Zoning Minutes

MEETING: BOARD OF COUNTY COMMISSIONERS, ZONING MATTERS

CALL TO ORDER: Board of County Commissioners sitting for the purpose of exercising zoning powers, Zoning Meeting of February 24, 2000, at 9:37 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.

1.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 - Arrived later
Commissioner Carol A. Roberts
Assistant County Attorney Barbara Alterman
Deputy Clerk Joan Haverly

1.B.1. OPENING PRAYER - Commissioner Lee

1.B.2. PLEDGE OF ALLEGIANCE

1.C. REMARKS OF THE CHAIR

The Board of County Commissioners has convened to consider the following applications for Future Land Use Map Amendments, Official Zoning Map Amendments, Conditional Uses, Planned Developments, Development Order Amendments, Waiver Requests, Status Reports for Compliance with Time Limitations and Conditions of Approval, and the recommendations of the Land Use Advisory Board and Zoning Commission pursuant to Chapter 163, Florida Statutes; Chapter 125, Florida Statutes; the Palm Beach County Comprehensive Plan; the Palm Beach County Unified Land Development Code; and other authority vested in the Board. This meeting is being held on February 24, 2000, at 9:30 a.m., in the County Commission Chambers, 6th Floor, 301 North Olive Avenue, West Palm Beach, Florida.

1.D. PROOF OF PUBLICATION APPROVED 2-24-2000

MOTION to receive and file Proofs of Publication 652501 and 693929. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 4-0. Commissioners McCarty, Masilotti, and Newell absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 595137 [10-28-99] and 638370 and 638371 [1-27-2000]. These public hearings were continued to today's meeting.)

1.E. SWEARING-IN - Assistant County Attorney Alterman

1.F. ADOPTION OF AGENDA

MOTION to adopt the Agenda. Motion by Commissioner Aaronson, seconded by Commissioner Marcus, and carried 4-0. Commissioners McCarty, Masilotti, and Newell absent.

(CLERK'S NOTE: Commissioner Newell joined the meeting.)

1.F.1. AMENDMENTS TO AGENDA

Page Item Petition/Change

5 3.B.8. Petition Z/CA98-68 (Addison Lakes):

Amendment to conditions.

6 3.B.10. Petition PDD/EAC89-19(E) (Valencia Grand Isles):

Amendment to conditions.

6 3.B.12. Petition DOA83-107(A) (Sheriff's Office):

Amendment to conditions.

9 3.D.23. Petition 96-106 (Sugar Cane Growers Cooperative of Florida):

Postponement to March 23, 2000.

10 3.D.25. Petition 98-80 (Steven B. Greenfield, Trustee of Sabra Land Trust):

Amendment to conditions.

1.G. DISCLOSURE - This was done at the individual items.

I.H. UNSCHEDULED ITEMS - None

POSTPONEMENTS AND WITHDRAWALS - See Pages 2-5.
CONSENT AGENDA - See Pages 5-49.
Items Pulled from Consent Agenda - None

4. REGULAR AGENDA - See Pages 49-61.

5. DIRECTOR COMMENTS

• ZONING DIRECTOR COMMENTS - None

• PLANNING DIRECTOR COMMENTS - None

• COUNTY ENGINEER COMMENTS - See Pages 61-62.

6. COMMISSION COMMENTS - None

7 ADJOURNMENT - See Page 62.

*****

2. POSTPONEMENTS AND WITHDRAWALS

2.A. POSTPONEMENTS

2.A.1. PETITION 99-11

PETITION 99-11 OF EVERGLADES FARM EQUIPMENT COMPANY, BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) TO REZONE FROM AR-AGRICULTURAL RESIDENTIAL TO RSER-RURAL SERVICES AND A CLASS B CONDITIONAL USE (CB) TO ALLOW AGRICULTURAL SALES AND SERVICES ON 12.21 ACRES OF THE 22.21-ACRE PROPERTY LOCATED APPROXIMATELY 800 FEET EAST OF F ROAD ON THE NORTH SIDE OF SOUTHERN BOULEVARD. (P.O.P. 652501 POSTPONED TO MARCH 23, 2000 -- 2-24-2000

Staff Recommendation: Postponement until March 23, 2000. Postponement by right.

2.A.2. PETITION 78-242

PETITION 78-242(B) (BOCA WOODS COUNTRY CLUB) OF THE BOARD OF COUNTY COMMISSIONERS FOR FACILITIES DEVELOPMENT AND OPERATIONS, BY AUDREY WOLF, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO DELETE LAND AREA FROM THE 17.42-ACRE PROPERTY LOCATED APPROXIMATELY 1,200 FEET EAST OF PONDEROSA DRIVE ON THE NORTH SIDE OF PALMETTO PARK ROAD. (P.O.P. 652501) POSTPONED TO MARCH 23, 2000 -- 2-24-2000

Staff Recommendation: Postponement until March 23, 2000. Requested by petitioner.

2.A.3. PETITION 99-85

PETITION 99-85 (DISTRICT PARK E) OF THE BOARD OF COUNTY COMMISSIONERS FOR FACILITIES DEVELOPMENT AND OPERATIONS, BY AUDREY WOLF, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) TO REZONE FROM RE-RESIDENTIAL ESTATE AND AR-AGRICULTURAL RESIDENTIAL ENTIRELY TO PO-PUBLIC OWNERSHIP FOR THE 27.42-ACRE PROPERTY LOCATED APPROXIMATELY 1,200 FEET EAST OF PONDEROSA DRIVE ON THE NORTH SIDE OF PALMETTO PARK ROAD. (P.O.P. 652501) POSTPONED TO MARCH 23, 2000 -- 2-24-2000

Staff Recommendation: Postponement until March 23, 2000. Requested by petitioner.

2.A.4. PETITION 89-52

PETITION 89-52(B) OF PALM BEACH AGGREGATES, AKA GKK CORPORATION, BY JOE VERDONE, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY AND DELETE CONDITIONS IN RESOLUTION R-97-248 FOR THE 3,045-ACRE PROPERTY LOCATED APPROXIMATELY 3 MILES WEST OF SEMINOLE PRATT WHITNEY ROAD ON THE NORTH SIDE OF SOUTHERN BOULEVARD. (P.O.P. 652501) POSTPONED TO MARCH 23, 2000 -- 2-24-2000

Staff Recommendation: Postponement until March 23, 2000. Postponement by right; requested by petitioner.

2.A.5. PETITION 97-12

PETITION 97-12(B) (PALM BEACH INTERNATIONAL AIRPORT GOLF COURSE-APPEAL) OF THE BOARD OF COUNTY COMMISSIONERS FOR THE DEPARTMENT OF AIRPORTS, BY ROBERT A. BENTZ, AGENT, FOR AN APPEAL OF CONDITION E.6 (TRAFFIC SEPARATOR BEAUTIFICATION) OF ZONING COMMISSION RESOLUTION ZR-99-11 FOR 4.12 ACRES OF THE 218.52-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF SUMMIT BOULEVARD, BOUNDED ON THE EAST BY CONGRESS AVENUE AND ON THE WEST BY KIRK ROAD. (P.O.P. 595137 [10-28-99]) POSTPONED TO MARCH 23, 2000 -- 2-24-2000

Staff Recommendation: Postponement until March 23, 2000. Requested by petitioner.

2.A.6. PETITION 99-74

PETITION 99-74 (PALM BEACH SPEEDWORLD) OF JOHN JANERO AND NANCY THORNTON, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) TO REZONE FROM IL-LIGHT INDUSTRIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH AN ARENA, AUDITORIUM, OR STADIUM; OUTDOOR ENTERTAINMENT; COMMERCIAL EQUESTRIAN ARENA; AND WATER AND WASTEWATER TREATMENT FACILITY AS REQUESTED USES ON THE 79.9-ACRE PROPERTY LOCATED APPROXIMATELY 0.7 MILE NORTH OF BEELINE HIGHWAY ON THE EAST SIDE OF SEMINOLE PRATT WHITNEY ROAD. (P.O.P. 652501) POSTPONED TO APRIL 27, 2000 -- 2-24-2000

Staff Recommendation: Postponement until April 27, 2000. Staff postponement.

2.A.7. PETITION 85-91

STATUS REPORT SR85-91A.7 FOR RESOLUTION R-89-1438 OF PETITION 85-91(A) OF WPB INNKEEPERS FOR THE 2.99-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF OKEECHOBEE BOULEVARD APPROXIMATELY 220 FEET WEST OF WEST DRIVE. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR A MOTEL TO INCREASE THE SQUARE FOOTAGE AND DECREASE THE LAND AREA. POSTPONED TO APRIL 27, 2000 -- 2-24-2000

Original Petitioner: Okeechobee Motel Joint Venture.

Staff Recommendation: Postponement until April 27, 2000.

3.B.9. PETITION 99-75

PETITION PDD99-75 (GOLDEN LAKES CLF [PUD]) OF BLUE GREEN ENTERPRISES, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) TO REZONE FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT WITH A TYPE 3 CONGREGATE LIVING FACILITY (CLF) AS A REQUESTED USE ON THE 7.09-ACRE PROPERTY LOCATED APPROXIMATELY 0.3 MILE EAST OF GOLDEN LAKES BOULEVARD AND APPROXIMATELY 0.1 MILE SOUTH OF OKEECHOBEE BOULEVARD. (P.O.P. 652501) POSTPONED TO MARCH 23, 2000 -- 2-24-2000

Revised Staff Recommendation: Postponement until March 23, 2000.

Zoning Director William C. Whiteford said the petitioner wished to postpone the item for 30 days. Cherie Akers, agent, explained that drainage issues on the Okeechobee Boulevard MUPD could affect the subject site and that the petitioner did not wish to move forward until those issues were resolved.

3.D.23. PETITION 96-106

STATUS REPORT SR96-106 FOR RESOLUTION R-97-7 OF PETITION 96-106 OF SUGAR CANE GROWERS COOPERATIVE OF FLORIDA FOR A TIME EXTENSION UNTIL JANUARY 6, 2002. THE 2.27-ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF MORGAN WEST ROAD APPROXIMATELY 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441) AND IS ZONED AR-AGRICULTURAL RESIDENTIAL WITH A CLASS A CONDITIONAL USE CORRECTION FACILITY IN THE GLADES AREA ECONOMIC OVERLAY DISTRICT. POSTPONED TO MARCH 23, 2000 -- 2-24-00

Original Petitioner: Correctional Services Corporation.

Revised Staff Recommendation: Postponement until March 23, 2000.

Zoning Director Whiteford referred the Board to the postponement request on the Amendments to the Agenda sheet.

MOTION to POSTPONE Item 3.B.9. to March 23, 2000. Motion by Commissioner Roberts and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent.

MOTION to POSTPONE Items 2.A.1., 2.A.2., 2.A.3., 2.A.4., 2.A.5., 2.A.6., 2.A.7., and 3.D.23. to the dates indicated. 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.

2.B. WITHDRAWALS - None

3. CONSENT AGENDA

3.A. REQUESTS TO PULL ITEMS FROM CONSENT - None

3.B. ZONING PETITIONS

3.B.8.

a. RESOLUTION R-2000-0252

RESOLUTION FOR PETITION Z98-68 (ADDISON LAKES) OF J. H. NORMAN CONSTRUCTION, BY BRADLEY MILLER, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) TO REZONE FROM AR-AGRICULTURAL RESIDENTIAL TO RS-SINGLE-FAMILY RESIDENTIAL FOR THE 10.4-ACRE PROPERTY LOCATED APPROXIMATELY 600 FEET WEST OF BOCA RIO ROAD AND 600 FEET NORTH OF SOUTHWEST 18TH STREET. (P.O.P. 652501) ADOPTED 2-24-2000

Staff Recommendation: Approval of the rezoning and adoption of a resolution affirming that action.

b. RESOLUTION R-2000-0253

RESOLUTION FOR PETITION CA98-68 (ADDISON LAKES) OF J. H. NORMAN CONSTRUCTION, BY BRADLEY MILLER, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW TOWNHOUSES ON THE 10.4-ACRE PROPERTY LOCATED APPROXIMATELY 600 FEET WEST OF BOCA RIO ROAD AND 600 FEET NORTH OF SOUTHWEST 18TH STREET. (P.O.P. 652501) ADOPTED WITH CONDITIONS AS AMENDED 2-24-2000

Staff Recommendation: Approval of the conditional use and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated September 16, 1998. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. BUILDING AND SITE DESIGN

1. Additional guest and overflow parking spaces shall be provided at a ratio of one (1) per every four (4) units within all townhouse pods. These spaces shall be uniformly distributed and be located within 300 feet, measured by the path of travel, of the units which they will be serving. No more than thirty (30) percent of the additional parking spaces may be located within the recreation area. (DRC/CO: ZONING/BLDG)

C. LANDSCAPING - STANDARD

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

a. Tree height: Twelve (12) feet

b. Trunk diameter: 2.5 inches measured 3 feet above grade;

c. Canopy diameter: Six (6) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3 feet in length; and,

d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning)

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

a. Palm heights: Twelve (12) feet clear trunk;

b. Clusters: Staggered heights twelve (12) to eighteen (18) feet; and

c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning)

D. LANDSCAPING ALONG THE NORTH PROPERTY LINE (ABUTTING RESIDENTIAL)

1. Landscaping and buffering along the north property line shall include:

a. A minimum ten (10) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted;

b. One (1) canopy tree planted every thirty (30) feet on center;

c. One (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and

d. Thirty (30) inch high shrub or hedge material spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (CO: LANDSCAPE)

E. ENGINEERING

1. Prior to approval of the final subdivision plan by the Development Review Committee the property owner shall obtain a recorded drainage easement from the adjacent property owner to provide legal positive outfall from this site into a LWDD Canal. This drainage easement shall be approved by the County Attorney and the County Engineer. (DRC: ENG)

F. LANDSCAPING ALONG THE SOUTH, EAST AND WEST PROPERTY LINES (ABUTTING RESIDENTIAL)

1. Landscaping and buffering along the south, east and west property lines shall be upgraded to include:

a. A minimum twenty (20) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted;

b. A minimum two (2) to three (3) foot high undulating berm with an average height of two and one half (2.5) feet measured from top of curb;

c. One (1) canopy tree planted every thirty (30) feet on center;

d. One (1) additional palm or pine tree for each thirty (30) linear feet of property lines, with a maximum spacing of sixty (60) feet between clusters; and,

e. Twenty-four (24) inch high shrub or hedge material shall be spaced no more than twenty-four (24) inches on center and maintained at a minimum height of thirty-six (36) inches. A minimum of forty (40) percent of the shrubs shall be installed on the plateau of the berm. (CO: LANDSCAPE)

G. LIGHTING

1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, minimum necessary to satisfy the Palm Beach County Security Code, shielded and directed down and away from adjacent properties and streets. (CO/ONGOING: BLDG/CODE ENF - Zoning)

2. All outdoor lighting fixtures shall not exceed twenty five (25) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning)

H. SIGNS

1. Signs fronting on Oxford Place shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - eight (8) feet;

b. Maximum sign face area per side - 60 square feet;

c. Maximum number of signs - one (1); and

d. Style - monument style only. (CO: BLDG)

I. COMPLIANCE

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

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

a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or

b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or

c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Staff may be directed by the Executive Director of PZ&B or a majority vote of the Code Enforcement Board 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 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.

Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING)

Zoning Director Whiteford directed the Board's attention to the following revised condition on the Amendments to the Agenda sheet. The revision had already been made to the conditions.

Revised Condition H.1:

1. ~~Freestanding point of purchase s~~Signs fronting on Oxford Place shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - eight (8) feet;

b. Maximum sign face area per side - 60 square feet;

c. Maximum number of signs - one (1); and

d. Style - monument style only. (CO: BLDG)

3.B.9. See Pages 4 and 5.

3.B.10.

a. RESOLUTION R-2000-0254

RESOLUTION FOR PETITION PDD89-19(E) (VALENCIA GRAND ISLES) OF GL HOMES OF BOYNTON BEACH ASSOCIATES V LTD., BY KILDAY & ASSOCIATES, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) TO REZONE FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR 1.4 ACRES OF THE 235.3-ACRE PROPERTY LOCATED APPROXIMATELY 1,400 FEET NORTH OF SIMS ROAD ON THE EAST SIDE OF HAGEN RANCH ROAD. (P.O.P. 693929) ADOPTED 2-24-2000

Staff Recommendation: Approval of the rezoning and adoption of a resolution affirming that action.

b. RESOLUTION R-2000-0255

RESOLUTION FOR PETITION EAC89-19(E) (VALENCIA GRAND ISLES) OF GL HOMES OF BOYNTON BEACH ASSOCIATES V LTD., BY KILDAY & ASSOCIATES, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT/EXPEDITED APPLICATION CONSIDERATION (EAC) TO ADD LAND AREA, REDESIGNATE LAND USES, AND RECONFIGURE THE MASTER PLAN FOR THE 235.3-ACRE PROPERTY LOCATED APPROXIMATELY 1,400 FEET NORTH OF SIMS ROAD ON THE EAST SIDE OF HAGEN RANCH ROAD. (REVOKES R-89-1321, R-91-382, AND R-94-365 AND AMENDS R-99-2263) (P.O.P. 693929) ADOPTED WITH CONDITIONS AS AMENDED 2-24-2000

Staff Recommendation: Approval of the development order amendment and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R-99-2263 (Petition 89-019(D)) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING - Zoning)

2. Resolutions R-89-1321, granting approval of Petition 89-019, R-91-382, granting approval of Petition 89-019(B), and R-94-365, granting approval of Petition 89-019(C), are hereby revoked. (Previously Condition A.1 of Resolution R-99-2263, Petition PDD89-019(D)) (MONITORING)

3. Condition A.2 of Resolution R-99-2263, Petition PDD89-019(D) which currently states:

Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved preliminary development plan and conceptual site plan are dated August 31, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC.

Is hereby amended to read:

Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved preliminary development plan and conceptual site plan are dated February 14, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

1. Diversity of architectural elevation and exterior color scheme shall be required by complying with the following:

a. No identical homes shall be placed next to one another (i.e. same elevation with same exterior color scheme).

b. No more than three (3) homes with the same elevation shall be placed next to each other; and,

c. No more than three (3) homes with the same exterior color scheme may be placed next to each other.

A monitoring report with updated information shall be submitted by the developer with each building permit application to ensure compliance with this condition. This obligation shall be included in the Homeowners Association's documentation. (Previously Condition B.1 of Resolution R-99-2263, Petition PDD89-019(D)) (BLDG PERMIT: BLDG/ZONING)

2. The proposed residential buildings within Pods A-I shall be designed and constructed to be similar to the facade elevations contained in the G.L. Homes Valencia Isles brochures dated July 27, 1999. Modifications may be permitted provided the new architectural treatment are equal to or an upgrade of the original architectural treatment. (Previously Condition B.2 of Resolution R-99-2263, Petition PDD89-019(D))(BLDG PERMIT: BLDG - Zoning)

C. ENVIRONMENTAL RESOURCES MANAGEMENT

1. A Wellfield Affidavit of Notification shall be submitted to Environmental Resources Management prior to DRC site plan certification. (Previously Condition C.1 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ERM)

2. The Master Plan shall show the new sites and shall be in compliance with the Wellfield Section (9.3) and the Excavation Section (7.6) of the ULDC prior to DRC certification. (Previously Condition C.2 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ERM)

D. HEALTH

1. Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site. At the discretion of the Health Department, the comfort stations may be reviewed under separate criteria. (Previously Condition D.2 of Resolution R-99-2263, Petition PDD89-019(D)) (HEALTH)

2. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (Previously Condition D.2 of Resolution R-99-2263, Petition PDD89-019(D))(HEALTH)

E. ENGINEERING

1. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at the Project's Entrance and Hagen Ranch Road. Should signalization not be warranted after 24 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (Previously Condition E.1 of Resolution R-99-2263, Petition PDD89-019(D))(ONGOING: MONITORING - Eng)

2. Prior to the issuance of a building permit the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional right of way for the construction of a right turn lane on Hagen Ranch Road at the project's entrance road. This right-of-way shall be a minimum of 280 feet in storage length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. This additional right of way shall be free of all encumbrances and encroachments and shall include "Corner Clips" where appropriate as determined by the County Engineer. The Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (Previously Condition E.2 of Resolution R-99-2263, Petition PDD89-019(D))(BLDG PERMIT: MONITORING - Eng)

3. The Property owner shall fund the construction of a right turn lane south approach on Hagen Ranch Road at the projects entrance road.

a) Funding for this construction to the Roadway Production Division of the County Engineers Office shall be prior to February 1, 2000. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. (Previously Condition E.3 of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING - Eng)

4. On or before July 31, 2000, the property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Hagen Ranch Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. The drainage system within the project shall have sufficient retention/detention and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (Previously Condition E.4 of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING - Eng)

5. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule:

a. Building Permits for no more than 440 adult single family residences shall be issued until construction has begun for the widening of Hagen Ranch as a 5 lane section from Boynton Beach Boulevard to West Atlantic Avenue plus the appropriate paved tapers. (Previously Condition E.5 of Resolution R-99-2263, Petition PDD89-019(D)) (BLDG PERMIT: MONITORING - Eng)

6. LANDSCAPE WITHIN LANDSCAPE STRIP OF HAGEN RANCH ROAD

A. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to provide landscaping within the Landscape Strip of Hagen Ranch Road right-of-way and shall comply with all permit requirements, including but not limited to indemnifying Palm Beach County. When permitted by Palm Beach County

Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the latest revision to the Palm Beach County Engineering and Public Works Department Streetscape Standards. All new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (Previously Condition E.6.A of Resolution R-99-2263, Petition PDD89-019(D)) (BLDG PERMIT: MONITORING - Eng)

B. All required Landscape Strip Landscaping, including an irrigation system if required, shall be installed at the property owners expense. All landscape material shall be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Associate and/or Homeowners's Association, or maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to January 1, 2001. (Previously Condition E.6.B of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING-Eng)

C. If the County does not assume maintenance responsibility, property owners documents or other restrictive covenant documents, evidencing the maintenance obligation shall be established or amended as required and shall be approved and recorded prior to the issuance of a building permit. (Previously Condition E.6.C of Resolution R-99-2263, Petition PDD89-019(D)) (BLDG PERMIT: MONITORING-Eng)

F. LANDSCAPING - STANDARD

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

a. Tree height: Twelve (12) feet

b. Trunk diameter: 2.5 inches measured 3 feet above grade;

d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (Previously Condition F.1 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE - Zoning)

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

a. Palm heights: Twelve (12) feet clear trunk;

b. Clusters: Staggered heights twelve (12) to eighteen (18) feet; and,

c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (Previously Condition F.2 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE - Zoning)

3. A group of three (3) or more palm or pine trees may not supersede the requirement for perimeter canopy tree in that location, unless specified herein. (Previously Condition F.3 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE - Zoning)

4. All internal PUD buffers between pods shall be approved by the Development Review Committee (DRC) in accordance with the ULDC, unless otherwise stated herein. (Previously Condition F.4 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

G. LANDSCAPING ALONG NORTH AND EAST PROPERTY LINES (ADJACENT TO LWDD L-30 CANAL AND AGRICULTURAL USE)

1. Landscaping and buffering along the north and east property lines shall be upgraded to include:

a. A minimum fifteen (15) foot wide landscape buffer strip, with a maximum five (5) foot easement encroachment;

b. One (1) canopy tree planted every thirty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum fifty (50) percent of the required canopy trees in that location within the buffer;

c. East property line only - A minimum one (1) to three (3) foot undulating berm with an average height of two (2) feet, measured from top of curb and one (1) additional palm or pine tree every twenty (20) linear feet of property line, with a maximum spacing of sixty (60) feet between palm or pine; and,

d. Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (Previously Condition G.1 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE)

H. LANDSCAPING ALONG SOUTH PROPERTY LINE (ADJACENT TO HUNTINGTON WALK, A.K.A. VILLA BORGHESE PUD)

1. Landscaping and buffering along the south property line shall be upgraded to include:

a. A minimum fifteen (15) foot wide landscape buffer strip, with reduction in width and encroachments as permitted by the ULDC;

c. Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (Previously Condition H.1 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE)

I. LANDSCAPING ALONG WEST PROPERTY LINE (ADJACENT TO HAGEN RANCH ROAD)

1. Landscaping and buffering along the west property line shall include:

a. A minimum thirty-five (35) foot wide landscape buffer strip with a five (5) foot maximum easement encroachment. Encroachment of the well site may be permitted provided it is setback a minimum of fifteen (15) feet from the PUD's west property line and screened with appropriate landscaping;

b. A minimum three (3) to five (5) foot high undulating berm with an average height of four (4) feet measured from top of curb;

c. One (1) canopy tree for each twenty-five (25) linear feet of property line with a maximum spacing of thirty (30) feet between clusters. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the required canopy trees in that location within the buffer;

d. One (1) additional palm or pine tree for each twenty-five (25) linear feet of property line with a maximum spacing of sixty (60) feet between clusters; and,

e. Twenty four (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center and maintained at a minimum height of thirty six (36) inches. (Previously Condition I.1 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE)

J. LWDD

1. Per LWDD Board of Supervisors meeting July 14, 1999, the L-31 Canal located in the east half of Section 9/46/42 will be relocated along the west section line of the Northwest Quarter of Section 10/46/42. Prior to Plat Recordation the L-31 Canal along said west section line will be constructed and a seventy (70) foot easement will be conveyed to the District for the relocated L-31, the District will concurrently quit claim its interest relative to the L-31 canal in the east half of section 9; otherwise the owner of that portion of the east half of section 9 in which the L-31 canal is located, shall convey to the District by either quit claim or easement the L-31 canal required right-of-way as shown in ORB 1732 Page 612. (Previously Condition J.1 of Resolution R-99-2263, Petition PDD89-019(D)) (PLAT: ENG - LWDD)

K. MASS TRANSIT

1. A. Prior to final certification of the preliminary development plan or site plan by the Development Review Committee, whichever occurs first, the petitioner shall amend the plan to indicate one or more of the following: mass transit access, mass transit shelter(s) and/or a bus stop(s) on or adjacent to the subject property, if required by the Palm Beach County School Board and/or the County Engineer. (Previously Condition K.2 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of a building permit for the 100th unit. The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (Previously Condition K.2 of Resolution R-99-2263, Petition PDD89-019(D)) (BLDG PERMIT: MONITORING - Eng)

L. PLANNED UNIT DEVELOPMENT

1. Decorative street lights shall be provided pursuant to Section 6.8.A of the ULDC, subject to approval by the County or City Engineer. (CO: BLDG - Eng)

2. Street trees shall be provided as follow:

a. Along a minimum of one side of all internal PUD right-of-ways forty (40) feet in width or greater;

b. Along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and,

c. At one canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters.

Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the County Engineer, if required, shall be used. (Previously Condition L.2 of Resolution R-99-2263, Petition PDD89-019(D)) (CO: LANDSCAPE - Zoning)

3. All property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall, among other things, provide for: Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas.

The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (Previously Condition L.3 of Resolution R-99-2263, Petition PDD89-019(D)) (PLAT: ENG - Co Att)

4. Recreation uses in accordance with the Board of Adjustment Petition BOFA 9900070 conditions of approval shall be provided. Such recreation uses shall have a direct connection to the pedestrian system within the project and include a tot lot, gazebo, fitness station, rest station, or similar recreation amenity subject to approval of the Zoning Division. These recreation areas shall not be used toward the Parks and Recreation Department's minimum recreation requirement or be located within land areas designated for drainage, stormwater management or other utility purposes. (Previously Condition L.4 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC/PLAT: ZONING)

5. Flexible Regulations and Administrative Deviations from the required property development regulations for the residential units and their accessory structures shall be limited to the following:

Property Development Regulations	Administrative Deviation or Flexible Regulations	Pods A, B, D, F ^{(** for all pods)}	Pods C,E^{(** for all pods)}	Pods G-I^{(** for all pods)}
Lot Width /Frontage (Interior/Corner/Side Street)	42'/44'/48' min.		x
Building Coverage (SFD/ZLL)	44%/55% max.	x	x	x
Front Setback	22.5' min.	x		x

** Pavers shall be provided for the driveways of all units (Previously Condition L.5 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

6. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to show a focal point at the terminus of internal roadway, access tract, residential street (including T-intersections), or cul-de-sac consistent with the Focal Point Exhibit dated November 1, 1999.

This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain, arcade, accent landscaping with lighting or any other site element or architectural design acceptable to the Zoning Division. (Previously Condition L.6 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

7. No rear, side interior or side street setback reductions may be permitted with the exception of lots abutting lake tracts or open space tracts as permitted by the ULDC. (Previously Condition L.7 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

8. Drainage easements shall not be permitted along the width and within the rear yards of the back-to-back units. (Previously Condition L.8 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

9. All zero-lot line lots (units) which side yard abuts the rear yard of two (2) or more lots (units) shall be restricted to one (1) story in height. (Previously Condition L.9 of Resolution R-99-2263, Petition PDD89-019(D)) (DRC: ZONING)

10. Prior to plat recordation, the external access to the Civic Pod from Hagen Ranch Road shall be deleted from the preliminary development plan if the land area is not used as a Public Civic site. (Previously Condition L.10 of Resolution R-99-2263, Petition PDD89-019(D)) (PLAT: ZONING)

M. PREM

1. The property owner shall provide Palm Beach Count Board of County Commissioners with a warranty deed by December 1, 2000 for a 4.68 acre Public civic site, in a location and form acceptable to Facilities, Development & Operations Department (FD&O). Developer to Plat and dedicate the Civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance.

a. Developer to provide a title policy insuring marketable title to Palm Beach County for the civic site. Policy is subject to Property & Real Estate Management Department's (PREM) and County Attorney's approval. The title policy to be insured to Palm Beach County for a dollar value based on current market appraisal of the proposed civic site or the Contract purchase price on a per acre basis. The appraisal to be obtained the Developer. The County to have the option, at their discretion, to release all or part of the Declarations of Covenants and Conditions of the PUD, as it would apply to the civic site.

b. All ad valorem real estate taxes and assessments for the year of closing shall be pro-rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by PREM and the County Attorney's Office after receiving Board approval.

c. Civic site to be free and clear of all trash an debris at the time of acceptance of the warranty deed.

d. Developer shall provide all retention, detention, and drainage required for any future development of the proposed civic site by the County. Developer shall specifically address the following issues:

1) The discharge of surface water from the proposed civic site into the Developer's water retention basins.

2) As easement across Developer's property from the proposed civic site to the retention basins, if required.

e. By acceptance of these conditions developer agrees to allow the County to perform any on site inspections deemed appropriate to support the acquisition of the civic site.

f. Developer to prepare civic site to build able grade under the direction of the Facilities Development & Operations Department.

g. Developer to provide water and sewer stubbed out to the property line. (Previously Condition M.1 of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING - PREM)

2. The property owner shall provide the County with a certified survey of the proposed civic site by November 1, 2000. Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria:

a. The survey shall meet Minimum Technical Standards for a Boundary Survey as prescribed by F.A.C. 21HH.6.

b. If this parcel is a portion of Palm Beach Farms, sufficient data to make a mathematical overlay should be provided.

c. The survey should indicate a location of any proposed water retention area that will border the civic site.

Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site. (Previously Condition M.2 of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING - PREM)

3. The property owner shall provide PREM with an Environmental Assessment of the proposed civic site by November 1, 2000. The minimum assessment which is required is commonly called a "Phase I Audit". The audit shall describe the environmental conditions of the property and identify the past and current land use.

The assessment will include but not be limited to the following:

a. Review the property abstracts for all historical ownership data for evidence of current and past land use of the proposed civic site.

b. Review the local, state, and federal regulatory agency's enforcement and permitting records for indication of prior groundwater or soil contamination. Also, a review of the neighboring property that borders the proposed civic site will be required. The review shall include, but not be limited to, Palm Beach County Environmental Resources Management Department Records, and Florida Department of Regulation Records.

The assessment shall reflect whether the civic site or any bordering property is on the following lists:

1) EPA's National Priorities list (NPL)

2) Comprehensive Environmental Response Compensation and Liability Act System List (CERCLA)

3) Hazardous Waste Data Management System List (HWDMS)

c. Review of current and historical aerial photographs of the proposed civic site. Provide a recent aerial showing site and surrounding properties.

d. The results of an on-site survey to describe site conditions and to identify potential area of contamination.

e. Review of Wellfield Protection Zone maps to determine if property is locate in a Wellfield Zone. (Previously Condition M.3 of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING - PREM)

4. Prior to November 1, 2000, the Petitioner may request to exchange the required on-site dedication of land for cash of equal value or off-site land equal in acreage, however, this option shall be used only upon County approval. In addition, should the off-site land option be chosen, each PREM condition listed in numbers 1,2 & 3 above will also apply. If the land off-site is of less cash value than the on-site dedication the petitioner shall contribute cash equal to the difference in values. Valuation of the on-site and off-site land shall be subject to the County appraisal process and be at the cost of the petitioner or if the petitioner is a contract purchaser the per acre value used for the entire PUD may be used to determine the civic site value. If off-site land or cash contribution is accepted by Palm Beach County, the petitioner shall be deemed to have sufficiently met the intent of ULDC 6.8.B.6.a.(2). (Previously Condition M.4 of Resolution R-99-2263, Petition PDD89-019(D)) (DATE: MONITORING - PREM)

N. COMPLIANCE

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

b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Land Development Director Ken Rogers informed the Board that a condition of approval had been inadvertently omitted from Exhibit C. He proposed to add the condition which would stipulate that prior to plat recordation, the developer would provide a temporary construction easement along the frontage on Hagen Ranch Road. The petitioner had agreed to the condition, he said. Mr. Rogers added that the petitioner had agreed to work with staff in providing the two locations needed for draining Hagen Ranch Road into the project.

The following condition was included in the final resolution:

Added Condition E.7:

Prior to technical compliance of the first plat, the property owner shall provide to the County Engineer a temporary construction easement along Hagen Ranch Road. The temporary construction easement shall be along the projects entire frontage. (TC:ENG)

3.B.11. RESOLUTION R-2000-0256

RESOLUTION FOR PETITION EAC98-10(A) (TURNER MULTIPLE USE PLANNED DEVELOPMENT) OF RON TURNER AND JOANN TURNER, BY LAND DESIGN SOUTH, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT/ EXPEDITED APPLICATION CONSIDERATION (EAC) TO MODIFY CONDITION E.6 IN RESOLUTION R-98-1316 FOR THE 17.89-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BOYNTON BEACH BOULEVARD AND EL CLAIR RANCH ROAD. (AMENDS R-98-1316) (P.O.P. 693929) ADOPTED WITH CONDITIONS 2-24-2000

Staff Recommendation: Approval of the development order amendment and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolution R-98-1316 (Petition PDD98-010), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Condition A.2 of Resolution R-98-1316, Petition PDD98-010 which currently states:

Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated June 24, 1998. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. Previously (ONGOING: ZONING)

Is hereby amended to state:

Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan, which has not been modified from the previously approved site plan of June 24, 1998, is dated January 27, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. Previously (ONGOING: ZONING)

3. Resolution R-90-821, granting approval of Petition 89-94, is hereby revoked. (Previously Condition A.1 of Resolution R-98-1316, Petition PDD98-010) (MONITORING)

B. CONGREGATE LIVING FACILITY

1. The CLF shall be limited to a maximum of 240,956 square feet. Gross floor area may be increased an additional 5% up to 1000 square feet, whichever is less, subject to Development Review Committee (DRC) approval. (Previously Condition B.1 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING)

2. The CLF shall be limited to minimum of 200 beds and a maximum of 342 Type III CLF beds. (Previously Condition B.2 of Resolution R-98-1316, Petition PDD98-010) (DRC: BUILDING / HEALTH - Zoning/ Planning)

C. HEALTH

1. Condition C.1 of Resolution R-98-1316, Petition PDD98-010 which currently states:

Any biomedical waste which may be generated at this site shall be properly handled and disposed of in accordance with Chapter 10D-104FAC.

Is hereby amended to read:

Any biomedical waste which may be generated at this site shall be properly handled and disposed of in accordance with Rule 64E-16FAC (ONGOING: HEALTH/CODE ENF)

2. Generation and disposal of any hazardous effluent into sanitary sewer system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection and the agency responsible for sewage works are constructed and used by project tenants or owners generating such effluent. (ONGOING: HEALTH/CODE ENF)

3. Any toxic or hazardous waste which may be generated at this site shall be handled and disposed of in accordance with Rule 62-730 FAC. (ONGOING: HEALTH/CODE ENF)

D. LANDSCAPING - STANDARD

1. All palms required to be planted on site by this approval, except on individual residential lots, shall meet the following minimum standards at installation:

a. Palm heights: twelve (12) feet clear trunk;

b. Clusters: staggered heights twelve (12) to eighteen (18) feet; and,

c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (Previously Condition D.1 of Resolution R-98-1316, Petition PDD98-010) (CO: LANDSCAPE - Zoning)

2. The building setbacks shall be measured from the interior of the 25 foot buffer line. (Previously Condition D.2 of Resolution R-98-1316, Petition PDD98-010) (DRC: LANDSCAPE-Planning)

E. ENGINEERING

1. Prior to issuance of a building permit the property owner shall convey a 10 foot temporary roadway construction easement along El Clair Ranch Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (Previously Condition E.1 of Resolution R-98-1316, Petition PDD98-010) (BLDG PERMIT: MONITORING-Eng)

2. The Property owner shall construct a left turn lane south approach on El Clair Ranch Road at the projects entrance road.

a. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way.

b. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: Monitoring-Eng)

c. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (Previously Condition E.2 of Resolution R-98-1316, Petition PDD98-010) (CO: MONITORING-Eng)

3. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule:

a. Building Permits for no more than 342 ACLF beds shall be issued until the contract is awarded for the 6 laning of Jog Road from Boynton Beach Boulevard to Woolbright Road. (Maximum 783 daily project trips) (BLDG PERMIT: MONITORING-Eng)

b. Building permits for no more than 342 ACLF beds and 29,250 sf of medical office shall be issued until a contract for construction has been awarded for a south approach right turn lane and west approach right turn lane at the intersection of Jog Road and Boynton Beach Boulevard plus the appropriate paved tapers. (Maximum 1660 daily project trips)

c. Building permits for no more than 342 ACLF beds and 38345 sf of medical offices shall be issued until construction commences on the 6 laning of Boynton Beach Boulevard from Jog Road to Hagen Ranch Road. (Maximum 1970 daily project trips) (BLDG PERMIT: MONITORING-Eng)

d. Building Permits for no more than 342 ACLF beds and 39,200 square feet of medical office shall be issued until construction has begun for one of the following alternative improvements at the intersection of El Clair Ranch Road and Boynton Beach Boulevard plus the appropriate paved tapers:

(Maximum 2000 daily project trips) (Previously Condition E.3 of Resolution R-98-1316, Petition PDD98-010) (BLDG PERMIT: MONITORING-Eng)

1. right turn lane, north approach

right turn lane, south approach

right turn lane, west approach

2. dual left turn lanes, east approach

dual left turn lanes, west approach

right turn lane, west approach

4. The mix of allowable Uses as permitted by the Zoning Division, listed above may be adjusted by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. (Previously Condition E.4 of Resolution R-98-1316, Petition PDD98-010) (REVISED TRAFFIC STUDY: MONITORING-Eng)

5. Condition E.5 of Resolution R-98-1316, Petition PDD98-010 which currently states:

LANDSCAPE WITHIN MEDIAN OF STATE ROADS

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Boynton beach Boulevard road right-of-way. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards.

The property owner shall also be responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

b. All required median landscaping, including an irrigation system shall be installed at the property owners expense. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to the issuance of a certificate of occupancy. (CO: MONITORING - Eng)

c. Declaration of Covenants and Restriction Documents evidencing this obligation shall be established or amended as required and shall be approved and recorded prior to the issuance of a building permit. (BLDG PERMIT: MONITORING - Eng)

Is hereby amended to read:

LANDSCAPE WITHIN MEDIAN OF STATE ROADS

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Boynton Beach Boulevard. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department latest revision to the Streetscape Standards.

b. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All landscaping, paver block or similar materials shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns or duly established Property Owner's Association or maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to the issuance of a certificate of occupancy. (CO: MONITORING-Eng)

c. If the County does not assume maintenance responsibility, then appropriate property owners documents or other restrictive covenant documents, evidencing the maintenance obligation shall be established or amended as required and shall be approved and recorded prior to the issuance of a Building Permit. (BLDG PERMIT: MONITORING-Eng)

6. Condition E.6 of Resolution R-98-1316, Petition PDD98-010 which currently states:

TPS Requirements:

Unless assured by others prior to April 24, 1999 the Property owner shall fund the construction and construction plans for Condition 3.c and 3.d above plus the appropriate paved tapers. Funding amount for this construction shall be approved by the County Engineer based upon an approved cost estimate by the Developers Engineer. Funding shall be completed on or before April 24, 1999.

Is hereby amended to read:

Unless assured by others, prior to April 15, 2000 the property owner shall fund the construction and construction plans for Condition 3.c. and 3.d. above plus the appropriate paved tapers. Funding amount for this construction shall be approved by the County Engineer based upon an approved cost estimate by the Developer's Engineer. (DATE/MONITORING-Eng)

7. The property owner shall obtain from the LWDD additional right of way to be conveyed to Palm Beach County Land Development Division by road right-of-way warranty deed an additional 12 feet of right of way for the construction of a right turn lane along Boynton Beach Boulevard along the projects' entire frontage. Right of way shall be conveyed on or before March 1, 1999 or prior to the issuance of the first Building Permit whichever shall first occur.

This additional right of way shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (Previously Condition E.7 of Resolution R-98-1316, Petition PDD98-010) (DATE/BLDG PERMIT: MONITORING-Eng)

8. The Property owner shall construct a pedestrian pathway along the west right of way of El Clair Ranch Road from Boynton Beach Boulevard to the projects south property line.

b. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: Monitoring-Eng)

c. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (Previously Condition E.8 of Resolution R-98-1316, Petition PDD98-010) (CO: MONITORING-Eng)

F. LANDSCAPING ALONG THE PERIMETER OF THE SITE (ACROSS FROM RESIDENTIAL (AND ABUTTING BOYNTON BEACH BOULEVARD AND EL CLAIR RANCH ROAD)

1. Landscaping and buffering along the north, south, east, and west perimeter of the site (except for 320 feet along the north portion of the west property line) shall include:

a. A minimum twenty-five (25) foot wide landscape buffer strip;

b. A minimum two to four foot high undulating berm with an average height of three (3) feet measured from top of curb;

c. One (1) canopy tree for each twenty (20) linear feet of frontage with a maximum spacing of twenty-five (25) feet on center;

d. One (1) palm or pine tree for each twenty-five (25) linear feet of property line with a maximum spacing of sixty (60) feet on center between clusters. A group of three (3) palm or pine trees may be substituted for 25% of the perimeter canopy trees; and,

e. Twenty four (24) inch high shrub or hedge material installed along the on the plateau of the undulating berm. Shrub or hedge material shall be spaced no more than twenty four (24) inches on center and maintained at a minimum height of thirty six (36) inches. (Previously Condition F.1 of Resolution R-98-1316, Petition PDD98-010) (CO: LANDSCAPE)

G. LANDSCAPING - WEST PROPERTY LINE

1. Prior to final site plan approval by the DRC the petitioner shall amend the plan to include a six (6) foot wall along 320 feet of the north portion of the west property line. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. (Previously Condition G.1 of Resolution R-98-1316, Petition PDD98-010) (DRC / CO: ZONING / LANDSCAPE)

2. The following landscaping requirements shall be installed on the exterior side of the required wall:

a. One (1) canopy tree planted every twenty (20) linear feet;

b. One (1) palm or pine tree for each twenty-five (25) linear feet, with a maximum spacing of sixty (60) feet on center between clusters. A group of three or more palm or pine trees may supersede the requirement for 25% of the canopy trees in that location; and

c. Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (Previously Condition G.2 of Resolution R-98-1316, Petition PDD98-010) (CO: LANDSCAPE)

3. Along the interior side of the required wall, the property owner shall install twenty-four (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center, to be maintained at a minimum height of thirty-six (36) inches. (Previously Condition G.3 of Resolution R-98-1316, Petition PDD98-010) (CO: LANDSCAPE)

H. LANDSCAPING - INTERIOR

1. Foundation plantings or grade level planters shall be provided along the front and side facades of all structures to consist of the following:

a. The minimum width of the required landscape areas shall be five (5) feet;

b. The length of the required landscaped areas shall be no less than 50% of the total length of the applicable exterior side of the structure; and,

c. Landscape areas shall be planted with a minimum of one (1) tree or palm every twenty (20) linear foot of building facade and appropriate ground cover. (Previously Condition H.1 of Resolution R-98-1316, Petition PDD98-010) (DRC / CO: ZONING / LANDSCAPE)

I. ENVIRONMENTAL RESOURCES MANAGEMENT

1. A Wellfield Affidavit of Notification shall be submitted to Environmental Resources Management prior to DRC site plan certification. (Previously Condition I.1 of Resolution R-98-1316, Petition PDD98-010) (DRC: ERM)

J. MASS TRANSIT

1. Prior to final certification of the preliminary development plan or site plan by the Development Review Committee, whichever occurs first, the petitioner shall amend the plan to indicate one or more of the following: mass transit access, mass transit shelter(s) and/or a bus stop(s) on or adjacent to the subject property, if required by the the County Engineer. (Previously Condition J.1 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING)

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to Palm Tran, and County Engineer prior to issuance of the first certificate of occupancy (CO). The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (Previously Condition J.2 of Resolution R-98-1316, Petition PDD98-010) (BLDG PERMIT: MONITORING - Eng)

K. MUPD

1. Total gross floor area of the professional office and medical clinic shall be limited to a minimum of 20,000 square feet and a maximum of 60,000 square feet. (Previously Condition K.1 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING - Planning)

2. The maximum height for all structures, including all air conditioning and mechanical equipment, shall be limited to two stories with a maximum height of twenty-five (25) feet as measured from the roof eaves. (Previously Condition K.2 of Resolution R-98-1316, Petition PDD98-010) (BLDG PERMIT: BLDG - Zoning/ Planning)

3. To ensure consistency with the site plan dated June 24, 1998, presented to the Board of County Commissioners, no more than twenty-five (25) percent of the total approved square footage or other area indicated as being covered by structures shall be relocated to portions of the site not previously covered. (Previously Condition K.3 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING)

4. All residential uses shall remain in Pod A and commercial uses shall remain in Pod B, as indicated on the preliminary development plan approved by the Board of County Commissioners (exhibit dated June 24, 1998). (Previously Condition K.4 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING/Planning)

5. Prior to certification of the preliminary development plan by the Development Review Committee, the property owner shall record in the public record a covenant requiring architectural consistency between all buildings, signage and project identification. Consistency shall include, at a minimum, an overall unified image and character created by the use of common elements such as building materials, roof lines, muted colors, fenestration, architectural features, and architectural elements. The covenant shall be recorded in a form and manner acceptable to the County Attorney. The covenant shall not be removed, altered, changed or amended without written approval from the Zoning Director. (Previously Condition K.5 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING - Co Att)

6. Prior to certification of the preliminary development plan by the Development Review Committee, the property owner shall record a covenant in the public record indicating that all structures, uses and parking areas within the project are part of a single unified planned development, regardless of ownership. The covenant shall be recorded in the public record in a manner and form acceptable to the County Attorney. The covenant shall not be removed, altered, changed or amended without written approval from the Zoning Director. (Previously Condition K.6 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING - Co Att/ Planning)

7. Prior to final site plan approval by the DRC the site plan shall be amended to correctly reflect the right turn lane on to El Clair Ranch Road, LWDD L-24 canal, off-site landscaping and sidewalks and property boundary along the north property line adjacent to Boynton Beach Boulevard. (Previously Condition K.7 of Resolution R-98-1316, Petition PDD98-010) (DRC: ZONING - Co Att)

L. PLANNING

Condition L.1 of Resolution R-98-1316, Petition PDD98-010 which currently states:

1. Prior to final site plan approval by the Development Review Committee, the applicant shall meet with the Planning Division to determine whether this site plan conforms with those recommendations of the West Boynton Area Community Plan incorporated onto the site plan dated June 24, 1998. (DRC: PLANNING)

Is hereby amended to read:

Prior to final site plan approval by the Development Review Committee, the Planning Division shall determine whether this site plan conforms with those recommendations of the West Boynton Area Community Plan incorporated onto the site plan dated January 27, 2000. (DRC: PLANNING)

2. Condition L.2 of Resolution R-98-1316, Petition PDD98-010 which currently states:

Prior to final site plan approval, the development shall include a landscaped pathway/sidewalk system along Boynton Beach Boulevard and El Clair Ranch Road in order to provide shade/canopy for the pedestrian walkway. (DRC: LANDSCAPE-Planning)

Is hereby amended to read:

Prior to final site plan approval, the site plan shall include a landscape pathway/sidewalk system along Boynton Beach Boulevard and El Clair Ranch Road in order to provide shade/canopy for the pedestrian walkway. The previous BCC approved site plan dated January 27, 2000 shall also be amended to indicate a landscaped/shaded sidewalk along both sides of the entrance into the site from Boynton Beach Boulevard. In addition, the site plan shall be amended to remove the sidewalk along Boynton Beach Boulevard east of the entrance road to correctly reflect the right turn lane onto El Clair Ranch Road. (DRC: LANDSCAPE-Planning)

3. The access on El Clair Ranch Road shall be limited to one ingress/egress. (Previously Condition L.3 of Resolution R-98-1316, Petition PDD98-010) (DRC: ENGINEERING-Planning)

M. SIGNS

1. Freestanding point of purchase signs fronting on Boynton Beach Boulevard shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - fifteen (15) feet;

b. Maximum sign face area per side - 150 square feet;

c. Maximum number of signs - one (1); and

d. Style - monument style only. (Previously Condition M.1 of Resolution R-98-1316, Petition PDD98-010) (CO: BLDG)

2. Freestanding signs fronting on El Clair Ranch Road shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - eight (8) feet;

b. Maximum sign face area per side - 32 square feet;

c. Maximum number of signs - one (1); and

d. Style - monument style only. (Previously Condition M.2 of Resolution R-98-1316, Petition PDD98-010) (CO: BLDG)

3. Wall signs shall be permitted on the north and east facades only (away from residential). (Previously Condition M.3 of Resolution R-98-1316, Petition PDD98-010) (CO: BLDG)

4. Prior to final DRC approval the petitioner shall receive a waiver from the LWDD for signage in the L-24 easement or signs shall be relocated out of the easement. (Previously Condition M.4 of Resolution R-98-1316, Petition PDD98-010) (DRC: LWDD - Bldg Permit)

N. COMPLIANCE

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

b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

3.B.12. RESOLUTION R-2000-0257

RESOLUTION FOR PETITION DOA83-107(A) (SHERIFF'S OFFICE) OF THE BOARD OF COUNTY COMMISSIONERS FOR FACILITIES DEVELOPMENT AND OPERATIONS, BY AUDREY WOLF, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO REDESIGNATE LAND USES, DELETE CONDITION 13 IN RESOLUTION R-84-63, AND ADD GOVERNMENT SERVICES AS REQUESTED USES ON THE 6.86-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF CLINT MOORE ROAD AND STATE ROAD 7 (U.S. 441). (AMENDS R-84-63) (P.O.P. 652501) ADOPTED WITH CONDITIONS AS AMENDED 2-24-2000

Staff Recommendation: Approval of the development order amendment and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolution R-84-0063 (Petition 83-107), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Development of the PBSO site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated February 10, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING) (APPLICABLE TO PBSO ONLY)

B. BUILDING AND SITE DESIGN

1. Condition 14 of Resolution R-84-63 of Petition 83-107 which currently states:

The site plan shall provide for an alignment of roads and units that will protect property owners to the south from noise and lights.

Is hereby deleted. [Reason: No longer applicable].

2. If there is to be a convalescent facility its shall not exceed three stories, residences not to exceed two stories. (BLDG PERMIT: BLDG - Zoning)(Previous Condition 15 of Resolution R-84-63 of Petition 83-107)

3. Condition 18 of Resolution R-84-63 of Petition 83-107 which currently states:

No residential structures shall be located closer than 50 feet from the south property line.

Is hereby deleted. [Reason: No longer applicable].

4. The West line of the maintenance area shall be established in a direct North/South alignment. (Previous Condition 19 of Resolution R-84-63 of Petition 83-107)

5. Total gross floor area shall be limited to a maximum of 34,524 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet, whichever is less subject to approval by Traffic Division or DRC. (DRC: ZONING)(APPLICABLE TO PBSO ONLY)

6. The maximum height for all structures, including all air conditioning and mechanical equipment, and satellite dishes shall not exceed twenty five(25) feet, excluding unoccupied decorative architectural elements which are not the major component of the roofing system (i.e. spires, belfries, etc.). All heights shall be measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning) (APPLICABLE TO PBSO ONLY)

7. All ground mounted air conditioning and mechanical equipment including satellite dishes, shall be screened from view on all sides by a visually opaque barrier consistent with the color, character and architectural style of the principal structure or equivalent landscape material. (CO: BLDG - Zoning)(APPLICABLE TO PBSO ONLY)

C. ERM

1. Previous Condition 12 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall preserve significant areas of native vegetation and all wetlands on the subject property.

Is hereby deleted. [Reason: No longer applicable].

D. HEALTH

1. The developer shall take reasonable precautions during the development of this property to insure that fugitive particulates (dust particles) from this project do not become a nuisance to neighboring properties. (ONGOING: HEALTH/CODE ENF)(Previous Condition 9 of Resolution R-84-63 of Petition 83-107)

2. The developer shall take necessary measures during the development of this property to prevent pollutant run-off to neighboring and nearby surface waters. (ONGOING: HEALTH/CODE ENF)(Previous Condition 10 of Resolution R-84-63 of Petition 83-107)

3. Generation and disposal of any hazardous effluent into sanitary sewer system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection and the agency responsible for sewage works are constructed and used by project tenants or owners generating such effluent. (ONGOING: HEALTH/CODE ENF) (APPLICABLE TO PBSO ONLY)

4. Any toxic or hazardous waste which may be generated at this site shall be handled and disposed of in accordance with Rule 62-730FAC. (ONGOING: HEALTH/CODE ENFORCEMENT) (APPLICABLE TO PBSO ONLY)

5. The owner, occupant or tenant of this facility shall participate in an oil-recycling program, which ensures proper re-use or disposal of any waste oil. (ONGOING: HEALTH/CODE ENF) (APPLICABLE TO PBSO ONLY)

E. ENGINEERING

1. Condition 1 of Resolution R-84-63 of Petition 83-107 which currently states:

This development shall retain onsite the first one inch of the stormwater runoff per Palm Beach County Subdivision and Platting Ordinance 73-4, as amended.

Is hereby deleted. [Reason: Code requirements].

2. Condition 2 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall provide the construction plans for S.R. 7 as 4-lane median divided section, compatible with the Department of Transportation typical section from South of Glades Road through Kimberly Boulevard to include the appropriate tapers, per the County Engineers approval. These plans shall be completed within six months of Special Exception approval prior to the issuance of a Certificate of Occupancy, whichever first occurs.

Is Completed.

3. Condition 3 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall acquire 200 feet of right-of-way for S.R. 7 west of the west right-of-way line of Lake Worth Drainage District E-1 Canal, from south of Glades Road through Kimberley Boulevard including the appropriate tapers which will be required for the road construction for S.R. 7 as outlined in Condition No. 2 above. This right-of-way shall be acquired within 12 months of Special Exception approval, or prior to the issuance of a Certificate of Occupancy, whichever first occurs. Palm Beach County will acquire this right-of-way at the developer's expense.

Is Completed. (LWDD's letter dated 2/7/2000 has confirmed that the above condition has been completed).

4. Condition 4 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall construct S.R. 7 as a 4-lane median divided section from Glades Road through Kimberly Boulevard to include the appropriate tapers, per the County Engineers approval. The construction shall include an asphalt overlay of the two existing lanes on S.R. 7, if required by the County Engineer. This construction shall be completed and accepted by the Florida Department of Transportation prior to issuance of 50 certificates of Occupancy or within two (2) years of Special Exception approval, whichever first occurs.

Is Completed.

5. Previous Condition 5 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall construct at the project's entrance onto S.R. 7 concurrent with the filing of the first plat:

a) Right turn lane, north approach.

b) Left turn lane, south approach.

Is Completed.

6. The developer shall install signalization at the intersection of S.R. 7 and the project's entrance when warranted as determined by the County Engineer, but shall be no later than five (5) years after the issuance of the final Certificate of Occupancy. (Previous Condition 6 of Resolution R-84-63 of Petition 83-107)

7. Condition 7 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall contribute Thirty Two Thousand One Hundred and Forty Three ($32,143.00) Dollars toward the cost of meeting this project's direct and identifiable impact. The impact fee monies are to be used toward the construction program located within the project area. The money shall be in the from of a clean irrevocable letter of credit to Palm Beach County within ninety (90) days of Special Exception approval and may be called upon at any time thereafter.

Is hereby deleted. [Reason: Impact fees are code requirements].

8. Condition 8 of Resolution R-84-63 of Petition 83-107 which currently states:

Property owner shall convey, by either easement or deed, to the Lake Worth Drainage District, the 30' platted road right-of-way lying north of and adjacent to Tracts 49 to 60 inclusive, Block 69, Palm Beach Farms Company Plat No. 3 as required for the right-of-way for Lateral Canal 39-W, as well as the South 40.00 feet of Section 36/46/41 and the West 60.00 feet of the South Half of 36/46/41 and the East 60.00 feet of the South Half of Section 35/46/41 for the required right-of-way for Canal No. S-11.

Is Completed. (LWDD's letter dated 2/7/2000 has confirmed that the above condition has been completed).

9. Condition 16 of Resolution R-84-63 of Petition 83-107 which currently states:

The property owner shall convey the ultimate right-of-way of S.R. 7, 240 feet west of the west right-of-way line of the Lake Worth Drainage District E-1 Canal, within 90 days of approval; conveyance must be accepted by Palm Beach County prior to issuance of first building permit.

Is Completed. (LWDD's letter dated 2/7/2000 has confirmed that the above condition has been completed).

10. Condition 17 of Resolution R-84-63 of Petition 83-107 which currently states:

The developer shall construct at the intersection of Clint Moore Road and S.R. 7 concurrent with the first plat a left turn lane, north approach and a left turn lane, south approach.

Is Completed.

11. The Property owner shall fund the following intersection improvements at Clint Moore Road and SR7 concurrent with the road widening of SR 7:

a) a left turn lane south approach on SR 7.

b) a left turn lane west approach on Clint Moore Road Extension at SR 7.

12. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule:

a) No building Permits be issued until construction has begun for SR7 as a 6 lane section from Glades Road to West Atlantic Avenue plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

13. The property owner shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (ENG)

F. LANDSCAPING - STANDARD (APPLICABLE TO PBSO ONLY)

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

a. Tree height: twelve (12) feet

b. Trunk diameter: 2.5 inches measured 3 feet above grade;

c. Canopy diameter: six (6) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3 feet in length; and,

d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning)

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

a. Palm heights: twelve (12) feet clear trunk;

b. Clusters: staggered heights twelve (12) to eighteen (18) feet; and,

c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning)

3. A group of three (3) or more palm or pine trees may supersede the requirement for canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

4. Credit may be given for existing or relocated trees and native understory provided they meet current ULDC standards pursuant to Section 7.3.E. (CO: LANDSCAPE - Zoning)

G. LANDSCAPING ALONG THE NORTH AND NORTH 150 FEET OF WEST PROPERTY LINES (ABUTTING RESIDENTIAL) (APPLICABLE TO PBSO ONLY)

1. Landscaping and buffering along the north and north 150 feet of west property lines shall be upgraded to include:

a. A minimum thirty (30) foot wide landscape buffer strip;

b. A minimum four (4) foot high continuous berm measured from top of curb;

c. One (1) canopy tree planted every thirty (30) feet on center;

d. One (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet between clusters; and

c. Twenty-four (24) inch high shrub or hedge material installed on the plateau of the berm. Shrub or hedge material shall be spaced no more than twenty-four (24) inches on center and maintained at a minimum height of thirty-six (36) inches. (CO: LANDSCAPE)

H. LANDSCAPING ALONG THE EAST PROPERTY LINE (ABUTTING SR7/US441) (APPLICABLE TO PBSO ONLY)

1. Landscaping and buffering along the east property line shall be upgraded to include:

a. A minimum twenty (20) foot wide landscape buffer strip, no width reduction of the buffer shall be permitted except in area where the proposed six (6) parking spaces are located;

b. A minimum two (2) foot high continuous berm measured from top of curb except in area where the proposed six (6) parking spaces are located;

c. One (1) canopy tree planted every thirty (30) feet on center;

d. One (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and,

e. Twenty-four (24) inch high shrub or hedge material installed on the plateau of the berm. Shrub or hedge material shall be spaced no more than twenty-four (24) inches on center and maintained at a minimum height of thirty-six (36) inches. A minimum forty (40)% of the shrubs shall be planted on the plateau of the berm. (CO: LANDSCAPE)

I. LANDSCAPING ALONG THE SOUTH 310 FEET OF THE WEST PROPERTY LINE (ACROSS FROM RESIDENTIAL) (APPLICABLE TO PBSO ONLY)

1. Landscaping and buffering along the south 310 feet of the west property line shall include:

a. A minimum ten (10) foot wide landscape buffer strip excluding the access road;

b. One (1) canopy tree planted every thirty (30) feet on center;

c. One (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and,

d. Thirty (30) inch high shrub or hedge material, spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of seventy-two (72)inches. (CO: LANDSCAPE)

J. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (ACROSS FROM PARK/LWDD CANAL) (APPLICABLE TO PBSO ONLY)

1. Landscaping and buffering along the south property line shall include:

a. A minimum twenty five (25) foot wide landscape buffer strip except where access road is ;

b. One (1) medium canopy tree planted every thirty (30) feet on center;

c. One (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and,

d. Thirty (30) inch high shrub or hedge material, spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of thirty six (36)inches. (CO: LANDSCAPE)

K. LANDSCAPING - INTERIOR (APPLICABLE TO PBSO ONLY)

1. Foundation planting or grade level planters shall be provided along the front and side facades of all structures to consist of the following:

a. The minimum width of the required landscape areas shall be five (5) feet;

b. The length of the required landscaped areas shall be no less than 50% of the total length of each side of the structure; and,

c. Landscape areas shall be planted with a minimum equivalent of one (1) tree or palm for each twenty (20) linear foot of building facade and appropriate ground cover. (DRC / CO: ZONING / LANDSCAPE)

L. LIGHTING (APPLICABLE TO PBSO ONLY)

2. All outdoor lighting fixtures shall not exceed twenty five (25) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning)

3. Lighting shall be provided to mark all perimeter driveways or accessways and shall comply with Condition 1 above. (CO/ONGOING: BLDG/CODE ENF - Zoning)

M. PLANNING

The remaining 3 acres of the "nursery/maintenance area" shall be used in a manner accessory only to this development and shall not be used for any non-residential or commercial activity. (DRC/ONGOING-Planning)

N. SIGNS (APPLICABLE TO PBSO ONLY)

1. Freestanding point of purchase signs fronting on SR7/US441 shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - six (6) feet;

b. Maximum sign face area per side - 80 square feet;

c. Maximum number of signs - one (1); and

d. Style - monument style only. (CO: BLDG)

2. No off-premise signs or relocated billboards shall be permitted on the site. (ONGOING/DRC: CODE ENF/ZONING)

O. USE LIMITATIONS

1. Condition 13 of Resolution R-84-63 of Petition 83-107 which currently states:

The "Nursery/Maintenance" area shall be used in a manner accessory only to this development and shall not be used for any commercial activity. This area may be used for agricultural purposes consistent with providing open space and compatible with adjacent residential development.

Is hereby deleted. [Reason: Request by petitioner].

P. COMPLIANCE

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

b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Zoning Director Whiteford stated that the Amendments to the Agenda sheets contained modifications to the conditions.

Revised Condition B.5:

Total gross floor area shall be limited to a maximum of ~~34,524~~ 34,756 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet, whichever is less subject to approval by Traffic Division or DRC. (DRC: ZONING)(APPLICABLE TO PBSO ONLY)

Revised Condition E.12:

~~In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule:~~

~~a) No building Permits be issued until construction has begun for SR7 as a 6 lane section from Glades Road to West Atlantic Avenue plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)~~

The property owner shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (ENG)

Revised Condition H.1:

Landscaping and buffering along the east property line shall be upgraded to include:

a. A minimum twenty (20) foot wide landscape buffer strip along the north 200 feet of the east property line, no width reduction of the buffer shall be permitted. ~~except in area where the proposed six (6) parking spaces are located~~ A minimum ten (10) foot wide landscape buffer strip along the south 300 feet of the east property line;

b. A minimum two (2) foot high continuous berm measured from top of curb shall be installed along the north 200 feet of the east property line. ~~except in area where the proposed six (6) parking spaces are located;~~

c. One (1) canopy tree planted every thirty (30) feet on center;

d. One (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and,

e. Twenty-four (24) inch high shrub or hedge material ~~installed on the plateau of the berm. Shrub or hedge material~~ shall be spaced no more than twenty-four (24) inches on center and maintained at a minimum height of thirty-six (36) inches. ~~A minimum forty (40)% of the shrubs shall be planted on the plateau of the berm.~~ (CO: LANDSCAPE)

Revised Condition M.1:

The ~~remaining~~ 3 acre~~s of the~~ "nursery/maintenance area" shall be used in a manner accessory only to this residential development and shall not be used for any ~~non-residential~~ or commercial activity. (DRC/ONGOING-Planning)

3.C. RECEIVE AND FILE ZONING COMMISSION RESOLUTION

3.C.13. PETITION 93-22

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-00-0001 FOR PETITION CB93-22 OF AMERIGROW RECYCLING INC., TO REVOKE ZONING COMMISSION RESOLUTIONS ZR-93-0003 AND ZR-94-0002 (CLASS B CONDITIONAL USE ALLOWING CHIPPING AND MULCHING). THE 30-ACRE PROPERTY IS LOCATED 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441) ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, IN THE AGRICULTURAL RESERVE. APPROVED 2-24-2000

Staff Recommendation: Receipt and file of Zoning Document ZR-00-0001.

3.D. STATUS REPORTS

3.D.14. PETITION 73-157

STATUS REPORT SR73-157A.3 FOR RESOLUTION R-91-243 OF PETITION 73-157(A) OF KINGS ACADEMY INC. TO APPROVE A TIME EXTENSION UNTIL FEBRUARY 5, 2002. THE 19.8-ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF CHERRY ROAD APPROXIMATELY 0.1 MILE EAST OF MILITARY TRAIL AND IS ZONED RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR A PRIVATE SCHOOL AND TO INCREASE THE SQUARE FOOTAGE. APPROVED 2-24-2000

Original Petitioner: Kings Academy Inc.

Staff Recommendation: Approval of the time extension to February 5, 2002.

3.D.15. PETITION 80-211

STATUS REPORT SR80-211B.7 FOR RESOLUTION R-90-51 OF PETITION 80-211(B) OF JOYCE A. KJELLGREN TO APPROVE A TIME EXTENSION UNTIL JANUARY 2, 2002. THE 1.3-ACRE PROPERTY IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL APPROXIMATELY 0.2 MILE SOUTH OF MELALEUCA LANE AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT A WHOLESALE BAKERY. APPROVED 2-24-2000

Original Petitioner: Military Trail Bakery Center.

Staff Recommendation: Approval of the time extension to January 2, 2002.

3.D.16. PETITION 85-113

STATUS REPORT SR85-113B.4 FOR RESOLUTION R-94-12 OF PETITION 85-113(B) OF FRANCALBY CORPORATION TO APPROVE A TIME EXTENSION UNTIL JANUARY 3, 2001. THE 1.5-ACRE PROPERTY (4.33-ACRE PARENT TRACT) IS LOCATED AT THE NORTHEAST CORNER OF HYPOLUXO ROAD AND HIGH RIDGE ROAD AND IS ZONED CC-COMMUNITY COMMERCIAL WITH A CONDITIONAL OVERLAY ZONE. APPROVED 2-24-2000

Original Petitioner: William Cleve and Daphne Cleve.

Staff Recommendation: Approval of the time extension to January 3, 2001.

3.D.17. PETITION 86-62

STATUS REPORT SR86-62B FOR RESOLUTION R-97-8 OF PETITION 86-62(B) OF M. TRAIL, INC., TO APPROVE A TIME EXTENSION UNTIL JANUARY 6, 2002. THE 3.94-ACRE PROPERTY IS LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 0.25 MILE SOUTH OF CRESTHAVEN BOULEVARD AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION FOR A PLANNED COMMERCIAL DEVELOPMENT AND A DEVELOPMENT ORDER AMENDMENT FOR A SELF-STORAGE FACILITY AND VEHICLE RENTAL AS REQUESTED USES. APPROVED 2-24-2000

Original Petitioner: M. Trail, Inc.

Staff Recommendation: Approval of the time extension to January 6, 2002.

3.D.18. PETITION 89-2

STATUS REPORT SR89-2.6 FOR RESOLUTIONS R-89-2223 AND R-89-2224 OF PETITION 89-2 OF HARRY W. HERSEY TO APPROVE A TIME EXTENSION UNTIL DECEMBER 12, 2001. THE 2.2-ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF LAKE WORTH ROAD APPROXIMATELY 500 FEET EAST OF DAVIS ROAD, BOUNDED ON THE NORTH BY 2ND AVENUE NORTH, AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT A PLANNED COMMERCIAL DEVELOPMENT, INCLUDING AN OFFICE-WAREHOUSE COMBINATION. APPROVED 2-24-2000

Original Petitioner: Alcide King, Kyle Foreman, Walter Luzenko, and Harry Hersey.

Staff Recommendation: Approval of the time extension to December 12, 2001.

3.D.19. PETITION 91-46

STATUS REPORT SR91-46.5 FOR RESOLUTIONS R-92-61 AND R-92-62 OF PETITION 91-46 OF FRANK RAINER TO APPROVE A TIME EXTENSION UNTIL JANUARY 7, 2001. THE 5.0-ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF HYPOLUXO ROAD APPROXIMATELY 0.1 MILE WEST OF MILITARY TRAIL AND IS ZONED CC-COMMUNITY COMMERCIAL WITH A SPECIAL EXCEPTION FOR A PLANNED COMMERCIAL DEVELOPMENT. APPROVED 2-24-2000

Original Petitioner: Gary Kresser.

Staff Recommendation: Approval of the time extension to January 7, 2001.

3.D.20. PETITION 94-68

STATUS REPORT SR94-68 FOR RESOLUTION R-95-5 OF PETITION 94-68 OF LAURA K. MOUNT TO APPROVE A TIME EXTENSION UNTIL JANUARY 6, 2000. THE 3.8-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF LAKE WORTH ROAD AND ENGLE ROAD, APPROXIMATELY 0.1 MILE EAST OF CONGRESS AVENUE, AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO ALLOW A CLASS A CONDITIONAL USE ALLOWING A SELF-STORAGE FACILITY. APPROVED 2-24-2000

Original Petitioner: Laura Mount.

Staff Recommendation: Approval of the time extension until January 6, 2000.

3.D.21. PETITION 95-81

STATUS REPORT SR95-81.2 FOR RESOLUTION R-96-1 OF PETITION 95-81 TIDAL WAVE INVESTMENT CORPORATION, INC., FOR A TIME EXTENSION UNTIL JANUARY 5, 2001. THE 1.0-ACRE PROPERTY IS LOCATED ON THE EAST SIDE OF TALL PINES ROAD APPROXIMATELY 0.25 MILE NORTH OF SOUTHERN BOULEVARD AND IS ZONED IL-LIGHT INDUSTRIAL. APPROVED 2-24-2000

Original Petitioner: Kip Affron and Michelle Affron.

Staff Recommendation: Approval of the time extension to January 5, 2001.

3.D.22. PETITION 96-89

STATUS REPORT SR96-89 FOR RESOLUTION R-97-15 OF PETITION 96-89 OF STANLEY T. VORSTEG II ET AL. AND STANLEY T. VORSTEG II, TR. HLDR., FOR A TIME EXTENSION UNTIL JANUARY 6, 2002. THE 10.0-ACRE PROPERTY IS LOCATED ON THE WEST SIDE OF FOLSOM ROAD APPROXIMATELY 500 FEET SOUTH OF OKEECHOBEE BOULEVARD AND IS ZONED AR-AGRICULTURAL RESIDENTIAL WITH A CLASS A CONDITIONAL USE TO ALLOW A COMMERCIAL COMMUNICATION TOWER (150 FEET). APPROVED 2-24-2000

Original Petitioner: Sprint Spectrum L.P.

Staff Recommendation: Approval of the time extension to January 6, 2002.

3.D.23. See Pages 4 and 5.

3.D.24. PETITION 80-167

STATUS REPORT CR80-167B/B6 FOR RESOLUTION R-95-1735 OF PETITION 80-167(B) OF WEST PALM BEACH FLA CPDC, LTD., FOR A TIME EXTENSION UNTIL DECEMBER 31, 2000, FOR CONDITION B.6. THE 17.0-ACRE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF MILITARY TRAIL AND SUMMIT BOULEVARD AND IS ZONED CG-GENERAL COMMERCIAL WITH A DEVELOPMENT ORDER AMENDMENT TO INCREASE SQUARE FOOTAGE (5,000 SF) IN AN EXISTING SHOPPING CENTER. APPROVED 2-24-2000

Original Petitioner: Commercial Properties Development Corporation.

Staff Recommendation: Approval of the time extension to December 31, 2000.

3.D.25. RESOLUTION R-2000-0258

RESOLUTION FOR STATUS REPORT CR98-80/E4 FOR RESOLUTION R-99-1142 OF PETITION 98-80 OF STEVEN B. GREENFIELD, TRUSTEE OF SABRA LAND TRUST, TO AMEND CONDITIONS OF APPROVAL (SURETY). THE 19.96-ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF LOX ROAD 6 MILES WEST OF STATE ROAD 7 (U.S. 441) AND IS ZONED SA-SPECIAL AGRICULTURE WITH A CONDITIONAL USE A TO ALLOW CHIPPING, MULCHING, AND POTTING SOIL MANUFACTURING. (AMENDS R-99-1142) ADOPTED AS AMENDED 2-24-2000

Original Petitioner: Steven Greenfield, Trustee.

Staff Recommendation: Amendment of conditions of approval (surety) and adoption of a resolution affirming that action as follows:

1. All previous conditions of approval contained in Resolution R-99-1142 continue to apply unless expressly modified herein.

2. Condition number E.4. of Resolution R-99-1142 which currently states:

Acceptable surety required for the offsite road improvements as outlined in the Condition above shall be posted with the Office of the Land Development Division on or before December 27, 1999. Surety in the amount of 110% shall be based upon a Certified Cost Estimate provided by the Developer's Engineer. (TPS) (DATE: MONITORING-Eng)

Is hereby amended as follows:

The property owner shall provide acceptable surety required to fund 4% of the total cost of the construction of dual left turn lanes south approach at the intersection of SR 7 and Oriole Country Road. This surety shall be posted with the Office of the Land Development Division on or before September 1, 2000. Surety in the amount of $ is based upon a Certified Cost Estimate provided by the Developer's Engineer of Zoning Petition 98-79, and approved by the County Engineer. Note: The remaining 96% of the cost of these turn lanes is provided by the property owner of Zoning Petition 98-79 which has the same condition of approval. (TPS) (DATE:MONITORING-Eng)

Engineering Assistant Jim Choban informed the Board of the following condition modification:

Revised Condition E.4:

....Surety in the amount of $13,688 (which represents four [4] percent of the total cost provided by the developer's engineer) is based upon a Certified Cost Estimate provided by the Developer's Engineer of Zoning Petition 98-79, and approved by the County Engineer....

3.E. PREVIOUSLY APPROVED CORRECTIVE RESOLUTION

3.E.26. RESOLUTION R-2000-0259

RESOLUTION FOR PETITION DOA80-103(I) (SANDALFOOT PLAZA-GOODYEAR) OF FOUR FLORIDA SHOPPING CENTERS PROPERTIES TO CORRECT ENGINEERING CONDITIONS E.13.A, E.13.B, AND E.13.C OF RESOLUTION R-99-699 FOR THE 35.0-ACRE PROPERTY LOCATED APPROXIMATELY 400 FEET SOUTH OF STATE ROAD 7 (U.S. 441) AND SOUTHWEST 14TH STREET. (AMENDS R-99-699) ADOPTED WITH AMENDED CONDITIONS 2-24-2000

Staff Recommendation: Amendment of Conditions E.13.A, E.13.B, and E.13.C and adoption of a resolution affirming that action as follows:

Conditions E.13.A, E.13.B, and E.13.C:

A. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of ~~Australian Avenue Road Right-of-Ways~~ State Road 7. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards. The property owner shall also be responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

B. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to the issuance of a certificate of occupancy. If Certificates of Occupancy are requested prior to the final construction of the Australian Avenue Flyover then appropriate surety shall be posted for the landscape planting acceptable to the County Engineer. Landscape plantings shall then be ~~completed within 90 notice to the property owner that the construction of the Australian Avenue flyover is completed.~~ Landscape plantings shall then be completed prior to the issuance of a certificate of occupancy for the additional 5200 square foot General Repair and Maintenance facility. (CO:MONITORING - Eng)

C. Declaration of Covenants and Restriction Documents evidencing this obligation shall be established or amended as required and shall be approved and recorded prior to the issuance of a building permit for the 5200 square foot General Repair and Maintenance facility. (BLDG PERMIT: MONITORING - Eng)

3.F. CORRECTIVE RESOLUTIONS

3.F.27. RESOLUTION R-2000-0260

RESOLUTION FOR PETITION CA96-102 (LEE BROTHERS DAYCARE CENTER) OF LEE BROTHERS TO CORRECT CONDITION I.3 OF RESOLUTION R-97-261 FOR THE 4.6-ACRE PROPERTY LOCATED APPROXIMATELY 1.0 MILE EAST OF JOG ROAD ON THE NORTH SIDE OF LANTANA ROAD. (AMENDS R-97-261) ADOPTED WITH AMENDED CONDITIONS 2-24-2000

Staff Recommendation: Amendment of Condition I.3 and adoption of a resolution affirming that action as follows:

All outdoor lighting fixtures shall be setback a minimum thirty-five (35) feet from the north, and east ~~and west~~ property lines. (CO: BLDG - Zoning)

3.F.28. RESOLUTION R-2000-0261

RESOLUTION FOR PETITION CA96-103 (IGLESIA HIPANA BIBLICA BAUTISTA) OF LEE BROTHERS TO CORRECT CONDITION I.3 OF RESOLUTION R-97-262 FOR THE 29.46-ACRE PROPERTY LOCATED SOUTH OF LAKE WORTH ROAD ON THE WEST SIDE OF LYONS ROAD. (AMENDS R-97-262) ADOPTED WITH AMENDED CONDITIONS 2-24-2000

Staff Recommendation: Amendment of Condition I.3 and adoption of a resolution affirming that action as follows:

All outdoor lighting fixtures shall be setback a minimum thirty-five (35) feet from the north, ~~east~~ and west property lines. (CO: BLDG - Zoning)

3.G. ABANDONMENT RESOLUTION

3.G.29. RESOLUTION R-2000-0262

RESOLUTION FOR PETITION 83-127 OF RAYMOND REAVES AND FANNY EVA REAVES TO ABANDON THE SPECIAL EXCEPTION GRANTED BY RESOLUTION R-84-169 TO ALLOW CITRUS PROCESSING ON PROPERTY (SIZE NOT AVAILABLE) LOCATED IN SECTION 36, TOWNSHIP 44, RANGE 41. (REVOKES R-84-169) ADOPTED 2-24-2000

Staff Recommendation: Abandonment of the special exception and adoption of a resolution affirming that action.

MOTION to approve the Consent Agenda as amended and adopt resolutions affirming the applicable actions. Motion by Commissioner Roberts and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent,

***** THIS CONCLUDES THE CONSENT AGENDA *****

4. REGULAR AGENDA

4.A. ITEMS PULLED FROM CONSENT AGENDA - None

4.B. PREVIOUSLY POSTPONED ZONING PETITION

4.B.30. RESOLUTION R-2000-0263

RESOLUTION FOR PETITION DOA83-153(C) (VICTORIA WOODS PLANNED UNIT DEVELOPMENT [PUD]) OF CORONA LAND DEVELOPMENT INC., BY JULIAN BRYAN, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE MASTER PLAN AND REDESIGNATE HOUSING CLASSIFICATIONS ON 63.38 ACRES OF THE 164.62-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE EAST OF JOG ROAD ON THE SOUTH SIDE OF SUMMIT BOULEVARD. (AMENDS R-84-350, R-87-1177, AND R-89-1237) (P.O.P. 638370 AND 638371 OF 1-27-2000) ADOPTED WITH CONDITIONS AS AMENDED 2-24-2000

Staff Recommendation: Approval of the development order amendment and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Condition 1 of Resolution 89-1237, Petition 83-153(B) which currently states:

All previous conditions of approval shall apply.

AND

Condition 1 of Resolution R-87-1177, Petition 83-153(A) which currently states:

The developer shall comply with all previous conditions of approval unless expressly modified herein.

Are hereby amended to read:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-84-350 (Petition 83-153), R-87-1177 (Petition 83-153 (A)), and R-89-1237 (Petition 83-153(B)) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING - Zoning)

2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The conceptual site plan is dated November 18, 1999 and the approved preliminary development plan is dated December 1, 1999 . All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

1. Diversity of architectural elevation and exterior color scheme shall be required for the zero-lot line units within Phase IIIB by complying with the following:

a. No identical homes shall be placed next to one another (i.e. same elevation with same exterior color scheme); and,

b. No more than three (3) homes with the same elevation shall be placed next to each other; and,

c. No more than three (3) homes with the same exterior color scheme may be placed next to each other.

2. The proposed residential buildings within Phases IIIB and IV within the affected areas of this petition, 83-153(C), shall be designed and constructed to be similar to the facade elevations contained in the five (5) Welcome Home single-family models and four (4) townhouse models submitted by Continental Homes of Florida, Inc. dated November 5, 1999. Modifications to the architectural treatments may be permitted provided all of the following are met:

a. The architectural treatments are equal to or an upgrade in aesthetic and performance above the original architectural treatment;

b. The architectural treatments are complementary to the existing residences;

c. The architectural treatments are approved by the Zoning Review Section of the Zoning Division. (BLDG PERMIT: BLDG - Zoning)

C. BUILDING AND SITE DESIGN

1. Prior to certification, the proposed Master Plan shall be amended to reflect the following:

a) description of the recreation amenities to be provided for this development.

b) a six-foot high solid cypress concrete-anchored fence along the entire west property line except for segments for which the owners of adjoining properties have submitted a written objection to such fence. [Not applicable to current petition, 83-153(C)]

c) single family development only, along the entire South boundary of the site. (Previously Condition 9 as amended by Resolution R-87-1177, Petition 83-153(A)) (DRC: ZONING - Parks)

2. The developer shall acknowledge the existence of the agricultural uses located to the West in all sales literature contracts. (Previously Condition 10 of Resolution R-84-0350, Petition 83-153) (ONGOING: CODE ENF - Zoning)

3. The developer shall be bound to the approved master plan with no residential development permitted in open space tracts. The petitioner may be permitted minor changes as permitted by Section 402.7 of the Zoning Code. (Previously Condition 5 of Resolution 89-1237, Petition 83-153(B)) (DRC: ZONING)

D. ENVIRONMENTAL RESOURCES MANAGEMENT

1. A site plan, including a planting plan and section, showing the designation of a Littoral Zone surrounding the Water Management Tracts shall be submitted for approval to Environmental Resource Management and Palm Beach County Engineering prior to site plan certification. (Previously Condition 4 of Resolution 89-1237, Petition 83-153(B)) (DRC: ERM/ENG)

2. An Exotic Vegetation Removal Plan for the PUD shall be submitted to Environmental Resources Management for review and approval prior to DRC Master Plan certification. (DRC: ERM)

E. ENGINEERING

1. Condition 1 of Resolution R-84-0350, Petition 83-153 which currently states:

This development shall retain onsite the first one inch of the stormwater runoff per Palm Beach County Subdivision and Platting Ordinance 73-4, as amended.

Is hereby deleted. [REASON: code requirement]

2. The developer shall construct on Summit Boulevard at the project's entrance concurrent with the first plat:

a) Left turn lane, east approach.

b) Right turn lane, west approach. (Previously Condition 2 of Resolution R-84-0350, Petition 83-153) (PLAT: ENG) [Completed]

3. The developer shall install signalization at the intersection of Summit Boulevard and the project's entrance road when warranted as determined by the County Engineer, however in no event later than five years after the issuance of the final Certificate of Occupancy. If signalization is not required prior to the issuance of the 700th Building permit; the developer shall post a bond to cover the cost of signalization. (Previously Condition 3 of Resolution R-84-0350, Petition 83-153) (ONGOING/DATE/BLDG PERMIT: MONITORING - Eng)

4. Under the provisions of Ordinance 81-6 this project has been reviewed as Category "B". The developer must construct roadway improvements to offset the project's impact at the intersection of Southern Boulevard & Haverhill Road. Based upon the amount of traffic generated by this development the developer shall contribute Four Hundred Thousand Dollars ($400,000.00), (at the rate of $500.00 per dwelling unit), in order to complete Palm Beach County's Haverhill Road Bridge program. [Completed]

This project shall be limited to 238 dwelling units until a contract has been let for the Haverhill Road Bridge over the Palm B each Canal. Palm Beach County shall fund the remainder of the cost necessary to complete this project to limit the exposure of this developer to Four Hundred Thousand Dollars ($400,000.00). This money shall be made available by the developer within 3 years of Special Exception approval. [This portion may be deleted since bridge is already widened]

Palm Beach County shall enter into a formal contract with the developer prior to the issuance of the Building Permit, or within 12 months of Special Exception approval, whichever shall first occur in order to guarantee construction of this bridge. (Previously Condition 4 of Resolution R-84-0350, Petition 83-153) (DATE/BLDG PERMIT: MONITORING - Eng)

5. Condition 5 of Resolution R-84-0350, Petition 83-153, which currently states:

Credit shall be applied toward the "Fair Share" fee for this development based upon the bridge construction as outlined in Condition #4 above.

Should the developer seek to obtain building permits prior to the letting of a contract for the Haverhill Road Bridge, the developer shall post surety in the amount of $200.00 per dwelling unit. These monies or surety shall then be returned to the developer after completion of the bridge construction, as outlined in Condition #4 above.

Is hereby deleted. [REASON: code requirement]

6. The property owner shall provide Palm Beach County a road drainage easement within the project's internal drainage system which is adjacent to the property capable of accommodating all runoff from those segments of Summit Boulevard along the property frontage and for a maximum 400 foot distance each side of the property boundary lines along Summit Boulevard. The drainage system within the project shall have sufficient retention/detention capacity to meet the storm water discharge requirements of the applicable County Control District and South Florida Water Management District. The design of the system shall assume the ultimate Thoroughfare Plan Section road drainage runoff. (Previously Condition 3 of Resolution R-87-1177, Petition 83-153(A)) (ENG)

F. LANDSCAPING - STANDARD

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

a. Tree height: Twelve (12) feet

b. Trunk diameter: 2.5 inches measured 3 feet above grade;

d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning)

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

a. Palm heights: Twelve (12) feet clear trunk;

b. Clusters: Staggered heights twelve (12) to eighteen (18) feet; and,

c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO: LANDSCAPE - Zoning)

3. A group of three (3) or more palm or pine trees may not supersede the requirement for perimeter canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

All internal PUD buffers between pods shall be approved by the Development Review Committee (DRC) in accordance with the ULDC, unless otherwise stated herein. (DRC: ZONING)

5. Prior to final certification of the revised Preliminary Development Plan (PDP) for the affected area of petition, 83-153(C), a tree survey meeting requirements of the ULDC shall be submitted for the first fifteen (15) feet of the boundaries of the proposed unplatted preservation areas and the entire proposed developable areas within Phase IIIB. This survey shall be used for supplemental plantings within the required perimeter, internal right-of-way and incompatible buffers, or maximum tree preservation within the developable areas of Phase IIIB. (DRC: ZONING - ERM)

G. LANDSCAPING WITHIN THE LIMITS OF PETITION 83-153(C)

1. In addition to the ULDC landscape buffer location, width, and planting requirements, the affected areas of Petition, 83-153(C), shall be upgraded to include:

a. Relocated or new canopy trees shall be installed to supplement the existing native vegetation within the gaps or openings of the first fifteen (15) foot width of the preserved area boundaries. Gaps or openings between trees or palms shall not exceed thirty (30) feet. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the required canopy trees in that location within the preserved areas; and,

b. Minimum thirty (30) inch high shrub or hedge material shall be installed in the required locations. The spacing and minimum maintenance height of the shrub or hedge material shall be pursuant to the ULDC. (CO: LANDSCAPE)

H. LAKE WORTH DRAINAGE DISTRICT

1. The property owner shall convey, either by easement or deed, to the Lake Worth Drainage District, the North 70 feet of the Northwest Quarter (NW 1/4) of Section 11-44/42 for Lateral Canal No. 6 and the South 45 feet of the Northwest Quarter (NW 1/4) if said Section 11 for Lateral Canal No. 7 and the West 20 feet of the East 60 feet of the Northwest Quarter (NW 1/4) of said Sec. 11 for Equalizing Canal No. 3. (Previously Condition 8 of Resolution R-84-0350, Petition 83-153) (PLAT: ENG - LWDD) [Completed]

I. HEALTH

1. Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site. (Previously Condition 2 of Resolution 89-1237, Petition 83-153(B)) (ONGOING: HEALTH)

2. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (Previously Condition 3 of Resolution 89-1237, Petition 83-153(B)) (ONGOING: HEALTH)

3. The developer shall take reasonable precautions during the development of this project to insure that fugitive particulates (dust particles) from this project do not become a nuisance to neighboring properties. (Previously Condition 6 of Resolution R-84-0350, Petition 83-153) (ONGOING: CODE ENF)

4. The developer shall take necessary measures during the development of this property to prevent pollutant runoff to neighboring and nearby surface waters. (Previously Condition 7 of Resolution R-84-0350, Petition 83-153) (ONGOING: CODE ENF)

J. MASS TRANSIT

1.A. Prior to final certification of the preliminary development plan or site plan by the Development Review Committee, whichever occurs first, the petitioner shall amend the plan to indicate one or more of the following: mass transit access, mass transit shelter(s) and/or a bus stop(s) on or adjacent to the subject property, if required by the Palm Beach County School Board and/or the County Engineer. (DRC: ZONING)

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of a building permit for the 85th unit within Phases IIIB and IV. The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (BLDG PERMIT: MONITORING - Eng)

K. PLANNED UNIT DEVELOPMENT

1. Decorative street lights shall be provided pursuant to Section 6.8.A.23.c(1) of the ULDC, subject to approval by the County or City Engineer. (CO: BLDG - Eng)

2. Street trees shall be provided as follow:

a. Along one side of all internal PUD right-of-ways forty (40) feet in width or greater;

b. Along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and,

c. At one canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters.

Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the County Engineer, if required, shall be used. (CO: LANDSCAPE - Zoning)

4. Additional guest and overflow parking spaces shall be provided at a ratio of one (1) per every ten (10) units within the townhouse pod(s) within Phase IIIB. These spaces shall be uniformly distributed within the each pod and be located within 200', measured by the path of travel, of the units which they will be serving. No more than thirty (30) percent of the additional parking spaces may be located within the recreation parcels. (DRC/CO: ZONING/BLDG)

5. Recreation uses provided in accordance with Section 6.8.B.4.A.(6)(b)(i) of the ULDC shall be located on a minimum of 0.1 acre and shall be located within Phase IIIB consistent with the conceptual site plan dated November 18, 1999. Such recreation uses shall have a direct connection to the pedestrian system within the project and include a tot lot, gazebo, fitness station, rest station, or similar recreation amenity subject to approval of the Zoning Division. These recreation areas shall not be used towards the Parks and Recreation Department's minimum recreation requirement or be located within land areas designated for drainage, stormwater management or other utility purposes. (DRC/PLAT: ZONING)

6. Flexible Regulations and Administrative Deviations from the required property development regulations for the residential units and their accessory structures shall be limited to the following:

Property Development Regulations	Administrative Deviation or Flexible Regulations	Phase IIIB^*
Lot Width/Frontage (Interior ZLL lots only)	40' minimum	x
Minimum Lot Size (ZLL units only)	4,050 s.f. minimum	x

* Pavers shall be provided for the driveways of all units

7. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to show a focal point at the terminus of internal roadway, access tract, residential street (including T-intersections), or cul-de-sac as shown on the conceptual site plan dated November 18, 1999. This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain, arcade, accent landscaping with lighting, or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING)

8. No rear, side interior or side street setback reductions may be permitted excluding lots adjacent to lake tracts or open space as permitted by the ULDC. (DRC: ZONING)

9. Drainage easements shall not be permitted along the width and within the rear yards of the back-to-back units within the affected areas of this petition (83-153(C)). (DRC: ZONING)

10. All zero-lot line lots (units) which side yard abuts the rear yard of two (2) or more lots (units) shall be restricted to one (1) story in height. (DRC: ZONING)

11. All structures within the lots along the west property line of Phase IV within the affected areas of this petition, 83-153(C), will be restricted to a one-story height limitation or a twenty-five foot setback from the PUD west property line. (DRC/BLDG PERMIT: ZONING - BLDG)

12. Prior to April 24, 2000 or final Development Review Committee (DRC) approval of the preliminary development plan for this petition, 83-153(C), whichever comes first, the following shall be repaired and/or replaced to be in compliance with all applicable codes:

a. The existing fence along the PUD west property line; and,

b. The recreational amenities and parking areas within the 5.6 acre Recreation Pod such as, but not limited to, the swimming pool fencing and gates, pool, playground equipment, light poles, dumpster enclosure, basketball hoop, restroom facilities, tennis net, and concrete wheelstops. (DATE/DRC: MONITORING - BLDG - Zoning/ZONING)

L. SCHOOL BOARD

1. The subject development shall post a notice of annual boundary school assignments for students from this development. The District will provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and models.

"NOTICE TO HOME BUYERS/TENANTS"

"School age children may not be assigned to the public school closest to their residents. School Board policies regarding overcrowding, racial balance or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for the most current school assignment(s)." (ONGOING: SCHOOL BOARD)

M. COMPLIANCE

2. Condition 6 of Resolution 89-1237, Petition 83-153(B) which currently states:

Failure to comply with any conditions of approval may result in the denial or revocation of a building permit; the issuance of a stop work order; the denial of a Certificate of Occupancy on any building or structure; or the denial or revocation of any permit or approval for any developer-owner, commercial-owner, lessee, or user of the subject property. Appeals from such action may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Palm Beach County Zoning Code.

Is hereby amended to read:

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

b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Senior Planner Thuy Shutt made the following points in her presentation:

The petitioner had requested the postponement on January 27, 2000, in order to resolve issues concerning Phase IV landscaping, existing recreation facilities and common areas, and drainage for Summit Boulevard.

The petitioner had indicated that issues of concern with the adjacent property owner to the west had been resolved. Accordingly, staff recommended the following modification to Condition K.11:

All residential structures within the lots along the west property line of Phase IV within the affected areas of this petition, 83-153(C), will be restricted to a one-story height limitation or a twenty-five foot setback from the PUD west property line. Accessory screen enclosures may be permitted with the setback of ten (10) feet from the property line. (DRC/BLDG PERMIT: ZONING - BLDG)

(CLERK'S NOTE: In the final resolution, a slight change was made to the preceding condition: "....permitted ~~with the~~ a setback of ten (10) feet from the west PUD property line.")

Current residents were concerned that some shared amenities be repaired or replaced in the existing recreation facilities and common area. Consequently, staff recommended the following revision to Paragraph 12 of Condition K.12:

Prior to April 24, 2000 or final Development Review Committee (DRC) approval of the preliminary development plan for this petition, 83-153(C), whichever comes first, the following shall be repaired and/or replaced to be in compliance with all applicable codes. No administrative time extension may be permitted:

The petitioner had resolved the issue outstanding in Condition E.6 with the Engineering staff.

Engineering Assistant Choban said that Condition E.6 would be deleted.

Deleted Condition E.6:

Previously Condition 3 of Resolution R-87-1177, Petition 83-153(A), which currently states:

The property owner shall provide Palm Beach County a road drainage easement within the project's internal drainage system which is adjacent to the property capable of accommodating all runoff from those segments of Summit Boulevard along the property frontage and for a maximum 400 foot distance each side of the property boundary lines along Summit Boulevard. The drainage system within the project shall have sufficient retention/detention capacity to meet the storm water discharge requirements of the applicable County Control District and South Florida Water Management District. The design of the system shall assume the ultimate Thoroughfare Plan Section road drainage runoff. ~~(Previously Condition 3 of Resolution R-87-1177, Petition 83-153(A))~~ (ENG)

Is hereby deleted.

Julian Bryan, agent, agreed to the conditions with the following clarification, namely, that the street lights referred to in Condition K.1 and the street trees referred to in Condition K.2 applied to the affected area, not the entire community. Staff agreed to revise the conditions accordingly, and the following modifications appeared in the final resolution:

Revised Condition K.1:

Decorative street lights shall be provided only within the affected area of petition 83-153(C) pursuant to Section 6.8.A.23.c(1) of the ULDC, and shall be subject to approval by the County or City Engineer. (CO: BLDG - Eng)

Revised Paragraph 2 of Condition K.2:

Street trees within the affected area of petition 83-153(C) shall be provided as follow:

At this point, the Board made their disclosures.

PUBLIC COMMENT:

Robert Canterbury expressed support for the petition. His question concerning the affected area of exotic vegetation removal led to discussion and a condition modification. (See revised Condition D.2 below.)

Craig Nugent detailed his concerns about the petition absorbing a 15-foot preserve area and drainage behind his home. In the extensive discussion that followed, Mr. Nugent was informed that Phase IV was approved in 1988 without a preserve area behind his property. Further, drainage would be accommodated by a 7.5-foot drainage easement on the property to the south abutting his rear lot line. Commissioner Newell asked Land Development Director Rogers to meet with Mr. Nugent following the meeting and examine his survey showing the presence of a preserve area and to determine why a 7.5-foot drainage easement was being specified when the minimum requirement was 12 feet.

MOTION to adopt a resolution for Petition DOA83-153(C), subject to the conditions as amended. Motion by Commissioner Marcus and seconded by Commissioner Newell.

At this point, Assistant County Attorney Alterman clarified Condition D.2, which is shown in the final resolution as follows:

Revised Condition D.2:

An Exotic Vegetation Removal Plan for the entire PUD, excluding existing presently owned lots, shall be submitted to Environmental Resources Management for review and approval prior to DRC Master Plan certification. (DRC: ERM)

UPON CALL FOR A VOTE, the motion carried 5-0. Commissioners McCarty and Masilotti absent.

(CLERK'S NOTE: The following condition modifications were also made

in the final resolution:)

Revised Condition K.8:

No rear, side interior or side street setback reductions may be permitted excluding lots adjacent to lake tracts or open space as permitted by the ULDC. (DRC: ZONING) [Affected area of Petition 83-153(C) only]

Revised Condition K.9:

Drainage easements shall not be permitted along the width and within the rear yards of the back-to-back units within the affected areas of this petition (83-153(C)). (DRC: ZONING) [Affected area of Petition 83-153(C) only]

5. DIRECTOR COMMENTS

5.A. ZONING DIRECTOR - None

5.B. PLANNING DIRECTOR - None

5.C. COUNTY ENGINEER

5.C.31. ADMINISTRATIVE INQUIRY AI-2000-01

ADMINISTRATIVE INQUIRY CONCERNING BEAUTIFICATION OF CONCRETE MEDIAN SEPARATORS. DISCUSSED WITH DIRECTION 2-24-2000

Land Development Director Rogers stated that the Board had directed staff to require concrete median beautification of petitions under Board consideration and later directed the exemption of certain institutional uses, such as churches and day care centers. He said that no direction had been given, however, on how to address the three or four churches and day care centers that had been previously approved with a concrete median beautification condition, and he asked if it was the Board's intent to give direction not to enforce that condition.

(CLERK'S NOTE: Commissioner Masilotti joined the meeting.)

Commissioner Aaronson said his intent and, he believed, the intent of the Board was that such petitioners who had already agreed to the condition would also be exempt if they had not started median construction. Commissioners Roberts and Masilotti agreed.

Ms. Roberts initiated discussion about concrete median beautification of Okeechobee Boulevard between State Road 7 (U.S. 441) and Haverhill Road, parts of which were in her district, parts in Mr. Masilotti's district, and parts in the City of West Palm Beach. Mr. Masilotti said the city had approved three large developments between State Road 7 and the Florida Turnpike and had not required them to undertake median beautification. Ms. Roberts objected to taxpayers in the unincorporated area bearing the cost of beautifying incorporated traffic medians and asked the County Attorney to look into whether the County could legally require such beautification of the city.

Commissioner Newell suggested instead that the Chair write a letter to Mayor Joel Daves asking that West Palm Beach join the other municipalities in median beautification. Commissioner Aaronson suggested that a copy of the letter be sent to the League of Cities and, further, that the issue be made a priority in the workshop with West Palm Beach and the School Board.

PUBLIC COMMENT:

Michael Weiner, agent for Get Ready, Set, Grow, supported exempting the approved institutional uses from the concrete median beautification requirement.

MOTION to exempt the previously approved institutional uses from having to comply with the concrete separator beautification condition. Motion by Commissioner Aaronson, seconded by Commissioner Newell, and carried 6-0. Commissioner McCarty absent.

6. COMMISSION COMMENTS - None

7. ADJOURNMENT

The Chair declared the meeting adjourned at 10:36 p.m.

ATTESTED: APPROVED:

Clerk Chair