FUTURE LAND USE ATLAS AMENDMENT STAFF...

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18-SCA FLUA Amendment Staff Report 1 Burlington Self Storage (SCA 2018-001) FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT SMALL SCALE AMENDMENT BCC ADOPTION PUBLIC HEARING, JANUARY 25, 2018 A. Application Summary I. General Project Name: Burlington Self Storage (SCA 2018-001) Request: MR-5 to IND/5 Acres: 4.55 acres Location: Northwest corner of Lantana Road and De Soto Road Project Manager: Jerry Lodge, Planner I Owner: Rolando & Lisa Silva Applicant: Christopher M. Capozzoli; Burlington Self Storage of Lake Worth, LLC Agent: Damian Brink, Schmidt Nichols Staff Recommendation: Staff recommends approval with conditions based upon the findings and conclusions contained within this report. II. Assessment & Conclusion This amendment proposes to change the future land use designation on a 4.55 acre site from residential to industrial in order to develop a self-storage facility. The site is located along a suburban corridor in area with a mix of non-residential and residential future land use designations and uses. Since the 1989 Plan was adopted, future land use designations for five properties located to the immediate west of the subject site have been amended from residential to commercial, industrial, and institutional. Although the introduction of industrial uses at this location immediately surrounded by residential and institutional uses may create compatibility concerns, the proposed condition of approval will limit the use of the site to a self-storage facility. Such facilities have a low trip generation, limited hours, and can be considered to be compatible with the adjacent uses, and consistent with the character of the corridor. As demonstrated in this report, the proposed amendment is appropriate and suitable for the subject site, is compatible with the surrounding land uses, meets all Comprehensive Plan policy requirements with the proposed condition of approval.

Transcript of FUTURE LAND USE ATLAS AMENDMENT STAFF...

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18-SCA FLUA Amendment Staff Report 1 Burlington Self Storage (SCA 2018-001)

FUTURE LAND USE ATLAS AMENDMENT STAFF REPORT SMALL SCALE AMENDMENT

BCC ADOPTION PUBLIC HEARING, JANUARY 25, 2018

A. Application Summary I. General Project Name: Burlington Self Storage (SCA 2018-001) Request: MR-5 to IND/5 Acres: 4.55 acres Location: Northwest corner of Lantana Road and De Soto Road Project Manager: Jerry Lodge, Planner I Owner: Rolando & Lisa Silva

Applicant: Christopher M. Capozzoli; Burlington Self Storage of Lake Worth, LLC Agent: Damian Brink, Schmidt Nichols Staff Recommendation:

Staff recommends approval with conditions based upon the findings and conclusions contained within this report.

II. Assessment & Conclusion This amendment proposes to change the future land use designation on a 4.55 acre site from residential to industrial in order to develop a self-storage facility. The site is located along a suburban corridor in area with a mix of non-residential and residential future land use designations and uses. Since the 1989 Plan was adopted, future land use designations for five properties located to the immediate west of the subject site have been amended from residential to commercial, industrial, and institutional. Although the introduction of industrial uses at this location immediately surrounded by residential and institutional uses may create compatibility concerns, the proposed condition of approval will limit the use of the site to a self-storage facility. Such facilities have a low trip generation, limited hours, and can be considered to be compatible with the adjacent uses, and consistent with the character of the corridor. As demonstrated in this report, the proposed amendment is appropriate and suitable for the subject site, is compatible with the surrounding land uses, meets all Comprehensive Plan policy requirements with the proposed condition of approval.

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III. Hearing History

Local Planning Agency: Approval with conditions, motion by Lori Vinikoor, seconded by Richard Ryles, passed unanimously with an 11-0 vote. No members of the public spoke. Board discussion included the height of the building and the intent of the condition. The board also asked the agent if they had reached out to the single-family residence to the north. The applicant response that they had not and that they had not received any correspondence from the owner. Board of County Commissioners Adoption Public Hearing: T:\Planning\AMEND\18-SCA\SiteSpecific\18-01 Burlington Self Storage\Reports\BurlingtonSelfStorage-Rpt-PLC.docx

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Future Land Use Atlas Amendment Burlin g t o n Se l f S t o r a g e ( SC A 2 0 18- 00 1 )

Site Data Future Land Use Designations Siz.e: 4. 55 acres Existing Use: Residenlial Proposed Use: Self Storage CUrrent FLU: MR-5 Proposed FLU: IND/5

Ql~6.'9.'2017 Q)ruct Pt:onr~g Rla"'ane: P~ntlg.AI.E.'Ct18-SCA~St.e

LR-1 LR-2 LR-3 MR-5 HR-12 CL

N)l!e: Map ' rot01kll ~r prY..emnxq7JIP05eOOO~ .

Low Residential, 1 unit per acre Low Residential, 2 units per acre Low Residential, 3 units per acre Medium Residential, 5 units per acre High Residential, 12 un~s per 3cre Commercial Low

CU5 CUIND CLX Cl.X/5 CLX/INDX INST/5

_-'!':=~--- Feet 0 100 200 400

Commercial Low, underlying ~1 R-5 Commercial Low, underlying ndustrial CL Crosshatching CLX, underlying M R-5 CLX, underlying I ND Crossh<tching Institutional, underlying M R-5

Planning. Zoning & Building 2300 N.Jog Rd. VVPB. Fl3S4l1

POOtte {56 I) 233-5300

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B. Petition Summary I. General Data Project Name: Burlington Self Storage of Lake Worth (SCA 2018-001) Request: MR-5 to IND/5 Acres: 4.55 acres Location: Northwest corner of Lantana Road and De Soto Road Project Manager: Jerry Lodge, Planner I Owner: Rolando & Lisa Silva

Applicant: Christopher M. Capozzoli; Burlington Self Storage of Lake Worth, LLC Agent: Damian Brink, Schmidt Nichols

II. Site Data

Current Future Land Use Current FLU: Medium Residential, 5 units per acre (MR-5) Existing Land Use: Residential Single Family & Wholesale Nursery Current Zoning: Agricultural Residential (AR) Current Dev. Potential Max: Residential, up to 22 dwelling units

Proposed Future Land Use Change

Proposed FLU: Industrial with an underlying 5 units per acre (IND/5) Proposed Zoning: Light Industrial (IL) Dev. Potential Max/Conditioned: Industrial uses, up to 168,468, s.f. (.85 FAR)

General Area Information for Site Tier/Tier Change: Urban Suburban Tier – No Change Utility Service: Palm Beach County Water Utilities Department Overlay/Study: Palm Beach County/Greenacres/Atlantis Charette Comm. District: Dave Kerner, District 3

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C. Introduction I. Intent of the Amendment

The intent of the amendment is to change the future land use on the 4.55 acre subject site from Medium Residential, 5du/acre (MR-5) to Industrial with an underlying 5 units per acre (IND/5) in order to build a self-storage facility. The amendment has a concurrent zoning application (Z/CA-2017-1024) to rezone the site from Agricultural Residential (AR) to Light Industrial (IL). The proposed use is a three-story self-storage facility with 150,075 sq.ft. (.76 FAR). II. Background and Overview

This amendment is comprised of two parcels located on the northwest corner of Lantana Rd and De Soto Rd, approximately 675 ft east of Haverhill Road. The subject site currently has a single family residence and has not been the subject of a previous land use amendment. The subject site is located in the Urban Suburban Tier in a suburban area within the future annexation area of the City of Greenacres. Several properties located to the west of the subject site have been the subject of future land use amendments since the adoption of the 1989 Comprehensive Plan. Immediately west of the subject site is the Treatment Center of the Palm Beaches (LGA 2014-004) which was approved for a future land use change from residential to Institutional and Public Facilities with an underlying 5 units per acre (INST/5) for the development of an institutional use. West of the Treatment Center, properties on both sides of Lantana and Haverhill Roads have been granted approval for Commercial Low future land use designations, most recently Raceway Market (LGA 2013-001) and Rasmussen Commercial (SCA 2013 – 010) on the west side of Lantana Road. Just west of those properties is the Able Lawnmower Sales & Service (LGA 2015-010) which was approved for Commercial Low with underlying Industrial future land use. On the east side of the road, the property at the northeast corner of Lantana and Haverhill Roads was the subject of an amendment in 2004, Lantana/Haverhill Commercial (SCA 2004-003), which approved a change from MR-5 to CL/5. There are several other non-residential uses in the vicinity, including the German American Club to the west of Able Lawnmower, and a day care center located to the east of the site, beyond a vacant parcel. The subject site is located within the boundaries of the Treasure Coast Regional Planning Council (TCRPC), Greenacres, Atlantis, and Palm Beach County Charrette. The study was initiated by the BCC as a response to “community concerns over proposed housing projects in rural areas”. The BCC approved an interlocal agreement with these municipalities and TCRPC on May 18, 2004 to fund and participate in a joint charrette. With the assistance of the TCRPC, the weeklong planning process occurred in June of 2004. The results were compiled by the TCRPC in a report which was then presented to the BCC on May 26, 2005. The report was received and filed on the same day by the Board.

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D. Consistency and Compatibility I. Data and Analysis

This section of the report examines the consistency of the amendment with the County’s Comprehensive Plan, Tier Requirements, applicable Neighborhood or Special Area Plans, and the impacts on public facilities and services. A. Consistency with the Comprehensive Plan - General 1. Justification: FLUE Policy 2.1-f: Before approval of a future land use amendment, the

applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on:

1. The natural environment, including topography, soils and other natural resources; 2. The availability of facilities and services; 3. The adjacent and surrounding development; 4. The future land use balance; 5. The prevention of urban sprawl as defined by 163.3164(51), F.S.; 6. Community Plans and/or Planning Area Special Studies recognized by the Board of

County Commissioners; and 7. Municipalities in accordance with Intergovernmental Coordination Element Objective

1.1. (see Public and Municipal Review Section)

The applicant includes a Justification Statement (Exhibit 2) which states that this amendment is justified due to the following:

• The configuration and small size of parcel located adjacent to a treatment center and

fronting a major arterial and secondary roadway lend the subject site to be inappropriate for residential development.

• The characteristics of the corridor have changed since the adoption of the 1989 Comprehensive Plan from one that was envisioned to be exclusively residential to a mix of non-residential uses and non-residential future land use designations.

• Self-service storage is a low traffic generating use that is appropriate at this location adjacent to the Institutional uses presently existing immediately to the west (Treatment Center of the Palm Beaches) and to the east along the north side of Lantana Rd. (Beginnings Preschool & Sinai Missionary Baptist Church).

Staff Analysis: This policy is the umbrella policy over the entire FLUA amendment analysis and many of the items are addressed elsewhere in this report as identified above. With regards to the justification provided by the applicant, the applicant is correct that there have been amendments adopted by the County along this corridor that have changed the current and future character. Although the southern side of Lantana Roadway remains residential in nature, as described in the Background, five amendments to commercial, industrial, and institutional future land use designations have been approved since 1989. These changes have altered the characteristics of the corridor to a mix of both non-residential and residential uses.

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The amendment proposes to change the residential designation to industrial to allow the development of a self-storage facility. Although it is not impossible to develop this site with residential uses, the applicant is correct that it would be unusual to introduce new housing on a small site at an intersection adjacent to an existing non-residential use. Since the proposed industrial designation allows a much higher floor area ratio (.85 compared to the maximum .45 allowed by institutional designations), and allows a greater intensity of uses, staff does not concur with the applicant that the proposed use would act as a ‘transition’. Many of the uses allowed in the Unified Land Development Code for the Industrial designation would not be appropriate at this location due to compatibility issues. However, staff concurs that the proposed self-storage use is not out of character with the surrounding non-residential future land use designation and non-residential uses in residential designations. Therefore, the proposed amendment can only be considered to be appropriate for the subject site provided that the use is limited to a self-storage facility as proposed by the applicant. The land use character of the community has been evolving for some time and the proposed amendment (as conditioned) would not conflict with the integrity of this community. Therefore, the proposed amendment meets the requirements for adequate justification.

2. County Directions – FLUE Policy 2.1-g: The County shall use the County Directions in

the Introduction of the Future Land Use Element to guide decisions to update the Future Land Use Atlas, provide for a distribution of future land uses in the unincorporated area that will accommodate the future population of Palm Beach County, and provide an adequate amount of conveniently located facilities and services while maintaining the diversity of lifestyles in the County.

Direction 2. Growth Management. Provide for sustainable communities and lifestyle choices by: (a) directing the location, type, intensity, timing and phasing, and form of development that respects the characteristics of a particular geographical area;

Direction 5. Neighborhood Integrity. Respect the integrity of neighborhoods, including their geographic boundaries and social fabric.

Staff Analysis: Along the Lantana Road corridor in the immediate area, there are varying residential densities and a mix of non-residential future land use designations near the subject site. West of the subject site, at the intersection of Haverhill and Lantana Road, commercial, industrial, and institutional future land use designations have been adopted on various properties through recent amendments. Major residential development is south of Lantana Road, allowing the subject site to provide services to nearby communities without infringing upon their lifestyles. An Industrial future land use designation, with the proposed condition, at the proposed site would not violate the County Directions.

3. Piecemeal Development - Policy 2.1-h: The County shall not approve site-specific

Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels. Staff Analysis: The Comprehensive Plan’s Introduction and Administration Element defines piecemeal development in part as “a situation where land, under single ownership or significant legal or equitable interest by a person (as defined in Section 380.0651[4] F.S. and Rule 73C-40.0275 F.A.C.), is developed on an incremental basis, or one piece at a time, with no coordination or overall planning for the site as a whole.” The proposed

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amendment is consistent with this policy as there are no adjacent sites under common ownership. Therefore, the land use amendment will not create a residual parcel or encourage piecemeal development.

4. Residual Parcel – FLUE Policy 2.1-i: As a means of promoting appropriate land

development patterns the County shall discourage the creation of residual parcels within or adjacent to a proposed development. If such a situation is identified, and the residual parcels cannot be eliminated, then the development shall be designed to allow for inter-connectivity with the residual parcels through various techniques including, but not limited to, landscaping and pedestrian and vehicular access. In addition, the future land use designation and/or zoning district of the residual parcel shall also be considered by the Board of County Commissioners, concurrently with the development, to ensure that an incompatibility is not created.

Staff Analysis: The Comprehensive Plan’s Introduction and Administration Element defines residual parcel as “a property under the same or related ownership that has been left out of a development area, resulting in a parcel which has limited development options and connections to surrounding properties.” As there are no other properties under related ownership, the proposed amendment would not result in a residual parcel and is therefore consistent with this policy.

B. Consistency with Urban/Suburban Tier Requirements for the Specific FLU Future Land Use Element Objective 1.1, Managed Growth Tier System, states that “Palm Beach County shall implement the Managed Growth Tier System strategies to protect viable existing neighborhoods and communities and to direct the location and timing of future development within 5 geographically specific Tiers…..” 1. Industrial: FLUE Policy 2.2.4-a: The County shall apply Industrial future land use

categories at appropriate locations and intensities to satisfy the need for industrial space, provide opportunities for the retention and expansion of industrial and employment based economic activities, and to promote economic development consistent with the County’s economic development directives. The County shall also encourage a broad range of employment opportunities and shall discourage Future Land Use Atlas amendments that result in the loss of industrially designated land.

Staff Analysis: This policy promotes the placement of industrial future land uses at appropriate locations. The proposed amendment is requesting an industrial future land use designation since the site does not meet the location requirements for a commercial designation. Commercial future land uses are not allowed ‘mid-block’ unless they are located adjacent to an existing designation. Technically according to the ULDC Use Matrix, the proposed self-storage use is considered to be a ‘commercial use’, not industrial and, therefore, does not further any of the language within this policy. However, since the site is determined to be appropriate for an industrial designation by the analysis provided in the Justification section of this report, the proposed amendment for the industrial future land use designation on this site does not violate this policy.

C. Compatibility Compatibility is defined as a condition in which land uses can co-exist in relative proximity to each other in a stable fashion over time such that no use is negatively impacted directly or indirectly by the other use. FLUE Policy 2.1-f states that “the County shall review and make a determination

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that the proposed future land use is compatible with existing and planned development in the immediate vicinity.” And FLUE Policy 2.2.1-b states that “Areas designated for Residential use shall be protected from encroachment of incompatible future land uses and regulations shall be maintain to protect residential areas from adverse impacts of adjacent land uses. Non-residential future land uses shall be permitted only when compatible with residential areas, and when the use furthers the Goals, Objectives, and Policies of the Plan.” The applicant indicates in Exhibit 2 that the proposed amendment is compatible with the adjacent and surrounding properties specifically because the proposed self-storage use is a low trip generator, low impact, and typically a good neighbor to other uses. Surrounding Land Uses: Immediately abutting the site are the following:

North: Adjacent to the site, are six lots ranging between just over an acre to almost 3 acres with a future land use designation of Medium Residential, 5 units per acre (MR-5) and two properties with a future land use designation of Low Residential, 1 unit per acre (LR-1). These sites are utilized as single-family residences and nurseries. To the north, beyond Nash Trail, is an 11.9 acre planned 53 unit single family residential development (Verona Estates) located within the municipal boundaries of the City of Greenacres. This site has a City of Greenacres Future Land Use designation of Residential Medium Density (RS-MD) and a Residential Medium Density 2 (7 units/acre) (RM-2) zoning district. East: De Soto Road, an unimproved roadway, borders the eastern side of the site. The east of De Soto Road are two vacant lots, the Sinai Missionary Baptist Church and Beginnings Pre School all with a future land use of MR-5. There is also a small pocket of LR-1 on the eastern side of the road. West: To the immediate west of the proposed site is the 10.25-acre Treatment Center for the Palm Beaches site with an Institutional future land use designation. Prior to 2013, the site was approved as a Congregate Living Facility and developed with an assisted living facility. The site was the subject of a land use amendment in 2013 from MR-5 to INST/5 in order to allow for outpatient services. The approval is for up to 320 beds totaling 107,159 sq.ft. Further west of the Treatment Center at the northeast corner of Haverhill and Lantana Road is a 9.83 acre property that was the subject of a land use amendment known as Lantana/Haverhill Commercial (SCA 2004-003) in 2004 from MR-5 to CL. The site has zoning approvals for a Multiple Use Planned Development (MUPD) consisting of 83,577 square feet of commercial uses. This property is the eastern most parcel in the commercial node created through several land use amendments in recent years. On the eastern, northern and western edges of the node is crosshatching to create a natural buffer between the CL FLUs and the residential FLUs nearby. Access to Nash Trail was prohibited by condition in the Amendment ordinance. South: Lantana Road borders the subject site to the south. Across Lantana Road, opposite the site, is Willoughby Farms and Winston Trails. These communities have Future Land Use designations of MR-5 and LR-3 respectively. Staff Analysis: The property is located on the Lantana Road corridor that contains various institutional and civic uses including a day care facility, churches and the German American club. A majority of the residential developments in the area are south of the site across Lantana Road. The proposed Industrial future land use designation, without a

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condition of approval limited the use to self-storage, would allow much greater intensity of uses on the subject site than the surrounding properties and may create compatibility issues. However, with the condition of approval limiting the site to a self-storage use only, the use is compatible with the adjacent Treatment Center of the Palm Beaches with an Institutional future land use and is not incompatible with the residential uses in the vicinity. Therefore, the proposed designation is compatible with the surrounding uses.

D. Consistency with County Overlays, Plans, and Studies 1. Overlays – FLUE Policy 2.1-k states “Palm Beach County shall utilize a series of overlays

to implement more focused policies that address specific issues within unique identified areas as depicted on the Special Planning Areas Map in the Map Series.”

Staff Analysis: The subject site is not located within any overlay. 2. Neighborhood Plans and Studies – FLUE Policy 4.1-c states “The County shall

consider the objectives and recommendations of all Community and Neighborhood Plans, including Planning Area Special Studies, recognized by the Board of County Commissioners, prior to the extension of utilities or services, approval of a land use amendment, or issuance of a development order for a rezoning, conditional use or Development Review Officer approval……” Staff Analysis: Staff Analysis: The subject site is located within the boundaries of the Treasure Coast Regional Planning Council (TCRPC), Greenacres, Atlantis, and Palm Beach County Charrette Report. The report was initiated by the BCC Commissioners as a response to “community concerns over proposed housing projects in rural areas”. The BCC approved an interlocal agreement with these municipalities and TCRPC on May 18, 2004 to fund and participate in a joint charrette. With the assistance of the Treasure Coast Regional Planning Council, the weeklong planning process occurred in June of 2004. The results were compiled by the TCRPC in a report which was then presented to the BCC on May 26, 2005. The report was received and filed on the same day by the Board. The charrette shows the subject site to be proposed as mixed use, with commercial and mixed use fronting along Lantana Road and single family homes filling in behind the mixed use buildings. The Treatment Center of the Palm Beaches was not approved for the site until after the Charrette. The Charrette however recognized that the prior use as an assisted living facility existed and proposes single-family homes adjacent to the facility. The Industrial future land use, or self-storage use is not included in the Charrette. Therefore, the amendment is not consistent with the Charrette.

E. Public Facilities and Services Impacts The proposed amendment would change the future land use designation from Medium Residential, 5 units per acre, to Industrial. For the purposes of the public facilities analysis, the maximum floor area ratio (.85) at a trip generation of light industrial was applied for a maximum of 168,468 square feet. Public facilities impacts are detailed in the table located in Exhibit 3. 1. Facilities and Services – FLUE Policy 2.1-a: The future land use designations, and

corresponding density and intensity assignments, shall not exceed the natural or manmade constraints of an area, considering assessment of soil types, wetlands, flood plains, wellfield zones, aquifer recharge areas, committed residential development, the

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transportation network, and available facilities and services. Assignments shall not be made that underutilize the existing or planned capacities of urban services. Staff Analysis: The proposed amendment has been distributed to the County service departments for review and there are adequate public facilities and services available to support the amendment. The amendment does not exceed natural or manmade constraints. Staff sent a request for departmental review of the proposed amendment to the following County departments and external agencies for review of public facility impacts and no adverse comments were received: Mass Transit (Palm Tran), Potable Water & Wastewater (PBC Water Utilities Dept.), Environmental (Environmental Resource Management), Land Development (Engineering), Historic Resources (PBC Archaeologist), Parks and Recreation, Office of Community Revitalization (OCR), ULDC (Zoning), School Board, Health (PBC Dept. of Health), Fire Rescue, Lake Worth Drainage District.

2. Long Range Traffic - Policy 3.5-d: The County shall not approve a change to the Future Land Use Atlas which:

1) results in an increase in density or intensity of development generating additional

traffic that significantly impacts any roadway segment projected to fail to operate at adopted level of service standard “D” based upon cumulative traffic comprised of the following parts a), b), c) and d):………

Staff Analysis: The Traffic Division reviewed this amendment and determined that the proposed amendment meets Policy 3.5-d of the Future Land Use Element of the Comprehensive Plan. The Traffic Study (see Exhibit 4) was prepared by Simmons & White, 2581 Metrocentre Blvd West, Suite 3, West Palm Beach, FL 33407. Traffic studies and other additional supplementary materials for site-specific amendments are available to the public on the PBC Planning web page at: http://discover.pbcgov.org/pzb/planning/Pages/Active-Amendments.aspx

F. Florida Statutes (FS) 1. Consistency with Urban Sprawl Rule: The proposed amendment is not considered

sprawl as it is within the Urban/Suburban Tier and within the Urban Service Boundary wherein an array of urban services and public facilities are provided. This Tier is also the target of the County’s redevelopment and revitalization strategies with the purpose of redirecting growth to older unincorporated areas, promoting mixed use development concepts, transit oriented developments, where feasible, all with the explicit purpose of reducing sprawl.

II. Public and Municipal Review

The Comprehensive Plan Intergovernmental Coordination Element Policy 1.1-c states that “Palm Beach County will continue to ensure coordination between the County’s Comprehensive Plan and plan amendments and land use decisions with the existing plans of adjacent governments and governmental entities...” A. Intergovernmental Coordination: Notification of this amendment was sent to the Palm

Beach County Intergovernmental Plan Amendment Review Committee (IPARC) for review

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on November 15, 2017. As of the publication of the Planning Commission Report, no objections to this amendment have been received through the IPARC process.

B. Other Notice: Public notice by letter was mailed to the owners of properties within 500'

of the perimeter of the site on November 15, 2017. In addition, on November 15, 2017, several interested parties were notified by mail including: Willoughby Farms Master Assoc Inc., Winston Trails CDD East, Winchester Woods HOA and others. As of the publication of the Planning Commission Report, no comments have been received.

C. Informational Meeting: The Planning Division hosted a meeting with area residents and

interested parties to relay information regarding the amendment and development approval processes on November 28, 2017. No members of the public attended. As of the publication of the Planning Commission Report, no letters from the public had been received. Letters received are added to the Exhibits during the course of the amendment process. (see Exhibit 8).

III. Conclusions and Recommendation

This amendment proposes to change the future land use designation on a 4.55 acre site from residential to industrial in order to develop a self-storage facility. The site is located along a suburban corridor in area with a mix of non-residential and residential future land use designations and uses. Since the 1989 Plan was adopted, future land use designations for five properties located to the immediate west of the subject site have been amended from residential to commercial, industrial, and institutional. Although the introduction of industrial uses at this location immediately surrounded by residential and institutional uses may create compatibility concerns, the proposed condition of approval will limit the use of the site to a self-storage facility. Such facilities have a low trip generation, limited hours, and can be considered to be compatible with the adjacent uses, and consistent with the character of the corridor. As demonstrated in this report, the proposed amendment is appropriate and suitable for the subject site, is compatible with the surrounding land uses, meets all Comprehensive Plan policy requirements with the proposed condition of approval. Therefore, staff recommends approval with a condition. Exhibits Page 1. Future Land Use Map & Legal Description E-1

2. Applicant’s Justification Statement E-3

3. Applicant’s Public Facility Impacts Table E-9

4. Applicant’s Traffic Study (available to the LPA/BCC upon request) E-11

5. Palm Beach County Traffic Division Letter E-12

6. Water & Wastewater Provider LOS Letter E-13

7. Applicant’s Disclosure of Ownership Interests E-14

8. Correspondence E-24

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Exhibit 1

Amendment No: Burlington Self Storage (SCA 2018-001)

FLUA Page No: 82

Amendment: From Medium Residential, 5 units per acre (MR-5), to Industrial with an underlying 5 units per acre (IND/5)

Location: Northwest corner of Lantana Road and De Soto Road

Size: 4.55 acres

Property No: 00-42-44-36-09-013-0010 & 00-42-44-36-09-013-0020

Conditions: Development under the Industrial future land use designation shall be limited to a self-storage facility.

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18-SCA FLUA Amendment Staff Report E - 2 Burlington Self Storage (SCA 2018-001)

Legal Description

PARCEL I THE SOUTHWEST 1/4 OF TRACT THIRTEEN (13), IN THE SOUTHWEST QUARTER (SOUTHWEST 1/4) OF SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 3, PAGE 10, LESS THE SOUTH 40 FEET THEREOF FOR HIGHWAY PURPOSES, AND LESS THE NORTH 14.00 FEET OF THE SOUTH 54.00 FEET OF THE WEST ONE QUARTER (W 1/4) OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHWEST ONE QUARTER (SW 1/4) OF THE SOUTHWEST ONE QUARTER (SW 1/4) OF SAID SECTION 36. PARCEL II THE SOUTHEAST ONE-QUARTER (SE 1/4) OF TRACT 13 OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 36, TOWNSHIP 44S, RANGE 42E, PLAT OF SEC. 36-T. 44S, R. 42E, RECORDED IN PLAT BOOK 3, PAGE 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. EXCEPTING THE SOUTH 40.00 FEET FOR LANTANA ROAD RIGHT-OF-WAY AND THE EAST 25.00 FEET FOR DESOTO ROAD RIGHT-OF-WAY. ALSO EXCEPTING ACQUISITION PARCEL NO. 119 (ADDITIONAL RIGHT-OF-WAY FOR LANTANA ROAD) MORE PARTICULAIRLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITIUATE IN SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE, SOUTH 88°29'51" EAST, ALONG THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 843.31 FEET THENCE, NORTH 01°30'09" EAST, DEPARTING FROM SAID SECTION LINE, A DISTANCE OF 40.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF LANTANA ROAD AND THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING; THENCE, NORTH 02°02'30' EAST, ALONG THE WEST LINE OF THE EAST ONE-HALF (E 1/2) OF THE WEST ONE-HALF (W 1/2) OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 36, A DISTANCE OF 14.00 FEET; THENCE, SOUTH 88°29'51" EAST, ALONG A LINE 14.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO SAID RIGHT-OF-WAY LINE, A DISTANCE OF 118.56 FEET; THENCE, NORTH 46°45'39 EAST, DEPARTING FROM SAID PARALLEL LINE, A DISTANCE OF 35.52 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF DESOTO ROAD; THENCE, SOUTH 02°01'10" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 39.00 FEET; THENCE NORTH 88°29'51" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 143.57 FEET TO THE POINT OF BEGINNING. TOTAL ACREAGE 4.55 ACRES, MORE OR LESS.

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18-SCA FLUA Amendment Staff Report E - 3 Burlington Self Storage (SCA 2018-001)

Exhibit 2 Applicant’s Justification Statement, Consistency, and Compatibility

Introduction On behalf of the Applicant and Contract Purchaser, Burlington Self Storage of Lake Worth, LLC (“Applicant”), with consent from the property owners, Rolando and Lisa Silva (“Owners”), Schmidt Nichols respectfully requests your approval of this application for a Small Scale Future Land Use Atlas (FLUA) Amendment for an assemblage of two (2) properties located in Unincorporated Palm Beach County. The 4.55-acre subject property is composed of two (2) parcels (PCNs 00-42-44-36-09-013-0010 & 00-42-44-36-09-013-0020) located on the north side of Lantana Rd. between S Military Trail Road and S Haverhill Road, at the northwest corner of Lantana Road and De Soto Road (“subject property”). Currently, the subject property supports a Future Land Use Atlas designation of Medium Residential 5 dwelling units/acre (MR-5). The subject property is currently within the Agriculture Residential (AR) zoning district. The subject property is located within the Palm Beach County/Greenacres/Atlantis Study Area, and also lies within the Palm Beach County Park Airport (Lantana) Airport Noise Zone and the Runway 5 Mile Buffer. Below is a summary of surrounding properties:

Adjacent Lands Uses FLU Zoning

Subject Property Wholesale Nursery & SF Residential MR-5 AR

North Single-family Residential MR-5 AR

South Multi-family Residential Townhouses (Willoughby Farms) MR-5 PUD

East Vacant Agriculture Residential MR-5 AR

West Institutional – Medical Center &

Nursing or Convalescent Center (The Treatment Center of the Palm

Beaches)

INST/5 IPF

Request The Applicant is requesting the following:

• A Future Land Use Atlas (FLUA) Amendment from MR-5 to Industrial, underlying 5 units per acre (IND/5) for the entire property.

The Applicant seeks to amend the Future Land Use of the subject property in order to construct a self-storage facility to an area of the County that lacks high quality climate-controlled self-storage with Recreational Vehicle (“RV”) and boat storage. Burlington Self Storage is a leader in

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good, clean first class self-storage facilities offering options like climate controlled units of all sizes, direct access, covered and/or internal loading dock areas. A concurrent application to the Palm Beach County Zoning Division for an Official Zoning Map Amendment (rezoning) will be submitted within the required ninety (90) days from this submission. The objective is to rezone the entire property from the AR to Light Industrial (IL) to construct a self-storage facility. History The subject property does not have any history of land entitlements with the exception of a special permit for a wholesale nursery that currently exists on the property today. In addition, a single-family residential structure was built prior to 1950 according to the Property Appraiser’s website and historic aerials. Justification and Consistency with the Comprehensive Plan & Florida Statutes Policy 2.1-f: Before approval of a future land use amendment, the applicant shall provide an adequate justification for the proposed future land use and for residential density increases demonstrate that the current land use is inappropriate. Below is the Applicant’s justification and response to Policy 2.1-f: The subject property is located within the Urban/Suburban Tier with over 287 feet of frontage along Lantana Rd., an Urban Minor Arterial roadway as identified by Map TE 3.1, Functional Classification of Roads. According to Table 2.2.1-j.1, Residential Future Land Use – Zoning Consistency, the current AR zoning is inconsistent with the subject property’s Future Land Use designation of MR-5. The subject property is not ideal for residential development due to its size, location adjacent to the Treatment Center of the Palm Beaches and it falls within the Lantana Airport Noise Zone and Runway 5 Mile Buffer, which strictly prohibits new day care and educational facilities. Although the ULDC does not specifically discourage residential development within the 5 Mile Buffer, the end of the Lantana Runways 27 & 9 are only 1.8 miles away. The fact that the property is only 4.55 acres restricts the ability to develop as a Planned Unit Development (“PUD”) as the minimum lot size for a PUD is 5 acres. Additionally, the property would only yield 18-22 dwelling units based on the standard and maximum density allowed in the MR-5 future land use. Additional properties would have to be combined to justify a feasible residential planned community with all the necessary buffers, civic requirements, roadways and recreational amenities. Furthermore, the current westerly residential lot only has access to the busy Lantana Rd. If these lots were not owned together, or the west lot was sold off to another party, it would be required to access Lantana Road. It is uncommon to see single-family residential lots with access directly off an arterial roadway. Therefore, it is appropriate to amend the subject property’s Future Land Use from MR-5 to IND/5 to allow the development of self-service storage. The proposed FLU is appropriate and suitable for the subject site. Objective 1.2 of the Comprehensive Plan Future Land Use Element (“FLUE”) states: “this tier [Urban/Suburban] is expected to accommodate the bulk of the population and its need for…goods and services…” Several of the Agriculture Residential (AR) properties in this area have been rezoned and converted into planned residential communities. With this population increase, there is a need for additional services to support these new residents. Unfortunately, the Home Owners’ Associations (“HOA”) in a majority of these planned residential communities do not allow accessory buildings, storage sheds, or allow storage of Recreational Vehicles (“RVs”) and/or

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boats on individual properties. When residents need to store additional items on their property, they find self-service storage facilities to accommodate their growing needs. This is a great opportunity to provide a much-needed use of self-service storage to an area that already has a significant amount of existing residential development. Self-service storage is a low traffic generator and fits in well with the Institutional uses presently existing immediately to the west (Treatment Center of the Palm Beaches) and to the east along the north side of Lantana Rd. (Beginnings Preschool & Sinai Missionary Baptist Church). This amendment will provide a good transition from these Institutional uses to the west and along Lantana Rd. to the east, to the medium density residential to the north along De Soto Rd. Furthermore, this amendment is not piecemealed as there are clearly defined boundaries of the built Institutional use to the west, and De Soto Rd. to the east. Policy 2.2.4-a of the Comprehensive Plan FLUE states: “The County shall apply Industrial future land use categories at appropriate locations and intensities to satisfy the need for industrial space, provide opportunities for the retention and expansion of industrial and employment based economic activities, and to promote economic development consistent with the County’s economic development directives. The County shall also encourage a broad range of employment opportunities and shall discourage Future Land Use Atlas amendments that result in the loss of industrially designated land.” This is an appropriate location for Industrial future land use category adjacent to Institutional land use. Policy 2.2.4-c.3 further defines the allowable uses in Industrial Designations and specifically lists Institutional and Public Facilities as “permitted by the ULDC”. Therefore, the adjacent use of Institutional is consistent with uses in an Industrial Designation. The self-service use proposed is considered a Light Industrial Use, which is further defined by Policy 2.2.4-d, as uses “not likely to cause undesirable effects, danger or disturbance upon nearby areas and typically does not create negative impacts on immediately adjoining uses. These uses typically do not cause or result in the dissemination of dust, smoke, fumes, odor, noise, vibration light, or other potentially objectionable effects beyond the boundaries of the lot on which the use is conducted.” Therefore, the light industrial use of self-service storage fits well within the area it is being proposed. Furthermore, the proposed future land use amendment is consistent with Policy 3.5-d, as shown by the Traffic Analysis provided by Simmons & White, Inc. Therefore, amending the subject property’s future land use designation to Industrial is consistent with the Comprehensive Plan, as well as consistent with the surrounding properties. Basis for the land use change. The basis for the proposed amendment is based upon changed circumstances. The Changed Circumstance are that recently approved Treatment Center of the Palm Beaches (Control 1988-00039) Future Land Use change in 2014 (Ordinance 2014-009) and Rezoning and Site Plan in 2016 (ZR-2016-0023; R-2016-0552; 0553 and 0554) result in the need to evaluate the surrounding residential land uses. The Treatment Center of the Palm Beaches is a drug and alcohol treatment center for both teens and adults. The approved site plan shows 107,159 square-feet and 320 beds in two (2) buildings with Building B being three (3) stories tall. When the Treatment Center of the Palm Beaches was approved by the Board of County Commissioners (“BCC”) on June 17, 2016, seven (7) people spoke in opposition and an additional nine (9) people submitted comment cards in opposition to the project. The project was still approved by the BCC despite the overwhelming opposition. It should be noted that the current property owner obtained the subject property in 2003, prior to the Treatment Center approval. The Applicant has determined that it is the appropriate time to change the future land use designation to IND/5, and to develop the property consistent with the surrounding Institutional and non-residential uses. This FLU Amendment request will be consistent with the recent Future Land Use designation changes on properties to the west (west and east sides of Haverhill Rd. north of Lantana Rd.).

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Additionally, recent Future Land Use amendments within a ¼ mile of the subject property have changed conditions to the area further justifying the need to evaluate the existing medium residential MR-5 designation. In all these cases, medium density residential land use (MR-5) was converted to commercial or industrial.

• Abel Lawnmower (LGA 2015-010) – This amendment on the north side of Lantana Road, just west of Haverhill Road. On August 22, 2016, the Palm Beach County Board of County Commissioners (”PBCBCC”) approved this land use change for 16.58 acres from MR-5 & Commercial Low with underlying 5 units/acre (CL/5) to CL/IND (Ordinance 2016-038). It should be noted that staff recommended approval of this application with conditions.

• Rasmussen Commercial (SCA 2013-010) – This small scale future land use amendment. This amendment was on a property located on the west side of Haverhill Road just north of Lantana Road. On August 22, 2013, the PBCBCC approved this land use change for 5.07 acres from MR-5 to CL/5 (Ordinance 2013-020). It should be noted that staff recommended approval of this amendment with one (1) condition.

• Raceway Market (LGA 2013-001) – This small scale future land use change was for a property located at the northwest corner of Lantana Road and Haverhill Road. On April 25, 2013, the PBCBCC approved this land use change for 1.78 acres from MR-5 to CL (Ordinance 2013-008).

• Lantana/Haverhill Commercial (SCA 2004-00003) – This small scale future land use change was for a 9.83-acre property located at the northeast corner of Lantana Road and Haverhill Road. On November 18, 2004, the PBCBCC approved this land use change from MR-5 to CL with conditions.

All the above amendments have further changed the residential nature of this area of Palm Beach County. There are numerous residential developments within a 2-mile radius of the subject property, thus the need to convert some of the remaining MR-5 properties to service these residents. Other applicable policies related to this request are as follows: Policy 2.1-h: The County shall not approve site-specific Future Land Use Atlas amendments that encourage piecemeal development or approve such amendments for properties under the same or related ownership that create residual parcels. The County shall also not approve rezoning petitions under the same or related ownership that result in the creation of residual parcels. Response: This amendment is not piecemealed as there are clearly defined boundaries of the built Institutional use to the west, and De Soto Rd. to the east. Additionally, all the properties controlled under the current owner, are subject to this amendment, which if either property were excluded, would have otherwise created piecemeal development. Florida Statutes related to this request are as follows: Florida Statutes, Section 163.3177(6)(a)9.a: The indicators provided in this statute pertain to findings that would indicate a plan or plan amendment does not discourage the proliferation of urban sprawl. The subject Future Land Use Amendment and proposed development is within the urban service boundary and is not suitable for residential development due to size and location directly adjacent to the recently approved drug and alcohol treatment center to the west. The amendment seeks to fill in underutilized properties with needed self-storage use to service the surrounding community.

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The prevention of urban sprawl is also defined by 9J-5.006(5)(g), Florida Administrative Code (F.A.C.); Response: The subject amendment is to allow development of property within the urban service boundary which and is able to be serviced by existing public facilities and services with direct access to Lantana Road. Self-service storage is very compatible with the surrounding residential and institutional uses. The subject property exemplifies infill development by providing self-service storage on a property that has restrictions for other types of community serving uses like day care and educational uses due to the fact that the property is within the Lantana 5 Mile Airport Buffer. Compatibility In addition, and the County shall review and make a determination that the proposed future land use is compatible with existing and planned development in the immediate vicinity and shall evaluate its impacts on:

1. The natural environment, including topography, soils and other natural resources; a. Response: The subject properties have been operating under a special permit for

a wholesale nursery and an agriculture exemption (Ag Exemption applied to west parcel – 0020). Therefore, the property was cleared for planting and very little natural vegetation remains on the site. The topography and soils remain unchanged since the clearing of the site. It has been determined that the man-made depression in the northwest corner of the subject property is not a wetland. Therefore, there will be no impacts to the natural environment if this site is develop as intended. In fact, with the current landscaping requirements in place under the ULDC, it is reasonable to assume that the site will be enhanced with vegetation, especially along buffers and in open space areas.

2. The availability of facilities and services; a. Response: The site is located within the Urban/Suburban Tier in the Urban Service

area with frontage along a major County corridor of Lantana Road. Detailed information on each of the required facilities and services can be found below:

i. Traffic: Please see attached traffic analysis and letter indicating compliance with Policy 3.5-d of the FLUE of the Comprehensive Plan.

ii. Mass Transit: The nearest Palm Tran Route is Route #63 (Bus Stop Id# 6824), Jog Road to US 1 and Hypoluxo (Winn-Dixie). Route #63 provides riders with access across town via Lantana Rd. with connecting route transfers to Tri-Rail (Route #70).

iii. Potable Water and Wastewater: Potable water and wastewater service will be provided by Palm Beach County Water Utilities Department. See attached Service availability letter under Attachment I.

iv. Drainage: The site is within the boundaries of the Lake Worth Drainage District (LWDD). Legal positive outfall is available to the site via Lantana Rd. right-of-way adjacent to the south property line through the use of on-site retention areas in conjunction with a system of exfiltration trenches, inlets and closed piping systems. Please refer to the Drainage Statement prepared by Simmons and White, Inc. dated May 5, 2017 being included as Attachment J with this application for more details.

v. Fire Rescue: The nearest Palm Beach County Fire Rescue station is Station #43 located approximately 0.6 miles from the subject property.

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Palm Beach County Fire Rescue has determined that the amendment will have minimal impact on Fire Rescue. See Palm Beach County Fire Rescue letter (Attachment K).

3. The adjacent and surrounding development; a. Response: To the north, south and east of the subject property are residential land

uses, however to the east is vacant. Directly to the west is Institutional use of a medical center & nursing or convalescent center. Below are the existing FLUA designations for the surrounding properties:

i. North: MR-5 ii. South: MR-5 iii. East: MR-5 iv. West: INST/5

The proposed development will be compatible with both the residential and non-residential uses that surround the subject property, while being a good transition to those medium residential uses to the north and east.

4. The prevention of urban sprawl as defined by 9J-5.006(5)(g), Florida Administrative Code (F.A.C.);

a. Response: This request is to allow the development of a mostly vacant suburban property that will be serviced by available public facilities and services and with access directly on Lantana Rd., which is a roadway that is classified as an Urban Minor Arterial (U-MA). The proposed project exemplifies the prevention of sprawl as it is infill development of a vacant property within the Urban/Suburban Tier.

5. Community Plans and/or Planning Area Special Studies recognized by the Board of County Commissioners; and

a. Response: The subject property is within the Palm Beach County/Greenacres/Atlantis Study area. The Treasure Coast Regional Planning Council held a Charrette and produced a report regarding the study area in February 2005. Although the report did not specifically identify a plan for the subject property, it did show more intense development commercial-like development with buildings close to Lantana Rd. and a potential slip-street design along the corridor. Single-family lots were shown to the north of the subject property in the various graphics from the report. The proposed amendment does not conflict with any of the directives in the charrette report, and to date, nothing from this report has ever been implemented.

6. Municipalities in accordance with Intergovernmental Coordination Element Objective 1.1.

a. Response: The subject property is within 1-mile of the Town of Greenacres and the City of Atlantis.

Residential Density Increases No residential density increases are being proposed under this application. On behalf of the Applicant, Burlington Self Storage of Lake Worth, LLC, Schmidt Nichols respectfully requests your approval of this application for a Small Scale Future Land Use Atlas Amendment.

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Exhibit 3 Applicant’s Public Facilities Table

VIII. Public Facilities Information

A. Traffic Information

Current FLU Maximum Conditioned or Concurrent

Max Trip Generation 146 1,057 N/A

Trip Increase Max. 911

Trip Inc. Conditioned or Concurrent N/A

Significantly impacted roadway segments that fail Long Range

None None None

Significantly impacted roadway segments for Test 2

None None None

Traffic Consultant Simmons & White, Inc. Kyle Duncan

B. Mass Transit Information

Nearest Palm Tran Route (s)

PalmTran Route 63

Nearest Palm Tran Stop PalmTran Stop 6824 (in front of property)

Nearest Tri Rail Connection

Lake Worth Road

C. Potable Water & Wastewater Information

Potable Water & Wastewater Providers

Palm Beach County Water Utilities Department (PBCWUD). Please refer to Application Attachment I.

Nearest Water & Wastewater Facility, type/size

Potable water will be provided via connection to an existing 16” water main along the north side of Lantana Road. Waste water service will be provided via private on-site lift station and connection to an existing 4” force main along the south side of Lantana Road.

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D. Drainage Information

The site is located within the boundaries of the Lake Worth Drainage District and South Florida Water Management District C-16 drainage basin. Legal positive outfall for the site is available via piped connection to the Lantana Road drainage system along the south side of the project. See Drainage Statement as Application Attachment J.

E. Fire Rescue

Nearest Station Station #43 (5970 S Military Trail Rd., Atlantis, FL 33462)

Distance to Site 0.75 miles

Response Time The estimated response time to subject property is four (4) minutes. The 2016 average response time (call received to on scene) for Station 43 was 6:29.

Effect on Resp. Time According to Palm Beach County Fire Rescue, a change in the land use of the subject property will have little to no impact on response time. Please see attached letter from Palm Beach County Fire Rescue as Application Attachment K.

F. Environmental

Significant habitats or species

The subject properties do not support any significant habitats or Listed Species. Since the site has previously been cleared (between 2006 – 2007) the site is not suitable for the future support of any significant habitats or Listed Species. It would be unreasonable to expect any Listed Species to be present based on the maintenance practices of the site. See environmental information as Application Attachment L.

Flood Zone* X500

Wellfield Zone* The subject properties are not located within a Wellfield Protection Zone. The nearest zone (Zone 3) is located approximately 3,145 feet from the subject property. Wellfield 05-01-E is located 3,920 (0.74 miles) from the property and Wellfield 05-01-E is located 3,995 (0.76 miles) from property. Please see attached Wellfield Statement and map as Application Attachment M.

G. Historic Resources

There are no historical resources on the subject property. Please see Letter as Application Attachment N.

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Exhibit 4 Traffic Study

(Available to the BCC upon request)

Traffic studies and other additional supplementary materials for site-specific amendments are

available to the public on the PBC Planning web page at:

http://discover.pbcgov.org/pzb/planning/Pages/Active-Amendments.aspx

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Exhibit 5 Traffic Division Letter

Department or EnginHrinQ and Public Works

P.O. SOlC 2.1229

West Paint Buctl. FL 'l41t>-122Q

(561) <:184·4000

FAX:{561J 684·40:50

W\Yw.pbegov com

• P;llm Be.llch County

Board of County COmmissioners

Pauleue Burd ick. Mayor

Melissa Mt:Kinlay. vw:e Mayor

Da\'C Kerner

Srtwen l. Abrams

Mary tou Berger

MCCk &ernar<l

Counry AdmJnlsuoa.tor

June 12, 2017

Anna Lai, P.E., PTOE Simmons & WMe 2581 Metrocentre Boulevard West, Suite 3 West Palm Beach, Fl 33407

RE: Round 2018-A Burlington Self Storage of Lake Worth (Revis&<!) Policy 3.5~d Roview

Dear Ms . Lai:

Palm Beach County Traffic Division has reviewed the traffic statement (revised) for the proposed Future land Use Amendment for the above referenced project, dated June 2, 2017, pursuant to Policy 3.5-d of the land Use Element of the Palm Beacn County Comprehensive Plan. The project is summarized as follows:

Location: PCN#: Sizo: Existing FLU: Existing Zoning : Existing Use: Existing Max Potontial: Proposod FLU: Prop. Zoning: Proposed Use: Prop. Max Potential: Net Daily Trips (max): Net PH Trips (max):

NW Corner of Lantana Road a nd Desoto Road 00-42-44-36-09-0 13-0010; -0020 4.55 acres Medium Residential- 5 Dwell ing Units per acres (MR-5) Agricultural Residential NA Condo!Townhomes- 22 Dwelling Units Industrial ( INO) Light Industrial Self-Storage Faatity Light lndusttial-168,468 SF <(FAR=0.85) 911 124 (1 19/5) AM, 130 (7/123) PM

Based on the review, the Traffic Division has determined that the proposed amendment meets Policy 3.5-d of the land Use Element of the Palm Beach County Comprehensive Plan at the maximum potential shown above.

Please contact me at 561..064·4030 or email to [email protected] with any questions.

Sincerely,

4·~· Ouazi Sari, P .E. Senior Professional Engineer- Traffic Division

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Exhibit 6 Water & Wastewater Provider LOS Letter

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Exhibit 7 Disclosure of Ownership Interests

PALM BEACH COUNTY - ZONING DIVISION FORM#....Q!L

DISCLOSURE OF OWNERSHIP INTERESTS- APPLICANT

[TO BE COMPLETED AND EXECUTED ONLY WHEN THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY]

TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA COUNTY OF PALM BEACH

BEFORE ME, the undersigned authority, this day personally appeared Christopher Capozzoli , hereinafter referred to as "Affiant," who

being by me first duly sworn, under oath, deposes and states as follows:

1. Affiant is the [] individual or (X] ...JMl!.!.!!lan,_,a,.ge,r _________ [position---€.g.,

president, partner, trustee] of Burlington Self Storage of Lake Worth [-name e.g., ABC Corporation, XYZ Limited Partnership], (hereinafter, "Applicant"}. Applicant seeks Comprehensive Plan amendment or Development Order approval for real property legally described on the attached Exhibit "A" (the "Property"}.

2. Affiant's address is: 114 West Street

Wilmington, MA 01887

3. Attached hereto as Exhibit "B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Applicant. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of Applicant's application for Comprehensive Plan amendment or Development Order approval. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of the Applicant.

5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Applicant that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval.

6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath.

7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete.

Disclosure of Beneficial Interest- Applicant form Revised 08/25/2011 Page 1 of 4 Web Format 2011

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18-SCA FLUA Amendment Staff Report E - 15 Burlington Self Storage (SCA 2018-001)

PALM BEACH COUNTY- ZONING DIVISION FORM# _Q!L

FURTHER AFFIANT SAYETH NAUGHT.

q~g?L Christopher M. Capozzoli , Affiant

(Print Affiant Name)

The foregoing instrum n was ac 20Jl]L, by ' known to me or [ ] who has produced _______________ _

as identification and who did take an oath.

Disclosure of Beneficial Interest - Applicant form Page 2 of4

--r_tWt~ )2 ~r

~ (Print Notary Name)

NOTARY PUBLIC

State of Florida at Large ., .£1 j

1 My Commission Expires: ~ 7

Revised 08/25/2011 Web Format 2011

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PALM BEACH COUNTY- ZONING DIVISION FORM#_Q§_

EXHIBIT"A"

PROPERTY

PARCEL I

fl"HE SOUTHWEST 1/4 OF TRACT THIRTEEN (13), IN THE SOUTHWEST QUARTER (SOUTHWEST 1/4) OF SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLATTHEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 3, PAGE 10, LESS THE SOUTH 40 FEET THEREOF FOR HIGHWAY PURPOSES, AND LESS THE NORTH 14.00 FEET OF THE SOUTH 54.00 FEET OF THE WEST ONE QUARTER (W 1/4) OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHWEST ONE QUARTER (SW 1/4) OF THE SOUTHWEST ONE QUARTER (SW 1/4) OF SAID SECTION 3~.

PARCEL II

~HE SOUTHEAST ONE-QUARTER (SE 1/4) OF TRACT 13 OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 36, TOWNSHIP 44S, RANGE42E, PLAT OF SEC. 36-T. 44S, R. 42E, RECORDED IN PLAT BOOK 3, PAGE 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

EXCEPTING THE SOUTH 40.00 FEET FOR LANTANA ROAD RIGHT-OF-WAY AND THE EAST 25.00 FEET FOR DESOTO ROAD RIGHT­OF-WAY. ALSO EXCEPTING ACQUISITION PARCEL NO. 119 (ADDITIONAL RIGHT-Of-WAY FOR LANTANA ROAD) MORE PARTICULAIRLY DESCRIBED AS FOLLOWS:

A PARCEL OF LAND SITIUATE IN SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCI'IG ATTHE SOUTHWEST CORNER OF SAID SECTION 36; THENCE, SOUTH 88'29'51" EAST, ALONG THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 843.31 FEET THENCE, NORTH 01 '30'09" EAST, DEPARTING FROM SAID SECTION LINE, A DISTANCE OF 40.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF LANTANA ROAD AND THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING; THENCE, NORTH 02'02'30' EAST, ALONG THE WEST LINE OF THE EAST ONE-HALF (E 112) OF THE WEST ONE-HALF 'IN 1/2) OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHWEST ONE­QUARTER (SW 1/4) OF SAID SECTION 36, A DISTANCE OF 14.00 FEET; THENCE, SOUTH 88'29'51" EAST, ALONG A LINE 14.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO SAID RIGHT -OF-WAY LINE, A DISTANCE OF 118.56 FEET; tfHENCE, NORTH 46'45'39 EAST, DEPARTING FROM SAID PARALLEL LINE, A DISTANCE OF 35.52 FEET TO THE WESTERLY RIGHT­OF-WAY LINE OF DESOTO ROAD; THENCE, SOUTH 02'01 '10" WEST, ALONG SAID WESTERLY RIGHT-OF-WAYLINE, A DISTANCE OF 39.00 FEET; THENCE NORTH 88'29'51" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 143.57 FEET TO THE POINT OF BEGINNING.

OTAL ACREAGE ~.55 ACRES, MORE OR LESS.

isclosure of Beneficial Interest - Applicant form age 3 of 4

Revised 08/25/2011 Web Format 2011

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PALM BEACH COUNTY- ZONING DIVISION FORM#~

EXHIBIT "8"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

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

Name Address

No other persons have ownership in this company

Disclosure of Beneficial Interest- Applicant form Page4 of4

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PALM BEACH COUNTY- ZONING DIVISION FORM # _illL

DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY

[TO BE COMPLETED AND EXECUTED 8 Y THE PROPERTY OWNER($) FOR EACH APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT OR DEVELOPMENT ORDER]

TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA COUNTY OF PALM BEACH

BEFORE ME, the undersigned authority, this day personally appeared Lis fL Si I v A. , hereinafter referred to as "Affiant," who

being by me first duly sworn, under oath, deposes and states as follows:

1. Affiant is the [~dividual or [ ] [position - e.g. , president, partner, trustee] of [name and type of entity - e.g., ABC Corporation, XYZ Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit "A" (the "Property") . The Property is the subject of an application for Compre.hensive Plan amendment or Development Order approval with Palm Beach County.

2. Affiant's address is: cJo "7175'. FlD..t)\-E'v D....-·15ui+e 5DO Wt'~ ?a....l"""' Bet1...c...lt, t::"L- 33\.fo f

' 3. Attached hereto as Exhibit "B" is a complete listing of the names and addresses of

every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of any and all individuals or entities holding a five percent or greater interest in the Property.

5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval.

6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath.

Disclosure of Beneficial Interest - Ownership form Page 1 of 4

Revised 08/25/2011 Web Format 2011

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PALM BEACH COUNTY- ZONING DIVISION FORM# _lliL

7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete.

(Print Affiant Name)

The foregoing instrument was acknowledged before me thisc)'f"day o::.;f....,::;;::......:.,,__--''-20fl, by L1 St:l S; I v c..... , [ ho is personally known to me or [ ] who has produced ________________ _

as identification and who did take an oath.

Disclosure of Beneficial Interest - Ownership form Page 2 of 4

~tf;_~ -:::fe a nL ·fh__ U J2 pe /

(Print Notary Name) I / NOTARY PUBLIC

State of Florida at Large

My Commission Expires: ___ _ _

Revised 08/25/2011 Web Format 2011

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PALM BEACH COUNTY - ZONING DIVISION FORM # _m_

DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY

[TO BE COMPLETED AND EXECUTED BY THE PROPERTY OWNER(S) FOR EACH APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT OR DEVELOPMENT ORDER]

TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE

STATE OF FLORIDA COUNTY OF PALM BEACH

BEFORE ME, the undersigned authority, this day personally appeared l<otlLVI.dD c;;:j IV l.\... , hereinafter referred to as "Affiant," who

being by me first duly sworn, under oath, deposes and states as follows:

1. Affiant is the [~ividual or [ ] [position - e.g., president, partner, trustee] of {name and type of entity - e.g., ABC Corporation, XYZ Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit "A" (the "Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with Palm Beach County.

2. Affiant's address is: ,_C-"'"Il--'o...L__ G-u __ "-_S_+e _ _ r _ _ ---;;::---------

"777 5'. RCl.j lev- bv-·3 S: ui+e SoD wes+ "PalM Be.~ 1 Ft.- 3.3'{0[

3. Attached hereto as Exhibit "B" is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of any and all individuals or entities holding a five percent or greater interest in the Property.

5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval.

6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath.

Disclosure of Beneficial Interest - Ownership form Page 1 of 4

Revised 08/25/2011 Web Format 2011

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PALM BEACH COUNTY- ZONING DIVISION FORM#_Q2_

7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete.

FURTHER AFFIANT SAYETH NAUGHT.

?~ __ '?-=-~c.=l..A_t>J__,c_'P..=0----'5'-'J-'t._V-=:..+_,___, Affiant

(Print Affiant Name)

The foregoing instrum,ent was ackn?wledged before me this /1~ay .91- Apr, l , 20_!_'!_, by RoJtVJdo S, I~ , ( >1who is personally

known to me or [ ] who has produced----------------­as identification and who did take an oath.

Disclosure of Beneficial Interest - Ownership form Page 2 of 4

Notary Publ1c

b o._(hJ tvt0 6 · ~ (Print Notary Name)

NOTARY PUBLIC

State of Florida at Large

My Commission Expires:

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PALM BEACH COUNTY- ZONING DIVISION FORM#_QL

EXHIBIT "A"

PROPERTY

PARCEL I

lfHE SOUTHWEST 1/4 Of TRACT THIRTEEN (13), IN THE SOUTHWEST QUARTER (SOUTHWEST 1 /4) Of SECTION 36, TOWNSHIP 44 fSOUTH, RANGE 42 EAST, ACCORDING TO THE PLA TTHEREOF ON FILE IN THE OFFICE Of THE CLERK OF THE CIRCUIT COURTIN AND FOR PALM BEAGl COUNTY, FLORIDA. RECORDED IN PLAT BOOK 3, PAGE 10, LESS THE SOUTH 40 FEET THEREOF FOR HIGHWAY PURPOSES, AND LESS THE NORTH 14.00 FEET Of THE SOUTH 54.00 FEET OF THE WEST ONE QUARTER fW 1/4) Of THE EAST ONE-HALF (E 112) OF THE SOUTHWEST ONE QUARTER (SW 1/4) Of THE SOUTHWEST ONE QUARTER (SW 1/4) Of SAID SECTION 36.

PARaL II

THE SOUTHEAST ONE-QUARTER (SE 114) OF TRACT 13 OF THE SOUTHWEST ONE .QUARTER (SW 1/4) Of SECTION 36, TOWNSHIP 44S, RANGE 42E,PLATOF SEC.36-T.44S, R.42E. RECORDED IN PLATBOOK3, PAGE 10,0FTHE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.

EXCEPTING THE SOUTH 40.00 FEET FOR LANTANA ROAD RIGHT -Qf-WAY AND THE EAST25.00 FEET FOR DESOTO ROAD RIGHT-Of· WAY. ALSO EXCEPTING ACQUISITION PARCEL NO. 119 (ADDITIONAL RIGHT-oF-WAY FOR LANTANA ROAD) MORE PARTICULAIRLY DESCRIBED AS FOLLOWS:

A PARCEL Of LAND StnUATE IN SECTION 36, TOWNSHIP 44 SOUTH, RANGE 42 EAST, PALM BEAGl COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENONG ATll-IE SOUll-IWEST CORNER OF SAID SECTION 36; THENCE, SOUTH 88'29'51• EAST, ALONG THE SOUTH LINE Of SAID SECTION 36, A DISTANCE OF 843.31 FEET THENCE, NORTH 01'30'09" EAST, DEPARTING FROM SAID SECTION LINE, A DISTANCE OF 40.00 FEET TO THE NORTH RIGHT -QF-WAY LINE Of LANTANA ROAD AND THE POINT OF BEGINNING; FROM THE POINT OF BEGINNING; THENCE, NORTH 02' 02'30' EAST, ALONG THE WEST LINE Of THE EAST ONE-HALF (E 1/2) OF THE WEST ONE-HALF (W 112) OF THE EAST ONE-HALF (E 1/2) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 36, A DISTANCE OF 14.00 FEET; THENCE, SOUTH 8B"29'S 1" EAST, ALONG A UNE 14.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO SAID RIGHT-Of-WAY LINE, A DISTANCE Of 118.56 FEET; THENCE, NORTH 46'45'39 EAST, DEPARTING FROM SAID PARAULEL LINE, A DISTANCE OF 35.52 FEETTO THE WESTERLY RIGHT-OF-WAY LINE OF DESOTO ROAD; tfHENCE, SOUTH 02"01'10" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 39.00 FEET; THENCE NORTH 88'29'51' WEST, ALONG SAID NORTH RIGHT -Qf·WAY UNE, A DISTANCE Of 143.57 FEET TO THE POINT OF BEGINNING.

ifOTAL ACREAGE ~55 ACRES, MORE OR LESS.

Disclosure of Beneficial Interest- Ownership form Page 3 of4

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PALM BEACH COUNTY - ZONING DIVISION FORM #_Q.L

EXHIBIT "B"

DISCLOSURE OF OWNERSHIP INTERESTS- PROPERTY

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

Name

'!;< o l (Lllt..cio s;, \ v o._

LtSC<- SI\\JO-

Disclosure of Beneficial lnlerest Ownership form Page 4 of 4

Address

SCL~ Q..S Q__. \oo ..r --e.._ r:'_g s ~ V'>LQ_ o...-:::. Q. \o~ .r ..A- \g I

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Exhibit 8

Correspondence