 |
 |
 |
 |
 |
 |
 |
||||||
|
||||||||||||
MEETING: BOARD OF COUNTY COMMISSIONERS, COMPREHENSIVE PLAN TRANSMITTAL PUBLIC HEARING FOR ROUND 99-2 I. CALL TO ORDER: July 28, 1999, at 9:34 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida. I.A. ROLL CALL MEMBERS AND OFFICERS PRESENT: Chair Maude Ford Lee Vice-Chair Warren H. Newell - Arrived later Commissioner Burt Aaronson Commissioner Mary McCarty - Absent Commissioner Karen T. Marcus Commissioner Tony Masilotti - Absent Commissioner Carol A. Roberts Assistant County Attorney Robert P. Banks Deputy Clerk Joan Haverly I.B.1. PRAYER - Commissioner Lee I.B.2. PLEDGE OF ALLEGIANCE 1.C. REMARKS OF THE CHAIR The Palm Beach County, Florida, Board of County Commissioners (BCC) has convened to hear and consider public comments, pursuant to Chapter 163, Part II, Florida Statutes, Chapters 9J-5 and 9J-11, Florida Administrative Code, and other authority, on the transmittal of Comprehensive Plan Amendment Round 99-2. This public hearing is being held on Wednesday, July 28, 1999, at the Jane M. Thompson Memorial Chambers, Sixth Floor, 301 North Olive Avenue, West Palm Beach, Florida. This public hearing may be continued to another time and place as necessary. The proposed amendments to the 1989 Palm Beach County Comprehensive Plan include text amendments and site specific amendments to the Future Land Use Atlas. Adoption of the transmitted amendments by the BCC will be in December, 1999. The Local Planning Agency (LPA) held its public hearings on these amendments on June 11, 18, 25, and July 9, 1999. I.D. PROOF OF PUBLICATION APPROVED 7-28-99 MOTION to receive and file Proof of Publication 604653. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 4-0. Commissioners McCarty, Masilotti, and Newell absent. I.E. PLANNING DIRECTOR COMMENTS (CLERK'S NOTE: Items I.E.2. and I.E.3. precede Item 1.E.1.) I.E.2. DOCUMENT R-99-1420-D AMENDMENT 1 TO AN INTERLOCAL AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A NO-COST TIME EXTENSION TO NOVEMBER 30, 1999, AND FOR A REVISION TO EXHIBIT A1 (PAYMENT AND DELIVERABLE SCHEDULE) IN THE SHARING OF DEVELOPMENT COSTS OF THE AGRICULTURAL RESERVE MASTER PLAN. (AMENDS R-98-963-D) APPROVED 7-28-99 Planning Director Frank M. Duke explained that the amendment agreement with the South Florida Water Management District had been sent to him yesterday for Board action at today's meeting, although unrelated to the Comprehensive Plan. It needed to be acted on by the end of the month, he said. MOTION to authorize the Chair to sign the amendment agreement with the South Florida Water Management District. Motion by Commissioner Aaronson, seconded by Commissioner Roberts, and carried 4-0. Commissioners McCarty, Masilotti, and Newell absent. I.E.3. PROPOSED SCHEDULE FOR PLAN AMENDMENTS IN 2000. APPROVED RECEIPT AND FILE 7-28-99 Planning Director Duke discussed the proposed schedule for the next two large-scale amendment rounds, 00-1 and 00-2. He explained that the Unified Land Development Code required that the Board announce the schedule in advance of the amendment submittal deadline. The proposed schedule is as follows: Activity 00-1 00-2 Window Closes 10-1-99 2-4-2000 LUAB Initiation Review 11-19-99 3-10-2000* BCC Formal Initiation 12-13-99 March-end, 2000 LPA Public Hearing 2-11, 2-18, 6-9, 6-16, & & 2-25, 2000* 6-23, 2000* BCC Transmittal Hearing March-end, 2000 July-end, 2000 ORC Report Received from DCA June-mid, 2000 October-early 2000 BCC Adoption Hearing September-mid, November-end, 2000 2000 Notice of Intent to Find in Compliance October 2000 January 2001 * These dates are tentative. MOTION to receive and file the schedule. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 4-0. Commissioners McCarty, Masilotti, and Newell absent. (CLERK'S NOTE: Commissioner Newell joined the meeting.) I.E.1. INITIATION OF SPECIAL AMENDMENT ROUND, 99-PS1, FOR SCHOOL CONCURRENCY Public Education Introduction and Administration Map Series This proposed amendment will replace the existing Public Education Element with a new Public School Facilities Element consistent with the requirements of Section 163.3177, Florida Statutes, for establishing school concurrency. It will also revise the appropriate definitions within the Introduction and Administration Element and add the required maps to the Map Series, illustrating the location of school facilities and establishing school concurrency service areas. Justification: This amendment will ensure compliance with recent school concurrency legislation by meeting the minimum requirements of Rule 9J-5.025, Florida Administrative Code. Capital Improvement This proposed amendment will revise the Capital Improvement Element for consistency with the proposed Public School Facilities Element. Justification: This amendment will ensure compliance with recent school concurrency legislation. Staff Recommendation: Initiate Amendment Round 99-PS1 and the items as presented. Local Planning Agency Recommendation: Approval of staff's recommendation. The proposed schedule for Special Amendment Round 99-PS1 is as follows: BCC Formal Initiation July 28, 1999 LPA/LUAB Public Hearing September 17, 1999 BCC Transmittal Hearing September 29, 1999 BCC Adoption Hearing Late November 1999 MOTION to initiate Special Amendment Round 99-PS1 pursuant to staff assessment. Motion by Commissioner Aaronson, seconded by Commissioner Marcus, and carried 5-0. Commissioners McCarty and Masilotti absent. II. OPEN PUBLIC HEARING II.A. TEXT AND MAP AMENDMENTS RELATED TRANSPORTATION (CLERK'S NOTE: Items II.A.1. and II.A.8. were considered together, in accordance with Board direction given at the Zoning meeting of July 22, 1999.) II.A.1. FOREST HILL BOULEVARD CRALLS AMENDMENT DESIGNATING A CONSTRAINED ROADWAY AT LOWER LEVEL OF SERVICE (CRALLS) FACILITY FOR ROADWAY SEGMENTS IN THE VICINITY OF FOREST HILL BOULEVARD AND STATE ROAD 7 (U.S. 441), AND VARIOUS INTERSECTIONS ALONG FOREST HILL BOULEVARD. (P.O.P. 604653) CONTINUED TO AUGUST 24, 1999, AT 11:00 A.M. TIME CERTAIN 7-28-99 Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 24, 1999. II.A.8. OKEECHOBEE BOULEVARD TIM AMENDMENT MODIFYING THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) BY DELETING THE SEGMENT OF OKEECHOBEE BOULEVARD WEST OF LION COUNTRY SAFARI TO ITS TERMINUS AT STATE ROAD 80 (SOUTHERN BOULEVARD). THE ROADWAY IS CURRENTLY SHOWN ON THE TIM AS A 200-FOOT RIGHT-OF-WAY. (P.O.P. 604653) CONTINUED TO AUGUST 24, 1999, AT 11:00 A.M. TIME CERTAIN 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 24, 1999. Planning Director Duke reminded the Board that they wished the continued public hearing to begin at 11:00 a.m. time certain. MOTION to CONTINUE the public hearing on Items II.A.1. and II.A.8. to August 24, 1999, at 11:00 a.m. time certain. Motion by Commissioner Newell and seconded by Commissioner Aaronson. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. (CLERK'S NOTE: Items II.A.2., II.A.3., II.A.4., II.A.5., II.A.6., and II.A.7. were considered together, in accordance with Board direction given at the Zoning meeting of July 22, 1999.) II.A.2. CENTRAL BOULEVARD CRALLS AMENDMENT DESIGNATING A CONSTRAINED ROADWAY AT LOWER LEVEL OF SERVICE (CRALLS) FACILITY FOR THE SEGMENT OF CENTRAL BOULEVARD BETWEEN INDIANTOWN ROAD AND ROEBUCK ROAD. (P.O.P. 604653) CONTINUED TO AUGUST 17, 1999, AT 2:00 P.M. TIME CERTAIN WITH WOOLBRIGHT ROAD LOWER LEVEL OF SERVICE THE FIRST ITEM TO BE CONSIDERED AND APPLICATION 99-110 COM 1 THE LAST 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 17, 1999. II.A.3. WOOLBRIGHT ROAD LOWER LOS AMENDMENT DESIGNATING A LOWER LEVEL OF SERVICE (LOS) FOR THE SEGMENT OF WOOLBRIGHT ROAD FROM MILITARY TRAIL TO EL CLAIR RANCH ROAD TO ALLOW DEVELOPMENT OF A PUBLIC MIDDLE SCHOOL. IN ADDITION, THE AMENDMENT WILL DELETE OUTDATED LANGUAGE ALLOWING A LOWER LOS FOR A SEGMENT OF JOG ROAD IN ORDER TO ACCOMMODATE A PUBLIC SCHOOL IN THAT AREA. (P.O.P. 604653) CONTINUED TO AUGUST 17, 1999, AT 2:00 P.M. TIME CERTAIN WITH THIS ITEM THE FIRST ITEM TO BE CONSIDERED AND APPLICATION 99-110 COM 1 THE LAST 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 17, 1999. II.A.4. TRANSPORTATION UPDATES AMENDMENT REVISING AND UPDATING SEVERAL POLICIES OF THE TRANSPORTATION ELEMENT BASED ON THE LATEST INFORMATION PROVIDED BY THE IMPLEMENTING COUNTY DEPARTMENTS AS IDENTIFIED IN THE 1998 COMPREHENSIVE PLAN ANNUAL REPORT. (P.O.P. 604653) CONTINUED TO AUGUST 17, 1999, AT 2:00 P.M. TIME CERTAIN WITH WOOLBRIGHT ROAD LOWER LEVEL OF SERVICE THE FIRST ITEM TO BE CONSIDERED AND APPLICATION 99-110 COM 1 THE LAST 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 17, 1999. II.A.5. DONALD ROSS ROAD TIM AMENDMENT MODIFYING THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) BY DELETING THE 120-FOOT RIGHT-OF-WAY SEGMENT OF DONALD ROSS ROAD WEST OF JOG ROAD. (P.O.P. 604653) CONTINUED TO AUGUST 17, 1999, AT 2:00 P.M. TIME CERTAIN WITH WOOLBRIGHT ROAD LOWER LEVEL OF SERVICE THE FIRST ITEM TO BE CONSIDERED AND APPLICATION 99-110 COM 1 THE LAST 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 17, 1999. II.A.6. NORTHLAKE BOULEVARD TIM AMENDMENT MODIFYING THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) BY REDUCING THE RIGHT-OF-WAY OF NORTHLAKE BOULEVARD FROM 180 FEET TO 120 FEET WEST OF IBIS GOLF AND COUNTRY CLUB. (P.O.P. 604653) CONTINUED TO AUGUST 17, 1999, AT 2:00 P.M. TIME CERTAIN WITH WOOBRIGHT ROAD LOWER LEVEL OF SERVICE THE FIRST ITEM TO BE CONSIDERED AND APPLICATION 99-110 COM 1 THE LAST 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 17, 1999. II.A.7. 13TH STREET TIM AMENDMENT MODIFYING THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) BY ADDING THE SEGMENT OF 13TH STREET FROM ALTERNATE AIA TO THE PORT OF PALM BEACH AS A 108-FOOT RIGHT-OF-WAY. (P.O.P. 604653) CONTINUED TO AUGUST 17,1999, AT 2:00 P.M. TIME CERTAIN WITH WOOLBRIGHT ROAD LOWER LEVEL OF SERVICE THE FIRST ITEM TO BE CONSIDERED AND APPLICATION 99-110 COM 1 THE LAST 7-28-99 Revised Staff Recommendation: Continuation of the public hearing on the proposed amendment to August 17, 1999. II.B.4. APPLICATION 99-110 COM 1 APPLICATION TO THE FUTURE LAND USE ATLAS ON THE 2.66-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF GLADES ROAD AND 95TH AVENUE SOUTH, APPROXIMATELY 2,700 FEET EAST OF STATE ROAD 7 (U.S. 441) (COMMON NAME: AFFIRMATION 2; OWNER-APPLICANT: FLORIDA BAHAMAS SERVICE CORPORATION AND KINDERCARE LEARNING CENTER/PBM DEVELOPMENT, INC.), CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL 5 (MR-5) TO COMMERCIAL LOW WITH AN UNDERLYING MEDIUM RESIDENTIAL 5 (CL/5). (P.O.P. 604653) CONTINUED TO AUGUST 17, 1999, AT 2:00 P.M. TIME CERTAIN WITH WOOLBRIGHT ROAD LOWER LEVEL OF SERVICE THE FIRST ITEM TO BE CONSIDERED AND THIS ITEM THE LAST 7-28-99 Staff Recommendation: Denial. MOTION to CONTINUE the public hearing on Items II.A.2., II.A.3., II.A.4., II.A.5., II.A.6., and II.A.7. to August 17, 1999. Motion by Commissioner Aaronson. Planning Director Duke directed the Board's attention to a letter distributed earlier from Kilday & Associates requesting continuance of Item II.B.4. (Affirmation 2) to the August 17 meeting. Commissioner Aaronson said he had no objection to continuing the item but asked to know the reason for the request. Kieran J. Kilday, agent for the Affirmation 2 applicant, explained that the property owner had agreed to restrict his property to single use and as such had met with representatives of two property owners associations directly abutting his property, the latest meeting being held last evening. The property owner association representatives essentially agreed to support the application but requested the creation of a buffering and landscaping agreement. Accordingly, they asked the applicant to request the postponement in order to meet with him on August 10 to work out the agreement. MOTION DIED FOR LACK OF SECOND. MOTION to CONTINUE the public hearing on Items II.A.2., II.A.3., II.A.4., II.A.5., II.A.6., II.A.7., and II.B.4. to August 17, 1999, at 2:00 p.m. time certain, with Woolbright Road Lower LOS being the first item to be considered and Application 99-110 COM 1 the last. Motion by Commissioner Marcus and seconded by Commissioner Aaronson. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.A.8. See Pages 3 and 4. II.B. PRIVATELY INITIATED SITE SPECIFIC AMENDMENTS - To the Future Land Use Atlas II.B.1. APPLICATION 99-93 COM 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 15.0-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF HAGEN RANCH ROAD AND THE FUTURE EXTENSION OF FLAVOR PICT ROAD (COMMON NAME: FLAVOR PICT/HAGEN [WHITWORTH]; OWNER-APPLICANT: WHITWORTH PROPERTY MANAGEMENT, INC.), CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW RESIDENTIAL 3 (LR-3) TO COMMERCIAL LOW (CL/3). (P.O.P. 604653) APPROVED TRANSMITTAL AS MODIFIED BY THE APPLICANT AND WITH CONDITIONS AS AMENDED 7-28-99 Staff Recommendation: Transmittal of the proposed amendment as modified by the applicant and with conditions. Local Planning Agency Recommendation: Approval of staff's recommendation. Alternative Staff Recommendation: Transmittal of the proposed amendment as modified by the applicant, subject to the following conditions: 1. A maximum gross square footage of 120,000 on site, of which there shall be: a. a maximum of 100,000 square feet of retail use, of which there shall be a grocery store with a minimum of 50,000 square feet and a maximum of 56,000 square feet; and b. a minimum of 20,000 square feet of office. 2. A minimum of two shaded pedestrian pathways (one to the west and one to the north), and one vehicular access, shall be provided to establish interconnectivity with the immediately adjoining residential land. 3. A 60 foot wide landscape buffer along Hagen Ranch Road and a 50 foot wide landscape buffer along Flavor Pict Road shall be installed and maintained by the developer. No encroachment of any easements or reductions permitted. 4. The height of the buildings shall be limited to 35 feet measured from finished grade to highest point. 5. The following uses, as defined in the Palm Beach County Unified Land Development code, shall be prohibited on the site: a) Fast Food Restaurants b) Cocktail Lounge c) Indoor Entertainment d) Adult Entertainment Establishments e) Automotive Service Stations f) Automotive Repair - General Repair g) Convenience Stores With or Without Gas Sales Additional Staff Recommendation: The BCC may also direct staff to bring back the remainder of the conditions, as attached, for consideration during the rezoning process: 1. The developer shall install and maintain a 60 foot landscape
buffer along the property's Hagen Ranch Road frontage and a 50 foot landscape buffer along
its Flavor Pict Road frontage. 2. The property's Hagen Ranch Road buffer shall be planted with ground cover, shrubs, and trees to create a 90% opaque screen serving as a visibility and sound barrier as viewed from Hagen Ranch Road. 3. Owner of the center to have the complete obligation to perpetually maintain the growing sight and sound barrier within the buffer area. 4. The landscape buffers shall include a 3 ½ to 4 ½ foot earthen
berm (average height of 4 feet) along Hagen Ranch Road and Flavor Pict Road, with full
landscape and plantings on the berm. This berm and landscaping shall be installed along
Hagen Ranch Road for the entire length of the applicant's property from Flavor Pict Road
to the canal at the northern boundary of the applicant's property. 5. All lighting, street and building, within the tract to be capped, with all light to be projected downward, and no light spillage outward or upward; No High powered arc or flood lighting; all lighting to be soft lighting. All exterior lighting within complex to be off within ½ hour following the closing of businesses except security lights. 6. The property shall be restricted to one entrance from Hagen Ranch Road. Additionally, the developer shall construct an access road from Pipers Glen Blvd extension (similar to Regency entrance form Jog Road through its access road). This access road shall be buffered with berms and landscaping similar to that along the center's frontage. Additionally, developer to install signalization at the intersection of Pipers Glen Blvd and Hagen Ranch road, prior to the first Certificate of Occupancy subject to the approval of the County engineer. 7. The applicant shall install signalization at the intersection
of Hagen Ranch Road and Flavor Pict Road not later than three years following the
completion of the construction of the shopping center 8. Operation hours LIMITED to 7:00 A.M. to 10:00 P.M. except for one (1) additional hour for employees only and except for restaurants which may remain open to 11 P.M. on weekdays and 12:00 AM on Fridays and Saturdays. 9. No deliveries to commercial shopping establishments between 10:00 P.M. to 7:00 A.M. NO OVERNIGHT PARKING (except at loading dock) AND NO IDLING OF DELIVERY VEHICLES during NON-delivery hours. 10. All Deliveries to commercial establishments through rear of establishments AND at West or North side of buildings. 11. All parking lanes to be separated by landscaped islands. NO sea of asphalt parking lots. 12. NO building more than THIRTY (30) FEET HIGH except for the Grocery Store which shall be no more than THIRTY-FIVE (35) FEET HIGH. Buildings along the eastern side of the property shall not be higher than 25' except for peaked roofs. 13. NO FAST FOOD, BARS, POOL ROOMS OR GAMING STORES, ADULT BOOK OR ADULT ENTERTAINMENT ESTABLISHMENTS, GAS STATIONS, AUTOMOTIVE REPAIR OR SERVE STATION, CONVENIENCE STORES. 14. Require that the center MUST have a major food supermarket: without that supermarket, there should not be any other commercial on the site and the land use designation should revert to LR3. 15. There should be sufficient speed bumps OR OTHER SPEED CONTROL METHODS within the complex to prevent speeding within the complex. 16. The developer shall establish a security program within the complex for the full time that the complex is in operation and for at least one additional hour after closing in cooperation with surrounding communities. 17. The signs for the complex should not be on Pylons and should be discrete monument signages, no higher than the berm and hedge material and no more than a total of 100 square feet in size. 18. The applicant should be required to provide a deceleration lane as required and approved by the County Engineer. There should be turning lanes at all entrances. 19. The remainder of the applicant's entire tract, including the balance of the entire 160 acres, should be committed to the present land use of LR3, with the exception of ten (10) additional acres which shall be restricted to residential land uses for the purposes of accommodating an ACLF, CLO, or LR3, with no direct access on Hagen Ranch Road, and the applicant's covenant should prohibit the change of land use designation for any more than this (10) acres and the 15 acres which are the subject of the present application. 20. If there is a median strip in Hagen Ranch Road, the applicant shall plant trees, ground cover, landscaping and irrigation. 21. ALL OF THE ABOVE TO BE MADE CONDITIONS OF APPROVAL, RECORDED AS COVENANTS RUNNING WITH THE LAND, AND THE COVENANTS TO CONTAIN A PROHIBITION AGAINST ANY CHANGE OR MODIFICATION UNLESS OR UNTIL FOUR (4) COUNTY COMMISIONERS APPROVE THE CHANGE. ALL OF THESE COVENANTS AND CONDITIONS SHALL RUN WITH THE LAND, AND BE RECORDED IN THE PALM BEACH COUNTY CLERK'S OFFICE OF LAND RECORDS, AS A CONDITION OF THE APPROVAL OF THE LAND USE CHANGE, AND SHALL STATE THAT THEY ARE NOT VOLUNTARY. Senior Planner Carl A. Flick said the application before the Board was originally for 25 acres with allowance for a community or regional commercial center. Based on concerns raised by staff, the applicant modified the application to 15 acres with a neighborhood level of commercial at the site. Of the total 120,000-square-foot developed area, 100,000 square feet would be retail commercial, with between 50,000 and 56,000 square feet designated for a grocery store, and 20,000 square feet would be office. Planning Director Duke added that staff and the Land Use Advisory Board (LUAB) recommendation was approval subject to conditions limiting the square footage and providing for interconnectivity with adjoining parcels (Conditions 1. and 2. of the group of 5 conditions above). He directed the Board's attention to a distributed sheet of conditions (group of 21 conditions above) developed by the agent and residents following the June 11, 1999, LUAB meeting. Planning staff and Zoning staff had reviewed the 21 conditions and determined that 3 would be appropriate at the time of the Comprehensive Plan amendment. Consequently, they are now Conditions 3., 4., and 5. of the group of 5 conditions. Kieran J. Kilday, agent, agreed to the conditions. PUBLIC COMMENT: Michael H. Reeder, chair of the Ad Hoc Committee and director-elect of the Board of Directors of the Lakeridge Falls Homeowners Association, brought out the following: • The following communities are adversely affected by the application: Lakeridge Falls, San Marco, Lakeridge Greens, Lakes of Westchester, Valencia Lakes, Villa Borghese, Coral Lakes, and nine communities belonging to the Westchester Master Association. • The communities are opposed to the application. • The communities believe the application should be denied in the interests of sound planning and preservation of the character and quality of the Hagen Ranch Road residential corridor. • The communities further believe that, notwithstanding their opposition and the validity of their arguments against the application, the application will be approved. • Therefore, while the communities do not support the application, they are no longer able to oppose it. In consequence whereof, they met with the agent and together developed the restrictive covenant and 21 conditions given earlier. Mr. Reeder submitted for the record the following documentation: (1) seven-page statement of detailed opposition to the application; (2) 48 pages of petitions against the application; (3) letter from John I. Whitworth, owner of Whitworth Farms, applicant, confirming his agreement to prepare a covenant running with the land, including the 21 conditions detailed earlier; and (4) Mr. Reeder's presentation to the Board. It should be noted that in Mr. Whitworth's letter, he indicated a revision to Condition 1. to include a provision for additional trees to be planted within the Lakeridge Falls buffer area on the east side of Hagen Ranch Road. MOTION to receive and file the documentation. Motion by Commissioner Aaronson and seconded by Commissioner Roberts. Commissioner Aaronson acknowledged there was some validity in the community's opposition but asserted there was an overwhelming need for additional commercial in the area in order to disperse traffic from all areas of the County. He cited his telephone log of calls received in response to the application: 9,924 calls in support, and 2,130 calls in opposition. Mr. Aaronson asked if, should the application be approved today, the applicant could be directed to honor his letter of agreement. Mr. Duke recalled staff's recommendation, part of which was that the 21 conditions be brought back for consideration during zoning. Commenting that he had not seen the 21 conditions until today, Assistant County Attorney Banks noted that some of them were appropriate between parties but not appropriate in a zoning resolution. He cited as an example Condition 14, which stated that if the supermarket were not built, the land use designation would revert to residential. Mr. Banks advised that the County could not have self-executing plan amendments. If a commercial enterprise were not under construction, the County could initiate an amendment to remove commercial but could not automatically take it away. Commissioner Aaronson said he wanted to ensure that the Board had legal grounds to deny any other commercial venture in the absence of a supermarket. Mr. Banks responded that the matter before the Board was for transmittal to the Department of Community Affairs (DCA). While it was being reviewed by the DCA, the County could review the conditions and attempt to arrive at enforceable conditions. Commissioner Marcus remarked that language could be drafted today and included with the transmittal to DCA, specifying that if the supermarket were not under construction within, say, three years, the commercial land use designation would be brought back to the Board for reversion to residential. Agent Kilday said the applicant would need four years. Mr. Banks added that the Board was putting the property owner on notice that they could take land use away to try to eliminate any future claim under the Bert J. Harris, Jr., Private Property Rights Protection Act. Ms. Marcus raised the issue of architectural or roof design compatibility. Mr. Kilday said the applicant would meet with Lakeridge Falls representatives to work on the architecture program with them. UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. The following persons spoke in support of the application: Murray Kalish, Sylvia C. Wolfe-Herman, Bill Sadoff, and Sandra Greenberg, vice-president of Coalition of Boynton West Residential Associations (COBWRA). Ms. Greenberg indicated COBWRA's support was contingent on the conditions and on the applicant working with the community to make the center as appropriate and beautiful as possible. Assistant County Attorney Banks read the following new condition into the record: If a shopping center, including supermarket, is not under construction within four years from the effective date of the amendment, County staff shall bring to the Board of County Commissioners for initiation an amendment to designate the subject property as Low Residential 3, the prior designation. Agent Kilday agreed to the condition. MOTION to transmit the proposed Flavor Pict/Hagen (Whitworth) amendment as modified by the applicant and with all five conditions (the first group of conditions). Motion by Commissioner Marcus and seconded by Commissioner Newell. Planning Director Duke asked if the motion now included six conditions rather than five. Commissioner Marcus agreed. AMENDED MOTION to include a sixth condition (as articulated by Mr. Banks). The maker and seconder agreed. Upon call for a vote, the motion carried 5-0. Commissioners McCarty and Masilotti absent. RECESS At 10:21 a.m., the Chair declared a recess. RECONVENE At 10:27 a.m., the Board reconvened with Commissioners Aaronson, Lee, Marcus, Newell, and Roberts present. II.B.2. APPLICATION 99-99 COM 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 25.9-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JOG ROAD AND LAKE IDA ROAD (COMMON NAME: LAKE IDA/JOG [SPALDING]; OWNER-APPLICANT: THOMAS SPALDING AND BETTY JO SPALDING; GIANOLIO LIMITED PARTNERSHIP), CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL 5 (MR-5) TO COMMERCIAL LOW (CL/5) FOR 17.78 ACRES AND FROM MR-5 TO COMMERCIAL LOW OFFICE WITH AN UNDERLYING 5 UNITS PER ACRE (CL-O/5) FOR 8.12 ACRES. (P.O.P. 604653) APPROVED TRANSMITTAL WITH CONDITIONS AS AMENDED 7-28-99 Staff Recommendation: Denial. Local Planning Agency Recommendation: Approval with conditions (Alternative Action 3), with a modification of landscape buffer from 20 feet to 25 feet. Staff offered the following possible actions to the Board: 1. Motion to recommend denial of the requested MR-5 to CL/5 on the southern 17.78 acres, and MR-5 to CL/O-5 on the northern 8.12 acres, thereby retaining the existing MR-5 Future Land Use Atlas designations for the property, based on a finding that one, or more, of the factors required does not exist, that the need has not been adequately demonstrated, or that the requested future land use designation would not be compatible with existing, adjacent residential land uses. 2. Motion to recommend approval of the requested MR-5 to CL/5 on the southern 17.78 acres and MR-5 to CL-O/5 on the northern 8.12 acres without the conditions as proposed by the applicant, based on a finding that one, or more, of the factors required exists, that the need has been adequately demonstrated, and that the requested future land use designation would be compatible with existing, adjacent residential land uses. 3. Motion to recommend approval of the requested MR-5 to CL/5 on the southern 17.78 acres, and MR-5 to CL-O/5 on the northern 8.12 acres with the following conditions as proposed by the applicant, based on a finding that one, or more, of the factors required exists, that the need has been adequately demonstrated, and that the requested future land use designation would be compatible with existing, adjacent residential land uses. 1. Landscaping and buffering, on the proposed CL/5 portion of this amendment, adjacent to residential zoning districts shall be upgraded to nclude: 1. A minimum fifty (50) foot wide landscape buffer strip, reductions shall not be permitted; 2. Vegetation and landscaping in this area shall be determined by the Planning and Zoning Division at the time of Development Review Committee review; 3. No water retention shall be located within the fifty (50) foot wide buffer; 4. Vegetation or non-living barrier shall provide 100% opacity. 2. Landscaping and buffering, on the proposed CL-O portion of this amendment, adjacent to residential zoning districts shall be upgraded to include: 1. A minimum twenty (20) foot wide landscape buffer strip, reductions shall not be permitted; 2. Vegetation and landscaping in this area shall be determined by the Planning and Zoning Division at the time of Development Review Committee review; 3. No water retention shall be located within the twenty (20) foot wide buffer; 4. Vegetation or non-living barrier shall provide 100% opacity. Planner Matthew Zern explained that staff was recommending denial of the application based on several factors: • Applicant did not demonstrate any new or changed conditions in the area since 1989 that justified a land use change of this site to commercial. • Applicant said that the site's location on the roadway was less desirable for residential development and that a water utility easement bisecting the southern portion of the property created an inability to develop the property residentially. Staff agrees the easement creates an inconvenience but believes the inconvenience exists whether the property is developed residentially or commercially. Staff further agrees there may be more flexibility for nonresidential development and non-single-family development as opposed to single-family development. • While staff believes the southern portion of the site can be made compatible, particularly with the proposed buffering, they have marked compatibility concerns with the proposed office portion of the site. A two-story office development would be intrusive to and disruptive of the character of the neighborhood. Extension of commercial down the parcel could also lead to problems associated with strip commercial development. Mr. Zern noted that all levels of urban services could be met by 2015 and that roadways would not exceed capacity by 2015. Mr. Zern said that public response to the amendment consisted of 40 persons in opposition and 14 letters in opposition, most notably a letter from the City of Delray Beach, a letter from 87 residents of Villa Borghese, a letter from the Progressive Residents of Delray (PROD), and nine letters from residents of Huntington Pointe. Additionally, staff had received a letter of support from Huntington Pointe Association. Following the presentation of Robert A. Bentz, agent, Planning Director Duke told Commissioner Aaronson that a major issue was the potential for the long and narrow site to be construed as strip commercial development. He confirmed Mr. Bentz's comment that the northern 8.12-acre portion was the source of the greatest concern to staff, whatever its commercial designation. Mr. Duke acknowledged that were the northern portion removed, staff would have no objection to the application. Eventually, it could be given over to an institutional-type use, he said. Commissioner Aaronson remarked that he had received telephone calls from residents objecting to an institutional use, such as an adult congregate living facility. PUBLIC COMMENT: Murray Kalish supported medical offices on the northern extension. Allen Sigman objected to the application, stating he had been assured when he moved into the area that it was and would remain residential. Further, a commercial site would increase traffic in the residential area, which was already afflicted with much traffic. Evelyn Spielholz cited her concerns that commercial development would increase traffic as well as traffic accidents. Should the venture be approved, she urged that the agreed-upon deed restrictions be met. Robert Suchoff, vice-president of Huntington Pointe Association, supported the application on behalf of his board. He recommended group medical practices on the property, which he said were lacking in the area. Support was conditioned on the developer honoring his promises to the community, he concluded. Diane Dominguez, director of planning and zoning for the City of Delray Beach, expressed the unanimous opposition of the Delray Planning and Zoning Board and City Commission. Her comments included: • The property was in the city's future annexation area, but that was not the basis of the objection. • The basis of the objection was increased traffic. Commercial development of the site had the potential to add another 650 trips per day on Lake Ida Road east of Military Trail, a roadway section that was already overcapacity. Residents have a hard time exiting driveways onto the heavily trafficked thoroughfare. • Lake Ida Road is scheduled to be widened to four lanes. This gives rise to the concern that increased roadway capacity will result in requests coming forward in the future to intensify land uses in the area, cumulating in the same congested situation as now. • The city had no objection to the idea of creating a neighborhood commercial center, but one at 25 acres was on a much larger scale than it needed to be. It could be a smaller center, and traffic impacts would not be so significant. Mr. Dominguez asked the Board, if they wanted to improve commercial land use at this location, to consider reducing the size of applicable land, to ask for some land to be designated open space as a tradeoff, or to somehow reduce the development potential of the property. Commissioner Marcus observed that the developed area would be reduced by the County's planned wellsite, drainage lakes, buffering, and restriction of property in terms of keeping an open easement. Planning Director Duke commented that the Water Utilities Department had expressed a need for a wellsite in the southwest corner of the property. It would not necessarily be on this property, although it could be. Albert Gold argued that the residential area was one mile north of Atlantic Avenue, which was heavily commercial. Thus, it did not need or want another shopping center. Applicant Betty Jo Spalding detailed the many difficulties she and co-applicant Mrs. Gianolio have experienced and are continuing to experience with their portions of the combined properties. MOTION to transmit the proposed Lake Ida/Jog (Spalding) amendment subject to the conditions in Alternative Action 3 together with the LUAB-recommended modification of the landscape buffer from 20 feet to 25 feet. Motion by Commissioner Marcus and seconded by Commissioner Roberts. Commissioner Aaronson commented that he would like to designate the northern portion of the property CL-O. He realized he could not designate it medical only, he said, but that would be the intent. Planning Director Duke expressed his continuing concern that whatever went on that portion would look like a strip commercial development. Further, it could create the same difficulties and problems that are seen with strip commercial in terms of access issues and numerous curb cuts. Mr. Aaronson asked if the portion could be deed restricted to CL-O during the zoning process. Assistant County Attorney Banks advised that at that time, the Board could deal in the site plan and try to limit the amount of access as well as ameliorate the visual concerns. Mr. Aaronson commented that the DCA would comment on whether the portion conformed properly. Commissioner Marcus commented that, being a strip, it was a difficult site to work with and could only be strip residential, strip CL-O, or strip retail. Of the three, CL-O was preferable. She said she hoped that Delray Beach's concerns could be addressed when the application came back through design. UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.B.3. APPLICATION 99-107 LSMU 1 APPLICATION TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 161.46-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF OLD CLINT MOORE ROAD AND JOG ROAD (COMMON NAME: OXLEY; OWNER-APPLICANT: POLO REALTY), CHANGING THE FUTURE LAND USE DESIGNATION FROM COMMERCIAL RECREATION WITH UNDERLYING LOW RESIDENTIAL 3 (CR/3) (36.95 ACRES) AND COMMERCIAL RECREATION WITH UNDERLYING LOW RESIDENTIAL 1 (CR/1) (121.75 ACRES) TO LARGE SCALE/MULTIPLE USE (LS/MU) OVERLAY FOR COMMERCIAL LOW (10 ACRES), LOW RESIDENTIAL 3 (LR-3) (94 ACRES), CIVIC (6 ACRES), RECREATION (6 ACRES), AND OPEN SPACE/LAKE (45 ACRES). (P.O.P. 604653) APPROVED TRANSMITTAL OF AMENDED REQUEST AND WITH CONDITION 7-28-99 Staff Recommendation: Denial of the proposed amendment as requested by the applicant and transmittal of staff's recommendation of approval of CL/1 on 10 acres in the southernmost 124-acre portion with a condition to limit the site to a maximum of 100,000 square feet of commercial. Local Planning Agency Recommendation: Denial. Planning Director Duke alerted the Board to a distributed letter from agent Robert A. Bentz, asking to withdraw the LSMU application and submitting a modified request, namely, to change 7.5 acres of land at the southwest corner of the Royal Palm Polo property along Jog Road from CR/1 to CL/1. He said the request was made in an effort to address some of staff's concerns. Senior Planner Jim Bell said that staff supported the revised request but still recommended that the site be limited to 100,000 square feet. In addition, the applicant would need to provide a survey prior to the adoption hearing in order to clarify the boundaries of the area to be designated CL. Robert A. Bentz, agent, said that in addition to the request, the applicant wished to condition the approval, limiting the site's maximum square footage to 42,000 square feet. The applicant's intent was to have two or three high-end restaurants on the property as well as some additional retail space. Mr. Bentz read from and submitted for the record a supportive letter from the Fieldbrook Homeowners Association. MOTION to transmit the proposed Oxley amendment as amended and with the proposed square footage condition. Motion by Commissioner Aaronson and seconded by Commissioner Newell. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.B.4. See Pages 5-6. II.B.5. APPLICATION 99-56 INST 1 APPLICATION TO THE FUTURE LAND USE ATLAS ON THE 7.09-ACRE PROPERTY LOCATED 0.1 MILE SOUTH OF OKEECHOBEE BOULEVARD, 0.3 MILE EAST OF GOLDEN LAKES BOULEVARD, AND APPROXIMATELY 600 FEET WEST OF SKEES ROAD (COMMON NAME: ECCLESTONE; OWNER-APPLICANT: BLUE GREEN ENTERPRISES, INC.), CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL 5 (MR-5) TO INSTITUTIONAL WITH AN UNDERLYING HIGH RESIDENTIAL 8 UNITS PER ACRE (INST/8). (P.O.P. 604653) APPROVED TRANSMITTAL WITH CONDITIONS 7-28-99 Staff Recommendation: Transmittal of the proposed amendment with two conditions as recommended by staff: 1. The use of the site shall be limited to a congregate living facility or other institutional use permitted under a residential category. 2. That any other type of residential land use be limited by all rules governing the MR-5 category. Local Planning Agency Recommendation: Approval of staff's recommendation. Principal Planner Kathleen Girard said that letters of objection had been received from High Sierra Homeowners Association, Golden Lakes Village Association, and Golden/Skees Community Action Committee. Kieran J. Kilday, agent, agreed to the conditions. He said he had discussed with representatives of the objecting groups his client's intentions for the site and assured them that appropriate landscape buffering would be provided during the zoning process. MOTION to transmit the proposed Ecclestone amendment with conditions. Motion by Commissioner Aaronson and seconded by Commissioner Roberts. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.B.6. APPLICATION 99-130 COM 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 16.37-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STATE ROAD 715 AND HOOKER HIGHWAY (COMMON NAME: HOOKER HIGHWAY; OWNER-APPLICANT: ENRIQUE RIONDA, RIO-BAK CORPORATION), CHANGING THE FUTURE LAND USE DESIGNATION FROM AGRICULTURAL PRODUCTION (AP) TO HIGH RESIDENTIAL 8 (HR-8) AND COMMERCIAL HIGH (CH). (P.O.P. 604653) CONTINUED TO AUGUST 24, 1999 -- 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. Principal Planner Girard said that the City of Belle Glade had indicated a preference for single-family homes on the site. The School Board objected to a increase in density but acknowledged that a new middle school was scheduled to open in 2000, which should mitigate some of the impacts related to the proposed amendment. Michael J. Miller, agent, told Commissioner Marcus that the property owner intended to put a mobile home park (MHP) on the parcel, as opposed to apartments or other permanent structure, because that was what he did for a living. Ms. Marcus confirmed with Ms. Girard that approval for the MHP would take place in the zoning process. Ms. Marcus questioned whether when the item came back, the Board could say it had to be apartments. Assistant County Attorney Banks advised the Board could not legally prohibit a mobile home park. PUBLIC COMMENT: Cynthia Laramore, project coordinator of the Glades Area Environmental Justice Initiative, spoke in opposition to the amendment. She made the following points: • Background information provided to the Board was void of any of the extensive data that exists on the site's contamination. • The site was a 20-acre hole with its highest level of limestone 25 feet to 30 feet deep. • The site has a very high water table; it is about a foot to a foot and a half beneath the service. When it rains, water is held on the surface. • The site was originally permitted as a landfill site. When it came up for repermitting in the mid-1980s its use was changed because it had been used as a dump for bagasse, boiler ash, sugar cane muds, and other residue, not for landfill. • The site contains cadmium, chromium, barium, lead, arsenic, and other contaminants. • In order to be developed, the site would have to be demucked extensively--several hundred thousand cubic yards--or have pilings dug to a minimum of 25 feet. It was a question as to what the site could physically support. Ms. Laramore expressed concern about the health, safety, and welfare of people living on the site. She recommended that the item be continued pending more appropriate and more thorough research. If that was not done, she recommended approving the Commercial High portion of the application today and continuing the High Residential 8 portion to August 17, obtaining more information in the meantime. Data on the area was vast; for instance, PSI-Jammal & Associates had done four geotechnical surveys for the School Board. Planning Director Duke responded that it was more appropriate to discuss site contamination, geotechnical surveys, and site developability when the owner applied for a development order on the site. Commissioner Roberts recalled that a school had not been built on the site because of its pollution. She questioned the ethics or morality of approving such a site, bringing it one step closer to having people live on it. Ms. Roberts said she understood that under Florida law, however, site contamination was not a reason to deny a proposed land use. Assistant County Attorney Banks confirmed Ms. Roberts's understanding. He added that unless a site is going to remain vacant forever, the only environmental remediation that is going to occur is when the site is developed. Ms. Roberts asked whether the various authorities would require remediation. Environmental Resources Management (ERM) Environmental Analyst Robert Kraus brought out the following: • ERM had looked at this site peripherally when it came in for the land use designation amendment. The database showed only that there was an old, closed landfill on the site. • In the zoning process, if ERM suspects a property to be contaminated, they require, prior to certification before it comes to public hearing, either a Phase 1 or Phase 2 audit. As for the current property, given its history, ERM would require a Phase 2 audit. • Under the Phase 2 audit, ERM would want to know the nature and location of the contamination and would require a contamination assessment report (CAR) before allowing the property to continue to public hearing. • ERM would try to address the contamination through conditions developing a remedial plan and would hold up the master plan until an acceptable remedial action plan was in place. • ERM is prepared to hold up building permits or anything else they need to in order to require remediation before people move onto site. (CLERK'S NOTE: Commissioner Newell left the meeting.) Commissioner Marcus recommended that ERM and the Planning Division take the time to gather more data. At some point in the future, it might not be appropriate to allow residences on the property, but some sort of larger commercial center might be allowed. Ms. Marcus suggested that the amendment be continued to August 24, instead of August 17, because Commissioner Masilotti, the district commissioner, would be present on August 24 and would provide input on the matter. Planning Director Duke observed that increasing commercial would be a problem because the item had been advertised with commercial on a more limited basis. Commissioner Marcus suggested that staff provide the Board with the planning impacts of increased commercial. If ERM determines the site is as bad as described, any use would be prohibited. MOTION to CONTINUE the proposed Hooker Highway amendment to August 24, 1999. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 4-0. Commissioners McCarty, Masilotti, and Newell absent. II.B.7. APPLICATION 99-82 RES 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 10.0-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF HYPOLUXO ROAD, APPROXIMATELY 0.2 MILE WEST OF MILITARY TRAIL (COMMON NAME: BRUSCHI; OWNER-APPLICANT: DALE ALAN BRUSCHI), CHANGING THE FUTURE LAND USE DESIGNATION FROM SA-SPECIAL AGRICULTURE TO MEDIUM RESIDENTIAL 5 (MR-5). (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-P99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. Principal Planner Girard said that the School Board did not object to the proposed amendment but did prefer that the property be designated LR-3 instead of MR-5. MOTION to transmit the proposed Bruschi amendment. Motion by Commissioner Roberts and seconded by Commissioner Marcus. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners McCarty, Masilotti, and Newell absent. II.C. COUNTY INITIATED SITE SPECIFIC AMENDMENTS - To the Future Land Use Atas II.C.1. APPLICATION 99-78 IND 1-4 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON FOUR PARCELS TOTALING 11.11 ACRES LOCATED WITHIN THE LAKE WORTH PARK OF COMMERCE (WEST OF INTERSTATE 95, SOUTH OF 10TH AVENUE NORTH, NORTH OF LAKE WORTH ROAD, AND EAST OF THE E-4 CANAL) (NAME: LAKE WORTH PARK OF COMMERCE; APPLICANT: PALM BEACH COUNTY), CHANGING THE FUTURE LAND USE DESIGNATION ON ALL PARCELS TO INDUSTRIAL (IND) (DETAILED BELOW). (P.O.P. 604653) APPROVED TRANSMITTAL OF PROPOSED AMENDMENTS FOR PARCELS 1 AND 2 AND DECLINED TRANSMITTAL OF PROPOSED AMENDMENTS FOR PARCELS 3 AND 4 WITH DIRECTION TO BRING BACK PARCEL 3 IN THE FUTURE 7-28-99 Staff Recommendation: Approval of the proposed amendment for Parcels 1, 2, and 3, and denial of proposed amendment for Parcel 4. Local Planning Agency Recommendation: Approval of staff's recommendation. The four parcels are as follows: Parcel 1 - Application 99-78 IND 1 Size: 6.24 acres Location: West side of Boutwell Road, approximately 200 feet south of 10th Avenue North Change: High Residential 8 (HR-8) (2.31 acres) and HR-12 3.93 acres) to IND (6.24 acres) Parcel 2 - Application 99-78 IND 2 Size: 1.58 acres Location: Northwest corner of Arcand Street and Lake Worth Road Change: HR-8 to IND Parcel 3 - Application 99-78 IND 3 Size: 2.84 acres Location: North side of Lake Worth Road, approximately 150 feet west of Arcand Street Change: HR-8 to IND Parcel 4 - Application 99-78 IND 4 Size: 0.45 acre Location: North side of Lake Worth Road, approximately 150 feet east of Everett Court Change: HR-8 to IND (CLERK'S NOTE: Commissioner Newell rejoined the meeting.) Planner Susan Miller said staff had received a letter from the owner of Parcel 3, indicating a concern that her property value will decrease, taxes will increase, and residential uses will be lost. The owner of Parcel 2 expressed support of the amendment affecting his or her property. The City of Lake Worth wrote in support of the four amendments. The following points emerged from the Board's discussion of Parcel 3: • The property supports the owner's multifamily units and single-family dwelling. Both units and dwelling could stay. • The owner would retain her homestead exemption. • The taxes would stay the same, according to the Property Appraiser. The owner could still sell her property as residential. • The owner has been unable to sell her property. Potential purchasers are not interested when they learn of the future industrial designation. • An industrial land use designation would increase the property value, in the Planning Director's opinion. • It would be detrimental to value to leave the property residential while it was surrounded by industrial property. A potential purchaser would likely be looking at the land for industrial use and would have to factor into the purchase decision the idea of having to pursue a land use amendment. • If the Parcel 3 amendment is not transmitted, the Planning Director would recommend that the Parcel 2 amendment not be transmitted, because the latter would become an isolated industrial parcel. • If the land use designation were changed to industrial and Parcel 3 had a nonconforming residential use, the owner could not add an additional residential structure. PUBLIC COMMENT: Ed Breese, director of Building, Planning and Zoning of the City of Lake Worth, conveyed the city's support of the four amendments. Anne Petterson, owner of Parcel 3, detailed her opposition to the amendment affecting her property. Commissioner Newell proposed, in the interest of helping Mrs. Petterson, to postpone the Parcel 3 amendment until the next amendment round. Planning Director Duke said his understanding of Mr. Newell's intent was to approve transmittal of Parcel 1, decline to transmit Parcels 2, 3, and 4, and bring back Parcels 2 and 3. Mr. Newell said he still wanted to transmit Parcel 2. Mr. Duke expressed concern that Parcel 2, a narrow parcel which abuts Parcel 3, would be isolated. Assistant County Attorney Banks added that Parcel 2 by itself is unusable for industrial purposes and advised postponing both parcels together. Mr. Newell said that would cause more problems because staff wanted Parcel 2 to get zoned so the County could clear up its several code violations. In addition, the parcel will be bisected by the future extension of Boutwell Road. MOTION to transmit the proposed Parcel 1 and Parcel 2 amendments and postpone the proposed Parcel 3 and Parcel 4 amendments. Motion by Commissioner Newell and seconded by Commissioner Marcus. Mr. Duke recommended revising the motion to decline to transmit Parcels 3 and 4 with direction to bring back Parcel 3 at some point in the future. AMENDED MOTION to transmit the proposed Parcel 1 and Parcel 2 amendments and decline to transmit the proposed Parcel 3 and Parcel 4 amendments with direction to bring back Parcel 3 at some point in the future. The maker and seconder agreed. Upon call for a vote, the motion carried 5-0. Commissioners McCarty and Masilotti absent. RECESS At 12:11 p.m., the Chair declared a recess. RECONVENE At 2:02 p.m., the Board reconvened with Commissioners Aaronson, Lee, Marcus, Newell, and Roberts present. II.C.2. APPLICATION 99-64 RES 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON NINE PROPERTIES TOTALING 9.23 ACRES LOCATED ON THE SOUTH SIDE OF GROVE STREET, APPROXIMATELY 350 FEET WEST OF MILITARY TRAIL AND 600 FEET SOUTH OF BELVEDERE ROAD (COMMON NAME: GROVE STREET; OWNERS: SEVERAL; APPLICANT: PALM BEACH COUNTY), CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW RESIDENTIAL 2 (LR-2) TO MEDIUM RESIDENTIAL 5 (MR-5). (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. Planning Director Duke stated that the amendment had been originally presented as part of Amendment Round 99-1. At that time, both the Town of Haverhill and the County Department of Airports had objected to the amendment. The Board directed staff to work with the town and department to resolve their issues and bring the amendment back in Round 99-2. Staff had done as directed but without resolving the outstanding issues. Nevertheless, they brought back the amendment in this round because they believe it is purely a corrective amendment. Mr. Duke told Commissioner Roberts that eight of the properties are developed at a density consistent with MR-5. Only one property was vacant. Mr. Duke explained that the Department of Airports' objection to the amendment was that it was in the Palm Beach International Airport (PBIA) Overlay district. Actually, he said, it was just outside the area. Airports acknowledged that while it is outside, it is very close to those contours. Airport officials are concerned that allowing additional density would create additional units in the area with noise complaints as a consequence. He later said that the PBIA Overlay Committee had reviewed and recommended approval of the amendment. Mr. Duke said that Haverill residents fear an MR-5 designation on the vacant property but, he pointed out, it was consistent with the town's designation. PUBLIC COMMENT: Mary J. Davis, owner of the vacant parcel, supported the upgrade. She has not been able to sell the property, she said, because no one wants to build on a property incompatible with the area. MOTION to transmit the proposed Grove Street amendment. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Masilotti absent. II.C.3. APPLICATION 99-CHX AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON 32 PROPERTIES TOTALING 66.81 ACRES LOCATED APPROXIMATELY 0.20 MILE NORTH OF PGA BOULEVARD ON THE WEST SIDE OF U.S. 1 (COMMON NAME: U.S. 1; OWNERS: SEVERAL; APPLICANT: PALM BEACH COUNTY), REMOVING THE CROSS-HATCHING DEPICTED ON THE FLUA MAP. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed U.S. 1 amendment. Motion by Commissioner Aaronson and seconded by Commissioner Roberts. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. (CLERK'S NOTE: Items II.C.4., II.C.5., II.C.6., 11.C.7., and II.C.8. were scheduled for consideration together.) II.C.4. APPLICATION 99-26 CHX 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 0.90-ACRE PROPERTY LOCATED ON THE WEST SIDE OF U.S. 1., APPROXIMATELY 1,100 FEET NORTH OF PGA BOULEVARD (COMMON NAME: U.S. 1; APPLICANT: PALM BEACH COUNTY), REMOVING THE CROSS-HATCHING DEPICTED ON THE FLUA MAP. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. II.C.5. APPLICATION 99-57 RES 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 11.71-ACRE PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF COLE STREET AND BENSEL STREET AND ON THE NORTH SIDE OF DURHAM STREET, APPROXIMATELY 600 FEET NORTH OF BELVEDERE ROAD AND EXTENDING FROM A POINT APPROXIMATELY 250 FEET WEST OF MILITARY TRAIL FOR A DISTANCE OF APPROXIMATELY 700 FEET (COMMON NAME: COLE STREET/BENSEL STREET; OWNERS: SEVERAL; APPLICANT: PALM BEACH COUNTY), CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW RESIDENTIAL 3 (LR-3) TO HIGH RESIDENTIAL 8 (HR-8). (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. II.C.6. APPLICATION 99-71 COM 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 2.46-ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL, 0.26 MILE NORTH OF FOREST HILL BOULEVARD (COMMON NAME: BELLSOUTH; OWNER: REALTY LEASING OF GEORGIA; APPLICANT: PALM BEACH COUNTY), CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL 5 (MR-5) TO COMMERCIAL HIGH 8 (CH/8). (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. II.C.7. APPLICATION 99-78 RES 1 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 42.87-ACRE PROPERTY BORDERED BY LAKE WORTH DRAINAGE DISTRICT CANAL 13, MELALEUCA LANE, DAVIS STREET, AND MATHIS STREET (COMMON NAME: MELALEUCA LANE/DAVIS ROAD/MATHIS STREET; OWNERS: SEVERAL; APPLICANT: PALM BEACH COUNTY), CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL 5 (MR-5) TO HIGH RESIDENTIAL 8 (HR-8). (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. II.C.8. APPLICATION 99-82 RES 2 AMENDMENT TO THE FUTURE LAND USE ATLAS (FLUA) ON THE 817.0-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF HYPOLUXO ROAD APPROXIMATELY ONE-HALF MILE WEST OF MILITARY TRAIL (COMMON NAME: WINSTON TRAILS PLANNED UNIT DEVELOPMENT; OWNER: JAMES J. O'BRIEN, TRUSTEE; APPLICANT: PALM BEACH COUNTY), CONFIRMING THE SITE'S LOW RESIDENTIAL 3 (LR-3) DESIGNATION. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed amendments in Items II.C.4., II.C.5., II.C.6., II.C.7., and II.C.8. Motion by Commissioner Marcus and seconded by Commissioner Aaronson. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.D. GENERAL TEXT AND MAP AMENDMENTS II.D.1. INDIANTOWN ROAD OVERLAY ZONE REVISIONS and APPLICATION 99-8 IOZ 1 AMENDMENT CONCERNING THREE PROPERTIES TOTALING 1.19 ACRES LOCATED AT THE SOUTHWEST CORNER OF INDIANTOWN ROAD AND BUSH ROAD (OWNERS: SEVERAL; APPLICANT: PALM BEACH COUNTY) TO: (1) ADD POLICIES TO THE FUTURE LAND USE ELEMENT AND INTERGOVERNMENTAL COORDINATION ELEMENT TO RECOGNIZE THE INDIANTOWN ROAD OVERLAY ZONE (IOZ); AND (2) REMOVE THE FUTURE LAND USE DESIGNATION OF COMMERCIAL WITH AN UNDERLYING 5 UNITS PER ACRE (C/5) AND LOW RESIDENTIAL 1 (LR-1), ACKNOWLEDGE THE PROPERTIES' LOCATION WITHIN THE IOZ, IN WHICH LAND USE IS ESTABLISHED BY THE TOWN OF JUPITER, AND ADD THE PARCELS TO THE IOZ IN THE FUTURE LAND USE ATLAS. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. Planner Victoria Zinser said that the owner of two of the three properties was opposed to the amendment. Commissioner Roberts observed that the amendment was not unlike an involuntary annexation in that it subjected the property owners to an involuntary regulatory action they neither requested nor wanted. She asked if it were legally allowable. Assistant County Attorney Banks advised that it was. Ms. Roberts said she could not support the amendment because she believed property owners should have a say in what happens to them. Commissioner Marcus said it was her impression that the three properties were always part of the IOZ, i.e., since its creation in 1992. Mr. Banks confirmed that they were and added they were also part of the 1995 interlocal agreement with Jupiter. When the maps were prepared amending the town's and County's comprehensive plans, the three parcels were not included. It was not known which staff made the error, he said. PUBLIC COMMENT: Patricia Tobin, senior planner, Town of Jupiter, supported the amendment. She acknowledged that the omission was probably an error on both sides. Paul R. Golis, attorney for George M. Waters, Sr., owner of Parcels 1 and 2, asked to place certain documentation into evidence. MOTION to receive and file the documentation. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Masilotti absent. Mr. Golis reviewed and discussed the documentation: • Survey, dated December 2, 1986, which shows the condition of the owner's property before the widening of Indiantown Road. The widening took about one-quarter of the combined lots, leaving a total of .19 acre. • County building permit, dated 1981, issued to Ackerley Communications Inc. • Letter, dated May 25, 1999, from Sam Shannon, director of Community Development for the Town of Jupiter. • Settlement agreement, numbered R-96-170-D and dated February 6, 1996, between Ackerley Communications of Florida and the County, with attachments. • Letter, dated July 21, 1999, from Mr. Golis to each member of the County Commission. Mr. Golis contended that his client's properties were not included in the IOZ as part of the 1992 and 1995 interlocal agreements. He argued that Paragraph 4 of the 1996 settlement agreement ("Nor will the COUNTY alter present zoning classifications, or take any other action, which has as the primary purpose the elimination or reduction of those areas in which the COMPANY is permitted by this Agreement to maintain or relocate billboards.") would be violated if his client's properties were annexed into the IOZ and Jupiter then enforced its sign code. The effect of the action would be elimination of requirements in the agreement, he said. Commissioner Aaronson, after asking Mr. Golis to reread Paragraph 4, pointed out that the primary purpose of the matter before the Board was not what the attorney had read. Assistant County Attorney Banks agreed and stated that the joint planning agreement provided that nothing in the agreement would limit or modify the rights of any property owner to complete any development. Mr. Banks acknowledged that the property owner may have an argument with Jupiter implementing its zoning as to whether or not he has vested rights, but the County, when entering into this agreement or in transferring authority to the town, had taken away no one's existing rights. Further, it would take a court to determine whether someone had vested rights. Commissioner Newell asked if it was the case that the owner would lose the leased billboard when his property became subject to Jupiter zoning. Ms. Tobin noted that Jupiter Community Development Director Shannon had committed to allowing a three-year amortization period for the nonconforming sign but that it was Jupiter's intention to have the sign eventually removed. Commissioner Marcus observed that the County needed to have accurate records. Based on that, she said, she would move transmittal approval. MOTION to transmit the proposed Indiantown Road Overlay Zone amendments. Motion by Commissioner Marcus and seconded by Commissioner Aaronson. Commissioner Newell remarked that, in reality, the billboard would come down in three years. Commissioner Marcus said that that was a matter for negotiation between the property owner and the Town of Jupiter. Mr. Banks told Mr. Newell that he saw no liability to the County for taking this action. UPON CALL FOR A VOTE, the motion carried 4-1. Commissioner Roberts opposed. Commissioners McCarty and Masilotti absent. II.D.2. RURAL CLUSTER PLANNED DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE ELEMENT (PROPOSED 99-1) TO ESTABLISH THE RURAL CLUSTER PLANNED DEVELOPMENT (RCPD), A PLANNED DEVELOPMENT PATTERN WHICH REQUIRES ON-SITE OPEN SPACE PRESERVATION AND ALLOWS FOR DENSITY BONUSES AND CLUSTERING OF SINGLE-FAMILY HOMES, AND TO THE INTRODUCTION AND ADMINISTRATION ELEMENT TO ADD DEFINITIONS OF OPEN SPACE AND GREENWAYS/TRAILS FOR AN RCPD. (P.O.P. 604653) APPROVED TRANSMITTAL WITH MODIFICATIONS 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Denial, with recommendation for deferral to a subsequent round. Planner Aimee Craig said that two letters of opposition and one letter in support had been received by staff. Ms. Craig said that the Land Use Advisory Board, in its recommendation of denial, had recommended that further study be completed prior to the amendment proceeding. The advisory board's discussion focused on whether the minimum acreage requirements and the maximum density bonuses were appropriate. Commissioner Marcus said that she had met with staff to create a wetland mitigation drainage alternative to the pond and lake drainage in the traditional rural community. She offered language which would allow for the runoff to be stored in a wetland or natural system that would require a smaller drainage collection area: • Policy 1.4.1-b.3a: At a minimum, 10% of the land area in the RCPD shall be
devoted to an organized, connected open space system, inclusive of required native
upland/wetland vegetation preserve areas as defined by Section 9.4 and 9.5 of the ULDC.
This open space shall provide opportunities for passive recreation through the use of
pedestrian, equestrian and/or bike trails. The open space requirement shall be exclusive
of the minimum park and recreation requirements set forth in the Recreation and Open Space
Element. Open space credit shall not be given for road rights-of-way, residential lots,
impervious surfaces courts, swimming pools and other impervious surfaces, any pervious [sic]
green area not intended for passive recreation and Planning Director Duke advised that approval of the preceding modification would also require modification to open space definitions in the Definitions, Introduction and Administration Element of this amendment. MOTION to approve transmittal of the Rural Cluster Planned Development amendment together with modifications to open space definitions on Pages A-10 and A-11 (Definitions, Introduction and Administration Element). Motion by Commissioner Marcus and seconded by Commissioner Roberts. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. (CLERK'S NOTE: Commissioner Newell left the meeting.) II.D.3. IF/THEN TABLE AND CROSSHATCHING AMENDMENT TO REVISE THE FUTURE LAND USE ELEMENT (FLUE) BY CLARIFYING TEXT LANGUAGE IN FIGURE 1 (ADDITIONAL CRITERIA FOR DETERMINING THE DEPTH, WIDTH, AND USE FOR COMMERCIAL AND INDUSTRIAL DESIGNATIONS [IF/THEN TABLE]), ADDING A POLICY TO THE FLUE ESTABLISHING CROSS-HATCHING FOR COMMERCIAL LAND USES, AND ADDING A DESCRIPTION OF THE INTENT FOR COMMERCIAL WITH CROSS-HATCHING. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed If/Then Table and Crosshatching amendment. Motion by Commissioner Aaronson and seconded by Commissioner Roberts. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners McCarty, Masilotti, and Newell absent. II.D.4. COMMERCIAL CATEGORY CRITERIA AMENDMENT TO REVISE THE FUTURE LAND USE ELEMENT (PROPOSED 99-1) BY CLARIFYING HOW THE COMMERCIAL LAND USE CATEGORIES ARE ASSIGNED TO THE COMMERCIAL FUTURE LAND USE DESIGNATIONS COMMERCIAL LOW (CL) AND COMMERCIAL HIGH (CH) AND BY CLARIFYING THE DISTINCTION BETWEEN THOSE CATEGORIES. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval with two modifications to alter the text as follows: (1) the maximum FAR for CL-O in the exurban tier be reduced from .25 to .20; and (2) the "acronym" for TND be corrected to TTD. MOTION to transmit the proposed Commercial Category Criteria amendment. Motion by Commissioner Roberts and seconded by Commissioner Marcus. (CLERK'S NOTE: Commissioner Newell rejoined the meeting.) PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.D.5. INDUSTRIAL CATEGORIES AMENDMENT TO REVISE THE FUTURE LAND USE ELEMENT (PROPOSED 99-1) BY CLARIFYING THE DISTINCTION BETWEEN FUTURE LAND USE CATEGORIES GENERAL INDUSTRIAL (IG) AND LIGHT INDUSTRIAL (IL). (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed Industrial Categories amendment. Motion by Commissioner Roberts and seconded by Commissioner Aaronson. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.D.6. LARGE SCALE/MULTIPLE USE OVERLAY AMENDMENT TO REVISE THE FUTURE LAND USE ELEMENT BY CHANGING THE LARGE SCALE/MULTIPLE USE (LS/MU) OVERLAY TO MULTIPLE LAND USE FUTURE LAND USE DESIGNATION, ADDING MINIMUM ACREAGE, AND REVISING HOW THE DESIGNATION IS TO BE APPLIED. IN ADDITION, A DEFINITION FOR USABLE OPEN SPACE WILL BE ADDED TO THE INTRODUCTION AND ADMINISTRATION ELEMENT. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed Large Scale/Multiple Use Overlay amendment. Motion by Commissioner Roberts and seconded by Commissioner Aaronson. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.D.7. WESTERN NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA AMENDMENT TO THE INTERGOVERNMENTAL COORDINATION ELEMENT BY ADDING A POLICY TO ACKNOWLEDGE THE WESTERN NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA (WNBCPA) AND ADDING THE WNBCPA TO THE MAP SERIES. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed Western Northlake Boulevard Corridor Planning Area amendment. Motion by Commissioner Marcus and seconded by Commissioner Roberts. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. II.D.8. CAPITAL IMPROVEMENT UPDATES AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT BY UPDATING AND CONSOLIDATING TEXT TO REFLECT CURRENT CONCURRENCY MANAGEMENT SYSTEM LANGUAGE AND PRACTICES AND UPDATING TERMS AND CROSS-REFERENCES TO BE CONSISTENT WITH OTHER ELEMENTS. (P.O.P. 604653) APPROVED TRANSMITTAL 7-28-99 Staff Recommendation: Approval. Local Planning Agency Recommendation: Approval. MOTION to transmit the proposed Capital Improvement Updates amendment. Motion by Commissioner Aaronson and seconded by Commissioner Newell. PUBLIC COMMENT: None UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent. III. ADJOURNMENT The Chair declared the meeting adjourned at 2:53 p.m. ATTESTED: APPROVED: Clerk Chair |
