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PALM BEACH COUNTY PLANNING_ ZONING AND BUILDING DEPARTMENT ZONING

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PALM BEACH COUNTY PLANNING_ ZONING AND BUILDING DEPARTMENT ZONING Powered By Docstoc
					                            PALM BEACH COUNTY
                 PLANNING, ZONING AND BUILDING DEPARTMENT
                              ZONING DIVISION




Application No.:     DOA2005-024
Control No.:         1997-032
Applicant:           A T & T Corp
Owners:              A T & T Corp
Agent:               Moyle, Flanigan - Chuck Millar
Telephone No.:       (561) 822-0333
Project Manager:     Kristin Tetsworth, Senior Planner
______________________________________________________________________

Location: South of Glades Road on the west side of Boca Rio Road (Space Plus).
______________________________________________________________________

Title: Development Order Amendment. Request: To add land area and reconfigure
site plan.
______________________________________________________________________

PETITION SUMMARY: Proposed is a Development Order Amendment (DOA) to add
land area, reconfigure the site plan and modify conditions of approval for the Expert
Auto Transport, Inc. The Board of County Commissioners approved the 3.0-acre site
on December 4, 1997 for an auto transport facility, which currently remains unbuilt. The
applicant is proposing to add a 1.79-acre parcel of land to the site for a total of 4.79
acres. The proposed site plan shows 2 buildings totalling 71,692 square feet of
warehouse and 172 parking spaces. Access to the 4.79-acre subject property will
remain from an access easement through the Boca Rio Center.
______________________________________________________________________

ISSUES SUMMARY:

o      Conditional Overlay Zone (COZ)

The applicant has agreed to a Conditional Overlay Zone (COZ). A COZ is required to
modify or restrict the use and site development standards authorized in the underlying
standard zoning district to prevent, minimize or mitigate adverse impacts upon the
surrounding land uses. Conditions shall be included when the applicable standards are
inadequate to protect the surrounding land uses. Staff recommends a COZ due to the
potential negative impact on the residential uses both to the north and west of the
subject parcel. In addition, the COZ ensures compliance of engineering conditions of
approval.

o      Consistency with Comprehensive Plan

The Planning Division has determined that the request is consistent with the site’s
Industrial (IND), Future Land Use (FLU) designation. See Planning Division Comments
for additional information.

o      Compatibility with Surrounding Land Uses

To the north of the subject property is the L-46 LWDD canal, with a mobile home park
beyond. To the south is a post office. To the east is the Boca Rio Center, a office and
warehouse facility and a self service storage facility; and to the west are townhouses in
Mizner Point. Subject to the provision of the required landscape buffers and the

BCC                             September 22, 2005                       Page 117
Application No. DOA-2005-024      BCC District 05
Control No. 1997-032
Project No. 05402-000
recommended conditions of approval, staff does not anticipate any adverse impacts to
the surrounding properties from the requests.

o      Traffic

The Engineering Department estimates that the total traffic generated by the request is
232 trips per day.


o      Landscape/Buffering

A 20-foot Type 3 Incompatibility landscape buffer will be provided along the north and
west residential property lines. This buffer provides a 6-foot high wall with planting on
both sides of the wall. A 5-foot landscape buffer will be provided on the southern and
eastern property lines where the site abuts a post office and warehouse respectively.
The applicant is proposing to provide foundation plantings all along the north and south
facades of the proposed buildings, which meet ULDC requirements.

o      Signs

The subject property does not have frontage on an existing right-of-way therefore,
freestanding signs are not requested or permitted. Wall signs are permitted subject to
ULDC Table 8.G.1.A-4. The standards allow 1.0 square feet per linear foot of tenant
frontage with a maximum of 64 square feet of sign face area per tenant.

o      Board of Adjustment

November 18, 2004 - At the Board of Adjustment Hearing, a variance was approved
allowing deviation from the ULDC requirement for frontage along an arterial or collector
street. The subject site is landlocked and has legal access via a recorded access
easement. The Board of Adjustment Development Order for this variance expires on
November 18, 2005, which is one year from approval. Further, the applicant is required
to obtain a building permit prior to November 18, 2005 for the proposed development in
order to vest the variance pursuant to BA 2004-649.

o      Development Order Amendment – Changed Circumstances

The applicant indicates in the Justification Statement that the previously approved auto
transport facility has not been constructed yet. Further, AT&T intends to sell the parcel
and the applicant will be able to combine it with the adjacent parcel to be developed as
a warehouse facility. Therefore, due to the change in intended uses, it is necessary to
also delete the use limitations relating to the auto transport facility imposed by
Resolution No. 097-2076. The modifications proposed will have virtually no external
impacts outside the project boundaries.

o      ZONING COMMISSION (ZC) HEARING SEPTEMBER 1, 2005

The Space Plus (DOA2005-024) application has a concurrent application, Boca Rio
Center (DOA2005-023). Both applications were placed on the Regular Agenda for this
Hearing. There were no comments or representation from the public. The agent for the
applicant agreed to the Conditions of Approval as modified and reflected on the
add/delete sheet regarding the Zoning–Use Limitation Condition 2 which restricts the
hours of operation for delivery and loading activities yet allows tenants to utilize their
office space with no hourly restrictions. The ZC voted unanimously to recommend
approval of the request.

_____________________________________________________________________




BCC                             September 22, 2005                        Page 118
Application No. DOA-2005-024      BCC District 05
Control No. 1997-032
Project No. 05402-000
                                    TABULAR DATA


                                        EXISTING                     PROPOSED

 Property Control              00-42-43-27-05-079-0030        Same
 Number(s)
 Land Use                      Industrial (IND)               Same
 Designation:
 Zoning District:              Light Industrial               Same
                               District/Conditional Overlay
                               Zone (IL/COZ)
                                Light Industrial/Special
                               Exception (IL/SE)
 Tier:                         Urban/Suburban                 Same
 Use:                          Vacant                         Warehouse

 Acreage:                      3.0 acres                      4.79 acres
 Floor Area:                   2,400 s.f. approved            71,692 s.f.
 Building Coverage:            None                           33%
 FAR:                          None                           0.32
 Parking:                      None                           172 spaces
 Access:                       50 foot ingress/egress         Same
                               easement from Boca Rio
                               Road

______________________________________________________________________

CODE ENFORCEMENT: N/A
______________________________________________________________________

PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 9 letters
of opposition and 1 in support to the request. The comment indicated concern with
noise, lighting and privacy.
______________________________________________________________________

ZONING COMMISSION ACTION: At the September 1, 2005 hearing the ZC
recommended approval of the application unanimously.
______________________________________________________________________

RECOMMENDATION: Staff recommends approval of the request, subject to 15
Conditions of Approval as indicated in Exhibit C.
 _____________________________________________________________________

MOTION: To abandon the previous Resolution R-1997-2076.
_____________________________________________________________________

MOTION: To adopt a resolution approving a Development Order Amendment to add
land area and reconfigure the site plan.
______________________________________________________________________




BCC                                 September 22, 2005                      Page 119
Application No. DOA-2005-024          BCC District 05
Control No. 1997-032
Project No. 05402-000
BCC                            September 22, 2005   Page 120
Application No. DOA-2005-024     BCC District 05
Control No. 1997-032
Project No. 05402-000
BCC                            September 22, 2005   Page 121
Application No. DOA-2005-024     BCC District 05
Control No. 1997-032
Project No. 05402-000
                        AERIAL PHOTOGRAPH NOT INCLUDED
                          IN ELECTRONIC STAFF REPORT




BCC                            September 22, 2005        Page 122
Application No. DOA-2005-024     BCC District 05
Control No. 1997-032
Project No. 05402-000
                                     SITE PLAN
                                 DATED JULY 18, 2005




BCC                            September 22, 2005      Page 123
Application No. DOA-2005-024     BCC District 05
Control No. 1997-032
Project No. 05402-000
                                 REGULATING PLAN
                                DATED JULY 18, 2005




BCC                            September 22, 2005     Page 124
Application No. DOA-2005-024     BCC District 05
Control No. 1997-032
Project No. 05402-000
                               STAFF REVIEW AND ANALYSIS

PLANNING DIVISION COMMENTS:

FUTURE LAND USE (FLU) PLAN DESIGNATION: Industrial (IND)

Underlying Land Use: N/A

CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The
Planning Division has reviewed the request for a Development Order Amendment to
add 1.79 acres to develop a warehouse in the Light Industrial zoning district. No
inconsistencies have been identified with the parcel's FLU designation. The proposed
request for a total of 71,692 square feet is consistent with the maximum Floor Area
Ratio (FAR) of .45 for a site with an IND FLU designation. A maximum of 93,893
square feet can be constructed on the site (4.79 acres x 43,560 x .45 = 93,893 square
feet). The applicant has requested a FAR of approximately .34.

TIER: The subject property is in the Urban/Suburban Tier.

FUTURE ANNEXATION AREAS/INTERGOVERNMENTAL COORDINATION: The
subject site is located within one mile of the City of Boca Raton. As part of the public
hearing notice process, Zoning Staff has notified the municipality of the request.

SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA:
N/A.

FINDINGS: The request is consistent with the IND land use designation of the Palm
Beach County Comprehensive Plan.
______________________________________________________________________

ENGINEERING COMMENTS:

MAJOR THOROUGHFARES

Addition of land area will not result in an increase in Traffic. Increase in traffic has been
identified in the previous application for additional office ware house space.

     TRAFFIC: Boca Rio Road
     SEGMENT: Project entrance to Glades Road
     PRESENT: 17916
     HISTORICAL
     GROWTH TRAFFIC: -
     OTHER DEVELOPMENT
     TRAFFIC: -
     FROM PETITION: no increase in Traffic
     TOTAL: 17916
     PRESENT CAPACITY AT
     LEVEL OF SERVICE “D”: 15,400
     PRESENT LANEAGE: 2 lane
______________________________________________________________________

PALM BEACH COUNTY HEALTH DEPARTMENT:

WATER: Water is available to the property. Therefore, no well shall be permitted on the
site to provide potable water. All existing onsite potable water supply systems shall be
abandoned in accordance with Palm Beach County ECR-II.

SEWER: Water is available to the property. Therefore, no well shall be permitted on the
site to provide potable water. All existing onsite potable water supply systems shall be
abandoned in accordance with Palm Beach County ECR-II.
_____________________________________________________________________
BCC                               September 22, 2005                         Page 125
Application No. DOA-2005-024        BCC District 05
Control No. 1997-032
Project No. 05402-000
ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS:

VEGETATION PROTECTION: The site is currently unimproved and contains no native
vegetation.

WELLFIELD PROTECTION ZONE: The property is not located within a Wellfield
Protection Zone.

IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new
installations of automatic irrigation systems shall be equipped with a water sensing
device that will automatically discontinue irrigation during periods of rainfall pursuant to
the Water and Irrigation Conservation Ordinance No. 93 3. Any non stormwater
discharge or the maintenance or use of a connection that results in a non stormwater
discharge to the stormwater system is prohibited pursuant to Palm Beach County
Stormwater Pollution Prevention Ordinance No. 93 15.

ENVIRONMENTAL IMPACTS: There are no significant environmental issues
associated with this petition beyond compliance with ULDC requirements.
______________________________________________________________________

OTHER:

FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide
fire protection.

SCHOOL IMPACTS: N/A

PARKS AND RECREATION: N/A

CONCURRENCY: Concurrency has been approved for 71,692 square feet of
warehouse uses and 172 parking spaces.

WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department.

FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the
ULDC, Concurrency (Adequate Public Facility Standards).
______________________________________________________________________

DEVELOPMENT REVIEW EVALUATION:

SITE FACTORS: A 4.79 acre site, 330 feet in width with an average depth of
approximately 632 feet accessed by a 50 foot ingress easement to Boca Rio Road. The
site is currently undeveloped.

ADJACENT LAND USE AND ZONING:

       NORTH:        Comprehensive Plan:         Industrial (IND)
                     Zoning District:            Agricultural Residential
                     Supporting:                 Mobile Home Park


       SOUTH:         Comprehensive Plan:        Industrial (IND)
                      Zoning District:           Industrial General (IG)
                      Supporting:                Post Office


       EAST:         Comprehensive Plan:         Industrial (IND)
                     Zoning District:            Light Industrial (IL)
                     Supporting:                 Office Warehouse




BCC                              September 22, 2005                         Page 126
Application No. DOA-2005-024       BCC District 05
Control No. 1997-032
Project No. 05402-000
       WEST:         Comprehensive Plan:         High Residential 8 (HR)
                     Zoning District:            Mizner Point PUD
                     Supporting:                 Townhouse Units

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

FINDINGS:

1.     Consistent with Comprehensive Plan. As proposed and conditioned herein, the
       Planning Division has determined that the request is consistent with the site’s
       Future Land Use (FLU) designation, as well as the purposes, goals, objectives
       and policies of the Comprehensive Plan including standards for building and
       structural intensities and densities, and intensities of use;

2.     Supplementary Use Standards. The proposed Development Order Amendment
       is not in conflict with any portion of the ULDC, both the general requirements of
       the light industrial zoning district and the Supplementary Standards, and is
       consistent with the stated purpose and intent of the ULDC.

3.     Compatibility. The request is compatible as defined in the Code and generally
       consistent with the uses and character of the land surrounding and in the vicinity of
       the land proposed for development;

4.     Design Minimizes Adverse Impact. The design of the proposed use minimizes
       adverse effects, including visual impact and intensity of the proposed use on
       adjacent lands with the extensive landscape buffer requirements combined with
       designing the bay doors of the warehouse buildings to have an inward orientation ;

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

6.     Design Minimizes Environmental Impact. The proposed design/layout of the
       warehouse facility use minimizes environmental impacts, including but not limited
       to water, air, stormwater management, wildlife, vegetation, wetlands and the
       natural functioning of the environment.

7.     Development Patterns. Properties immediately surrounding the subject site
       have been developed as high density residential, industrial, and government
       services, therefore, the proposed request is in keeping with the nature of the
       adjacent properties and would have no adverse impact on local development
       trends or patterns.

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

9.     Consistency with Neighborhood Plans. The proposed development is not
       inconsistent with applicable neighborhood plans.

10.    Changed Circumstances. When the Expert Auto Transport facility was originally
       approved with a use limitation, (R-1997-2076, Petition COZ97-32), the applicant
       intended to develop the site with the auto transport facility. Since that time, the
       current owner, AT&T has decided to sell this parcel together with the adjacent
       property to the north because there is a demonstrated need for office warehouse
       projects in the immediate area. Therefore, it is necessary to obtain approval of the
       request for a Development Order Amendment to delete the Conditional Overlay
       Zone (COZ), reconfigure the site plan and add square footage. Staff has
       determined that the conditions relating to the auto transport facility are no longer
BCC                              September 22, 2005                        Page 127
Application No. DOA-2005-024       BCC District 05
Control No. 1997-032
Project No. 05402-000
     applicable, however, the COZ should remain in effect to mitigate any potential
     adverse impact to the surrounding residential uses.
______________________________________________________________________

                                         EXHIBITS

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

       Exhibit B:     Vicinity Sketch

       Exhibit C:     Conditions of Approval

       Exhibit D:     Accident History Report




BCC                               September 22, 2005                    Page 128
Application No. DOA-2005-024        BCC District 05
Control No. 1997-032
Project No. 05402-000
                                        EXHIBIT C

                               CONDITIONS OF APPROVALS

ALL PETITIONS

       1.     Development of the site is limited to the uses and site design as approved
              by the Board of County Commissioners. The approved site plan is dated
              July 18, 2005. All modifications must be approved by the Board of County
              Commissioners unless the proposed changes are required to meet
              conditions of approval or are in accordance with the ULDC. (ONGOING:
              ZONING-Zoning)

ENGINEERING

       1.     In order to comply with the mandatory Traffic Performance Standards, the
              property owner shall be restricted to the following phasing schedule:
              - No Building Permits for the site may be issued after January 1, 2009.
              A time extension for this condition may be approved by the County
              Engineer based upon an approved Traffic Study which complies with
              Mandatory Traffic Performance Standards in place at the time of the
              request.     This extension request shall be made pursuant to the
              requirements of Article 2 Section E of the Unified Land Development
              Code. (DATE: MONITORING-Eng)

       2.     The property owner shall construct:

              a. Left turn lane south approach on Boca Rio Road at the Project's
                 Entrance Road.
              b. Right turn lane north approach on Boca Rio Road at the Project's
                 Entrance Road.

              This construction shall be concurrent with the paving and drainage
              improvements for the site. Any and all costs associated with this
              construction shall be paid by the property owner. These costs shall
              include, but are not limited to, utility relocations and acquisition of any
              additional required right-of-way. The property owner may elect to provide
              entrance modifications at the project entrance and Boca Rio Road in lieu
              of the right turn lane as required in “b” above. These entrance
              modifications shall be subject to the approval of the County Engineer.

              1)     Permits required by Palm Beach County for the construction in a.
                     and b. shall be obtained prior to the issuance of the first Building
                     Permit. (BLDG PERMIT: MONITORING-Eng)
              2)     Construction for the improvements in a. and b. above shall be
                     completed prior to the issuance of the first Certificate of
                     Occupancy. (CO: MONITORING Eng)

       3.     There shall be paved access provided from Boca Rio Road to the site. All
              new construction shall be minimum of two (2) 12-foot travel lanes in
              accordance with non-plan collector street standards.

              a.     This construction shall be concurrent with the paving and drainage
                     improvements for the site. Any and all costs associated with the
                     construction shall be paid by the property owner. These costs shall
                     include, but are not limited to, utility relocations and acquisition of
                     any additional required right-of-way.
              b.     Permits required by Palm Beach County for this construction shall
                     be obtained prior to the issuance of the first Building Permit.
                     (BLDG PERMIT: Monitoring-Eng)


BCC                               September 22, 2005                       Page 129
Application No. DOA-2005-024        BCC District 05
Control No. 1997-032
Project No. 05402-000
              c.     Construction shall be completed prior to the issuance of the first
                     Certificate of Completion or Certificate of Occupancy whichever
                     occurs first. (CC/CO: MONITORING-Eng)

HEALTH

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

UTILITIES

       1.     If any relocations/modifications to the County's existing facilities are
              required that are a direct or indirect result of the development, the property
              owner/developer shall pay for the complete design and construction costs
              associated with these relocations/modifications. (DRO: UTIL-Util)

ZONING -LANDSCAPING-STANDARD

       1.     All canopy trees required to be planted on site by this approval shall meet
              the following minimum standards at installation:

              a.     tree height: fourteen (14) feet;
              b.     trunk diameter: 3.5 inches measured 4.5 feet above grade;
              c.     canopy diameter: seven (7) feet. Diameter shall be determined by
                     the average canopy radius at 3 points measured from the trunk to
                     the outermost branch tip. Each radius shall measure at least 3.5
                     feet in length; and,
              d.     credit may be given for existing or relocated trees provided they
                     meet current ULDC requirements. (BLDG PERMIT: LANDSCAPE-
                     Zoning)

       2.     All palms required to be planted on site by this approval shall meet the
              following minimum standards at installation:

              a.     palm heights: twelve (12) feet clear trunk or grey wood, whichever
                     is greater;
              b.     clusters: staggered heights twelve (12) to eighteen (18) feet; and,
              c.     credit may be given for existing or relocated palms provided they
                     meet current ULDC requirements. (BLDG PERMIT: LANDSCAPE-
                     Zoning)

       3.     Field adjustment of berm and plant material locations may be permitted to
              provide pedestrian sidewalks/bike paths and to accommodate transverse
              utility or drainage easements crossings and existing vegetation. (BLDG
              PERMIT: LANDSCAPE-Zoning)

       4.     Berm height shall be measured from the nearest top of curb or the nearest
              finished floor elevation, whichever is higher.         (BLDG PERMIT:
              LANDSCAPE-Zoning)


LANDSCAPING ALONG THE NORTH AND WEST PROPERTY LINES (ABUTTING
RESIDENTIAL AND LWDD L-46 CANAL)

       1.     In addition to ULDC requirements, landscaping and buffering requirements
              along the north and west property lines shall be upgraded to include:

BCC                              September 22, 2005                        Page 130
Application No. DOA-2005-024       BCC District 05
Control No. 1997-032
Project No. 05402-000
              a.     a minimum twenty (20) foot wide landscape buffer strip;
              b.     a continuous two-and one half (2.5) foot high berm. Berm height
                     shall be measured from the nearest top of curve or the nearest
                     finished floor elevation, whichever is higher;
              c.     a six (6) foot high concrete panel wall to be located on the plateau
                     of the berm. The finished architectural treatment shall be consistent
                     with the color and style of the principal structure;
              d.     one (1) palm for each thirty (30) linear feet of the property line with
                     a maximum spacing of sixty (60) feet between clusters; and,
              e.     all plant materials required by code or by this condition shall be
                     planted alternatively on both sides of the wall. (BLDG PERMIT:
                     LANDSCAPE-Zoning)

ZONING - USE LIMITATIONS

       1.     Overnight storage or parking of delivery-transport vehicles or trucks shall
              not be permitted on site, except within designated loading and delivery
              (ONGOING: CODE ENF-Zoning)

       2.     Hours of operation for business activities open to the public, including
              deliveries and loading activities, shall be limited to the following:

              a.     6:30 a.m. to 7:00 p.m. Monday through Friday; and,
              b.     8:00 am to 5:00 p.m. Satuday. No Sunday operation shall be
                     permitted. (ONGOING: CODE ENF - Zoning)

COMPLIANCE

       1.     In granting this approval, the Board of County Commissioners relied upon
              the oral and written representations of the petitioner both on the record
              and as part of the application process. Deviations from or violation of
              these representations shall cause the approval to be presented to the
              Board of County Commissioners for review under the compliance
              condition of this approval. (ONGOING: MONITORING - Zoning)

       2.     Failure to comply with any of the conditions of approval for the subject
              property at any time may result in:

              a.     The issuance of a stop work order; the issuance of a cease and
                     desist order; the denial or revocation of a building permit; the denial
                     or revocation of a Certificate of Occupancy; the denial of any other
                     permit, license or approval to any developer, owner, lessee, or user
                     of the subject property; the revocation of any other permit, license
                     or approval from any developer, owner, lessee, or user of the
                     subject property; revocation of any concurrency; and/or
              b.     The revocation of the Official Map Amendment, Conditional
                     Use,Requested Use, Development Order Amendment, and/or any
                     other zoning approval; and/or
              c.     A requirement of the development to conform with the standards of
                     the ULDC at the time of the finding of non-compliance, or the
                     addition or modification of conditions reasonably related to the
                     failure to comply with existing conditions; and/or
              d.     Referral to code enforcement; and/or
              e.     Imposition of entitlement density or intensity.

              Staff may be directed by the Executive Director of PZ&B or a Code
              Enforcement Special Master to schedule a Status Report before the body
              which approved the Official Zoning Map Amendment, Conditional Use,
              Requested Use, Development Order Amendment, and/or other zoning
              approval, in accordance with the provisions of Article 2.E of the ULDC, in
              response to any flagrant violation and/or continued violation of any
              condition of approval.
BCC                              September 22, 2005                        Page 131
Application No. DOA-2005-024       BCC District 05
Control No. 1997-032
Project No. 05402-000
              Appeals of any departmental administrative actions hereunder may be
              taken to the Palm Beach County Board of Adjustment or as otherwise
              provided in the Unified Land Development Code (ULDC), as amended.
              Appeals of any revocation of an Official Zoning Map Amendment,
              Conditional Use, Requested Use, Development Order Amendment or
              other actions based on a Board of County Commission decision shall be
              by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING:
              MONITORING - Zoning)




BCC                              September 22, 2005                         Page 132
Application No. DOA-2005-024       BCC District 05
Control No. 1997-032
Project No. 05402-000
                                       EXHIBIT D

                               ACCIDENT HISTORY REPORT




BCC                                September 22, 2005    Page 133
Application No. DOA-2005-024         BCC District 05
Control No. 1997-032
Project No. 05402-000