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MEETING: BOARD OF COUNTY COMMISSIONERS, COMPREHENSIVE PLAN

ADOPTION PUBLIC HEARING FOR AMENDMENT ROUND 2000-2

1. CALL TO ORDER: December 6, 2000, at 9:41 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.

1.A. ROLL CALL

MEMBERS AND OFFICERS PRESENT:

Chair Warren H. Newell
Vice-Chair Carol A. Roberts - Absent
Commissioner Burt Aaronson- Absent
Commissioner Addie L. Greene
Commissioner Mary McCarty
Commissioner Karen T. Marcus
Commissioner Tony Masilotti
Assistant County Administrator Verdenia C. Baker
Assistant County Attorney Robert P. Banks
Deputy Clerk Joan Haverly

1.B.1. OPENING PRAYER - None

1.B.2. PLEDGE OF ALLEGIANCE

1.C. REMARKS OF THE CHAIR

The Palm Beach County, Florida, Board of County Commissioners (BCC) has convened to hear and consider public comments, pursuant to Chapter 163, Part II, Florida Statutes, Chapters 9J-5 and 9J-11, Florida Administrative Code, and other authority, on proposed amendments to the 1989 Palm Beach County Comprehensive Plan. This public hearing is being held on December 6, 2000, at the Jane M. Thompson Memorial Chambers, Sixth Floor, 301 North Olive Avenue, West Palm Beach, Florida. This public hearing may be continued to another time and place as necessary.

The proposed amendments for adoption in Round 00-2 include text amendments and site specific amendments to the Future Land Use Atlas. The Local Planning Agency held its public hearings on these amendments on June 9 and June 16, 2000. The Board of County Commissioners held its transmittal public hearing on July 12, 2000.

1.D. PROOF OF PUBLICATION APPROVED 12-6-2000

MOTION to receive and file Proof of Publication 755532. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Aaronson and Roberts absent.

1.E. PLANNING DIRECTOR COMMENTS

1.E.1.

LAND USE ADVISORY BOARD 2000 ANNUAL REPORT. APPROVED RECEIPT AND FILE 12-6-2000

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

PLANNING DIRECTOR COMMENTS - CONTINUED

1.E.2.

ANNEXATION 2000 ANNUAL REPORT. APPROVED RECEIPT AND FILE 12-6-2000

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

1.E.3.

COMPREHENSIVE PLAN IMPLEMENTATION 2000 ANNUAL REPORT. APPROVED RECEIPT AND FILE 12-6-2000

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

1.E.4.

INITIATION OF AMENDMENT ROUND 2001-1. APPROVED AS AMENDED 12-6-2000

MOTION to initiate the items in Round 2001-1 as recommended by staff. Motion by Commissioner Masilotti and seconded by Commissioner McCarty.

EXHIBIT I: AMENDMENTS PROPOSED FOR INITIATION IN ROUND 2001-1

a. ADOPTED AMENDMENT REQUIRING REVISITATION

The following item was added to the Comprehensive Plan by amendment in 1997 and is being presented for reevaluation as detailed below:

(1) 2001-34 RES 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 24.67-acre property (Royal Palm Beach Colony) located at the northeast corner of Seminole Pratt Whitney Road and Orange Boulevard from Commercial Low/Rural Residential 10 (CL/RR-10) to RR-10.

Justification: Condition B.5 of Ordinance 97-47 states: "If construction of a shopping center on the property that is subject to this amendment has not commenced within two years from the effective date of this ordinance, the County may initiate and adopt a plan amendment removing the commercial land use designation from the property." Two years from the effective date was January 14, 2000. This item was included in the initiation document for Amendment Round 2000-1 in order to receive direction from the Board of County Commissioners (BCC) on whether or not to proceed with a land use amendment on the property. The Planning Division and the Land Use Advisory Board recommended that this amendment not be initiated. The BCC also voted not to initiate the amendment in Round 2000-1 but directed that the item be brought back in one year if construction had not commenced. Construction has not commenced.

Planning Director Frank M. Duke identified Item 1.E.4.a.(1) and said there were probably public comment cards on it.

AMENDED MOTION to exclude Item 1.E.4.a.(1). The maker and seconder agreed.

PLANNING DIRECTOR COMMENTS - CONTINUED

1.E.4.a.(1) 2001-34 RES 1 - CONTINUED

(CLERK'S NOTE: For continued discussion of Item 1.E.4.a.[1], see pages 11-13.)

b. PROPOSED TEXT AND MAP SERIES AMENDMENTS

(1) AGRICULTURAL RESERVE TIER

This proposed amendment to the Future Land Use Element (FLUE) will revise Future Land Use Objective 1.5, establishing the Agricultural Reserve Tier and its policies for consistency with the Agricultural Reserve Master Plan and the revised format on the FLUE. Specific changes are pursuant to Board of County Commissioners (BCC) direction on June 27, 2000. (Continued from Round 2000-1 by BCC on December 14, 1999)

(2) MINING AND WATER MANAGEMENT

This proposed amendment to the Future Land Use Element will revise Future Land Use Policy 2.3-e(2) to allow mining activities in the Agricultural Production (AP) land use designation for projects related to ecosystem restoration and regional water management.

(3) LIBRARY SERVICES ELEMENT REVISIONS

This proposed amendment to the Library Services Element will update Table 4 to reflect new square footage totals for certain Library facilities shown on the table.

(4) GENERAL FLUE REVISIONS

This proposed amendment to the Future Land Use Element (FLUE) will revise and update several policies. (Items are forthcoming.)

(CLERK'S NOTE: According to Planner Susan Miller following the meeting, the policies will be determined by staff, scheduled for the Land Use Advisory Board hearing of February 9, 2001, and then scheduled for the Board of County Commissioners transmittal public hearing at the end of March 2001.)

(5) UNITED TECHNOLOGIES OVERLAY

This proposed amendment to the Future Land Use Element will revise Future Land Use Objective 2.7, establishing the United Technologies Overlay and supporting policies to: (a) eliminate language which states that all lands within the overlay have an industrial designation; and (b) replace language which limits uses in the overlay to those which "support and contribute" to the operations of Pratt & Whitney with language that permits compatible office and industrial uses.

(6) CIE ANNUAL UPDATE OF TABLES

This proposed amendment to the Capital Improvement Element (CIE) will update tables to reflect the FY 2001 budget and subsequent five-year projections for FY 2002-FY 2006.

(7) CIE TEXT REVISIONS

This proposed amendment to the Capital Improvement Element (CIE) will correct references and clarify concurrency language. A redundant policy will be deleted.

(8) ECONOMIC/AG RESERVE REVISIONS

This proposed amendment to the Economic Element will further strengthen agricultural enhancement objectives and policies. In addition, other objectives and policies will be revised and reformatted to reflect current practices and terminology, correct references, and consolidate language.

(9) MGTS HOUSING POLICIES

This proposed amendment to the Housing Element will incorporate input from the Commission on Affordable Housing/Land Use Advisory Board (CAH/LUAB) working group regarding the development of housing policies consistent with the Managed Growth Tier System (MGTS).

(10) COASTAL MANAGEMENT REVISIONS

This proposed amendment to the Coastal Management Element will remove redundancy, clarifying policies relative to state requirements.

(11) HEALTH AND HUMAN SERVICES REVISIONS

This proposed amendment to the Health and Human Services Element will incorporate recommended changes stated within the 1996 Evaluation and Appraisal Report (EAR). Additional revisions are being proposed that are consistent with the findings in the EAR and with the Health and Human Services support document. Revisions specifically focus on: (a) data; (b) accountability and measurability; (c) properly defined role of the element; and (d) funding for implementation. Modifications to the Goals, Objectives and Policies section will ensure proper provision of services and programs.

(12) ICE REVISIONS

This proposed amendment to the Intergovernmental Coordination Element (ICE) will revise ICE Policy 2.2-a regarding the implementation of the Glades Tier.

(13) SIX YEAR ROAD IMPROVEMENT SCHEDULE

This proposed amendment to Capital Improvement Element Table 3A will reflect changes to the Five Year Road Program - Annual Adjustment to be adopted in December 2000.

(14) PROSPERITY FARMS ROAD CRALLS

This proposed amendment to the Transportation Element will add language to establish a constrained roadway at lower level of service (CRALLS) for segments of Prosperity Farms Road in the Palm Beach Gardens and North Palm Beach area. Specific segments and method have yet to be determined.

(15) OKEECHOBEE BOULEVARD CRALLS

This proposed amendment to the Transportation Element will add language to establish a constrained roadway at lower level of service (CRALLS) for segments of Okeechobee Boulevard between the Florida Turnpike and State Road 7 (U.S. 441).

(16) AGRICULTURAL RESERVE TIM AND 2020 MAP

This proposed amendment to the Transportation Element will examine, and remove if deemed necessary, the rights-of-way on the Thoroughfare Right-of-Way Identification Map (TIM) and 2020 Map for Linton Boulevard and Flavor Pict Road within the Agricultural Reserve. This item was directed by the Board of County Commissioners on June 27, 2000.

(17) AG RESERVE RURAL PARKWAY

This proposed amendment to the Transportation Element will examine, and designate if deemed necessary, Lyons Road (within the Agricultural Reserve) as a rural parkway. This item was directed by the Board of County Commissioners on June 27, 2000.

(18) REVISED CRALLS LOS

This proposed amendment to the Transportation Element will eliminate the constrained roadway at lower level of service (CRALLS) designations that are now more restrictive than the standard adopted in the revised Level of Service (LOS) tables in Round 99-2.

(19) EXPANDED INTERSECTION DEFINITION

This proposed amendment to the Transportation Element will add clarification as to what is allowed in the configuration of an expanded intersection.

(20) GENERAL TIM AND 2020 AMENDMENTS

This proposed amendment to the 2020 Map/Thoroughfare Right-of-Way Identification Map (TIM) will make revisions for specific roadway segments, including Yamato Road and State Road 7 (U.S. 441).

(21) HURRICANE EVACUATION

This proposed amendment to the Transportation Element and Hurricane Evacuation Route Map will clarify the distinction between county- and state-designated hurricane evacuation routes.

c. COUNTY-INITIATED CORRECTIVE SITE SPECIFIC AMENDMENTS

(1) 2001-56 RES 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 7.33-acre property (Breezy Acres) located approximately 250 feet south of Okeechobee Boulevard and 0.50 mile east of Haverhill Road from Low Residential 3 (LR-3) to Medium Residential 5 (MR-5).

Justification: Consistency with the existing density.

(2) 2001-71 RES 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 8.45-acre property (Barbridge Road) located on the east side of Military Trail approximately 0.50 mile south of Forest Hill Boulevard from Low Residential 3 (LR-3) to Medium Residential 5 (MR-5).

Justification: Consistency with the existing density.

(3) 2001-71 RES 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 7.61-acre property (Edward Road) located on the east side of Military Trail approximately 0.50 mile north of Forest Hill Boulevard from Low Residential 3 (LR-3) to Medium Residential 5 (MR-5).

Justification: Consistency with the existing density.

(4) 2001-71 RES 3

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 4.55-acre property (47th Avenue South) located on the north side of Lateral 10 Road approximately 0.20 mile west of Military Trail and 0.30 mile south of Purdy Lane from Low Residential 3 (LR-3) to Medium Residential 5 (MR-5).

Justification: Consistency with the existing density.

(5) 2001-71 RES 4

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 7.79-acre property (Kelly Drive) located approximately 300 feet west of Military Trail and 500 feet south of Purdy Lane adjacent to the north and south sides of Kelly Drive from Low Residential 3 (LR-3) to Medium Residential 5 (MR-5).

Justification: Consistency with the existing density.

(6) 2001-71 COM 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 1.12-acre property (Military/Forest Hill) located on the east side of Military Trail approximately 0.50 mile north of Forest Hill Boulevard from Low Residential 3 (LR-3) to Commercial High (CH) with cross-hatching.

Justification: Reflection of the property's zoning approval (Zoning Petition 93-47) for a restaurant. A portion of the property, totaling 0.38 acre, is designated LR-3 and identified on the site plan for a parking and retention area. This portion needs CH designation and cross-hatching, which is consistent with Future Land Use Element Table 2.2.2-1.

(7) 2001-71 COM 2

This proposed amendment to the Future Land Use Atlas will change the future land use designation on 4.88 acres (2.38 acres and 2.50 acres combined) (Military/Canal 10 Road) located approximately 600 feet west of Military Trail, 850 feet south of Cresthaven Boulevard, and 0.25 mile north of 10th Avenue North.

Justification: Reflection of the property's existing land use.

(8) 2001-78 RES 2

This proposed amendment to the Future Land Use Atlas will restore the High Residential 8 (HR-8) land use designation to the property (size not available) (2nd Avenue Property) located approximately 150 feet north of 2nd Avenue North and 1,300 feet west of Congress Avenue.

Justification: Reinstatement of the HR-8 designation that was inadvertently removed from the atlas at the time the adjacent property to the east was annexed into the Village of Palm Springs.

d. COUNTY-INITIATED SITE SPECIFIC AMENDMENTS

(1) USAB/RURAL TIER BOUNDARY ADJUSTMENT

This proposed amendment to the Future Land Use Atlas and Map Series will move the Urban Service Area Boundary (USAB)/Rural Tier boundary to be consistent with the Village of Royal Palm Beach annexation of 25 acres of Loxahatchee Groves in 1999.

(2) 2001-1 RURAL FLU REVISIONS, CENTRAL COUNTY

This proposed amendment to the Future Land Use Atlas will change the future land use (FLU) designation on 12 properties (total size to be determined) in the Agricultural Reserve from Rural Residential 10 (RR-10) to Rural Residential 5 (RR-5).

Justification: The affected properties are 12 antiquated subdivisions (Canal Pine Acres, Deer Run, Delwood, Entrada Acres, Fox Trail, Las Flores Ranchos, Loxahatchee Groves, Mandell, Santa Rosa Groves, Sunny Urban Meadows, Tall Pine Acres, and Waite) in the Rural Tier. The amendment will implement Land Use Element Policy 1.4-b.

(3) 2001-97, 101 CON 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on 210 acres (Loxahatchee Mitigation Bank [Ag Reserve Parcel]) located in the Agricultural Reserve from Agricultural Reserve (AGR) to Conservation (CON).

Justification: Reflection of the property's usage as a mitigation bank (conservation purposes). The amendment will accurately reflect the future land use of the parcel.

(4) 2001-3, 4, 11 CON 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on 408 acres (four parcels) (Environmentally Sensitive Lands [ESLs]) located on the Pal-Mar out-parcels from Industrial (IND) to Conservation (CON) and retire the density units.

Justification: Reflection of the future land use of the parcels.

(5) 2001-92 CON 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on property (size to be determined) (Agricultural Reserve-Loxahatchee National Wildlife Refuge) from Agricultural Reserve (AGR) to Conservation (CON).

Justification: Reflection of the future land use of the parcels. Portions already have a CON designation.

(6) 2001-57 COM 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 29.09-acre property (Auto Nation) located at the southwest corner of Okeechobee Boulevard and the Florida Turnpike from Commercial High/Industrial (CH/IND) to CH. (Zoning Petition 95-22)

Justification: Consistency with Future Land Use Policy 2.2.2-d.

(7) 2001-57 COM 2

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 27.71-acre property (Palm Beach Plaza MUPD [multiple use planned development]) located at the southeast corner of Jog Road and Okeechobee Boulevard from Commercial High/Industrial (CH/IND) to CH. (Zoning Petition 98-44)

Justification: Consistency with Future Land Use Policy 2.2.2-d.

(8) 2001-78 RES 1

This proposed amendment to the Future Land Use Atlas (FLUA) will change the future land use designation on a portion of the 3.29-acre parcel (United Cerebral Palsy Daycare) located at the northeast corner of Coconut Road and 2nd Avenue North from Commercial 5 (C/5) to Medium Residential 5 (MR-5). (Zoning Petition 84-5) If the underlying Commercial is not removed, the Planning Division has determined that the property should not be designated CL and the FLUA should be modified accordingly.

Justification: Consistency with Future Land Use Policy 2.2.2-d.

(9) 2001-110 COM 1

This proposed amendment to the Future Land Use Atlas will change the future land designation on the 4.51-acre property (Toppel Center) located on the north side of Glades Road over 0.25 mile west of Lyons road from Commercial High 5 (CH/5) to CH. (Zoning Petition 89-44)

Justification: Removal of the underlying Residential designation to reflect the property's Commercial land use. This is consistent with Future Land Use Policy 2.2.2-d.

(10) 2001-102 RES 1l

This proposed amendment to the Future Land Use Atlas will change the future land use designation on 2.41 acres of the 4.75-acre property (Arc at Delray West) located on the south side of Atlantic Avenue approximately 450 feet east of the Florida Turnpike from Commercial 8 (C/8) to High Residential 8 (HR-8). (Zoning Petition 97-28)

Justification: Removal of the non-utilized Commercial designation to reflect the development of an assisted living facility (ALF) on the property. Determination of the number of residents for the ALF was based on the property's HR-8 designation. This is consistent with Future Land Use Policy 2.2.2-d.

(11) 2001-77, 78 COM 1

This proposed amendment to the Future Land Use Atlas will examine future land uses along Lake Worth Road within the boundaries of the Lake Worth Road Commercial Corridor. On April 4, 2000, the board directed staff to commence a thorough analysis of the land uses within the corridor for Amendment Round 2000-2. The project was postponed because of traffic concerns. Traffic volumes received since that time established that there may not be any traffic concerns.

e. TRANSPORTATION-RELATED AMENDMENTS NOT REVIEWED BY LAND USE ADVISORY BOARD (LUAB) - Requested by the Engineering and Public Works Department after the LUAB review and recommendation of items

(1) STATE ROAD 7 CRALLS

This proposed amendment will add language to the Transportation Element to establish a constrained roadway at lower level of service (CRALLS) for segments of State Road 7 (U.S. 441) in the Wellington area consistent with the public facilities agreement between the county and Minto developers.

(2) GREENACRES/WELLINGTON SCHOOL LOS

This proposed amendment will revise Transportation Element policy 1.2-d to establish a Level of Service (LOS) to permit construction of a new school.

PLANNING DIRECTOR COMMENTS - CONTINUED

EXHIBIT II: 2001-1 FUTURE LAND USE ATLAS AMENDMENTS IN PROCESS

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

a. PRIVATELY INITIATED SITE SPECIFIC AMENDMENTS

(1) 2001-64 INST 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 60.22-acre property (Palm Beach Atlantic College) located on the north side of Southern Boulevard approximately 0.50 mile east of Jog Road from Medium Residential 5 (MR-5) to Institutional 5 (INST/5).

(2) 2001-69 INST 2

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 27.22-acre property (Wellington Medical Phase II), located on the west side of State Road 7 (U.S. 441) approximately 1,240 feet north of Forest Hill Boulevard and west of Phase I (4.35-acre parcel subject of a concurrent small scale amendment), from Low Residential 2 (LR-2) to Institutional 3 (INST/3).

(3) 2001-80 COM 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 11.87-acre property (Uhley 2/SR7) located at the northwest corner of Lantana Road and State Road 7 (U.S. 441) as follows: (a) from Low Residential 1 (LR-1) to Industrial (IND) on 8.41 acres; (b) from Commercial Low 1 (CL/1) to IND on 0.27 acre; and (c) from LR-1 to CL on 3.19 acres.

(4) 2001-82 COM 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 16.58-acre property (Lantana Road Commercial 2) located on the north side of Lantana Road approximately 0.50 mile west of Military Trail from Medium Residential 5 (MR-5) to Commercial Low 5 (CL/5).

(5) 2001-94 MLU 1

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 20.94-acre property (Flavor Pict MLU) located at the northwest corner of Flavor Pict Road and Military Trail from Medium Residential 5 (MR-5) to Multiple Land Use (MLU).

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

1.E.5. ORDINANCE 2000-042

ORDINANCE AMENDING THE FUTURE LAND USE ATLAS TO CORRECT SCRIVENER'S ERRORS BY ADDING PARCEL CONTROL NUMBERS FOR SEVERAL COMMERCIAL PARCELS ON WHICH THE CROSS-HATCHING WAS REMOVED. (AMENDS ORDINANCE 99-70 [WHICH APPROVED AMENDMENT 99-CHX (CROSS-HATCHING)]) ADOPTED 12-6-2000

MOTION to adopt the ordinance. Motion by Commissioner Masilotti, seconded by Commissioner McCarty, and carried 5-0. Commissioners Aaronson and Roberts absent.

ITEM EXCLUDED FROM MOTION INITIATING AMENDMENT ROUND 2000-1

1.E.4.a.(1) 2001-34 RES 1

(CLERK'S NOTE: For earlier discussion of this item, see page 2.)

This proposed amendment to the Future Land Use Atlas will change the future land use designation on the 24.67-acre property (Royal Palm Beach Colony) located at the northeast corner of Seminole Pratt Whitney Road and Orange Boulevard from Commercial Low/Rural Residential 10 (CL/RR-10) to RR-10.

Planning Director Duke informed the board of the following:

The board had adopted a plan amendment in 1997 (Ordinance 97-47) that redesignated this property from Rural Residential 10 (RR-10) to Commercial Low with an underlying RR-10.

At the time of adoption, staff had recommended denial of the application because there was no centralized water and sewer to serve the site.

The applicant had indicated belief that the site would have water and sewer available to it within two years and had agreed to a voluntary condition that if it did not have that service, the county could initiate and adopt a plan amendment removing the commercial land use designation from the property.

The potable water and sanitary sewer service had not been provided by the Indian Trail Improvement District, and two years from the effective date of the ordinance was last year (November 17, 1999).

If the board voted to initiate the amendment today, they would be voting for reversion of the land use designation to RR-10. Staff did not recommend such an action because they believed they needed to leave land use in the area alone while they worked on the sector plan. In this, the Land Use Advisory Board concurred.

Should the board vote for initiation today, they would consider the item for transmittal in March 2001.

The applicant was requesting an extension of the water and sewer provision inasmuch as they were limited by the City of West Palm Beach not moving to extend a sanitary sewer line to the site. Further, there was an issue about water which would be discussed later in the meeting by Zoning Director Whiteford during the administrative inquiry.

Ron Kolins, agent, said the City of West Palm Beach was to have put in a sewer line along Northlake Boulevard but had not done so. Consequently, although otherwise ready to proceed, the applicant has been unable to begin construction. About a month previously, the city and the county reached an agreement whereby the city would pay for, but the county would supervise, construction of a sewer line during the county's construction of Northlake Boulevard. Commissioners McCarty and Masilotti identified the delay as originating with the county. Mr. Kolins agreed.

Commissioner Marcus said she had serious concerns about West Palm Beach running water and sewer lines into the unincorporated area in contradiction of the county's rural policy. Provision of water and sewer, if made at all, should be made by the county, she said. Mr. Duke clarified that the policy stipulates that the county will not approve land uses that require centralized water and sewer and that the county will not pay for or subsidize provision of those services.

Commissioner McCarty proposed meeting with the Water Utilities Department to discuss the county's water service delivery areas, which include cities providing water outside their boundaries, generally in future annexation areas. Those boundaries needed to be rethought in light of today's rural policy.

Commissioner Marcus proposed that Assistant County Administrator Baker bring back an item that looks at the issue of local government running lines through the unincorporated rural area and that this be done fairly quickly.

MOTION to concur with staff not to initiate the Royal Palm Beach Colony proposed amendment. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

Commissioner Masilotti suggested that staff look into certain old federal agreements that designate water service areas because he believed, he said, that the Acreage was technically within the Royal Palm Beach utilities area.

Commissioner Masilotti asked why West Palm Beach was running water and sewer lines into the unincorporated area. Mr. Duke responded that under Indian Trail Improvement District statute, West Palm Beach had the authority to provide water or sewer or to contract for it. The district wanted the city's lines into this particular site, he said.

Mr. Duke explained to Commissioner Marcus that if the motion on the floor was approved, the proposed amendment would not be brought back to the board in March 2001. Commissioner Marcus said she thought the item needed to be brought back because of the utility issue; if the board then wished to deny the application, it could. Agent Kolins remarked that to do what Commissioner Marcus suggested would create a great deal of uncertainty for his client to go ahead with development and that it would be impossible to go forward with that uncertainty. He stressed that his client had done everything that was required under development approval, including the dedication of land to government and posting a bond of over $1,000,000 for roadway. Construction delay was not his client's fault, he said.

Commissioner Newell said that approval of the motion on the floor would give the applicant a year's extension. Mr. Duke said that the applicant had requested a two-year extension. Commissioner Masilotti noted that the applicant had told him that one year would be more than sufficient.

Mr. Duke told Commissioner McCarty that with motion approval, the board would be directing staff to bring the item back to the board one year from today if construction has not begun.

AMENDED MOTION to include a one-year extension. The maker and seconder agreed. Commissioner Marcus opposed. Commissioners Aaronson and Roberts absent.

1.F. UNSCHEDULED ITEMS

1.F.1.

MOTOROLA LAYOFF. DISCUSSED WITH DIRECTION 12-6-2000

Commissioner Newell said that Motorola announced today a layoff of 800 employees in its Boynton Beach facility and urged his colleagues and staff to immediately respond in a way similar to that which was done with Pratt & Whitney.

No backup provided.

(CLERK'S NOTE: The following item was discussed following the close of the public hearing.)

1.F.2.

TRUCK RENTAL OPERATIONS AT AUTOMOTIVE SERVICE STATIONS. DISCUSSED WITH DIRECTION 12-6-2000

Commissioner Newell said that he was noticing in the zoning process that many automotive service stations are getting into the truck rental business and asked if they were allowed to do that. Zoning Director William C. Whiteford responded that, under the code, a station was allowed to rent five trucks by right. Commissioner Newell remarked that there were many more than five at many service stations. Mr. Whiteford said that operators might not be meeting screening requirements or might be using required parking for storage.

Commissioner McCarty said that the issue of allowing five rental trucks by right needed to be revisited. Commissioner Newell added that 30- and 40-foot-long trucks especially needed to be looked at.

No backup provided.

2. OPEN PUBLIC HEARING - AMENDMENT ROUND 2000-2 ADOPTION

Planning Director Duke directed the board's attention to the next tab in the notebook (Response to the Department of Community Affairs Objections, Recommendations, and Comments [ORC] Report) which had not been included in the agenda and to certain pages in a handout of additional backup materials, which are a modification of staff's response to the ORC Report on the PGA Boulevard CRALLS (Item 2.C.1., see pages 15-19) as a result of the City of Palm Beach Gardens taking action on the item as required by the county.

2.A. PRIVATELY INITIATED SITE SPECIFIC AMENDMENT - Which did receive objection/comment from the Florida Department of Community Affairs (DCA)

2.A.1. ORDINANCE 2000-043

ORDINANCE AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR 2000-106 COM 1 (SR7/CLINT MOORE), MODIFYING PAGE 106 OF THE FLUA BY CHANGING A PARCEL OF LAND TOTALING APPROXIMATELY 17.96 ACRES LOCATED ON THE SOUTHEAST CORNER OF CLINT MOORE ROAD AND STATE ROAD 7 (U.S. 441) FROM MEDIUM RESIDENTIAL, 5 UNITS PER ACRE (MR-5) TO COMMERCIAL LOW WITH AN UNDERLYING 5 UNITS PER ACRE (CL/5) WITH CROSS-HATCHING ON THE EASTERN 250 FEET OF THE SITE. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED WITH CONDITIONS 12-6-2000

This parcel is subject to the following conditions:

1. The eastern 250 feet of the site be cross-hatched, which limits this portion of the site to drainage, landscaping and at-grade parking only. Vehicular storage, and/or storage of any kind is prohibited (with the exception of drainage and water retention, which is permitted on site);

2. The maximum gross building area of the commercial uses on the site shall be 143,750 square feet; and

3. The single largest tenant on the site shall be a grocery store, which is limited to a maximum of 55,000 square feet.

Principal Planner Kathleen Girard made her presentation to the board.

MOTION to adopt an ordinance with three conditions amending the FLUA for the SR7/Clint Moore amendment. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

Planning Director Duke told Commissioner Masilotti that before the transmittal hearing, several letters of opposition had focused on compatibility issues, which was why cross-hatching was proposed for the eastern side of the site. Additionally, residents had requested installation of a traffic signal at the entrance to their development, an issue that the Land Use Advisory Board (LUAB) had recommended be dealt with during the zoning process. At the transmittal hearing, the Board of County Commissioners had agreed with LUAB's recommendation. Mr. Duke added that staff had recently received two more letters of opposition, which were included in the handout of additional backup materials.

Mr. Duke told Commissioner Masilotti of the Florida Department of Community Affair's objection to the amendment and staff's response to that objection.

Kieran J. Kilday, agent, said that the conditions had grown out of the applicant's extensive meetings with the West Boca Community Council and adjacent residential communities.

PUBLIC COMMENT: None

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

2.B. PRIVATELY INITIATED SITE SPECIFIC AMENDMENT - Which did not receive objection/comment from DCA

2.B.1. ORDINANCE 2000-044

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR 2000-82 MLU 1 (MILITARY/HYPOLUXO), MODIFYING PAGE 82 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 40 ACRES LOCATED ON THE EAST SIDE OF MILITARY TRAIL APPROXIMATELY 690 FEET NORTH OF HYPOLUXO ROAD FROM MEDIUM RESIDENTIAL 5 (MR-5) TO MULTIPLE LAND USE WITH AN UNDERLYING/ALTERNATIVE 5 UNITS PER ACRE (MLU/5), WITH COMMERCIAL HIGH OFFICE (CH-O), COMMERCIAL LOW OFFICE (CL-O), INSTITUTIONAL (INST), OPEN SPACE USES, AND LAKE/DRAINAGE. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED WITH CONDITIONS 12-6-2000

This parcel is subject to the following conditions:

1. Development of the site shall conform with the "Design Criteria for Landscape Buffers and Pedestrian Open Space System" (Exhibit 3);

2. The height of the buildings on the Commercial High Office and Commercial Low Office portions of the site shall be limited to a maximum of 25 feet overall;

3. The height of the building(s) on the Institutional portion of the site shall be limited to a maximum of 15 feet overall;

4. At the time of re-zoning of the first portion of this site to be developed, a "unit of control" covenant for the site shall be entered into and signed by the applicant(s)/developer(s).

MOTION to adopt an ordinance with four conditions amending the FLUA for the Military/Hypoluxo amendment. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

2.C. TRANSPORTATION-RELATED TEXT AND MAP AMENDMENTS - Which did receive objection/comment from DCA

(CLERK'S NOTE: The following ordinance was numbered out of order.)

(CLERK'S NOTE: For earlier discussion on the following item, see page 13.)

2.C.1. ORDINANCE 2000-061

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TRANSPORTATION ELEMENT TO DESIGNATE SEGMENTS AND INTERSECTIONS OF PGA BOULEVARD AS A CONSTRAINED ROADWAY AT LOWER LEVEL OF SERVICE FACILITY. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED WITH MODIFICATIONS SET FORTH IN THE STAFF REPORT 2-6-2000

Planning Director Duke made the following comments:

The staff report had been revised and included in the handout of additional backup materials.

The revision stemmed from a change in staff's recommendation. When staff provided the original report, they recommended denial because the City of Palm Beach Gardens had not acted on two conditions of approval established by the Board of County Commissioners (BCC). Yesterday afternoon, the city took action to transmit the City Center linkages plan, the last of the two outstanding issues. As a result, staff now recommended approval with modifications as shown in Exhibit 1 of the revised staff report. Mr. Duke then discussed the modifications.

The Florida Department of Community Affairs had objected to the proposed amendment because of flaws in the data. That data has now been corrected.

Palm Beach Gardens has to show the county where the funding for future improvements is coming from. The city has implemented an impact fee program that they say will provide those dollars. The city will also require the projects to put up those funds, and they will get credit against their impact fees as they come forward.

County taxpayers would pay nothing if the expense were greater than fees paid. This is because the roads in the linkages plan are local roads; for the most part, they are within Palm Beach Gardens. The county roads in the area would be subject to improvements through the normal process.

Commissioner Marcus said she wanted to make clear that the board has already agreed to participate in the North County Traffic Forum that should be held in mid-February 2001. It was because of that forum that the rest of the local governments in the north end were satisfied with today's language. Following the forum, the board may recommend a transit program instead of a future CRALLS. The traffic reports were made on proposed projects and were not approved by Palm Beach Gardens. It was an ongoing option that any of the projects could bring in their own transit recommendations to get the approval.

PUBLIC COMMENT:

Joseph Russo, mayor of Palm Beach Gardens, remarked that:

The city has enjoyed excellent cooperation with the county on this issue.

The towns of Lake Park and Jupiter shared Palm Beach Gardens' concern about the elevated numbers that came out of the second traffic study.

City residents do not want PGA Boulevard to become an eight-lane roadway or to have traffic volumes excessive to the point of impassibility.

The second traffic study also showed a need for CRALLS designations on other roads. The mayor said he would not support such designations on Military Trail and AIA.

The mayor hoped that solutions to problems and creative ways of looking at things would be developed at the upcoming traffic forum.

The mayor reiterated that the projects were not approved and said he believed that there would be less density when they eventually come through the process.

The city has held workshops with Plat 4 community residents who are concerned about a certain railroad crossing linkage and has had discussions with county staff about the linkage's possible relocation. It was possible that a safety issue would preclude approval of the crossing. The city has committed to the establishment of a quiet zone if the crossing needs to be established. The city has also established a committee to look into whether all of the city's railroad crossings could adopt that type of policy.

Ron Ferris, interim city manager of Palm Beach Gardens, read a letter from Lauren Furtado, vice-mayor of Palm Beach Gardens, in support of the PGA Boulevard CRALLS. Mr. Ferris expressed his gratitude for the outstanding cooperation the city has enjoyed with the county commissioners and staff.

Sam Shannon, community development director of the Town of Jupiter, spoke in support of the item before the board and requested that any adjustments to its numbers be based on a consensus of the communities in the north county. That consensus, he said, should occur through the upcoming traffic forum.

Nancy Graham, division president of Watermark Communities, made the following remarks:

The county, Palm Beach Gardens, and the development community have shown a fine cooperative spirit in trying to resolve the problems that arose from MacArthur Foundation selling many of its properties at the same time.

The practical impact of reducing density in the area and restricting trips in the county's first tier urban service area will result in developers only being able to afford to build very expensive homes and in everyone who works in the area having to drive there from other districts in the county. That needs to be addressed in the upcoming traffic forum.

The PGA Boulevard CRALLS did not take into consideration the Northlake Boulevard-Florida Turnpike interchange, which will ultimately take trips off.

Watermark Communities requested that language added to the item that would allow a revisiting of the CRALLS within a year to see if, in fact, the County Engineer's numbers were correct. When Ms. Graham discussed the matter yesterday with Palm Beach Gardens officials, they expressed willingness to revisit within a year. They were unwilling to commit to writing, however, anything that had not been approved by Commissioner Marcus.

David Thatcher, community development director of the Town of Lake Park, spoke in support of the amendment. He said town officials were concerned about the impact of the second traffic study's higher numbers on the town and its continuing ability to develop and redevelop property. They wanted to protect the town's ability to grow and reach its potential and thought the upcoming traffic forum would do that. Mr. Thatcher also discussed certain local activities being pursued by the municipality.

Roger Blangy spoke against the proposed railroad crossing at Parcel 5A, or the northwest corner of PGA Boulevard and Alternate AIA, reading his letter of opposition that had been distributed to the board. He complained that it would be located only 500 feet from the Garden Woods development; its noise would be greatly disruptive of the residents' quality of life; and its tunnel-like approach on the AIA side would create accidents. Furthermore, it had not yet been authorized by the Federal Railroad Administration, the Florida Department of Transportation, and the Florida East Coast Railway. Mr. Blangy requested that the proposed crossing not be considered as part of the PGA Boulevard CRALLS and that RCA Boulevard, located very near and parallel to PGA Boulevard, be widened to a four-lane roadway in order to accommodate traffic going to or coming from Parcel 5B, Parcel 5A, Military Trail, and therefore serving the PGA Boulevard CRALLS.

The board and staff responded to Mr. Blangy's concerns.

Speaking in opposition to the amendment, Sharon Long made a visual presentation on behalf of John Arosa, which showed the impact of train horn noise on the Gardens Wood neighborhood, and said that the residents would like: (1) the quality of life in the neighborhoods to be emphasized over the character of PGA Boulevard; (2) a noise study to get real numbers on the impact of the railroad crossing on the neighborhood; (2) a traffic study without the train crossing at Kyoto Drive, perhaps four-laning Hood Road, or moving the crossings south. The city has promised to try to get that done after today's meeting; and (4) postponement of the crossing until a noise abatement method can be put in place. The quiet zone legislation was passed six years ago, but the rules still have not been issued. It is not known how long that will take or if, indeed, it will ever happen inasmuch as railroads are reluctant to do away with train horns because of liability issues.

A general discussion ensued on county noise levels. Assistant County Attorney Alterman advised that county noise ordinances generally do not apply to railroad crossings and that federal regulations preempt county noise issues. Addressing the issue of when a noise level violates code, Ms. Alterman said that the range is between 55 and 60 decibels depending on the type of equipment and the time of its operation. Zoning Director Whiteford added there was a range throughout the day.

Ernie Cox, attorney for Watermark Communities and Community Finance Corporation, complimented all parties involved for making a good beginning on the project and presented a history on how it came about. He made the following requests:

Use of the higher traffic volumes in the CRALLS than the lower numbers that were transmitted. He contended the higher numbers are the best data and analysis available.

Reversion of development order to building permit issuance in paragraph 18 of the policy. The transmittal used building permit issuance as the triggering point for allowing the traffic numbers to be continued. That has been changed to development order. The reason for the request was that many development orders might come up during the development process. Using the building permit, rather than any development order, as the trigger would more accurately allow for the development process to go forward but would certainly not allow for the construction to begin until funds are fully available.

Addition of a reference to the North County Traffic Forum in the ordinance and to a subsequent review of the PGA Boulevard CRALLS should the Board of County Commissioners decide not to use the September 28, 2000, numbers for the CRALLS, as his clients believe they should. In view of the fact that people and times change, his clients would feel much more comfortable with the addition of the following language:

The County acknowledges that the traffic vehicle trips approved by the County in these amendments may not be sufficient to meet the traffic concurrency needs for the Reduced Development Levels for each of the Properties set forth in Exhibit E of the Forbearance Agreement dated April 15, 1999, and the "City of Palm Beach Gardens Area-Wide Traffic Study and CRALLS Analysis" dated September 28, 2000. Therefore, the County agrees to undertake a review of the PGA CRALLS following the North County Traffic Forum in January or February 2001, and certainly no later than November 1, 2001.

Commissioner Marcus said she would not support making any changes at this time. The Town of Jupiter has signed off on the current language, wants no eleventh-hour changes to be made today, and is comfortable with the Planning Forum as the one that drives what changes there will be. The Jupiter mayor and officials would have been here had they had enough time to realize this eleventh-hour request was going to be made. That issue had not been presented at the public hearing in Palm Beach Gardens a week ago Monday; consequently, the municipalities have not had an opportunity to comment on it. Traffic numbers should not drive good planning, she said. The impacts of higher numbers on PGA Boulevard have a significant impact on the Town of Lake Park because it throws those higher trips over to Northlake Boulevard. The town has a piece of property, which is actually owned by Watermark Communities, that they would not be able to develop and they are trying to do a redevelopment property. So, it is all very much tied in to all the other local communities, and it is really unfair to make these kinds of commitments without having the input from all local governments and residents.

MOTION to adopt the revised staff report with the motion to adopt the proposed amendment with modifications. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Aaronson and Roberts absent.

2.C.2. ORDINANCE 2000-045

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TRANSPORTATION ELEMENT AND MAP SERIES TO REVISE AND UPDATE 2015 ROADWAY NETWORK TO 2020 AND TO CORRECT AN ERROR, AND BY AMENDING THE INTRODUCTION AND ADMINISTRATION ELEMENT TO UPDATE THE PLANNING PERIODS TO INCLUDE THE YEAR 2020. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Transportation Element and Map Series pursuant to the 2015 to 2020 Roadway Network Conversion amendment as recommended by staff. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

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

2.D. TRANSPORTATION-RELATED TEXT AND MAP AMENDMENTS - Which did not receive objection/comment from DCA

2.D.1. ORDINANCE 2000-046

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TRANSPORTATION ELEMENT TO MODIFY THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP TO ADD QUADRILLE BOULEVARD FROM OKEECHOBEE BOULEVARD TO DIXIE HIGHWAY, ADD URBAN INTERCHANGES ON SOUTHERN BOULEVARD AT JOG ROAD AND AT HAVERHILL ROAD; ADD WEST PARK AVENUE FROM OLD DIXIE HIGHWAY TO CONGRESS AVENUE; AND REVISE THE ELEMENT BY ADDING A POLICY TO CLARIFY THE COUNTY'S STATUTORY AUTHORITY TO BUILD NEEDED ROADWAYS. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Transportation Element and Thoroughfare Right-of-Way Identification Map (TIM) pursuant to the General TIM amendment as recommended by staff. Motion by Commissioner Masilotti and seconded by Commissioner Greene.

PUBLIC COMMENT: None

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

2.D.2. ORDINANCE 2000-047

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TRANSPORTATION ELEMENT TO MODIFY THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) TO REDUCE THE RIGHT-OF-WAY FOR THE SEGMENT OF HOOD ROAD, DEPICT THE PROPOSED HOOD ROAD CONNECTING WITH THE EXISTING FLAMINGO ROAD, AND RELOCATE NOTES TO REFLECT CONDITIONS ASSOCIATED WITH ROADWAY SEGMENTS IN THE TIM. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Transportation Element and TIM pursuant to the Hood Road TIM and Text amendment as recommended by staff. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

PUBLIC COMMENT:

Mary Anne Guschke, representing The Sanctuary Homeowners Association, observed that according to a map obtained from the County Engineer's office, the right-of-way was 123 feet, not 110 feet. Commissioner Masilotti said that as long as the pavement is a maximum of 60 feet, "the more you have the wider the buffering."

Ms. Guschke said that at an April 18, 2000, meeting, the board had voted that Hood Road would be centered within the right-of-way. This was not indicated on the Toll Brothers design plan as shown to affected neighborhoods, however. Commissioner Marcus responded that the board's intent had been not to center in the existing right-of-way but to reduce the right-of-way to allow for vegetation and buffering on each side. That has been done, she said. Ms. Marcus added that The Sanctuary had asked for additional turn lanes and that these had been provided.

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

2.D.3. ORDINANCE 2000-048

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TRANSPORTATION ELEMENT TO MODIFY THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) TO ADD A SEGMENT OF 13TH STREET FROM OLD DIXIE HIGHWAY TO AUSTRALIAN AVENUE. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Transportation Element and TIM. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

Commissioner Marcus initiated a brief discussion on the county's response to the City of Riviera Beach possibly moving 13th Street.

PUBLIC COMMENT: None

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

2.D.4. ORDINANCE 2000-049

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TRANSPORTATION ELEMENT TO MODIFY THE THOROUGHFARE RIGHT-OF-WAY IDENTIFICATION MAP (TIM) TO: (1) DELETE PALMETTO PARK ROAD FROM CORAL RIDGE DRIVE EXTENSION TO UNIVERSITY DRIVE AND ADD A CORAL RIDGE DRIVE/UNIVERSITY DRIVE CONNECTOR; AND (2) ADD KIMBERLY BOULEVARD FROM STATE ROAD 7 (U.S. 441) TO LYONS ROAD. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Transportation Element and TIM. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

2.E. GENERAL TEXT AND MAP SERIES AMENDMENT - Which did receive objection/comment from DCA

2.E.1. ORDINANCE 2000-050

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO ESTABLISH A LAKE OKEECHOBEE SCENIC TRAIL OVERLAY; MODIFYING THE FUTURE LAND USE ATLAS (FLUA) FOR THE OVERLAY, INCLUDING PAGES 119, 128, 131, AND 132 OF THE FLUA, TO ADD THE BOUNDARIES OF THE OVERLAY LOCATED BETWEEN THE HERBERT HOOVER DIKE AND 250 FEET SOUTH OF U.S. 27, OR BETWEEN THE HERBERT HOOVER DIKE AND 250 FEET EAST OF CONNERS HIGHWAY; AND AMENDING THE MAP SERIES TO ADD THE OVERLAY TO THE SPECIAL PLANNING AREAS MAP. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Future Land Use Element, Future Land Use Atlas, and Map Series pursuant to the Lake Okeechobee Scenic Trail Overlay as recommended by staff. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

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

2.F. GENERAL TEXT AND MAP SERIES AMENDMENT - Which did not receive objection/comment from DCA

2.F.1. ORDINANCE 2000-051

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE INTRODUCTION AND ADMINISTRATION ELEMENT TO REVISE THE DEFINITION FOR USABLE OPEN SPACE AND AMENDING THE FUTURE LAND USE ELEMENT TO REVISE FOR CONSISTENCY WITH THE DEFINITION OF USABLE OPEN SPACE. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Introduction and Administration Element and the Future Land Use Element pursuant to the Usable Open Space amendment as recommended by staff. Motion by Commissioner McCarty, seconded by Commissioner Greene, and carried 5-0. Commissioners Aaronson and Roberts absent.

2.F.2. ORDINANCE 2000-052

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO ADD LANGUAGE REGARDING INTERCONNECTIVITY; BY AMENDING THE TRANSPORTATION ELEMENT TO ADD LANGUAGE REGARDING INTERCONNECTIVITY; AND BY AMENDING THE INTRODUCTION AND ADMINISTRATION ELEMENT TO ADD A DEFINITION FOR STUB STREET. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt the ordinance amending the Transportation Element, Introduction and Administration Element, and Future Land Use Element pursuant to the interconnectivity amendment as recommended by staff. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

County Engineer George T. Webb said that staff was looking for direction on interconnectivity. In zoning, when staff suggests that certain projects have interconnective roads, property owners complain to the board against such roads, saying they do not want them. A lot of staff time and energy is spent in trying to implement what the board directs in the planning process, but that is not followed through in the zoning process, he said.

Commissioner McCarty remarked that, philosophically, there is a desire to link neighborhoods, to not wall off communities, and to minimize traffic on main streets by moving traffic internally. Neighborhood plans--West Boynton Area Community Plan in particular--have embraced that concept. When philosophy meets reality, however, people who move into these communities want walls, security, and exclusivity. It was a difficult problem, she said, because every time the county widens a road, communities want walls built for them as well. A community which builds its own wall with its own money is another matter.

Commissioner Masilotti said that despite the expenditure of staff time, projects needed to be considered individually, each on its own merits. He recognized that two out of three such projects that come before the board are probably reconsidered. He said that in the Acreage, three out of four roads do not cross streets but stop at canals. He cited the case of neighbors who live 60 feet from each other, whose children have to bicycle two and a half miles to get to each other's house. That is extremely poor planning, he said, or lack of planning. Mr. Masilotti said he would support additional staff, if needed.

Commissioner Marcus agreed and suggested that the board authorize staff today to remind them when these different zoning petitions come in that this is something staff said they wanted do because ultimately it will benefit the main highway system. This process was just being gone through with the City of Palm Beach Gardens. The county was going to be facing "overcongestion," she said.

PUBLIC COMMENT: None

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

2.F.3. ORDINANCE 2000-053

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO REVISE DENSITY PROVISIONS AND INTENSITY PROVISIONS AND TO CORRECT ERRORS; AND AMENDING THE INTRODUCTION AND ADMINISTRATION ELEMENT TO DELETE REDUNDANT TEXT AND TO ADD A DEFINITION FOR CONTIGUOUS LOTS. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Future Land Use Element. Motion by Commissioner Masilotti and seconded by Commissioner Greene.

PUBLIC COMMENT: None

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

2.F.4. ORDINANCE 2000-054

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE UTILITY ELEMENT TO REVISE POTABLE WATER AND WASTEWATER LEVELS OF SERVICE. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

Planning Director Duke told the board that a staff report replacement page (E-1) had been included in the handout of additional backup materials. This was due to correction of scrivener's errors.

MOTION to adopt an ordinance amending the Utility Element. Motion by Commissioner Masilotti and seconded by Commissioner McCarty.

PUBLIC COMMENT: None

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

2.F.5. ORDINANCE 2000-055

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE MAP SERIES TO REVISE THE SPECIAL PLANNING AREAS MAP TO MODIFY THE PALM BEACH INTERNATIONAL AIRPORT (PBIA) OVERLAY DISTRICT BOUNDARY MAP AND TO DELETE AND RELOCATE THE POTABLE WATER SERVICE AREA MAP AND SANITARY SEWER SERVICE AREA MAP TO THE UTILITY SUPPORT DOCUMENT; AND AMENDING THE FUTURE LAND USE ATLAS TO MODIFY THE PBIA OVERLAY DISTRICT BOUNDARY. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the Map Series. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

2.G. COUNTY-INITIATED SITE SPECIFIC AMENDMENTS - Which did not receive objection/comment from DCA

2.G.1. ORDINANCE 2000-056

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR COUNTY-INITIATED AMENDMENT: 2000-14 RR (EXURBAN TIER FLUA REVISIONS), MODIFYING PAGES 14, 15, AND 20 OF THE FLUA BY CHANGING PARCELS OF LAND TOTALING APPROXIMATELY 2,000 ACRES LOCATED IN PALM BEACH COUNTRY ESTATES SUBDIVISION (NORTHERN PALM BEACH COUNTY) FROM RURAL RESIDENTIAL, 1 UNIT PER 10 ACRES (RR-10) TO RURAL RESIDENTIAL 1 UNIT PER 2.5 ACRES (RR-2.5); AND MODIFYING PAGES 17, 22, 27, 28, 33, 34, 35, 40, 41, 42, 47, 48, 49, AND 53 OF THE FLUA BY CHANGING PARCELS OF LAND TOTALING APPROXIMATELY 21,100 ACRES LOCATED IN THE ACREAGE SUBDIVISION (CENTRAL WESTERN PALM BEACH COUNTY) FROM RR-10 TO RR-2.5. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the FLUA for the Exurban Tier FLUA Revisions amendment as recommended by staff. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

2.G.2. ORDINANCE 2000-057

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR COUNTY-INITIATED AMENDMENT: 2000-35 RR 2 (WESTERN NORTHLAKE CORRIDOR STUDY AREA-WNCSA), MODIFYING PAGE 35 OF THE FLUA BY CHANGING PARCELS OF LAND TOTALING APPROXIMATELY 329 ACRES LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY 3.5 MILES WEST OF BEELINE HIGHWAY, FROM RURAL RESIDENTIAL, 1 UNIT PER 10 ACRES (RR-10) TO RURAL RESIDENTIAL, 1 UNIT PER 5 ACRES (RR-5). (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the FLUA for the WNCSA Rural Tier FLUA Revisions amendment as recommended by staff. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

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2.G.3. ORDINANCE 2000-058

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR COUNTY-INITIATED AMENDMENTS: (1) 2000-88 NOTE 1 (AGR NOTE 1), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 299.30 ACRES LOCATED 1.5 MILES NORTHWEST OF STATE ROAD 7 (U.S. 441) AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; (2) 2000-88 NOTE 2 (AGR NOTE 2), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 18.22 ACRES LOCATED 1 MILE NORTHWEST OF STATE ROAD 7 AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; (3) 2000-88 NOTE 3 (AGR NOTE 3), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 78.33 ACRES LOCATED 0.75 MILE WEST OF STATE ROAD 7 AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; (4) 2000-88 NOTE 4 (AGR NOTE 4), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 2.50 ACRES LOCATED 0.75 MILE NORTHWEST OF STATE ROAD 7 AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; (5) 2000-88 NOTE 5 (AGR NOTE 5), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 30.40 ACRES LOCATED 0.75 MILE NORTHWEST OF STATE ROAD 7 AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; (6) 2000-89 NOTE 1 (AGR NOTE 6), MODIFYING PAGE 89 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 18.91 ACRES LOCATED 0.75 MILE SOUTHWEST OF THE FLORIDA TURNPIKE AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; (7) 2000-97 NOTE 1 (AGR NOTE 7), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 6.08 ACRES LOCATED 1 MILE NORTHWEST OF STATE ROAD 7 AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA; AND (8) 2000-97 NOTE 2 (AGR NOTE 8), MODIFYING PAGE 88 OF THE FLUA BY NOTING A PARCEL OF LAND APPROXIMATELY 5.74 ACRES LOCATED 1 MILE NORTHWEST OF STATE ROAD 7 AND STATE ROAD 804, AS AGRICULTURAL PRESERVE AREA. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the FLUA for the Agricultural Reserve Properties amendment as recommended by staff. Motion by Commissioner McCarty and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

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

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2.G.4. ORDINANCE 2000-059

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR COUNTY-INITIATED AMENDMENTS TO REMOVE NON-UTILIZED LAND USE DESIGNATIONS: (1) 2000-56 COM 1 (WATERFORD CROSSING MUPD [MULTIPLE USE PLANNED DEVELOPMENT]), MODIFYING PAGE 56 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 7.47 ACRES LOCATED ON THE SOUTHWEST CORNER OF OKEECHOBEE BOULEVARD AND JOG ROAD FROM COMMERCIAL HIGH WITH AN UNDERLYING INDUSTRIAL LAND USE DESIGNATION (CH/IND) TO COMMERCIAL HIGH (CH); (2) 2000-56 COM 2 (PALM BEACH ACURA), MODIFYING PAGE 56 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 10.44 ACRES LOCATED ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD AND APPROXIMATELY 530 FEET WEST OF JOG ROAD FROM CH/IND TO CH; (3) 2000-64 CHX 1 (BRIGHTON SUMMIT), MODIFYING PAGE 64 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 12.31 ACRES LOCATED ON THE NORTH SIDE OF SUMMIT BOULEVARD AND APPROXIMATELY 850 FEET EAST OF MILITARY TRAIL FROM COMMERCIAL WITH AN UNDERLYING 8 UNITS PER ACRE (C/8) WITH CROSS-HATCHING TO HIGH RESIDENTIAL, 8 UNITS PER ACRE (HR-8); (4) 2000-94 COM 1 (HUNTERS COURT), MODIFYING PAGE 94 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 11.52 ACRES LOCATED ON THE NORTH SIDE OF COCONUT LANE AND APPROXIMATELY 65 FEET EAST OF MILITARY TRAIL FROM COMMERCIAL WITH AN UNDERLYING 5 UNITS PER ACRE (C/5) TO MEDIUM RESIDENTIAL, 5 UNITS PER ACRE (MR-5); AND (5) 2000-99 RES 1 (ENCLAVE PUD [PLANNED UNIT DEVELOPMENT]), MODIFYING PAGE 99 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 20.25 ACRES LOCATED ON THE SOUTH SIDE OF ATLANTIC AVENUE EAST OF THE LAKE WORTH DRAINAGE DISTRICT E-3 CANAL AND APPROXIMATELY 2,000 FEET WEST OF MILITARY TRAIL FROM INSTITUTIONAL WITH AN UNDERLYING 12 UNITS PER ACRE (INST/12) TO HIGH RESIDENTIAL, 12 UNITS PER ACRE (HR-12) ON 18.76 ACRES (PARCEL A) AND FROM COMMERCIAL HIGH WITH AN UNDERLYING 5 UNITS PER ACRE (CH/5) TO MR-5 ON 1.48 ACRES (PARCEL B). (AMENDS ORDINANCE 89-17) (P.O. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the FLUA for the Non-Utilized Removal amendment as recommended by staff. Motion by Commissioner McCarty and seconded by Commissioner Marcus.

PUBLIC COMMENT: None

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

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2.H. COUNTY-INITIATED CORRECTIVE SITE SPECIFIC AMENDMENTS - Which did not receive objection/comment from DCA

2.H.1. 2000-57 CHX 1 - Kelly Tractor

2.H.2. 2000-58 RES 1 - Marine Drive

2.H.3. 2000-82 RES 1 - Brynteson Nursery PUD

2.H.4. 2000-99 RES 2 - Heritage Park PUD

2.H.5. 2000-29 RES 1 - Claartje 2

2.H.6. 2000-119 RES 1 - Canal Point

ORDINANCE 2000-060

ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ATLAS (FLUA) FOR COUNTY-INITIATIVE CORRECTIVE AMENDMENTS: (1) 2000-29 RES 1 (CLAARTJE 2), MODIFYING PAGE 29 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 11.45 ACRES ON THE NORTHWEST CORNER OF NORTHLAKE BOULEVARD AND MEMORIAL PARK ROAD FROM RURAL RESIDENTIAL, 1 UNIT PER 10 ACRES (RR-10) TO LOW RESIDENTIAL, 1 UNIT PER ACRE (LR-1); (2) 2000-57 CHX 1 (KELLY TRACTOR), MODIFYING PAGE 57 OF THE FLUA BY REMOVING CROSS-HATCHING FROM APPROXIMATELY 5.62 ACRES ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD, APPROXIMATELY 0.25 MILE WEST OF HAVERHILL ROAD; (3) 2000-58 RES 1 (MARINE DRIVE), MODIFYING PAGE 58 OF THE FLUA BY CHANGING PARCELS OF LAND TOTALING APPROXIMATELY 4.93 ACRES ON THE NORTH AND WEST SIDES OF MARINE DRIVE APPROXIMATELY 0.40 MILE WEST OF CONGRESS AVENUE AND 0.20 MILE NORTH OF BELVEDERE ROAD FROM LOW RESIDENTIAL, 2 UNITS PER ACRE (LR-2) TO HIGH RESIDENTIAL, 8 UNITS PER ACRE (HR-8); (4) 2000-82 RES 1 (BRYNTESON NURSERY PUD [PLANNED UNIT DEVELOPMENT]), MODIFYING PAGE 82 OF THE FLUA BY CHANGING PARCELS OF LAND TOTALING APPROXIMATELY 8.86 ACRES ON THE SOUTH SIDE OF LANTANA ROAD APPROXIMATELY 0.50 MILE WEST OF MILITARY TRAIL FROM LOW RESIDENTIAL, 3 UNITS PER ACRE (LR-3) TO MEDIUM RESIDENTIAL, 5 UNITS PER ACRE (MR-5); (5) 2000-99 RES 2 (HERITAGE PARK PUD), MODIFYING PAGE 99 OF THE FLUA BY CHANGING A PARCEL OF LAND APPROXIMATELY 8.95 ACRES LOCATED ON THE WEST SIDE OF VIA FLORA ROAD EAST OF EL CLAIR RANCH ROAD, APPROXIMATELY 0.20 MILE NORTH OF ATLANTIC AVENUE, FROM MR-5 TO HIGH RESIDENTIAL, 12 UNITS PER ACRE (HR-12); AND (6) 2000-119 RES 1 (CANAL POINT), MODIFYING PAGE 119 OF THE FLUA BY CHANGING PARCELS OF LAND TOTALING APPROXIMATELY 50.51 ACRES ON THE EAST SIDE OF STATE ROAD 7 (U.S.441)/CONNERS HIGHWAY EXTENDING APPROXIMATELY 2 MILES NORTH OF CANAL POINT FROM AGRICULTURAL PRODUCTION (AP) TO LR-1. (AMENDS ORDINANCE 89-17) (P.O.P. 755532) ADOPTED 12-6-2000

MOTION to adopt an ordinance amending the FLUA pursuant to Agenda Items 2.H.1. through 2.H.6. Motion by Commissioner McCarty and seconded by Commissioner Masilotti.

PUBLIC COMMENT: None

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

3. CLOSE PUBLIC HEARING

(CLERK'S NOTE: An unscheduled item concerning truck rental operations at automotive service stations was discussed at this time. See page 13.)

4. ADMINISTRATIVE INQUIRY 2000-08

ADMINISTRATIVE INQUIRY CONCERNING SEMINOLE IMPROVEMENT DISTRICT'S WISH TO CONSTRUCT A STORAGE RESERVOIR AND PUMP SYSTEM ON PORTIONS OF ITS PROPERTY AND OF CALLERY-JUDGE GROVE PROPERTY AT APPROXIMATELY 325 FEET NORTH OF SYCAMORE DRIVE AND APPROXIMATELY 270 FEET EAST OF CHEETHAM HILL BOULEVARD. THE PROPERTY IS ZONED AR-AGRICULTURAL RESIDENTIAL. DISCUSSED WITH DIRECTION 12-6-2000

Zoning Director Whiteford apologized for adding this item to the agenda but said that it needed immediate board attention because it might affect some developments in the western communities. He then explained to Commissioner McCarty why the item was an add-on and not brought to the board's attention earlier. Commissioner McCarty said the item should have been brought forward in a more timely manner. Commissioner Greene agreed.

Kieran J. Kilday, agent, explained that Seminole Improvement District wanted to install the proposed water storage tank to service a school being constructed by the School District, Lion Country Safari with the closure of its existing plant, and a shopping center contracting for water with the Indian Trail Improvement District. Mr. Kilday then made his presentation to the board and answered questions from the board.

Matt Roberts, district manager of Seminole Improvement District, answered questions of the board.

Bill Malone, chief of facilities for the School District, addressed the board on the cost savings to be realized over the life of the forthcoming school by having the district provide water and sewer.

STAFF WAS DIRECTED TO:

Invite Seminole Improvement District, Indian Trail Improvement District, and other utilities to a workshop on water and sewer;

Include the Water Utilities Department in future discussions about water and sewer in the area when the Seminole Improvement District or Indian Trail Improvement District is affected; and

Develop a policy to interpret the application of development orders as they apply to schools and government uses.

5. ADJOURNMENT

The Chair declared the meeting adjourned at 12:25 p.m.

ATTESTED: APPROVED:

Clerk Chair

 

 

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