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 June 29, 2000, at 9:33 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 - Absent
Commissioner Karen T. Marcus - Absent
Commissioner Tony Masilotti
Commissioner Carol A. Roberts
Assistant County Attorney Barbara Alterman
Deputy Clerk Joan Haverly

1.B.1. PRAYER - Commissioner Roberts

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 June 29, 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 6-29-2000

MOTION to receive and file Proofs of Publication 665705, 665706, 681172, 681382, and 710177. 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], 652501 [2-24-2000], 653170 [5-25-2000], 693574 [3-23-2000], and 700422 and 700423 [4-27-2000]. These public hearings were continued to today's meeting.)

1.E. SWEARING-IN - County Attorney

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.

(CLERK'S NOTE: Agenda adoption was later reconsidered. See Page 6.)

1.F.1. AMENDMENTS TO AGENDA

Page Item Petition/Change

6 4.C.11. Petition EAC76-165(B) (Olympus Village PUD): Modify Condition B.3

6 4.C.12. Petition PDD77-21(E) (Royal Palm Polo): Add Condition C.3 and modify Condition L.5.

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

I.H. UNSCHEDULED ITEMS - None

2. SPECIAL PRESENTATIONS - See Pages 2-4.

3 POSTPONEMENTS AND WITHDRAWALS - See Pages 4-6.

4. CONSENT AGENDA - See Pages 6-41.

5. REGULAR AGENDA - See Pages 41-73.

6. DIRECTOR COMMENTS

ZONING DIRECTOR COMMENTS - None

PLANNING DIRECTOR COMMENTS - None

COUNTY ENGINEER COMMENTS - None

7. COMMISSION COMMENTS - See Page 73.

8. ADJOURNMENT - See Page 73.

*****

2. SPECIAL PRESENTATION:

Palm Beach County Special Awards

Planning, Zoning and Building (PZ&B) Executive Director Dominic Sims expressed his pleasure in acknowledging awards honoring Palm Beach County. He thanked the Board without whose vision, leadership, and direction the awards would not be possible; County Administration staff for their support and guidance; and, in particular, PZ&B staff and other agencies for their contributions.

2.A.

NATIONAL ASSOCIATION OF COUNTIES (NACO) "BEST OF CATEGORY" 2000 ACHIEVEMENT AWARD. DISCUSSED 6-29-2000

Planning Director Frank M. Duke said it was his pleasure to acknowledge the National Association of Counties (NACo) "Best of Category" 2000 Achievement Award given to Palm Beach County for the Lake Okeechobee Scenic Trail project. In addition, the project would be honored as the most outstanding economic development project in the nation at NACo's conference next month in Charlotte, North Carolina.

Senior Planner Vicki Silver, project manager, said the Lake Okeechobee Scenic Trail encircles the lake, an area of about 110 miles, and was designed to attract hikers, bikers, equestrians, and other recreational users in order to help diversify the economy in the Glades area and entire lakeside community.

2.B.

TREES FLORIDA 2000 AWARD. DISCUSSED 6-29-2000

Zoning Director William C. Whiteford introduced the Trees Florida 2000 Award which had been received by the Zoning Division in the area of "large township over 50,000" for their efforts in educating the public on pruning. The award had been presented at the Trees Florida 2000 state conference in Tarpon Springs earlier this month.

Principal Site Planner Jon Macgillis recalled that several months previously, the Unified Land Development Code was amended by the adoption of new pruning regulations. In an effort to institute and enforce those regulations, the Zoning Division had implemented a public education program. This program included the following:

Mailing an informative letter to 3,000 persons in the landscape industry and larger homeowner associations;

Creating a how-to pruning pamphlet, available in the Zoning Division, which outlines basic technical requirements and enforcement procedures; and

Posting on the Internet pruning guidelines that walk the user through basic code provisions and benefits of the new standards.

Mr. Macgillis said he was happy to report that there has been a significant decrease in the number of complaints received as well as much positive feedback from the public in general.

2.C.

AMERICAN PLANNING ASSOCIATION (APA) 2000 CURRENT TOPIC AWARD FOR GROWTH SMART INITIATIVES AND APPLICATIONS. PRESENTED 6-29-2000

Planning Director Duke announced that the final honor being acknowledged today was the American Planning Association (APA) 2000 Current Topic Award for Growth Smart Initiatives and Applications. In April of this year, the award was presented to Palm Beach County at a ceremony in New York City in recognition of the County's development of the Managed Growth Tier System. Mr. Duke then introduced a brief video, which had been shown at the ceremony, that introduced Palm Beach County to planners from around the country.

Principal Planner Elizabeth Miller, project manager, commended a number of groups for their work and dedication on the managed growth program: the Policy Development Task Force, the Land Use Advisory Board, the Planning, Zoning and Building staff, and, most significantly, the Board of County Commissioners. It was the Board's vision and leadership that was the catalyst for the program, she said.

Ms. Miller then presented the Board with the award.

Commissioner Roberts observed that NACo had asked Mr. Duke to be a presenter at their annual conference next month. She praised the contributions of Mr. Duke and Ms. Miller to the managed growth program.

Commissioner Aaronson thanked the staff for the outstanding work they have done and will continue to do in the future.

Commissioner Lee said that that sentiment was shared by the rest of the Board and praised the quality of the staff.

Commissioner Newell noted that last week, Palm Beach County had been honored with awards from NACo for the Countywide Community Revitalization Team (CCRT), Agricultural Reserve, and environmentally sensitive lands. He said he was very proud of the staff and their work.

Commissioner Masilotti remarked that the awards would not have been possible without 70 percent of the voters of Palm Beach County having taken time out of their busy schedules to support the environmentally sensitive lands acquisition bonds referendum in March 1999. He thanked the voters and said the Board was doing everything it could to keep its promises to use the money wisely.

Commissioner Lee expressed gratitude to the advisory groups who had given much time and effort to the managed growth program.

3. POSTPONEMENTS AND WITHDRAWALS

3.A. POSTPONEMENTS

3.A.1. PETITION 99-77

PETITION PDD99-77 (OKEECHOBEE/441 PUD) OF ARTHUR LEIBOVIT, HELEN GODFRIEND, AND IRVING DENMARK, BY LAND DESIGN SOUTH, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 37.82-ACRE PROPERTY LOCATED APPROXIMATELY 375 FEET EAST OF STATE ROAD 7 (U.S. 441) ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD. (P.O.P. 700422 AND 700423 [4-27-2000]) POSTPONED TO JULY 27, 2000 -- 6-29-2000

Staff Recommendation: Postponement until July 27, 2000. (Postponement requested by petitioner at Zoning Commission.)

No backup provided.

3.A.2. PETITION 98-13

PETITION DOA98-13(A) (MILITARY & LANTANA MULTIPLE USE PLANNED DEVELOPMENT) OF SOUTHERN DEVELOPMENT SERVICES, INC., BY ROBERT A. BENTZ, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO ALLOW A GENERAL DAYCARE FACILITY AS A REQUESTED USE ON THE 8.11-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MILITARY TRAIL AND LANTANA ROAD. (P.O.P. 700422 AND 700423 [4-27-2000]) POSTPONED TO JULY 27, 2000 -- 6-29-2000

Staff Recommendation: Postponement until July 27, 2000. (Postponement requested by petitioner at Zoning Commission.)

No backup provided.

3.A.3. PETITION 2000-006

PETITION Z2000-006 (HAHN PROPERTY) OF THOMAS HAHN, BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO CG-GENERAL COMMERCIAL FOR THE 2.3-ACRE PROPERTY LOCATED APPROXIMATELY ONE MILE WEST OF MILITARY TRAIL ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE. (P.O.P. 665705 AND 665706) POSTPONED TO JULY 27, 2000 -- 6-29-2000

Staff Recommendation: Postponement by right until July 27, 2000. No motion required. (Postponement requested by petitioner at Zoning Commission.)

3.A.4. PETITION 99-30

PETITION CA99-30(A) (PALM BEACH COUNTY ESTATES PRE-SCHOOL) OF PALM BEACH COUNTY ESTATES HOMES, INC., BY STEVEN MICKLEY, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A DAYCARE ON THE 2.25-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF 64TH DRIVE NORTH AND DONALD ROSS ROAD. (P.O.P. 665705 AND 665706) POSTPONED TO AUGUST 24, 2000 -- 6-29-2000

Staff Recommendation: Postponement by right until August 24, 2000. No motion required. (Postponement requested by petitioner at Zoning Commission.)

3.A.5. 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 SEPTEMBER 28, 2000 -- 6-29-2000

Staff Recommendation: Postponement until September 28, 2000. (Postponement requested by petitioner; staff has no objection.)

3.A.6. PETITION 95-83

PETITION DOA95-83(C) OF LANE BOATHOUSE LC/WILBUR AND EVA LANE, BY DANIEL ROSENBAUM, AGENT, TO APPEAL A RESOLUTION APPROVING A DEVELOPMENT ORDER AMENDMENT (DOA) BY MODIFYING CONDITIONS OF APPROVAL FOR THE 0.22-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE SOUTH OF THE MARTIN COUNTY LINE ON THE EAST AND WEST SIDES OF A1A (STATE ROAD 707). (P.O.P. 681382) POSTPONED TO SEPTEMBER 28, 2000 -- 6-29-2000

Staff Recommendation: Postponement until September 28, 2000.

4.B.9. PETITION 96-81

PETITION DOA96-81(A) (VILLAGES OF WINDSOR) OF AN-SCA HOMES, BY JOE LELONEK, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE MASTER PLAN AND REDESIGNATE THE HOUSING-TYPE PETITION FOR THE 577.46-ACRE PROPERTY LOCATED AT THE NORTHEAST, SOUTHEAST, AND SOUTHWEST CORNERS OF HYPOLUXO ROAD AND LYONS ROAD. (P.O.P. 700422 AND 700423 [4-27-2000]) POSTPONED TO JULY 27, 2000 -- 6-29-2000

Staff Recommendation: Approval of the Development Order Amendment and adoption of a resolution affirming that action, subject to conditions.

Joe Lelonek, agent, requested a 30-day postponement to enable the petitioner to work with the Water Utilities Department.

Zoning Director Whiteford said that staff had no objection to the postponement.

RECONSIDER

MOTION to reconsider the motion adopting the Agenda. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 5-0. Commissioners McCarty and Marcus absent.

MOTION to add Item 4.B.9. to Postponements for a 30-day postponement. Motion by Commissioner Masilotti and seconded by Commissioner Aaronson.

PUBLIC COMMENT: None

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

(CLERK'S NOTE: The intent of the preceding action was the postponement of Items 3.A.1., 3.A.2., 3.A.5., 3.A.6., and 4.B.9. to the dates indicated.)

3.B. WITHDRAWALS

3.B.7. PETITION 99-74

PETITION PDD99-74 (PALM BEACH SPEEDWORLD) OF JOHN JANERO AND NANCY THORNTON, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM IL-LIGHT INDUSTRIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH AN ARENA, AUDITORIUM, OR STADIUM; AN OUTDOOR ENTERTAINMENT; A COMMERCIAL EQUESTRIAN ARENA; AND A WATER AND WASTEWATER TREATMENT FACILITY AS REQUESTED USES ON THE 79.9-ACRE PROPERTY LOCATED APPROXIMATELY 0.7 MILE NORTH OF THE BEELINE HIGHWAY ON THE EAST SIDE OF SEMINOLE PRATT WHITNEY ROAD. (P.O.P. 652501 [2-24-2000]) WITHDRAWN 6-29-2000

Staff Recommendation: Withdrawal. No motion required. (Withdrawn by petitioner.)

4. CONSENT AGENDA

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

4.B. PREVIOUSLY POSTPONED ZONING PETITIONS

4.B.8. RESOLUTION R-2000-0890

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. (REVOKES R-87-239 AND R-95-1727) (P.O.P. 693574 [3-23-2000]) ADOPTED WITH CONDITIONS 6-29-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Resolutions R-87-0239 and R-95-1727, granting approval of Petitions SE86-113 and Z94-085, are hereby revoked. (MONITORING)

2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved Preliminary Development Plan and conceptual site plan/regulating plan are dated May 15, 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 more than three (3) homes with the same elevation shall be placed next to each other; or,

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

For monitoring purposes, a lot analysis with elevation options and sequences shall be provided prior to final site plan approval of each pod. All residential units shall be constructed in accordance to this analysis. This obligation shall also be included in the Homeowners Association's documentation for future exterior color changes. (DRC/BLDG PERMIT: ZONING/BLDG/ZONING)

The proposed residential buildings within the PUD shall be designed consistent with the facade elevations by Garcia Brenner Stromberg Architects dated April 20, 2000. Minor modifications may be permitted provided the new architectural treatments are equal to or an upgrade of the original architectural treatment and are approved by the Architectural Review Section of the Zoning Division. (BLDG PERMIT: BLDG - 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: Twelve (12) feet

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

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

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

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

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

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

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

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

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

ENVIRONMENTAL RESOURCE MANAGEMENT

1. If the storage tank is greater than 500 gallons, it must be registered in accordance with Chapter 62-761, F.A.C. In addition, it appears that a fuel discharge may have occurred at this site. A Discharge Report Form should be submitted in accordance with Chapter 62-761, F.A.C., and appropriate cleanup activities undertaken in accordance with Chapter 62-770, F.A.C. The property shall be brought into compliance with these regulations prior to DRC Master Plan certification. (DRC: ERM)

E. ENGINEERING

1. The Property owner shall construct a directional left turn lane west approach and a directional median opening on Hypoluxo Road at the project's entrance road.

a. This construction shall be concurrent with the paving and drainage improvements for the site. All construction costs shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and modification of the existing median of Hypoluxo Road.

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)

2. 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 Haverhill Road:

a. 40 feet from centerline

b. additional right of way required for an expanded intersection at Haverhill Road and Hypoluxo Road on both roadways

All additional right of way shall be along the project's entire frontage, and free of all encumbrances and encroachments. The Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING - Eng)

3. 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)

4. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Haverhill Road and Hypoluxo 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)

5. On or before March 1, 2001, 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 Haverhill 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 Applicants 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 Haverhill Road. Adjustments to the drainage system shall be amended as required. (DRC: ENG)

7. Prior to the approval of the master plan by the DRC the Master Plan shall be amended to reflect any requested Gate House or similar structure for the site from future Haverhill Road. These structures will not be permitted unless minimum Palm Beach County Standards have been met. (DRC: ENG)

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

a. Building Permits for more than 24 single family dwelling units shall not be issued until construction has begun for widening of Hypoluxo as a 6 lane section from Military Trail to Lawrence Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng)

b. Building Permits for more than 125 single family dwelling units shall not be issued until construction has begun for widening of Hypoluxo Road as a 6 lane section from Congress Avenue to Lawrence Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng)

The mix of allowable residential uses, as permitted by the Zoning Division, listed above may be adjusted by the County Engineer only if based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Section 5.8 of the Unified Land Development Code. (DATE: MONITORING - Eng)

9. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF HYPOLUXO ROAD

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to provide landscape cutouts within the concrete median of Hypoluxo Road Right-of-way contiguous to the frontage. 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. 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 Palm Beach County 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 the removal or cutting out the existing concrete median as well as the installation of all landscape material, paver block or similar materials shall be funded at the property owners expense. When landscape cutouts are permitted the, landscaping shall consist of Landscape Material approved by the County Engineer. 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 to the issuance of the first certificate of occupancy. (CO: MONITORING - Eng)

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

F. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO LWDD L-17 CANAL)

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

a. A minimum twenty-five (25) foot wide landscape buffer strip, no reductions or easement encroachment shall be permitted. The widths of lots #3 and #10 may encroach the buffer a maximum of ten (10) feet to allow for an internal landscape focal point;

b. A six (6) foot wall, fence, hedge, or combination with a three (3) high berm, providing an opaque barrier at time of installation will be maintained at a minimum height of six (6) feet. The berm, if used, shall be measured from finished grade. The minimum spacing and height of the shrub and hedge material shall be pursuant to provisions of the ULDC;

c. One (1) canopy tree planted every twenty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the required canopy trees in that location within the buffer; and,

d. One (1) palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of sixty (60) feet between clusters. (CO: LANDSCAPE)

2. If a non-living barrier is installed within the above buffers, then, the landscaping materials required above shall be equally distributed on both sides of the barrier. (CO: LANDSCAPE)

G. LANDSCAPING ALONG THE SOUTH AND WEST PROPERTY LINES (ADJACENT TO HYPOLUXO ROAD AND HAVERHILL ROAD EXTENSION)

1. Landscaping and buffering along the south property line, from the PUD east property line to approximately 120' west, shall be upgraded to include:

a. A minimum twenty (20) foot wide landscape buffer strip with a maximum five (5) foot easement encroachment;

A minimum one (1) to three (3) foot high undulating berm with an average minimum height of two (2) feet, measured from top of curb;

c. One (1) canopy tree planted every thirty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the canopy trees in that location within the buffer;

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

e. 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)

Landscaping and buffering along the remaining portion of the south property line (approximately 543') and entire west property line shall be upgraded to include:

a. A minimum twenty-five (25) foot wide landscape buffer strip with a maximum five (5) foot easement encroachment;

A minimum two (2) to four (4) foot high undulating berm with an average minimum height of three (3) feet, measured from top of curb;

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

e. 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)

H. LANDSCAPING ALONG EAST PROPERTY LINE (ADJACENT TO CONCEPT HOMES)

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

a. A minimum twenty-five (25) foot wide landscape buffer strip, no reductions or easement encroachment shall be permitted;

b. A six (6) foot opaque wall or fence;

c. One (1) canopy tree planted every twenty (30) feet on center located on the exterior side of the wall or fence. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the required canopy trees in that location within the buffer;

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

Thirty (30) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation, maintained at a minimum height of thirty-six (36)inches, and located on both sides of the required wall or fence. (CO: LANDSCAPE)

MASS TRANSIT

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

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to Palm Tran, and County Engineer prior to issuance of a building permit for the 47th 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.16 of the ULDC, subject to approval by the County or City Engineer. (CO: BLDG - Eng)

2. Street trees shall be provided as follows, subject to the Engineering Department's approval:

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. Additional guest and overflow parking spaces within all townhouse pods shall be deleted and converted to additional greenspace. (DRC: ZONING)

5. Recreation uses provided in accordance with Section 6.8.B.4.A.(6)(b) 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)

6. No Flexible Regulations and Administrative Deviations from the required property development regulations for the residential units shall be permitted. Setback reductions for residential structures adjacent to open space or lake tracts may be permitted pursuant to ULDC.

7. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to show a focal point and/or pedestrian amenities at the terminus or midpoint of internal roadway, access tract, residential street (including T-intersections), or cul-de-sac consistent with the conceptual site plan dated May 15, 2000. This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain, gazebo, roundabout with landscaping, accent landscaping with lighting or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING)

8. Drainage easements shall not be permitted along the width and within the rear yards of the back-to-back units. (DRC: ZONING)

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

SCHOOL BOARD

1. The property owner shall post notice on 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 with the following:

"NOTICE TO HOME BUYERS/TENANTS"

"School age children may not be assigned to the public school closest to their residences. 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)

L. SIGN

1. Project identification signs fronting on Hypoluxo Road and Haverhill Road extension shall be limited as follows:

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

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

c. Maximum number of signs - One median sign at each entrance; and,

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

J. 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)

4.B.9. See Pages 5-6.

4.C. ZONING PETITIONS

4.C.10. RESOLUTION R-2000-0891

PETITION EAC99-41(A) (ENCLAVE SHOPPES) OF HOME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, BY H. P. TOMPKINS, JR., AGENT, FOR A DEVELOPMENT ORDER AMENDMENT/EXPEDITED APPLICATION CONSIDERATION (EAC) TO MODIFY/DELETE CONDITIONS OF APPROVAL FOR THE 2.0-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WEST ATLANTIC AVENUE AND MARKLAND LANE. (AMENDS R-2000-0118) (P.O.P. 681382) ADOPTED WITH CONDITIONS 6-29-2000

Staff Recommendation: Approval of the Development Order Amendment/Expedited Application Consideration 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 November 23, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet voluntary commitments or are in accordance with the ULDC. (ONGOING: ZONING) Previously condition A.1 of Resolution R-2000-0118)

B. BUILDING AND SITE DESIGN

1. The property owner shall provide the City of Delray with a copy of the Palm Beach County certified site plan, and any major changes proposed to the site plan shall be reviewed by the City. (DRC: ZONING-City of Delray) (Previously condition B.1 of Resolution R-2000-0118)

C. LANDSCAPING ALONG EAST PROPERTY LINES (ADJACENT TO MARKLAND LANE)

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

a. A minimum fifteen (15) foot wide landscape buffer strip;

b. One (1) canopy tree planted every twenty (20) feet on center;

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

d. A minimum one (1) to two (2) foot high undulating berm, with an average height of one and one-half (1.5) feet, measured from the top of the curb; and,

e. 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.

f. Petitioner shall install/incorporate a wall or fence into the landscape buffer between the first and second driveways to achieve an overall height of eight (8') feet. (CO: LANDSCAPE - Zoning) (Previously condition C.1 of Resolution R-2000-0118)

D. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO ATLANTIC AVENUE)

Condition D.1 of Resolution R-2000-0118, Petition 99-041 which currently states:

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

a. A minimum twenty-eight (28) foot wide;

b. One (1) native canopy tree planted every twenty (20) feet on center;

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

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

e. Thirty (30) inch high shrub or hedge material located on the plateau of the berm spaced twenty-four (24) inches on center at installation to be maintained a minimum of sixty (60) inches in height. (CO: LANDSCAPE - Zoning)

Is hereby amended to read:

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

a. A minimum twenty-eight (28) foot wide, to include a ten (10) foot utility easement;

b. One (1) native canopy tree planted every twenty (20) feet on center;

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

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

E. ENGINEERING

1. Prior to the issuance of a building permit the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional right of way for:

a. the construction of a right turn lane west approach on West Atlantic Avenue at Markland Lane. This right-of-way shall be a minimum of 280 feet in storage length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer.

b. Markland Lane, 40 feet from centerline.

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) (Previously condition E.1 of Resolution R-2000-0118)

2. The Property owner shall construct a right turn lane west approach on West Atlantic Ave at Markland Lane.

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

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

c. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng)(Previously condition E.2 of Resolution R-2000-0118)

3. LANDSCAPE WITHIN MEDIAN OF WEST ATLANTIC AVENUE

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

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

c. If the County does not assume maintenance responsibility, 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 the issuance of a Building Permit. (BLDG PERMIT: MONITORING-Eng) (Previously condition E.3 of Resolution R-2000-0118)

F. LANDSCAPING ALONG SOUTH AND WEST PROPERTY LINES (ADJACENT TO RESIDENTIAL)

Condition F.1 of Resolution R-2000-0118, Petition 99-041 which currently states:

1. Landscaping and buffering shall be upgraded to include:

a. A minimum fifteen (15) foot wide buffer strip;

b. One (1) native canopy tree planted every twenty (20) feet on center;

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

d. Six (6) feet high screen wall setback ten (10) feet from the south and west property lines and terminating twenty-five (25) feet south of W. Atlantic Avenue right-of-way; and,

e. Shrub or hedge material located on both sides of the wall to be maintained a minimum of sixty (60) inches in height. (CO: LANDSCAPE - Zoning)

Is hereby amended to read:

1. Landscaping and buffering shall be upgraded to include:

a. A minimum seven and one-half (7.5) foot wide buffer strip;

b. One (1) native canopy tree planted every twenty (20) feet on center;

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

d. Six (6) feet high screen wall setback ten (10) feet from the south and west property lines and terminating twenty-five (25) feet south of W. Atlantic Avenue right-of-way; and,

e. Shrub or hedge material located on both sides of the wall to be maintained a minimum of sixty (60) inches in height. (CO: LANDSCAPE - Zoning)

G. PLANNING

1. Prior to final site plan approval by the Development Review Committee (DRC), the site plan shall be revised to indicate a sidewalk along Markland Lane to the southern property line of the subject site since the site is within two (2) miles of a school. (DRC: PLANNING) (Previously condition G.1 of Resolution R-2000-0118)

H. SIGNS

1. Freestanding sign located at the corner of W. Atlantic Avenue and Markland Lane 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. (CO: BLDG)

(Previously condition H.1 of Resolution R-2000-0118)

I. LANDSCAPE - FOUNDATION PLANTING

1. Landscape islands shall be provided along the front and sides of all structures. The minimum width of the required landscape islands shall be five (5') feet. The combined length of the required landscape islands shall be no less than 40% of the total length of the applicable side of the structure. All required landscape islands shall be planted with a minimum of one (1) tree or palm every twenty (20) feet on center and appropriate ground cover. (DRC: LANDSCAPE) (Previously condition I.1 of Resolution R-2000-0118)

J. 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 commitment of this approval. (ONGOING: MONITORING - Zoning) (Previously condition J.1 of Resolution R-2000-0118)

2. Failure to comply with any of the voluntary commitments 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.

4.C.11. RESOLUTION R-2000-0892

PETITION EAC76-165(B) (OLYMPUS VILLAGE PLANNED UNIT DEVELOPMENT) OF MARINA CLINTON ASSOCIATES, LTD., BY RONALD KOLINS, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT/EXPEDITED APPLICATION CONSIDERATION (EAC) TO MODIFY/DELETE CONDITIONS OF APPROVAL FOR THE 16.23-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE EAST OF CONGRESS AVENUE ON THE SOUTH SIDE OF LANTANA ROAD. (AMENDS R-95-862) (P.O.P. 681172 AND 681382) ADOPTED WITH CONDITIONS AS AMENDED 6-29-2000

Staff Recommendation: Approval of the Development Order Amendment/Expedited Application Consideration and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Condition A.1 of Resolution R-95-0862, Petition 76-165(A) which currently states:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-76-1165 and R-76-1166, have been consolidated herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and/or the Board of County Commissioners, unless expressly modified. (MONITORING)

Is hereby amended to read:

All previous conditions of approval applicable to the subject property, as contained in Resolution R-95-0862, have been consolidated herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and/or the Board of County Commissioners, unless expressly modified. (MONITORING)

2. A master property owners' association encompassing all the property in the PUD shall be approved by the County Attorney's Office and recorded in the public records prior to approval of the master plan by the Development Review Committee. (Previously Condition A.2 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (COUNTY ATTORNEY)

3. The petitioner shall have three (3) years, from adoption of the resolution approving Zoning Petition 76-165(B), to commence development on the site. Only one (1) administrative time extension for a maximum of twelve (12) months may be granted. (DATE: MONITORING)

B. AFFORDABLE HOUSING

1. The voluntary density bonus (VDB) covenants shall guarantee the affordability of the designated low and very low income units for a period of fifteen years in a manner acceptable to the County Attorney, and shall be recorded in the public records of Palm Beach County prior to final site plan certification. (Previously Condition B.1 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (COUNTY ATTORNEY)

2. The applicant shall disperse the 52 minimum required low and very low income units within the proposed buildings in a manner acceptable to the Planning Division. (Previously Condition B.2 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (PLANNING)

3. Condition B.3 of Resolution R-95-0862, Petition 76-165(A) which currently states:

The VDB units shall not be further restricted beyond the requirement that the occupants qualify for the income limits. (PLANNING)

Is hereby amended to read:

Voluntary Density Bonus (VDB) Covenants shall be established which shall guarantee the use of the development as housing for older persons for a period of fifteen (15) years in a manner acceptable to the County Attorney and shall be recorded in the public records of Palm Beach County, Florida, prior to the issuance of the first building permit. (BLDG PERMIT-COUNTY ATTORNEY-PLANNING)

C. PARKING

1. Prior to certification of the preliminary development plan by the Development Review Committee, the plan shall be amended to include a twenty (20) foot wide "break away" barrier between the existing and proposed parking areas in the southwest portion of the site, subject to approval by the Department of Fire Rescue. (Previously Condition D.1 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ZONING)

2. Prior to certification of the preliminary development plan by the Development Review Committee, the petitioner shall submit a shared parking study in accordance with the requirements of the ULDC to reduce the number of required parking spaces to the maximum amount possible. (Previously Condition D.2 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ZONING)

D. There are no D conditions

E. ENGINEERING

1. Developer shall be required to file a boundary plat for the subject property. (Previously Condition E.1 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ENGINEERING)

[NOTE: Completed - Filed in P.B. 33 Pg. 79]

2. Developer shall construct at the intersection of the development's main entrance and Lantana Road:

a) Left turn lane from the east approach; and

b) Right turn lane from the west approach. (Previously Condition E.2 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ENGINEERING)

[NOTE: 2a has been completed; 2b may be considered completed as Lantana Road has been widened adjacent to the site]

3. Developer shall construct a four (4) lane entrance road. (Previously Condition E.3 of Resolution R-95-0862, Petition DOA/VDB76-165(A))

[NOTE: Completed]

4. Developer shall signalize the intersection of the development's main entrance road and Lantana Road, when required by the development as determined by the County Engineer. (Previously Condition E.4 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ENGINEERING)

[NOTE: Completed]

5. The County Engineer and the Developer shall coordinate the construction of the above required improvements with the reconstruction of Lantana Road. (Previously Condition E.5 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ENGINEERING)

[NOTE: Completed]

6. Developer shall construct Via Vermilya to County Standards, from Lantana Road Southerly to the development's entrance. (Previously Condition E.6 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ENGINEERING)

[NOTE: Completed]

7. Developer shall construct the centerline of the driveway entrance on Via Vermilya a minimum of one hundred eighty-five (185) feet from the Southerly right-of-way line on Lantana Road. (Previously Condition E.7 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (ENGINEERING)

[NOTE: Completed]

8. Prior to DRC approval the proposed site plan shall be modified to:

a. Integrate the pedestrian pathway within the site to the existing pedestrian pathway along Lantana Road.

b. Identify the existing entrances on the north side of Lantana Road.

c. Either move the proposed guard house a minimum of 150 feet south of the south right of way line for Lantana Road or identify on the site plan an unmanned, ungated (no gate arm) guard house.

(Previously Condition E.8 of Resolution R-95-0862, Petition DOA/VDB76-165(A))

9. 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, Zoning Petition 76-165(A), to be paid at the time of issuance of the Building Permit presently is $660.00 (4 additional trips X $165.00 per trip). (Previously Condition E.9 of Resolution R-95-0862, Petition DOA/VDB76-165(A))(IMPACT FEE COORDINATOR)

F. COMPLIANCE

Condition C.1 of Resolution R-95-0862, Petition 76-165(A) which currently states

1. Failure to comply with any of these conditions of approval at any time may result in:

a. The denial or revocation of a building permit; the issuance of a stop work order; cease and desist order; the denial of a Certificate of Occupancy on any building or structure; or the denial or revocation of any permit or approval for any developer; owner, commercial-owner, lessee, or user of the subject property; and/or

b. The revocation of the Conditional Use and any/or zoning which was approved concurrently with the Conditional Use;

c. A requirement of the development to conform with updated standards of development, applicable 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;

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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 Conditional Use, Rezoning, or other actions based on a Board of County Commission decision, shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (Previously Condition C.1 of Resolution R-95-0862, Petition DOA/VDB76-165(A)) (MONITORING)

Is hereby amended to read:

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 alerted the Board to a modification of Condition B.3 on the Amendments to the Agenda sheet:

Condition B.3 of Resolution R-95-0862, Petition 76-165(A) which currently states:

The VDB units shall not be further restricted beyond the requirement that the occupants qualify for the income limits. (PLANNING)

Is hereby amended to read:

Voluntary Density Bonus (VDB) Covenants shall be established which shall guarantee the use of the development as housing for older persons for a period of ~~fifteen (15)~~ thirty (30) years in a manner acceptable to the County Attorney and shall be recorded in the public records of Palm Beach County, Florida, prior to the issuance of the first building permit. (BLDG PERMIT-COUNTY ATTORNEY-PLANNING)

4.C.12. RESOLUTION R-2000-0893

RESOLUTION FOR PETITION PDD77-21(E) OF ROYAL PALM POLO, BY ROBERT A. BENTZ, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH AN EXISTING ARENA OR STADIUM AS A REQUESTED USE ON THE 121.85-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JOG ROAD AND OLD CLINT MOORE ROAD. (P.O.P. 665705 AND 665706) ADOPTED WITH CONDITIONS AS AMENDED 6-29-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Resolutions R-96-1179, granting approval of Petition 77-21(D), R-95-1 granting approval of Petition 77-21(C), R-93-760, granting approval of Petition 77-21(B), R-92-181, granting approval of Petition 77-21(A), and R-77-332, granting approval of Petition 77-21, are hereby revoked. (MONITORING)

2. Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved site plan is dated April 27, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

1. All buildings and structures shall be designed and constructed to be compatible with the general architectural character of surrounding residential areas and existing buildings on the site. Compatibility shall be defined as having a minimum of three (3) of the following:

a. Similar exterior colors;

b. Similar building materials;

c. Similar roof lines or treatment (i.e. dormers, cupola, pitched roof, etc.);

d. Similar architectural decorative details and trims (i.e. columns, pilasters, quoins, banding, louvers, etc.); and,

e. Similar entry features. (BLDG PERMIT: BLDG - Zoning)

2. Exterior colors shall be neutral (whites and grays), pastel, or earth tone colors. Building colors shall be varied by providing contrasting, but complimentary, colors for the building trims (i.e. stucco banding, door and window frames, etc.). Roof and trim colors shall be coordinated and complimentary with base colors. (DRC/BLDG PERMIT: ZONING/BLDG/ZONING)

3 All roofs shall be either a hip-on-deck or full pitched roof design. The roof design shall have a minimum of three (3) roof breaks with varying roof heights or varying roof planes on the same building to add visual interest and provide a vertical transition between the height of the building and the pedestrian environment. Roof material shall be barrel tile, cement tile, or stand seams on all four (4) sides. (BLDG PERMIT: ZONING/BLDG - Zoning)

All rear facade, dumpster, loading or service areas of each new building shall be oriented to the north or south side of the building, completely screened from all adjacent properties and right-of-way, and shall not be internally oriented to the common courtyard. (DRC/BLDG PERMIT: ZONING/BLDG)
Similar architectural character and treatment, including but not limited to color, roof pitch and treatment, material, fenestration, and horizontal and vertical architectural details shall be provided on all sides of the buildings within the MUPD. More detailed architectural design elements shall be located on the facades oriented to Jog Road and the common courtyard. (DRC/BLDG PERMIT: ZONING/BLDG)

6. All building entrances shall be restricted to the east facade of the building and/or the facades which are inwardly oriented to the common courtyard. Doorways on the west facade of the new buildings shall be restricted to exit only. (DRC/BLDG PERMIT: ZONING/BLDG)

7. Prior to issuance of the first building permit within Phase 1, colored architectural elevations for the applicable building shall be submitted for approval by the Architectural Review Section of the Zoning Division. The elevations shall incorporate the requirements of all the architectural conditions above. All new buildings shall be constructed in accordance with these elevations. Minor modifications may be permitted provided the new architectural treatments are equal to or an upgrade of the original architectural treatment and are approved by the Architectural Review Section of the Zoning Division. (BLDG PERMIT: ZONING)

C. BUILDING AND SITE DESIGN

1. All new or renovated air conditioning and mechanical equipment and satellite dishes shall be screened from view on all sides by a visually opaque barrier consistent with the color and character of the principle structure or equivalent landscape material. (BLDG PERMIT: BLDG)

2. The maximum height for all new structures, including all air conditioning and mechanical equipment and satellite dishes, measured from the finished grade to highest point, shall not exceed twenty-five (25) feet and be limited to one-story. (BLDG PERMIT: BLDG - Zoning)

D. LAKE WORTH DRAINAGE DISTRICT

1. The property owner shall convey to the Lake Worth Drainage District the north 95 feet of the southeast one quarter of Section 34, Township 46 South, Range 42 East less the east 970 feet and also less the west 60 feet thereof for the required right-of-way for Lateral Canal No. 39, by Quit Claim Deed or an Easement Deed in the form provided by said District prior to January 15, 1992. (DATE: ENG / MONITORING) [Note: This condition is complete.]

E. ENGINEERING

1. Prior to January 1, 1996, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional right of way for the construction of a right turn lane on Jog Road at the project's entrance road. This right-of-way shall be a minimum of 280 feet in storage length, twelve feet in width and a taper length of 50 feet. This additional right of way shall be free of all encumbrances and encroachments and shall include "Safe Sight Corners" where appropriate as determined by the County Engineer. 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. (DATE: MONITORING - Eng) [Note: This condition is complete.]

2. The Property owner shall fund the construction of a right turn lane, south approach on Jog Road at the project's entrance road. Any and all construction costs associated with the construction of this right turn lane in the amount of $5,000.00 shall be paid available to Palm Beach County prior to January 1, 1996. Construction of this right turn lane shall be completed by Palm Beach County concurrent with the six lane construction of Jog Road. (DATE: MONITORING - Eng) [Note: This condition is complete.]

3. LANDSCAPE WITHIN MEDIAN

a) Prior to January 1, 1998, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Jog Road right-of-way adjacent to the lease parcel for the School Site. 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 before March 1, 1998. (DATE: MONITORING - Eng)

c) Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to March 1, 1998 to reflect this obligation. (DATE: MONITORING - Eng)

d) If, prior to January 1, 1998, the All Star Academy and Sports Camp ceases operation, the property owner shall not be required to provide the median landscaping as enumerated in Conditions E.3.a) - c) above until such time as another development proposal is approved by the Board of County Commissioners or another school occupies the site. In the event that another development order is approved by the Board of County Commissioners for a new commercial or residential project, the developer shall be required to install the median landscaping as enumerated in Conditions E.3.a), E.3.b), and E.3.c).

F. LANDSCAPING - GENERAL

1. All canopy trees required to be planted on site by this approval, Petition 77-021(E), 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, Petition 77-021(E), 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 or more palm or pine trees may not supersede the requirement for a perimeter canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

G. LANDSCAPING - INTERIOR (WITHIN NEW PORTIONS OF PHASE 1)

1. A minimum of one (1) landscape island shall be provided for every ten (10) parking spaces. The maximum spacing between landscape islands shall not exceed one hundred (100) linear feet. (DRC: ZONING)

2. Landscaped divider medians with at grade bicycle and pedestrian cuts shall be provided in the center of all driveways over thirty (30) feet in width providing ingress or egress to the site. The minimum width of this median shall be six (6) feet, inclusive of curbing. The minimum length of this median shall be twenty five (25) feet. A minimum width of five (5) feet of landscaped area shall be provided. One tree and appropriate ground cover shall be planted for each twenty (20) linear feet of the divider median. (DRC: ZONING)

3. Foundation plantings or grade level planters shall be upgraded along all sides of each structure as follow:

a. A minimum width of eight (8) feet;

b. One (1) medium canopy tree every twenty (20) linear feet of building facade with a maximum spacing of forty (40) feet between trees;

c. One (1) additional palm every thirty (30) linear feet of building facade. These may be grouped and located at architectural focal points of the building; and,

d. Appropriate groundcover. (DRC/CO: ZONING/LANDSCAPE)

H. LANDSCAPING ALONG THE NORTH AND WEST PERIMETERS OF PHASE 1

1. Existing landscaping and buffering along the south side of the northernmost entrance and west property line within Phase 1 (along Jog Road) shall be supplemented with the following upgraded materials:

a. A minimum twenty (20) foot wide landscape buffer strip with a maximum five (5) foot easement encroachment;

b. A minimum one (1) to three (3) foot high undulating berm with an average height of two (2) feet, measured from top of curb. Where there are existing trees, the berm will not be required.

c. One (1) medium to large canopy tree every thirty (30) feet on center setback from the existing overhead powerlines pursuant to FPL requirements. A group of three (3) or more palms may supersede the requirement for a large canopy tree in that location. A maximum twenty-five (25) percent of the required canopy trees within the buffer may be replaced by the palm clusters;

d. One (1) additional palm for each twenty-five (25) linear feet of property line with a maximum spacing of ninety (90) feet between clusters;

e. One (1) minimum six (6) foot high ornamental or accent tree for every thirty (30) linear feet of property line to be clustered with the palms; and,

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

I. PERIMETER BUFFERS WITHIN PHASE 2

1. All remaining perimeter buffers within Phase 2 shall be determined by the BCC at time of redevelopment of the site for uses other than the existing polo facilities. (ONGOING: ZONING)

J. LIGHTING

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

2. All outdoor lighting fixtures shall not exceed twenty (20) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning)

3. All outdoor lighting shall be extinguished no later than 11:30 p.m., excluding security lighting only. (ONGOING: CODE ENF)

4. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF)

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

K. 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 the issuance of the first certificate of occupancy (CO) within Phase 1. 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. (CO: BLDG - Eng)

3. All printed and electronic advertising for the project, when practical, shall contain information that mass transit service to the site is available. This condition shall apply to advertising for the entire project only, not to individual stores or tenants. (ONGOING: PALM TRAN)

4. Commercial locations which are open to the public shall not restrict public mass transit access. (ONGOING: PALM TRAN)

L. MUPD

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

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

3. All architectural treatment, focal points, pedestrian amenities (i.e. fountains, trellises, etc.) and common areas, decorative pavers and/or accent landscaping shall be provided in the general areas as indicated on the site plan dated April 27, 2000. These design elements shall be constructed or installed in accordance with the Focal Point/Pedestrian Amenities Phasing Plan. Modification to these shall be permitted provided the changes are an equivalent or betterment to the project and are subject to approval by the Public Hearing Section of the Zoning Division. (DRC/CO: ZONING/BLDG - Zoning)

4. Prior to final site plan certification by the Development Review Committee (DRC), a Focal Point/Pedestrian Amenities Phasing Plan shall be approved by the Zoning Division. This phasing plan shall indicate a unified treatment for all design elements indicated in Condition L.3, applicable details, and installation schedule for these elements in relation to the issuance of the Certificate of Occupancy for the adjacent buildings. (DRC/CO: ZONING/BLDG - Zoning)

5. To ensure consistency with the site plan dated April 27, 2000 presented to the Board of County Commissioners, no more than ten (10) percent of the total approved square footage of each use or building indicated as being covered by structures shall be relocated to portions of the site not previously covered. (DRC: ZONING)

M. PARKING

1. Prior to final site plan approval by the Development Review Committee, the site plan shall be revised to indicate equal distribution of required parking spaces for each restaurant within Phase 1. (DRC: ZONING)

N. PLANNING

1. Future structures within the CL portion of the site shall be subject to BCC approval. (DRC/BLDG: PLANNING/BLDG - Zoning/Planning)

O. SIGNS

1. Any new or replacement signs fronting on Jog Road shall be limited as follows:

a. Maximum sign height - Eight (8) feet;

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

c. Maximum number of signs - Two (2) (inclusive of one existing median sign); and,

d. Style - Monument with copy limited to project identification only. (BLDG PERMIT: BLDG - Zoning)

2. Prior to DRC approval of the final site plan, the petitioner shall submit a Master Sign Program to the Zoning Division which specifies sign location, sign dimensions, architectural details, unified color, unified graphics, typical base planting details, and conformance to all sign related conditions of approval. (DRC: ZONING)

3. Additional signs shall not be permitted on Old Clint Moore Road, excluding directional signs with a maximum height of four (4) feet and sign area of eight (8) square feet per face . The two signs that are existing on this road shall be removed prior to the issuance of the first Certificate of Occupancy for any new buildings on the site. (CO/BLDG PERMIT: BLDG - Zoning)

4. Wall signs mounted on the new buildings shall be limited to the following:

a. Location - west building facade and interior courtyard area;

b. Maximum total sign face area - twenty (20) square feet per sign per facade of each building.

c. Sign copy - tenant name and/or logo only; and,

d. Number of signs - two (2) per building. (BLDG PERMIT/CO: BLDG - Zoning)

P. USE LIMITATIONS

1. Use of the site shall be limited to the following uses and in the locations as indicated on the site plan dated April 27, 2000:

a. Polo facilities (Existing) - 124,529 sq. ft. maximum (includes stables, groom's quarters, announcement and refreshment stands);

b. Clubhouse/Stadium (Existing) - 28,680 sq. ft. maximum; and,

c. Quality restaurant (Proposed) - 19,125 total square feet. (DRC/ONGOING: ZONING/HEALTH/CODE ENF)

Expansion may be permitted for the polo facilities only subject to Development Review Committee (DRC) approval and shall be limited to 1,000 square feet for the project or 5% of the square footage for each building, whichever is less.

2. All uses within the existing Clubhouse/Stadium shall be subject to the use regulations of a MUPD with a CR future land use designation. (ONGOING: ZONING/CODE ENF)

3. New uses and structures within Phase 2, which are not accessory to the polo facilities, shall be subject to BCC approval. (DRC: ZONING)

4. Hours of operation for all uses shall be limited to 6:00 a.m. - 11:00 p.m. daily. (ONGOING: CODE ENF - Zoning)

5. The 19,125 square foot of high quality restaurant use approved by petition 77-021(E) shall not have outdoor music or entertainment such as bands or Djs. (ONGOING: CODE ENF)

Q. 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 directed the Board's attention to condition modifications on the Amendments to the Agenda sheet:

Addition of Condition C.3:

To ensure consistency with the site plan dated April 27, 2000 presented to the Board of County Commissioners, all structures or accessory outdoor dining areas within Phase 1 shall be setback a minimum of 180 feet from the west property line (Jog Road frontage). (DRC/BLDG PERMIT:ZONING/BLDG-Zoning)

Revision of Condition L.5:

To ensure consistency with the site plan dated April 27, 2000 presented to the Board of County Commissioners, no more than ~~ten (10)~~ twenty-five (25) percent of the total approved square footage of each use or building indicated as being covered by structures shall be relocated to portions of the site not previously covered. (DRC: ZONING)

4.D. STATUS REPORTS

4.D.13. PETITION 80-125

STATUS REPORT SR80-125A.3 FOR RESOLUTION R-93-559 FOR PETITION 80-125(A) (UNWIN PROPERTY) OF JANICE L. UNWIN AND CLIFFORD G. RUFF, JR., PETITIONERS (PROPERTY OWNER: JANICE UNWIN), TO APPROVE A TIME EXTENSION TO APRIL 29, 2002, FOR THE 4.5-ACRE PROPERTY LOCATED ON THE WEST SIDE OF NORTH ELIZABETH AVENUE. THE PROPERTY IS ZONED RT-RESIDENTIAL TRANSITIONAL. APPROVED 6-29-2000

Staff Recommendation: Approval of the time extension until April 29, 2002.

4.D.14. PETITION 84-173

STATUS REPORT SR84-173B FOR RESOLUTIONS R-90-1437, R-90-1438, R-92-1102, AND R-92-1103 FOR PETITIONS 84-173(A) AND 84-173(B) (WESTWARD AUTO SERVICE PCD) OF SCOTT P. LEWIS AND CAROL J. LEWIS, PETITIONERS (PROPERTY OWNER: MEDINA, LLC), TO APPROVE A TIME EXTENSION TO APRIL 23, 2002, FOR THE 1.2-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF WESTGATE AVENUE, BOUNDED ON THE SOUTH BY NOKOMIS AVENUE, APPROXIMATELY 0.1 MILE EAST OF TALLAHASSEE DRIVE. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION FOR A PLANNED COMMERCIAL DEVELOPMENT (PCD), INCLUDING VEHICLE SALES AND RENTAL SERVICE AND AN AUTOMOBILE SERVICE STATION (WITH MAJOR REPAIRS). APPROVED 6-29-2000

Staff Recommendation: Approval of a time extension until April 23, 2002.

4.D.15. PETITION 86-13

STATUS REPORT SR86-13.6 FOR RESOLUTIONS R-86-573-26 AND 86-573-27 FOR PETITION 86-13 (BELFER OFFICE PARK) OF FORREST C. MOBLEY, TRUSTEE (PROPERTY OWNER AND PETITIONER), TO APPROVE A TIME EXTENSION TO APRIL 22, 2002, FOR THE 6.9-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF GUN CLUB ROAD APPROXIMATELY 200 FEET WEST OF MILITARY TRAIL. THE PROPERTY IS ZONED CS-SPECIALIZED COMMERCIAL WITH A SPECIAL EXCEPTION TO ALLOW A PLANNED OFFICE BUSINESS PARK (POBP). APPROVED 6-29-2000

Staff Recommendation: Approval of a time extension until April 22, 2002.

4.D.16. PETITION 88-39

STATUS REPORT SR88-39A FOR RESOLUTION R-93-549 FOR PETITION 88-39(A) (LANTANA PALMS) OF ACLF OF LANTANA, INC. (PROPERTY OWNER AND PETITIONER), TO APPROVE A TIME EXTENSION TO APRIL 29, 2002, FOR THE 10.4-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF LANTANA ROAD APPROXIMATELY 0.25 MILE WEST OF MILITARY TRAIL. THE PROPERTY IS ZONED RS-SINGLE-FAMILY RESIDENTIAL WITH A DEVELOPMENT ORDER AMENDMENT (DOA) TO AMEND A CONGREGATE LIVING FACILITY (CLF), TYPE III TO INCLUDE A VOLUNTARY DENSITY BONUS (21 UNITS). APPROVED 6-29-2000

Staff Recommendation: Approval of a time extension until April 29, 2002.

4.D.17. PETITION 93-19

STATUS REPORT SR93-19.2 FOR RESOLUTION R-93-1025 FOR PETITION 93-19 (HAITIAN CHURCH OF GOD) OF SERGE JEROME, PETITIONER (PROPERTY OWNER: LAKE WORTH HAITIAN CHURCH OF GOD), TO APPROVE A TIME EXTENSION TO MAY 12, 2002, FOR THE 1.49-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF MELALEUCA LANE APPROXIMATELY ONE BLOCK WEST OF CONGRESS AVENUE. THE PROPERTY IS ZONED RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) WITH A CLASS A CONDITIONAL USE (CA) ALLOWING A CHURCH OR PLACE OF WORSHIP WITH ACCESSORY DAYCARE (30 CHILDREN). APPROVED 6-29-2000

Staff Recommendation: Approval of a time extension until May 12, 2002.

4.D.18. PETITION 93-27

STATUS REPORT SR93-27.4 FOR RESOLUTIONS R-94-499 AND R-94-500 FOR PETITION 93-27 (MOUNT NEBO CEMETERY) OF JEFFREY M. ROSENBERG, JR., PETITIONER (PROPERTY OWNER: MOUNT NEBO OF THE PALM BEACHES, INC.), TO APPROVE A TIME EXTENSION TO APRIL 28, 2001, FOR BOTH RESOLUTIONS AND TO COMPLY WITH CONDITION E.1 OF RESOLUTION R-94-500 FOR THE 37.3-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF DILLMAN ROAD AND STATE ROAD 7 (U.S. 441). THE PROPERTY IS ZONED RT-RESIDENTIAL TRANSITIONAL WITH A CLASS A CONDITIONAL USE (CA) ALLOWING A CEMETERY. APPROVED 6-29-2000

Staff Recommendation: Approval of the time extension until April 28, 2001, and compliance with the condition as stated.

4.D.19. PETITION 95-14

STATUS REPORT SR95-14.2 FOR RESOLUTION R-95-716 FOR PETITION 95-14 (MARY MOTHER OF LIGHT PARISH HALL) OF MARY MOTHER OF LIGHT MARONITE CATHOLIC CHURCH, PETITIONER (PROPERTY OWNER: EPARCHY OF ST. MARON OF BROOKLYN), TO APPROVE A TIME EXTENSION UNTIL MAY 25, 2002, FOR THE 4.7-ACRE PROPERTY LOCATED AT THE NORTHERN TERMINUS OF LONE PINE WAY APPROXIMATELY 600 FEET NORTH OF FOREST HILL BOULEVARD. THE PROPERTY IS ZONED RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) WITH A CLASS A CONDITIONAL USE (CA) ALLOWING A CHURCH OR PLACE OF WORSHIP. APPROVED 6-29-2000

Staff Recommendation: Approval of the time extension until May 25, 2002.

4.D.20. PETITION 83-153

STATUS REPORT CR83-153C/K12 FOR RESOLUTION R-2000-0263 FOR PETITION 83-153(C) (VICTORIA WOODS) OF CORONA LAND DEVELOPMENT, INC., AND VICTORIA WOODS JOINT VENTURE, PETITIONERS (PROPERTY OWNER: VICTORIA WOODS JOINT VENTURE), TO DIRECT STAFF OF THE CODE ENFORCEMENT DIVISION TO CONTINUE WITH THE ENFORCEMENT OF PART A OF CONDITION K.12 AND TO ENFORCE COMPLIANCE WITH ANY ADDITIONAL CODE OR CONDITION OF APPROVAL VIOLATIONS THAT MAY BE IDENTIFIED. THE PETITION CONCERNS 48 ACRES (UNPLATTED) OF THE 164.6-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF SUMMIT BOULEVARD APPROXIMATELY 0.50 MILE EAST OF JOG ROAD. THE PROPERTY IS ZONED PUD-PLANNED UNIT DEVELOPMENT WITH A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE MASTER PLAN AND REDESIGNATE HOUSING CLASSIFICATIONS. APPROVED 6-29-2000

Staff Recommendation: As stated above.

4.E. ADMINISTRATIVE INQUIRY - PROPERTY AND REAL ESTATE MANAGEMENT

4.E.21. PETITION 97-78

ADMINISTRATIVE INQUIRY CONCERNING A CASH-OUT ON THE 4.41-ACRE CIVIC SITE IN THE CIBA-GEIGY PLANNED UNIT DEVELOPMENT (PUD), NKA PONTE VECCHIO PUD, LOCATED ON THE WEST SIDE OF HAGEN RANCH ROAD APPROXIMATELY 0.8 MILE NORTH OF BOYNTON BEACH BOULEVARD - PETITION 97-78. APPROVED STAFF RECOMMENDATION 6-29-2000

Staff Recommendation: Approval of the civic site cash-out for $190,000 and approval of these funds for general government use.

4.F. CORRECTIVE RESOLUTION

4.F.22. RESOLUTION R-2000-0894

RESOLUTION FOR PETITION PDD99-75 (GOLDEN LAKES CONGREGATE LIVING FACILITY [PLANNED UNIT DEVELOPMENT]) OF BLUE GREEN ENTERPRISES, TO CORRECT CONDITION K.2 IN RESOLUTION R-2000-0574 FOR THE 7.09-ACRE PROPERTY LOCATED APPROXIMATELY 0.3 MILE EAST OF GOLDEN LAKES BOULEVARD AND APPROXIMATELY 0.1 MILE SOUTH OF OKEECHOBEE BOULEVARD. (AMENDS R-2000-0574) ADOPTED WITH CORRECTED CONDITION 6-29-2000

Staff Recommendation: Correction of Condition K.2 of Resolution R-2000-0574 as follows and adoption of a resolution affirming that action:

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 residential access street, cul-de-sac, or nonresidential access way as indicated in the focal point/conceptual site plan exhibit dated December 21, ~~2000~~ 1999. This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain, gazebo, accent landscaping, arcade or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING)

4.G. RELEASE OF UNITY OF TITLE

4.G.23. RESOLUTION R-2000-0895

RESOLUTION AUTHORIZING RELEASE OF UNITY OF TITLE FOR THE PLACEMENT OF A MOBILE HOME ON A 20-ACRE PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF NORTHEAST QUARTER; WEST HALF OF NORTHWEST QUARTER OF SOUTHWEST QUARTER OF NORTHEAST QUARTER; AND WEST HALF OF SOUTHEAST QUARTER OF SOUTHWEST QUARTER OF NORTHEAST QUARTER, SECTION 2, TOWNSHIP 46 SOUTH, RANGE 42 EAST. THE UNITY OF TITLE WAS EXECUTED APRIL 25, 1973, BY HAROLD R. MANGUS, PRESIDENT, OLD SOUTH GARDENS, INC. ON JANUARY 7, 1998, J-G EQUITIES, L.L.C., ACQUIRED THE PROPERTY BY VIRTUE OF A WARRANTY DEED RECORDED JANUARY 9, 1998, AND HAS DEMONSTRATED THERE IS NO LONGER A NEED FOR THE PROPERTY TO BE ENCUMBERED BY THE UNITY OF TITLE SINCE THE MOBILE HOME HAS BEEN REMOVED. ADOPTED 6-29-2000

4.G.24. RESOLUTION R-2000-0896

RESOLUTION AUTHORIZING RELEASE OF UNITY OF TITLE FOR A SINGLE-FAMILY RESIDENCE AND BARN ON THE EASTERLY 308.80 FEET OF THE WESTERLY 358.99 FEET OF THE SOUTH 335.60 FEET OF THE NORTHWEST HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 SOUTH, RANGE 42 EAST. THE UNITY OF TITLE WAS EXECUTED BY KATHLEEN W. NEWELL, DATED FEBRUARY 29, 1973, AND RECORDED APRIL 4, 1973. ON SEPTEMBER 29, 1998, JUPITER MEDICAL CENTER, INC., ACQUIRED THE PROPERTY, TOGETHER WITH CONTIGUOUS PROPERTY, BY VIRTUE OF A WARRANTY DEED RECORDED OCTOBER 30, 1998, AND HAS DEMONSTRATED THERE IS NO LONGER A NEED FOR THE PROPERTY TO BE ENCUMBERED BY THE UNITY OF TITLE. THE PROPERTY HAS BEEN PLATTED BY A PLAT OF LENDER CENTER. ADOPTED 6-29-2000

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

PUBLIC COMMENT: None

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

5. REGULAR AGENDA

5.A. ITEMS PULLED FROM CONSENT AGENDA - None

5.B. SMALL SCALE LAND USE AMENDMENT

5.B.25.

a. SMALL SCALE LAND USE AMENDMENT 00-SCA 78 COM 1

APPLICATION 00-SCA 78 COM 1 (SAFE & SECURE 2) OF LAURA K. MOUNT, BY ROBERT E. BASEHART, AGENT, FOR A SMALL SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM INDUSTRIAL (IND) TO COMMERCIAL HIGH (CH) WITH A CONDITION LIMITING THE SITE TO A MAXIMUM OF 36,500 SQUARE FEET OF FLOOR AREA FOR THE 3.8-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF LAKE WORTH ROAD AND ENGLE ROAD, APPROXIMATELY 0.25 MILE EAST OF CONGRESS AVENUE. (P.O.P. 710177) APPROVED WITH CONDITION AS AMENDED 6-29-2000

b. ORDINANCE 2000-019

ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN: ADOPTING SMALL SCALE LAND USE AMENDMENT 00-SCA 78 COM 1 (SAFE & SECURE 2); MODIFYING PAGE 78 OF THE FUTURE LAND USE ATLAS BY CHANGING A 3.8-ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LAKE WORTH ROAD AND ENGLE ROAD, APPROXIMATELY 0.25 MILE EAST OF CONGRESS AVENUE, FROM INDUSTRIAL (IND) TO COMMERCIAL HIGH (CH), SUBJECT TO A CONDITION. (AMENDS ORDINANCE 89-17) (P.O.P. 710177) ADOPTED WITH CONDITION AS AMENDED 6-29-2000

Staff Recommendation: Approval of the request, subject to the following condition, and adoption of an ordinance affirming that action:

1. The site shall be limited to a maximum of 36,500 square feet of retail floor area.

Planner Susan Miller said that at time of publication, staff had received no letters or telephone calls concerning the amendment. After the staff report was finalized, she said, the agent had requested a minor change in the condition in order to clarify that square footage of commercial retail would be limited. All nonretail activities allowed in this land use category would be subject to floor area ratios as laid out in the Comprehensive Plan. Ms. Miller said that staff agreed to the modified condition, which follows:

1. Commercial retail uses on tThe site shall be limited to a maximum of 36,500 square feet of ~~retail~~ floor area.

Richard E. Basehart, agent, accepted the modified condition.

MOTION to approve the request of Application 00-SCA 78 COM 1 for a future land use change from IND to CH, with one condition as amended, and adopt an ordinance affirming that action. Motion by Commissioner Aaronson and seconded by Commissioner Newell.

PUBLIC COMMENT: None

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

5.C. PREVIOUSLY POSTPONED ZONING PETITION

5.C.26.

a. RESOLUTION R-2000-0897

RESOLUTION FOR PETITION W/DOA96-118(A) (WPTV TOWER) OF SCRIPPS HOWARD BROADCASTING COMPANY, BY KILDAY & ASSOCIATES, AGENT, FOR WAIVERS FOR SETBACKS FROM NORTH, SOUTH, EAST, AND WEST PROPERTY LINES TO PERMIT A TOWER HEIGHT OF 1,331 FEET ON THE 40.29-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF LANTANA ROAD APPROXIMATELY 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441). (P.O.P. 653170 [5-25-2000]) ADOPTED 6-29-2000

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

b. RESOLUTION R-2000-0898

RESOLUTION FOR PETITION W/DOA96-118(A) (WPTV TOWER) OF SCRIPPS HOWARD BROADCASTING COMPANY, BY KILDAY & ASSOCIATES, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO REPLACE AN EXISTING 1,031-FOOT-HIGH TOWER WITH A 1,331-FOOT-HIGH TOWER ON THE 40.29-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF LANTANA ROAD APPROXIMATELY 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441). (AMENDS R-97-151) (P.O.P. 665705 AND 665706) ADOPTED WITH CONDITIONS 6-29-2000

Staff Recommendation: Approval of the Development Order Amendment and adoption of a resolution affirming that action, subject to the following conditions:

NOTE: There are no 'D' conditions.

A. ALL PETITIONS

1. The approval granted by Resolution R-97-151, Petition 96-118, shall remain in full force and effect. (MONITORING)

2. 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 April 28, 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. TOWER (1,331 foot high tower)

1. Palm Beach County and the State of Florida shall have the right to co-locate communication equipment on the subject tower at no charge, provided the placement of County or State equipment does not interfere with the petitioner's equipment or operations and shall be subject to the structural capacity of the tower. (ONGOING: PREM)

2. If liquid propane tanks are associated with the use of the communication tower the tanks shall be double walled and installed underground in accordance with Palm Beach County Fire Rescue and Environmental Resource Management requirements. (BLDG PERMIT: FIRE/ERM)

3. Should the requisite authority, such as the FCC or OSHA, having jurisdiction over the same, determine that the tower and/or facilities are dangerous to the public's health, safety and welfare, Palm Beach County shall have the right to require the tower and/or facilities to be removed or made safe within sixty (60) days written notice. (ONGOING: FIRE/ERM/HEALTH)

4. If tower lighting is required by the requisite authority such as the FAA, the lighting shall include a screening device to direct light away from the ground.

The lighting shall also include a dual lighting system consisting of red lights for nighttime and high or medium intensity flashing white lights for daytime and twilight. (CO: BLDG - Zoning/FAA)

C. ENVIRONMENTAL RESOURCES MANAGEMENT

1. If required a 25% upland set-aside preserve shall be shown on the site plan prior to final DRC site plan certification. (DRC: ERM)

E. ENGINEERING

No engineering conditions at this time.

F. 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.

PUBLIC COMMENT: None

MOTION to adopt a resolution approving the request of Petition W/DOA96-118(A) for waivers from setbacks from the north, south, east, and west property lines. Motion by Commissioner Newell, seconded by Commissioner Roberts, and carried 5-0. Commissioners McCarty and Marcus absent.

MOTION to adopt a resolution, with conditions, approving the request of Petition W/DOA96-118(A) for a Development Order Amendment to replace an existing 1,031-foot-high tower with a 1,331-foot-high tower. Motion by Commissioner Newell, seconded by Commissioner Roberts, and carried 5-0. Commissioners McCarty and Marcus absent.

5.D. ZONING PETITIONS

5.D.27.

a. RESOLUTION R-2000-0899

RESOLUTION FOR PETITION PDD/TDR97-121 (DIAMOND C RANCH PUD) OF PALM AFC HOLDINGS, BY WILLIAM R. BOOSE III, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL AND RE-RESIDENTIAL ESTATE TO RESIDENTIAL PUD-PLANNED UNIT DEVELOPMENT FOR THE 267.04-ACRE PROPERTY LOCATED ON THE WEST SIDE OF BENOIST FARMS ROAD APPROXIMATELY 850 FEET SOUTH OF SOUTHERN BOULEVARD. (P.O.P. 665705 AND 665706) ADOPTED WITH CONDITIONS AS AMENDED 6-29-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment 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 May 5, 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 more than three (3) homes with the same elevation shall be placed next to each other; or,

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

This obligation shall be included in the Homeowners Association's documentation. A monitoring report with updated information shall be submitted by the developer with each building permit application to ensure compliance with this condition. This obligation shall be included in the Homeowners Association's documentation. (BLDG PERMIT: BLDG/ZONING)

2. Prior to DRC final certification of the site plan, the petitioner shall provide architectural elevations to the Architectural Review Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations. (DRC: ZONING)

C. ENVIRONMENTAL RESOURCES MANAGEMENT

1. The location of the 8.27 acre eastern preserve is acceptable as shown on the plan prepared by Land Design South, dated May 5, 2000. The presently proposed 5 acre preserve located contiguous to the LWDD L-5 Canal may be relocated on-site, or may be subject of tree relocation and enhancement. Final plans for which to be approved by PBC ERM prior to final DRC Certification of the Preliminary Development Plan. (DRC: ER

D. LANDSCAPING - STANDARDS

1. Fifty percent (50%) of all perimeter canopy trees required to be planted on the site by this approval 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;

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 a canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

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

E. ENGINEERING

1. The Property owner shall construct the following turn lane improvements:

I. Lyons Road at SR 80;

a) Restriping on SR 80 to provide for a left turn lane east approach;

b) one right/through lane north approach;

c) Right turn lane south approach

d) Left turn lane south approach;

e) Through lane south approach

II. Lyons Road at the projects south entrance

a) Right turn lane north approach.

III. Pioneer Road at SR 7;

a) Left turn lane east approach

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

B) Permits required by Palm Beach County and the Florida Department of Transportation for the construction of E1.III shall be submitted concurrent with the first residential dwelling unit plat. (PLAT:ENGINEERING)

C) Permits required by Palm Beach County and the Florida Department of Transportation for the construction of E1.I and E1.II shall be submitted concurrent with Platting more than 430 total dwelling units. (PLAT: ENGINEERING)

D) Construction identified on Condition E1.III shall be completed prior to the issuance of the first Certificate of Occupancy for phase one of the project. (CO:MONITORING-Eng)

E) Construction identified in Condition E1.I and E1.II above shall be completed prior to the issuance of more than 431 Certificates of Occupancy. (CO:MONITORING-Eng)

2. Prior to February 1, 2001 the Property owner shall provide construction plans for Lyons Road as a 3 lane section plus the appropriate paved tapers. These construction plans shall be approved by the County Engineer based upon Palm Beach County's minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. Plan costs shall be approved by the County Engineer. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. Impact fee credit shall only be provided for construction plans required for the turn lane identified above in condition E1 I.(c) above. (DATE: MONITORING-Eng)

3. The property owner shall construct Lyons Road as a 3 lane section from SR 80 to the project's south property line in accordance with the condition above. Construction shall be completed on or before January 1, 2002 or prior to the issuance of the 430^th building permit whichever shall first occur. Impact fee credit shall only be provided for the construction of the turn lane identified above in condition E1 I.(c) above. (DATE/BLDG PERMIT: MONITORING-Eng)

4. Acceptable surety required for the Lyons Road improvements as outlined in Conditions above shall be posted with the Office of the Land Development Division on or before December 27, 2000. Surety in the amount of 110% shall be based upon a Certified Cost Estimate provided by the Developer's Engineer. (TPS) (DATE: MONITORING-Eng)

5. The Property Owner shall fund the cost of signal upgrading as determined by the County Engineer at Lyons Road and Southern Boulevard. The cost of signalization shall also include any required utility relocation. Signalization shall be concurrent with the Lyons Road Construction as outlined above. (ONGOING: MONITORING-Eng).

6. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer and the Florida Department of Transportation at Pioneer Road and SR 7. Signalization shall be a mast arm structure installation. The cost of signalization shall also include any required utility relocation. Should signalization not be warranted after 12 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (ONGOING: MONITORING-Eng)

7. Prior to the DRC approval for the final subdivision plan for POD F or POD G, the final alignment for Lyons Road construction shall be approved by the Board of County Commissioners. Palm Beach County Engineering Department shall use its best efforts to schedule an alignment hearing for Lyons Road for final approval by the Board of County Commissioners prior to January 1,2001. Any adjustments to the Preliminary Development Plan shall then be accommodated. (DRC APPROVAL: ENG)

8. Prior to the recordation of the first plat, the petitioner shall include in the homeowners documents, all sales contracts, as well as all sales brochures, Master Plans and related Site Plans a disclosure statement identifying Lyons Road as a planned thoroughfare roadway adjacent to or through this property. This shall also include the ultimate number of lanes for Lyons Road. Information which appears in written form shall appear in bold print. (PLAT: ENG)

a. The property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and the Building Department. The next report shall be submitted on or before January 1, 2002, and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowner's association. (DATE: MONITORING-Eng)

b. The subject property shall be appropriately signed by the developer prior to the issuance of the first building permit. Sign locations shall be indicated both on the Master Plan and appropriate Site Plans. (BLDG PERMIT: MONITORING - Eng)

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

Note: The following is in conformance with a policy concerning "Southern Boulevard and Concurrency" stated in a letter from George Webb, P.E., County Engineer, dated January 25, 2000 and approved by the Board of County Commissioners:

a) Prior to the issuance of the first building permit for the project or prior to December 31, 2002, whichever shall first occur, the property owner shall pay the Project's total Fair Share Contribution for Road Improvement Fees ("Road Impact Fees"), less any creditable costs which have been made by the Developer for Conditions E2 and E3 above, as they exist at the time of the payment, or may exist at the time of the issuance of the building permits for the project as a result of the final development order issued on the property or amendments to the amount of the Road Impact Fees in the ULDC. Presently the project's total Road Impact Fees are estimated to be $1,833,120. The amount of Road Impact Fees paid pursuant to this condition shall be creditable against the Project's Road Impact Fees due at the time of the building permit issuance, and does not vest the project against future Road Impact Fees increases. This amount may be increased as provided in the Road Impact Fees Ordinance. The Property Owner shall post Performance Security for purposes of Road Impact Fees, as addressed herein, in the form of a Letter of Credit or other form of surety acceptable to the County Attorney's Office in the amount of $1,833,120, or such amount as adjusted based on the final development order. (BLDG PERMITS/DATE:MONITORING-Eng)

b) This surety shall be provided to the Office of the County Engineer prior to December 22, 2000 less any Road Impact Fees paid by the Developer. If the property owner fails to pay the Road Impact Fees as set forth above, said surety may be drawn against at the issuance of the first building permit or prior to December 31, 2002, whichever shall first occur. Upon payment of the Road Impact Fees, the surety shall be released and discharged. Upon payment of the Road Impact Fees or drawing of the Performance security by Palm Beach County, the project shall be deemed to have fully satisfied all requirements of Palm Beach County's Traffic Performance Standards and shall be fully vested as to Traffic Concurrency. (DATE: MONITORING-Eng)

10. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Lyons Road 100 feet of right of way on an alignment to be approved by the Board of County Commissioners from SR 80 south to the projects south property line prior to the issuance of the first Building Permit or prior to June 1, 2001. 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)

11. The property owner shall provide paved access to the three not included parcels to the south via a Fifty (50) foot road right of way to be provided at the time of the platting the Pioneer Road Extension. This access shall be reflected on the approved preliminary development plan. (DRC: ENG)

12. Provide a bus pull off and bus shelter at the projects west property line concurrent with the paving improvements of the entrance road from Pioneer Road which is identified as Plat One. The bus pull off and shelter shall be completed prior to the issuance of the first certificate of occupancy. (CO:MONITORING - ENG)

F. LANDSCAPING ALONG THE NORTH PROPERTY LINE (ADJACENT TO C-51 CANAL)

1. Landscaping and buffering along the north property line adjacent to the C-51 Canal shall be upgraded to include:

a. a minimum ten (10) foot wide landscape buffer strip with no reductions or easement encroachments be permitted except transversing utility or drainage easement crossings;

b. a six (6) foot high vinyl coated chain link fence;

c. one (1) canopy tree planted every thirty (30) feet on center alternating on both sides of the fence;

d. one (1) additional palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of one hundred (100) feet between clusters;

e. twenty four (24) inch high shrub or hedge material on both sides of the fence 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)

G. LANDSCAPING ALONG THE WEST PROPERTY LINE (ADJACENT TO WESTWOOD PUD)

1. Landscaping and buffering along the west property line shall be upgraded to

include a perimeter six (6) foot high vinyl coated chain link fence along the entire western property line from Pioneer Road north to the project's proposed north fence parallel to the southern Boulevard/C-51Canal. (CO: LANDSCAPE)

H. LANDSCAPING ALONG THE FUTURE LYONS ROAD FRONTAGES

1. Landscaping and buffering along the future Lyons Road frontages shall be upgraded to include:

a. a minimum twenty-five (25) foot wide landscape buffer with a maximum five (5) foot easement encroachment;

b. a undulating berm with an average three (3) foot height measured from top of curb;

c. one (1) canopy tree planted every twenty (20) 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 (100) 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)

I. MASS TRANSIT

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 prior to the issuance of the first certificate of occupancy. 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. (CO:MONITORING - ENG)

J. PLANNED UNIT DEVELOPMENTS

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

2. Street trees shall be provided as follow:

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

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

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

4. Flexible Regulations and/or Administrative Deviations from the required property development regulations for the residential units and their accessory structures shall be limited to the following reduction in proposed front setbacks and increased lot coverage for both the zero lot line and single family homes:

PROPOSED ADMINISTRATIVE DEVIATION/FLEXIBLE REGULATIONS
Property Development Regulations	Code	Admin. Deviation (10% Max.)	Flexible Regs (20% Max.)	Proposed Reduction/ Increase
Front Setback (ZLL and single family)	25'	22.5'	-	-2.5'
Lot Coverage (single family)	40%	44%	-	+0.04
Lot Coverage ZLL	50%	55%	-	+0.05

The petitioner has agreed to provide the following:

a. Additional street trees to be provided at one per forty linear feet on one side of the street if streets are 40' wide minimum and on both sides of the street if streets are 50' wide minimum;

b. Varied building elevations and color schemes;

c. Focal points within a neighborhood recreation area or open space tract;

d. Focal points at the roundabout area and the adjacent open space and

e. Utilize perimeter canals and proposed water bodies, open space and perimeter buffers to minimize potential impacts on the adjacent residential uses.

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

6. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to show a focal point at the terminus of internal roadway, access tract, residential street (including T-intersections), roundabouts, open space or cul-de-sac consistent with the Preliminary Development Plan dated May 5, 2000. These focal points shall be public areas and shall be in the form of accent landscaping with lighting or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING)

7. No side interior, rear or side street setback reductions shall be permitted except when abutting open space as allowed in Section 6.5.G.6 of the ULDC. (DRC: ZONING)

8. 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)

9. Lots fronting on a T-intersection shall support units with a side-loaded garage with accent landscaping or provide twenty (20) foot landscape strip. (DRC: ZONING)

10. The petitioner has agreed to limit perimeter homes to a single story and not to exceed twenty-five (25) feet in height. This limitation would not apply to proposed homes as indicated on the Preliminary Development Plan dated May 5, 2000 located adjacent to the C-51 Canal, the 160' FPL easement, internal 80' right of ways, the future Lyons Road extension or proposed home sites separated by a perimeter lake tract. (ONGOING)

11. No reduction in width for any of the perimeter compatibility buffers shown on the June 23, 2000 Preliminary Development Plan shall be permitted. (ONGOING)

12. 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 South Florida Fairgrounds and Mars Music Amphitheatre within 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.

a. The following language shall be included in the above documents for the South Florida Fairgrounds and Mars Music Amphitheatre:

This development is located within two (2) miles of the South Florida Fairgrounds and Mars Music Amphitheatre. The activities of this facility generates noise, among other things, such as, various sounds from concerts, carnivals, animals, horns, combustion engines and other such sounds, will be audible from time to time throughout the year. Each [Lot Owner] acknowledges and agrees that the uses of the South Florida Fairgrounds and Mars Music Amphitheatre pre-dates the development of the [Project] and that in acquiring the respective Lot, the [Lot Owner] had an opportunity to inspection the conditions presented by the uses of the South Florida Fairgrounds and Mars Music Amphitheatre and knowingly and voluntarily acknowledges and accepts such conditions. (ONGOING: MONITORING)

K. PREM

1. The property owner shall provide Palm Beach County Board of County Commissioners with a warranty deed by May 25, 2003 for a 5.34 acre Public civic site, in a location and form acceptable to Facilities, Development & Operations Department (FD&O). Developer to Plat and dedicate the Civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance.

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

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

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

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

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

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

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

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

g) Developer to provide water and sewer stubbed out to the property line. (DATE: MONITORING - PREM)

2. The property owner shall provide the County with a certified survey of the proposed civic site by November 25, 2002.Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria:

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

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

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

Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site. (DATE: MONITORING - PREM)

3. The property owner shall provide PREM with an Environmental Assessment of the proposed civic site by November 25, 2002. The minimum assessment which is required is commonly called a "Phase I Audit". The audit shall describe the environmental conditions of the property and identify the past and current land use.

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

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

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

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

1) EPA's National Priorities list (NPL)

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

3) Hazardous Waste Data Management System List (HWDMS).

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

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

e) Review of Wellfield Protection Zone maps to determine if property is located in a Wellfield Zone. (DATE: MONITORING - PREM)

4. The County agrees to allow a 15' buffer on all four property lines of the civic site. However, it will be the responsibility of the adjacent Homeowners Association (H.O.A.) to install the landscaping, watering system and provide regular maintenance of this area all of which shall be at H.O.A. expense. (MONITORING - PREM)

L. SCHOOL BOARD

1. Since this is to be a gated community, the Bus Stop/Turnaround/Shelter must be place before the gates and clearly shown on the site Plan. The bus turnaround must comply with School District's standard of 110' diameter which is presently shown the preliminary plan. These bus stops shall be sufficient enough in size to accommodate a school bus. The size and location of all such school bus stops shall be coordinated with the Palm Beach County Zoning, Planning, and Engineering Departments, as well as the School District Planning department. (FINAL DRC APPROVAL: ZONING -SCHOOL BOARD)

2. The property owner shall place 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 with the following:

"NOTICE TO HOME BUYERS/TENANTS"

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

M. COMPLIANCE

2. 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.

b. RESOLUTION R-2000-0900

RESOLUTION FOR PETITION PDD/TDR97-121 (DIAMOND C RANCH PLANNED UNIT DEVELOPMENT) OF PALM AFC HOLDINGS, BY WILLIAM R. BOOSE III, AGENT, FOR A TRANSFER OF DEVELOPMENT RIGHTS (TDR) FOR 66 UNITS AND DESIGNATE PDD97-121 AS THE RECEIVING AREA. THE 267.04-ACRE PROPERTY IS LOCATED ON THE WEST SIDE OF BENOIST FARMS ROAD APPROXIMATELY 850 FEET SOUTH OF SOUTHERN BOULEVARD. (P.O.P. 665705 AND 665706) ADOPTED WITH CONDITIONS 6-29-2000

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

1. The preliminary development plan dated May 5, 2000 and perimeter/internal buffers shown thereon shall not be modified unless approved by the BCC. (ONGOING: ZONING)

2. Prior to certification of the Preliminary Development Plan (PDP) by the DRC, a "Contract for Sale and Purchase of TDR's" shall be executed by the applicant, in a manner and form approved by the Office of the County Attorney, and formally executed by the Chairman of the Board of County Commissioners. The Contract shall accommodate a maximum of 66 TDR units at a selling price of $9,883.00 per unit. (DRC: COUNTY ATTORNEY-Zoning)

3. Prior to certification of the Preliminary Development Plan (PDP) by the DRC, two (2) recorded copies of the "Contract for Sale and Purchase of TDR's" shall be provided to the Palm Beach County Zoning Division. (DRC: ZONING)

4. Prior to certification of the Preliminary Development Plan (PDP) by the DRC, monies representing 66 TDR units shall be placed in an escrow account in a form acceptable to Palm Beach County. (DRC: ZONING)

5. Prior to the issuance of the first building permit, the escrow monies shall be released to Palm Beach County. Building permits issued for sales models and/or a temporary real estate sales and management office permitted pursuant to the Unified Land Development Code standards shall not be the trigger for the release of the escrow funds. (BLDG PERMIT: MONITORING - ZONING)

6. Prior to the issuance of the first building permit, a deed conveying the applicable TDR units from the County TDR bank to the subject property, shall be executed and recorded in a manner and form approved by the Office of the County Attorney. This condition does not apply to building permits issued for sales models and/or a temporary real estate sales and management office permitted pursuant to the Unified Land Development Code standards. (BLDG PERMIT: MONITORING - ZONING)

7. Any additional increase in density must be requested through the TDR program. (ONGOING: ZONING)

Principal Planner David Flinchum made the following points in his presentation:

Proposed was a 600-unit planned development consisting of 295 single-family homes and 305 zero lot line homes. The preliminary development plan on Page 241 of the backup indicates several scattered lakes totaling about 62 acres, two preserve areas totaling about 13 acres, an approximate 5-acre parcel being proposed for public civic use, and several recreation areas totaling over 8 acres.

The development is planned to use the existing western access from State Road 7 (U.S. 441), using Pioneer Road, and have two additional access points on either side of the future Lyons Road extension.

The land use designation is Low Residential 2. Planned unit development (PUD) density would allow up to 534 units. The petitioner was asking for an additional 66 units, or a total of 600 units.

The project is subject to the Transfer of Development Rights (TDR) ordinance adopted in March 2000, and staff is recommending the application of the current price of $9,883 for each TDR unit.

The TDR ordinance addresses compatibility for proposed densities with adjacent properties. Project's compatibility with surrounding land uses: (1) to the north is the C-51 canal and Southern Boulevard right-of-way; (2) to the northeast is the existing Whispering Oaks community; (3) to the northwest is the existing Westwoods PUD; and (4) to the south are 1- to 15-acre parcels, some of which have single-family residences, some of which are vacant.

As part of the review process, the petitioner has agreed to limit all perimeter homes that are adjacent to property lines to a single story not to exceed 25 feet in height.

The Traffic Division projects 6,000 trips per day from this project.

The site has two preserve areas: one, eight acres in the east along Benoist Farms Road; the other, five acres in the southern portion of the property, contiguous to the Lake Worth Drainage District (LWDD) L-5 canal. The latter may be relocated by the Environmental Resources Management Department. The TDR ordinance requires a 100-foot buffer when proposing density adjacent to preserve areas.

Perimeter buffering starts with a minimum 25-foot buffer. When there is a difference of 2 units per acre between the receiving area and adjacent properties, an additional 5 feet of buffer is required for every extra unit or fraction thereof. The developer has used interior roadways, proposed lakes, factored in a Florida Power & Light Company easement that bisects the property at Southern Boulevard on the north side, and has incorporated artificial and natural barriers to address density compatibility concerns.

The petitioner is requesting the following flexible regulations: (1) reduction in front setbacks from 25 feet to 22.5 feet; and (2) increase of lot coverage for both the single-family homes and the zero lot line homes. Staff supports both requests. The petitioner has agreed to incorporate several staff-proposed elements, such as street trees and focal points, in order to meet the standards for an exemplary project.

At the June 1, 2000, Zoning Commission meeting, the petition was approved as follows: (1) PUD rezoning by a vote of 5-0; and (2) TDR approval by a vote of 3-2.

Most discussion centered on the access on the LWDD E-1 bridge, specifically the existing two lanes versus the additional third lane that will be generated by the project.

Concerns about the project's residents trespassing on Westwoods property led to the petitioner agreeing to construct a six-foot-high fence along the entire western property line and along the northern property line adjacent the Southern Boulevard canal.

Considerable discussion was devoted to the need for a school bus shelter in this area, especially in light of the additional children who will live in the new community. The petitioner has agreed, at the time of the first certificate of occupancy, to construct a school bus shelter and drop-off area in the southwest corner of the project from Pioneer Road.

Much discussion was devoted to the TDR unit price. The Zoning Commission voted to defer that issue to the Board of County Commissioners.

Staff has received 4 letters in support of the petition, 10 letters in opposition, and 2 letters undecided. Concerns generally dealt with neighborhood trespassing, fencing along the Westwoods community, school bus access, additional traffic, and loss of native vegetation.

Mr. Flinchum noted that the Board had received a handout of revised Engineering conditions. That handout is as follows:

E. ENGINEERING

1. The Property owner shall construct the following turn lane improvements:

I. Lyons Road at SR 80;

a) Restriping on SR 80 to provide for a left turn lane east approach;

b) one right/through lane north approach;

c) Right turn lane south approach

d) Left turn lane south approach;

e) Through lane south approach

II. Lyons Road at the projects south entrance

a) Right turn lane north approach.

III. Pioneer Road at SR 7;

a) Left turn lane east approach

D) Construction identified on Condition E1.III shall be completed prior to the issuance of the first Certificate of Occupancy for phase one of the project. (CO:MONITORING-Eng)

E) Construction identified in Condition E1.I and E1.II above shall be completed prior to the issuance of more than 431 Certificates of Occupancy. (CO:MONITORING-Eng)

3. Prior to December 22, 2000, the Property owner shall provide acceptable surety for:

a) construction plans and construction for Lyons Road as a 3 lane section from Southern Boulevard to theprojects south property line plus any appropriate paved tapers.

b) construction of the four lane Lyons Road Bridge over the C 51 Canal.

All Surety, shall be based in the amount of 118% of a Certified Cost Estimate provided by the Deeloper's Engineer and approved by the County Engikneer and shall be provided to the Land Development Division. (DATE:MONITORING-Eng)

4. Prior to August 1, 2001 construction shall begin for the four lane Lyons Road Bridge over the C 51 Canal. (DATE:MONITORING-Eng)

5. Within 6 months of Palm Beach County's determination of the final alignment for Lyons Road adjacent to the site (as provided for in condition E 9 below), construction shall begin for the Lyons Road construction as a 3 lane section from Southern Boulevard to the project's south property line plus any appropriate paved tapers. (ENGINEERING)

6. Prior to September 1, 2002 or prior to the issuance of the 430th building permit whichever shall first occur, all construction shall be completed (open to traffic) for the construction of Lyons Road from SR 80 to the project's south property line, and the Lyons Road Bride over the C 51 Canal. Impact fee credit shall only be provided for construction plans and construction required for the turn lane identified in condition E1 I.(c) above. (DATE/BLDG PERMIT:MONITORING-Eng)

57. The Property Owner shall fund the cost of signal upgrading as determined by the County Engineer at Lyons Road and Southern Boulevard. The cost of signalization shall also include any required utility relocation. Signalization shall be concurrent with the Lyons Road Construction as outlined above. (ONGOING: MONITORING-Eng).

68. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer and the Florida Department of Transportation at Pioneer Road and SR 7. Signalization shall be a mast arm structure installation. The cost of signalization shall also include any required utility relocation. Should signalization not be warranted after 12 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (ONGOING: MONITORING-Eng)

79. Prior to the DRC approval for the final subdivision plan for POD F or POD G, the final alignment for Lyons Road construction shall be approved by the Board of County Commissioners. Palm Beach County Engineering Department shall use its best efforts to schedule an alignment hearing for Lyons Road for final approval by the Board of County Commissioners prior to January 1,2001. Any adjustments to the Preliminary Development Plan shall then be accommodated. (DRC APPROVAL: ENG)

810. Prior to the recordation of the first plat, the petitioner shall include in the homeowners documents, all sales contracts, as well as all sales brochures, Master Plans and related Site Plans a disclosure statement identifying Lyons Road as a planned thoroughfare roadway adjacent to or through this property. This shall also include the ultimate number of lanes for Lyons Road. Information which appears in written form shall appear in bold print. (PLAT: ENG)

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

a) Prior to the issuance of the first building permit for the project or prior to December 31, 2002, whichever shall first occur, the property owner shall pay the Project's total Fair Share Contribution for Road Improvement Fees ("Road Impact Fees"), less any creditable costs which have been made by the Developer for Conditions ~~E2 and E3~~ E1I(c) above, as they exist at the time of the payment, or may exist at the time of the issuance of the building permits for the project as a result of the final development order issued on the property or amendments to the amount of the Road Impact Fees in the ULDC. Presently the project's total Road Impact Fees are estimated to be $1,833,120. The amount of Road Impact Fees paid pursuant to this condition shall be creditable against the Project's Road Impact Fees due at the time of the building permit issuance, and does not vest the project against future Road Impact Fees increases. This amount may be increased as provided in the Road Impact Fees Ordinance. The Property Owner shall post Performance Security for purposes of Road Impact Fees, as addressed herein, in the form of a Letter of Credit or other form of surety acceptable to the County Attorney's Office in the amount of $1,833,120, or such amount as adjusted based on the final development order. (BLDG PERMITS/DATE: MONITORING-Eng)

1012. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Lyons Road 100 feet of right of way on an alignment to be approved by the Board of County Commissioners from SR 80 south to the projects south property line prior to the issuance of the first Building Permit or prior to June 1, 2001. 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)

1113. The property owner shall provide paved access to the three not included parcels to the south via a Fifty (50) foot road right of way to be provided at the time of the platting the Pioneer Road Extension. This access shall be reflected on the approved preliminary development plan. (DRC: ENG)

1214.Provide a bus pull off and bus shelter at the projects west property line concurrent with the paving improvements of the entrance road from Pioneer Road which is identified as Plat One. The bus pull off and shelter shall be completed prior to the issuance of the first certificate of occupancy. (CO:MONITORING - ENG)

William R. Boose III and Joe Lelonek, agents, and Andrea Troutman, traffic consultant, made their presentations, following which Mr. Boose agreed to the conditions in the staff report and in the handout.

PUBLIC COMMENT:

Stephen Covert sought assurance that Condition E.11, which was added at the Zoning Commission hearing, remained a part of the conditions should the Board approve the item. Zoning Director Whiteford said it would be so.

Ken Mitchell contended the project would add to the area's increasing overcrowding and congestion.

Commissioner Masilotti explained to the speaker that under the Bert J. Harris, Jr., Private Property Rights Protection Act, a governmental entity cannot legally stop a person from building on his or her property provided it meets its current zoning. He added that Palm Beach County had been cited as the most ecologically minded county in the nation this year and that the Board has been able to reduce the growth rate in the unincorporated area by almost 50 percent in the last two years.

Larry Thornborg read a 73-signature petition, summarized as follows:

Adding 66 TDR units would add density to more than disproportionate levels in comparison to Westwoods, which has a density of 0.61.

Zero lot line homes would be incompatible with the neighboring communities.

Pioneer Road is the only ingress/egress of Westwoods. Adding 6,000 trips a day to this road, which is not designed to carry anywhere near that number, threatens the health, safety, and welfare of the community and creates a nightmarish traffic situation. Diamond C Ranch development should use an access other than Pioneer Road.

The Lyons Road extension is scheduled to be built after the construction of 430 homes in the Diamond C Ranch development, but it should be built before such construction. Otherwise, the health, welfare, and safety of the community are jeopardized.

(CLERK'S NOTE: The following motion was made later in the meeting.)

MOTION to receive and file the petition. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Marcus absent.

Ronald P. Mazur, president of the Westwoods Property Owners Association, said the association knew the beautiful area to the east would be developed eventually but argued that the petitioner had gone too far:

The original intent of the development had already been doubled. Experimentation with ideas such as TDRs should not be permitted to impose harm through more density on existing and adjacent communities.

Over 50 percent of the units are zero lot line homes. The neighboring Westwoods consists of 81 acres, 49 lots, large lake, and green areas. Westwoods would like the developer to build estate homes, which are more harmonious with the surrounding communities.

Use of the two-lane Pioneer Road by the developer's construction vehicles in addition to the existing use by Westwoods residents, other neighbors, and a successful commercial business (Odums landscaping) was beyond reason.

Development of the Lyons Road extension before construction has started on the Diamond C Ranch PUD is critical to the existing communities.

In view of these concerns, Mr. Mazur requested a postponement of the petition to enable him and the developer to discuss and these issues.

RECESS

At 11:02 a.m., the Chair declared a recess.

RECONVENE

At 11:14 a.m., the meeting reconvened with Commissioners Aaronson, Lee, Masilotti, Newell, and Roberts present.

Peggy Dokzal said her main concern in opposing the petition was the safety of the children:

High school students have to catch their bus by crossing the six-lane, soon to be eight-lane, State Road 7. There are no traffic signals.

Middle school students have to wait for their school bus directly in front of Odums landscaping business on the L Canal bridge. Pickup time is 6:50 a.m.

The elementary school bus has to make a three-point turn in order to pick up and drop off students.

With Odums business traffic--sod trucks and dump trucks full of topsoil and earth--as well as community traffic, these sites are unsafe for children in the light of day, never mind the dark.

The new development wants to add more than 500 units which will add thousands of additional trips traveling along Pioneer Road daily. This will seriously jeopardize the safety of the area children.

Jean Mills, representing the Planning and Real Estate Department of the School District, assured Commissioner Newell that the School District agreed to have all students picked up at the entrance to Diamond C Ranch development on Pioneer Road.

Don Armsey said that "nature is the focus" at Westwoods, which consists of lots one acre or greater and every home on a lake, which is shared by foxes, alligators and rare birds. He contended the overall development density of the Diamond C Ranch proposal was against both current zoning and a gradual flow of low- to high-density housing. He complimented the Legends Lakes development at Lake Worth Road and State Road 7; its 1.0-acre lots in front and 0.5-acre lots to the rear provide a nice flow and take nature into account. Citing the loss of nature in the western area while recognizing the press of development, Mr. Armsey said that too much was happening too fast and asked the Board to reject the proposal.

Commissioner Roberts reminded Mr. Armsey that under Florida law, two units per acre are allowed on the property right now and said that she did not know if what he requested was legally possible.

Maxine Cheeseman deplored the impending loss of "nirvana" at Westwoods, which was shared by residents and wildlife. She objected to the development as proposed for the following reasons:

Zero lot line homes are not compatible with the existing community, which has houses greater than 2,500 square feet on one acre or more and values in the $250,000 range.

Westwoods' only access is a 1,000-foot-long bridge on Pioneer Road. The increasing number of homes that will be using that single access will create traffic jams and be especially hard for the five homes located on Pioneer itself. If the Diamond C Ranch development moves forward, other access points should be available at the start of the project, not after 400 homes have been built.

The development as proposed will reduce property values. Westwoods will be bordered by zero lot line homes to the east and a six-lane speedway to the west.

Addressing the Pioneer Road concern, Commissioner Masilotti clarified, through questioning of Land Development Director Ken Rogers, that construction of the Lyons Road bridge over the C-51 canal would be started within the year, not after the construction of 400 homes, and that it and construction of the Lyons Road extension would be completed prior to September 1, 2002, or prior to the issuance of the 430th building permit, whichever shall first occur.

Commissioner Newell observed that building 400 homes in two years was unrealistic and asked the petitioner to consider a reduction to a more pragmatic number.

Richard Dupere shared his neighbors' concerns about Westwoods' access and asked that Pioneer Road not be burdened with traffic from 400 or even 300 homes.

Commissioner Masilotti informed the speaker that the applicant had agreed to change the building permit figure to 250.

Craig Cohen said it would be unsafe for children on Pioneer Road during construction with its concomitant speeding trucks and strangers "wandering around." Pioneer Road is a very tight two-lane roadway, he noted, and any vehicle that breaks down does so in his front yard. He said he felt very uncomfortable about his daughters playing in the front yard now. Dana Cohen shared her father's concerns and questioned how she would be able to ride her bicycle or walk to a friend's house.

Commissioners Roberts, Aaronson, and Newell responded to the speakers' concerns. Commissioner Aaronson described the legal restrictions which bound the Board, applauded the building permit reduction obtained by Commissioner Masilotti and the developer, and said that all the Board could do was to help the residents get more "things," more buffers, more greenery.

Commissioner Newell assured the speakers that their comments were worthwhile and would factor into the conditions to make the project more compatible, should it be approved. He was writing down their comments, he said.

Elyce Werner expressed concern about Pioneer Road access, school bus access, and berm versus chain link fence.

Commissioner Aaronson determined through questioning of staff and petitioner that the vinyl-coated, six-foot-high chain link fence would be substantially buffered and not be visible.

Sharyn Grace said that the developer's zero lot line homes on 75- to 100-foot lots were not compatible with homes on acres or half acres.

(CLERK'S NOTE: At this time a motion was made to receive and file the petition presented by Mr. Thornborg. See Page 65.)

Joseph Vacarro, vice-president of the Westwoods Property Homeowners Association, said the association would like to privatize Pioneer Road if the County would be willing to relocate it. He objected to the zero lot line homes.

Commissioner Masilotti suggested that all construction traffic use the Lyons Road bridge as soon as it was built (approximately two years), thus removing that traffic from Pioneer Road. Land Development Director Rogers said a condition could be so written. Zoning Director Whiteford suggested:

Access for construction vehicles shall be limited to Lyons only after access to project from Lyons is completed in accordance with Condition E.6.

Agent Boose agreed to the condition.

Mr. Masilotti asked if the petitioner would be willing to build Lyons Road first. Mr. Boose replied that that would pose severe feasibility problems

Mr. Masilotti suggested using native vegetation, such as oak trees, instead of palm trees. Mr. Boose said the petitioner could do that; he also said that the petitioner planned to replant the current trees, specifically, relocate them to buffers contiguous to the neighbors where that is required. He added that the petitioner would provide mature canopy trees on the buffer installations. The goal was to establish the same sense of opaque wilderness residents currently enjoy in the 25- to 30-foot buffer along the property line.

Agent Lelonek told Commissioner Masilotti that the buffer would not be bermed because of the number of native pine trees in the area. "You berm it, you kill them," he said.

Mr. Boose told Commissioner Masilotti that a wooden fence "creates all kinds of tree destruction" and "becomes a graffiti board."

Commissioner Newell asked, to follow up on Commissioner Masilotti's idea, if it would be possible to initiate design and right-of-way acquisition immediately upon Development Review Committee certification. Mr. Boose said that no one apart from the petitioner was involved in right-of-way acquisition. As for design, he referred Mr. Newell to the County Engineer who has been instrumental in developing the conditions for Lyons Road because of other Lyons Road issues in the general area.

County Engineer George T. Webb stressed that in order for this project to be able to move forward, the Board needed to establish an alignment for Lyons Road through the project and potentially to the south. Staff could start the process of bringing back the alignment for Board consideration as early as the fall of 2000, he said.

A lengthy discussion on alignment followed.

Commissioner Aaronson suggested that the alignment be brought forward. Messrs. Webb and Boose agreed.

Commissioner Newell asked if the alignment study could be completed and in position to allow the petitioner to start construction in August 2001. Mr. Webb said that it could.

Mr. Newell said he thought it better to have a flexibility of unit types, although residents may not like that, because it makes for diversity and different types of people.

Mr. Newell relayed residents' concerns that only the fronts of units, and not the rears of units, were being addressed. Zoning Director Whiteford said staff has been experiencing that problem with single-family homes and town houses. He said that there were no zero lot line homes on the perimeter of the project--only single-family homes.

As for maintaining the preserve quality, Mr. Boose told Commissioner Newell that there was a preservation plan for current or better quality together with a management plan. Maintenance would be the developer's responsibility and, subsequently, the homeowners association. Environmental Analyst Robert Kraus stated that a management plan for all on-site preserves was required before the issuance of any vegetation permit.

Commissioner Newell determined through questioning of staff that traffic signalization would be required at Pioneer Road and State Road 7 when it was warranted. Further discussion brought forth that with 430 units being reduced to 250 units, the traffic on Pioneer Road would be reduced significantly. Mr. Rogers said that at this stage, staff was projecting what the traffic would be; a warrant, however, is based on actual traffic. Staff's best guess right now, he said, was that a traffic signal would be warranted. Mr. Rogers explained the petitioner would fund the cost of signal installation and that should signalization not be warranted after 12 months of the final certificate of occupancy, the petitioner would be relieved from this requirement. Commissioner Aaronson said he wanted the requirement to stay in effect for three years, not 12 months. Mr. Rogers agreed to change the condition.

School District representative Mills assured Commissioner Newell that the project met the proposed school concurrency ordinance.

Commissioner Newell emphasized that when a hedge is planted at a chain link fence with inside-out irrigation, the irrigation does not reach the outside and the whole area dies. Principal Planner Flinchum responded that inward-spraying heads on the buffer exterior should address any problems interfering with spray patterns. Agent Boose noted that the petitioner had committed to full irrigation throughout the buffer.

Mr. Boose assured Commissioner Newell that the southern gatehouse would be constructed in the first phase.

Based on Board direction concerning access, Land Development Director Rogers suggested adding a condition that all units in the development would have access to Lyons Road when it was opened for traffic. Therefore, the connecting east-west road between the project and Lyons Road would have to be constructed at the same time. Mr. Rogers assured Mr. Boose that the petitioner would receive approvals without the abutting pods being platted concurrently. Mr. Boose agreed to the condition.

MOTION to adopt a resolution approving the request of Petition PDD/TDR for an Official Zoning Map Amendment from AR and RE to Residential PUD. Motion by Commissioner Roberts and seconded by Commissioner Aaronson.

Mr. Flinchum said that Landscape Condition G needed to be revised for the western property line along Westwoods PUD. The amendment would call for a 35-foot buffer with trees alternating on both sides of the fence at 20-foot on-center spacing. He apologized for not mentioning earlier that a new code provision requires that native vegetation be used in buffers.

AMENDED MOTION 1 to include the conditions as amended. The maker and seconder agreed.

The Board made their disclosures at this time.

Commissioner Newell initiated an extensive discussion concerning possible pedestrian-bicycle access along Pioneer Road. The Board indicated their preference for an eight-foot bicycle path in Pioneer Road's existing north right-of-way from State Road 7 to the project's west property line. Mr. Boose agreed with Zoning Director Whiteford's comment that the bicycle path would be a continuation of an internal bicycle path along the 80-foot rights-of-way throughout the project.

AMENDED MOTION 2 to include the bicycle path condition. The maker and seconder agreed. Upon call for a vote, the motion carried 5-0. Commissioners McCarty and Marcus absent.

MOTION to adopt a resolution approving the request of Petition PDD/TDR97-121 for a TDR for 66 units and designate PDD97-121 as the receiving area. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 4-1. Commissioner Masilotti opposed. Commissioners McCarty and Marcus absent.

(CLERK'S NOTE: The following condition modifications appear in the adopted resolution:)

Added Condition D.5:

The irrigation system for all perimeter buffers shall be designed and maintained with sprinkler head locations providing complete overlapping coverage and oriented towards the middle of the buffer areas. (ONGOING: LANDSCAPE-Zoning)

Revised Condition E.1.C:

Permits required by Palm Beach County and the Florida Department of Transportation for the construction of E1.I and E1.II shall be submitted concurrent with Platting more than ~~430~~ 250 total dwelling units. (PLAT: ENGINEERING)

Deleted Condition E.2:

Prior to February 1, 2001 the Property owner shall provide construction plans for Lyons Road as a 3 lane section plus the appropriate paved tapers. These construction plans shall be approved by the County Engineer based upon Palm Beach County's minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. Plan costs shall be approved by the County Engineer. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. Impact fee credit shall only be provided for construction plans required for the turn lane identified above in condition E1 I.(c) above. (DATE: MONITORING-Eng)

Deleted Condition E.3:

The property owner shall construct Lyons Road as a 3 lane section from SR 80 to the project's south property line in accordance with the condition above. Construction shall be completed on or before January 1, 2002 or prior to the issuance of the 430^th building permit whichever shall first occur. Impact fee credit shall only be provided for the construction of the turn lane identified above in condition E1 I.(c) above. (DATE/BLDG PERMIT: MONITORING-Eng)

Deleted Condition E.4:

Acceptable surety required for the Lyons Road improvements as outlined in Conditions above shall be posted with the Office of the Land Development Division on or before December 27, 2000. Surety in the amount of 110% shall be based upon a Certified Cost Estimate provided by the Developer's Engineer. (TPS) (DATE: MONITORING-Eng)

Added Condition E.2:

Prior to December 22, 2000, the Property owner shall provide acceptable surety for:

a) construction plans and construction for Lyons Road as a 3 lane section from Southern Boulevard to the projects south property line plus any appropriate paved tapers.

b) construction of the four lane Lyons Road Bridge over the C 51 Canal.

All Surety shall be based in the amount of 118% of a Certified Cost Estimate provided by the Developer's Engineer and approved by the County Engineer shall be provided to the Land Development Division.

Added Condition E.3:

Prior to August 1, 2001 construction shall begin for the four lane Lyons Road Bridge over the C 51 Canal. (DATE: MONITORING-Eng)

Added Condition E.4:

Within 6 months of Palm Beach County's determination of the final alignment for Lyons Road adjacent to the site (as provided for in Condition E.8 below), construction shall begin for the Lyons Road construction as a 3 lane section from Southern Boulevard to the project's south property line plus any appropriate paved tapers. (ENGINEERING)

Added Condition E.5:

Prior to September 1, 2002 or prior to the issuance of the 250th building permit whichever shall first occur, all construction shall be completed (open to traffic) for the construction of Lyons Road from SR 80 to the project's south property line, and the Lyons Road Bridge over the C 51 Canal. Impact fee credit shall only be provided for construction plans and construction required for the turn lane identified in condition E1 I.(c) above. (DATE/BLDG PERMIT:MONITORING-Eng)

Former Condition E.5 renumbered E.6.

Revised Condition E.7 (formerly Condition E.6):

The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer and the Florida Department of Transportation at Pioneer Road and SR 7. Signalization shall be a mast arm structure installation. The cost of signalization shall also include any required utility relocation. Should signalization not be warranted after 12 36 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (ONGOING: MONITORING-Eng)

Former Condition E.7 renumbered E.8.

Former Condition E.8 renumbered E.9.

Revised Condition E.10 (formerly E.9):

(First two paragraphs unchanged.)

(Last paragraph unchanged.)

Former Condition E.10 renumbered E.11.

Former Condition E.11 renumbered E.12.

Former Condition E.12 renumbered E.13.

Added Condition E.14:

Access for construction vehicles using the site shall be limited to Lyons Road after access to the project from Lyons Road is completed in accordance with Condition E.5 above.

Added Condition E.15:

At the time of the completion of the Lyons Road connection to SR 80 all completed dwelling units within the PUD shall have paved access to Lyons Road. (ENGINEERING)

Added Condition E.16:

Property owner shall construct one eight foot pedestrian pathway within the north right of way of Pioneer Road from SR 7 to the projects west property line concurrent with the construction of Pioneer Road with this site subject to the approval of the County Engineer. (ENGINEERING)

Revised Condition G.1:

Landscaping and buffering along the west property line adjacent to Westwood PUD shall be upgraded to include:

a. a minimum thirty (35) foot wide landscape buffer strip with no reductions or easement encroachments be permitted except traversing utility or drainage easement crossings;

b. one (1) canopy tree planted every twenty (20) feet on center alternating on both sides of the fence;

c. one (1) additional palm or pine tree for every twenty (20) linear feet of property line, with a maximum spacing of one hundred (100) feet between clusters;

d. twenty four (24) inch high shrub or hedge material on the exterior side of the fence spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty six (36) inches;

e. a perimeter six (6) foot high vinyl coated chain link fence along the entire western property line from Pioneer Road north to the project's proposed north fence parallel to the southern Boulevard/C-51Canal. (CO: LANDSCAPE)

Added Condition J.13:

Prior to final site plan certification by the Development Review Committee (DRC), the petitioner shall provide reduced colored copies of all supportive graphics presented at the June 29, 2000 BCC public hearing. These graphics shall be made a part of the petition file. (DRC:ZONING)

6. DIRECTOR COMMENTS

6.A. ZONING DIRECTOR - None

6.B. PLANNING DIRECTOR - None

6.C. COUNTY ENGINEER - None

7. COMMISSION COMMENTS

7.A. COMMISSIONER TONY MASILOTTI

7.A.1.

USE OF PREPAID IMPACT FEES ON STATE ROAD 7 CORRIDOR. DISCUSSED 6-29-2000

Commissioner Masilotti remarked that the Board had recently discussed the prepayment of impact fees on the State Road 7 corridor, which would dedicate those funds to the improvements for which they are paying. He said he would like to discuss the matter further so as to be able to verify that the moneys being prepaid by developers along State Road 7 are allocated for State Road 7. He noted that the Board had never officially adopted that position.

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

County Engineer Webb said the issue would be scheduled for Board consideration on, probably, the July 25, 2000, Regular Agenda.

7.B. COMMISSIONER WARREN H. NEWELL

7.B.1.

PROPOSED WORKSHOP ON TRANSFER OF DEVELOPMENT RIGHTS (TDR). DISCUSSED 6-29-2000

Commissioner Newell cited the TDR units that had been retired with the $125 million bond issue and proposed scheduling a workshop to discuss again established TDRs that are being transferred. He suggested that the Board needed to develop different ways to try to encourage more preservation of land.

Zoning Director Whiteford remarked that an appropriate time to discuss the matter might be at the presentation of the annual TDR report in August 2000.

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

Commissioner Lee announced that the meeting had lost its quorum and declared the meeting adjourned.

8. ADJOURNMENT

The Chair declared the meeting adjourned at 12:39 p.m.

ATTESTED: APPROVED:

Clerk Chair