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BCC October 22, 2009 Page 186 Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: W-2008-01529 Control No.: 2007-00347 Applicant: Verizon Wireless Personal Communications - dba Verizon Wireless Owners: Cove Club Investors Ltd Agent: SBA Network Services, Inc - Will English Telephone No.: (561) 226-9329 Project Manager: Carol Glasser, Site Planner II Location: East of SR7/US441 between SW 3rd Street and SW 18th Street (Verizon 68625) TITLE: a Waiver from Dimensional Criteria REQUEST: to allow a reduction of setbacks from the south and east property lines. APPLICATION SUMMARY: Proposed is a Waiver from setback dimensional criteria for a stealth communication tower proposed on the Boca Dunes Golf Course (f.k.a. Sandalfoot Cove Golf Course). The golf course maintenance facility is located on the northwest portion of the 148.77-acre golf course adjacent to the Palm Beach County's Water Treatment Plant Number 9. The applicant is requesting a waiver from the setback requirements for a 100-foot high communication tower on a leased parcel within the parking area for the golf course maintenance facility. The ULDC requires a setback equal to the maximum height of the tower (100 feet) from all property lines. The applicant is requesting a waiver of 9.4 feet for the south property line for a 90.6 foot setback from the right-of-way access road; and, a waiver of 54.1 feet for the east property line for a 45.9 foot setback from the property line abutting the Water Treatment Plant site. Access to the leased tower site is from S.W. 65th Avenue. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the request and determined that the request is consistent with the site’s High Residential, 8 units per acre (HR-8) Future Land Use (FLU) designation of the Plan. o Compatibility with Surrounding Land Uses The Boca Dunes Golf Course and Golf Course Maintenance Facility is a large irregular-shaped site that is nearly completely surrounded by, and encircles, a mix of single-family and multi-family residential properties with a HR-8 FLU designation and Residential Medium (RM) and/or Residential High (RH) Zoning District. The RH Zoning District was a previous Zoning District that was discontinued by Ordinance 2003-067 and any property that still has this designation utilizes the regulations of the RM Zoning District as stated under Article 3.C.1.C. The Sandalfoot Cove development which has a HR-8 FLU and Agricultural Residential (AR) Zoning District is located to the west of the south portion of the Boca Dunes Golf Course. The communications tower is proposed on a leased site on the Golf Course Maintenance Facility parcel that is located in the north portion of the golf course. To the north and east of the Golf Course Maintenance Facility is Palm Beach County

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Page 1: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer

BCC October 22, 2009 Page 186

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: W-2008-01529 Control No.: 2007-00347 Applicant: Verizon Wireless Personal Communications - dba Verizon

Wireless Owners: Cove Club Investors Ltd Agent: SBA Network Services, Inc - Will English Telephone No.: (561) 226-9329 Project Manager: Carol Glasser, Site Planner II

Location: East of SR7/US441 between SW 3rd Street and SW 18th Street (Verizon 68625)

TITLE: a Waiver from Dimensional Criteria REQUEST: to allow a reduction of setbacks from the south and east property lines.

APPLICATION SUMMARY: Proposed is a Waiver from setback dimensional criteria for a stealth communication tower proposed on the Boca Dunes Golf Course (f.k.a. Sandalfoot Cove Golf Course). The golf course maintenance facility is located on the northwest portion of the 148.77-acre golf course adjacent to the Palm Beach County's Water Treatment Plant Number 9. The applicant is requesting a waiver from the setback requirements for a 100-foot high communication tower on a leased parcel within the parking area for the golf course maintenance facility. The ULDC requires a setback equal to the maximum height of the tower (100 feet) from all property lines. The applicant is requesting a waiver of 9.4 feet for the south property line for a 90.6 foot setback from the right-of-way access road; and, a waiver of 54.1 feet for the east property line for a 45.9 foot setback from the property line abutting the Water Treatment Plant site. Access to the leased tower site is from S.W. 65th Avenue.

ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the request and determined that the request is consistent with the site’s High Residential, 8 units per acre (HR-8) Future Land Use (FLU) designation of the Plan. o Compatibility with Surrounding Land Uses The Boca Dunes Golf Course and Golf Course Maintenance Facility is a large irregular-shaped site that is nearly completely surrounded by, and encircles, a mix of single-family and multi-family residential properties with a HR-8 FLU designation and Residential Medium (RM) and/or Residential High (RH) Zoning District. The RH Zoning District was a previous Zoning District that was discontinued by Ordinance 2003-067 and any property that still has this designation utilizes the regulations of the RM Zoning District as stated under Article 3.C.1.C. The Sandalfoot Cove development which has a HR-8 FLU and Agricultural Residential (AR) Zoning District is located to the west of the south portion of the Boca Dunes Golf Course. The communications tower is proposed on a leased site on the Golf Course Maintenance Facility parcel that is located in the north portion of the golf course. To the north and east of the Golf Course Maintenance Facility is Palm Beach County

Page 2: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer

BCC October 22, 2009 Page 187

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

(PBC) Water Treatment Plant Number 9 with Utilities and Transportation (UT) FLU designation and a Public Ownership (PO) Zoning District. To south and east is the 30-foot wide access road to the Golf Course Maintenance Facility and the Water Treatment Plant. The waiver request to the south is 9.4 feet and the 30-foot wide access road abuts the property line to the south. Therefore, the request to allow a setback of 90.4 feet from the south property line instead of the required 100-foot setback does not create an incompatibility. The waiver request to the east is 45.9 feet and the PBC Water Treatment Plant abuts the property line to the east. Therefore, the request to allow a setback of 54.1 feet instead of the required 100-foot setback does not create an incompatibility. o ULDC Requirements for a Commercial Communication Tower The applicant proposes a stealth communication tower with a maximum height of 100 feet. A stealth tower less than or equal to 100 feet in height is approved through the Development Review Officer (DRO) Expedited Review (DE) process per Table 4.C.2.I-14, Residential District Tower Location and Type of Review, through a separate application for an Agency Review by the DRO. Simultaneously, an applicant may seek a waiver from setback dimensional criteria for the stealth tower per Article 4.C.3.A.5; however, administrative approval of the proposed tower shall not be granted until a final decision on the waiver request is rendered by the BCC per Article 4.C.3.K.5. o Landscape/Buffering A Type I incompatibility landscape buffer is required for a tower that is more than 50 feet from existing residential units per Article 4.C.4.E.2. The closest residential structure is 179.3 feet to the west. The ULDC states that the Type I buffer shall be waived by the Zoning Director, unless otherwise required by the BCC, when the proposed landscaping will not be visible from adjacent lots or streets. The applicant has requested and the Zoning Director has approved a waiver of two portions of the 10-foot wide buffer for the 1,531.4 square foot leased tower site. (See Figure 7, Planting Plan Detail.) The leased tower site abuts the fenced Golf Course Maintenance Facility on the north side of the leased parcel and any proposed landscaping on the north side will not be visible from adjacent lots or streets. Additionally, a triangular-shaped portion of the southwest buffer cannot be provided due to the new utility easement for the actual location of a 16-inch pipe that was installed outside of the 10-foot utility easement area, which will be required prior to final approval by the DRO. The applicant proposes to install all of the required plant materials within the remaining portion of the buffer. The Zoning Division has confirmed by a site visit that due to the width and density of mature plantings that exist between the golf course and the maintenance facility (within a 50-foot wide landscape easement that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer at the southwest corner of the leased parcel cannot be viewed from any adjacent parcel. The only opening from the west to the Golf Course Maintenance Facility is designed for golf carts and restricted to golf course maintenance facility personnel only.

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BCC October 22, 2009 Page 188

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

A portion of 00-42-43-27-05-081-0371; and, 00-42-43-27-05-081-0461

Same

Land Use Designation:

High Residential, with 8 units per acre (HR-8)

Same

Zoning District: Agricultural Residential (AR) Same

Tier: Urban/Suburban Same

Use: Golf Course and accessory Golf Course Maintenance Facility

Golf Course, accessory Golf Course Maintenance Facility, and Communication Tower

Acreage: 148.77 acres Same

Access: Two points from SW 65th Avenue Same

PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no contacts from the public regarding this project.

RECOMMENDATION: Staff recommends approval of the request subject to 3 Conditions of Approval as indicated in Exhibit C.

MOTION: To adopt a resolution approving a Waiver of Dimensional Criteria to allow a reduction of setbacks from the south and east property lines subject to the Conditions of Approval as indicated in Exhibit C.

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BCC October 22, 2009 Page 189

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 1 Land Use Atlas Map

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BCC October 22, 2009 Page 190

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 2 Zoning Quad Map

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BCC October 22, 2009 Page 191

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 3 Aerial

PROJECT NAME ZONING APPLICATION

Control 2007-347 (W-200B-1S29) Verizon #68625

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2300 N. Jog 1100<1 WoSl ~"m 8 oa<h, FL 3~t1

(5611 l)l«IOO ~o.poIm-b'''''-ft_US

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BCC October 22, 2009 Page 192

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 4 Preliminary Site Plan dated October 2, 2009

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Page 8: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer

BCC October 22, 2009 Page 193

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 5 Preliminary Regulating Plan page 2 of 7 dated September 14, 2009 Parent Tract Sketch and Legal Description

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Page 9: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer

BCC October 22, 2009 Page 194

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 6 Preliminary Regulating Plan page 3 of 7 dated October 2, 2009 Enlarged Site Plan

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Page 10: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer

BCC October 22, 2009 Page 195

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Figure 7 Preliminary Regulating Plan page 4 of 7 dated September 14, 2009 Planting Plan

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Page 11: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING … · that abuts the Golf Course Maintenance Facility), this 5.72 feet wide by 24.01 feet in length triangular portion of the buffer

BCC October 22, 2009 Page 196

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

STAFF REVIEW AND ANALYSIS PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: High Residential eight units per acre (HR-8) TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject property is not located within a future annexation area of any municipality. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to reduce setbacks from the property line and allow accessory structures for the purposes of constructing a 100' stealth monopole and has determined that this request is consistent with the site's HR-8 FLU designation. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The subject property is not located within the boundaries of any overlay, neighborhood plan or planning study area. FINDINGS: The request is consistent with the land use designations of the Palm Beach County Comprehensive Plan.

ENGINEERING COMMENTS: This application for waiver from Article 4 was not reviewed by the Land Development Division.

PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis

ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site has been developed. WELLFIELD PROTECTION ZONE: The parcel is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 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: No Staff Review Analysis

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BCC October 22, 2009 Page 197

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: This application for a tower waiver does not create any impact on public facilities and is exempt from Article 2.F. per 2.F.1.D. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD) FINDING: The proposed tower waiver complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards).

FINDINGS:

Waiver from Required Dimensional Criteria –Communication Tower: When considering a request to allow a waiver from one or more required dimensional criteria, the BCC must determine that the request complies with the intent of Article 4.C.3.K.4, and the request is consistent with the criteria listed in Art.4.C.2.K.4.a - Art.4.C.2.K.4.g. In addition, each request for a waiver must be consistent with one or more of the following criteria in Art.4.C.2.K.4.h - Art.4.C.2.K.4.r, as follows: a. Protection of Public Welfare – The waiver, if approved, will not be injurious to the uses in the

area adjacent to the structure and otherwise will not be detrimental to the public welfare. The leased area for the communication tower, which is a stealth flagpole a maximum of 100 feet in height with a flag, is within the existing maintenance facility area for the Boca Dunes Golf Course. The 1,531.4 square foot leased area is located on a portion of the open parking area for the golf course maintenance facility. The area is limited to golf course maintenance facility personnel and salespersons by appointment only. The Palm Beach County Waster Water Treatment Plant Number 9 abuts the maintenance facility site to the north and east. The maintenance facility abuts the Boca Dunes Golf Course to the west and south. A waiver of 9.4 feet from the south property line is requested to allow a setback of 90.6 feet from the ROW access road for the maintenance facility and the Water Treatment Plant. The access road is 30 feet in width. A waiver of 54.1 feet from the east property line is requested to allow a tower setback of 45.9 feet from the property line abutting the Water Treatment Plant. The waiver will not be injurious to the utility use or to the access road to the golf course maintenance facility and water treatment plant. The proposed tower exceeds the minimum 150-foot separation from existing residential structures by 29.3 feet. However, the tower site cannot be relocated further to the west due to a 10-foot wide utility easement that lies along the western edge of the golf course maintenance facility property and the fact that an existing 16-inch pipe was installed outside of utility easement to the east of the easement. Palm Beach County Water Utilities Department will require that the property owner grant a new utility easement for the existing 16-inch pipe prior to final approval by the DRO. b. Economics – The waiver is not granted based solely upon or in large measure due to costs

associated with complying with all requirements of the Section. The applicant is requesting a Waiver to locate the communications tower as proposed to provide reliable E911 and wireless coverage to the area and not based on compliance with the ULDC communications tower section. The applicant has revised the site plan on several occasions at the request of staff to minimize the Waiver request and eliminate variance requests and to minimize the impact on the surrounding residential area to the greatest extent possible without regard to cost to complying with Article 4.C. Communications Tower, Section 3 Siting Requirements. The applicant has not indicated that any financial hardship exists without approval of the Waiver request. c. Incompatibility Not Created – The waiver, if granted, will not result in an incompatibility

between the proposed tower or communication facility and adjacent uses. A waiver of 9.4 feet from the south property line is requested to allow a setback of 90.6 feet from the ROW access road for the maintenance facility and the Water Treatment Plant. A waiver of 54.1 feet

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BCC October 22, 2009 Page 198

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

from the east property line is requested to allow a tower setback of 45.9 feet from the property line abutting the Water Treatment Plant. The waiver is not incompatible with the utility use or to the access road to the golf course maintenance facility and water treatment plant. The proposed tower exceeds the minimum 150-foot separation from existing residential structures by 29.3 feet. The structure is compatible with the architectural style and color of the existing buildings/structures on the golf course maintenance facility site. The golf course maintenance facility site is screened from view of the residences to the west a landscape buffer. The existing mature landscape buffer is densely planted. And, the proposed communications tower is a stealth facility to further mitigate any impact on the surrounding area. d. Exhaustion of Other Remedies – The waiver, subject to documentation provided by the

applicant, is necessary within the defined search or propagation study area as all other waiver alternatives have been exhausted. Alternatives to a waiver shall include but not be limited to such techniques as collocation, use of stealth or camouflage structures, and use of building mounted equipment and facilities.

The propagation maps submitted with the application demonstrate that the siting of the proposed communications tower in this location is essential to enable Verizon to provide coverage including E911 coverage. Locating the proposed communications tower within the Boca Dunes Golf Course would allow Verizon to “hand off” calls from one tower site to another, thereby preventing gaps in network coverage and customer dropped calls. The proposed location would also ensure adequate and reliable E911 emergency coverage. The Boca Dunes site is the westernmost location that is acceptable to Verizon for purposes of meeting its network coverage objectives. The applicant is required to pay for a consultant that is selected and retained by the Zoning Director to review the technical documents submitted by the applicant prior to approval of the application for the communications tower. Although this application is for a Waiver only and this communication tower must be approved by the DRO, RCC Consultants has provided a report dated January 8, 2008 pursuant to their review the technical documents related to the siting of this communication tower and the consultant concurs with the finding that there is no alternative existing tower location and confirms the accuracy of the coverage prediction analysis submitted by the application for one carrier at this location. e. Minimum Waiver – Grant of the waiver is the minimum waiver that will make possible the

reasonable use of the parcel of land, building, or structure. The requested waivers are the minimum waivers needed to reasonably site the communications tower in the within the Boca Dunes Golf Course maintenance facility. The waivers are requested from the south and east property lines. The communications tower cannot be relocated further to the north without negatively impacting the reasonable use of the parcel to maintain the golf course. The leased parcel is proposed abutting the south security fence of the maintenance building area. The communications tower cannot be located further to the west due to the location of the installed sewer main outside of and to the east of the 10-foot wide utility easement. An 18-foot wide clear area to the west side of the communications tower is required for reasonable use of the golf course maintenance facility. f. Consistent with the Plan – Grant of the waiver will be consistent with the purposes, goals,

objectives, and policies of the Plan and this Code. The Planning Division has reviewed the request and determined that the request is consistent with the site’s HR-8 FLU designation. The Zoning Division has reviewed the request and determined that the request is consistent with the Code. Grant of the waiver will not create any inconsistencies with the Plan or the Code. g. Not Detrimental – The grant of the waiver will not be injurious to the area involved or

otherwise detrimental to the public welfare. The waiver from the south and east property lines abutting the ROW access road to the Golf Maintenance Facility and Water Treatment Plant and PBC Water Treatment Plant Number 9 will not be injurious. The communications tower has been located within the Golf Course Maintenance Facility to maximize separation and landscape buffering between the residential properties to the

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BCC October 22, 2009 Page 199

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

west, to allow for the continued maintenance of the underground pipes installed outside of the utility easement pursuant to a review by the Water Utilities Department, and to enable Verizon to provide coverage, including E911 service, in the area. As indicated above, the applicant must demonstrate a need for the waiver based upon 1 or more of the follow additional criteria: h. Prohibition of Service – The waiver, subject to documentation provided by the applicant, is

necessary within the defined search or propagation study area so as not to prohibit the provision of personal wireless, television, and related communication services as defined by the Telecommunications Act of 1996 and rules of the FCC, if adopted.

The propagation study maps submitted with the application indicate the coverage provided both before and after the proposed communication tower construction. The maps demonstrate that the siting of tower in this location is necessary to enable Verizon to provide coverage, including E911 service, in the vicinity of the Boca Dunes Golf Course. The consultant has reviewed the information submitted by the applicant and takes no exception to the findings of the applicant. i. FAA Limitations – The waiver is required to comply with locational standards established by

the FAA. Not applicable to this application. j. Lack of Technical Capacity – The waiver, subject to documentation provided by the

applicant, is necessary within the defined search or propagation study area as existing towers or structures do not have the structural capacity to accommodate the equipment needed to provide reasonable service within the defined search or propagation study area.

Not applicable to this application. k. Height of Existing Structures – The waiver, subject to documentation provided by the

applicant, is necessary within the defined search or propagation study area as existing towers or other structures are not of sufficient height to provide reasonable service.

Not applicable to this application. l. Lack of Structural Capacity – The waiver, subject to documentation provided by the

applicant, is necessary within the defined search or propagation study area as existing towers or structures do not have the structural capacity to accommodate the equipment needed to provide reasonable service within the defined search or propagation study area.

Not applicable to this application. m. Interference – The waiver, subject to documentation provided by the applicant, is necessary

within the defined search or propagation study area due to interference that may be caused resulting from such factors as collocation on existing towers or structures, the nature of other communications equipment or signals, or other technical problems that would result in interference between providers.

Not applicable to this application. n. Unreasonable Costs – The waiver, subject to documentation provided by the applicant, is

necessary within the defined search or propagation study area as the fees, costs or contractual provisions to collocate on or adapt an existing tower or structure for collocation are unreasonable.

Not applicable to this application. o. More Appropriate Site – The waiver, subject to documentation provided by the applicant, is

necessary within the defined search or propagation study area as a result of identification of a

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BCC October 22, 2009 Page 200

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

more appropriate site that does not meet dimensional criteria, including such factors as distance from residential uses, existence of permanent screening and buffering, and location within a large scale non-residential area.

The consultant’s report confirms that the information submitted by the applicant is accurate, based on appropriate technical criteria, and the consultant confirmed that viable alternative sites cannot provide adequate coverage required by the application. The waiver from the south and east property lines is necessary as a result of the location entirely within the Golf Course Maintenance Facility does not allow for ULDC required setbacks from the property line within the defined search or propagation study area. The proposed communications tower was relocated to the east during the Development Review Officer (DRO) certification process due to the unforeseen circumstance that the main sewer line was actually installed outside of the 10-foot utility easement area. The separation between existing residential structures the west was increased even though the waiver to the east was increased. p. Avoid Certain Locations – The waiver, subject to documentation provided by the applicant, is

necessary within the defined search or propagation study area to avoid location in one or more of the following:

1) officially designated wilderness areas, wildlife refuges, and wildlife management areas; 2) officially designated vegetation and wildlife preserves; 3) habitats of threatened/endangered species, historical sites; 4) Indian religious sites; 5) locations which may cause significant alteration of wetlands, deforestation, or water

diversion; 6) night use of high intensity lights in residential areas; 7) environmentally sensitive lands acquired or leased by PBC; or 8) linked open space corridors as set forth in the Plan.

Not applicable to this application. q. Reduce Residential Impact – The waiver, subject to documentation provided by the

applicant, is necessary within the defined search or propagation study area and will allow a proposed tower location to reduce the impact on adjacent residential uses.

Not applicable to this application. r. Effect of Governmental Regulation or Restrictive Covenant – The waiver, subject to

documentation provided by the applicant, is necessary within the defined search or propagation study area due to governmental regulations or restrictive covenants which preclude location of a tower.

Not applicable to this application.

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BCC October 22, 2009 Page 201

Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

CONDITIONS OF APPROVAL

EXHIBIT C Tower Waiver DRO 1. Prior to the submittal for final approval by the Development Review Officer (DRO), the approved waiver(s) shall be reflected on the site plan. (DRO:ZONING-Zoning) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning)

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Exhibit D: Disclosure

PALM BEACH COUNTY - ZONING DIVISION FORM #.J!§L

DISCLOSURE OF OWNERSHIP INTERESTS - 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

~FORE ME, the undersigned authority, this day personally appeared

" l:1r\S S~ , 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 [ ] _..:-;:-"--"--=--=::.-_____ {position-

e.g., president, partner, trustee] of Cove Club Investors Ltd. {name and type of

entity-e.g., ABC Corporation, XYZ Umited 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: _1_4_00_C_o_u_n_try_c_l_ub_D_riv_e __________ _

Boca Raton, Fl 33428

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.

Disclosure of Beneficial Interest Ownership form Created 01/2212007 Updated 01/31/2007

Print Form

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PALM BEACH COUNTY - ZONING DIVISION FORM#~

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.

FURTHER AFFIANT SA YETH NAUGHT.

_C"""'-'_h ......... r-"I ..... <>"--....::£_)""-'O""'-"N...:;A.::>..· _" Affiant

(Print Affiant Name)

The foregoing instrument was_acknowledged before me

20~, by (~/L,/,\· '':::;C),),''fI

known to me or [ ] who has produced _______________ _

as identification and who did take an oath.

Disclosure of Beneficial Interest Ownership form

(Print Notary Na NOTARY PUBLIC State of Florida at Larg My Commission Expires: ____ _

Created 01/2212007 Updated 01/31/2007

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

PALM BEACH COUNTY - ZONING DIVISION

EXHIBIT "A"

PROPERTY

Disclosure of Beneficial Interest Ownership form

FORM # .JL§L.

Created 01/2212007 Updated 01/31/2007

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

s • ...

EXHI81T "A"

1\ portian of Block Ill, PALM DEACH F'J\!U'IS COMPANY P!JIt NO.3, as recorded in· Plat Book :2, Pa~e 53. of t.ho puhlic records of 1',,1111 Bonch County, Florida, more fully described "s follows:

Commencing at the Northwest corner of Lot 32, Dlook 14, SI'.NDALFOO'r COVE SECTION 'l'lIREE, as rooorded 1n plat Book 29, at Pag~s 140, 141 and 142, of the public re~rds of Palm nceeh County, Plorid,,; thence Northwesterly along the East ri9ht-of~way line of S. W. 65th I\v~ntle, liS lihoWIl on the said plat of Sl\NDALfOOr COVE SECTION 'l'IUmE, whose tangent ooarS North 43· 25' 0" West, with II radiUS of 1240.00 feet and a central angle of S· J2' 41", all nrc distance of 120.00 het to a point of tangeneYI thence North 48· 59' 22" Hest, II distance of 15.00 f~ct; t:hence North 41" 01' 38" EIISI:, /l distanoe of 196.72 teet to the roint of neginning; thence continuing North Ill" 01' 38" East, II distance of 68.07 f~et: thence Nor.th 48° Sf" 22" West, a distan,:e of 3S.51 feet I thence North 7· 07' 13" West, II distance of 40.00 feet, thence South 80 4 55' 04" !last, II distanoe of 40.00 feet; thence North 9" 0'1' 56" East, a distance of lJ..40 feetJ thent:e 'Noith BO· 55' 0"" West. " distance of 16.60 feetl thence l'Iorth 9" 04' 56" EillIt, II cUlltnnc:e of 144.40 feel:; thence North 80· 55' 0.1" west, a distance of 147.08 .fect, t!lance South g. 09' 44" West, /l distance of 142.01 foct to Il point of cUrvel thence Southeasterly, along a curve to the lett, with a radius of 1<;0.00 feet and a cantrlll angle of 82· OS' 43", an arc distanoe of 214.93 feet to the Poipt of Beginning.

Said land situat~, lying and being in Palm Deach County. "'lorida, and containing 0.8130 ncres mora or less.

D.F.B. 7/1G/81 M-5912 Revised 9/9/81

',''';!.I) IIOOK N., .. __ .• __ .• _ .•...•....• ____ •

.10n Oln)I-:l'l N •• _ •.• _ •.•.• _ .~., '._. __ ••

. ."" ',. '.'.! .

. r. n .. ~ '., "

rnt,\WlII\Y __________ • _____ •.

amcm·;v nl' •. _. _____________ _

..

.~.

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PALM BEACH COUNTY - ZONING DIVISION FORM#~

EXHIBIT"B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

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 Address Percentage of Interest

Cove General, Inc. (General Partner) 1400 Country Club Dr., Boca Raton 33428 .65%

Charlotte T. Weaver, Matthew T. Weaver, and G. Michael Martin, as Trustees of the Weaver

Golf Trust U/AJD April 30, 1987 (Limited Partner) - 9524 Cross Creek Dr., Boynton Beach. 3343660.07%

David D. Welch (Limited Partner) - 2401 E. Atlantic Blvd., Suite 400, Pompano BeaCh. 33062 3122%

Chris Sova (Limited Partner)- 1400 Country Club Dr., Boca Raton, 33428

Disclosure of Beneficial Interest Ownership form

8.06%

Created 01/2212007 Updated 01/31/2007

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PALM BEACH COUNTY - ZONING DIVISION FORM #-.ruL

DISCLOSURE OF OWNERSHIP INTERESTS - APPLICANT

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

_________________ , 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 [./]

[position-e.g., president, partner, trustee] of [name and

type of entity-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: 777 Yamato Road, Suite 600, Boca Raton. Florida 33431

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.

Disclosure of Beneficial Interest -Applicant form Created 01/30/2007

Print Form

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PALM BEACH COUNTY - ZONING DIVISION FORM#~

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.

____________ " Affiant

(Print Affiant Name)

The foregoing ~efore me this day of _A_U9_u_s_! __ _

20~, by -f--':.....:....-'--""'_'t"--_____ , [ ] who ist~~~~ known to me or [ ] who has produced ________________ _

as identification and who did take an oath.

Notary Public

NOTARY PUBLIC

State of Florida at Large

My Commission Expires: _..::..-__ .:.-

Disclosure of Beneficial Interest -Applicant form Created 01/30/2007

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PALM BEACH COUNTY - ZONING DIVISION

EXHIBIT "A"

PROPERTY

Disclosure of Beneficial Interest -Applicant form

FORM#~

Created 01/30/2007

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LEGAL DESCRIPTION

BOCA DUNES MAINTENANCE FACILITY

A portion of Block 81, PALM BEACH FARMS COMPANY PLAT NO. 3, as recorded in Plat Book 2, Page 53, of the public records of Palm Beach County, Florida, more fully described as follows:

Commencing at the Northwest comer of Lot 32, Block 14, SANDALFOOT COVE SECTION THREE, as recorded in Plat Book 29, at Pages 140, 141 and 142, of the public records of Palm Beach County, Florida; thence Northwesterly along the East right-of-way line ofS.W. 65 th

A venue, as shown on the said plat of SANDALFOOT COVE SECTION THREE, whose tangent bears North 43° 25' 41" West, with a radius of 1240.00 feet and a central angle of 5° 32' 41 ", an arc distance of 120.00 feet to a point oftangency; thence North 48° 58' 22" West, a distance of 15.00 feet; thence North 41 ° 01' 38" East, a distance of 196.72 feet to the Point of Beginning; thence continuing North 41 ° 01' 38" East, a distance of68.07 feet; thence North 48° 58' 22" West, a distance of 35.51 feet; thence North 7° 07' 13" West, a distance of 40.00 feet; thence South 80° 55' 04" East, a distance of 40.00 feet; thence North 9° 04' 56" East, a distance of 31.40 teet; thence North 80° 55' 04" West, a distance of 16.60 feet; thence North 9° 04' 56" East, a distance of 144.40 feet; thence North 80° 55' 04" West, a distance of 147.08 feet; thence south 9° 09' 44" West, a distance of 142.01 feet to a point of curve; thence Southeasterly, along a curve to the left, with a radius of 150.00 feet and a central angle of 82° OS' 43", an arc distance of214.93 feet to the Point of Beginning.

Said land situate, lying and being in Palm Beach County, Florida, and containing 0.8730 acres more or less.

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PALM BEACH COUNTY - ZONING DIVISION FORM #-.ruL

EXHIBIT"B"

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

Cellco Partnership - 180 Washington Valley Road, Bedminster NJ 07921

Verizon Wireless Personal Communications LP is a wholly owned subsidiary of Cellco Partnership.

Cellco Partnership is a joint venture between Verizon Communications Inc. (55%) and Vodafone

Group Pic. (45%), both of which are registered with the Federal Securities and Exchange Commission

and exempt from further disclosure.

Verizon Communications Inc. - 140 West Street, New York, NY 10007

Vodafone Group Pic. - Vodafone House. The Connection, Newbury, Berkshire, RG14 2FN England

Disclosure of Beneficial Interest -Applicant form Created 01/30/2007

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

PALM BEACH COUNTY - ZONING DIVISION FORM #...lliL

DISCLOSURE OF OWNERSHIP INTERESTS - 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

DAVID D. WEICH , hereinafter referred to as "Affiant," who

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

Print Form

President of Cove General, Inc. 1. Affiant is the [ 1 individual orf 1 General Partner [position-

e.g., president, partner, trustee] of Cove Club Investors Ltd. [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: _1_40_0_C_o_u_nt_ry_C_iu_b_D_r_iv_e __________ _

Boca Raton, FL 33428

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.

Disclosure of Beneficial Interest Ownership form Created 01/22/2007 Updated 01/31/2007

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PALM BEACH COUNTY - ZONING DIVISION FORM #_illL

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.

FURTHER AFF''':'T S.~ NAUGHT. b' o

"

~ ,'lA1~ ( David D. Welch Affiant

Pres~dent of Cove General, Inc., (Print Affiant Name) General Partner

The' foregoing instrument was acknowledged before me this 2lstr!ay of July

2~O~ by David D. Welch ,[Xl who is personally

known to me or [ 1 who has produced _______________ _

as identification and who did take an oath.

Disclosure of Beneficial Interest Ownership form

~~ (Print Notary Na

NOTARY PUBLIC State of Florida at Larg

UNOA JO BROOKS .:....,..ar-4~~JMMISSION t DO 675087

EXPIRES: August 9, 2011 Eloodod '!11ru NoIaIy PUbliC UMt_

My Commission Expires: ____ _

Created 01/22/2007 Updated 01131/2007

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PALM BEACH COUNTY - ZONING DIVISION

EXHIBIT "A"

PROPERTY

Disclosure of Beneficial Interest Ownership form

FORM #_illL

Created 01/22/2007 Updated 01/31/2007

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LEGAL DESCRIPTION

Boca Dunes Golf Course

Portions of Lots 37, 38, 39, 40, 45, 46, 47, 48, 49, 50, 58, 59, 60, 61, 62, 63, 64, 65, 66,

67,68,76,77,78,79,80,81,82,83,86,87,88, 89,90, 91,92,93,101,102,103, 104, and 105,

Block 81, PALM BEACH FARMS COMPANY PLAT NO.3, according to the plat thereof,

recorded in Plat Book 2, Page 53, of the public records of Palm Beach County, Florida; and all of

Lot 8, and portions of Lots 2, 3, 4,5,6,7,9,10,13,14,15,16,29,30, and 32, of Block 82, of

said PALM BEACH FARMS COMPANY PLAT NO.3; TOGETHER WITH: Those certain 30-

andlor 50-foot roads rights-of-way, lying adjacent to the above described lots, and being all more

fully described as follows:

Beginning at the most Southerly comer of Lot 1, Block 6, SANDALFOOT COVE,

SECTION ONE, according to the plat thereof, recorded in Plat Book 28, at Pages 225 and 226,

of the public records of Palm Beach County, Florida; thence Northerly along the Easterly

boundary line of said SANDALFOOT COVE, SECTION ONE, the following eight (8) courses

and distances: North 33° 54' 32" East, a distance of 100.40 feet; thence North 58° 22' 41" West,

a distance of 75.10 feet; thence North 0° 54' 55" West, a distance of 314 feet; thence North 89°

05' 05" East, a distance of89.70 feet; thence North 40° 31' 50" East, a distance of207.95 feet to

a point of curve; thence Northeasterly along a curve to the left, with a radius of 5,475 feet, and a

central angle of 7° 58' 34", an arc distance of 762.16 feet to a point of tangency; thence North

32° 33' 16" East, a distance of 198.52 feet; thence North 31 ° 45' 26" West, a distance of 78.03

feet to the Point of Termination of the said eight courses and distances and to the most Southerly

comer of Parcel "B", of SANDAL FOOT COVE, SECTION TWO, according to the plat thereof,

recorded in Plat Book 29, at Pages 15 and 16, of the public records of Palm Beach County,

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Florida; thence Northerly along the Easterly boundary of said SANDALFOOT COVE,

SECTION TWO, the following nine courses and distances; North 54° 50' 20" East, a distance of

239.63 feet; thence North 66° 22' 01" East, a distance of 202.13 feet; thence North 51° 32' 07"

East, a distance of 94.06 feet; thence South 80° 00' 21" East, a distance of 83 feet; thence North

35° 57' 38" East, a distance of 27.56 feet to a point of curve; thence Northerly along a curve to

the left, with a radius of 250 feet, and a central angle of 77° 25' 01 ", an arc distance of 337.80

feet to a point of tangency; thence North 41 ° 27' 23" West, a distance of 202.95 feet to a point of

curve; thence Northwesterly along a curve to the right, with a radius of 500 feet, and a central

angle of 32° 21' 12", an arc distance of 282.34 feet to a point of tangency; thence North 9° 06'

11" West, a distance of 655.06 feet to the Point of Tennination of the said nine courses and

distances; thence continuing North 9° 6' 11" West, a distance of 69.34 feet to a point of curve;

thence Northerly along a curve to the right, with a radius of 880.00 feet, and a central angle of 5°

55' 37", an arc distance of 91.03 feet to the point of tangency; thence North 3° 10' 34" West, a

distance of 507 feet to a point of curve; thence Northwesterly through Westerly along a curve to

the left, with a radius of 100 feet, and a central angle of 99° 55' 56", an arc distance of 174.41

feet to a point of tangency; thence South 76° 53' 30" West, a distance of 507.79 feet to a point on

a curve; thence Northwesterly along a curve to the left, whose tangent bears North 43° 25' 41"

West, with a radius of 1,240 feet, and a central angle of 5° 32' 41 ", an arc distance of 120 feet to

a point of tangency; thence North 48° 58' 22" West, a distance of 17.51 feet to a point of curve;

thence Northwesterly along a curve to the right, with a radius of 944.45 feet, and a central angle

of 7° 12' 42", an arc distance of 118.88 feet; thence North 13° 16' 45" East, a distance of 125.77

feet to a point on a curve; thence Northwesterly along a curve to the right, whose tangent bears

2

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North 36° 51' 55" West, with a radius of 844.45 feet, and a central angle of 35° 57' 00", an arc

distance of 529.85 feet to a point of compound curve; thence Northeasterly along a curve to the

right, with a radius of 607.28 feet, and a central angle of 30° 07' 26", an arc distance of 319.28

feet to a point of tangency; thence North 29° 12' 31" East, a distance of 503.42 feet to a point on

a curve; thence Southeasterly along a curve to the right, whose tangent bears South 66° 01' 09"

East, with a radius of 744.23 feet, and a central angle of 15° 08' 50", an arc distance of 196.75

feet to a point of tangency; thence South 50° 52' 19" East, a distance of 164.76 feet to a

Reference Point "A"; said Reference Point "A" bearing south 41" 55' 16" West; a distance of

344.69 feet from the intersection of the Southerly extension of the West line of Tract 20, of said

Block 81, PALM BEACH FARMS COMPANY PLAT NO.3, and the centerline of that certain

30-foot road reservation lying South of and adjacent to said Tract 20; thence continuing south

50° 52' 19" East, a distance of91.03 feet to a point of curve; thence Southeasterly along a curve

to the left, with a radius of 840 feet, and a central angle of 32° 01' 45", an arc distance of 469.57

feet; thence South 26° 48' 05" East, a distance of 599.65 feet to a point of curve; thence

Southeasterly along a curve to the left, with a radius of 600 feet, and a central angle of 58° 42'

45", an arc distance of 614.84 feet; thence South 2° 34' 33" West, a distance of 0.33 feet to a

point of curve; thence Southwesterly along a curve to the right, with a radius of 203.58 feet, and

a central angle of 26° 07' 48", an arc distance of 92.84 feet to a point of tangency; thence South

28° 42' 21" West, a distance of 58.12 feet; thence North 61 ° 17' 39" West, a distance of 110 feet

to a point of curve; thence Westerly along a curve to the left, with a radius of 400 feet, and a

central angle of 28° 42' 21 ", an arc distance of 200.40 feet to a point of tangency; thence due

West, a distance of 99.55 feet to a point of curve; thence Westerly through Southeasterly along a

curve to the left, with a radius of 100 feet, and a central angle of 126° 25' 51", an arc distance of

3

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220.66 feet to a point of tangency; thence South 36° 25' 51" East, a distance of 584.92 feet;

thence South 61 ° 32" 05" East, a distance of 276.33 feet to a point of curve; thence Easterly

along a curve to the left, with a radius of 250 feet, and a central angle of 76° 07" 1 0", an arc

distance of 332.13 feet to a point of tangency; thence North 42° 20' 45" East, a distance of

243.32 feet to a point of curve; thence Northeasterly through Northwesterly along a curve to the

left, with a radius of75 feet, and a central angle of 103° 38' 24", an arc distance of 135.66 feet to

a point of tangency; thence North 61 ° 17' 39" West, a distance of 609.97 feet; thence North 28°

42' 21" East, a distance of 58.12 feet to a point of curve; thence Northerly along a curve to the

left, with a radius of 243.58 feet, and a central angle of 26° 07' 48", an arc distance of 111.09

feet to a point of tangency; thence North 2° 34' 33" East, a distance of 0.33 feet to a point on a

curve; thence Easterly and along a curve to the left, whose tangent bears South 89° 20' 04" East,

with a radius of 600 feet, and a central angle of 4° 37' 49", an arc distance of 48.49 feet to a point

of reverse curve; thence Easterly along a curve to the right, with a radius of 443.38 feet, and a

central angle of 27° 20' 34", an arc distance of 211.59 feet to a point of tangency; thence South

66° 37' 19" East, a distance of 128.17 feet to a point of curve; thence Easterly along a curve to

the left, with a radius of 1,600 feet, and a central angle of 23° 22' 41 ", an arc distance of 652.84

feet to a point of tangency; thence due East, a distance of 321.93 feet; thence South 2° 41' 45"

East, a distance of 217.23 feet; thence South 68° 52' 30" West, a distance of 669.39 feet to a

point of curve; thence Southwesterly along a curve to the left, with a radius of 2,000 feet, and a

central angle of 17° 37' 36" an arc distance of 615.29 feet to the point of tangency; thence South

51 ° 14' 54" West, a distance of 43.38 feet to a point of curve; thence Westerly along a curve to

the right, with a radius of 200 feet, and a central angle of 67° 33' 45", an arc distance of 235.84

4

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

feet to a point of tangency; thence North 61 ° 11' 21" West, a distance of 112.32 feet to a point of

curve; thence Northwesterly through Southwesterly along a curve to the left, with a radius of 150

feet, and a central angle of 109° 01' 42", an arc distance of 285.44 feet to a point of tangency;

thence South 9° 46' 57" West, a distance of 525.30 feet; thence South 5° 37' 03" West, a distance

of 188.61 feet to a point of curve; thence Southwesterly through Northeasterly along a curve to

the left, with a radius of 75 feet, and a central angle of 115° 03' 27", an arc distance of 150.61

feet to a point of tangency; thence North 70° 33' 36" East, a distance of 9.41 feet to a point of

curve; thence Easterly along a curve to the right, with a radius of 400 feet, and a central angle of

39° 22' 57", an arc distance of274.94 feet to a point of tangency; thence South 70° 03' 27" East,

a distance of 206.34 feet to a point of curve; thence Easterly through Northeasterly along a curve

to the left, with a radius of 300 feet, and a central angle of 79° 57' 39", an arc distance of 418.67

feet to a point of tangency; thence North 29° 58' 54" East, a distance of 172.08 feet to a point of

curve; thence Northeasterly along a curve to the right, with a radius of 500 feet and a central

angle of 38° 55' 33", an arc distance of339.69 feet to a point of tangency; thence North 68° 54'

27" East, a distance of 33.53 feet to a point of curve; thence Northeasterly along a curve to the

left, with a radius of 1,200 feet, and a central angle of 15° 38' 57", an arc distance of327.76 feet

to a point of tangency; thence North 53° 15' 30" East, a distance of 400.91 feet; thence South 9°

56' 56" East, a distance of 170.94 feet to a point of curve; thence Southerly along a curve to the

right, with a radius of 900 feet, and a central angle of 9° 56' 56", an arc distance of 156.28 feet to

a point of tangency; thence due South, a distance of70.69 feet; thence South 41 ° 27' 02" West, a

distance of 598.92 feet; thence South 48° 21' 59" West, a distance of 978.49 feet, to a point of

curve; thence Southwesterly through Easterly along a curve to the left, with a radius of 85 feet,

and a central angle of 152° 24' 09", an arc distance of 226.09 feet to a point of tangency; thence

5

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

North 75° 57' 50" East, a distance of 208.38 feet to a point of curve; thence Easterly along a

curve to the right, with a radius of 600 feet, and a central angle of 19° 53' 40", an arc distance of

208.33 feet to a point of tangency; thence South 84° 08' 30" East, a distance of 645.16 feet;

thence due South, a distance of 69.17 feet to a point of curve; thence Southerly along a curve to

the left, with a radius of 440 feet, and a central angle of 17° 06' 56", an arc distance of 131.44

feet; thence South 64° 05' 44" West, a distance of 509.09 feet to a point of curve; thence

Westerly along a curve to the right, with a radius of 400 feet, and a central angle of 36° 19' 06",

an arc distance of 253.55 feet to a point of tangency; thence North 79° 35' 1 0" West, a distance

of 537.70 feet to a point of curve; thence Northwesterly through Southwesterly along a curve to

the left, with a radius of 300 feet, and a central angle of 84° 18' 31", an arc distance of 441.44

feet to a point of tangency; thence South 16° 06' 19" West, a distance of 231.46 feet to a point of

curve; thence Southerly along a curve to the left, with a radius of 1,300 feet, and a central angle

of 20° 34' 28", an arc distance of 466.82 feet to a point of tangency; thence South 4° 28' 09" East,

a distance of 517.87 feet to a point on a curve; thence Southwesterly along a curve to the right,

whose tangent bears South 55° 25' 28" West, with a radius of 650.67 feet, and a central angle of

7° 03' 42", an arc distance of 80.20 feet; thence North 86° 00' 32" West, a distance of 49.64 feet

to a point of curve; thence Northwesterly along a curve to the right, with a radius of 300 feet, and

a central angle of 68° 58' 43", an arc distance of 361.17 feet to a point of tangency; thence North

17° 01' 49" West, a distance of 115.39 feet to a point of curve; thence Northwesterly along a

curve to the left, with a radius of 900 feet, and a central angle of 32° 06' 16", an arc distance of

504.30 feet to a point of tangency; thence North 49° 08' 05" West, a distance of 222.24 feet to a

point of curve; thence Northwesterly through Southwesterly along a curve to the left, with a

6

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

radius of 100 feet, and a central angle of 93° 59' 43", an arc distance of 164.05 feet to a point of

tangency; thence south 36° 52' 12" West, a distance of 267.77 feet; thence South 28° 08' 29"

West, a distance of 401.51 feet; thence North 56° 05' 28" West, a distance of 375.96 feet to the

Point of Beginning. LESS a portion of the above described land, more fully described as

follows, to wit:

Portions of Lots 38, 39, 46, 47, 48, Block 81, PALM BEACH FARMS COMPANY

PLAT NO.3 according to the plat thereof, recorded in Plat Book 2, Page 53, of the public

records of Palm Beach County, Florida, together with that certain 30-foot platted road

reservation lying South of and adjacent to said Lots 46 and 47, and being all more fully described

as follows: commencing at the intersection of the Southerly extension of the West line of Tract

20 of said Block 81, PALM BEACH FARMS COMPANY PLAT NO.3, and the centerline of

that certain 30-foot road reservation lying South of and adjacent to said Tract 20; thence South

41 ° 55' 16" West, a distance of 429.99 feet to the Point of Beginning. Thence South 37° 35' 47"

East, a distance of 399.73 feet; thence South 42° 06' 31" East, a distance of 350.46 feet; thence

South 27° 11' 53" East, a distance of 188.97 feet to a point of curve; thence Southerly through

Southwesterly along a curve to the right, with a radius of 150 feet, and a central angle of 110° 23'

20", an arc distance of 289 feet to a point of tangency; thence South 83 ° 11' 27" West, a distance

of 597.41 feet to a point of curve; thence Westerly through Northerly along a curve to the right,

with a radius of 150 feet, and a central angle of 105° 58' 17", an arc distance of 277.43 feet to a

point of tangency; thence North 9° 09' 44" East, a distance of 825.76 feet to a point of curve;

thence Northeasterly along a curve to the right, with a radius of 100 feet, and a central angle of

133° 14' 29", an arc distance of232.55 feet to a point of tangency and the Point of Beginning.

7

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Said land situate, lying and being in Palm Beach County, Florida, and containing 148.038

acres, more or less.

AND

Parcel "B", SANDALFOOT COVE, SECTION TWO, according to the Plat thereof, as

recorded in Plat Book 29, Pages 15 and 16, of the Public Records of Palm Beach County,

Florida.

AND

A portion of Lot 33, Block 82, PALM BEACH FARMS COMPANY SUBDIVISION,

PLAT NO.3, according to the Plat thereof recorded in Plat Book 2, Page 53 of the Public

Records of Palm Beach County, Florida, more fully described as follows:

Commencing at the intersection of the centerline of Southwest 66th Avenue and the

centerline of Southwest 19th Street, as shown on the plat of SANDALFOOT COVE, SECTION

ONE, according to the Plat thereof recorded in Plat Book 28, Pages 225 and 226 of the Public

Records of Palm Beach County, Florida; thence South 0° 54' 55" East, along a southerly

extension of the said centerline of Southwest 66th A venue, a distance of 40 feet to a point on the

South right-of-way Line of said Southwest 19th Street; thence North 89° 05' 05" East, along said

South right-of-way line, a distance of 140 feet; thence South 0° 54' 55" East, a distance of 632.79

feet; thence South 89° 05' OS" West, a distance of 103.64 feet; thence North 60° 54' 55" West a

distance of 143.79 feet; thence North 0° 54' 55" West, a distance of 107.55 feet; thence South

89° 05' 05" West a distance of28 feet to the Point of Beginning; thence North 0° 54' 55" West, a

distance of 93.34 feet; thence North 89° 05' 05" East, a distance of 28 feet; thence North 0° 54'

55" West, a distance of 10 feet; thence South 89° 05' 05" West, a distance of 89.80 feet; thence

8

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

South 44° 05' 05" West, a distance of 146.14 feet; thence North 89° 05' 05" East, a distance of

165.14 feet to the Point of Beginning.

9

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

PALM BEACH COUNTY" ZONING DIVISION FORM #.JliL

EXHIBIT"B"

DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT

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 Address Percentage of Interest

Cove General, Inc. (General Partner) 1400 Country Club Dr., Boca Raton 33428 .65%

Charlotte T. Weaver, Matthew T. Weaver, and G. Michael Martin, as Trustees of the Weaver

Golf Trust U/ND April 30, 1987 (limited Partner) - 9524 Cross Creek Dr., Boynton Beach, 33436 60.07%

David D. Welch (Limited Partner) - 2401 E. Atlantic Blvd., Suite 400, Pompano Beach, 33062 31.22%

Chris Sova (Limited Partner)- 1400 Country Club Dr., Boca Raton, 33428

Disclosure of Beneficial Interest Ownership form

8.06%

Created 01/22/2007 Updated 01/31/2007

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

Exhibit E: Photos

View from golf cart path to tower site

Fenced north property line of leased area

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

View of Golf Maintenance Facility from sidewalk

West golf cart access. The full width of 10-foot Type I buffer is provided at this location to screen the view of the accessory equipment and base of tower.

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

View from golf cart path through the west golf cart access (restricted to golf course maintenance personnel.

Access Road and Utility site to east of the subject site.

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

EXHIBIT F: TOWER CONSULTANT’S REPORT

08 January 2008

RCC CONSULTANTS, INC. TECHNICAL REVIEW REPORT

ZONING PETITION TOWER REVIEW SERVICES for

PALM BEACH COUNTY for

VERIZON - BOCA DUNES - BOCA RATON 100' STEALTH FLAGPOLE TOWER

Tower Petition Application No. W-2007-01201 Tower Control Number 2007-00347

This report is in response to the Palm Beach County request to perform professional Engineering Services related to the Verizon Wireless Petition to construct a 100' Stealth Flagpole Tower located at Boca Dunes Golf Course, 22428 Southwest 65th Avenue in Boca Raton, Florida. RCC Consultants, Inc. has been contracted to review, analyze and evaluate the propagation study submitted by the petitioner to demonstrate that the requested site and proposed antenna height is required to meet their communications coverage needs. The review has determined that the submitted information is accurate, based on appropriate technical criteria, and confirmed that viable alternative sites cannot provide adequate coverage required by the applicant. When performing these reviews, we have considered other communication system aspects such as the support structure, the equipment housing facilities, antenna configurations, the type of antenna, the antenna mounting, and other related issues affecting signal propagation.

RCC was required to perform a tower search for any towers located within a one (1) mile radius of the proposed tower.

A tower search was completed and the Antenna Structure Registration section of the Federal Communications Commission confIrmed that there was one other structure that had been approved for construction by A.T.&T. Wireless Services, Inc. located within a one (1) mile radius of the proposed tower located at Latitude 26-20-31.1 North and Longitude 80-11-51.15 West. That tower was never constructed and the applicant cancelled their Registration in October, 2002. (please see the attached Antenna Structure Registration Search Results).

RCC Consultants, Inc. 2425 Millcreek Court. Tallahassee, FL 32308-4375 tel (850) 224-4451. fax (850) 224-3059

;

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

;

Name Subject Date Page 2 of 2

RCC was required to confinn the accuracy of the coverage prediction analysis submitted by the petitioner for one carrier at this location.

Utilizing its suite of proprietary coverage prediction software, RCC has confinned the applicant's model to be substantially accurate using the parameters established by the applicant and RCC's radio propagation tools. (See coverage prediction maps)

Therefore, upon completion of its review, RCC takes no exception to the findings of the petitioner based on the technical parameters submitted.

Submitted by:

John M. Hogan, P.E. Director, Southeast Region RKB/rkb

Enclosure

cc: R. Keith Barousse

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

RCC ComsiteDesign Map

0.0 0.4 0.8 1.2 Mi

Page 1 of 1

Coverage without Proposed Boca Dunes Site

Cornpany: RCC Consultants, Inc. Project: Boca Dunes Engineer: Robert Hunter Notes: Lack of in-building coverage in the Boc Dunes area.

1/3/20084:28:16 PM

Server-Fwd

above -85 dBrn (In-Building)

above -95 dBrn (Street Level)

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

RCC ComsiteDesign Map

2

0.0 0.4 0.8 1.2 Mi

Page 1 of 1

Coverage with Proposed Boca Dunes Site

Company: RCC Consultants, Inc. Project: Boca Dunes Engineer: Robert Hunter Notes: Improved In-building coverage in the Bo a Dunes area.

1/7/20084:39:35 PM

above -85 dBm (In-Building)

above -95 dBm (Street Level)

;

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Application No. W-2008-01529 BCC District 05 Control No. 2007-00347 Project No. 05493-000

- --_ ........ -.--o-.... ----~-- - -- --- -. --- -----

FCC Federal, . C-( t., '.':) CommunJcat'ons

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FCC> WT6 > ASR > OnlinE! systems > ASR Search FCC Site MaR

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Registration Number

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File Owner Status Number Name

Cancelled A0285312 AT&T Wireless Services, Inc.

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26-21-07.0N Boca Raton, 080-12-18.0W FL

Matches 1-1 (of 1) 1

Overall Height Above Ground (AGl)

30.4

ASR License Glossary - .EAQ - Online Help - Documentation - Technical Support

TOWAIR- CORES - ASR Online Filing - Application Search - Registration Search

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Federal Communications Commission 445 12th Street SW

Phone: 1-877-480-3201 TIY: 1-717-338-2824 Submit Help Request Washington, DC 20554

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http://wireless2.fcc.govlUlsApp/AsrSearchiasrResults.jsp;JSESSIONID_ASRSEARCH=kL...1/812008

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