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 March 23, 2000, at 9:35 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
Commissioner Burt Aaronson
Commissioner Mary McCarty - Arrived later
Commissioner Karen T. Marcus - Arrived later
Commissioner Tony Masilotti
Commissioner Carol A. Roberts
Assistant County Attorney Barbara Alterman
Deputy Clerk Joan Haverly

1.B.1. PRAYER - Commissioner Aaronson

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 March 23, 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 3-23-2000

MOTION to receive and file Proofs of Publication 657845, 693538, 693539, 693574, and 700900. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-0. Commissioners McCarty and Marcus absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 595137 [10-28-99] and 652501 [2-24-2000]. 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 Masilotti, and carried 5-0. Commissioners McCarty and Marcus absent.

1.F.1. AMENDMENTS TO THE AGENDA

Page Item Petition/Change

5 3.B.9. Petition Z99-85 (District Park E):

Amendment to conditions.

7 3.E.18. Status Report 96-72 for Petition 96-72 (Zank Rezoning):

Amendment to motion.

10 4.C.25. Petition PDD99-47 (Diamond Shamrock PUD):

Amendment to conditions.

11 5.C.29. Administrative Inquiry 2000-02 for Petition PDD95-19 (Jones PUD, aka Cascades):

Added to Agenda; but see Page 59 (Item 5.A.27.-1.).

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

I.H. UNSCHEDULED ITEMS - None

POSTPONEMENTS AND WITHDRAWALS - See Pages 2-4.
CONSENT AGENDA - See Pages 5-18.

Items Pulled from Consent Agenda - None

4. REGULAR AGENDA - See Pages 18-58.

5. DIRECTOR COMMENTS

ZONING DIRECTOR COMMENTS - See Page 59.

PLANNING DIRECTOR COMMENTS - See Pages 59-68.

COUNTY ENGINEER COMMENTS - None

6. COMMISSION COMMENTS - See Page 68.

7. ADJOURNMENT - See Page 68.

*****

2. POSTPONEMENTS AND WITHDRAWALS

(CLERK'S NOTE: Postponements and withdrawals were considered together.)

2.A. POSTPONEMENTS

2.A.1. PETITION 99-11

PETITION Z/CB99-11 OF EVERGLADES FARM EQUIPMENT, BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) 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 [2-24-2000]) POSTPONED TO APRIL 27, 2000 -- 3-23-3000

Staff Recommendation: Postponement until April 27, 2000.

2.A.2. 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 TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT WITH A TYPE 3 CLF-CONGREGATE LIVING FACILITY 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 [2-24-2000]) POSTPONED TO APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Postponement until April 27, 2000.

2.A.3. PETITION 99-18

PETITION PDD99-18(A) (LANTERN KEY PUD) OF TOWN & COUNTRY BUILDERS, BY H. P. TOMPKINS, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 37.45-ACRE PROPERTY LOCATED APPROXIMATELY 0.2 MILE WEST OF MILITARY TRAIL ON THE NORTH SIDE OF HYPOLUXO ROAD. (P.O.P. 693574) POSTPONED TO APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Postponement until April 27, 2000. No motion required.

2.A.4. PETITION 95-83

PETITION DOA95-83(C) (LANE BOATHOUSE) OF LANE BOATHOUSE LC/WILBUR LANE AND EVA LANE, BY RON KOLINS, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS IN ZONING COMMISSION RESOLUTION ZR-96-4 FOR THE 0.22-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE SOUTH OF THE MARTIN COUNTY LINE ON THE EAST SIDE OF AIA/STATE ROAD 707. POSTPONED TO APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Postponement until April 27, 2000.

(CLERK'S NOTE: According to Zoning staff, the legal advertisement Item 2.A.4. was published on January 19, 2000. The item is a Zoning Commission issue and is on this Agenda in error.)

2.A.5. PETITION 96-105

PETITION DOA96-105(A) (ATLANTIC CENTER MULTIPLE USE PLANNED DEVELOPMENT) OF DELRAY LAND COMPANY OF IOWA INC. AND PORTALEGRE, BY LAND DESIGN SOUTH, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS IN RESOLUTION R-97-1097, ADD BUILDING SQUARE FOOTAGE, RECONFIGURE THE MASTER PLAN, AND ADD A SECOND SELF-STORAGE FACILITY AND VEHICLE RENTAL AS REQUESTED USES ON THE 9.16-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE EAST OF JOG ROAD ON THE SOUTH SIDE OF WEST ATLANTIC BOULEVARD. (P.O.P. 693538 AND 693539) POSTPONED TO MAY 25, 2000 -- 3-23-2000

Staff Recommendation: Postponement until May 25, 2000.

4.D.27. PETITION 97-12

PETITION DOA97-12(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 MAY 25, 2000 -- 3-23-2000

Staff Recommendation: Denial of the appeal and adoption of a resolution affirming that action.

(CLERK'S NOTE: Discussion of this item took place following Zoning Director William C. Whiteford's announcement of postponements and withdrawals.)

Mr. Whiteford informed the Board that the agent would speak to the possible postponement of this item.

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

Robert A. Bentz, agent for Trump International Golf Club, stated that development of a potential solution to the median landscaping issue had met with complications and requested a 60-day postponement in order to explore alternative ideas.

Mr. Whiteford said a 60-day postponement would return the item to the Board on May 25, 2000.

2.B. WITHDRAWALS

2.B.6. PETITION 98-10

STATUS REPORT CR98-10.2 FOR RESOLUTION R-98-1316 OF PETITION 98-10 (TURNER MUPD) OF RONALD C. TURNER AND JOANN TURNER FOR THE 17.9-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EL CLAIR RANCH ROAD AND BOYNTON BEACH BOULEVARD AND ZONED MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH A TYPE 3 CONGREGATE LIVING FACILITY AND MEDICAL OFFICE AS REQUESTED USES. WITHDRAWN 3-23-2000

Staff Recommendation: Withdrawal. No motion required.

2.B.7. PETITION 95-79

STATUS REPORT SR95-79 FOR RESOLUTIONS R-96-134 AND R-96-135 OF PETITION 95-79 OF CORPORATION OF PRESIDING BISHOP OF CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS/22FL. FOR THE 9.87-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ROEBUCK ROAD AND CENTRAL BOULEVARD AND ZONED RTS-RESIDENTIAL TRANSITIONAL SUBURBAN WITH A CLASS A CONDITIONAL USE TO ALLOW A CHURCH OR PLACE OF WORSHIP. WITHDRAWN 3-23-2000

Staff Recommendation: Withdrawal. No motion required.

MOTION to POSTPONE Items 2.A.1., 2.A.2., 2.A.3., 2.A.4., 2.A.5., and 4.D.27. to the dates indicated and WITHDRAW Items 2.B.6. and 2.B.7. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Marcus absent.

3. CONSENT AGENDA

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

3.B. PREVIOUSLY POSTPONED ZONING PETITIONS

3.B.8. PETITION 78-242

PETITION DOA78-242(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 (13.0-ACRE TRACT P AND 4.0-ACRE CIVIC SITE) 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 [2-24-2000] AND 700900) APPROVED DOA ON FIRST HEARING AND CONVENTION OF SECOND HEARING ON APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Approval of the development order amendment to delete land area on first hearing and convention of the second public hearing on April 27, 2000. The following conditions apply:

A. ALL PETITIONS

1. All conditions of approval contained in Resolution R-78-1595, Petition 78-242, and Resolutions R-98-1817, R-98-1818, Petition 78-242(A) , shall remain in full force and effect. (MONITORING)

B. 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)

3.B.9. PETITION 99-85

PETITION Z99-85 (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 [2-24-2000] AND 700900) APPROVED REZONING WITH VOLUNTARY COMMITMENTS, AS AMENDED, ON FIRST HEARING AND CONVENTION OF SECOND HEARING ON APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Approval of the rezoning from RE and AR to PO on first hearing and convention of the second public hearing on April 27, 2000. The following voluntary commitments apply:

A. ALL PETITIONS

1. Development of the site is limited to the park use as approved by the Board of County Commissioners. The approved conceptual site plan is dated March 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)

B. BUILDING AND SITE DESIGN

1. The minimum setback for all roofed structures shall be fifty (50) feet. (Bldg Permit: ZONING)

2. The location of any lighted soccer field will be setback a minimum of fifty (50) feet from the west property line, and a minimum of thirty (30) feet from the north property line. (BLDG PERMIT: ZONING/BLDG)

3. The Palm Beach County Parks and Recreation Department will locate the entrance of the park so as not to affect the Palmetto Park Road landscape improvement project between Loggers' Run, Inc. and the County. Specifically the entrance location and design to the best extent possible, will not require any reduction in the median landscaping, which the Logger's Run Homeowners Association plans to install on Palmetto Park Road ~~median~~, including the area beginning at the C1 canal. ~~The entrance plan will be designed and located where it will not result in any requirement to remove median landscaping to comply with FDOT Roadway and Traffic Design Standards~~ (BLDG PERMIT: ENG)

C. LIGHTING

1. All outdoor lighting used to illuminate the athletic fields shall be extinguished no later than 11:00 p.m., excluding security lighting only. (ONGOING: CODE ENF)

2. The lights installed in the parking lot adjacent to Palmetto Park Road ~~will be the same height as the Palm Beach County Parks and Recreation Department has installed in the parking areas of the aquatic~~ ~~center in South County Regional Park~~, shall be limited to an overall height of twenty (20) feet measured from finished grade to highest point. Buffering of these lights will be provided through the County's landscaping of the Palmetto Park median in front of the park property consistent with FDOT's Roadway and Traffic Design Standards. Though the Parks and Recreation Department will not be responsible for these items, the ~~The Parks and Recreation~~ Department will make its best effort to work with other County Departments to obtain funding and approval for the installation of landscaping on the south side of Palmetto Park Road to provide additional buffer for the homes in Tamarron. (BLDG PERMIT: Zoning - Parks)

D. LANDSCAPING

1. The Palm Beach County Parks and Recreation Department will maintain as much of a buffer as possible along the west and north portions of the park property. The County will, based on the tree survey, install additional landscaping to buffer the athletic fields from Logger's Run, and more specifically, Cimarron at the northwest corner of the project. ~~The Parks and~~ ~~Recreation Department has also agreed to provide off-site landscaping,upon request, on either Logger's Run common property or individual home lots within~~ ~~Cimarron in conjunction with the County's Tree Salvage program~~. (CO: BLDG - Zoning/Landscape)

E. ENGINEERING

1. LANDSCAPE WITHIN MEDIAN OF COUNTY MAINTAINED ROADWAYS

a. Prior to issuance of any building permits, the Palm Beach County Parks and Recreation Department shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Palmetto Park Road Right-of-Ways. As part of this permit process, the Parks and Recreation Department property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted, 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 Palm Beach County Parks and Recreation Department shall also be responsible for supplementing 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 by the Palm Beach County Parks and Recreation Department. All landscaping, paver block or similar materials shall be the perpetual maintenance obligation of the Palm Beach County Parks and Recreation Department. All landscape material shall be installed prior to the issuance of a certificate of occupancy. (CO: MONITORING - Eng)

2. Palm Beach County Parks Department shall work with the County Engineer during the final site plan preparation to determine if any portion of the 27 acre site may be utilized to help alleviate flooding from Palmetto Park Road ~~and the~~ ~~adjacent land area to the east to the maximum extent possible~~. If there is no area available after the final site plan has been prepared then the Parks Department shall be relieved from this voluntary commitment. (ENG)

F. USE LIMITATION

1. Hours of operation for the outdoor sporting events (soccer) will be scheduled to end at approximately 10:00 pm. (ONGOING: CODE ENF)

G. 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 said that all parties had agreed to the following amendments to the voluntary commitments:

Revised Voluntary Commitment B.3:

The Palm Beach County Parks and Recreation Department will locate the entrance of the park so as not to affect the Palmetto Park Road landscape improvement project between Loggers' Run, Inc. and the County. Specifically the entrance location and design will not require any reduction in the median landscaping, which the Logger's Run Homeowners Association plans to install on Palmetto Park Road ~~median~~, including the area beginning at the C1 canal. The entrance plan will be designed and located where it will not result in any requirement to remove median landscaping, west of the C.1 canal, to comply with FDOT Roadway and Traffic Design Standards. (BLDG PERMIT: ENG)

Revised Voluntary Commitment C.2:

The lights installed in the parking lot adjacent to Palmetto Park Road ~~will be the same height as the Palm Beach County Parks and Recreation Department has installed in the parking areas of the aquatic~~ ~~center in South County Regional Park,~~ shall be limited to an overall height of twenty (20) feet measured from finished grade to highest point. Buffering of these lights will be provided through the County's landscaping of the Palmetto Park median in front of the park property consistent with FDOT's Roadway and Traffic Design Standards. Though the Parks and Recreation Department will not be responsible for these items, the ~~The Parks and Recreation~~ Department will make its best effort to work with other County Departments to obtain funding and approval for the installation of landscaping on the south side of Palmetto Park Road to provide additional buffer for the homes in Tamarron. (BLDG PERMIT: Zoning - Parks)

Revised Voluntary Commitment D.1:

The Palm Beach County Parks and Recreation Department will maintain as much of a buffer as possible along the west and north portions of the park property. The County will, based on the tree survey, install additional landscaping to buffer the athletic fields from Logger's Run, and more specifically, Cimarron at the northwest corner of the project. ~~The Parks and~~ ~~Recreation Department has also agreed to provide off-site landscaping,upon request, on either Logger's Run common property or individual home lots within~~ ~~Cimarron in conjunction with the County's Tree Salvage program~~. (CO: BLDG - Zoning/Landscape)

Revised Voluntary Commitment E.2:

Palm Beach County Parks Department shall work with the County Engineer during the final site plan preparation to determine if any portion of the 27 acre site may be utilized to help alleviate flooding from Palmetto Park Road ~~and the~~ ~~adjacent land area to the east to the maximum extent possible~~. If there is no area available after the final site plan has been prepared then the Parks Department shall be relieved from this voluntary commitment. (ENG)

PUBLIC COMMENT: See Page 18.

3.C. ZONING PETITIONS

3.C.10.

a. PETITION 99-90

PETITION Z99-90 (E&H SELF STORAGE) OF EDGAR ADAMSON, JR., AND HIXIE STEPHENS, BY KEITH HURBS, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) TO CG-GENERAL COMMERCIAL FOR THE 1.46-ACRE PROPERTY LOCATED 600 FEET SOUTH OF OKEECHOBEE BOULEVARD ON THE EAST SIDE OF CONGRESS AVENUE. (P.O.P. 693574) APPROVED WITH RESOLUTION TO BE ADOPTED APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Approval of the rezoning from RM to CG and adoption of a resolution affirming that action.

b. PETITION 99-90

PETITION CA99-90 (E&H SELF STORAGE) OF EDGAR ADAMSON, JR., AND HIXIE STEPHENS, BY KEITH HURBS, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A SELF-SERVICE STORAGE FACILITY ON THE 1.46-ACRE PROPERTY LOCATED APPROXIMATELY 600 FEET SOUTH OF OKEECHOBEE BOULEVARD ON THE EAST SIDE OF CONGRESS AVENUE. (P.O.P. 693574) APPROVED WITH CONDITIONS AS AMENDED AND WITH RESOLUTION TO BE ADOPTED APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Approval of the conditional use to allow a self-service storage facility 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 January 25, 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. BUILDING AND SITE DESIGN

1. The proposed self service storage facility building shall be designed and constructed to be consistent with the facade elevations by T&M Architecture & Planning, Inc. dated January 25, 2000. (BLDG PERMIT: BLDG - Zoning)

2. Similar architectural character and treatment, including but not limited to color, roof pitch and treatment, material, fenestration, and horizontal and vertical architectural details or design elements shall be provided on all sides of the buildings. (BLDG PERMIT: BLDG - Zoning)

3. The proposed building shall be designed and constructed to be consistent with the following:

a. Prior to final site plan approval by the Development Review Committee, additional architectural design elements along the sides and rear elevations, approved by the Public Hearing Section of the Zoning Division, shall be used to reduce the building's mass and scale; and,

b. Plain or blank wall areas (without architectural design elements) greater than 10' high x 20' length on the sides and rear elevations (elevations not shown on facade rendering above) shall not be permitted. (DRC/BLDG PERMIT: ZONING/BLDG - Zoning)

C. LANDSCAPING ALONG CONGRESS AVENUE

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

a. A minimum twenty (20) foot wide landscape buffer strip; and

b. A continuous two (2) foot high berm measured from top of curb.

(CO: LANDSCAPE)

D. SIGNS

1. Freestanding sign located on Congress Avenue shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - ten (10) feet;

b. Maximum sign face area per side - 50 square feet;

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

d. Style - monument style only.

e. Pole signs shall be prohibited. (BLDG PERMIT/CO: BLDG)

E. ENGINEERING

1. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Congress Ave 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. (BLDG. PERMIT: MONITORING-Eng)

2. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Congress Ave, 60 feet from the centerline on or before December 1, 2000 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage and 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. (DATE/BLDG PERMIT: MONITORING-Eng)

3. Prior to the issuance of a building permit the Developer shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng)

F. USE LIMITATIONS

1. No outside storage of disassembled vehicles or parts shall be permitted on-site. (ONGOING:CODE ENF)

2. There shall be no vehicle maintenance, washing, or repairs permitted on-site. (ONGOING:CODE ENF)

3. Overnight storage or parking shall be limited to the designated RV/boat storage spaces. (ONGOING: CODE ENF)

4. A truck rental operation shall not be permitted on-site. (ONGOING:CODE ENF)

G. 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.

(CLERK'S NOTE: This item was discussed following the motion to approve the Consent Agenda.)

Commissioner Roberts remarked that although there was no median on Congress Avenue at Okeechobee Boulevard at present, there would be one some day. In consequence, the petitioner had agreed to participate in median landscaping of the thoroughfare. She said a condition to this effect was missing from Exhibit C and directed staff to include it. Ms. Roberts chided Engineering staff for being unaware of the matter, which had been worked on by the Westgate/Belvedere Homes Community Redevelopment Agency (CRA) and the staff of the Planning, Zoning and Building Department. She later commented on the CRA's commitment to beautifying Congress Avenue as part of neighborhood improvement.

Keith Hurbs, agent, confirmed that his client had agreed to voluntarily participate in the beautification of Congress Avenue. He further confirmed Assistant County Attorney Alterman's clarification that the involvement consisted of a monetary contribution, not actual landscaping.

Zoning Director Whiteford suggested that the rezoning and conditional use be approved today and that adoption of the resolutions be scheduled for the April 27, 2000, Zoning meeting in order to allow staff to work out the median landscape condition to everyone's satisfaction.

Commissioner Aaronson suggested that staff return to the Board with language for a standard median landscape condition for those instances in which it is known that a median will be created within a three- or five-year period.

Commissioner Marcus proposed the use of a project checklist to ensure interdepartmental coordination.

3.C.11. RESOLUTION R-2000-0410

RESOLUTION FOR PETITION Z99-91 (BARBER REZONING) OF EVERETT BARBER, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RE-RESIDENTIAL ESTATE TO RT-RESIDENTIAL TRANSITIONAL FOR THE 2.5-ACRE PROPERTY LOCATED APPROXIMATELY 4,000 FEET SOUTH OF NORTHLAKE BOULEVARD ON THE WEST SIDE OF MILITARY TRAIL. (P.O.P. 693574) ADOPTED 3-23-2000

Staff Recommendation: Approval of the rezoning from RE to RT and adoption of a resolution affirming that action.

3.C.12. RESOLUTION R-2000-0411

RESOLUTION FOR PETITION Z99-80 (SHUBERT REZONING) OF W. C. SHUBERT, JR., AND ANN B. SHUBERT, BY MICHAEL SHUBERT, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RE-RESIDENTIAL ESTATE TO RT-RESIDENTIAL TRANSITIONAL FOR THE 2.27-ACRE PROPERTY LOCATED APPROXIMATELY 360 FEET NORTH OF LILLIAN AVENUE ON THE EAST SIDE OF BATES ROAD SOUTH. (P.O.P. 693574) ADOPTED 3-23-2000

Staff Recommendation: Approval of the rezoning from RE to RT and adoption of a resolution affirming that action.

3.D. RECEIVE AND FILE ZONING COMMISSION RESOLUTION

3.D.13. PETITION 98-80

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0002 FOR PETITION CB98-80 (LOX ROAD VEGETATION RECYCLING & NURSERY) OF STEVEN GREENFIELD, TRUSTEE, TO CORRECT CONDITION E.4 OF ZONING COMMISSION RESOLUTION ZR-99-04 (STATUS REPORT CR98-80/E4) FOR THE 19.2-ACRE PROPERTY LOCATED APPROXIMATELY SIX MILES WEST OF STATE ROAD 7 (U.S. 441) ON THE SOUTH SIDE OF LOX ROAD. APPROVED 3-23-2000

Staff Recommendation: Receipt and file of the resolution.

Zoning Director Whiteford corrected the Agenda wording of the item from "corrective resolution" to "resolution."

3.E. STATUS REPORTS

3.E.14. RESOLUTION R-2000-0412

RESOLUTION FOR STATUS REPORT SR89-125.6 FOR RESOLUTIONS R-90-831 AND R-90-832 OF PETITION 89-125 (BRIDGE STONE/FIRESTONE) OF GOOD SHEPHERD UNITED METHODIST CHURCH, INC., TO REVOKE THE SPECIAL EXCEPTION OF R-90-832, WHICH PERMITS AN AUTOMOBILE SERVICE STATION, AND EXEMPT R-90-831 FROM FURTHER SECTION 5.8 REVIEW. THE 1.0-ACRE PROPERTY IS LOCATED APPROXIMATELY 0.2 MILE SOUTH OF PURDY LANE ON THE WEST SIDE OF MILITARY TRAIL AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT AN AUTOMOBILE SERVICE STATION (TIRE STORE). (REVOKES R-90-832) ADOPTED 3-23-2000

Original Petitioner: First Federal Savings and Loan Association of Delray Beach.

Staff Recommendation: Adoption of the resolution revoking the special exception and approval of the exemption from further Section 5.8 review.

3.E.15. RESOLUTION R-2000-0413

RESOLUTION FOR STATUS REPORT SR96-106 FOR RESOLUTION R-97-7 OF PETITION 96-106 (CSC CORRECTIONAL FACILITY) OF SUGAR CANE GROWERS COOPERATIVE OF FLORIDA TO REVOKE THE CLASS A CONDITIONAL USE (CA) FOR A CORRECTION FACILITY IN THE GLADES AREA ECONOMIC OVERLAY (GA-O) DISTRICT FOR THE 2.27-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441) ON THE NORTH SIDE OF MORGAN WEST ROAD. (REVOKES R-97-7) ADOPTED 3-23-2000

Original Petitioner: Correctional Services Corporation.

Staff Recommendation: Adoption of the resolution revoking the conditional use.

3.E.16. PETITION 84-123

STATUS REPORT SR84-123A.6 FOR RESOLUTION R-90-374 OF PETITION 84-123(A) (BOB AND EDDIE'S OFFICE-WAREHOUSE) OF ROBERT A. WILCOX, TRUSTEE, TO APPROVE A TIME EXTENSION TO FEBRUARY 27, 2002, FOR THE 1.9-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RICHARD ROAD AND OLD DIXIE HIGHWAY, BOUNDED ON THE EAST BY THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO ALLOW AN OFFICE-WAREHOUSE COMBINATION. APPROVED 3-23-2000

Original Petitioner: Old Dixie Partners.

Staff Recommendation: Approval of the time extension until February 27, 2002.

3.E.17. PETITION 89-76

STATUS REPORT FOR RESOLUTIONS R-90-355 AND R-90-356 OF PETITION 89-76 (MASON INDUSTRIAL) OF DUNCAN W. ARMINELLI AND STANLEY A. MASON TO APPROVE A TIME EXTENSION TO FEBRUARY 9, 2002, FOR THE 2.0-ACRE PROPERTY LOCATED APPROXIMATELY 0.3 MILE WEST OF BOUTWELL ROAD ON THE NORTH SIDE OF SECOND AVENUE NORTH. THE PROPERTY IS ZONED IL-LIGHT INDUSTRIAL WITH A SPECIAL EXCEPTION TO PERMIT A PLANNED INDUSTRIAL DEVELOPMENT. APPROVED 3-23-2000

Original Petitioner: Duncan W. Arminelli and Stanley A. Mason.

Staff Recommendation: Approval of the time extension until February 9, 2002.

3.E.18. RESOLUTION R-2000-0414

STATUS REPORT FOR RESOLUTION R-97-1 OF PETITION 96-72 (ZANK REZONING) OF ELLIOT ZANK AND PERRI ZANK TO APPROVE A TIME EXTENSION UNTIL JANUARY 6, 2002, AND TO AMEND CONDITIONS OF APPROVAL FOR THE 1.07-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND HYPOLUXO ROAD. THE PROPERTY IS ZONED CC-COMMUNITY COMMERCIAL. (AMENDS R-97-1) ADOPTED WITH CONDITIONS 3-23-2000

Original Petitioner: Elliot Zank and Perri Zank.

Staff Recommendation: Approval of the time extension until January 6, 2002, and adoption of the resolution amending the conditions of approval as follows:

1. All previously approved conditions of approval contained in Resolution R-97-1 continue to apply unless expressly approved herein.

2. Condition number E.2. of Resolution Number R-97-1 which currently states:

In order to comply with the mandatory Traffic Performance Standards, the Developer shall not be issued any further building permits for the site after January 1, 1999. This date may be adjusted by the County Engineer based upon an approved Traffic Study which complies with the Mandatory Traffic Performance Standards in place at the time of the request. (DATE/BLDG PERMIT: MONITORING/Eng)

Is hereby amended to state:

No building permits shall be issued after December 31, 2001, unless a new traffic study is submitted and approved by the County Engineer which extends the buildout date for this development.

3. No building permits shall be issued until the contract is let for construction of Lawrence Road from Gateway Boulevard to Hypoluxo Road to a 5-lane cross-section, including an exclusive right turn lane, south approach at the intersection of Hypoluxo Road/Lawrence Road. Alternatively, the developer may agree to construct the right turn lane on the south approach of the Hypoluxo Road/Lawrence Road intersection, in which case this development shall not be issued any building permits until construction has commenced for this improvement. (BLDG PERMIT: MONITORING - Eng)

Zoning Director Whiteford corrected the motion on the Agenda to include adoption of the resolution.

3.E.19. PETITION 96-47

STATUS REPORT SR96-47 FOR RESOLUTION R-96-1733 OF PETITION 96-47 (LAKES AT BOCA MUPD) OF DPC REALTY TO APPROVE A TIME EXTENSION TO OCTOBER 24, 2001, FOR THE 1.3-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF STATE ROAD 7 (U.S. 441) AND YAMATO ROAD. THE PROPERTY IS ZONED MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH A GENERAL DAYCARE (135 CHILDREN) AS A REQUESTED USE. APPROVED 3-23-2000

Original Petitioner: Kenco Communities at Lakes of Boca, Inc.; Lakes at Boca Raton Commercial Property Owners Association, Inc.; and Lakes at Boca Raton Homeowners Association, Inc.

Staff Recommendation: Approval of the time extension until October 24, 2001.

3.F. CORRECTIVE RESOLUTIONS

3.F.20. RESOLUTION R-2000-0415

RESOLUTION FOR PETITION PDD89-19(E) (VALENCIA GRAND ISLES) OF GL HOMES OF BOYNTON BEACH ASSOCIATES V LTD., TO CORRECT THE LEGAL DESCRIPTION AND VICINITY SKETCH FOR RESOLUTION R-2000-0254 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. (AMENDS R-2000-0254) ADOPTED 3-23-2000

Staff Recommendation: Adoption of a resolution to correct the legal description and vicinity sketch.

3.F.21. RESOLUTION R-2000-0416

RESOLUTION FOR PETITION EAC89-19(E) (VALENCIA GRAND ISLES) OF GL HOMES OF BOYNTON BEACH ASSOCIATES V LTD., TO CORRECT THE LEGAL DESCRIPTION FOR RESOLUTION R-2000-0255 FOR THE 235.3-ACRE PROPERTY LOCATED APPROXIMATELY 1,400 FEET NORTH OF SIMS ROAD ON THE EAST SIDE OF HAGEN RANCH ROAD. (AMENDS R-2000-0255) ADOPTED 3-23-2000

Staff Recommendation: Adoption of a resolution to correct the legal description.

3.G. TDR ESCROW AGREEMENT

3.G.22. DOCUMENT R-2000-0417

MODIFICATION OF ESCROW AGREEMENT WITH PHOENIX REAL ESTATE ASSOCIATES, INC. (DEVELOPER [LAKE WORTH/LYONS PLANNED UNIT DEVELOPMENT; PETITION PDD/TDR97-31]), CENTURY CITRUS ISLES CORPORATION (NEW DEVELOPER), AND ROBERT S. FORMAN, P.A. TRUST ACCOUNT (ESCROW AGENT), FOR THE SALE AND PURCHASE OF 51 TRANSFER OF DEVELOPMENT RIGHTS (TDR) UNITS FROM THE COUNTY TDR BANK AT A PURCHASE PRICE OF $5,575 PER UNIT FOR A TOTAL PURCHASE PRICE OF $278,750. THE 29.46-ACRE PROPERTY IS LOCATED SOUTH OF LAKE WORTH ROAD ON THE WEST SIDE OF LYONS ROAD. (AMENDS R-99-2260-D) APPROVED 3-23-2000

Staff Recommendation: Approval of the agreement as stated.

Zoning Director Whiteford corrected the Agenda to read "51 TDR units" (rather than "50 TDR units").

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

(CLERK'S NOTE: Commissioner Marcus left the meeting.)

The Board made their disclosures at this time.

PUBLIC COMMENT:

Lou Caplan, agent for Loggers Run, indicated the development's agreement to the revised conditions for Item 3.B.9.

(CLERK'S NOTE: See Page 14 for discussion of Item 3.C.10.)

UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Marcus absent.

(CLERK'S NOTE: Commissioner Marcus rejoined the meeting.)

4. REGULAR AGENDA

4.A. ITEMS PULLED FROM CONSENT AGENDA - None

4.B.23. SMALL SCALE AMENDMENT 37 COM 1

APPLICATION 2000-SCA 37 COM 1 OF THOMAS J. LARKIN, BY STEPHEN A. MICKLEY, AGENT, FOR A SMALL SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM LOW RESIDENTIAL 1 (LR-1) TO COMMERCIAL HIGH-OFFICE WITH AN UNDERLYING 1 UNIT PER ACRE (CH-O/1 ON THE 0.98-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND NORTH BATES ROAD, 0.5 MILE WEST OF MILITARY TRAIL. (P.O.P. 657845) DENIED 3-23-2000

Staff Recommendation: Denial of the request for a future land use change from LR-1 to CH-O/1.

Local Planning Agency Recommendation: Denial of the request.

Planner Victoria Zinser noted the following in her presentation:

The Planning Division recommended denial based on several factors:

- Lack of adequate justification.

- Lack of demonstration of need. The applicant's market inventory indicated no need for additional office space in this area through 2015.

- Incompatibility. The proposed high intensity office is out of character with the surrounding area and incompatible with the adjacent low-density subdivision (Square Lake).

- Inconsistency with the Comprehensive Plan. The plan prohibits isolated, mid-block, commercial uses; the proposal is for such a use. The plan prohibits approval of strip commercial development; approval of the proposal might spur owners of adjacent residential parcels to request commercial uses.

- Inconsistency with the urban sprawl rule. The proposal meets several indicators of urban sprawl and represents an overallocation of commercial office use.

The City of Palm Beach Gardens objected through the Intergovernmental Plan Amendment Review Committee (IPARC) that the proposed amendment, which is located in the city's future annexation area, is inconsistent with its comprehensive plan. An IPARC panel determined that the objection was justified.

The City of Riviera Beach did not object to the proposal.

Stephen A. Mickley, agent, stated that:

The site was located at a curb cut in the six-lane highway and would be easily accessible to regular traffic.

This stretch of highway was taking on a nonresidential appearance, not necessarily a commercial one.

The parcels next to the site are developed with long-standing single-family homes, at least two of which display home business signs.

The site has been reduced to less than an acre, its land haven been taken for the Northlake Boulevard widening.

The site is not large enough for a church. Churches are looking for locations on which they would be able to expand in the future.

Under the new parking regulations, the site is not large enough for a day-care center that would allow the applicant to recoup expenses.

The building's residential type of design (plantation or Georgian) is compatible with the proximate residential area.

If the Board considered the Commercial High Office land use designation inappropriate for the site, the applicant could reduce the size of the 10,060-square-foot building to a probable minimum of 7,500 square feet. The lower size could be obtained through a Commercial Low Office designation.

No one had appeared before the Land Use Advisory Board in opposition to the proposed amendment.

Only the site and adjacent parcels to the west front on Northlake Boulevard. The other residential projects on Northlake between Military Trail and the Florida Turnpike are designed with walls or landscape buffers, with backs of the houses abutting rights-of-way and each with its own entrance and exit.

Commissioner Masilotti indicated he could not support the land use change because there were no commercial uses west of the site and because there were too many inconsistencies with the Comprehensive Plan.

After making her disclosures on the item, Commissioner Marcus said she could not support the proposed amendment. She observed that while there were no commercial enterprises in the area, there were several institutions, namely, churches, day-care centers, and the North County Senior Center. As for home businesses, they were licensed by the County. Ms. Marcus expressed surprise that the public had not opposed the amendment but said they probably would come forth once the project moved further along.

MOTION to DENY the request of Application 2000-SCA 37 COM 1 for a future land use change from LR-1 to CH-O/1. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

Commissioner Roberts based her support of the motion on the floor on Palm Beach Gardens' objection to the amendment and IPARC's justification of that objection.

The rest of the Board made their disclosures at this time.

UPON CALL FOR A VOTE, the motion carried 7-0.

4.C. ZONING PETITIONS

4.C.24. RESOLUTION R-2000-0418

RESOLUTION FOR PETITION Z98-76 (GRAHAM REZONING) OF WILLIAM S. GRAHAM, TRUSTEE, BY F. MARTIN PERRY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RT-RESIDENTIAL TRANSITIONAL ON THE 10.01-ACRE PROPERTY LOCATED APPROXIMATELY ONE MILE SOUTH OF SOUTHERN BOULEVARD AND 1,000 FEET EAST OF STATE ROAD 7 (U.S. 441) ON THE NORTHWEST CORNER OF DILLMAN ROAD AND WHIPPOORWILL WAY. (P.O.P. 693574) ADOPTED WITH VOLUNTARY COMMITMENTS AS AMENDED 3-23-2000

Staff Recommendation: Approval of the rezoning and adoption of a resolution affirming that action, subject to the following voluntary commitments:

A. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (ABUTTING DILLMAN ROAD)

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

a. A minimum twenty (20) foot wide landscape buffer strip;

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 twenty-five (25%) percent of the canopy trees in that location;

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)

B. No conditions for B. C. or D.

E. ENGINEERING

1. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Dillman Road , 80 feet north of the existing, north right of way line of the LWDD L-6 canal. Conveyance shall be completed prior to the issuance of the first Building Permit. Right of way conveyance shall be along the projects entire frontage and 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. (BLDG PERMIT: MONITORING - Eng)

2. Prior to the issuance of a building permit the Developer shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng)

F. HEALTH

1. An "Application for Approval of Subdivision with Individual Onsite Sewage Disposal Systems" must be submitted and approved by the Palm Beach County Health Department prior to final site plan review. (DRC: HEALTH)

G. 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.

Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING)

Land Development Director Ken Rogers said that late yesterday, the Engineering department had made the following change to the voluntary commitments:

Deletion of Voluntary Commitment E.1:

The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Dillman Road , 80 feet north of the existing, north right of way line of the LWDD L-6 canal. Conveyance shall be completed prior to the issuance of the first Building Permit. Right of way conveyance shall be along the projects entire frontage and 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. (BLDG PERMIT: MONITORING - Eng)

Mr. Rogers explained that the petitioners had agreed, in the planning of the southernmost portion of their property, for the possibility of a future extension of Dillman Road. There were no current plans to extend the road, but when the Minto and Diamond C developments and State Road 7 corridor were built up, the community might want a better access to State Road 7.

F. Martin Perry, agent, said that the seven owners had objected to Voluntary Commitment E.1 and agreed to its deletion as explained by Mr. Rogers.

PUBLIC COMMENT: None

MOTION to adopt a resolution for Petition Z98-76, subject to the voluntary commitments as amended. Motion by Commissioner Masilotti and seconded by Commissioner Aaronson.

The Board made their disclosures at this time.

UPON CALL FOR A VOTE, the motion carried 7-0.

4.C.25. PETITION 99-47

PETITION PDD99-47 (DIAMOND SHAMROCK PUD) OF RICHARD B. CRUM, TRUSTEE, BY WILLIAM R. BOOSE III, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 70.36-ACRE PROPERTY LOCATED APPROXIMATELY 1.5 MILES SOUTH OF LANTANA ROAD, BOUNDED BY STATE ROAD 7 (U.S. 441) AND LYONS ROAD. (P.O.P. 693574) APPROVED WITH CONDITIONS AS AMENDED AND WITH RESOLUTION TO BE ADOPTED APRIL 27, 2000 -- 3-23-2000

Staff Recommendation: Approval of the rezoning 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 master/site plans are dated March 7, 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).

This obligation shall be included in the Homeowners Association's documentation. (BLDG PERMIT/CO: BLDG - Zoning)

2. Prior to DRC final certification of the site plan, the petitioner shall provide architectural elevations to the Public Hearing Section, Zoning Division for review. (DRC: ZONING)

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: fourteen (14) feet

b. trunk diameter: 3.5 inches measured 4.5 feet above grade;

c. canopy diameter: Seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length; and,

d. credit may be given for existing or relocated trees provided they meet current ULDC requirements. (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)

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. (DRC: ZONING)

D. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO LWDD L-19 CANAL AND PUD)

1. Landscaping and buffering along the north property line shall be upgraded to 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 one hundred and twenty (120) 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 December 1, 2000 or prior to the issuance of the first Building Permit, whichever shall first occur, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Lyons Road, 55 feet from centerline along the project's entire frontage, free of all encumbrances and encroachments. 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. Right-of-way conveyances shall also include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING - Eng)

2. Prior to issuance of a building permit the property owner shall convey a roadway construction easement to Palm Beach County at the Projects Entrance Road(s). This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this property owners road right of way. Construction by the applicant within this easement shall conform to 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. (BLDG PERMIT:MONITORING - Eng)

3. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Lyons 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. (BLDG PERMIT:MONITORING - Eng)

4. The Property owner shall construct:

a) Right turn lane south approach and a left turn lane north approach on S.R. 7 at the projects entrance road in accordance with Florida DOT Approval;

b) Left turn lane south approach on Lyons Road at the projects entrance road.

A) This construction shall be concurrent with the construction of the Projects Entrance Road onto SR 7 and Lyons Road. All construction costs 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. (CO: MONITORING - Eng)

5. On or before December 1, 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 Lyons 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. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. 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. (DATE: MONITORING - Eng)

6. Prior to DRC approval of the Master Plan the drainage study for the site shall be amended to reflect compliance with the condition of approval above which requires the Developer to provide legal positive outfall for Lyons Road. Adjustments to the drainage system shall be amended as required. (DRC: ENG)

7. The Property owner shall fund the construction plans for Lyons Road as a 2 lane section Expandable to 4 lanes from the current 2 lane terminus north of Boynton Beach Boulevard north to the southerly terminus of Lyons Road by the Villages of Windsor PUD, plus the appropriate tapers. Funding shall be based upon Palm Beach County's minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. Funding for the construction plans shall be completed on or before March 1, 2001. All canal crossings (bridges and/or culverts) within the project limits shall be constructed to their ultimate paved configuration. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. (DATE: MONITORING - Eng)

8. The property owner shall provide for the acquisition of Lyons Road right of way by funding the cost of the right-of-way and all associated costs as referenced in the Condition above and shall provide surety acceptable to the Office of the County Engineer and County Attorney. This developer shall enter into a written agreement with the Right of Way Acquisition Section on or before December 1, 2000. Notification by the developer shall be given to the Land Development Division. (DATE: MONITORING - ENG)

9. On or before June 1, 2001, the property owner shall prepare and provide to the County all necessary right-of-way acquisition documents including but not limited to surveys, property owners maps, legal descriptions for acquisition, and parceled right-of-way maps required for the construction of as referenced in the condition above subject to the approval of the County Engineer. These documents shall include a title search for a minimum of 25 years. Notification shall be given to Land Development Division. (DATE: MONITORING - Eng)

10. The property owner shall fund the construction of Lyons Road as a 2 lane section from the current 2 lane terminus north of Boynton Beach Boulevard north to the southerly terminus of future Lyons Road by the Villages of Windsor PUD, plus the appropriate tapers. Funding of the construction shall be completed on or before August 1, 2001. All canal crossings within the project limits shall be constructed to their ultimate configuration. (DATE: MONITORING - Eng)

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

a. No Building Permits shall be issued until construction has begun for the widening of S.R. 7 as a 4 lane section from Lake Worth Road to Boynton Beach Boulevard plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng)

12. LANDSCAPE WITHIN MEDIAN OF STATE ROAD 7

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 SR 7 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 latest revision to the Palm Beach County Engineering and Public Works Department 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 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 April 1, 2002. (DATE: 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)

13. CUTOUT LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF SR 7

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 landscape cutouts within the concrete median of SR 7 Right-of-Way contiguous to the frontage. 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, concrete median cutout, Landscape Installation and Maintenance, Removal, and Indemnification Agreements. When landscape cutouts are permitted by the Florida Department of Transportation, landscaping shall, consist of Landscape Material approved by the County Engineer. 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. Alternative plant and paver block material other than those listed in the County standards may be permitted subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

b. All required median landscaping, including an irrigation system, the cost of Cutting out or removing the existing concrete median as well as the cost of the Landscape material shall be funded at the property owners expense. All new and existing 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. The 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, and the irrigation system. All landscape material shall be installed prior April 1, 2002. (DATE: MONITORING - Eng)

F. LANDSCAPING ALONG THE ENTIRE SOUTH PROPERTY LINE AND THE SOUTH 330 FEET OF THE WEST PROPERTY LINE (ADJACENT TO RESIDENTIAL USE)

1. Landscaping and buffering along the south property line and the south 330 feet of the west property line shall be upgraded to include:

a. a minimum twenty (20) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted. A 50% width reduction may be permitted where residential lots 139 and140 abut the buffer;

b. a minimum two and one half (2.5) foot high continuous berm measured from top of curb;

c. a minimum five (5) foot high black or green vinyl coated chain link fence to be installed on the plateau of the berm. (CO: LANDSCAPE)

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

a. one (1) canopy tree planted every thirty (30) feet on center;

b. one (1) additional palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of one hundred and twenty (120) feet between clusters; 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 sixty (60) inches. All shrub or hedge materials shall be planted on the plateau of the berm. (CO: LANDSCAPE)

3. A minimum ten (10) foot wide landscape buffer strip along lots 139 and 140 and shall include the following:

a. a minimum one and half (1.5) foot high continuous berm;

b. a minimum five (5) foot high black or green vinyl coated chain link fence on top of the berm, the top of this section of the fence shall be flush with the top of the fence as indicated in Condition F.1.c;

c. one (1) canopy tree planted every fifteen (15) feet on center to be planted on the exterior ide of the fence;

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 sixty (60) inches and to be planted on the exterior side of the fence. All shrub or hedge materials shall be planted on the plateau of the berm. (CO: LANDSCAPE)

G. LANDSCAPING ALONG EAST AND WEST PROPERTY LINES (ADJACENT TO LYONS ROAD AND SR7/US441)

1. Landscaping and buffering along the 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 frontage, with a maximum spacing of one hundred and twenty (120) feet between clusters; and,

e. twenty four (24) 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)

H. LWDD

1. Prior to Plat recordation, the owner shall voluntarily agree to convey to the District, either by quit claim or easement, the North 45 feet of Tracts 59-72 and the West 45 feet of the North � of Tract 72 , less lands owned by the District, for the required right-of-way for the L-19 and E-1 Canals respectively. (PLAT: ENG - LWDD)

I. 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 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 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. (BLDG PERMIT: MONITORING - Eng)

J. 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. All proposed street lights that are adjacent to the south property line shall be located on the north side of the road. (CO: BLDG - Eng)

2. Street trees shall be installed 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. Prior to DRC certification of the preliminary development plan, street tree planting details and cross sections shall be approved by the Zoning Division, Utilities departments, and the County Engineer. (DRC/CO: ZONING/ UTILITIES/ENG/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. (PLAT: ENG - Co Att)

4. The petitioner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying of the existence of agricultural uses in the vicinity of the development. The developer/property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on January 1, 2001 and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowners association. (ONGOING: MONITORING)

5. Prior to final site plan approval of the Preliminary Development Plan by the Development Review Committee, a document giving notice of the existence of agricultural uses acceptable to the County Attorney shall be submitted to the Zoning Division. The document shall describe the uses in separate paragraphs, shall include a place for the purchaser's signature acknowledging the notice, and shall be made a part of the closing documents and purchase contracts for each residential unit sold in the developable areas. (ONGOING/DRC: CODE ENF/ZONING - Cty Att)

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	Pods
Front Setback	22.5' min.	All Pods
Lot Coverage	44%	All Pods

7. Pavers or decorative pavement shall be provided for the driveways of all units (DRC:ZONING)

8. 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), roundabout, open space adjacent to round-about or cul-de-sac consistent with the Focal Point Exhibit dated January 27, 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)

9. 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. (DRC: ZONING)

10. 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 each residential pod. 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)

K. PLANNING

1. Prior to final site plan approval by the Development Review Committee, the Planning Division shall ensure that this site plan conforms with the plan presented to the BCC including those recommendations of the West Boynton Area Community Plan incorporated onto the conceptual site plan and the preliminary development plan and regulating plan dated March 7, 2000 (Rec.# 36, 37, and 40). In addition, the street cross sections shown on the regulating plan shall be revised to indicate the types of shade trees to be planted internal to the site and along Lyons Road. (DRC: PLANNING)

2. Prior to the issuance of the first building permit, the petitioner shall pave the property to the edge of the southern property line at the location shown on the master and regulating plan labeled "potential 50' stub street connection". (BLDG PERMIT: MONITORING - BLDG/PLANNING)

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 residence. 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)

2. Prior to final DRC site plan approval, the petitioner shall revised the site plan to indicate the bus stop/pull off area/bus shelter. The petitioner shall also submit a drawing of the bus stop/pull off area and shelter to the School District for review. (ONGOING: SCHOOL BOARD)

M. COMPLIANCE

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.

Site Planner Maryann Kwok said that at the March 3, 2000, Zoning Commission hearing, Jack Rabbit Farms, the adjacent property owner, expressed concerns about the impact that would be generated from the proposed 140-unit development. To address these concerns, staff has revised Conditions F.2, F.4, and J.4 (to which Jack Rabbit Farms has agreed) that appear with other modified conditions on the Amendments to the Agenda:

Revised Condition B.2:

Prior to DRC final certification of the site plan, the petitioner shall provide architectural elevations to the Public Hearing Section, Zoning Division for review. The proposed residential buildings shall be developed in conformance to the approved architectural elevations. (DRC: ZONING)

Revised Condition C.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: fourteen (14) feet (height reduction is permitted only along the northern buffer. Provide minimum twelve (12) feet in height if height reduction is requested.)

b. trunk diameter: 3.5 inches measured 4.5 feet above grade;

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

Added Condition C.5:

All small, flowering 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: ten (10) feet

b. canopy diameter: five (5) feet. (CO: LANDSCAPE - Zoning)

Revised Condition F.2:

The following landscaping requirements shall be installed on the exterior side of the required fence:

a. one (1) canopy tree planted every thirty (30) feet on center;

b. one (1) additional palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of one hundred and twenty (120) feet between clusters;

c. one (1) additional small, flowering tree for each sixty (60) linear feet of property line, with a maximum spacing of one hundred and twenty (120) feet between clusters; and,

c.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 sixty (60) inches. All shrub or hedge materials shall be planted on the plateau of the berm. (CO: LANDSCAPE)

Added Condition F.4:

All landscaping along the south property line and the south 330 feet of the west property line shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns 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 the landscape material during periods of drought in order to maintain healthy plant material. (CO: LANDSCAPE)

Revised Condition J.4:

The petitioner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying of the existence of agricultural uses in the vicinity of and adjacent to the development. The developer/property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on January 1, 2001 and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowners association. (ONGOING: MONITORING)

Revised Condition J.5:

Prior to final site plan approval of the Preliminary Development Plan by the Development Review Committee, a document giving notice of the existence of agricultural uses acceptable to the County Attorney shall be submitted to the Zoning Division. The document shall describe the uses in separate paragraphs, shall include a place for the purchaser's signature acknowledging the notice, and shall be made a part of the closing documents and purchase contracts for each residential unit. ~~sold in the developable areas.~~ (ONGOING/DRC: CODE ENF/ZONING - Cty Att)

Ms. Kwok said that the only outstanding issue was Condition K.2 ("Prior to the issuance of the first building permit, the petitioner shall pave the property to the edge of the southern property line at the location shown on the master and regulating plan labeled 'potential 50' stub street connection.'") The petitioner, Jack Rabbit Farms, and the Zoning Commission objected to the condition, she said, the commission voting to delete it. Planning staff, however, recommended that the condition remain.

Land Development Director Rogers directed the Board's attention to the handout of modified Engineering conditions as follows:

Revised Condition E.8:

The property owner shall provide for the acquisition of Lyons Road right of way by funding the cost of the right-of-way and all associated costs as referenced in the Condition above and shall provide surety acceptable to the Office of the County Engineer and County Attorney. This developer shall enter into a written agreement with the Right of Way Acquisition Section on or before December 1, 2000. Notification by the developer shall be given to the Land Development Division. (DATE: MONITORING - ENG)

The property owner shall provide surety for acquisition of a total of 110 feet of right of way and the construction of Lyons Road (2 lane section) as referenced in the conditions above. Limits of the funding for Lyons Road construction shall be from the current 2 lane terminus north of Boynton Beach Boulevard north to the southerly terminus of future Lyons Road by the Village of Windsor PUD. Acceptable surety shall be provided to the Office of the County Engineer and County Attorney on or before October 27, 2000. Notification by the developer shall be given to the Land Development Division. (TPS - Maximum 6 month time extension) (DATE:MONITORING-Eng)

Revised Condition E.11:

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

b. Building Permits for more than 53 single family dwelling units shall not be issued until the contract has been let for the construction of Lyons Road as a 2 lane section from the entrance to Melrose PUD to Lantana Road to provide for paved continuity. (BLDG PERMIT:MONITORING-Eng)

c. Building Permits for more than 64 single family dwelling units shall not be issued until the contract has been let for the construction of Lantana Road as a 4 lane section from the entrance to Grand Lacuna to Lyons Road. (BLDG PERMIT: MONITORING-Eng)

William R. Boose III, agent, agreed to the conditions with the exception of Condition K.2. He reminded the Board that the Zoning Commission had voted to delete the condition, and he requested that the Board of County Commissioners do the same.

Commissioner Masilotti questioned the meaning of the following comment on school impacts which he read from the backup:

Constructing 140 single family units south of Lantana Road between Lyons and State Road 7 may impact the School District by an additional 59 elementary school students, 25 middle school students and 22 high school students. These students may have a negative racial balance on the assigned schools.

How did the School Board know who was moving into the units? he asked. How did they know the students would have a negative impact? Was there something about the project that promoted segregation?

Zoning Director Whiteford told Commissioner Masilotti that the School Board representative, normally present, was not in attendance.

Mr. Boose remarked on the school impact comment as follows:

The School Board adheres to a demographic and racial balance requirement imposed by federal regulation.

This area of the County has fewer minority residents at present than areas farther east.

Students can be bused to achieve racial balance.

As this area moves into construction, there seems to be an orientation toward the active adult.

The number of schoolchildren being projected from this development is probably overestimated, based on the market profile that is developing at Melrose, Towne Park, and Villages of Windsor planned unit developments (PUDs).

PUBLIC COMMENT:

Susan Hayden Daniels, agent for Jack Rabbit Farms, agreed to the conditions with the exception of Condition K.2. She interpreted the Comprehensive Plan to mean that the County encourages stub street connections, not that it mandates them. In addition, if a stub street were connected on the east side, it would not have the utility intended in the Comprehensive Plan. Ms. Daniels pointed out that her client had no intention of ever selling the 88-acre property, which is used for vegetable farming and includes a single-family home and two lakes.

Lew Doctor, president-elect of the Coalition of Boynton West Residential Associations (COBWRA), spoke in favor of the petition, including the stub street.

A lengthy discussion ensued between staff and the Board concerning the issue of community interconnectivity, specifically the possible stub street connecting Diamond Shamrock PUD with Jack Rabbit Farms.

Commissioner Marcus offered following as a compromise suggestion:

There should be bicycle pathway and pedestrian pathway connectivity in the future.

The connector access point should be closer to the west (the "pod that may or may not be a wetland") but not at the end. The berm and buffer should be built and the pavement shown dead-ending at that point.

Commissioner Roberts added the following as modified by Commissioners Marcus and McCarty:

Instead of constructing a stub street today, post a sign on the preserve that someday it may be the site at which two developments (if there is a second one to the north) will connect.

The spot may be grassed.

The sign should say "will be," not "may be." This acknowledges that such connection could take place as much as 100 years in the future.

Agent Boose agreed to the suggestions.

MOTION to adopt a resolution for Petition PDD99-47 for an official zoning map amendment from AR to PUD with conditions as amended, including a condition incorporating the compromise suggestions. Motion by Commissioner Roberts and seconded by Commissioner Marcus.

The Board revised the compromise condition as follows:

Add that connectivity will occur at this location subject to some kind of permit approval. If it is a wetland, the connection could not take place there and would have to be moved to the west.

The farthest west public access point should be signed, stating it is a possible future connection; it should not be grassed because grassing would destroy existing vegetation.

Commissioner Aaronson added that the sales agents should have sales brochures that contain the sign language as discussed and that a sign should be posted in the sales office replicating the information.

Senior Planner Jim Bell read the following condition with revisions by Commissioners Roberts and Marcus:

Prior to the issuance of the first building permit, also if permitted by the Environmental Resources Management Department or the South Florida Water Management District, the petitioner shall sign the property, indicating a potential 50-foot stub street at the green space area (the location shown as the western preserve area on the master and regulating plan). If that were not permittable, it would move to the far western referenced area.

Commissioner Marcus suggested that the language be brought back at the April Zoning meeting and the resolution adopted at that time. Zoning Director Whiteford recommended that the motion be to approve the official zoning map amendment from AR to PUD absent a reference to adopting a resolution.

AMENDED MOTION to approve the request of Petition PDD99-47 for an official zoning map amendment from AR to PUD [with conditions as amended and with the resolution to be brought back on April 27, 2000]. The maker and seconder agreed.

Commissioner Masilotti asked if the motion included bicycle and pedestrian pathways or interconnects, or encouragement thereof.

AMENDED MOTION to include the provision that if there is a future development as discussed, there will be additional connectivity with bicycle paths or walking paths. The maker agreed. Upon call for a vote, the motion carried 7-0.

Commissioner Newell made the following recommendations:

Environmental Analyst Robert Kraus of Environmental Resources Management should clarify whether questionable pieces of property are environmentally sensitive as well as whether they are jurisdictional.

Planning Director Frank M. Duke should clarify the interconnectivity policy and meet with the Commissioners to ensure they understand it.

Staff should clarify the school impact comment with the School Board. Zoning Director Whiteford said he would take care of the matter.

RECESS

At 11:28 a.m., the Chair declared a recess.

RECONVENE

At 11:35 a.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present.

4.C.26. RESOLUTION R-2000-0419

RESOLUTION FOR PETITION DOA89-52(B) OF PALM BEACH AGGREGATES, AKA GKK CORPORATION, BY JOE VERDONE, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS IN RESOLUTION R-97-248 FOR THE 3,045-ACRE PROPERTY LOCATED APPROXIMATELY THREE MILES WEST OF SEMINOLE PRATT WHITNEY ROAD ON THE NORTH SIDE OF SOUTHERN BOULEVARD. (P.O.P. 652501 [2-24-2000]) ADOPTED WITH CONDITIONS AS AMENDED AND APPROVED CONTINUATION OF PUBLIC HEARING TO JULY 27, 2000 -- 3-23-2000

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-97-0248 (Petition 89-052(A), 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 subject property is limited to the uses, site design, landscape buffers, setbacks, separations, reclaimed areas and details presented to the Board of County Commissioners, as indicated on the plans dated November 22, 1996. All modifications must be approved by the Board of County Commissioners unless the changes are required to meet conditions of approval or the ULDC. (Previously Condition A.1 of Resolution R-97-0248, Petition 89-052(A)

3. All plans submitted dated November 22, 1996 shall receive certification by the Development Review Committee (DRC). All modifications must be approved by the Board of County Commissioners unless the changes are required to meet conditions of approval or are permitted by the ULDC. (Previously Condition A.2 of Resolution R-97-0248, Petition 89-052(A)) (DRC: ZONING)

4. Prior to DRC certification of the Final Excavation Plan, the petitioner shall amend all pertinent plans to ensure compliance with the ULDC and the conditions in this resolution. The plans shall also be amended to clarify setback, separation, reclamation and buffering requirements by further graphic delineation and plan notes. (Previously Condition A.3 of Resolution R-97-0248, Petition 89-052(A)) (DRC: ZONING)

5. Resolution R-89-2225 is hereby repealed. (Previously Condition A.4 of Resolution R-97-0248, Petition 89-052(A))

B. ACCESS

1. Access for all hauling activity associated with excavation activity on the site shall be limited to one (1) point at any time to SR 80. (Previously Condition B.1 of Resolution R-97-0248, Petition 89-052(A)) (ONGOING: DRC)

2. Internal traffic and vehicular circulation shall be in a forward motion with warning signals on all vehicles reduced to the minimum sound level allowed by OSHA standards. (ONGOING: ENG - Zoning)

C. BLASTING

1. Condition C.1 of Resolution R-97-0248, Petition 89-052(A) which currently states:

The petitioner shall abide by and implement all recommendations in the report by D.E. Siskind & Associates dated December 13, 1996. In cases of conflict with the ULDC or conditions of approval, the more strict requirement shall apply. (Previously (ONGOING: CODE ENF)

The petitioner shall abide by and implement the best management practice, techniques and methods for blasting to reduce noise and vibration and all recommendations in the report by D.E. Siskind & Associates dated December 13, 1996 as may be amended. In cases of conflict with the ULDC or conditions of approval, the more strict requirement shall apply. (ONGOING: CODE ENF)

(Rest of page intentionally blank)

2. The petitioner shall comply with the following blasting regulations:

BLASTING REGULATIONS

PARAMETER	INSTRUMENT REQUIREMENTS	PERFORMANCE REQUIREMENTS
Ground vibrations	Seismographs: peak values of particle velocity for all three components of motion	Maximum of 0.20 in/sec peak at all frequencies for all components of motion (R,V,T)
Ground vibrations Non-monitoring alternative	Scaled distance	Minimum square root scaled distance of 200 ft/lb�, or 1320 feet to closest residence, whichever is greater
Airblast	Monitor with low frequency roll off of 2 Hz	133 dBLinear peak (equates to approximately 90 - 110 dBA)
Airblast	Monitor with low frequency roll off of 5 or 6 Hz	129 dBLinear peak
Airblast	Non-monitoring alternative	Minimum cube root scaled distance of 500 ft/lb
Flyrock	Visual observations	Not more than half the distance from the blast site to the property line
Preblast inspections	Documented inspection reports for operator and requestor	Upon request by any property owner within � mile of property line or a government official.
Record keeping/ monitoring	Blast and seismograph records	Copies maintained by operator for at least three years, available for agency and public inspection on request

(Previously Condition C.2 of Resolution R-97-0248, Petition 89-052(A)

3. The petitioner shall comply with the following blasting standards:

BLASTING STANDARDS

Schedule	Max. one (1) blast per day, M-F only
Time	Between 10:00 am - 4:30 p.m. only
Charges	Max. 200 timed delayed charges/blast
Explosives	Max. 160 lbs/8 millisecond delay
Holes	Max. 200 holes/blast

(Previously Condition C.3 of Resolution R-97-0248, Petition 89-052(A)

4. No blast shall be detonated within the required separation areas set forth in Condition N.1. (Previously Condition C.4 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF)

5. The petitioner shall install a temporary fence indicating the required separation (see Condition N.1) for all blasting activity prior to commencement of excavation in any subphase. The location of the fence shall be verified by a registered surveyor and submitted to the DRC. (Previously Condition C.5 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: DRC)

6. All seismographs shall measure all ground vibration in excess of 0.10 in/sec. and all air blast in excess of 125 dBLinear peak. (Previously Condition C.6 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: DRC)

7. A seismograph shall be located at the closest residential structure and any other structure within 900 feet from any blasting activity. It shall be located no more than 10 feet of the foundation of the structure and shall be located on the side of the structure that faces the blasting activity. (Previously Condition C.7 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF)

8. The petitioner shall ensure that the seismograph instruments are recalebrated in accordance with standard industry practices at least once per year. (Previously Condition C.8 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF)

D. DRI

1. No subphase shall exceed eighty (80) acres of removal or disturbance of solid minerals or overburden per year. Previously condition D.1 of Resolution R-97-0248, Petition 89-052(A).(ONGOING: DRC)

2. Daily water consumption shall not exceed 1.5 million gallons per day (mgd). (Previously Condition D.2 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: SFWMD)

3. Prior to commencement of excavation activity within the next subphase, or January 30, 1998, whichever occurs first, the petitioner shall obtain a development of regional impact (DRI) clearance letter from the Florida Department of Community Affairs (DCA). (Previously Condition D.3 of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Zoning)

E. ENGINEERING

1. Prior to certification of the master plan/site plan by the DRC, the plans shall be amended to reflect the Okeechobee Road right-of-way. This right-of-way corridor shall be through an alignment acceptable to the County Engineer. (Previously Condition E.1 of Resolution R-97-0248, Petition 89-052(A) (DRC: ENG)

2. a. The property owner shall convey to Palm Beach County 200 feet of road right of way for Okeechobee Boulevard from the east property line to the L-8 Canal within 90 days of a determination that the right of way is required. (Previously Condition E.2.a of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ENG)

b. West of the L-8 Canal, the property owner shall convey to Palm Beach County 200 feet of road right of way for Okeechobee Boulevard. The alignment, which crosses the FP&l easement, shall be approved by the County Engineer. This right of way shall be conveyed to Palm Beach County within 90 days notice by the County Engineer that this additional right of way is required for Okeechobee Boulevard or prior to the cessation of the mining activity, whichever shall first occur. (Previously Condition E.2.b of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ENG)

3. The property owner shall construct a left turn lane west approach and a separate right turn lane east approach at the project entrance and SR80.

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.(Previously Condition E.3.a of Resolution R-97-0248, Petition 89-052(A) (DRAINAGE REVIEW: ENG)

b. Permits required by Palm Beach County for this construction shall be obtained prior to May 1, 1997.(Previously Condition E.3.b of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Eng)

c. Construction shall be completed prior to July 1, 1997. (Previously Condition E.3.c of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Eng)

4. The property owner shall be responsible for maintaining all turnouts, acceleration lanes, and median openings within the SR 80 road right of way for the duration of the mining operation. Within 60 days of notice from the FDOT, the property owner shall preform the required maintenance to correct any and all defects. This property owner will be responsible for obtaining all permits from FDOT for this maintenance or repair work. (Previously Condition E.4 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ENG)

5. 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 Okeechobee Boulevard along the property frontage; and a maximum 800 feet of these adjacent roadway(s). Conveyance of these drainage easements shall be concurrent with the right of way dedication of Okeechobee Boulevard as provided for in E2 above. The
determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. 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.5 of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Eng)

6. The property owner shall pay a Fair Share Fee in the amount and manner required by the "Fair Share Contribution for Road Improvements Ordinance" as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project, to be paid at time of issuance of the next building permit, presently is $77,110 (1402 trips X $55.00 per trip).(Previously Condition E.6 of Resolution R-97-0248, Petition 89-052(A) (BLDG PERMIT: ACCOUNTING - Eng)

7. Condition E.7 of Resolution R-97-0248, Petition 89-052(A) which currently states:

LANDSCAPE WITHIN MEDIAN

a. Prior to July 1, 1997, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape all adjacent median(s) of all abutting rights-of-way. 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 Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards and 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. (DATE: MONITORING - Eng)

b. All required median landscaping, including an irrigation system if required shall be installed at the property owners expense. All 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 on or October 1, 1997. (DATE: MONITORING - Eng)

c. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to October 1, 1997.

Is hereby amended to read:

LANDSCAPE WITHIN MEDIAN OF SOUTHERN BOULEVARD

a. Prior to July 1, 2000 the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Southern Boulevard 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 for supplementing 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)

c. If the County does not assume maintenance responsibility, the 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 ~~May~~ July 1, 2000. (BLDG PERMIT: MONITORING-Eng)(DATE: MONITORING - Eng)

8. In order to comply with the mandatory Traffic Performance Standards, excavation shall be limited to seventy-six (76) acres per year or an equivalent acreage based upon a revised traffic study. This revised traffic study will be required to be submitted and approved by the Palm Beach County Traffic Division. An approved phasing plan shall be submitted to the DRC and shall be updated as required. (ONGOING: ENG)

F. ERM

1. A Chloride and Mercury Monitoring Plan addressing the time between site plan certification and the time at which chlorides are to be channeled around the property (Plan 1) and the time after which chlorides are no longer channeled around the property and placed into open pits (Plan 2) shall be submitted to the Department of Environmental Resources Management for review and approval prior to DRC Site Plan certification. (Previously Condition F.1 of Resolution R-97-0248, Petition 89-052(A) (DRC: ERM)

2. A minimum 400 foot wide wildlife corridor, except adjacent to the south one half of the east border of Section 20 which may be reduced to 200 feet, shall be established along the western border of the L-8 canal for the entire length of the property. A maximum 92 foot wide littoral shelf may encroach the 400 foot corridor. No littoral shelf shall be permitted to encroach the 200 foot wide segment. The wildlife corridor shall be shown with the proposed Okeechobee Road right-of-way on the Final Excavation Plan and all applicable site plans prior to DRC certification. (Previously Condition F.2 of Res. R-97-0248, Petition 89-052(A) (DRC: ERM)

3. A Landscape Plan which details the planting of the wildlife corridor, dedication of the corridor to Palm Beach County, and the long-term maintenance of the corridor vegetation shall be submitted to the Department of Environmental Resources Management for review and approval prior to DRC site plan certification. (Previously Condition F.3 of Resolution R-97-0248, Petition 89-052(A) (DRC: ERM)

4. Maximum depth of all excavation shall be -50 feet from OWL. (Previously Condition F.4 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ERM)

G. HOURS OF OPERATION

1. Condition G.1 of Resolution R-97-0248, Petition 89-0952(A) which currently states:

Excavation and hauling activity shall occur only between the hours of 6:00 am to 7:00 p.m., Monday through Friday, and 9:00 am to 5:00 p.m. on Saturday. No excavation or hauling activity shall occur on Sunday.

Is hereby amended to state:

2. Excavation, loading and hauling activity shall occur only between the hours of 6:00 a.m. to 10:00 p.m. Monday thru Friday and 7:00 a.m. to 5:00 p.m. on Saturday in all sections other than C and D. No excavation, loading or hauling activity shall occur on Sunday. (ONGOING: CODE ENF - Zoning)

3. Noise associated with excavation, loading and hauling activity from 7:00 p.m. to 10:00 p.m. shall not exceed 45 dBA as measured in the Performance Standards of Section 7.8. of the ULDC. Noise shall be measured from the east property line closest to the area under excavation.(ONGOING: CODE ENF)

4. The petitioner shall apply for a Development Order Amendment to amend conditions of approval herein to include findings conducted by a noise study from April 14, 2000 through July 15, 2000. The study shall monitor noise from 7 p.m. to 6 a.m. from the property line adjacent to the area under excavation. If excavation, loading or hauling activity creates noise in excess of 45 dBA, conditions of approval shall be imposed or amended to ensure compliance. (DATE: ZONING - Code Enf)

5. Hours of operation shall not apply to the accessory asphalt or concrete batch plant. (ONGOING: ZONING - Code Enf)

H. LANDSCAPE/BUFFERING

1. The petitioner shall provide a minimum twenty five (25) foot wide Alternative No. 4 landscape buffer along the north boundary of Sections 28 & 27 and east boundaries of Sections 17 and 20. (Previously Condition H.1 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

2. The DRC may permit the buffer required along Sections 17 and 20 by Condition H.1. above, and fifty percent (50%) of the required landscaping along Southern Boulevard, to be converted to an equivalent cash amount in order to purchase and install a greater number of smaller native trees within the wildlife corridor in order to enhance the habitat. All required native trees shall be a minimum of 18" high at time of planting. This conversion shall be subject to approval by ERM and the Zoning Division as an Alternative Landscape Betterment Plan. (Previously Condition H.2 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

3. The petitioner shall further enhance the wildlife corridor by providing one (1) native tree sapling, a minimum of eighteen inches (18") in height for every 2500 square feet of land area in the corridor. (Previously Condition H.3 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

4. All landscaping required in the wildlife corridor shall be installed prior to commencement of any excavation activity within Phase 3 (aka Lake #3), unless the wildlife corridor is dedicated to the County, including the associated funds to plant the landscaping as specified in Conditions H.1 - H.3 above. (Previously Condition H.4 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

5. All outdoor lighting used to illuminate the subject property shall be shielded and directed down and away from adjacent residential properties and streets. (CO/ONGOING: BLDG/CODE ENF - Zoning)

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

7. The required perimeter landscape buffer shall be installed adjacent to the asphalt batch/concrete plant if not located within the existing rock processing area. (DRC: ZONING - Landscape)

I. LITTORAL SHELVES

1. All littoral shelves along the following sections lines shall be constructed at a minimum 20:1 slope and be a minimum of 92 feet wide, measured from top of bank to edge of pit: east sides of Sections 17, 20, 29, 32, 27 and 34, south sides of Sections 32, 33 and 34, north side of Sections 28 & 27. (Previously Condition I.1 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ERM)

2. All littoral shelves shall be created by grading only. Littoral shelves shall not created by excavation. (Previously Condition I.2 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ERM)

J. MONITORING

1. The Excavation Activity Monitoring Report required by Section 7.6.H.5.a. of the ULDC shall be submitted on or before January 30 annually. This excavation activity report shall include certification and documentation that all seismograph instruments have been re-calibrated within the calender year.(Previously Condition J.1 of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Zoning)

2. The annual Excavation Activity Monitoring Report shall contain a current aerial photograph of the site clearly outlining the areas of current and completed excavation. The acreage of each area shall be provided. Additional information may be required by the Development Review Committee (DRC).(Previously Condition J.2 of Resolution R-97-0248, Petition 89-052(A) (ONGOING - Zoning)

3. The Maintenance and Monitoring Report of Reclaimed Areas required by Section 7.6.H.5.b. of the ULDC shall be submitted on or before January 30 annually. (Previously Condition J.3 of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Zoning)

4. In accordance with good record keeping practices, the petitioner shall maintain a daily blasting log with the following minimum information:

a. Name of operator or responsible person;

b. Date and time of blast;

c. Blast location (face and bench);

d. Monitoring location;

e. Distance to monitoring site;

f. Distance to nearest residential structure;

g. Lbs. of explosive, total;

h. Lbs of explosive/8 millisecond delay;

I. Peak ground vibrations for all 3 components of motion;

j. Peak airblast and frequency roll-off of the airblast channel;

k. Trigger settings for vibration and airblast;

l. Frequencies of peak ground vibrations; and

m. Other information required by the ULDC or as deemed necessary by the DRC. (Previously Condition J.4 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: DRC)

5. The blasting log shall be made available to the public or any government official on request. Previously condition J.5 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF)

6. The petitioner shall keep time histories (wave traces) for all events which exceed 0.10 in/sec. The petitioner shall provide written notification, with the seismograph reading, to the Zoning Director within 24 hours of any blasting event which exceed a ground vibration of 0.20 in/sec. (Previously Condition J.6 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF)

7. The petitioner shall maintain all blasting activity logs for a minimum of three (3) years.(Previously Condition J.7 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF)

K. PARKS/PLANNING

1. The petitioner shall coordinate with the County Park & Recreation Department in providing an end use plan that allows for public boating access to on site lakes and other public recreational uses within the projects boundaries. (Previously Condition K.1 of Resolution R-97-0248, Petition 89-052(A) (ONGOING - PARKS)

2. Should any archeological materials be uncovered, all work on the pit shall cease until such time as "the find" has been examined, catalogued, and recorded and preservation status determined, as required by ULDC Section 7.13 Archeological Resource Protection. (ONGOING: CODE ENF-PLANNING)

L. PHASING

1. Prior to certification of the Phasing Plan by the DRC, the Plan shall be revised to indicate completion of the subphases adjacent to the Wildlife Corridor along the L-8 canal first within Lakes 1 and 2. (Previously Condition L.1 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

2. A maximum of 3 subphases (maximum 240 acres) shall be in active excavation at any time. (Previously Condition L.2 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: CODE ENF - Zoning)

M. RECLAMATION

1. A minimum of 300 acres of reclaimed area shall be provided, consistent with the graphic depiction on the overall excavation plan submitted by the applicant dated November 22, 1996. (Previously Condition M.1 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

2. A minimum of 1 subphase shall be reclaimed annually, until completion of the project. (Previously Condition M.2 of Resolution R-97-0248, Petition 89-052(A) (ONGOING: ZONING)

3. Prior to December 31, 1999, the petitioner shall complete reclamation of all previously excavated areas within Lake 1. (Previously Condition M.3 of Resolution R-97-0248, Petition 89-052(A) (DATE: MONITORING - Zoning)

(Rest of page intentionally blank)

N. SEPARATION

1. The petitioner shall meet the following separation requirements, measured as a radius from the closest residence to the edge of pit being excavated: (Previously Condition N.1 of Resolution R-97-0248, Petition 89-052(A) (DRC: ZONING)

SEPARATION

Property Line

Separation

North - Section 17 900 feet

North - Section 28 & 27 1120 feet

South - Section 32 900 feet

South - Section 33 900 feet

East - Sections 17 & 20 900 feet

East - Sections 27 & 34 1320 feet

West 900 feet

O. SETBACK

1. The petitioner shall comply with the following minimum setbacks, measured from the property line to the top of bank:

SETBACKS

Property Line	Required Setback
North - Section 17	50 feet
North - Section 28 & 27	568 feet
South	108 feet
East - Section 17	308 feet
East - Section 20	450 feet
East - Sections 27 & 34	108 feet
West	795 feet
Internal R-O-W	50 feet
Processing Equipment	2000 feet from residential uses/800 feet from all property lines, whichever is greater
Stockpiles	Same as above
Accessory buildings	100 feet

(Previously Condition O.1 of Resolution R-97-0248, Petition 89-052(A)

P. SIGNS

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

a. Maximum sign height, measured from finished grade to highest point - ten (10) feet;

b. Maximum sign face area per side - 100 square feet;

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

d. Style - monument style only. (Previously Condition P.1 of Resolution R-97-0248, Petition 89-052(A) (CO: BLDG)

Q. COMPLIANCE

2. Condition Q.1 of Resolution R-97-0248, Petition 89-052(A) which currently states:

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.

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.

Gary Brandenburg, agent, noted the following in his presentation:

The petitioner had agreed with the neighbors to implement what will be essentially a 60-day testing period during which the petitioner will operate limited equipment for extended hours during the evening.

The testing period will allow the mine to fine-tune operations to ensure they do not affect neighbors as well as allow the neighbors to experience the extended operations. It would further give the petitioner the opportunity to resolve all issues with the neighbors.

The Board would be asked today to make certain condition amendments and adopt a resolution imposing them during the testing period.

The petition would be back before the Board in July with additional information.

Zoning Director Whiteford directed the Board's attention to the modified Conditions G.1, G.3, G.4, and H.7 on the Amendments to the Agenda:

Revised Condition G.1:

Excavation, loading and hauling activity shall occur only between the hours of 6:00 a.m. to 9:00 p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday in Sections C and D, or any area within 2,500 feet of a residential area. No excavation, loading or hauling activity shall occur on Sunday. (ONGOING: CODE ENF)

Revised Condition G.3:

Noise associated with excavation, loading and hauling activity from 7:00 p.m. to 10:00 p.m. shall not exceed 45 dBA as measured in the Performance Standards of Section 7.8. of the ULDC. Noise shall be measured from the ~~east~~ residential property line closest to the area under excavation.(ONGOING: CODE ENF)

Revised Condition G.4:

The petitioner shall apply for a Development Order Amendment prior to August 1, 2000, to evaluate ~~amend~~ conditions of approval herein and to include findings conducted by a noise study from April 14, 2000 through July 15, 2000. The study shall monitor noise from 7 p.m. to 6 a.m. from the residential property line adjacent to the area under excavation. If excavation, loading or hauling activity creates noise in excess of 45 dBA, conditions of approval shall be imposed or amended to ensure compliance with condition G.3. (DATE: ZONING - Code Enf)

Revised Condition H.7:

The required perimeter landscape buffer shall be installed adjacent to the asphalt batch/concrete plant if the plant is not located within the existing rock processing area. (DRC: ZONING - Landscape)

(CLERK'S NOTE: The Amendments to the Agenda contained two sheets of condition revisions for Petition DOA89-52[B], which were duplicative of each other with the exception of the following added Condition G.6 on one sheet.)

Excavation, hauling, and loading activity from 6:00 p.m. to 9:00 p.m. shall occur a maximum of 20 times annually. Biannually, the petitioner shall provide notification to the Zoning Division and Code Enforcement of the next 10 days on which extended hours will occur. (ONGOING: ZONING - Code Enf)

Agent Brandenburg made the following condition requests:

Condition C.1 would not be considered until the July hearing.

~~1. Condition C.1 of Resolution R-97-0248, Petition 89-052(A) which currently states:~~

Revised Condition G.1. No change from the Amendments to the Agenda.

Revised Condition G.3. No change from the Amendments to the Agenda.

Revised Condition G.4. Amendment to read:

The petitioner shall apply for a Development Order Amendment prior to August 1, 2000, to evaluate amend conditions of approval herein and to include findings conducted by a noise study from April 14, 2000 through July 15, 2000. The study shall monitor noise from 7 p.m. to 6 a.m. from the residential property line adjacent to the area under excavation. If excavation, loading or hauling activity creates noise in excess of 45 dBA, conditions of approval shall be imposed or amended to ensure compliance with condition G.3. (DATE: ZONING - Code Enf)

The petition shall be rescheduled before the Board of County Commissioners in July for a development order amendment to evaluate conditions of approval herein and include findings conducted by a noise study and blasting study from April 14, 2000, to July 15, 2000. The study shall monitor noise from 7 p.m. to 6 p.m. from the adjacent residential property line in accordance with the ULDC. At that time, the Board shall consider appropriate amendments to conditions relating to noise, blasting, hours of operation, and issues related thereto.

Added Condition G.6 would not be added to the conditions.

Revised Condition H.7. No change from the Amendments to the Agenda.

PUBLIC COMMENT:

Eleanor Halperin, agent for the communities of Equestrian Estates, Deer Run, and White Fences, agreed to the conditions as noted by Mr. Brandenburg. She noted that the blasting study would be performed during the day, as it has been, between 4:00 p.m. and 4:30 p.m., not in the middle of the night.

Zoning Director Whiteford made the following comments:

Further consideration of the petition would be rescheduled for July 27, 2000.

The petitioner would bear the cost of the studies referenced by Mr. Brandenburg.

Staff would like to reserve the right to review the parameters of the studies with the petitioner before finalization.

Staff would like to coordinate review with the neighbors.

Mr. Brandenburg agreed with Mr. Whiteford's remarks.

Assistant County Attorney Alterman advised that the Board adopt a resolution today amending the conditions as stated, such resolution to be effective until July 27, 2000, and continue this public hearing until the July 27 date. Continuing the public hearing obviated reapplication and readvertisement.

Commissioner Masilotti suggested allowing for a maximum of up to July 27. In case there was a problem beforehand, he said, it could be "nipped in the bud." Ms. Alterman advised that if this was done, the petition would have to be readvertised to bring it back earlier. Mr. Masilotti reiterated the need for caution.

MOTION to adopt a resolution for Petition DOA89-52(B), subject to the conditions as amended, and to continue the public hearing until July 27, 2000. Motion by Commissioner Masilotti and seconded by Commissioner Aaronson.

The Board made their disclosures at this time.

UPON CALL FOR A VOTE, the motion carried 7-0.

4.D. PREVIOUSLY POSTPONED PBIA GOLF COURSE APPEAL

4.D.27. See Page 4.

5. DIRECTOR COMMENTS

5.A. ZONING DIRECTOR

5.A.27-1.

ADMINISTRATIVE INQUIRY 2000-02 FOR PETITION PDD95-19, JONES PLANNED UNIT DEVELOPMENT, AKA CASCADES, CONCERNING A TEMPORARY ACCESS ON HAGEN RANCH ROAD. DELETED FROM AMENDMENTS TO THE AGENDA 3-23-2000

Zoning Director Whiteford said this item had been added to the Amendments to the Agenda (as Item 5.C.29.) for inclusion under the County Engineer's comments. There was no reason to consider the matter today; therefore, it would not be added to the Agenda.

5.A.27.-2.

LOCATION OF FLORIDA POWER & LIGHT COMPANY SUBSTATION IN THE AGRICULTURAL RESERVE. DISCUSSED 3-23-2000

Zoning Director Whiteford reported that staff had worked very closely with Commissioner Aaronson and representatives of Florida Power & Light Company (FP&L) to identify projects in the Agricultural Reserve that may suit the company's needs for a substation (known as the Marlin substation) in the area. To date, only one project has come into the area but it did not meet FP&L's needs. Staff will continue to hold open communication on the matter with FP&L.

5.B. PLANNING DIRECTOR

5.B.28.

INITIATION OF AMENDMENT ROUND 2000-2. APPROVED INITIATION BUT POSTPONED PEANUT ISLAND TO APRIL 4, 2000, AND ADDED 13TH STREET (OLD DIXIE HIGHWAY TO AUSTRALIAN AVENUE) 3-23-2000

Staff Recommendation: Initiation of the proposed amendments presented in Exhibit I. (The amendments presented in Exhibit II are listed for informational purposes only.)

Land Use Advisory Board Recommendation: Approval of staff recommendation.

EXHIBIT I: AMENDMENTS PROPOSED IN INITIATION ROUND 2000-2

a. PROPOSED GENERAL TEXT AND MAP SERIES AMENDMENTS

(1) USABLE OPEN SPACE

This amendment will modify the Introduction/Administration Element as follows:

Examine, and revise as necessary, the definition of Usable Open Space to include certain impervious surfaces such as plazas.

May add a definition for "plaza."

(2) FUTURE LAND USE REVISIONS

This amendment will modify the Future Land Use Element as follows:

Revise the element and update text as identified during the amendment process.

(3) RURAL CLUSTER PLANNED DEVELOPMENT (RCPD)

This amendment will modify the Future Land Use Element and the Introduction/Administration Element as follows:

Revise both elements to establish the RCPD, a planned development pattern which requires onsite open space preservation and allows for density bonuses and clustering of single-family homes. (Continued from Amendment Round 99-2)

(4) UTILITY ELEMENT UPDATES

This amendment will modify the Utility Element as follows:

Update language related to the Managed Growth Tier System.

Update water and wastewater Level of Service (LOS) Tables for the Seminole Water Control District.

Add West Palm Beach Utilities LOS (as a result of services being extended to shopping centers in the Acreage and the Groves).

(5) NONRESIDENTIAL INTERCONNECTIVITY

This amendment will modify the Transportation Element as follows:

Add policies for commercial interconnectivity similar to the policies related to the interconnectivity of residential uses.

(6) PALM BEACH GARDENS ROADWAY LOS

This amendment will modify the Transportation Element as follows:

Establish a Constrained Roadway at a Lower Level of Service (CRALLS), Transportation Concurrency Exemption Area (TCEA), or other Level of Service (LOS) revision for several roadways in the Palm Beach Gardens area. Specific segments and methods have yet to be determined. This proposed amendment was requested by the City of Palm Beach Gardens.

(7) TIM MAP AMENDMENTS

This amendment will modify the Thoroughfare Right-of-Way Identification Map (TIM) as follows:

Revise specific roadway segments, including Quadrille Road, and urban interchanges.

(8) GENERAL MAP SERIES REVISIONS

This amendment will modify the Map Series and the Future Land Use Atlas (FLUA) as follows:

Revise specific maps in the Map Series, including several within the Transportation Element.

Revise the FLUA to amend the Palm Beach International Airport Overlay (PBIA-O) boundary around the properties in the former Town of Golfview.

b. COUNTY INITIATED SITE SPECIFIC AMENDMENTS

(1) EXURBAN FUTURE LAND USE ATLAS REVISIONS

This amendment will implement Land Use Element Policy 1.3-b to redesignate two antiquated subdivisions in the Exurban Tier (the Acreage and Palm Beach Country Estates) from RR-10 (Rural Residential 10) to RR-2.5.

(2) WNCSA RURAL RESIDENTIAL FUTURE LAND USE ATLAS REVISIONS

This amendment is part of the implementation of the Managed Growth Program and will evaluate the need to change the land use designation for subdivisions within the Western Northlake Corridor Study Area (WNCSA) from RR-10 (Rural Residential 10) to RR-5, consistent with the existing development pattern.

(3) COMMERCIAL CATEGORIES

This amendment will revise the Future Land Use Atlas to add commercial categories to parcels with a "C" designation. The amendment shall proceed from south to north, with specific parcels identified through the amendment process.

(4) AG RESERVE COUNTY PROPERTIES

This amendment on various properties in the Agricultural Reserve (Ag Reserve), sizes to be determined, will add notes (AGR [Agriculture] to Preserve Area) to the Future Land Use Atlas that County-owned properties in the Ag Reserve have no density associated with them.

(5) PEANUT ISLAND

This amendment on an 80-acre property (Peanut Island) located at the mouth of the Palm Beach Inlet, south of the Blue Heron Boulevard Bridge, will change the land use designation from CON (Conservation) to CR (Commercial Recreation) in order to better reflect the uses supported by the County in the Port Master Plan.

(6) 2000-56 COM 1

This amendment on a 7.5-acre property (Waterford Crossing Multiple Use Planned Development) located at the southwest corner of Okeechobee Boulevard and Jog Road will remove the underlying IND (Industrial) land use category to reflect the property's Commercial High land use (CH/IND to CH). (Zoning Petition 89-127)

(7) 2000-56 COM 2

This amendment on a 10.44-acre property (Palm Beach Acura) located approximately 500 feet west of Jog Road on the south side of Okeechobee Boulevard will remove the underlying IND (Industrial) land use category to reflect the property's Commercial land use (C/IND to CH). (Zoning Petition 79-148)

(8) 2000-64 CHX 1

This amendment on a 12.27-acre property (Brighton Summit) located approximately 850 feet east of Military Trail on the north side of Summit Boulevard will remove the C (Commercial) designation pursuant to Future Land Use Element Policy 2.2.2-d since the parcel is using the underlying HR-8 (High Residential 8) (C/8 to HR-8). (Voluntary Density Bonus Zoning Petition 98-53; building permits have been obtained)

(9) 2000-94 RES 1

This amendment on a 5.76-acre property (Hunters Court) located approximately 600 feet east of Military Trail on the north side of Coconut Lane will remove the C (Commercial) designation pursuant to Future Land Use Element Policy 2.2.2-d since the parcel is using the underlying MR-5 (Medium Residential 5) (C/5 to MR-5). (Zoning Petition 98-30; building permits have been obtained)

(10) 2000-82 RES 1

This amendment on 54.84 acres (collectively) (Brynteson Nursery Planned Unit Development [PUD]) located approximately 0.50 mile west of Military Trail on the south side of Lantana Road will amend the land use designation for the subject properties from LR-3 (Low Residential 3) to MR-5 (Medium Residential 5). The properties were mistakenly included within the Winston Trail PUD boundary on Future Land Use Atlas Map 82.

(11) 2000-99 RES 1

This amendment on a parcel (Enclave Planned Unit Development), size to be determined, located approximately 2,000 feet west of Military Trail on the south side of West Atlantic Avenue will remove the C (Commercial) and INST (Institutional) designations pursuant to Future Land Use Element Policy 2.2.2-d since the parcel is using the underlying MR-5 (Medium Residential 5) and HR-5 (High Residential 5). (Zoning Petition 98-40; building permits have been obtained)

(12) 2000-99 RES 2

This amendment on 18.89 acres (collectively) (Heritage Park Planned Unit Development [PUD]) located approximately 0.20 mile north of Atlantic Avenue between Via Flora and El Clair Ranch Road will amend the land use designations for the property from MR-5 (Medium Residential 5) and HR-12 (High Residential 12) to HR-12. The PUD was approved prior to the 1989 Comprehensive Plan at a density of 12 units per acre. The amendment seeks to correct a scrivener's error on Future Land Use Atlas Map 82 wherein a portion of the property is designated MR-5.

c. COUNTY-INITIATED CORRECTIVE SITE SPECIFIC AMENDMENTS

(1) 2000-29 RES 1

This amendment on a 11.45-acre property (Claartje) located at the northwest corner of Northlake Boulevard and Memorial Park Road will change the future land use designation on the site to an urban density in order to reflect a change to the Urban Service Area Boundary that occurred with the adoption of the Managed Growth Tier System.

(2) 2000-57 CHX 1

This amendment on a 13.12-acre property (Kelly Tractor) located approximately 0.25 mile west of Haverhill Road on the south side of Okeechobee Boulevard will remove the cross-hatching from the southern portion of the property to reflect the commercial zoning approval the entire property received before the present Comprehensive Plan's adoption.

(3) 2000-119 RES 1

This amendment on 38.63 acres (collectively) (Canal Point) located on the east side of State Road 7 (U.S. 441) and extending approximately two miles north of the unincorporated Glades area community of Canal Point will amend the 69 properties located outside the Urban Service Area Boundary from AP (Agricultural Production) to RR-2.5 (Rural Residential 2.5). The AP designation requires a minimum lot size of 10 acres for 1 unit. The subject properties are individual lots in recorded subdivisions, and each lot totals 1 acre or less.

EXHIBIT II: 2000-2 FUTURE LAND USE ATLAS AMENDMENTS IN PROCESS

The following items are being privately initiated and are listed for informational purposes only.

d. PRIVATELY INITIATED SITE SPECIFIC AMENDMENTS

(1) 2000-61 COM 1

This amendment on a 16.92-acre property (B Road Commercial) located at the northeast corner of B Road and Southern Boulevard will change the land use designation from RR-10 (Rural Residential 10) to CL (Commercial Low). Agent: Land Design South.

(2) 2000-80 COM 1

This amendment on a 1.03-acre property (SR 7/Lantana) located at the southwest corner of State Road 7 (U.S. 441) and Lantana Road will change the land use designation from RR-10 (Rural Residential 10) to CL (Commercial Low). Agent: Charles Putnam & Associates.

(3) 2000-82 MLU 1

This amendment on a 19.18-acre property (Military/Hypoluxo) located approximately 690 feet north of Hypoluxo Road on the east side of Military Trail will change the land use designation from MR-5 (Medium Residential 5) to MLU (Mixed Land Use [CH-O, CL-O, INST, and MR-5). Agent: David Carpenter & Associates.

(4) 2000-106 COM 1

This amendment on a 17.96-acre property (SR 7/Clint Moore) located at the southeast corner of Clint Moore Road and State Road 7 (U.S. 441) will change the land use designation from MR-5 (Medium Residential 5) to CL/5 (Commercial Low with an underlying 5 units per acre). Agent: Kilday & Associates.

Planning Director Duke stated that the Unified Land Development Code and the Comprehensive Plan require that prior to starting work on any Comprehensive Plan amendment round that Planning staff bring before the Board of County Commissioners the items proposed for consideration in the round. This is usually done at a transmittal hearing for a plan amendment round, he said, but because of the schedule approved by the Board for Amendment Round 2000-1, staff is unable to delay initiation of Amendment Round 2000-2. Therefore, staff was before the Board to request authorization to begin work on plan amendments that would constitute Amendment Round 2000-2.

Planning Director Duke then reviewed the Proposed General Text and Map Series Amendments (Item 5.B.28.a.), to which he added the following:

Revision to Nonresidential Interconnectivity (Item 5.B.28.a.[5]) - This would be changed to Interconnectivity, based on Commissioner Newell's directive earlier in the meeting (see Page 41).

Revision to TIM Map Amendments (Item 5.B.28.a.[6]) - Additional text language may be required to better identify the purpose of the thoroughfare map.

Addition of a proposed amendment to raise the level of service on Loxahatchee River Road in order to better identify the residential character of that roadway and neighborhoods that serve that roadway.

This amendment was suggested by Commissioner Marcus.

Commissioner Newell expressed concern that raising the level of service on this one road would potentially damage other properties in the area, violating the Bert J. Harris, Jr., Private Property Rights Protection Act.

Assistant County Attorney Alterman said that staff would have to look into such matters and report back to the Board. She noted that statute required the Board to set level of service on a facility-by-facility basis.

Commissioner Newell said that if the Board started changing road levels, many communities may come forward to request the same thing. That would lead to a disordered state of affairs throughout the County.

Commissioner McCarty advised that the matter be brought forward in workshop rather than in public hearing, given the large number of members of the public who would attend the latter.

Mr. Duke said he would work with Engineering to schedule a workshop on the concept rather than initiate in this round.

Addition of a proposed amendment to add a note to the TIM Map for Hood Road.

This amendment was put forward by Commissioner Marcus.

Commissioner Marcus said if the Hood Road corridor or some connector (whether north-south or "straight up") is approved by the Board, one of the biggest community concerns is that it not be a four- or six-lane highway. Currently on the thoroughfare map, it is shown as a 120-foot right-of-way. Ms. Marcus suggested that it be a 60-foot right-of-way.

Commissioner Newell pointed out that right-of-way reduction would restrict the road from any kind of landscape median or any kind of amenities, such as traffic calming.

Mr. Duke said initiation today would keep the door open to further action. He told Commissioner Marcus that the next time for amendment initiation would be in December 2000. It would not be a problem if the Board wished to initiate an additional item within the next two or three weeks, but Planning would have to take initiated projects through a Land Use Advisory Board public hearing and would have to have time to prepare staff reports.

Commissioner Marcus recommended waiting to address the Hood Road item until the April 18, 2000, meeting.

Addition of a proposed amendment adding 13th Street from Old Dixie Highway to Australian Avenue to the thoroughfare plan.

This amendment was requested by Commissioner Marcus.

Commissioner Marcus noted that the Port of Palm Beach and City of Riviera Beach wanted to make this roadway section the entryway to the port and to Harbor Village.

Planning Director Duke introduced the County Initiated Site Specific Amendments.

Peanut Island (Item 5.B.28.b.[5]).

Commissioner Marcus asked to postpone the item for one week because of its potentially controversial nature. She said she wished to coordinate the item better with the port, Parks and Recreation Department, and other concerned persons.

Planning Director Duke said the Parks and Recreation Department had expressed agreement with Planning that Conservation was not an appropriate land use for Peanut Island. Commissioner Marcus commented that she had not heard that from the department and reiterated her request for a postponement. Mr. Duke said staff was working to schedule a meeting with port representatives because the Comprehensive Plan requires such discussion on issues associated with Peanut Island.

Commissioner Newell observed that Peanut Island needed sewer services and asked staff to include that in their meeting with the Port of Palm Beach.

Western Northlake Corridor Study Area (WNCSA) Rural Residential FLUA Revisions (Item 5.B.28.b.[2]).

Commissioner Roberts asked Planning to provide the Board with a map of this proposed amendment. Planning Director Duke said he would meet with the Commissioners individually with an area subdivision map before providing anything in a public hearing context.

County Initiated Corrective Site Specific Amendments were not discussed.

Privately Initiated Site Specific Amendments.

B Road Commercial (Item 5.B.28.d.[1]).

Commissioner Masilotti initiated discussion on this item.

Planning Director Duke explained that the item was in the Sector Plan area and that staff had informed the property owner and agent that the Board had directed that staff not recommend approval for any changes in this area. He recalled that the agent had submitted the amendment with that proviso in Round 2000-1 and had persuaded the Land Use Advisory Board to continue the item to Round 2000-2. The agent had been put on notice, he said, that the issue will not have changed in the later round and that absent Board direction to the contrary, staff would be recommending denial of the amendment.

Farmers Market.

Commissioner Masilotti asked if there was any action the Board needed to take to allow for a farmers market in the Agricultural Reserve.

Planning Director Duke responded that the Agricultural Reserve Master Plan would be brought back to the Board on May 23, 2000, and that he hoped to get direction then to add the farmers market. Planning was working to convert the policies to enable staff to move expeditiously on the matter. It was going to be important to modify the Comprehensive Plan to reflect the Agricultural Reserve, he said, in order for the County to qualify for Department of Community Affairs grant funding for a variety of projects in the reserve. Mr. Duke added that staff was planning on conducting a workshop with the Land Use Advisory Board on the master plan in early May 2000, which would obviate problems with timing on other issues.

Density Reduction by Individual Property Owners.

Commissioner Masilotti noted recent problems stemming from individual property owners wanting to reduce their densities and that the Unified Land Development Code requires certain improvements as if their properties were at a higher density. He inquired into what changes, if any, were necessary in the Comprehensive Plan.

Planning Director Duke recalled that the Board had directed staff to look into modifying the drainage level of service and that the matter would be back before the Board on May 8, 2000.

Privately Initiated Amendments in the Agricultural Reserve.

Commissioner Marcus expressed concern that, in the Sector Plan area, each privately initiated amendment in the Agricultural Reserve necessitated a significant amount of work by staff. Planning Director Duke recalled that the Board had directed staff to review projects received during the current 18-month period.

Ms. Marcus asked what steps could be taken to free Planning from such review at this time. Assistant County Attorney Alterman said staff would look into the matter but that she believed the proper method would be a moratorium.

Ms. Marcus said deletion from the thoroughfare system requires a date and analysis to show that the deletion will not affect surrounding roadways. She reminded the Board that the Traffic Performance Standards Ordinance contains a checklist to be completed before any such initiation. She asked that should the issue ever brought back, the Board be informed of all communities seeking road deletion.

Assistant County Attorney Banks told Commissioner Aaronson that it was in the Board's discretion to withhold adoption of Comprehensive Plan amendments while a planning study was in progress. Staff could schedule the issue as a possible policy for Board consideration, he said; it would not have to be done as a Comprehensive Plan amendment.

Mr. Duke acknowledged to Commissioner Masilotti that review of privately initiated amendments has been cumbersome to this point and detailed certain problems concerning a postponed amendment.

(CLERK'S NOTE: Commissioner McCarty left the meeting.)

Commissioner Aaronson asked if the Board could impose a severe financial penalty on an application that is withdrawn or postponed at the eleventh hour after staff has done a considerable amount of work. Mr. Duke said that in the past, staff has charged applicants with additional advertising costs but has not recovered staff time costs. Mr. Aaronson proposed devising a method for such recovery.

Commissioner Roberts cautioned that postponements had to be dealt with differently than withdrawals.

Mr. Aaronson suggested that the Board ask staff to return with some idea of what should be charged when an applicant postpones unnecessarily and when an applicant withdraws.

Ms. Roberts requested a definition of "unnecessarily."

Focusing on the Sector Plan area, Ms. Marcus added that staff should return with options concerning "no need to apply because you cannot get in the system."

MOTION to initiate the proposed amendments presented in Exhibit I in Amendment Round 2000-2 but to postpone Peanut Island (Item 5.B.28.b.[5]) until the April 4, 2000, Board meeting, and to add 13th Street from Old Dixie Highway to Australian Avenue. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent.

5.C. COUNTY ENGINEER

5.C.29. See Item 5.A.27.-1., Page 59.

6. COMMISSION COMMENTS

6.A. COMMISSIONER TONY MASILOTTI

6.A.30.

NATION'S LARGEST EQUESTRIAN SHOW TO BE HOSTED BY PALM BEACH COUNTY IN MAY 2000. DISCUSSED 3-23-2000

Commissioner Masilotti expressed pleasure that Palm Beach County would host the nation's largest equestrian show in May 2000. Relocation of the event to the County would be announced today, he said.

7. ADJOURNMENT

The Chair declared the meeting adjourned at 12:24 p.m.

ATTESTED: APPROVED:

Clerk Chair