RESOLUTION NO. R-94- 642

RESOLUTION APPROVING ZONING PETITION EAC92-13(A)DEVELOPMENT ORDER AMENDMENTPETITION OF NEW HOPE SUGAR CO.

WHEREAS, the Board of County Commissioners, as the governingbody of Palm Beach County, Florida, pursuant to the authorityvested in Chapter 163 and Chapter 125, Florida Statutes, isauthorized and empowered to consider petitions relating to zoning;and

WHEREAS, the notice and hearing requirements, as provided forin Article 5 of the Palm Beach County Land Development Code, havebeen satisfied; and

WHEREAS, Zoning Petition FAC92-13(A) was presented to theBoard of County Commissioners at a public hearing conducted on May26, 1994; and

WHEREAS, the Board of County Commissioners has considered theevidence and testimony presented by the petitioner and otherinterested parties, and the recommendations of the various countyreview agencies; and

WHEREAS, this approval is subject to Article 5, section 5.8(Compliance with Time Limitations), of the Palm Beach County LandDevelopment Code and other provisions requiring that developmentcommence in a timely manner; and-

WHEREAS, the Board of County Commissioners made the followingfindings of fact:

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This Development Order Amendment is consistent with thePalm Beach County Comprehensive Plan.

This Development Order Amendment complies with relevantand appropriate portions of Article 6, Supplementary UseStandards of the Palm Beach County Land Development Code.

This Development Order Amendment is consistent with therequirements of the Palm Beach County Land DevelopmentCode.

This Development Order Amendment, with conditions asadopted, is compatible as defined in the Palm Beachcounty Land Development Code and generally consistentwith the uses and character of the land surrounding andin the vicinity of the land proposed for development.

This Development Order Amendment, with conditions asadopted, complies with standards imposed on it byapplicable provisions of the Palm Beach County LandDevelopment Code for use, layout, function, and generaldevelopment characteristics.

This Development Order Amendment meets applicable localland development regulations.

This Development Order Amendment, with conditions asadopted, minimizes adverse effects, including visualimpact and intensity of the proposed use on adjacentlands.

This Development Order Amendment has a concurrencyreservation and therefore complies with Art. 11 (AdequatePublic Facility Standards) of the Palm Beach County LandDevelopment Code.

Petition No. EAC92-13(A) Page 1

9 . This Development Order Amendment, with conditions asadopted, minimizes environmental impacts, including butnot limited to water, air, stormwater management,wildlife, vegetation, wetlands and the naturalfunctioning of the environment.

10. This Development Order Amendment, with conditions asadopted, will result in logical, timely and orderlydevelopment patterns.

WHEREAS, Article 5 of the Palm Beach County Land DevelopmentCode requires that the action of the Board of County Commissionersbe adopted by resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Zoning PetitionEAC92-13(A), the petition of New Hope Sugar Co,, for a DEVELOPMENTORDER AMENDMENT in the Agriculture Production (AP) Zoning District,to amend Condition K.l of Resolution R-93-555 (use limitations),previously approved on a parcel of land legally described inEXHIBIT A, attached hereto and made a part hereof, and generallylocated on a vicinity sketch as shown on EXHIBIT B, attached heretoand made a part hereof, was approved on May 26, 1994, subject tothe conditions of approval described in EXHIBIT C, attached heretoand made a part hereof.

Commissioner Foster moved for the approval of theResolution.

The motion was seconded by Commissioner Aaronson and, uponbeing put to a vote, the vote was as follows:

Mary McCarty, Chair seBurt Aaronson --Ken Foster --Maude Ford Lee --Karen T. Marcus --Warren Newell --Carol A. Roberts --

AYeAYeAYeAyeAYeAYeAYe

The Chair thereupon declared that the resolution was dulypassed and adopted this 26th day of May, 1994.

APPROVED AS TO FORMAND LEGAL SUFFICIENCY

PALM BEACH COUNTY, FLORIDABY ITS BOARD OF COUNTYCOMMISSIONERS

DOROTHY H. WILKEN, CLERK

BY:BY:

Petition No. EAC92-13(A) Page 2

EXHIBIT A

LEGAL DESCRIPTION

LEGAL DESCRIl’TION FOR CONGENERATION FACILlTY

Being a parcel of land lying within sections 8 and 17, Township 42 South, Range 38 East, PalmBeach County Florida Said parcel being more particularly described as follows:

Commence at the southeast comer of said Section 8, thence N 89’ 52’ 20” west (bearing assumedand all other bearings are relative thereto) along the South line of said Section 8 a distan:e of979.66 feet to the Point of Beginning of the following described parcel; thence S 00” 07’ 40”W a distance of 603.60 feet; thence N 89” 52’ 20” W parallel with and 603.60 feet South cf theSouthline of said Section 8 a distance of 1650.00 feet; thence N 00’ 07’ 40” E a distanl:e of1320.00 feet; thence S 89’ 52’ 20” E parallel with and 716.40 feet North of the Southline of’saidSection 8 a distance of 1650.00 feet; thence S 00” 07’ 40” W a distance of 716.40 feet to thePoint of Beginning.

Containing 50 00 Acres more or less.

P e t i t i o n N o . JZAC92-13(A) Paqe 3

EXHIBIT B

VICINITY SKETCH

S . R . 7 1 7+

8rM/les foPoho4ee

(from mrilj

- T 42 ST 43 S

LOCATION- SKETCH

petition No. FAC92-13(A)

:

z4*

Pa!le 4

EXHIBIT C

CONDITIONS OF APPROVAL

NOTE: All previous conditions of approval are shown in 1U)LDand will be carried forward with this petition unl.essexpressly modified herein.

A. AIR QUALITY

1. Petitioner shall:

a. Prior to initial start up, install all airpollution control devices and processes requfrdbythe Florida Department of Environmental Regulation(D-1, the United States Environmental ProtectionAgency (EPA), and as described in the environmentalreport attached hereto and made a part hereof(Rxhibit A) to include, but not be limited to:

(1) an electrostatic precipitator, designed for atleast 98% removal of particulate matter orequivalent;

(2) a thermal D-Non system designed for at least4Q% removal- of oxides of nitrogen, orequivalent; and

(3) an activated carbon injection system forcontrol of mercury emissions, or equivalent.

b. Continuously monitor and record exhaust gasopacity, oxides of nitrogen, and carbon monoxide.

C. Test stack emissions according to DER and EPAstandards at least once every six months forparticular matter, oxides of nitrogen, carbonmonoxide, sulfur dioxide, lead, meraury andvolatile organic compounds for the first two yearsof operation. If the test results for the fi.rsttwo years of operations indicate the facility isoperating in complianoe with the terms of approvaland of applicable permits and regulations, the testwill thereafter occur as required by the respectiveDRR and EPA permits, with the exception that stackemissions will be tested annually for meraurp. Inthe event the results of the first two years oftesting show non-oompliance, then the frequency oftesting shall continue to oacur onae every sixmonths until the facility achieves a sustained two-year period of complianae.

d. Not exceed the total actual annual epliSSiOnS fromthe existing boilers and those aurrently permittedfor construction at this facility. Bxaept forparticulate matter and sulfur dioxide, thefollowing figures represent the best avai;;:::estimates for the actual aurrent emissions.emissions, in tons per year, by pollutant, are:

(1) Particulate Ratter: 311.3(2) Dxides of Ritrogen 478.9(3) Carbon Monoxide: 5,895.4(4) Volatile Organio Compounds: 218.1(5) Mercury: 0.0141

Petition No. EAC92-13(A) Page 5

(45) With regard to mulfur dioxide exi~ions, thefollowing aoaditions shall l pplyx

(a) If used, coal shall be of the low su:.furvariety, and shall not exceed 0.7% su:.furby weight.

(b) Puel oil shall be lixited to low 8u.fu.rHo. 2 distillate oil and shall not ex(:eed1% sulfur by reigbt.

(a) Coal consumption shall not exceed 2531 ofthe total heat input in any calelrdarquarter.

(Paragraphs (d) through (h) apply to totalsulfur dioxide esissioas for the corbzinedfacilities of petitions 92-13 and 92-14.)

(d) Shall not exceed the current exissionr ofthe proposed project (an average of :LOOOtons of sulfur dioxide. If the lifck ofthe project exceeds thirty year8, thetotal allowable lifetime emissions ilillbe adjusted proportionately.

(0) For the case that the Palm Beach Coiiatygovernsent sakes available 200,000 ':oasof biomass fuel per year to thecogeneration facilities in Petitions 92-13 and 92-14, under the saxe terra andconditions as those in the exis,:ingOkeelanta/Palx Beach Solid W~mteAuthority mod-waste Agreexeat, thepetitioner shall:

1) not exceed 1500 tons of sulfurdioxide for that year.

2) not exceed an average of 1300tons of sulfur dioxide for Bachfive year inore3nental peri >d.

(f) For the case that the Palm Beach Coantygovernneat cannot make available the200,000 tons of biomass fuel per yeac tothe cogeaeratioa facilities in Petittons92-13 and 92-14, the petitioaer shall:

1) not exceed 1700 toas of sulfurdioxide for that year.

2) not exceed an average of 1500tons of sulfur dioxide for eachten year increxental periol.

(Q) The allowable average sulfur dio Kideemissions for the five and tea pearincrexental periods described above shallbe calculated on a weighted average forany period in rhiah both oases onaur(years in which biomass is madeavailable/years in which biosass i8 notmade available.)

Petition NO. EAC92-13(A) Page 6

(h) Sulfur dioxide uimioa8 shall inaludeall uisaioa8 from the propo8.d projaot8in Pet i t ion8 92-13 UIU 92-14 and theaurreatly 8Xi8tiAg boiler8 a t theOkeelaata and Osoeola facilities ii! inoperation during initial pro j cotoperation.

e. Rmploy all methods to COAtrOl unconfined dust andparticulate euissioas, required by local, stateand/or federal agencies.

f. Bequest in all appliaatioaa to DRR and EPA that theabove coaditioa8 become part of the correspoaliagpermits. (Previously Condition A.1 of ResolutionR-93-339, Petition 92-13) (H=TW

2. During land clearing and site preparation, Wet tiAgoperations or other soiltreatmeattechnigues appropriatefor controlling unconfined particulates, including grassseeding and mulching of disturbed areas, shall beundertaken and implemented by the Petitioner to conplywith 8tate and federal air standards. (PreviouslyCondition A.2 of Resolution R-93-339, Petition 92-13)(ZONING-Health)

3 . With the exception of clearing for acce88 roads, surveylines, construction trailera, eguipmeat staging ar0a8,fencing, and specific building sites, coaatructioa shallcommence within 90 days after completion of clearing andgrading. Any cleared soaes or areas not necessary to theoperation of the site shall be planted in grass within 90days after establishueat of finished grade. (PreviouslyCondition A.3 of Reso. R-93-339, Petition 92-13) (ZONING)

4. The petitioner shall comply at all time8 with therequirements of all permits issued by all agencies havingjurisdiatioa over the facility. (Previously ConditionA.4 of Resolution R-93-339, Petition 92-13) (HEALTH-ERM)

B. BUILDING AND SITE DESIGN

1. Maximuu total floor area shall be liaited to 10% of thetotal lot area of the subject property. (PreviouslyCondition B.l of Resolution R-93-339, Petition 92-13)(BUILDING-Zoning)

2 . Prior to site plan certification, the site plan shall beamended to iadioate a maximum five (5) acre buildingenvelope on the site and the square footage tcl becontained therein. All construction and development ofthe principal structure and accessory facilitiee 8halloaour within this envelope. All accessory use8 indicatedon the site plan outside of the building envelope shallbe subjeat to the reguiremeats and regulation8 of Section402.7(E)2(b) (Site Plan Review Comaittee Power8 andStandards of Review). uses snd building locations withinthe envelope shall not be subject to this reguireueat.(Previously Condition B.2 of Resolution R-93-339,Petition 92-13) (ZONING)

Petition No. BAC92-13(A) Page 7

C. JDWIRONMENTAL RESOURCES MANAG-

1. Plans for all underground and above ground storage knksmust be approved by the Department of EnvironmeztalResouraes Yanagement prior to installation. Thepetitioner shall perform all necessary preventalivemeasures to reduce the ahanaes of contamination of thegroundwater. Double walled tanks and piping rithaorroaion protection or their equivalent shall be a partof those measures. (Previously Condition C.l ofResolution R-93-339, Petition 92-13) (BUILDING-ERM)

2. Secondary containment for stored Regulated Substances,including but not limited to fuels, oils, solvents, orother hazardous chemiaala, is required. Department ofEnvironmental Resources Management staff are willin{, toprovide guidance on appropriate protective measzues.(Previously Condition C.2 of Resolution R-93-:39,Petition 92-13) (BUILDING-ERM)

3 . All new excavated lakes shall possess a littoral sl.elfarea. A littoral shelf shall be an area with a slope notgreater six (6) feet horizontal to one (1) foot vertical,ranging in depth from ordinary high water (ORW) or thecontrolled water level (CWL) to four feet below OH1 orCWL. A minimum of 30% of the surface area of all lr+esshall be planted with native aquatic vegetation an aminimum of three foot centers.

a. A littoral shelf planting plan and maintenance Illanshall be submitted to the Department of EnvilSon-mental Resources Management aoncurrent with rlitePlan Review application and approved by ERM pi*iOrto Bite Plan certification. This information slrallalso be provided on a mylar for the aoning Divirrionas part of the site plan application. (-1

b. Prior to the issuance of a Certificate of Ocauprtnapand within three working days of the aompletiol~ oflittoral plantings ISlUf shall be notified. ! !hisplanting shall not be credited as compensai;ionrequired by wetland permits. (Previously Condii:ionC.3 of Resolution R-93-339, Petition 92-1:l)(BUILDING-ERM)

D.

E.

EXOTIC SPECIES

1. Areas disturbed as a result of the construction of thecogeneration facility and transmission lines shall becontinually maintained to be free of Brazilian Pep]ber,Australian Pine and YelaleUaa. (Previously Condition D.lof ResolutionR-93-339, Petition 92-13) (BUILDING-Zoning)

ENGINEERING

1. The Developer shall provide discharge Control andtreatment for the stormwater runoff in aacordanae lrithall applicable agency requirements in effeot at the ':imeof the permit application. However, at a minimum, ':hisdevelopment shall retain onsite the stormwater mloffgenerated by a three (3) year-one (1) hour storm with atotal rainfall of 3 inches as required by the ParmitSection, Land Development Division. The drainage systemshall be maintained in an acceptable condition asapproved by the County Engineer. In the event that thedrainage system is not adequately maiatained asdetermined by the County Engineer, this matter will bereferred to the Code Enforaement Board for enforcelent(Previously Condition E.l of Resolution R-93-339,Petition 92-13.) (COUNTY ENGINEER)

Petition No. BAC92-13(A) Page 8

2 . If reguired by the County Engineor or the louth Irlairid&Rater Wanagement District the Developer rhall desigm thedrainage system such that drainage from those areas rlhiahmay contain hasardous or undesirable waste ShalI. beseparate from stormwater runoff from the remainder 0:' thesite (Previously Condition E-2 of Resolution R-93-339,Petition 92-13.) (COUNTY ENGINEER)

F. HEALTH

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Potable water supply for the propose4 projeat is ta beprovided by a reverse osmosis non-transient non-oommullitywater supply system in accordance with Chapter 17-5lio P17-555, F.A.C. (Previously Condition F.l of Resolul:ionR-93-339, Petition 92-13) (HJ==WSewage treatment and disposal for the reference4 prollectis to be provided by one wastewater treatment plank inaccordance with Chapter 17-600's F.A.C. A l l exislzingseptic tank systems shall be abandoned in accordance 'Irithapplicable codes. (Previously Condition F.2 ofResolution R-93-339, Petition 92-13) (HEALTH)

The industrial waste stream generate4 by this site s:llallbe dispose4 of in accordance with all applicable Flo:l:idaDER regulations. (Previously Condition F.3 of ResolukionR-93-339, Petition 92-13) (HEALTH)

Cogeneration boiler fuels shall be limited to Biomass, asdefined in Condition K.9. and fossil fuels. The us(i) offossil fuels shall be limited in accordance withconditions A.l.d.(6)(a), A.l.4.(6) (b) and A.l.d.(c). Theuse of Biomass Wastes shall include provisions for thesubstantial exclusion of painted and chemically trecke4wood, household garbage, toxic or hazardous material;!1 orwastes and special wastes. This specification mual:. bereviewed and approve4 by the Palm Beaah County PublicHealth Unit prior to site plan approval. (PreviouslyCondition F.4 of Resolution R-93-339, Petition 92-m-13)(HEALTH)

All fly ash and bottom ash from the faoility whicll isproduced during any period in which fossil fuels areused, and thereafter for a reasonable time shall besegregate4 and manage4 as set forth in the ash managalkentplan. (Previously condition F.5 of Resolution R-93-:139,Petition 92-13) (HEALTH)

Prior to site plan approval, a detailed ash managallentplan shall be submitted by the petitiOnor and apprOVe(llbythe Palm Beach County Public Health Unit. This plan r;mstdetail contingencies plans, testing and monitoring of theash, ash handling and disposal methods, planned SpreaUnglocations and identification of environmental impaats andpropose4 measures for mitigating these impac:,ts.(Previously condition F.6 of Resolution R-93-2139,Petition 92-13) (HEALTH)

Prior to site plan approval of the operation of thefacility, a detailed fuel management plan shall besubmitted an4 approved by the Palm Beach County PublicHealth Unit. This plan shall detail location, sj,ae,handling procedures, transportation, dust oontrol an4fire protection. (Previously Condition F.7 of Resolut:ionR-93-339, Petition 92-13) (H=-w

Petition No. EAC92-13(A) Pacle 9

8 . Prior to site plan approval, the petitioner smllidentify all liquid wasto stresms and provide a aamplotophysiaal and chemical oharaaterisation of the wistostreams which shall include, at a minimum, the folloringinformation:

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f.

A description of the source or proaess assoailtedwith the waste stream.

Volume and flow rates.

Physical parameters including temperature, pB, andtotal dissolved solids.

Hxpeated concentrationsoontaminants, including butOf

pollutantsnot limited t:T

Witrogen, Phosphorous and other nutrients, rercary,lead and other trace metals, volatile orsemivolatile organic compounds, etc.

A description and detail of any treatment systemutilized.

A description of the disposal or reuse method andidentification of all points of discharge.(Previously Condition F.8 of Resolution R-93-339,Petition 92-13) (HEALTH)

9. Prior to site plan approval, a detailed domeztiawastewater management plan shall be submitted andapproved by the Palm Beach County Public Health Unit.(Previously Condition F.9 of Resolution R-93-339,Petition 92-13) (HEALTH)

10. Prior to site plan approval, a detailed storm watermanagement plan shall be submitted by the petitioner tothe south Florida Water Management District (SPWXD) andPalm Beach County Public Health Unit for review andapproval. staff shall coordinate its review with theSEmfD. (Previously Condition F.10 of Resolution R-93-339, Petition 92-13) W='W

11. Prior to site plan approval, a detailed industrialwastewater managament plan must be submitted to theDepartment of Environmental Regulation (DEW and the PalmBeach County Publio Bealth Unit for review and appraval.Staff shall coordinate its review with the DWR.(Prevkously Condition F.ll of Resolution R-93-339,Petition 92-13) (HEALTH)

12. Prior to site plan approval, all applicable environmsntalpermits or appliaations for permits must be obtained orsubmitted. (Previously Condition F.12 of Resolution g-93-339, Petition 92-13) W='W

G. LJWDSCAPING

1. Prior to site plan certification, the petitioner shallsubmit a Landscape Betterment Plan for review andapproval by the Waning Division. The LandroapeBetterment Plan shall demonstrate conformance to allLandscape Code requirements and conditions of apprcval.(Previously Condition G.l of Resolution R-93-339,Petition 9,2-13) (ZONING)

2. As an alternative, the petitioner may landscape the siteand provide off-site improvements in acaordanae wit11 theUnified Land Development Code, upon adopl.ion.(Previously Condition G.2 of Resolution R-93-,339,Petition 92-13) (ZONING)

Petition No. FAC92-13(A) Pa<fe 10

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LIGHTING

1. All outdoor lighting used to illuminate the pruisos andidentification signs shall be of low intensity, shieldedand directed downward. (Previously Condition H.l ofResolution R-93-339, Petition 92-13) (BUILDING - ('ODEENF)

PARKING

1. Vehicle parking shall be lixited to the parking (ueasdesignated on the approved site plan. 3io parking ofvehicle8 shall be permitted in landscaped areas, ri(,ht-of-way or interior drives. (Previously Condition I.:. ofResolution R-93-339, Petition 92-13) (CODE ENF)

TRANSMISSION LINES

1. All transmission lines required by this faaility arcI tobe constructed in accordance with the National ElecWicBafety Code. (Previously Condition J.l of Resolutiolr R-93-339, Petition 92-13) (BUILDING)

2. All transmission lines leaving the site and requireci bythis facility shall not exceed 138 KV. (Previoi~slyCondition J.2 of Resolution R-93-339, Petition 92m.13)(BUILDING)

USE LIMITATIONS

1. ConditionK.lof Resolution R-93-339, PetitionNo. 92..13,which previously stated:

Use of the site shall be limited as follows:

Land Area 50.00 acresTotal Floor Area 217,800 square feetMaximum Floor Area 10%Electrical Production 50 mega watt maximumFuel Yard 35 acre max. net land area

Is hereby amended to state:

Use of the site shall be limited as follows:

Land Area 50.00 acresTotal Floor Area 217,800 square feetMaximum Floor Area 10%Electrical Production 65 mega watt maximumFuel Yard 35 acre max. net land area

2. Prior to site plan certification, the site plan shall beamended to indicate the location of a truck/vehicle %?ashfaaility. This wash facility shall utilioe a 100% w'rterrecycling system. (Previously Condition K.2 ofResolution R-93-339, Petition 92-13) (ZONING-Building)

3. There shall be no repair or maintenance of vehicle:1 onsite. (Previously Condition K.3 of Resolution R-93-339,Petition 92-13) (CODE ENF)

4. No outside storage of disassembled vehicles, or plrtSthereof, shall be permitted oa Site. (PreviouslyCondition K..4 of Resolution R-93-339, Petition 92-13)(CODE ENF)

Petition No. EAC92-13(A) Page 11

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The maximum height, from grade to highost point, for allfuel storage areas shall not exceed fifty (50) frbet.(Previously Condition- K.5 of Resolution R-93-.139,Petition 92-13) (BUILDING)

Onsite storage shall be contained within the irreadesignated on Exhibit 48 and shall be processed andstored in a manner whioh control8 fugitive and Ilustparticulate emissions. (Previously Condition K.6Resolution R-93-339, Petition 92-13) (CODE ENF)

All vehicles utilizing public rights-of-way to cartrybiomass waste (i.e. vegetative matter) to the site 8rallbe equ@qwL at a minimum, with covering or acreens overtop of the open bed of the vehicle to prevent the loss ofmaterial during transportation to the facility.(Previously Condition K.7 of Resolution R-93-539,Petition 92-13) (CODE ENF)

The storage of fuel on site shall be limited to the area8designated on the certified site plan and shall belimited to the storage of bagasse and biomass waste 0x1~.(Previously Condition K.8 of Resolution R-93-139,Petition 92-13)

~gBiomass Waste" as referred to herein, shall neanbagasse, vegetative and woody matter, including materialresulting from landscaping, maintenance, land clearingoperations, clean wood, cellulose material, tree andshrub trimmings, grass clippings, palm fronds, trees,tree stumps, wood from land development operations, cleanwood debris from demolition operations; it shall notinclude trash, garbage or sludge (PAC 17-7Dl),biohasardous waste (17-712 PAC), or biological waste (17-712 PAC). (Previously Condition K.9 of Resolution R-93-339, Petition 92-13) (SWA)

10. The existing boiler facilities shall be abandoned withinthree (3) years of commercial start up of thecogeneration facility and no later than January 1, 1999.The existing boilers and new facilities shall no: beoperated at the same time. (Previously Condition K.10 ofResolution R-93-339, Petition 92-13) (MONITORING-Blding)

L. WATER SUPPLY

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Construction shall not commence on the project site untilit has been demonstrated to the satisfaction of the louthFlorida Water Management District that an acceptable andsustainable supply of water during drought periods isavailable to serve the project over and above thatnecessary to serve already approved developrent.(Previously Condition L.l of Resolution R-93-339,Petition 92-13) (BUILDING-SFWMD)

The petitioner shall utili&e all drought-tolerant plantsin landscaping on the subject property. (PrevicuslyCondition L.2 of Resolution R-93-339, Petition 92-13)(BUILDING-Zoning)

The petitioner shall use water-saving plumbing fiXt\xltesand other water conserving deviaes in restroom8 andemployee locker rooms, as specified in the haterConservation Act, Section 553.14, F.S. (PrevicuslyCondition L.3 of Resolution R-93-339, Petition 92-13)(BUILDING)

Petition No. EAC92-13(A) Pac'e 12

hf. COMPLIANCE

1. As provided in the Palm Beach County Zoning Cobe,Seations 400.2 and 402.6, failure to comply with any ofthese conditions of approval at any time may result lnr

a. The denial or revocation of a building permit: theissuance of a stop work order: the denial ol! aCertificate of Occupancy on any building orstructure; or the denial or revocation of myp e r m i t o r approval for any developer-ownrr,commercial-owner, lessee, or user of the subj matproperty: and/or

b. The revocation of the Speaial Rxaeption and mysoning which was approved aonaurrently with theSpecial Exception as well as any previously grantedaertifications o f concurrency or exesptimstherefrom; and/or

C. A requirement of the development to conform withupdated standards of development, applicable at thetise of the finding of non-compliance, or theaddition or modification of conditions reasona3lyrelated to the failure to comply with existingconditions. (Previously Condition M.l ofResolution R-93-339, Petition 92-13) (MONITORIJG)

2 . Appeals of any departmental-adsinistrative aatiwshereunder say be taken to the Palm Beach County Board ofAdjustment or as otherwise provided in the Palm BeIahCounty 2oning Code. Appeals of any revocation of SpecialException, Rexoning, or other actions based on a Board ofCounty Commission decision , shall be by petition for writof certiorari to the Fifteenth Judicial CirauLt.(Previously Condition M.2 of Resolution R-93-339,Petition 92-13) (MONITORING)

Petition No. FAC92-13(A) Page 13