Zoning Meeting of August 24, 2000

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 August 24, 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 - Arrived later
Commissioner Karen T. Marcus
Commissioner Tony Masilotti
Commissioner Carol A. Roberts
Assistant County Attorney Barbara Alterman
2:00 p.m. Time Certain Item:
Assistant County Attorney Robert P. Banks
Assistant County Administrator Verdenia C. Baker
Deputy Clerk Joan Haverly

1.B.1. PRAYER - Commissioner Marcus

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 August 24, 2000, at 9:30 a.m., in the County Commission Chambers, 6th Floor, 301 North Olive Avenue, West Palm Beach, Florida.

1.D. PROOF OF PUBLICATION APPROVED 8-24-2000

MOTION to receive and file Proofs of Publication 707604, 720172, and 720173. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 652501 [2-24-2000], 665705 and 665706 [6-29-2000], 681076 and 681077 [7-27-2000], 693538 and 693539 [3-23-2000], 700422 and 700423 [4-27-2000], and 926900 [7-27-00]. These public hearings were continued to today's meeting.)

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

1.E. SWEARING-IN BY ASSISTANT COUNTY ATTORNEY

1.F. ADOPTION OF AGENDA

MOTION to adopt the agenda as amended (see Item 1.F.1.). Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 7-0.

1.F.1. AMENDMENTS TO AGENDA

Page Item Petition/Change

4 4.B.7. CA2000-038 - Canine to Five:

Amend Condition D.3.

4 4.B.8. Z2000-040 - Little Spring:

Amend Condition A.1.

8 4.E.24. PDD90-17(A) - Boynton Self Storage:

Correct Resolution R-97-780 to read R-97-1289.

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

I.H. UNSCHEDULED ITEMS

POSTPONEMENTS AND WITHDRAWALS - See pages 2-4.

3. DELETED.

4. CONSENT AGENDA - See pages 5-14.

5. REGULAR AGENDA - See pages 14-93 and 96-97.

Item pulled from consent agenda:

4.B.9. - See pages 14-20.

2:00 p.m. time certain item:

5.B.26. - See pages 96-97.

6. DIRECTOR COMMENTS

ZONING DIRECTOR - None
PLANNING DIRECTOR - None
COUNTY ENGINEER - None

7. COMMISSION COMMENTS - See pages 94-95.

8. ADJOURNMENT - See page 97.

*****

2. POSTPONEMENTS AND WITHDRAWALS

2.A. POSTPONEMENTS

2.A.1. PETITION 99-30

PETITION CA99-30(A) (PALM BEACH COUNTRY ESTATES PRE-SCHOOL) OF PALM BEACH COUNTRY 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 [6-29-2000]) POSTPONED TO SEPTEMBER 28, 2000 -- 8-24-2000

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

2.A.2. PETITION 2000-018

PETITION Z/CA2000-018 OF FIRST ROMANIAN BAPTIST CHURCH OF WEST PALM BEACH, INC., BY BERIL KRUGER, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RT-RESIDENTIAL TRANSITIONAL AND A CLASS A CONDITIONAL USE (CA) TO ALLOW A CHURCH OR PLACE OF WORSHIP ON THE 4.92-ACRE PROPERTY LOCATED APPROXIMATELY 1,700 FEET WEST OF HAVERHILL ROAD ON THE SOUTH SIDE OF MELALEUCA LANE. (P.O.P. 681076 AND 681077 [7-27-2000]) POSTPONED TO SEPTEMBER 28, 2000 -- 8-24-2000

Staff Recommendation: Postponement until September 28, 2000. Postponement requested by Zoning Commission.

No backup provided.

2.A.3. PETITION 96-105

PETITION DOA96-105(A) (ATLANTIC CENTER MULTIPLE USE PLANNED DEVELOPMENT) OF DELRAY LAND COMPANY OF IOWA INC. AND PORTALEGRE, BY LAND DESIGN SOUTH, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS OF APPROVAL IN RESOLUTION R-97-1097, ADD BUILDING SQUARE FOOTAGE, RECONFIGURE THE MASTER PLAN, AND ADD A SECOND SELF-STORAGE FACILITY AND VEHICLE RENTAL AS REQUESTED USES ON THE 9.16-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE EAST OF JOG ROAD ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE. (P.O.P. 693538 AND 693539 [3-23-2000]) POSTPONED TO OCTOBER 26, 2000 -- 8-24-2000

Staff Recommendation: Postponement until October 26, 2000. Postponement requested by petitioner; staff has no objection.

2.A.4. PETITION 96-62

PETITION Z/DOA96-62(B) OF AMERICAN HERITAGE SCHOOL OF BOCA DELRAY, INC., AND WILLIAM R. LAURIE, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RS-SINGLE-FAMILY RESIDENTIAL AND A DEVELOPMENT ORDER AMENDMENT (DOA) TO ADD LAND AREA, ADD STUDENTS, RECONFIGURE THE SITE PLAN, AND MODIFY/DELETE CONDITIONS OF APPROVAL IN RESOLUTION R-97-1569 FOR 6.59 ACRES OF THE 40.31-ACRE PROPERTY LOCATED APPROXIMATELY 1,300 FEET EAST OF JOG ROAD ON THE SOUTH SIDE OF LINTON BOULEVARD. (P.O.P. 681076, 681077, AND 926900 [7-27-2000]) POSTPONED TO OCTOBER 26, 2000 -- 8-24-2000

Staff Recommendation: Postponement until October 26, 2000. Postponement requested by petitioner; staff has no objection.

2.A.5. PETITION 94-80

STATUS REPORT SR94-80 FOR RESOLUTIONS R-95-273 AND R-95-274 FOR PETITION 94-80 (ROYAL PALM PRESBYTERIAN CHURCH) OF ROYAL PALM PRESBYTERIAN CHURCH, INC., FOR THE 4.65-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF HYPOLUXO ROAD EAST OF JOG ROAD. THE PROPERTY IS ZONED RTU-RESIDENTIAL TRANSITIONAL URBAN WITH A CLASS A CONDITIONAL USE ALLOWING A CHURCH OR PLACE OF WORSHIP. POSTPONED TO NOVEMBER 30, 2000 -- 8-24-2000

Staff Recommendation: Postponement until November 30, 2000.

4.D.12. PETITION 86-8

STATUS REPORT SR86-8C.8 FOR RESOLUTIONS R-90-838 AND R-90-839 OF PETITION 86-8(C) (PINEWOOD SQUARE PCD) OF RADNOR/HIGIER PARTNERSHIP #3, PETITIONER (MDN LANTANA, LTD., AND VASTGOED DIM, OWNERS), TO AMEND CONDITIONS OF APPROVAL (ROAD CONSTRUCTION) FOR THE 4.65-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LANTANA ROAD AND JOG ROAD. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR AN EXISTING PLANNED COMMERCIAL DEVELOPMENT (PCD) TO INCREASE THE LAND AREA, PERMIT AN AUTOMOBILE SERVICE STATION, AND ADD A FINANCIAL INSTITUTION WITH FIVE DRIVE-UP TELLER WINDOWS. POSTPONED TO OCTOBER 26, 2000 -- 8-24-2000

Revised Staff Recommendation: Postponement until October 26, 2000.

Zoning Director William C. Whiteford informed the board that the agent had requested a postponement until October 26, 2000, and that staff had no objection.

5.E.33. PETITION 98-77

PETITION DOA98-77(A) (VILLAGE CORNER MULTIPLE USE PLANNED DEVELOPMENT) OF HERBERT F. KAHLERT AND KARL A. KAHLERT, BY KIERAN J. KILDAY, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS OF APPROVAL AND RECONFIGURE THE MASTER PLAN FOR THE 17.94-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAKE WORTH ROAD AND LYONS ROAD. (P.O.P. 720172) POSTPONED TO SEPTEMBER 28, 2000 -- 8-24-2000

Revised Staff Recommendation: Postponement until September 28, 2000.

Zoning Director Whiteford said that the agent had requested a postponement until September 28, 2000, and that staff had no objection.

MOTION to POSTPONE Items 2.A.1., 2.A.2., 2.A.3., 2.A.4., 2.A.5., 4.D.12., and 5.E.33. to the dates indicated. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

PUBLIC COMMENT:

Frank Cooney said that earlier he had presented a petition in opposition to Item 5.E.33. and that only 4 out of 86 residents were in approval of the project. He further said that he and his neighbors had become aware of today's meeting only one week earlier and would welcome the opportunity to speak on the item at the proper time.

(CLERK'S NOTE: A copy of the petition was not furnished to the Clerk.)

Commissioner Marcus told the speaker that the agent would probably contact the opposing residents.

2.B. WITHDRAWALS - None

3. DELETED

4. CONSENT AGENDA

4.A. REQUEST TO PULL ITEM FROM CONSENT AGENDA

Commissioner Newell pulled Item 4.B.9. for discussion. See pages 14-20.

4.B. ZONING PETITIONS

4.B.6. RESOLUTION R-2000-1224

RESOLUTION FOR PETITION Z94-080(A) (ROYAL PALM PRESBYTERIAN) OF PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS, PETITIONER/AGENT (ROYAL PALM PRESBYTERIAN CHURCH, INC., OWNER), FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RTU-RESIDENTIAL TRANSITIONAL URBAN TO RT-RESIDENTIAL TRANSITIONAL FOR THE 4.65-ACRE PROPERTY LOCATED APPROXIMATELY 500 FEET EAST OF JOG ROAD ON THE SOUTH SIDE OF HYPOLUXO ROAD. (P.O.P. 720172 AND 720173) ADOPTED 8-24-2000

Staff Recommendation: Approval of the zoning map amendment and adoption of a resolution affirming that action.

4.B.7. RESOLUTION R-2000-1225

RESOLUTION FOR PETITION CA2000-038 (CANINE TO FIVE) OF SARAH ZOLTEN, PETITIONER (FLORIDA INVESTMENT ASSOCIATES, INC., OWNER), BY BURT SMITH, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A DOG DAY CARE CENTER ON THE 5.85-ACRE SITE AT THE SOUTHWEST CORNER OF LAKE WORTH ROAD AND MILITARY TRAIL. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL. (P.O.P. 720172 AND 720173) ADOPTED WITH CONDITIONS AS AMENDED 8-24-2000

Staff Recommendation: Approval of the conditional use and adopt 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 17, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. BUILDING AND SITE DESIGN

1. Total gross floor area of the dog daycare center shall be limited to a maximum of 1,560 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet, whichever is less, subject to approval by Traffic Division or DRC. (DRC: ZONING)

C. INTERIOR LANDSCAPING

1. Foundation planting or grade level planters shall be provided along the north facade of the dog daycare facility to consist of the following:

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

b. The length of the required landscaped areas shall be no less than 50% of the total length of the north side of the dog daycare facility; and,

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

D. DOG DAYCARE

1. The dog daycare center shall be limited to a maximum of thirty (30) dogs. (ONGOING: HEALTH)

2. Hours of operation for the dog daycare center shall be limited to 6:00 a.m. to 9 p.m. daily. (ONGOING: CODE ENF)

3. No outdoor activities for dogs shall be permitted on the premise and along the LWDD CANAL L-12 easement. (ONGOING: CODE ENF)

4. Outdoor activities such as drop-off/pick-up shall be permitted only in the designated area of the premise and as shown on the site plan dated May 17, 2000. (ONGOING: CODE ENF)

5. The petitioner shall dispose of all dog waste generated on or off the subject property in accordance with section 6.4.D.30.1 of the ULDC. (ONGOING: CODE ENF)

E. ENGINEERING

No comments.

F. SIGNS

1. No additional freestanding signs shall be permitted on the site. (CO: BLDG)

2. Wall signs shall be limited to the north facade of the building and shall be limited to twenty-four (24) inches high. (CO: BLDG)

G. 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)

The Amendments to the Agenda sheet contained the following modification to Condition D.3:

No outdoor activities for dogs (except for getting access to Military Trail) shall be permitted on the premise and along the LWDD CANAL L-12 easement. (ONGOING: CODE ENF)

4.B.8. RESOLUTION R-2000-1226

RESOLUTION FOR PETITION Z2000-040 (LITTLE SPRING) OF ADARE, INC., BY GEORGE GENTILE, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RS-SINGLE-FAMILY RESIDENTIAL TO RT-RESIDENTIAL TRANSITIONAL FOR THE 3.59-ACRE PROPERTY LOCATED APPROXIMATELY 800 FEET EAST OF LOXAHATCHEE RIVER ROAD ON THE NORTH SIDE OF PENNOCK POINT ROAD. (P.O.P. 720172 AND 720173) ADOPTED WITH VOLUNTARY COMMITMENTS AS AMENDED 8-24-2000

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

A. HEALTH

1. The Palm Beach County Health Department, prior to final site plan approval, must approve a septic tank subdivision analysis application. (DRC: HEALTH)

There are no conditions B through D. The letter "E" is reserved for the Engineering Department.

E. ENGINEERING

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

F. COMPLIANCE

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.

The Amendments to the Agenda sheet contained the following revision to Voluntary Commitment A.1:

~~The Palm Beach County Health Department, p~~Prior to final DRC certification of the site plan ~~approval~~, the petitioner shall submit ~~must approve~~ a septic tank subdivision analysis application to the Health Department for approval. (DRC: HEALTH)

4.B.9. See pages 14-20.

4.C. RECEIVE AND FILE ZONING COMMISSION RESOLUTION

4.C.10. PETITION 2000-027

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-014 FOR PETITION CB2000-027 OF NICAL OF PALM BEACH, BY BURT SMITH, AGENT, FOR A CLASS B CONDITIONAL USE (CB) TO ALLOW A WHOLESALE NURSERY IN THE RS-SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT. THE PROPERTY IS LOCATED APPROXIMATELY 250 FEET EAST OF JOG ROAD ON THE SOUTH SIDE OF BELVEDERE ROAD. (P.O.P. 720172 AND 720173) APPROVED [WITH CONDITIONS] 8-24-2000

Staff Recommendation: Receipt and file of the resolution.

4.D. STATUS REPORTS

4.D.11. RESOLTUION R-2000-1227

RESOLUTION FOR STATUS REPORT SR85-91A.7 FOR RESOLUTION R-89-1438 OF PETITION 85-91(A) (COMFORT INN) OF OKEECHOBEE MOTEL JOINT VENTURE, PETITIONER (WPB INNKEEPERS, OWNER), TO APPROVE A DEVELOPMENT ORDER AMENDMENT (DOA) TO DELETE THE ADDITIONAL SQUARE FOOTAGE APPROVED BY R-89-1438 AND TO AMEND CONDITIONS OF APPROVAL (DRAINAGE AND FEES) IN R-89-1438 FOR THE 2.99-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF OKEECHOBEE BOULEVARD APPROXIMATELY 220 FEET WEST OF WEST DRIVE. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR A MOTEL TO INCREASE THE SQUARE FOOTAGE AND DECREASE THE LAND AREA. (AMENDS R-89-1438) ADOPTED WITH CONDITIONS 8-24-2000

Staff Recommendation: Approval of the modifications to Resolution R-89-1438 and adoption of a resolution affirming that action; the following conditions apply:

1. All previously approved conditions of approval continue to apply unless expressly modified herein. (ONGOING)

2. Condition number 5 of Resolution R-89-1438 which states:

The Developer shall provide discharge control and treatment for the stormwater runoff in accordance with all applicable agency requirements in effect the time of the permit application. However, at a minimum, this development shall retain onsite the stormwater runoff generated by a three (3) year-one (1) hour storm with a total rainfall of 3 inches as required by the Permit Section, Land Development Division. In the event that the subject site abuts a Department of Transportation maintained roadway, concurrent approval from the Florida Department of Transportation will also be required. The drainage system shall be maintained in an acceptable condition as approved by the County Engineer. In the event that the drainage system is not adequately maintained as determined by the County Engineer, this matter will be referred to the Code Enforcement Board for enforcement.

Is hereby deleted. (ONGOING: ENG)

3. Condition number 6 of Resolution R-89-1438 which states:

The petitioner 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 proposed 12 additional rooms is $4,501.00 (168 additional trips X $26.79 per trip).

Is hereby deleted. (ONGOING: BLDG)

4. Condition number 7 of Resolution R-89-1438 which states:

In addition the Developer shall contribute the amount of $450.00 as established in Article V Section 3 (Insignificant Project Standard) of the Traffic Performance Standards Code. These total funds of $450.00 shall be paid prior to the issuance of the first Building Permit or prior to whichever shall first occur.

4.D.12. See page 4.

4.D.13. PETITION 81-233

STATUS REPORT SR81-233.3 FOR RESOLUTIONS R-82-151 AND R-82-152 OF PETITION 81-233 (BALMORAL) OF CROUCH-PALERMO FLORIDA INC., PETITIONER (FAIRFIELD COMMUNITIES, INC., OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 13, 2001, FOR BOTH RESOLUTIONS FOR 5.9 ACRES OF THE 271.0-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE FLORIDA TURNPIKE AND LANTANA ROAD. THE PROPERTY IS ZONED RT-RESIDENTIAL TRANSITIONAL WITH A SPECIAL EXCEPTION TO ALLOW A PLANNED UNIT DEVELOPMENT, INCLUDING AN ON-SITE WATER AND SEWAGE TREATMENT FACILITY AND EXCAVATION. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until June 13, 2001.

4.D.14. PETITION 83-82

STATUS REPORT SR83-82A.2 FOR RESOLUTIONS R-95-860 AND R-95-861 OF PETITION 83-82(A) (ADDISON ACADEMY DAY CARE) OF LIONEL G. ASTOR, PETITIONER (NINETEEN 860 JOG ROAD LTD. PARTNERSHIP, OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 22, 2001, FOR BOTH RESOLUTIONS FOR THE 3.5-ACRE PROPERTY LOCATED ON THE EAST SIDE OF JOG ROAD APPROXIMATELY 0.2 MILE NORTH OF GLADES ROAD. THE PROPERTY IS ZONED RTS-RESIDENTIAL TRANSITIONAL SUBURBAN WITH A DEVELOPMENT ORDER AMENDMENT TO AMEND THE SITE PLAN, ADD SQUARE FOOTAGE, AND INCREASE THE NUMBER OF CHILDREN FOR AN EXISTING DAY CARE CENTER. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until June 22, 2001.

CONSENT AGENDA - CONTINUED

4.D.15. PETITION 90-13

STATUS REPORT SR90-13.7 FOR RESOLUTIONS R-90-1444 AND R-90-1445 OF PETITION 90-13 (CLOUTIER) OF CLOUTIER CONSTRUCTION COMPANY, INC., PETITIONER (RAFFAEL ABBANATTE, OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 28, 2001, FOR BOTH RESOLUTIONS FOR THE 4.1-ACRE PROPERTY LOCATED ON THE WEST SIDE OF LAWRENCE ROAD APPROXIMATELY 0.5 MILE NORTH OF HYPOLUXO ROAD, BOUNDED ON THE SOUTH BY LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL 17 AND ON THE NORTH BY EIGHTH COURT. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until June 28, 2001.

4.D.16. PETITION 91-23

STATUS REPORT SR91-23B FOR RESOLUTION R-96-1736 OF PETITION 91-23(B) (PALMS WEST PRESBYTERIAN CHURCH) OF PALMS WEST PRESBYTERIAN CHURCH TO APPROVE A TIME EXTENSION UNTIL JULY 10, 2002, FOR THE 8.0-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF OKEECHOBEE BOULEVARD APPROXIMATELY 0.1 MILE WEST OF F ROAD. THE PROPERTY IS ZONED RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) WITH A DEVELOPMENT ORDER AMENDMENT TO ADD BUILDING SQUARE FOOTAGE AND REDESIGN THE SITE PLAN FOR A CHURCH OR PLACE OF WORSHIP AND ACCESSORY BUILDINGS AND STRUCTURES. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until July 10, 2002.

4.D.17. RESOLUTION R-2000-1228

RESOLUTION FOR STATUS REPORT SR92-7.3 FOR RESOLUTIONS R-93-515 AND R-93-516 OF PETITION 92-7 (LIPKINS PCD) OF SHIRLEY K. BERNSTEIN AND ANN K. SCHULMAN, PETITIONERS (KATHLEEN B. LIPKINS, STEPHEN L. LIPKINS, AND OTHERS, OWNER TRUSTEES), TO AMEND CONDITIONS OF APPROVAL (SITE PLAN) AND APPROVE A TIME EXTENSION UNTIL JUNE 24, 2001, FOR THE 8.1-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF HYPOLUXO ROAD AND MILITARY TRAIL. THE PROPERTY IS ZONED CC-COMMUNITY COMMERCIAL WITH A SPECIAL EXCEPTION FOR A PLANNED GENERAL COMMERCIAL DEVELOPMENT, INCLUDING A FAST FOOD RESTAURANT WITH DRIVE-UP WINDOW, AUTOMOBILE SERVICE STATION (AUTOMATIC), AND FINANCIAL INSTITUTION WITH THREE DRIVE-UP TELLER WINDOWS. (AMENDS R-93-516) ADOPTED WITH CONDITIONS 8-24-2000

Staff Recommendation: Approval of the condition modification and adoption of a resolution affirming that action with the following conditions, and approval of the time extension until June 24, 2001:

1. All previously approved conditions of approval continue to apply unless expressly amended herein. (ONGOING)

2. No building permits shall be issued until the contract is let for construction of Jog Road from Hypoluxo Road to Melaleuca Lane to a 6-lane divided cross section. (BLDG PERMIT:MONITORING-Eng)

4.D.18. PETITION 94-87

STATUS REPORT SR94-87A FOR RESOLUTIONS R-97-774 AND R-97-775 OF PETITION 94-87(A) (OUR LADY QUEEN OF PEACE) OF OUR LADY QUEEN OF PEACE, PETITIONER (ANTHONY J. O'CONNELL, BISHOP OF THE DIOCESE OF PALM BEACH, OWNER) TO APPROVE A TIME EXTENSION UNTIL JUNE 23, 2002, FOR THE 6.88-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 1.5 MILES WEST OF THE FLORIDA TURNPIKE. THE PROPERTY IS ZONED AGR-AGRICULTURAL RESERVE. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until June 23, 2002.

4.D.19. PETITION 95-90

STATUS REPORT SR95-90 FOR RESOLUTION R-96-131 OF PETITION 95-90 (MARINER HEALTH CARE) OF ROBERT F. GRIFFITH, JR., AND GENE MOORE III, PETITIONERS (MARINER HEALTH CARE, OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 25, 2002, FOR THE 9.59-ACRE PROPERTY LOCATED ON THE EAST SIDE OF LAWRENCE ROAD APPROXIMATELY 0.1 MILE NORTH OF OLD BOYNTON WEST ROAD. THE PROPERTY IS ZONED RS-SINGLE-FAMILY RESIDENTIAL WITH A CLASS A CONDITIONAL USE TO ALLOW A NURSING FACILITY OR CONVALESCENT CENTER. APPROVED 8-24-2000

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

4.D.20. PETITION 96-26

STATUS REPORT SR96-26.2 FOR RESOLUTION R-96-816 OF PETITION 96-26 (BAGELS TO GO) OF ROGER DEAN, PETITIONER (RD FAMILY, LTD. PARTNERSHIP, OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 24, 2001, FOR THE 0.52-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD APPROXIMATELY 0.25 MILE EAST OF CONGRESS AVENUE. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A CLASS A CONDITIONAL USE TO ALLOW A FAST FOOD RESTAURANT WITHIN THE WESTGATE COMMUNITY REDEVELOPMENT AGENCY OVERLAY DISTRICT. APPROVED 8-24-2000

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

4.D.21. PETITION 96-80

STATUS REPORT SR96-80 FOR RESOLUTION R-97-781 OF PETITION 96-80 (LOGAN REZONING) OF MURRAY D. LOGAN, CLARENCE A. VOGEL, AND DAVID A. LOGAN, PETITIONERS (TIDAL WAVE INVESTMENT CORPORATION, INC., OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 23, 2001, FOR THE 3.0-ACRE PROPERTY LOCATED ON THE EAST SIDE OF TALL PINES ROAD APPROXIMATELY 924 FEET NORTH OF WALLIS ROAD. THE PROPERTY IS ZONED IL-LIGHT INDUSTRIAL. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until June 23, 2001.

4.D.22. PETITION 79-134

STATUS REPORT CR79-134A FOR RESOLUTION R-99-1145 OF PETITION 79-134(A) (LEARNING EXPERIENCE OF WEST BOCA) OF FLORIDA CHILDCARE PROPERTIES I LC TO APPROVE A TIME EXTENSION UNTIL JULY 1, 2001, FOR CONDITIONS A.2, A.3, AND E.3 FOR THE 1.00-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF SANDALFOOT BOULEVARD 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441). THE PROPERTY IS ZONED RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) WITH A SPECIAL EXCEPTION FOR A DAY CARE CENTER. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until July 1, 2001.

4.D.23. PETITION 82-118

STATUS REPORT CR82-118C/H7 FOR RESOLUTION R-99-1150 OF PETITION 82-118(C) (FOREST HILL PLAZA) OF HNK ASSOCIATES, INC., AND HIN, LTD., TO APPROVE A TIME EXTENSION UNTIL JANUARY 31, 2001, FOR CONDITION H.7 FOR THE 3.0-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF FOREST HILL BOULEVARD APPROXIMATELY 800 FEET WEST OF MILITARY TRAIL. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A DEVELOPMENT ORDER AMENDMENT TO ALLOW A CHURCH OR PLACE OF WORSHIP. APPROVED 8-24-2000

Staff Recommendation: Approval of the time extension until January 31, 2001.

4.E. CORRECTIVE RESOLUTION

4.E.24. RESOLUTION R-2000-1229

RESOLUTION FOR PETITION PDD90-17(A) (BOYNTON SELF STORAGE) OF GEORGE T. KELLY IV TO CORRECT CONDITION A.1 OF RESOLUTION R-97-1289 (NOT R-97-780) THE 6.42-ACRE PROPERTY LOCATED APPROXIMATELY 500 FEET EAST OF HAGAN RANCH ROAD ON THE SOUTH SIDE OF BOYNTON BEACH BOULEVARD. (AMENDS R-97-1289 WHICH REVOKES R-90-1447) ADOPTED WITH CONDITION AS AMENDED 8-24-2000

Revised Staff Recommendation: Adoption of a resolution to correct Condition A.1 of Resolution R-97-1289 as follows:

To ensure compliance with the requirements of this approval, Resolution No. ~~R-90-1446~~ R-90-1447 approving previous petition P-90-17 is hereby revoked. (ZONING)

The Amendments to the Agenda sheet indicated the resolution to be corrected as R-97-1289, not R-97-780.

4.F. ABANDONMENT RESOLUTION

4.F.25. RESOLUTION R-2000-1230

RESOLUTION FOR PETITION ABN76-177(A) (TOMBSTONE) OF RAYMOND W. RENAUD TO REVOKE RESOLUTION R-84-504, WHICH ALLOWED A SPECIAL EXCEPTION FOR AN AUTOMOTIVE REPAIR AND TIRE FACILITY LOCATED IN SECTIONS 12 AND 13, TOWNSHIP 44 SOUTH, RANGE 42 EAST. (REVOKES R-84-504) ADOPTED 8-24-2000

Staff Recommendation: Revocation of R-84-804 and adoption of a resolution affirming that action.

MOTION to approve the consent agenda as amended and adoption of resolutions affirming the applicable actions. Motion by Commissioner Roberts and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

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

5. REGULAR AGENDA

5.A. ITEMS PULLED FROM CONSENT AGENDA

4.B.9.

a. RESOLUTION R-2000-1231

RESOLUTION FOR PETITION Z/CA75-104(A) (SPEEDWAY #8361) OF MARATHON ASHLAND PETROLEUM, LLC, PETITIONER (B. W. SIMPKINS AND FLETCHER A. SHERIFF, TRUSTEES, AND LAKE WORTH BIBLE CHURCH, INC., OWNERS), BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM CN-NEIGHBORHOOD COMMERCIAL TO CG-GENERAL COMMERCIAL FOR THE 0.97-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAKE WORTH ROAD AND KIRK ROAD. (P.O.P. 720172 AND 720173) ADOPTED 8-24-2000

Staff Recommendation: Approval of the zoning map amendment and adoption of a resolution affirming that action.

b. RESOLUTION R-2000-1232

RESOLUTION FOR PETITION Z/CA75-104(A) (SPEEDWAY #8361) OF MARATHON ASHLAND PETROLEUM, LLC, PETITIONER (B. W. SIMPKINS AND FLETCHER A. SHERIFF, TRUSTEES, AND LAKE WORTH BIBLE CHURCH, INC., OWNERS), BY ROBERT E. BASEHART, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A CONVENIENCE STORE WITH GASOLINE SALES ON THE 0.97-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAKE WORTH ROAD AND KIRK ROAD. (P.O.P. 720172) ADOPTED WITH CONDITIONS AS AMENDED 8-24-2000

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

NOTE: For landscape conditions, reference Exhibit D (Board of Adjustment Result letter dated April 20, 2000)

A. ALL PETITIONS

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

B. ARCHITECTURAL

1. Prior to issuance of the first building permit, the petitioner shall submit architectural elevations to the Architectural Review Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations. (BLDG PERMIT - Zoning)

C. BUILDING AND SITE DESIGN

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

2. Similar architectural character and treatment, including but not limited to color (earth tones and pastel colors), material, fenestration and roof treatment, shall be provided on all sides of the buildings. (BLDG PERMIT: BLDG - Zoning)

3. Total gross floor area shall be limited to a maximum of 3,362 square foot convenience store with gas sales with 6 pumps (12 fueling stations). (DRC: ZONING)

4. The maximum height for all structures, including all mechanical equipment, measured from finished grade to highest point, shall not exceed twenty five (25) feet. (BLDG PERMIT: BLDG - Zoning)

5. Gas station canopies shall be limited to a maximum of twenty-five (25) feet in height, including air conditioning and mechanical equipment and satellite dishes, measured from finished grade to the highest point. No flat roof shall be permitted. The clearance of the canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy or attached outdoor fixtures. (BLDG PERMIT: BLDG - Zoning)

6. The roof pitch, color, and building materials for the gasoline canopy shall be consistent with the convenience store. (BLDG PERMIT: BLDG - Zoning)

D. HEALTH

1. Application and engineering plans to construct the force main and lift station must be submitted to the Palm Beach County Health Department prior to final site plan review. (DRC: HEALTH)

E. ENGINEERING

1. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along:

- Kirk Road;
- Lake Worth Road

Dedication shall be to Palm Beach County Land Development Division. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT: MONITORING-Eng)

2. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for:

a) Lake Worth Road, 76 feet from center line;

b) Kirk Road, 54� feet from center line,

Dedication shall be on or before June 1, 2001 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the project's entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING-Eng)

3. CUTOUT LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF

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 Lake Worth Road right-of-Way contiguous to the frontage. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, concrete median cutout, Landscape Installation and Maintenance, Removal, and Indemnification Agreements. When landscape cutouts are permitted by the Florida Department of Transportation, landscaping shall, consist of Landscape Material approved by the County Engineer. All new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. Alternative plant and paver block material other than those listed in the County standards may be permitted subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

B. All required median landscaping, including an irrigation system, the cost of Cutting out or removing the existing concrete median as well as the cost of the Landscape material shall be funded at the property owners expense. All new and existing landscaping, paver block or similar materials shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns or duly established Property Owner's Association. The maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, and the irrigation system. All landscape material shall be installed prior to the issuance of a certificate of occupancy. (CO: MONITORING-Eng)

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

4. Prior to the issuance of any Building Permit, the Developer shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng)

F. LIGHTING

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

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

3. 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)

4. Lighting for the gas station canopy shall be flush mounted or recessed. (BLDG PERMIT/CO: BLDG - Zoning)

G. PLANNING

1. Prior to final site plan approval by the Development Review Committee, the site plan shall be amended to modify the notation which currently reads "proposed cross access". The notation shall be amended to read "proposed cross access to be paved to the property line for future access to adjacent parcel". (DRC: PLANNING)

2. Prior to the issuance of the, certificate of occupancy, the petitioner shall pave the property to the edge of the eastern property line at the location shown on the site plan labeled "proposed cross access". (BLDG PERMIT: MONITORING-BUILDING)

3. Prior to final site plan approval by the Development Review Committee, the site plan shall provide for pedestrian pathways (decorative sidewalks) across the driveways at the Lake Worth Road entrance and across the Kirk Road driveway entrance and continued from the existing sidewalk to the walkway which starts at the southwest corner of the proposed building as indicated on the site plan dated June 29, 2000. These decorative pedestrian pathway areas are to be constructed of pavers, brick, decorative / stamped concrete or similar pavement treatment to clearly indicate that the pathway is intended for pedestrians. (DRC: PLANNING)

4. Prior to final site plan approval by the Development Review Committee, the site plan shall be amended to remove the 5 foot chain link fence between the subject site and the commercial property to the east to provide pedestrian and/or vehicular cross-access between the sites. (DRC: PLANNING)

5. Prior to final site plan approval by the Development Review Committee, the site plan shall be amended to place a notation on the proposed fence in the western buffer as shown on the site plan dated June 29, 2000. This notation shall read: "6' decorative fence" This decorative fencing shall not be opaque in nature in order to provide visibility to the rear portion of the site for public safety and security. (DRC:PLANNING)

H. SIGNS

1. Freestanding sign 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)

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

I. USE LIMITATIONS

1. The storage of rental trucks/trailers or outside vendors shall not be permitted on the property. (ONGOING: CODE ENF)

2. Outdoor retail business activities shall not be allowed on site, excluding deliveries only. (ONGOING: CODE ENF - Zoning)

J. 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.

Planner Helen LaValley said that at time of publication, staff had received two letters in support of the request and one letter in opposition, with no comment.

Robert E. Basehart, agent, objected to two condition changes made after the Zoning Commission hearing and said he believed that they had now been brought to resolution. He invited Zoning Director Whiteford to introduce the conditions.

Mr. Whiteford directed the board's attention to conditions dealing with the type of roof canopy allowed. The conditions are as follows:

Current Condition C.5:

Gas station canopies shall be limited to a maximum of twenty-five (25) feet in height, including air conditioning and mechanical equipment and satellite dishes, measured from finished grade to the highest point. No flat roof shall be permitted. The clearance of the canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy or attached outdoor fixtures. (BLDG PERMIT: BLDG - Zoning)

Mr. Whiteford said that in accordance with the addition, Condition C.6 would be to be added.

Current Condition C.6:

The roof pitch, color, and building materials for the gasoline canopy shall be consistent with the convenience store. (BLDG PERMIT: BLDG - Zoning)

Mr. Whiteford amended the condition as follows:

The roof ~~pitch~~, color, and building materials for the gasoline canopy shall be consistent with the convenience store. (BLDG PERMIT: BLDG - Zoning)

Mr. Basehart agreed to the modified conditions.

Commissioner Newell commented that loitering was a problem at the corner of Lake Worth and Kirk roads and asked for a condition prohibiting exterior pay telephones. In an interchange with the agent, Mr. Newell learned that loitering would be discouraged in the rear retention area by a decorative fence enclosing the entire area and by policing by the store operator, by no outside seating, and by a minimum of shade-creating overhangs.

Mr. Newell objected to the Dumpster location at the front of the store and learned why it could not be located in the rear. Mr. Basehart offered to accept a requirement that the Dumpster's gate be spring-loaded to ensure that it stayed closed. Mr. Whiteford proposed making sure the Dumpster is blocked from view.

Mr. Newell observed that the Speedway sign graphic on the plan looked much higher than the condition-required 10 feet. Planner LaValley agreed and said the agent had been told that that was not acceptable.

Mr. Newell questioned whether the sign face of the 100-square-foot, 10-foot-high monument sign was inclusive of the canopy Speedway sign. Upon learning that it was not, he said that something had to come off. Mr. Whiteford responded that staff would write a wall signage restriction condition. Mr. Newell explained to his colleagues that petitioners were circumventing monument sign restrictions by putting signs on the building face. Mr. Basehart said that the petitioner had already agreed to no signage on the building itself, only small signs on two sides of the canopy.

MOTION to adopt a resolution approving the request of Petition Z/CA75-104(A) for a zoning map amendment from CN to CG. The motion was made by Commissioner Marcus and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

(CLERK'S NOTE: The preceding motion was actually made after the motion following.)

The board made their disclosures at this time.

MOTION to adopt a resolution approving the request of Petition Z/CA75-104(A)0, subject to conditions as amended, for a conditional use to allow a convenience store with gasoline sales. Motion by Commissioner Marcus and seconded by Commissioner Newell.

PUBLIC COMMENT: None

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

5.B. TIME CERTAIN ITEM - 2:00 P.M.

5.B.26. See pages 96-97.

5.C. CONCURRENT SMALL SCALE LAND USE AMENDMENT AND ZONING PETITION

(CLERK'S NOTE: Items 5.C.27. and 5.C.28. were considered together.)

5.C.27.

a. SMALL SCALE AMENDMENT 00-SCA 69 COM 1

APPLICATION 00-SCA 69 COM 1 OF KT FAMILY LIMITED PARTNERSHIP, BY ROBERT E. BASEHART, AGENT, FOR A SMALL SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM LOW RESIDENTIAL, 2 UNITS PER ACRE (LR-2) TO COMMERCIAL HIGH-OFFICE (CH-O) FOR THE 2.50-ACRE PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD 7 (U.S. 441) APPROXIMATELY 0.50 MILE NORTH OF FOREST HILL BOULEVARD. (P.O.P. 707604) ADOPTED 8-24-2000

Staff Recommendation: Denial of the application.

Local Planning Agency Recommendation: Denial per staff recommendation.

b. ORDINANCE 2000-021

ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN AS AMENDED; AMENDING THE FUTURE LAND USE ATLAS (FLUA); ADOPTING SMALL SCALE AMENDMENT 00-SCA 69 COM 1 (STATE ROAD 7/WELLINGTON); MODIFYING PAGE 69 OF THE FLUA BY CHANGING A 2.50-ACRE PARCEL OF LAND LOCATED ON THE WEST SIDE OF STATE ROAD 7 (U.S. 441) APPROXIMATELY 0.50 MILE NORTH OF FOREST HILL BOULEVARD. (AMENDS ORDINANCE 89-17) (P.O.P. 707604) ADOPTED 8-24-2000

Staff Recommendation: Denial of the small scale amendment.

5.C.28. RESOLUTION R-2000-1233

RESOLUTION FOR PETITION Z/COZ2000-012 (WELLINGTON SURGICENTER) OF KT FAMILY LIMITED PARTNERSHIP, BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO CH-O-COMMERCIAL HIGH-OFFICE WITH A CONDITIONAL OVERLAY ZONE FOR THE 2.50-ACRE PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD 7 (U.S. 441) APPROXIMATELY 0.50 MILE NORTH OF FOREST HILL BOULEVARD. (P.O.P. 720172 AND 720173) ADOPTED WITH CONDITIONS AS AMENDED 8-24-00

Staff Recommendation: Denial of the zoning map amendment.

In the event of approval by the Board of County Commissioners, the following conditions were recommended:

A. ALL PETITIONS

1. Resolution R-84-1849, granting approval of Petition 84-88 is hereby revoked. (MONITORING)

B. HEALTH

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

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

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

4. Petitioner will enter into a Developer's Agreement for water and sewer prior to final site plan approval. (DRC: HEALTH)

C. LANDSCAPING ALONG THE EAST PROPERTY LINE (ADJACENT TO SR7/US441)

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

a. a minimum twenty (20) foot wide landscape buffer strip with no easement encroachments permitted;

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

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

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

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

D. PLANNING

1. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be revised to indicate vehicular and pedestrian cross access to the parcel to the south of this site. All buffers and/or barriers shall be removed in the location of the cross access. (DRC: PLANNING)

E. ENGINEERING

1. Prior to the issuance of a Building Permit the Developer shall plat the subject property in accordance with provisions of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng)

2. LANDSCAPE WITHIN MEDIAN OF STATE ROADS

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of State Road 7 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 latest revision to the Streetscape Standards.

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

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

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

F. SIGNS

1. Freestanding point of purchase signs fronting on the east property line adjacent to SR7/US441 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)

G. RESIDUAL PARCEL

1. The 4.4 acre parcel property control number 00-42-43-27-05-018-0121, Project Number # P0789-000 which is the remainder of the 6.94 acre overall tract shall not receive any building permits prior to rezoning to be consistent with its future Comprehensive Plan land use category. (BLDG PERMIT: MONITORING - Zoning)

H. 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.

Planner Michael C. Owens brought out the following points in his presentation:

The change in land use from LR-2 to CH-O was proposed in order to develop medical offices and an ambulatory surgicenter complex.

The subject site is part of a larger parcel that was used as a nursery and is located in an area that is mostly vacant. To the east of the site is the Stonehaven planned unit development and south of it lies the Minto property. The uses south of the subject site are the rest of the former nursery, a nonconforming commercial use; an excavation site; vacant property; and the Wellington Regional Hospital.

There was one recent land use amendment application just north of the subject site, known as the Ching property, which requested a change from residential to office. The Planning Division and the Land Use Advisory Board (LUAB) had recommended denial of the application, primarily because the commercial use was isolated, being surrounded by land designated for future residential use, and because of concerns regarding strip commercial development. The Board of County Commissioners also denied the request. Since the public hearing, the Village of Wellington has annexed the property and is in the process of changing the land use designation to one that supports commercial and medical offices.

Regarding the subject site, although there may be need for the proposed use in the future, Planning staff is recommending denial for primarily two reasons:

There is a great deal of development interest along the State Road 7 corridor, so much so that the Florida Department of Community Affairs (DCA) called for a study to assess the land uses. The DCA was primarily concerned with the potential for excessive commercial development in the area. As a result, the Palms West Corridor Study was undertaken by the Villages of Wellington and Royal Palm Beach and the City of Greenacres.

The study recommends, first, office and other nonresidential uses along the corridor, and, second, various types of access management techniques to ease traffic congestion, especially since higher-intensity uses are proposed for the area.

Approval of the application under review is premature at this time, since none of the municipalities has formally accepted or adopted the results of the study nor has the county had the opportunity to review the study and its potential impacts on State Road 7. This is especially critical given the fact that the study acknowledges that State Road 7 south of Forest Hill Boulevard will fail even without the traffic from the additional office and commercial development recommended by the study unless major capital investments are provided for roadway expansion in the area. Therefore, further intensification of the land uses along this roadway should not be approved until the county has fully considered the impacts along the State Road 7 corridor. In addition, even though there is concurrency for this project, any small commercial request that follows may seem to have minimal impact on traffic. It is clear that the cumulative impact will only exacerbate traffic congestion and make access management techniques difficult.

The proposal is inconsistent with several Comprehensive Plan policies, namely,

- That which prohibits isolated, mid-block commercial development. The subject site is not located at or near a commercial node and, as such, would represent such a development;

- That which prohibits strip commercial development, which this proposal could foster; and

- That which prohibits approval of amendments that encourage piecemeal development. The subject site was carved out of a larger parcel; and, again, there is no overall commercial plan approved for this area.

In terms of public interest, staff has received no public input on this proposal. Staff is in receipt of a letter from the Village of Wellington stating that the proposed use is consistent with the village's comprehensive plan. No recommendation was made in support or opposition of the proposed use.

The LUAB recommended denial of the applicant's request by a 6-3 vote.

In conclusion, Mr. Owens said that the Planning staff is concerned that the request is premature and recommends denial.

In response to questions by the board, Mr. Owens stated that:

Between the proposed Wellington SurgiCenter site and the Wellington Regional Hospital's 30-acre expansion lay parcels designated Low Residential 2.

According to ordinance, once an excavation site can no longer be excavated, it may be used for residential use.

To promote access management, a side road could be built parallel to State Road 7 and would theoretically take right-of-way from the small 2.50-acre site. Engineering staff would have to discuss the feasibility of this and other access management techniques with the Village of Wellington to see how they would fit in with this and other corridor projects. Who would construct the side road would be part of that discussion.

Commissioner Masilotti reported that Wellington was preparing for an access road to the west of the subject site by convincing property owners along State Road 7 to donate land for right-of-way. A frontage road would have no impact whatever on the subject site, he said.

Commissioner Marcus maintained that Wellington had not reached a conclusion on the access road, an option in the corridor study. Approval of the subject application would limit the ability to construct that road. Mr. Owens agreed that that was part of the issue. Part of the study recommendations was the initiation of access management techniques to mitigate traffic problems; the county would need to evaluate those techniques. Approval of the application might not preclude such evaluative ability.

Mr. Masilotti told Ms. Marcus that a traffic study had not been part of the overall review of the State Road 7 corridor. Ms. Marcus remarked that that seemed to add more credibility to Mr. Owens's recommendation.

Robert E. Basehart, agent, made the following remarks in his presentation:

Wellington now thought that the access road should be located west of the frontage and be able to serve properties on both sides. Approval and development of this parcel would have no impact on the potential of that road.

The applicant had given thought to "what if a service road parallel to State Road 7 is necessary." The subject application was an extremely low intensity project with an extremely low floor-to-area ratio. It would be limited to a medical office-surgical center facility without any kind of retail activity.

The applicant had provided access points at the north and south ends along the frontage so that if a service road was desired, it could be accommodated and cross-accessed north and south.

The application does not constitute isolated, mid-block commercial development or encourage piecemeal development. While the Comprehensive Plan prohibits such development, neither it nor the Unified Land Development Code defines such development. Since there is no such definition, the phrase apparently can be interpreted in a number of ways.

Perusal of the shown aerial photograph will reveal that nearly the entire corridor from Southern Boulevard to Forest Hill Boulevard is committed.

In the Village of Royal Palm Beach at Southern Boulevard, a 178,000-square-foot Lowe's home improvement center with five outparcels opened in February; a Pollo Tropical restaurant had opened; and an Office Depot was under construction. Immediately south of that is what is known as the 14-acre Anthony commercial, approved by the village for retail development, and the Anthony residential, several hundred acres approved for up to 1,200 units. At the village's southern boundary along State Road 7 is the 9-acre 312 Clematis property, approved for office-commercial.

The Black Diamond property on State Road 7 has been annexed by the Village of Wellington and approved for 500 units.

Next to Black Diamond is one small, vacant, uncommitted parcel.

That is followed by a 20-acre piece annexed by Wellington recently and approved for office-commercial.

The following 441 Partners property is home to a high concentration of environmentally significant vegetation and will probably never be developed. It is included in the county's list of possible acquisition sites for environmental protection.

Next to be seen is the subject site.

Coming from the south can be seen the new regional mall under construction, followed by the Wellington Medical Center and expansion of the Wellington Regional Hospital campus; which in turn are followed by the active shell pit, or excavation site. Immediately south of the subject site is a pump and heavy equipment dealership, which has been there and will be there for many years.

Across the street from the subject site are the Minto development, Wellington Glen planned unit development, and Mt. Nego Cemetery.

There is not much land left to come in for development approvals.

The applicant has submitted a concurrency application, received a concurrency certificate, and is ready to begin construction. Should the applicant be required to wait until other properties apply for and receive commercial approvals and then get their concurrency, the applicant might never be able to move forward. Such "penalization" of the applicant might prove to be the death knell of this property.

The application is entirely consistent with the developing character of this strip of State Road 7, with Wellington's planned ultimate development, and with the recently completed corridor study.

None of the neighboring property owners has expressed any opposition to or concern about the proposed use.

Commissioner Masilotti asked how wide was the easement being contributed by the applicant across the front of the property and whether that was wide enough for a standard frontage road should one ever be put in that location. Mr. Basehart replied that the applicant had provided for a 26-foot travel island similar to that being proposed for properties developing along Southern Boulevard.

Mr. Masilotti expressed his opinion that perhaps the misunderstandings came out of failed communication. At the recent local public hearing on State Road 7, Wellington could have done a better job of communicating to county staff what is actually happening in the corridor, and the agent could have done a better job of communicating the individual concerns he expressed today. He then apologized to staff for the incomplete communication.

Mr. Masilotti said he believed that certain concerns of County Engineer George T. Webb had been incorporated in the corridor study. He reiterated that the study lacked a traffic analysis; this led him to believe, he said, that an analysis had been undertaken but when its numbers did not support local goals, it was left out of the study.

Mr. Masilotti said that he had been told that 30 feet would be needed for a frontage road and asked if the applicant would agree to provide a 30-foot public easement across the front of the subject site if needed. Mr. Basehart agreed. Engineering Assistant Jim Choban interjected that in that event, adjacent parking would become undesirable and would need to be transferred to another location on site. Mr. Basehart objected that that could be a problem; he pointed out that this area is in the Western C-51 Basin so that a high percentage of the site needs to be preserved for a retention area. The applicant would try to work around whatever the county thought, he said. Mr. Masilotti mentioned that he did not believe it would ever be used for frontage.

Zoning Director Whiteford commented that the applicant had not submitted a site plan because the petition was a straight rezoning. He said he did not know whether the access road would qualify as a service road but that it was more of a cross-access to the adjacent piece of property. He added that the frontage road requirement on the latest project did not have parking on the frontage road but that staff did encourage a bit of parking on the frontage road as a traffic-calming mechanism.

When Mr. Basehart promised to meet the code, Mr. Whiteford remarked that the code did not address service roads.

Commercial Aaronson offered his opinion that the prime issue was the need for additional medical services in the area.

Planning Director Frank M. Duke clarified a statement made by Mr. Basehart that the excavation site adjacent to the subject site was commercial. Under the Comprehensive Plan, he said, excavation is not allowed in a commercial land use.

MOTION to approve the request of Application 00-SCA 69 COM 1 for a future land use change from LR-2 to CH-O and adopt an ordinance affirming that action. Motion by Commissioner Roberts and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

Citing page 54 of the backup, Commissioner Marcus noted that the Zoning Division had concerns about the subject site being a legal lot of record and that the applicant is required to provide proof, or warranty deed, that the site is such a lot. Further, the site's property control number did not match the section, range, and township on the location maps. Mr. Whiteford explained that the property was sold without going through subdivision procedures and would be retroactively corrected in the event of board approval of the project. Mr. Duke added that staff had not realized the property did not meet the Comprehensive Plan requirement and that because of problems with the site, staff was now checking all new amendment applications to ensure the properties are legally established.

Commissioner Newell suggested that staff contact the real estate board because most property sales have real estate agents involved and ask the board to inform its members of these problems. The agents have no idea when they list and sell property that they could be creating an illegal subdivision.

Commissioner Masilotti added that it should also be found in the title search.

Assistant County Attorney Alterman advised that the code does not prohibit the sale of property that creates an illegal subdivision. What it does prohibit is issuance of a building permit for an improperly subdivided property. Ms. Alterman said that Mr. Basehart had obtained a letter from the other property owner that the county will file in the public records with the notice that the other property needs to be subdivided properly before any building permit can be issued.

UPON CALL FOR A VOTE, the motion carried 6-1. Commissioner Marcus opposed.

The board made their disclosures atthis time.

MOTION to approve the request of Petition Z/COZ2000-012 for a zoning map amendment from AR to CH-O with a conditional overlay zone. Motion by Commissioner Masilotti and seconded by Commissioner Roberts.

Planner Jim Bell said that based on the ordinance adoption, Condition D.1 would have to be revised to specify north and south access instead of only south access.

AMENDED MOTION to include the amended condition. The maker and seconder agreed.

Zoning Director Whiteford clarified that even though the petition was a straight rezoning, the conditional overlay zone allowed for the attachment of conditions of approval. He requested that because there was no site plan that there be a focal point at the entry and that the county's standard architectural control condition be attached. Mr. Basehart agreed.

UPON CALL FOR A VOTE, the motion carried 6-1. Commissioner Marcus opposed.

5.D. PREVIOUSLY POSTPONED ZONING PETITIONS

5.D.29. RESOLUTION R-2000-1234

RESOLUTION FOR 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 (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]) ADOPTED WITH CONDITIONS AS AMENDED AND WITH OTHER CHANGES 8-24-2000

Staff Recommendation: Approval of the zoning map amendment and adoption of a resolution affirming that action, subject to the following conditions. Exhibit C is followed by Exhibit C1 (Affordable Housing) on page xx.

EXHIBIT C

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 development plan and site plan dated August 14, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

2. Prior to final DRC certification of the site plan, the petitioner shall revise the concurrency application to show a 4,685 square foot club house. (DRC: CONCURRENCY)

B. ARCHITECTURAL CONTROL

1. 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)

2. The exterior elevations of all residential buildings shall provide variety and visual interest by incorporating all of the following items:

a. Varied roof lines within the same building. All roof lines shall not run in continuous place for more than one hundred fifty (150) feet without offsetting or jogging the roof plan. The jog shall be a minimum of five (5) feet in depth;

b. Varied window treatments (i.e transoms, glass block, window types, trims, etc.);

c. Contrasting shapes and forms within the building mass including off setting of vertical or horizontal planes;

d. Focal points or points of interest (i.e. cupolas, loggias, entrances, vertical elements, chimneys, etc.); and

e. Varied architectural details (i.e. columns, pilasters, vents decorative trims and moldings, stucco or horizontal banding, decorative railings decorative accent tiles, etc.). (DRC: ZONING - Bldg)

3. All roof or ground mounted air conditioning and mechanical equipment including satellite dishes shall be screened from view on all sides by a visually opaque barrier consistent with the color and character of the principal structure or equivalent landscape material. (BLDG PERMIT: BUILDING - Zoning)

4. The maximum height for all two-story residential buildings and the club house, including all air conditioning mechanical equipment, and satellite dishes shall not exceed thirty-five (35) feet. All heights shall be measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning)

5. The maximum height for all three-story residential buildings, including all air conditioning mechanical equipment, and satellite dishes shall not exceed forty-five (45) feet. All heights shall be measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning)

C. BUILDING AND SITE DESIGN

1. The minimum setback for all residential buildings shall be two hundred and fifty (250) feet from the south and east property lines. (DRC: BLDG-Zoning)

2. Prior to final DRC site plan approval, the site plan shall be amended to include a car wash area for the residents. (DRC: ZONING)

3. Prior to the platting of the PUD, the property owner shall pursue abandonment of the existing thirty (30) foot Palm Beach Farms rights-of-way adjacent to the south property line of the Okeechobee/441 PUD. The petitioner shall incorporate the abandoned right-of-way to the southern PUD buffer and landscaped this buffer pursuant to Conditions I.1 and I.2 where applicable. In the event the adjacent property owner (Breakers West) turns over their portion of the abandoned right-of-way to the property owner, the property owner shall add the portion to the southern buffer. (PLAT: ENG/LANDSCAPE - Zoning)

4. The abandoned right of way as described in Condition C.4 may be incorporated into the Preliminary Development Plan and Site Plan at the time of final approval by the DRC provided the overall density of 5 units per acre is not exceeded. The petitioner must update the petition file by providing a revised legal description and survey to include the additional land area. The processing of this amendment is subject to the approval of the Zoning Director. (DRC: ZONING - Survey)

5. Two (2) 2-story (maximum) residential buildings shall be located on the outer side of the loop road. (CO: LANDSCAPE)

6. A minimum twenty (20)% of the required parking shall be accommodated in parking courts with access onto the loop road. (CO: LANDSCAPE)

7. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to show focal points:

a. at access point of parking courts, driveway intersections;

b. open space adjacent and between buildings; and

c. paver blocks or decorative pavement in the loop road, defining parking area, parking courts, pedestrian crossing area.

This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain, arcade, accent landscaping with lighting or any other site element or architectural design acceptable to the Zoning Division. (DRC: LANDSCAPE)

D. DUMPSTERS

1. All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within two hundred and fifty (250) feet of the south and east property lines and shall be confined to the areas designated on the site plan dated August 14, 2000. (DRC / ONGOING: ZONING / CODE ENF)

E. ENGINEERING

1. The Property owner shall:

a) extend the existing Dual left turn lane east approach on Okeechobee Boulevard at S.R. 7 to provide for an additional 200 feet of dual left turn lane;

b) extend the existing left turn lane west approach on Okeechobee Boulevard at the existing median opening at this projects east property line to provide for an additional 80 feet of left turn lane;

c) Construct a right turn lane west approach on Okeechobee Boulevard at the project's entrance road.

1) 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.

2) 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)

3) Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng)

2. On or before January 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 Okeechobee Boulevard 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)

3. LANDSCAPE WITHIN MEDIAN OF STATE ROADS

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

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 within 90 days notice from the County Engineer to the Developer that the Okeechobee Road widening has been completed. If the final CO for the site is requested prior to the completion of the road widening then acceptable surety shall be provided to insure the planting of the required median landscaping. (ENGINEERING/FINAL 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)

4. Prior to DRC Approval the Final Development Plan shall be amended to provide for an adequate turnaround and roadway geometrics for the proposed entrance gates entering the individual POD's subject to the County Engineer's Approval. (DRC APPROVAL: ENG)

5. If the eight lane widening of Okeechobee Boulevard adjacent to this site requires expansion of additional right of way within the Lake Worth Drainage District Canal right of way and the Florida Department of Transportation or the County Engineer requires the construction of a right turn lane west approach, then prior to March 1, 2001 or prior to the issuance of a building permit the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional right of way for the construction of a right turn lane along Okeechobee Boulevard. This right-of-way shall be along the project's frontage, twelve feet in width, and shall be located south of the Lake Worth Drainage District L1 Canal. This additional right of way shall be free of all encumbrances and encroachments and shall include "Corner Clips" where appropriate as determined by the County Engineer. The property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (BLDG PERMIT: MONITORING-Eng)

F. ENVIRONMENTAL RESOURCES MANAGEMENT

1. All proposed easements and road rights of way shall be shown on the Master Plan prior to DRC certification and shall not be included in any calculation of proposed preserve area. (DRC: ERM)

2. Prior to final certification of the site plan, the site plan shall be revised to indicate the boundary of both the required and the additional upland preserve areas. (DRC: ERM)

G. LANDSCAPING - STANDARD

1. All canopy trees required to be planted on the Okeechobee Boulevard (north property line) 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;

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 perimeter canopy trees required to be planted on site by this approval, except along the north property line, 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)

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

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

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

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

H. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO LWDD L-1 CANAL AND OKEECHOBEE BOULEVARD)

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

a. a minimum fifty (50) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted;

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

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

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

2. The above requirements may be amended subject to an alternative landscape plan to include areas indicated as an upland preserve or wetland preserve. (CO: LANDSCAPE)

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

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

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

b. one (1) canopy tree for each twenty (20) linear feet of property line with a maximum spacing of twenty-five (25) feet on center;

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

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

2. The above requirements may be amended subject to an alternative landscape plan to include areas indicated as an upland preserve or wetland preserve. (CO: LANDSCAPE)

J. LANDSCAPING INTERIOR

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

a. The minimum width of the required landscape areas shall be eight (8) feet;

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

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

2. Landscaping shall be provided along the outer side of the loop road as indicated on the site plan dated August 14, 2000 and shall consist of the following:

a. a minimum fifteen (15) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted;

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

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

d. 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. Shrubs and hedges shall be planted in a naturalistic pattern. (CO: LANDSCAPE)

K. PLANNING

1. Prior to final site plan approval by the Development Review Committee, the Planning Division shall ensure that this site plan conforms with the plan presented to the BCC including those commitments stipulated in the application for "Special Methodologies for Affordable Housing in Compliance with the Traffic Performance Standards" incorporated onto the conceptual site plan and the preliminary development plan dated August 14, 2000. (DRC: PLANNING)

2. Prior to final site plan approval by the Development Review Committee, the site plan and preliminary development plan shall be amended to modify the notation which currently reads "Future stub out street not to be constructed unless required for access to adjacent parcel in order to preserve existing native vegetation".

The notation shall be amended to read "future stub out street to be paved to the property line for access to adjacent parcel". (DRC: PLANNING)

3. Prior to the issuance of the first building permit, the petitioner shall pave the property to the edge of the western property line at the location shown on the master and regulating plan labeled "Future stub out street.....". (BLDG PERMIT: MONITORING-BUILDING/ PLANNING)

L. PLANNED UNIT DEVELOPMENT

1. Street lights shall be provided pursuant to Section 6.8.A.16.c.(1) of the ULDC, subject to approval by the County Engineer. (CO: BLDG - Eng)

2. Street trees shall be planted in or adjacent to all rights-of-way, pursuant to Section 6.8.A.16.c(3) of the ULDC, subject to approval by the County Engineer. (CO: LANDSCAPE - Eng)

3. Bike lanes shall be provided in or adjacent to all rights-of-way over fifty (50) feet in width, pursuant to Section 6.8.A.16.c(4) of the ULDC, subject to approval by the County Engineer. (CO: BLDG - Eng)

4. All utilities shall be underground, pursuant to Section 6.8.A.16.c(5) of the ULDC. (PLAT: ENG - Zoning)

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)

M. SCHOOL BOARD

1. If this is to be a gated community prior to final site plan approval by the DRC, the petitioner shall provide a bus stop pull off completely out of the right-of-way or bus stop turn around in front of any access control points or gated communities. The bus stops shall be sufficient enough in size to accommodate a school bus and shall be equipped with a bus shelter. The size and location of all such school bus stops shall be coordinated with the Palm Beach County Zoning and Planning Divisions and Engineering Department, along with the School District Planning Department. (DRC: SCHOOL BOARD)

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

NOTICE TO HOME BUYERS/TENANTS

School age children may not be assigned to the public school closest to their residence. School district policies regarding overcrowding or other boundary policy decision affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 to verify the most current school assignment(s) for the house addresses in this development. (ONGOING: CODE ENF/SCHOOL BOARD)

N. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

EXHIBIT C1

A. AFFORDABLE HOUSING

1. Prior to Technical Compliance of the first plat, the Engineering Department shall notify the Planning Division of the plat submittal. The Planning Division will use this notification to verify if the developer has recorded the restrictive covenant, as required in Condition A. 2. (PLAT: ENG-PLANNING)

2. Prior to Technical Compliance of the first plat, the developer shall record in the public records of Palm Beach County a restrictive covenant, in a form acceptable to the Palm Beach County Attorney, which includes the following:

a) guarantees the affordability of the 10 very low income, 10 low income, and 19 moderate income units for a period of fifteen (15) years.

b) guarantees that the 39 affordable units have been identified and rented only to income eligible households, and not further restricted beyond the requirement that the occupants qualify for the income limits.

c) guarantees that the Developer and/or the Property Management Company makes available evidence that the 39 affordable units have been occupied at a rate of time equal to or less than the rate of time for the non affordable units.

d) guarantees that the Developer and/or the Property Management Company shall submit an annual report to the County Planning, Zoning and Building Department and the Commission on Affordable Housing providing information and documentation to demonstrate compliance with the "Special Methodologies for Affordable Housing in Compliance with the Traffic Performance Standards" criteria.

( PLAT: PLANNING)

3. The petitioner shall provide to the Monitoring Section of the Planning, Zoning and Building Department and the Commission on Affordable Housing an annual report in accordance with the restrictive covenant requirements, starting December 1, 2001, of each year following the issuance of the first certificate of occupancy for an Affordable Unit, for a minimum of fifteen (15) years, which details (e.g. the identity of the petitioner/property management company; the names of the members of the Eligible Households identifying those members who are age 18 or older; the total numbers of persons occupying each Affordable Unit; the annual gross income of the members of the Eligible Households occupying the Affordable Units; and, the identification of and the monthly rent of the Affordable Unit within the Development) to the satisfaction of the County Attorney, Commission on Affordable Housing, and the Planning, Zoning and Building Department that the units are exclusively provided to low and moderate income families which qualify as such.

If found in violation of the condition, the petition shall be remanded to the Board of County Commissioners for its review and appropriate action. (DATE: MONITORING-CAH-PLANNING)

4. Prior to final site plan certification by the Development Review Committee (DRC), the developer shall show the following on the site plan:

indicate the dispersal of the minimum required 10 very low income, 10 low income, and 19 moderate income units within the proposed buildings such that no more than four (4) of the affordable units shall be located within any one of the buildings.
indicate the required 10 very low income units shall consist of four (4) two bedroom units and six (6) one bedroom units.
indicate the required 10 low income units shall consist of four (4) two bedroom units and six (6) one bedroom units.
sidewalks throughout the entire site connecting each of the buildings with the proposed civic/recreation, and sidewalks in front of all parking spaces which link each parking space to the buildings, and the sidewalk fronting the property along Okeechobee Boulevard.
at a minimum, ten (10) street lights and light posts and three (3) benches with backs and three (3) trash receptacles, which will be consistent in quality and character as those indicated in the "Special Methodologies for Affordable Housing in Compliance with the Traffic Performance Standards" application, and will be located in areas consistent with the conceptual site plan dated February 24, 2000. (DRC: PLANNING)

5. Prior to final site plan certification by the Development Review Committee (DRC), the developer shall provide documentation of the Palm Tran response to the November 4, 1999, letter from the agent, requesting that a proposed future bus stop to be located on the south side of Okeechobee Boulevard in front of the Okeechobee/441 PUD property. If agreed to by Palm Tran, the general location of the proposed future bus stop shall be indicated on the final site plan. (DRC: PLANNING)

6. Prior to final certificate of occupancy, the petitioner shall:

a) provide all 189 units with both interior blinds and sun screening or similar treatments, reducing the amount of light entering the units.)

b) provide all 189 units with high efficiency (rated above 8EER) stoves and refrigerators.

c) provide all 189 units with an enclosed balcony or enclosed patio for the exclusive use of the unit's residents. (CO: MONITORING-BUILDING/PLANNING)

B. COMPLIANCE

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

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

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

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

Senior Planner Maryann Kwok corrected Condition C.4 as follows: "The abandoned right of way as described in Condition ~~C.4~~ C.3...." The rest of the condition remains unchanged.

Robert A. Bentz, agent, agreed to the conditions.

PUBLIC COMMENT:

Charles J. Baumann commented that two days previously Richman Trust backed out of the project and that Breakers West needed time to consider this latest development. He said that he would prefer the petition not be postponed but that he saw no alternative.

Commissioner Masilotti said that Mr. Baumann's concern was well founded and proposed a deed restriction on the property requiring a 250-foot buffer on its south and east boundary lines. This would ensure that the eventual builder would invade neither the privacy of the residents of Breakers West nor the environmentally sensitive areas on the south. In lieu of such a setback, he said, the units per acre could be restricted to four.

Commissioner Roberts said that with rezoning approval, there would be assurance that while it was in place the conditions would be in place. An application for four units an acre did not need to come before the board. Consequently, there would be no opportunity to put any conditions on the project. Therefore, she said, approval today would offer Breakers West a certain protection. The rezoning would last for three years with a one-year extension. Should the property be sold within that time, the developer would have to accept the conditions or apply to the board for a change.

Assistant County Attorney Alterman confirmed that whatever was approved by the board today would run with the land and, hence, would be binding on anyone who purchases the land. An additional layer of protection, as proposed by Commissioner Masilotti, would be the current owner's filing of a deed restriction for the 250-foot buffer.

Commissioner McCarty agreed that the deed restriction would help bring a level of comfort to the community.

Mr. Bentz expressed agreement with the proposal. He clarified that Richman Trust had not definitely withdrawn from the property; they had said they may not go forward with it.

In accordance with the foregoing, Zoning Director Whiteford said that Condition C.1 ("The minimum setback for all residential buildings shall be two hundred and fifty [250] feet from the south and east property lines.") would be modified to reflect that the petitioner would be required to record a deed restriction which reflects this requirement prior to site plan certification by the Development Review Committee. Messrs. Bentz and Baumann indicated their agreement.

Commissioner Masilotti recommended that the deed restriction be recorded before transfer of the land. Ms. Alterman advised that the petitioner file the deed restriction within 30 days of today's approval so that any buyer is on notice of it. Commissioner Roberts proposed recordation within 30 to 60 days inasmuch as an emergency, such as illness, could happen. Zoning Director Whiteford suggested a date of November 1, 2000. Commissioner Masilotti agreed.

MOTION to adopt a resolution approving the request of Petition PDD99-77 for a zoning map amendment from AR to Residential PUD. Motion by Commissioner Masilotti and seconded by Commissioner Roberts.

The board made their disclosures at this time.

AMENDED MOTION to include the amendments and changes that were presented. The maker and seconder agreed. Upon call for a vote, the motion carried 7-0.

RECESS

The Chair declared at recess at 10:44 a.m.

RECONVENE

The meeting reconvened at 10:51 a.m. with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present.

5.D.30. RESOLUTION R-2000-1235

RESOLUTION FOR PETITION DOA89-52(B) OF PALM BEACH AGGREGATES, AKA GKK CORPORATION, BY JOE VERDONE, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS OF APPROVAL IN RESOLUTION R-97-248 FOR THE 3,045-ACRE PROPERTY LOCATED APPROXIMATELY THREE MILES WEST OF SEMINOLE PRATT WHITNEY ROAD ON THE NORTH SIDE OF SOUTHERN BOULEVARD. (AMENDS R-97-248 AND R-2000-0419) (P.O.P. 652501 [2-24-2000]) ADOPTED WITH CONDITIONS AS AMENDED 8-24-2000

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

A. ALL PETITIONS

1. Condition A.1 of Resolution R-2000-0419 (Petition 89-052(B) which currently states:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-97-0248 (Petition 89-052(A), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified.

Is hereby amended to state:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-97-0248 (Petition 89-052(A), and Resolution R-2000-0419 (Petition 89-052(B) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Development of the subject property is limited to the uses, site design, landscape buffers, setbacks, separations, reclaimed areas and details presented to the Board of County Commissioners, as indicated on the plans dated November 22, 1996. All modifications must be approved by the Board of County Commissioners unless the changes are required to meet conditions of approval or the ULDC. (Previously Condition A.2. of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ZONING)

3. All plans submitted dated November 22, 1996 shall receive certification by the Development Review Committee (DRC). All modifications must be approved by the Board of County Commissioners unless the changes are required to meet conditions of approval or are permitted by the ULDC. Previously Condition A.3. of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

4. Prior to DRC certification of the Final Excavation Plan, the petitioner shall amend all pertinent plans to ensure compliance with the ULDC and the conditions in this resolution. The plans shall also be amended to clarify setback, separation, reclamation and buffering requirements by further graphic delineation and plan notes. Previously Condition A.4. of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

5. Resolution R-89-2225 is hereby repealed. (Previously Condition A.5. of Resolution R-2000-0419 (Petition 89-052(B)

B. ACCESS

1. Access for all hauling activity associated with excavation activity on the site shall be limited to one (1) point at any time to SR 80. Previously Condition B.1 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: DRC)

2. Internal traffic and vehicular circulation shall be in a forward motion with warning signals on all vehicles reduced to the minimum sound level allowed by OSHA standards. Previously Condition B.2 of Resolution R-2000-0419 (Petition 89-052(B)(ONGOING: ENG - Zoning)

C. BLASTING

1. Condition C.1 of Resolution R-2000-0419 (Petition 89-052(B) which currently states:

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

Is hereby amended to state:

The petitioner shall abide by and implement the best management practice, techniques and methods for blasting to reduce noise and vibration and all recommendations in the report by D. E. Siskind & Associates dated December 13, 1996 and June 27, 2000, as may be amended. In cases of conflict with the ULDC or conditions of approval, the more strict requirement shall apply. (ONGOING: CODE ENF)

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

BLASTING REGULATIONS

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

(Previously Condition C.2 of Resolution R-2000-0419 (Petition 89-052(B)

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

BLASTING STANDARDS

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

(Previously Condition C.3 of Resolution R-2000-0419 (Petition 89-052(B)

4. No blast shall be detonated within the required separation areas set forth in Condition N.1. (Previously Condition C.4 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

5. All use of explosives for blasting rock shall adhere to the following criteria:

a. Blasting shall be done with the existing overburden (e.g. fill) in place;

b. Blasting charges shall be set to minimize multiple charge detonations:

c. Blasting in areas where the overburden has been previously removed, or is insufficient to control air blast, shall be subject to best management practices for blasting and shall make all effort to control air blast. (ONGOING: CODE ENF)

6. The petitioner shall install a temporary fence indicating the required separation (see Condition N.1) for all blasting activity prior to commencement of excavation in any subphase. The location of the fence shall be verified by a registered surveyor and submitted to the DRC. (Previously Condition C.5 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: DRC)

7. All seismographs shall measure all ground vibration in excess of 0.10 in/sec. and all air blast in excess of 125 dBLinear peak. (Previously Condition C.6 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: DRC)

8. Condition C.7 of Resolution R-2000-0419 (Petition 89-052(B) which currently states:

A seismograph shall be located at the closest residential structure and any other structure within 900 feet from any blasting activity. It shall be located no more than 10 feet of the foundation of the structure and shall be located on the side of the structure that faces the blasting activity.

Is hereby amended to state:

A minimum of two (2) seismographs shall be located on the subject site. One seismograph shall have a permanent location, as indicated on the approved site plan which may be amended as needed. The second seismograph may be permanent or mobile and located at the closest abutting residential property line that faces the blasting activity. (ONGOING: CODE ENF)

9. The petitioner shall ensure that the seismograph instruments are recalebrated in accordance with standard industry practices at least once per year. (Previously Condition C.8 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

D. DRI

1. No subphase shall exceed eighty (80) acres of removal or disturbance of solid minerals or overburden per year. Previously Condition D.1 of Resolution R-2000-0419 (Petition 89-052(B).(ONGOING: DRC)

2. Daily water consumption shall not exceed 1.5 million gallons per day (mgd). (Previously Condition D.2 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: SFWMD)

3. Prior to commencement of excavation activity within the next subphase, or January 30, 1998, whichever occurs first, the petitioner shall obtain a development of regional impact (DRI) clearance letter from the Florida Department of Community Affairs (DCA). (Previously Condition D.3 of Resolution R-2000-0419 (Petition 89-052(B) (DATE: MONITORING - Zoning)

E. ENGINEERING

1. Prior to certification of the master plan/site plan by the DRC, the plans shall be amended to reflect the Okeechobee Road right-of-way. This right-of-way corridor shall be through an alignment acceptable to the County Engineer. (Previously Condition E.1 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ENG)

2. a. The property owner shall convey to Palm Beach County 200 feet of road right of way for Okeechobee Boulevard from the east property line to the L-8 Canal within 90 days of a determination that the right of way is required. (Previously Condition E.2.a of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ENG)

b. West of the L-8 Canal, the property owner shall convey to Palm Beach County 200 feet of road right of way for Okeechobee Boulevard. The alignment, which crosses the FP&l easement, shall be approved by the County Engineer. This right of way shall be conveyed to Palm Beach County within 90 days notice by the County Engineer that this additional right of way is required for Okeechobee Boulevard or prior to the cessation of the mining activity, whichever shall first occur. (Previously Condition E.2.b of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ENG)

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

a. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way.(Previously Condition E.3.a of Resolution R-2000-0419 (Petition 89-052(B) (DRAINAGE REVIEW: ENG)

b. Permits required by Palm Beach County for this construction shall be obtained prior to May 1, 1997.(Previously Condition E.3.b of Resolution R-2000-0419 (Petition 89-052(B)(DATE: MONITORING - Eng)

c. Construction shall be completed prior to July 1, 1997. (Previously Condition E.3.c of Resolution R-2000-0419 (Petition 89-052(B) (DATE: MONITORING - Eng)

4. The property owner shall be responsible for maintaining all turnouts, acceleration lanes, and median openings within the SR 80 road right of way for the duration of the mining operation. Within 60 days of notice from the FDOT, the property owner shall preform the required maintenance to correct any and all defects. This property owner will be responsible for obtaining all permits from FDOT for this maintenance or repair work. (Previously Condition E.4 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ENG)

5. The property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Okeechobee Boulevard along the property frontage; and a maximum 800 feet of these adjacent roadway(s). Conveyance of these drainage easements shall be concurrent with the right of way dedication of Okeechobee Boulevard as provided for in E2 above. The 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. (Previously Condition E.5 of Resolution R-2000-0419 (Petition 89-052(B) (DATE: MONITORING - Eng)

6. The property owner shall pay a Fair Share Fee in the amount and manner required by the "Fair Share Contribution for Road Improvements Ordinance" as it presently exists or as it may from time to time be amended. The Fair Share Fee for this project, to be paid at time of issuance of the next building permit, presently is $77,110 (1402 trips X $55.00 per trip). (Previously Con dition E.6 of Resolution R-2000-0419 (Petition 89-052(B) (BLDG PERMIT: ACCOUNTING - Eng)

7. LANDSCAPE WITHIN MEDIAN OF SOUTHERN BOULEVARD

a. Prior to July 1, 2000 the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Southern Boulevard Right-of-Way. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards.

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 on or before August 1, 2000. (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 July 1, 2000. Previously Condition E.7. of Resolution R-2000-0419 (Petition 89-052(B) (BLDG PERMIT: MONITORING-Eng)(DATE: MONITORING - Eng)

8. In order to comply with the mandatory Traffic Performance Standards, excavation shall be limited to seventy-six (76) acres per year or an equivalent acreage based upon a revised traffic study. This revised traffic study will be required to be submitted and approved by the Palm Beach County Traffic Division. An approved phasing plan shall be submitted to the DRC and shall be updated as required. (Previously Condition E.8. of R-2000-0419 (Petition 89-052(B) (ONGOING: ENG)

F. ERM

1. A Chloride and Mercury Monitoring Plan addressing the time between site plan certification and the time at which chlorides are to be channeled around the property (Plan 1) and the time after which chlorides are no longer channeled around the property and placed into open pits (Plan 2) shall be submitted to the Department of Environmental Resources Management for review and approval prior to DRC Site Plan certification. (Previously Condition F.1 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ERM)

2. A minimum 400 foot wide wildlife corridor, except adjacent to the south one half of the east border of Section 20 which may be reduced to 200 feet, shall be established along the western border of the L-8 canal for the entire length of the property. A maximum 92 foot wide littoral shelf may encroach the 400 foot corridor. No littoral shelf shall be permitted to encroach the 200 foot wide segment. The wildlife corridor shall be shown with the proposed Okeechobee Road right-of-way on the Final Excavation Plan and all applicable site plans prior to DRC certification. (Previously Condition F.2 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ERM)

3. A Landscape Plan which details the planting of the wildlife corridor, dedication of the corridor to Palm Beach County, and the long-term maintenance of the corridor vegetation shall be submitted to the Department of Environmental Resources Management for review and approval prior to DRC site plan certification. (Previously Condition F.3 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ERM)

4. Maximum depth of all excavation shall be -50 feet from OWL. (Previously Condition F.4 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ERM)

G. HOURS OF OPERATION

1. Excavation, loading and hauling activity shall occur only between the hours of 6:00 a.m. to 9:00 p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday in Sections C and D, or any area within 2,500 feet of a residential area. No excavation, loading or hauling activity shall occur on Sunday. (Previously Condition G.1 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

2. Excavation, loading and hauling activity shall occur only between the hours of 6:00 a.m. to 10:00 p.m. Monday thru Friday and 7:00 a.m. to 5:00 p.m. on Saturday in all sections other than C and D. No excavation, loading or hauling activity shall occur on Sunday. (Previously Condition G.2. of Resolution R-2000-0419 (Petition 89-052(B)(ONGOING: CODE ENF - Zoning)

3. Noise associated with excavation, loading and hauling activity from 7:00 p.m. to 10:00 p.m. shall not exceed 45 dBA as measured in the Performance Standards of Section 7.8. of the ULDC. Noise shall be measured from the residential property line closest to the area under excavation. (Previously Condition G.3. of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

4. Condition G.4. of Resolution R-2000-0419 (Petition 89-052(B) which currently states:

The petition shall be rescheduled before the Board of County Commissioners for a Development Order Amendment no later than July 27, 2000 to evaluate conditions of approval herein to include findings conducted by a noise study and daily blasting study from April 14, 2000 through July 15, 2000. The study shall also monitor noise from 7 p.m. to 6 a.m. from the residential property line in accordance with the ULDC. At that time, the Board shall consider appropriate amendments to conditions relating to noise, blasting, hours of operation, and issues related to this petition. (DATE: ZONING - Code Enf)

Is hereby deleted. REASON: Condition resolved with the July 27, 2000 BCC continuance.

5. Hours of operation shall not apply to the accessory asphalt or concrete batch plant. (Previously Condition G.3. of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ZONING - Code Enf)

H. LANDSCAPE/BUFFERING

1. The petitioner shall provide a minimum twenty five (25) foot wide Alternative No. 4 landscape buffer along the north boundary of Sections 28 & 27 and east boundaries of Sections 17 and 20. (Previously Condition H.1. of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

2. The DRC may permit the buffer required along Sections 17 and 20 by Condition H.1. above, and fifty percent (50%) of the required landscaping along Southern Boulevard, to be converted to an equivalent cash amount in order to purchase and install a greater number of smaller native trees within the wildlife corridor in order to enhance the habitat. All required native trees shall be a minimum of 18" high at time of planting. This conversion shall be subject to approval by ERM and the Zoning Division as an Alternative Landscape Betterment Plan. (Previously Condition H.2 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

3. The petitioner shall further enhance the wildlife corridor by providing one (1) native tree sapling, a minimum of eighteen inches (18") in height for every 2500 square feet of land area in the corridor. (Previously Condition H.3 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

4. All landscaping required in the wildlife corridor shall be installed prior to commencement of any excavation activity within Phase 3 (aka Lake #3), unless the wildlife corridor is dedicated to the County, including the associated funds to plant the landscaping as specified in Conditions H.1 - H.3 above. (Previously Condition H.4 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

5. All outdoor lighting used to illuminate the subject property shall be shielded and directed down and away from adjacent residential properties and streets. Previously Condition H.5. of Resolution R-2000-0419 (Petition 89-052(B) (CO/ONGOING: BLDG/CODE ENF - Zoning)

6. Condition H.6. of Resolution R-2000-0419 (Petition 89-052(B) which currently states:

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

Is hereby amended to state:

Rock plant lighting shall not exceed fifty (50) feet in height, measured from finished grade to highest point, provided the lighting is shielded and directed away from residential areas. All other outdoor lighting fixtures shall not exceed twenty five (25) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning)

7. The required perimeter landscape buffer shall be installed adjacent to the asphalt batch/concrete plant if the plant is not located within the existing rock processing area. (Previously Condition G.7 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING - Landscape)

I. LITTORAL SHELVES

1. All littoral shelves along the following sections lines shall be constructed at a minimum 20:1 slope and be a minimum of 92 feet wide, measured from top of bank to edge of pit: east sides of Sections 17, 20, 29, 32, 27 and 34, south sides of Sections 32, 33 and 34, north side of Sections 28 & 27. (Previously Condition I.1 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ERM)

2. All littoral shelves shall be created by grading only. Littoral shelves shall not created by excavation. (Previously Condition I.2 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ERM)

J. MONITORING

1. The Excavation Activity Monitoring Report required by Section 7.6.H.5.a. of the ULDC shall be submitted on or before January 30 annually. This excavation activity report shall include certification and documentation that all seismograph instruments have been re-calibrated within the calender year.(Previously Condition J.1 of Resolution R-2000-0419 (Petition 89-052(B) (DATE: MONITORING - Zoning)

2. The annual Excavation Activity Monitoring Report shall contain a current aerial photograph of the site clearly outlining the areas of current and completed excavation. The acreage of each area shall be provided. Additional information may be required by the Development Review Committee (DRC).(Previously Condition J.2 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING - Zoning)

3. The Maintenance and Monitoring Report of Reclaimed Areas required by Section 7.6.H.5.b. of the ULDC shall be submitted on or before January 30 annually. (Previously Condition J.3 of Resolution R-2000-0419 (Petition 89-052(B) (DATE: MONITORING - Zoning)

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

a. Name of operator or responsible person;
b. Date and time of blast;
c. Blast location (face and bench);
d. Monitoring location;
e. Distance to monitoring site;
f. Distance to nearest residential structure;
g. Lbs. of explosive, total;
h. Lbs of explosive/8 millisecond delay;
I. Peak ground vibrations for all 3 components of motion;
j. Peak airblast and frequency roll-off of the airblast channel;
k. Trigger settings for vibration and airblast;
l. Frequencies of peak ground vibrations; and
m. Other information required by the ULDC or as deemed necessary by the DRC. (Previously Condition J.4 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: DRC)

5. The blasting log shall be made available to the public or any government official on request. Previously condition J.5 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

6. The petitioner shall keep time histories (wave traces) for all events which exceed 0.10 in/sec. The petitioner shall provide written notification, with the seismograph reading, to the Zoning Director within 24 hours of any blasting event which exceed a ground vibration of 0.20 in/sec. (Previously Condition J.6 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

7. The petitioner shall maintain all blasting activity logs for a minimum of three (3) years.(Previously Condition J.7 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF)

K. PARKS/PLANNING

1. The petitioner shall coordinate with the County Park & Recreation Department in providing an end use plan that allows for public boating access to on site lakes and other public recreational uses within the projects boundaries. (Previously Condition K.1 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING - PARKS)

2. Should any archeological materials be uncovered, all work on the pit shall cease until such time as "the find" has been examined, catalogued, and recorded and preservation status determined, as required by ULDC Section 7.13 Archeological Resource Protection. Previously Condition K.2. of Resolution R-2000-0419 (Petition 89-052(B)(ONGOING: CODE ENF-PLANNING)

L. PHASING

1. Prior to certification of the Phasing Plan by the DRC, the Plan shall be revised to indicate completion of the subphases adjacent to the Wildlife Corridor along the L-8 canal first within Lakes 1 and 2. (Previously Condition L.1 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

2. A maximum of 3 subphases (maximum 240 acres) shall be in active excavation at any time. (Previously Condition L.2 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: CODE ENF - Zoning)

M. RECLAMATION

1. A minimum of 300 acres of reclaimed area shall be provided, consistent with the graphic depiction on the overall excavation plan submitted by the applicant dated November 22, 1996. (Previously Condition M.1 of Resolution R-2000-0419 (Petition 89-052(B) (DRC: ZONING)

2. A minimum of 1 subphase shall be reclaimed annually, until completion of the project. (Previously Condition M.2 of Resolution R-2000-0419 (Petition 89-052(B) (ONGOING: ZONING)

3. Prior to December 31, 1999, the petitioner shall complete reclamation of all previously excavated areas within Lake 1. (Previously Condition M.3 of Resolution R-2000-0419 (Petition 89-052(B) (DATE: MONITORING - Zoning)

N. SEPARATION

1. The petitioner shall meet the following separation requirements, measured as a radius from the closest residence to the edge of pit being excavated: (Previously Condition N.1 of Resolution R-2000-0419 (Petition 89-052(B)(DRC: ZONING)

SEPARATION

Property Line

Separation

North - Section 17 900 feet

North - Section 28 & 27 1120 feet

South - Section 32 900 feet

South - Section 33 900 feet

East - Sections 17 & 20 900 feet

East - Sections 27 & 34 1320 feet

West 900 feet

O. SETBACK

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

SETBACKS

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

(Previously Condition O.1 of Resolution R-2000-0419 (Petition 89-052(B)

"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)

I. PLANNING

DEVELOPMENT AREA:

1. The conservation easements on the preservation areas shall be recorded prior to or concurrent with the first plat for the Sussman PUD. Should conservation easements not be placed on these properties in a form acceptable to the County Attorney prior to December 1, 2001, then the approval of this Development Order (DO) shall be scheduled for review by the Board of County Commissioners with a recommendation by staff to revoke the Development Order. (DATE: MONITORING/DRC/PLANNING)

2. Prior to initial Master Plan Certification by the Development Review Committee, all tabular data on required documents (site/master plans, preliminary development plans, etc.) shall be updated/revised to reflect the most current acreage totals per surveys submitted on the following dates: Sussman PUD-2000-032(1), (May 25, 2000 (sheet 1) and April 19, 2000 (sheet 2)), Spanish River Presbyterian Church/GL & Johnson parcels-2000-032(2), (May 25, 2000 (sheet 1) and April 19, 2000 (sheet 2)), and Bruschi/GL & LWDD parcels-2000-032(3), (April 19, 2000), and Land Use Justification correspondence from Land Design South dated May 25, 2000. (DRC: PLANNING)

3. Prior to final Master Plan Certification by the Development Review Committee (DRC), the Palm Beach County Planning Division shall schedule a Comprehensive Plan amendment to include notations on the future land use atlas identifying the respective parcel as a buildable area, and coordinate with the PZ&B Graphics Division to ensure that the zoning maps also reflect the proper designations. (DRC: PLANNING)

4. Prior to final Master Plan Certification by the Development Review Committee (DRC), the applicant shall amend the location map on the master plan so as to include the locations of the preservation areas. The applicant shall also provide a regulating plan indicating the location, access, acreage and proposed uses for the preservation areas consistent with the Palm Beach County Comprehensive Plan and the Unified Development Code (ULDC). (DRC: PLANNING)

5. The PUD shall be limited to a maximum of 455 single family units provided 60/40 requirements are met. Prior to final Master Plan Certification by the Development Review Committee (DRC), the applicant shall provide a notation on the Master Plan indicating that the balance of unused units (110 units) shall not be utilized outside the boundary of the Sussman PUD site as identified in petition No. PDD 2000-032(1). (DRC: PLANNING)

6. Prior to final Master Plan certification by the Development Review Committee (DRC), the developer shall add the following notes to the Preliminary Development Plan:

The preservation areas approved as part of Petition 2000-032 (1,2,3) shall be restricted to preservation uses as follows:

PERMITTED USES

a) crop production, pasture, or equestrian purposes or may be retained as fallow land;
b) accessory structures such as barns and pump structures are permitted;
c) wetland or bona fide agricultural uses per the ULDC;
d) Other uses as permitted by the required conservation easements;
e) Other uses as may be permitted within the protected area of an Agr-PDD consistent with the Comprehensive Plan and the Unified Land Development Code;

NOT PERMITTED

f) Agricultural support uses such as processing facilities, farmworker housing and the like shall not be accommodated in the protected area of the Agr-PUD; nor shall new residential uses be accommodated thereon. (DRC: PLANNING)
g) The Special Agriculture (SA) land use designation on a portion of the Spanish River Presbyterian Church/GL & Johnson parcels-2000-032(2) is no longer valid.

PARCEL 2 (PRESERVE)

7. The conservation easement on the preservation areas shall be completed prior to or concurrent with the first plat for the Sussman PUD. Should a conservation easement not be placed on this property in a form acceptable to the County Attorney prior to December 1, 2001, then the approval of this Development Order (DO) shall be scheduled for review by the Board of County Commissioners with a recommendation by staff to revoke the Development Order. (DRC /DATE: PLANNING / MONITORING - Planning)

8. Prior to or concurrent with recordation of the first plat for the buildable area as identified in Petition No. PDD 2000-032(1), the applicant shall dedicate the land to Palm Beach County, record a restrictive covenant in a form acceptable to the Palm Beach County Attorney for the subject parcel, or subject the parcel to a conservation easement, limiting it to an agricultural reserve preserve area in accordance with the provisions of the Comprehensive Plan. (DRC: PLANNING)

9. Prior to final master plan certification by the Development Review Committee (DRC), the Palm Beach County Planning Division shall schedule a Comprehensive Plan amendment to remove the SA future land use designation from the future land use atlas (FLUA) and include notations on the FLUA identifying the respective parcel as an agricultural reserve preserve area, and shall coordinate with the PZ&B Graphics Division to ensure that the zoning maps also reflect the proper designations. (DRC: PLANNING)

10. Prior to the issuance of the first building permit for the development area as identified in Petition No. PDD 2000-032(1) (with the exception of dry models), the applicant shall record a boundary plat for the subject site, and include on said boundary plat, language limiting the site to agricultural reserve preservation uses as permitted by the Comprehensive Plan Objective 1.5 Section 5.2.c.2 of the Land Use Element, page 33. (BLDG PERMIT: PLANNING / BLDG)

11. Prior to site plan certification by the Development Review Committee (DRC), the applicant shall provide a notation on the regulating plan for Petition 2000-032 indicating all dwellings allocated to the subject site shall be located on the buildable area as identified in Petition No. PDD 2000-032(1). (DRC: PLANNING)

PARCEL 3 (PRESERVE)

12. Prior to recordation of the first plat, the petitioner shall record a legal lot(s) of record in order to create the configuration of this preservation parcel. The applicant shall provide documentation to the Zoning and Planning Divisions and the County Attorney's Office that any lots created to achieve the configuration of this preservation parcel shall have a total 176.15 acres. (DRC: ZONING/PLANNING/COUNTY ATTY)

13. The conservation easement on the preservation areas shall be completed prior to or concurrent with the first plat for the Sussman PUD. Should a conservation easement not be placed on this property in a form acceptable to the County Attorney prior to December 1, 2001, then the approval of this Development Order (DO) shall be scheduled for review by the Board of County Commissioners with a recommendation by staff to revoke the Development Order. (DRC /DATE: PLANNING / MONITORING - Planning)

14. Prior to or concurrent with recordation of the first plat for the buildable area as identified in Petition No. PDD 2000-032(1), the applicant shall dedicate the land to Palm Beach County, record a restrictive covenant in a form acceptable to the Palm Beach County Attorney for the subject parcel, or subject the parcel to a conservation easement, limiting it to an agricultural reserve preserve area in accordance with the provisions of the Comprehensive Plan. (DRC: PLANNING)

15. Prior to final master plan certification by the Development Review Committee (DRC), the Palm Beach County Planning Division shall schedule a Comprehensive Plan amendment to include notations on the future land use atlas identifying the respective parcel as an agricultural reserve preserve area, and shall coordinate with the PZ&B Graphics Division to ensure that the zoning maps also reflect the proper designations. (DRC: PLANNING)

16. Prior to the issuance of the first building permit for the development area as identified in Petition No. PDD 2000-032(1) (with the exception of dry models), the applicant shall record a boundary plat for the subject site, and include on said boundary plat, language limiting the site to agricultural reserve preservation uses as permitted by the Comprehensive Plan Objective 1.5 Section 5.2.c.2 of the Land Use Element, page 33. (BLDG PERMIT: PLANNING / BLDG)

17. Prior to site plan certification by the Development Review Committee (DRC), the applicant shall provide a notation on the regulating plan for Petition 2000-032 indicating all dwellings allocated to the subject site shall be located on the buildable area as identified in Petition No. PDD 2000-032(1). (DRC: PLANNING)

J. PARKS

1. Should Linton Boulevard be removed from the Thoroughfare Plan, the developer may relocate the 1.12 acre recreation parcel shown north of Linton Boulevard to a new location south of Linton Boulevard to be contiguous with the 1.53 acre Master Recreation area. This amendment to the plan shall only require DRC approval. (DRC: PARKS)

K. ENVIRONMENTAL RESOURCES MANAGEMENT

1. A Management Plan addressing the removal of prohibited exotic vegetation shall be submitted to and approved by ERM prior to DRC Master Plan certification. (DRC: ERM)

L. PREM

1. The property owner shall provide Palm Beach County Board of County Commissioners with a warranty deed by November 1, 2001 for a 3.72 acre Public civic site, in a location and form acceptable to Facilities, Development & Operations Department (FD&O). Developer to Plat and dedicate the Civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance.

a. Developer to provide a title policy insuring marketable title to Palm Beach County for the civic site. Policy is subject to Property & Real Estate Management Department's (PREM) and County Attorney's approval. The title policy to be insured to Palm Beach County for a dollar value based on current market appraisal of the proposed civic site or the Contract purchase price on a per acre basis. The appraisal to be obtained the Developer. The County to have the option, at their discretion, to release all or part of the Declarations of Covenants and Conditions of the P.U.D., 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 1, 1999. 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 September 1, 2001. 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. Prior to September 1, 2001, the Petitioner may request to exchange the required on-site dedication of land for cash of equal value or off-site land equal in acreage, however, this option shall be used only upon County approval. In addition, should the off-site land option be chosen, each PREM condition listed in numbers 1, 2 & 3 above will also apply. If the land off-site is of less cash value than the on-site dedication the petitioner shall contribute cash equal to the difference in values. Valuation of the on-site and off-site land shall be subject to the County appraisal process and be at the cost of the petitioner or if the petitioner is a contract purchaser the per acre value used for the entire PUD may be used to determine the civic site value. If off-site land or cash contribution is accepted by Palm Beach County, the petitioner shall be deemed to have satisfied the intent of ULDC 6.8B.6a (2). (DATE: MONITORING - PREM)

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.

The following points emerged from Senior Planner Maryann Kwok's presentation:

The petitioner agreed to all conditions except for the width of the landscape buffer along the north property line.

The code required all Agricultural Reserve planned unit developments (AGR-PUDs) to have a perimeter 50-foot buffer. The petitioner wanted to reduce the buffer along the northern perimeter from 50 feet to 25 feet because of an existing 80-foot-wide Lake Worth Drainage District (LWDD) canal and a proposed 140-foot-wide water management tract.

Staff recognized the substantial spatial separation between the northern AGR-PUD and adjacent lands but could not support a reduction because of the code requirement.

In order to obtain relief from the code requirement, the petitioner had two options:

Ask for a code amendment; or

Request board approval to apply for a variance.

The perimeter landscaping condition was being revised:

Existing Condition D.1:

Landscaping and buffering along all perimeter property lines shall be upgraded to include:

Ms. Kwok's revision:

"Condition D.1 should read: 'Landscape along the perimeter property line'."

Existing Condition D.1.b:

a four (4) to six (6) foot undulating berm, with an average height of five (5) feet, measured from the top of the curb;

Ms. Kwok's revision:

"Add the sentence on D.1.b; it should say 'southeast and west property line'."

Kevin Ratteree, agent, agreed to the conditions with the exception of the landscape buffer issue and noted that the project had received no public opposition. He described the petitioner's landscape buffer problem as follows:

The code detailed three criteria under any one of which a petitioner could take a buffer reduction on an AGR-PUD. Unfortunately, because of the code's technical language, the project's northern buffer was not eligible for that reduction. The petitioner believed, however, that the layout of the plan met the intent of the code.

Along the northern property line, because the petitioner is required, within an AGR-PUD, to put 50 percent of water along the perimeter of development, the petitioner had proposed to put a water management tract along the entire northern boundary that consisted of a 20-foot lake maintenance easement, a 150-foot water surface area, and then another 20-foot lake maintenance easement. The code then requires a 50-foot landscape buffer. Added to that is an existing LWDD canal. In total, even within a 50-foot buffer, the petitioner had an approximate 300 feet of property separation on the north.

The petitioner requested authority from the board to seek a variance from the Zoning Board of Adjustments.

The code provision did not make sense in this situation because the petitioner could meet the code requirement by moving the lake to the southern property line. Then the identical residential units could be located 50 feet from the northern property line whereas now they are located 200 feet away.

When a petitioner has a water body, buffer, and canal separating units, he or she should be eligible to take a buffer width reduction. The buffer material would not change, only its height because of the 3:1 slope.

Commissioner Aaronson remarked that the code was antiquated and should be revised.

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

MOTION to allow the petitioner to apply for a variance. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent.

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

MOTION to approve the request of Petition PDD2000-32 for a zoning map amendment from AGR to AGR/D and two zoning map amendments from AGR to AGR/P. Motion by Commissioner Roberts and seconded by Commissioner Newell.

Jean Mills, representing the Property and Real Estate Department of the School District, assured Commissioner Newell that the project would meet the new school concurrency if it were in effect today.

Zoning Director Whiteford corrected "Street Setback" on page 281 of the backup to "Side Corner Setback." He further confirmed that the front setback was 25 feet.

PUBLIC COMMENT: None

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

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

5.E. ZONING PETITIONS

5.E.32. RESOLUTION R-2000-1237

RESOLUTION FOR PETITION 99-76(A) (COLONY PARK PUD) OF CLINTON COMMUNITIES, PETITIONER (JEWISH FEDERATION, OWNER), BY CHUCK MILLAR, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 1.63-ACRE PROPERTY LOCATED APPROXIMATELY 400 FEET EAST OF BENOIST FARMS ROAD ON THE NORTH SIDE OF BELVEDERE ROAD. (REVOKES R-89-710) (P.O.P. 720172) ADOPTED WITH CONDITIONS AS AMENDED 8-24-2000

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

A. ALL PETITIONS

1. Resolution R-89-710, granting approval of Petition 88-101 for a day camp and recreation facilities is 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 site plan is dated August 17, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. BUILDING AND SITE DESIGN

1. The maximum height for all structures including air conditioning, mechanical equipment and satellite dishes shall not exceed thirty-five (35) feet. All heights shall be measured from finished floor to highest point. (BLDG PERMIT: BLDG - Zoning)

2. All air conditioning and mechanical equipment shall be screened from view on all sides by a visually opaque barrier consistent with the color, character and architectural style of the principal structure or equivalent landscape material. (CO: BLDG - Zoning)

3. The site plan shall be amended to include a car wash area for the residents. (CO: BLDG - Zoning)

4. The exterior elevations of all residential buildings shall provide variety and visual interest by incorporating all of the following items:

b. Varied window treatments (i.e transoms, glass block, window types, trims, etc.);

c. Contrasting shapes and forms within the building mass including off setting of vertical or horizontal planes;

d. Focal points or points of interest (i.e. cupolas, loggias, entrances, vertical elements, chimneys, etc.); and

e. Varied architectural details (i.e. columns, pilasters, vents decorative trims and moldings, stucco or horizontal banding, decorative railings decorative accent tiles, etc.). (DRC: ZONING - Bldg)

5. The proposed residential buildings shall be designed and constructed to be generally consistent with the facade elevations by Tseng Consulting Group dated August 18, 2000. (BLDG PERMIT: BLDG - Zoning)

6. Canopy tree shaded pedestrian connections shall be provided from all parking areas not directly adjacent (exceeding 50 feet distance) to residential entryways. (DRC: ZONING - Bldg)

7. Prior to final DRC approval the site plan shall be amended to indicate the following amenities:

a. A minimum five (5) focal points within the interior parking island which shall include 2 terminal island features, paver treatment and trellis;
b. A minimum 10 foot shaded pedestrian crosswalk with pavers, from Building 2 to the civic area and two (2) tot lots;
c. A family picnic pavilion and four (4) covered picnic shelters; and,
d. An eight (8) feet wide mulch fitness trail around the perimeter of the north retention area. (DRC:ZONING- Bldg Permit)

8. Prior to the first Certificate of Occupancy the portion of Lake Susan Road which is not providing access to the PUD shall be abandoned and a gate provided 230 feet east from Beniost Farms Road prohibiting access to the east. The abandoned portion of the right of way shall be included as part of the residential PUD. (CO: DRC -Zoning)

C. ENVIRONMENTAL RESOURCES MANAGEMENT

1. A tree survey depicting all native trees with a 4 inch diameter breast height (dbh) shall be submitted to ERM for review and approval prior to the submittal of any site plan locating the proposed preserve. The survey shall depict the location of any native trees of specimen size and the location of any listed species found on the site. (DRC: ERM)

2. Significant vegetation indicated by the required tree survey shall be incorporated to the greatest extent possible, into the residential site plan design. (DRC: ERM)

D. LANDSCAPING - STANDARD

1. Twenty-five percent (25%) of all canopy trees required to be planted in the perimeter buffer 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 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)

E. ENGINEERING

1. The Property owner shall construct a left turn lane north approach on Benoist Farms Road at the project's entrance 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. On or before June 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 Benoist Farms 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.

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

4. LANDSCAPE WITHIN MEDIAN OF COUNTY ROADS

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department Permit Section for a permit to landscape the adjacent median of Belvedere Road Right-of-Way. This permit shall comply with all permit requirements, including but not limited to indemnifying Palm Beach County. When permitted by the Land Development Division of the Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the latest revision to the Palm Beach County Engineering and Public Works Department Streetscape Standards.

The property owner shall also be responsible for supplementing any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscaping installation and maintenance requirements shall be subject to the standards as 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)

F. LANDSCAPING - INTERIOR

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 shall be provided between all rows of abutting parking. The minimum width of this median shall be ten (10) feet excluding curb. One tree and appropriate ground cover shall be planted for each thirty (30) linear feet of the divider median, with a maximum tree spacing of sixty (60) feet on center. (DRC: ZONING)

3. A landscaped divider median with at grade bicycle and pedestrian cuts shall be provided in the center of the main entryway. The minimum length of this median shall be twenty five (25) feet. A minimum width of eight (8) 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)

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

a. The minimum width of the required landscape areas shall be eight (8) feet;

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

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

G. LANDSCAPING ALONG NORTH, EAST AND WEST PROPERTY LINE (ABUTTING RESIDENTIAL)

1. Landscaping and buffering around the perimeter of the developed portion of the site, along the north (south and inclusive of, the abandoned portion of Lake Susan Road), east, and west property line shall be upgraded to include:

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

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

c. A six (6) foot high vinyl coated chain link fence or wall, placed on top of the berm. The exterior side of the wall, if used, shall be given a finished architectural treatment that is consistent with the color and style of the principal structure;

d. The eastern 100 feet of the north property line adjacent to the Lake Susan Road entrance, may be exempt from the requirements above to allow pedestrian connection to the north portion of the site. (CO: LANDSCAPE- Planning)

2. The following landscaping requirements shall be installed alternating on both sides of the required fence or wall:

a. One (1) canopy tree planted every twenty-five (25) feet on center;

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

c. 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)

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

4. Landscaping along the dry retention area shall meet condition G.2. above with an eight (8) foot mulched fitness trail incorporated in the landscape buffer area. (CO: LANDSCAPE- Zoning)

H. LANDSCAPING ALONG SOUTH PROPERTY LINE (ADJACENT TO BELVEDERE ROAD)

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

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

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

2. The following landscaping requirements shall be installed alternating on both sides the required fence or wall:

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

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

c. 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. LIGHTING

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

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

J. MASS TRANSIT

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

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of a building permit for more than the 33rd 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)

K. PLANNED UNIT DEVELOPMENT

1. All utilities shall be underground, pursuant to Section 6.8.A.23.d(5) of the ULDC. (PLAT: ENG - Zoning)

2. Prior to final site plan approval by the Development Review Committee, the petitioner shall record the restrictive covenant indicated as a "draft restrictive covenant" in Ordinance 96-59 which addresses landscaping in relation to proposed density. (PLANNING).

3. 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. 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)

4. Focal points shall remain generally consistent with the June 29, 2000 conceptual site plan. The focal points shall be in the form of plazas, fountains, arcades or similar pedestrian oriented public areas acceptable to the Zoning Division. (DRC: ZONING)

5. A minimum of two (2) designated parking spaces shall be provided per unit. (DRC/CO: ZONING/BLDG)

6. A minimum of 10% of the parking spaces shall be covered. (DRC - Zoning/Bldg Permit)

L. SCHOOL BOARD

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

"NOTICE TO HOME BUYERS/TENANTS"

School age children may not be assigned to the public school closest to their residence. School Board policies regarding overcrowding, 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. SECURITY MEASURES

1. Security lighting shall be provided for all stairwells and shall not be extinguished during evening hours. (ONGOING: CODE ENF)

2. The manager and caretaker/maintenance person shall reside on site to assure the availability of convenient and continuous maintenance and residential management services. (ONGOING: CODE ENF

N. SIGNS

1. Freestanding residential identification signs fronting on Belvedere Road and Benoist Farms Road shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - eight (8) feet;
b. Maximum sign face area per side - 80 square feet;
c. Maximum number of signs - one (1) per frontage; and
d. Style - monument style only. (CO: BLDG)

O. 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.

Senior Planner Carrie Rechenmacher said that at time of publication, staff had received no letters in support and five letters in opposition, and that, yesterday, staff received a 55-signature petition in opposition to the request.

(CLERK'S NOTE: There was no motion to receive and file the petition.)

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

Robert A. Bentz, agent, addressed the following conditions:

He revised Condition B.8:

Prior to the first Certificate of Occupancy the portion of Lake Susan Road which is not providing access to the PUD shall be abandoned, if approved by the Board of County Commissioners, and a gate provided 230 feet east from Beniost Farms Road prohibiting access to the east. The abandoned portion of the right of way shall be included as part of the residential PUD. (CO: DRC -Zoning)

He said he believed Condition K.6 ("A minimum of two [2] designated parking spaces shall be provided per unit.") conflicted with Condition K.7 ("A minimum of 10% of the parking spaces shall be covered."). He said the petitioner had no problem with providing two spaces per unit but was concerned about how to assign the spaces and who would get covered spaces.

Zoning Director Whiteford told Commissioner Roberts that staff had added Condition K.7 after the Zoning Commission hearing in order to upgrade the project. Ms. Roberts expressed regret that staff had not spoken to her about the change at that time since she would have told them it would give rise to problems. Ms. Roberts recommended that the condition be eliminated.

Commissioner Masilotti expressed concern that the buildings were too close together and that the residents would be "living on top of each other." Mr. Bentz said the original plans showed the development scattered throughout the project with smaller retention areas interlaced with the overall community. The current arrangement stemmed from a series of meetings with South Florida Water Management District staff who specified the current size as the absolute minimum size of the water retention area. Mr. Masilotti said that separating the buildings a bit more would make for better living conditions and suggested that the district be apprised of these concerns.

Commissioner Roberts commented on the amount of green space.

Commissioner Newell asked if the petition would meet the new school concurrency ordinance when adopted. Jean Mills, representing the Property and Real Estate Department of the School District, said that it would.

Mr. Newell said he did not understand why the School District always projected students from multifamily projects so extremely low. The district's projection for 130 two- and three-bedroom units was 32 students, whereas Mr. Newell said he would guarantee there would be between 200 and 300 children living in this project. The School Board knows the numbers have been off for many years, he said. Ms. Mills responded that the district was working on a revision of their multiplier and until the board adopted that, the district would have to use what had already been adopted.

Mr. Newell cautioned that there needed to be sufficient area for the children to get on and off the school buses.

Mr. Newell said the county had developed the school concurrency program using numbers generated by the School Board's existing policy, which are not correct, and that everyone knew it.

Commissioner Aaronson discussed how the county had no school concurrency.

MOTION to adopt a resolution approving the request of Petition PDD99-76(A) for an official zoning map amendment from AR to PUD subject to the conditions as amended. Motion by Commissioner Roberts and seconded by Commissioner Aaronson.

PUBLIC COMMENT: None

The board made their disclosures at this time.

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

5.E.33. See page 4.

5.F. TDR ANNUAL REPORT

5.F.34.

1999-00 TRANSFER OF DEVELOPMENT RIGHTS (TDR) ANNUAL REPORT. APPROVED STAFF RECOMMENDATIONS 8-24-2000

Staff and Land Use Advisory Board Recommendation for Price Per Unit:

The recommended price per TDR unit for Fiscal Year 2000-01 is $10,154. This price, based on the current pricing formula, accounts for the time value of money by using the Consumer Price Index (CPI). The CPI represents changes in prices of all goods and services purchased for consumption by urban households and is the most widely used measure of inflation.

Staff Recommendations for Improving the TDR Program:

1. Continue to seek municipal involvement in the TDR Program. The Planning Division will provide an update on ongoing BCC TDR directives following the Fall Intergovernmental Plan Amendment Review Committee (IPARC) meeting.

2. Reevaluate the TDR Program as part of the Comprehensive Plan Evaluation and Appraisal Report.

Senior Planner Aimee Craig Carlson requested board approval of the three recommendations given above.

Commissioner Aaronson praised the recommendations as "solid."

MOTION to approve the three staff recommendations. Motion by Commissioner Aaronson and seconded by Commissioner Roberts.

Commissioner Lee observed that approval would increase the price per TDR unit.

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

6. DIRECTOR COMMENTS

6.A. ZONING DIRECTOR - None

6.B. PLANNED DIRECTOR - None

6.C. COUNTY ENGINEER - None

7. COMMISSION COMMENTS

7.A. COMMISSIONER BURT AARONSON

7.A.35.

ORDINANCE ENTITLED LOCKING DEVICES REQUIRED FOR FIREARMS, COMMONLY CALLED TRIGGER LOCK ORDINANCE. APPROVED WITH DIRECTION: (1) RECONSIDERATION OF ACTION TAKEN ON AUGUST 22, 2000; AND (2) PRELIMINARY READING AND ADVERTISEMENT FOR PUBLIC HEARING ON OCTOBER 31, 2000 -- 8-24-2000

MOTION to reconsider the motion approved at the August 22, 2000, board meeting approving preliminary reading and advertisement for public hearing on September 26, 2000, of Item 6.B.1., Locking Devices Required for Firearms Ordinance. Motion by Commissioner Aaronson, seconded by Commissioner Marcus, and carried 6-0. Commissioner Masilotti absent.

MOTION to approve on preliminary reading and advertise for public hearing on October 31, 2000, an ordinance of the Board of County Commissioners of Palm Beach County, Florida, to be entitled "Locking Devices Required for Firearms"; requiring locking devices on firearms stored in Palm Beach County; creating a public duty; providing penalties; providing for severability; providing for repeal of laws in conflict; and providing for an effective date. Motion by Commissioner Aaronson and seconded by Commissioner Roberts.

Staff was directed to:

Issue a press release on the revised public hearing date;
Air the revised public hearing date on Channel 20; and
Inform Jeff Sanders of the new date. Mr. Sanders spoke on the ordinance at the August 22, 2000, meeting.

Commissioner Aaronson explained that his reason for proposing the new meeting date was that he would be absent from the September 26 meeting. He said that, as maker of the motion, he was very passionate about the ordinance and wanted to be present for discussion, if there was any.

No backup provided.

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

7.B. COMMISSIONER WARREN H. NEWELL

7.B.36.

RETENTION LAKE POLICY. DISCUSSED WITH DIRECTION 8-24-2000

Commissioner Newell sought confirmation that the board had directed the establishment of a policy calling for the landscaping of dry retention lakes involved in the construction of county projects. He explained that the Engineering and Public Works Department did not believe that such lakes were required to be landscaped or beautified and fenced if put within visible areas and within neighborhoods. Mr. Newell warned that the retention lake at Lantana Road and Congress Avenue would become an eyesore very shortly.

Commissioner Marcus recalled that the board had discussed that fences be vinyl-covered and attractive.

The board discussed the following suggestions:

Forgo barbed wire in favor of a chain link fence;
Install an attractive six-foot vinyl-coated chain link fence next to the buffer, not to the right-of-way;
Plant cypress or other trees; and
Keep the green space visible.

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

MOTION to correct the retention lake at Lantana Road and Congress Avenue and to provide for the beautification of retention lakes by providing vinyl-covered fences and areas or mechanisms for appropriate landscaping. Motion by Commissioner Newell and seconded by Commissioner Marcus.

Commissioner Newell said he favored tree buffers as opposed to hedge buffers and requested that staff bring back a proposal.

Expressing a concern about incurring additional liability, Commissioner Roberts remarked on the difference between wet retention and dry retention and on the need for appropriate landscaping. Commissioner Newell observed that dry retention is partially wet.

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

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

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

Commissioner McCarty proposed using aeration fountains in wet retention lakes that are near residential areas.

Commissioner Roberts requested that such projects costing more than a couple of thousand dollars be brought to the board for approval.

No backup provided.

7.B.37.

ARCHITECTURAL STANDARDS FOR DEVELOPMENT, ESPECIALLY COMMERCIAL DEVELOPMENT. DISCUSSED 8-24-2000

Commissioner Newell recalled that a few months earlier, the board had directed staff to develop a policy on architectural standards for development, particularly commercial development. Such standards were a controversial issue with architects and developers, he said. Mr. Newell sought, and received, confirmation that his colleagues were very strong in their desire for such standards in the unincorporated area.

No backup provided.

RECESS

The Chair declared a recess at 11:57 a.m.

RECONVENE

The meeting reconvened at 2:04 p.m. with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, Newell, and Roberts present.

5.B. TIME CERTAIN ITEM - 2:00 P.M.

5.B.26.

MANAGED GROWTH TIER SYSTEM CODE REVISION PROJECT - PRESENTATIONS BY SHORT-LISTED FIRMS (KEITH AND SCHNARS, P.A.; AND JAMES DUNCAN AND ASSOCIATES, INC., DBA DUNCAN ASSOCIATES) AND SELECTION OF CONSULTANT. APPROVED SELECTION OF DUNCAN ASSOCIATES WITH DIRECTION 8-24-2000

a. 2:00 P.M. PRESENTATION:

TEAM 1 - KEITH AND SCHNARS, P.A.

Team participants:

Keith and Schnars
Coffey & McPherson
Thaddeus Cohen
Dodson Associates
Torti Gallas/CHK
Graphic Synch
MJH Associates
TND Engineering/White Mountain

John B. Hart, executive-vice president and chief operating officer of Keith and Schnars, led the team's presentation, following which a question-and-answer session ensued.

b. 2:45 P.M. PRESENTATION:

TEAM 2 - JAMES DUNCAN AND ASSOCIATES, INC., DBA DUNCAN ASSOCIATES

Team participants:

Duncan Associates
Randall Arendt
Jonathan Barnett
Dyett & Bhatia
Glatting Jackson Kercher Anglin Lopez Rinehart
Icard, Merrill, Cullis, Timm, Furen & Ginsburg
Lane Kendig

James B. Duncan, president of Duncan Associates, led the team's presentation. A question-and-answer session followed.

Assistant County Attorney Banks advised the board they needed to indicate by motion which firm they would like staff to begin negotiations with.

MOTION to nominate Duncan Associates as the consultant for the managed growth tier system code revisions project and to begin negotiations with same. Motion by Commissioner Masilotti and seconded by Commissioner Newell.

Commissioner Marcus said she would not support the motion on the floor because she preferred Keith and Schnars. They were more specific, she said.

Commissioners McCarty and Lee spoke on behalf of Duncan Associates.

UPON CALL FOR A VOTE, the motion carried 4-3. Commissioners Aaronson, Marcus, and Roberts opposed.

8. ADJOURNMENT

The Chair declared the meeting adjourned at 3:44 p.m..

ATTESTED: APPROVED:

Clerk Chair