE C( The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org February 10, 2004 Mr. David B. Dickenson Dickenson, Murphy, Rex and Sloan Compson Financial Center 980 North Federal Highway, Suite 410 Boca Raton, FL 33432 Subject: Grove Plaza buffer maintenance Dear Mr. Dickenson: Thank you for the courtesy update you provided me dated February 3, 2003 (intended to be "2004"), on the above-referenced subdivision master plan. In pursuing the matter involving adjacent property owners and a portion of the buffer tract, please be aware that a reduction in land area of this subdivision master plan may require an amendment to the plan, and that minimum setbacks may become non-conforming which would preclude such extraction of land. Please keep these possible issues in mind when considering solutions to the buffer matter, and contact me if you have any questions. Sincerely, Z~ Michael W. Rumpf Director of Planning and Zoning MWR:pat S:\Planning\SHARED\WP\PROJECTS\grove plaza\Dickenson - Grove Plaza 2-10-04.rtf 12i 19/ 0,3 09: 55 FAX 15613911933 DM~S .; ~t "I~ i , / ,- \, c. t.' l ,. l,',W OFFICES DICKENSON, MURPHY, RID' ANl) SLOA~ A. PARTNERSI. IP OF ""ROFF:SSIONJlJ. C 'RPOF~A.TION:i ')I::K ~NSON. REX & SL.OAN. P.,o\., IU AI. PF:OPERTY LAW ~E TA 'E PLANNING AND ADMINISTRATION 31 CI.RI nES ARBITRATION AND LITIGATION IN "'E:iT"RS RIGHTS T,"'. "HIRPHY, JR., P.A, =l lR' 'OltATIE LAW ::' ""l LITIGATION SUiT: ""0 C: "'PSO~ f I ;ANC ',L : I, '1. 3e:>f;ClITH F'f CEF '.L HI 'H . I~ } ,0 :.A F ..TON. FL: ;IDA :I:C l:l o WID 8. DICKENSON I T. N. MllRPtlY, oJ", R )B ~RT H. REX 2 EI \R 3ARA A. SLOAN 3 R JSSEL.L C. SILVERGLATE T ,Lll' 'ONE (:'61 :191.'9):, P",II );:ACH'SEI 721-:!7;;- IAC51t1l.E (!:'oSl 19'. 3: ! I CERlIFIEO IN REAL ESTATE BY rH;: )"LORIOA BAR BOARD 0.. CERTIFICATION e MI:MtaER FLORIDA AND TEXAS ElARS ~ ~ tNElER FLORIDA Alii 0 NORTH CAROLINA BARS E -MdI 1did<ar SOl" I Jml!3lE ,~( ) " I )bl8lltl :Jnn : W,CCf 13loanG:lnH :w,con 1/ urph(f lcrr Ir I.woo 'I I'E l'elgll:4eiJCl ,;l(r~.:: 1m Decembe 19, ::003 59 VIA FA) 561-742-S~1 l\ iike Rumpf Planning and Zoning City of Boynton Beach 100 Boynton Beach Blvd. Boynton Beach, Florida 33425 RE: GROVE PLAZA REPL \T Dear Mike: You will recall that we had a conver,;:ation a couple of mc mths ag/) rega ~( ir g :/nedi ,;ti: II of certain items on this property so that the CH wash on Ilar;;el E :OL1ld get 11 eJ:l :orar:; C ~rtifj 'a f of Occupancy. At that time, we mad ~ improvements incl.lding ffiJwing. :'e')I~.( ing tl e: :: lIes, repairing lighting, etc. The tempora::y Certificate of Dec\. pancy was gr;u t( d, I :ld W ~ L~ !Urn~d that any issues the City might have were re mlv{:c.. 3owever, since that time, as a result ofa c,osing schedubd for Pared F, the '::y Cb;J~ issul:d :' :etter saying that the violations were still active. We wer: able te, correc t lat, The Ct, Ch d ssued a Clear Lien Search Certificate on Cecenber 16,FJwever, \1\'(: h1' e bH [l advis( I by c:u ::ngineers that the City forester has i!'1plied to the owner ,)fParcel E that h:s ) ~rmarert :er1fi::,1 of Occupancy may not be granted m til sonething is don: on tIe SOl1tb ~ id :: I) 'the Ha I surrounding this property, This sillEd comnercial devel( ;>ment abt:t5 a r ~s id~: Itial neig Ibor'!o : :1 There is natural vegetation in a thre.::-foot ;rrea south of lIe wEll, arid a C)l p)e )fth:! r I ighb:>T; have built sheds against the wall. My clients, and specifically their represenntive:. Bob fa}: wan:s .~o cocp ~fltll ,ilith 111e ::ity:o providewhatevertheCitywantswi':rnnrelSon How~Vl'r, we are'lf~ry (O:lc~:led 1:1a: :Iur property owner receive a Certificate ofOc:cupancy. We have sh,)~'I1 that 'V{ Ire willi 1 ! tolc whatever is required and are curren I. y eve:l replacing tw:) mOle tree;. 12/11/n 09: 55 FAX 15613911933 Dt'RS Iii I" "'Iilf.: do not know how the City wishes '.IS to rroceed. We He ev.~n w1.in~ tc D( ,~d th;r~ t lree fe :: t,) ,:>ur neighbors if they want it, but w;~ are prevented by curent conl1: tic ,[ s ' iH ' pair till ! thf~ \~ ;'. cr planting ficus vines so that they can be irri.gate:l, or whs':ever th~ fare:it ~r fee; is app :,pri.tE Bcttom line, we would like to do whatever fIe City feels i:: appror-riate, b'lt we ife pre I ~nte:1 I f~cm doing so without some guidance. Also. we woulclli.:e some asmnlLc'~ 11Ft ow' C\ iller is I.ot to be penalized while we try and ~'iOfk tl:is out. YO']f 'LSsist:mee inll)(,k n~~ into hi:, ,VOt; :i : ,; '-ery much appreciated, 'I ery truly yours, HY, REX and :;LOA.N, Attorneys DBD/sjc cc: Mike Amb:ose, Carnahan & Proct or Bob Fay LAW OFFICES DICKENSON, MURPHY, REX AND SLOAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS DICKENSON. REX & SLOAN, P,A. REAL PROPERTY LAW ESTATE PLANNING AND ADMINISTRATION SECURITIES ARBITRATION AND LITIGATION INVESTORS RIGHTS T.N. MURPHY, .JR., P.A. CORPORATE LAW CIVIL LITIGATION SUITE 410 COMPSON FINANCIAL CENTER 980 NORTH FEDERAL HIGHWAY BOCA RATON. FLORIDA 33432 DAVID B. DICKENSON I T.N. MURPHY, .JR. ROBERT H. REX 2 BARBARA A. SLOAN 3 RUSSELL C. SILVERGLATE TELEPHONE (561l 391 - 1900 PALM BEACH (561) 721-2797 FACSIMILE (561l 391 - 1933 I CERTIFIED IN REAL ESTATE BY THE FLORIDA BAR BOARD OF CERTIFICATION 2 MEMBER FLORIDA AND TEXAS BARS 3 MEMBER FLORIDA AND NORTH CAROLINA BARS E-Mail: ddickenson@dmrslaw.com bobrex@dmrslaw,com bsloan@dmrslaw,com bnurphy@dmrslaw.com rsilwrglate@dmrslaw.com February 3, 2003 VIA FAX 561-742-6259 Mike Rumpf Planning and Zoning City of Boynton Beach 100 Boynton Beach Blvd. Boynton Beach, Florida 33425 RE: GROVE PLAZA REPLAT Dear Mike: Somehow, perhaps along the lines of my letter to you of December 19th, apparently the appropriate parties worked out the issues that might have affected the issuance of the Certificate of Occupancy for Parcel E, So there are no liens and the e.O. is issued. Thank you very much, We would still like to address the long-term issue of the maintenance of the property along the South side of the South wall, however. This letter is more in the nature of just letting you know what we propose to do. We will write the neighbors and offer them the ownership of the property in return for it's maintenance. As soon as we have a response, we will double check With your office, or the appropriate person at the City, for approval and advice on how to handle issues that need correction such as the structures abutting the walL DIC HY, REX and SLOAN, Attorneys DBD/sjc cc: Bob Fay r:-, , :,: i'i';: r~ n '\7 ;~ rJ t - ,~_.L:~'~!r:1 II Ii,' rr0 - ft ""04 Ill' r [," \, t L....) j ! ..' ~'1'::>. l nty Commissioners us, Chair s, Vice Chair rts uist .~ r/'f j C~ County Administrator Robert Weisman Department of Plannin~ Zoning & Buildinl .' June 30, 1992 ./"- / / / Kieran J. Kilday Kilday and Associates 1551 Forum Place #100A West Palm Beach, Florida 33401 RE: PETITION NO. 92-21 - REZONING AND SPECIAL EXCEPTION MAR/JAME LIMITED Dear Mr. Kilday: At the Public Hearing on June 29, 1992, the Board of County Commissioners of Palm Beach County, Florida, officially aP9roved your petition as advertised, subject to the attached llst of tentative conditions. Please notlfy your Project Manager, in writing, within five (5) days if you believe there are any errors. The next two deadlines for site plan certification are July 17, 1992, and July 31, 1992, for the August 17, 1992, and August 31, 1992, meetings, respectively. site plan certification meetings commence at 9: 00 a.m. in the Conference Room at 3400 Belvedere Road, West Palm Beach, Florida. The following documents must be submitted to this office before 12:00 noon on the deadline specified, for your plan to be considered at the next meeting: 1. Revised master/site plan upon which an exact coPy of the Board approved conditions is shown. Slte ~lan certification application is required with all petitlons approved by the Board of County Commissioners. 2. Unity of Title/Control, Cross Access Agreement, or any other legal document in need of review for legal sufficiency. 3. Board of Adjustment variance relief, if required. 4. A Certificate of Concurrency or a certificate of Exemption. Should you have any questions or need additional assistance, please contact your Project Manager at 233-5233. Very truly yours, . ~ Htr;cCL,~ '>>to ~ ~ Roxanne M. Manning, Zoning Director RMM/bjw Attachment cc: Petition File, Project Manager, Ann Waters, K. C. Collette, R. Wheelihan, J. Choban, S. Hardy-Miller, D. Beasley, J. Dumas, J. MacGillis, L. Monroe, Minutes Department, J. Crawford, Barbara Bobsein "An Equal Opportunity - Affirmative Action Employer" ,0";. ~:7 ~..,!!,,"!~eO Do': ;'L{''yr:~''fj L),i{JOr 3400 Belvedere Road West Palm Beach, Florida 33406 (407) 233-5000 I PETITION 92-21 OF THE PETITION IS SUBJECT TO THE FOLLOWING CONDITIONS: ... ANNEXATION - 1. The property owner shall voluntarily annex into the City of Boynton Beach at such time the subject property becomes contiguous to the same or is the subject of an annexation proposal by the same. (PLANNING) B. BUILDING AND SITE DESIGN - or:- 1. 2. v? 3 . JJ(A 4. C~ 5. ~(A The minimum setback for all structures adjacent to the south property line shall be 75 feet. (ZONING/BUILDING) The maximum height, from grade to roof line, for all structures shall be limited to one story, not to exceed 20 feet in height. (BUILDING) - - Architectural character and treatment which is compatible and harmonious with abutting development shall be provided on all sides of the building. (BUILDING) ~ - All air conditioning and mechanical equipment shall be roof mounted and screened from view on all sides in a manner consistent with the color and character of the principle structure. (BUILDING) Prior to site plan certification, petitioner shall submit architectural control guidelines to require a uniform architectural style for the entire subject property. At a minimum, these documents shall include elevations that indicate a clearly defined architectural theme and exterior and roof ing material specif ications. (ZONING/Building) - 1 C. CONCURRENCY 1. ~J' 1'1 () jJ-. f,~{' The certificate of Concurrency Reservation, Case Number 92-03-25-001-C, must be revised prior to application to the site Plan Review Committee/Development Review Commi ttee to reflect the change in use from a 3,000 square foot fast-food restaurant to a 3,000 square foot sit-down restaurant. (PLANNING) D. DUMPSTER 1. DV:- All areas or receptacles for the storage and disposal of trash, garbage or vegetation, such as dumpsters and trash compactors, shall not be located within 50 feet of the property line; shall be confined to areas designated on the site plan and shall be screened by a solid opaque enclosure. The open end of the enclosure shall have an obscuring, opaque gate. All exterior sides of such enclosures, except the open end, shall be landscaped with twenty-four (24) inch high shrub and hedge material planted twenty-four (24) inches on center at installation. Alternative landscaping may be permitted which is acceptable to the zoning Division. This provision shall not apply to litter containers provided for the convenience of pedestrians. (BUILDING/ZONING) BCC CONDITIONS June 29, 1992 Page 1 6~ u,f: A w,j ENGINEERING 1. The 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 onsite 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 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. (COUNTY ENGINEER) 2. Prior to February 1, 1993 or prior to the issuance of the first Building Permit whichever shall first occur, the property owner shall convey to Palm Beach County Roadway Production Division by road right-of-way warranty deed for 60.5 feet from centerline for Lawrence Road free of all encumbrances and encroachments. Developer 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 II where appropriate at intersections as determined by the County Engineer. (MONITORING/BUILDING-Engineering) 3. The Property owner shall construct a left turn lane, east approach on Hypoluxo Road at the project's east entrance. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. Construction shall be completed prior to the issuance of the first certificate of Occupancy. (BUILDING-Engineering) 4. JiThe property owner shall pay a Fair Share Fee in the /)" ,.\/0 amount and manner required by the IIFair Share ) c\ I~^} contribution for Road Improvements Ordinance" as it 1 '.' \-,;Y('~/'>~'.'. presently exist:;> or as it may f~om t~me to time. be , :' ,':(' tr ,amended. The Falr Share Fee for thls pr9J eqt aJ::...the tlme i >.:':,.f." ,'i::<~\" of the Building Permit presently is $14'6,135 '( 2,657 trips \ · X $55.00 per trip). (IMPACT FEE COORDINATOR). ) I 1 j 5. Property owner shall contribute the sum of Twenty Thousand Dollars ($20,000.) for signalization at the project's entrance and Hypoluxo Road to the Palm Beach County Traffic Division. These funds shall be paid prior to the issuance of a building permit. (BUILDING) 6. Prior to site plan certification, the property owner shall record a Unity of Title on the subject property subject to approval by the County Attorney. This Unity of Title may be broken with the approval of the Executive Director of Planning, Zoning and Building. (COUNTY ATTORNEY-Engineering) BCC CONDITIONS June 29, 1992 Page 2 , HEALTH 1. / 2. / Generation and disposal of hazardous effluents into sani tary 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 proj ect tenants or owners generating such effluents. (HEALTH) Water service and sewer service are available to the property. Therefore, no potable well and/or on site sewage disposal system shall be permitted on the site. (HEALTH - Building) G. IRRIGATION QUALITY WATER 1. / When irrigation quality water is available within 500 feet of the property, the petitioner shall connect to the system subject to permitting and/or requirements of the Florida Department of Environmental Regulations and/or the South Florida Water Management District. The cost for connection shall be borne by the property owner. (UTILITIES,) H. LANDSCAPING - GENERAL 1. Prior to site plan certification, the petitioner shall revise the landscape tabular data on the site plan to reflect conformance to minimum Landscape Code requirements and all landscape/vegetation preservation conditions of approval. (Zoning) 2. All the a. ~ b. V c. .~ D required trees in landscape buffer strips shall meet following minimum standards: Tree height: fourteen (14) feet. Trunk diameter: 3.5 inches measured 4.5 feet above grade. 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. (zoning) 3 . Landscape divider medians shall be provided at entrances to the project. The minimum width shall be (6) feet. One native canopy tree shall be planted every twenty (20) linear feet of divider median. all six for I. LANDSCAPE WITHIN THE MEDIAN #,1 \LJ 1. Prior to site plan certification, the petitioner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape all adjacent median(s) of all abutting rights-of-way. When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall consist of a minimum of one (1) fourteen (14) foot tall native tree for each thirty (30) linear feet of the adjacent median to be planted and appropriate ground cover. Trees may be planted singly or in clusters. All landscaping and maintenance shall be subject to the standards as set forth by the Palm Beach County Engineering and Public Works Department. All landscape material shall be selected for the following list: BCC CONDITIONS June 29, 1992 Page 3 Trees: Groundcover: .., Laurel Oak Live Oak Slash pine Sabal Palmetto wedilia Bahia Grass Alternative species may be allowed subject to approval by the County Engineer. All plant material shall be installed and selected according to xeriscape principles and shall conform with the following: a) All plants shall be container grown or field collected and transplanted from the project site. b) All plantings shall be done in accordance with detailed planting plans and specifications to be submitted and approved by the County Engineer concurrent with site Plan certification. All required median landscaping, including watering, shall be the perpetual maintenance obligation of the petitioner and its successors, legal heirs or assignees, or duly established Property Owner's Association and/or Homeowner's Association, and shall be installed on or before issuance of the first certificate of Occupancy or filing of the first plat, whichever occurs first. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to receiving the first building permit or filing of the first plat, whichever occurs first, to reflect this obligation. Maintenance shall be in accordance with the issued permits. (ENGINEERING/BUILDING) J. LANDSCAPING - INTERIOR 1. One landscape island shall be provided for every ten (10) parking spaces. The maximum spacing between landscape islands shall not exceed one hundred linear feet. (Zoning) &- 2. Landscaped divider medians shall be provided between all abutting rows of parking spaces. The minimum width of this median shall be ten (10) feet. One native canopy tree or native palm tree and appropriate ground cover shall be planted for each thirty (30) linear feet of the divider median, with a maximum tree spacing of sixty (60) feet on center. (Zoning) ~ K. LANDSCAPING ALONG THE NORTH AND WEST PROPERTY LINES (ABUTTING RIGHTS-OF-WAY) 1. Landscaping within the required buffer along north and west shall be upgraded to include: a. ~/ b. 0 \ c. One (20) (1) native canopy tree planted every twenty feet on center. Three (3) native palm trees for each thirty (30) linear feet of frontage. Thirty (30) inch high shrub or spaced twenty-four (24) inches installation. (Zoning) hedge material on center at BCC CeNIITIONS June 29, 1992 Page 4 I LANDSCAPING ALONG SOUTH PROPERTY LINE (ABUTTING RESIDENTIAL) 1. Landscaping and buffering along the south property line shall be upgraded to include: a. A minimum fifteen (15) foot wide landscape buffer strip. b. ~ ,{fA I ,)J ~{~ .-VI rtYtJ' ('; I ti '-er~ v- J i · -r i~~7~/5 . ~ti~ L€ {J'" ~)p 2. An eight (8) foot high opaque concrete wall. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. The existing chainlink fence shall remain until such time the required wall is constructed. In the event the wall is constructed in phases, the chainlink fence shall be removed only where the wall is constructed. (Zoning) The following landscaping requirements shall be installed on the exterior side of the required wall: a. 1/ X. I t~ (" -p>. t;'F u'\ , l . \':1 QI J...A)(9/ ~ (XlJ& '.// , tl ~/ V7~ ~)/~ c. ~./ ...~A (7 v~o/ One (20) (1) native canopy tree planted every twenty feet on center. One native palm tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palm trees may supersede the requirement for a native canopy tree in that location. (30) inch high shrub or hedge material no more than twenty four (24) inches on at installation, to be maintained at a height of forty-eight (48) inches. Thirty spaced center minimum (Zoning) 3. Along the interior side of the required wall, the property owner shall install twenty-four (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center, to be maintained at a minimum height of thirty-six (36) inches. (Zoning) All outdoor lighting used to illuminate the premises and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. (Code Enforcement) M. LIGHTING 1. / ~,v \.. ~" 2. ,(1 All lighting fixtures shall not exceed fifteen (15) feet in height. (Building) ~3~ ~ All outdoor lighting shall be extinguished no later than ~niq {-~f 11:30 p.m. security lighting only is excluded from this f . rPt.",.(',tIY!J requirement. (Code Enforcement) cJ!t( ;- PARKING h? 1. Overnight storage or parking of delivery vehicles er .,. trucks shall not be permitted on site, except within loading and delivery areas designated on the site plan. (Building/Code Enforcement) BCC CONDITIONS June 29, 1992 Page 5 RECYCLE SOLID WASTE 1. All property owners and lessee's shall participate in a recycling program when available in the area. Material to be recycled shall include, but not be limited to, paper, plastic, metal and glass products. (Solid Waste Authority) P. SCHOOL BOARD 1. The petitioner shall install stop bars and signs at the /' project's entrances on Hypoluxo Road and Lawrence Road in -A ~7 accordance with the Manual of Uniform Traffic Control .J(lJ' C( .,){ Devices. This petitioner shall also install pedestrian/ . -('''It {C . Jp-bicycle crossing signs warning vehicles exiting this ...tt}lL-- 1<'" project that school children are crossing in this area to l/ ~ ...J II>~ / Santaluces High School between the hours of 7,: 15 a. m. - 't ~\. \ 8:15 a.m. and 3:30 p.m. - 4:15 p.m., and Cltrus Cove ~J\rA:~ Elementary School between the hours of 7:30 ?~. - 8:15 ~Dcf a.m. and 2:00 p.m. - 2:45 p.m. Plans detalllng these .:::-....-- t lL. control devices for vehicular and pedestrian/bicycle traffic safety shall be submitted to the Growth Management Center of the School Board for approval prior to site plan certification. (SCHOOL BOARD/Zoning) v.# ,;.vl 2 . ~{th Q. SIGNS The sale of alcoholic beverages at this site is prohibited prior to 5:00 p.m., Monday through Friday. (CODE ENFORCEMENT) 1. Freestanding signs fronting on Hypoluxo Road shall be limited as follows: /a. v)/ ~t'!:> - b. " 2. - (It, j). I~- l/~b < dr -. (1 V 0\ 3. r;l)(1 rO (p Maximum sign height, measured from finished grade - ten (10) feet; Maximum sign face area per side - 100 square feet; c. Maximum number of signs - one (1). (Building) If, prior to the issuance of a building permit for the project, the Sign Code is amended to be more restrictive than the conditions of approval, the regulations of the amended Sign Code shall supersede all sign-related conditions of approval. (BUILDING) The petitioner shall be required to remove the existing billboard from the site prior to the issuance of any certificates of occupancy. (BUILDING) R. USE LIMITATION rY 1. No outdoor loudspeaker system audible off site shall be permitted. (Code Enforcement) 2. No retail business activities shall be allowed on the site, including deliveries, prior to 6:00 a.m. nor continue later than 11:00 p.m. (Code Enforcement) oP 3 . fe- V ~~~r 4. No storage or placement of any material, refuse, equipment or debris shall be permitted in the rear of each structure. (Code Enforcement) No outdoor retail business activities shall be allowed on the site, excluding deliveries. (Code Enforcement) Bee CONDITIONS June 29, 1992 Page 6 UNITY OF CONTROL 1. Prior to site plan certification, petitioner shall record in the public record a Unity of Control for the entire subj ect property in a form acceptable to the County Attorney. (ZONING-County Attorney) T. VEGETATION 1. Preserve in place or relocate Southwest corner of the property. Oak located (ZONING) the near 2. Trees to be preserved shall receive appropriate protection during site development. No clearing shall commence until all protection devices are installed by the petitioner, and inspected and approved by the Zoning Division. (ZONING) U. COMPLIANCE 1. As provided failure to approval at following: in Zoning Code sections 400.2 and 402.6, comply with any of these conditions of any time may result in one or more of the a. The denial or suspension of a building permit or certificate of occupancy and use; the issuance of a stop work order; the denial or suspension of any permit or approval for any developer, owner, contractor, agent, tenant, lessee, or user of the subject property; b. The revocation of any special exception and any zoning which was approved concurrently with the Special Exception as well as any previously granted certifications of concurrency or exemptions therefrom; c. Rezoning of the property; d. The addi tion including a conform with applicable at compliance; or modification requirement that updated standards the time of the of conditions, the development of development finding of non- e. citation of the property owner for violation of the zoning Code. 2. Appeals of any departmental-administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Palm Beach County Zoning Code. Appeals of any revocation of special exception, rezoning, or other actions based on a Board of County Commissioners decision, shall be by petition for writ of certiorari to the Fifteenth Judicial circuit. BCC CONDITIONS June 29, 1992 Page 7