Zoning Minutes

MEETING: BOARD OF COUNTY COMMISSIONERS, ZONING MATTERS

CALL TO ORDER: Board of County Commissioners sitting for the purpose of exercising zoning powers, Zoning Meeting of January 6, 2000, at 9:34 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.

1.A. ROLL CALL

MEMBERS AND OFFICERS PRESENT:

Chair Maude Ford Lee
Vice-Chair Warren H. Newell
Commissioner Burt Aaronson
Commissioner Mary McCarty - Absent
Commissioner Karen T. Marcus - Arrived later
Commissioner Tony Masilotti
Commissioner Carol A. Roberts
Assistant County Attorney Barbara Alterman
Deputy Clerk Joan Haverly

1.B.1. PRAYER - Commissioner Lee

1.B.2. PLEDGE OF ALLEGIANCE

1.C. REMARKS OF THE CHAIR

The Board of County Commissioners has convened to consider the following applications for Future Land Use Map Amendments, Official Zoning Map Amendments, Conditional Uses, Planned Developments, Development Order Amendments, Waiver Requests, Status Reports for Compliance with Time Limitations and Conditions of Approval, and the recommendations of the Land Use Advisory Board and Zoning Commission pursuant to Chapter 163, Florida Statutes; Chapter 125, Florida Statutes; the Palm Beach County Comprehensive Plan; the Palm Beach County Unified Land Development Code; and other authority vested in the Board. This meeting is being held on January 6, 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 1-6-2000

MOTION to receive and file Proofs of Publication 637454, 637470, 638346, and 638366. Motion by Commissioner Aaronson, seconded by Commissioner Newell, and carried 5-0. Commissioners McCarty and Marcus absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 605851 [10-28-99], and 595175 and 605811 [12-2-99]. These public hearings were continued to today's meetings.)

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

1.F. ADOPTION OF AGENDA

MOTION to adopt the Agenda. Motion by Commissioner Newell, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Marcus absent.

1.F.1. AMENDMENTS TO AGENDA

No reference was made to the Amendments to Agenda at this time.

Page Item Petition/Change

5 3.C.5. DOA77-129(A) - Amendment

1.G. DISCLOSURE

Commissioner Lee announced that disclosure would be given at the individual items.

I.H. UNSCHEDULED ITEMS - None

POSTPONEMENTS AND WITHDRAWALS - See Pages 2-4.
CONSENT AGENDA - See Pages 3-27.

Item Pulled from Consent Agenda:

� 3.E.12. - See Pages 27-28.

4. REGULAR AGENDA - See Pages 27-64.

5. DIRECTOR COMMENTS

� ZONING DIRECTOR COMMENTS - None

� PLANNING DIRECTOR COMMENTS - None

6. COMMISSION COMMENTS - None

7 ADJOURNMENT - See Page 64.

*****

2. POSTPONEMENTS AND WITHDRAWALS

2.A. POSTPONEMENTS

2.A.1. PETITION 99-65

PETITION PDD99-65 (JOG PINES CLF PUD) OF H. C. SUMMERS (ESTATE), BY BRADLEY D. MILLER, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FOR A REZONING FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT WITH A TYPE III CONGREGATE LIVING FACILITY (CLF) AS A REQUESTED USE FOR THE 5.3-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE SOUTH OF BOYNTON BEACH BOULEVARD ON THE WEST SIDE OF JOG ROAD. (P.O.P. 637470) POSTPONED TO JANUARY 27, 2000 -- 1-6-2000

Staff Recommendation: Postponement until January 27, 2000. Postponement by right. No motion required.

2.A.2. PETITION 82-2

PETITION DOA82-2(B) (BISHOP PROPERTY) OF WCI COMMUNITIES LTD., BY ROBERT HIGGINS, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE AND EXPAND EXCAVATION AREA OF A TYPE IIIB EXCAVATION ON THE 413.1-ACRE PROPERTY LOCATED APPROXIMATELY 5.8 MILES WEST OF STATE ROAD 7 (U.S. 441) AND 0.25 MILE SOUTH OF LOX ROAD. (P.O.P. 637454 AND 637470) POSTPONED TO JANUARY 27, 2000 -- 1-6-2000

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

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

3. CONSENT AGENDA

3.A. REQUESTS TO PULL ITEMS FROM CONSENT

3.B. WARRANT LIST - None

3.C. ZONING PETITIONS

3.C.3. RESOLUTION R-2000-0001

RESOLUTION FOR PETITION EAC75-11(A) (ETERNAL LIGHT MEMORIAL GARDENS) OF THE BOARD OF COUNTY COMMISSIONERS, BY JOHN WISNESKI AND HELEN LAVALLEY, AGENTS, FOR A DEVELOPMENT ORDER AMENDMENT/EXPEDITED APPLICATION CONSIDERATION (EAC) TO DELETE CONDITION 1 OF RESOLUTION R-75-89 FOR THE 48.82-ACRE PROPERTY LOCATED APPROXIMATELY 1.5 MILES SOUTH OF BOYNTON BEACH BOULEVARD ON THE EAST SIDE OF STATE ROAD 7 (U.S. 441). (AMENDS R-75-89) (P.O.P. 638366) ADOPTED WITH CONDITIONS 1-6-2000

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

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolution R-75-89, Petition 75-11, have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated November 16, 1994, Exhibit 22. 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. Developer shall obtain a water resources permit from Central and South Florida Flood Control District. (Previously condition No. 4 of Resolution R-75-89, Petition 75-11)

2. Developer shall limit the pumping capacity to 15,000 GPM, with standby capability provided by a second discharge pump of equivalent capacity. (Both pumps will not be run simultaneously). (Previously condition No. 6 of Resolution R-75-89, Petition 75-11)

3. Developer shall establish the finished ground level in concrete vault areas at an elevation no less than 22.0 feet m.s.l. and set vault bottoms no lower than elevation 17.0 feet m.s.l. (Previously condition No. 7 of Resolution R-75-89, Petition 75-11)

4. Developer shall provide a gravity drainage culvert with flapgate for use during times when favorable water surface gradients exist and discharge pump operation is not necessary to maintain optimum groundwater levels. (Previously condition No. 8 of Resolution R-75-89, Petition 75-11)

E. ENGINEERING

1. Condition No. 1 of Resolution R-75-89, Petition 75-11 which currently states:

Developer shall dedicate to Palm Beach County, forty (40) feet of right-of-way from the centerline of the road running adjacent to the east property line and forty (40) feet for Lee Road.

Is hereby deleted.

2. Developer shall dedicate to Lake Worth Drainage District the required right-of-way for Lateral #27. (Previously condition No. 2 of Resolution R-75-89, Petition 75-11)

3. Developer shall construct a left turn lane on the north approach and a right turn lane on the south approach of State Road No. 7 and project's entrance, if warranted. (Previously condition No. 3 of Resolution R-75-89, Petition 75-11)

4. Developer shall file a plat in accordance with the Subdivision and Platting Ordinance No. 73-4. (Previously condition No. 5 of Resolution R-75-89, Petition 75-11)

F. COMPLIANCE

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

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

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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Staff may be directed by the Executive Director of PZ&B or a majority vote of the Code Enforcement Board to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.

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

3.C.4. RESOLUTION R-2000-0002

RESOLUTION FOR PETITION PDD99-59 (LE RIVAGE PUD) OF SCHMIER AND FEURRING PROPERTIES, INC., BY MARVIN SANDERS, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FOR A REZONING FROM AGR-AGRICULTURAL RESERVE TO AGR-PUD-AGRICULTURAL RESERVE PLANNED UNIT DEVELOPMENT ON THE 40.7-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLINT MOORE ROAD AND LYONS ROAD. (P.O.P. 637454 AND 637470) ADOPTED WITH CONDITIONS 1-6-2000

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

A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated October 28, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. LANDSCAPE - ALTERNATIVE LANDSCAPE PLAN

1. Prior to final Development Review Committee certification, the petitioner shall submit an Alternative Landscape Plan in accordance with regulating plan dated October 28, 1999. (DRC:LANDSCAPE-Zoning)

C. PLANNED UNIT DEVELOPMENTS

1. 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. (PLAT: ENG - Co Att)

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

There are no conditions for D.

E. ENGINEERING

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

a. Lyons Road, 55 feet from centerline

b. Clint Moore Road, 121 feet north of the existing south right of way line,

c. an expanded intersection, 60.5 feet from centerline for Lyons Road plus the appropriate taper

All right of way shall be conveyed prior to June 1, 2000 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. The dedication of right-of-way along Lyons Road shall be in accordance with the criteria set forth in the Stipulation for order of Taking dated October 4, 1999 between Palm Beach County and Charles and Helga Marqusee, entered into in the eminent domain case. 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)

2. Prior to June 1, 2000 the property owner shall convey a temporary roadway construction easement along Lyons Road to Palm Beach County. The dedication of right-of-way along Lyons Road shall be in accordance with the criteria set forth in the Stipulation for Order of Taking dated October 4, 1999 between Palm Beach County and Charles and Helga Marqusee, entered into in the eminent domain case. 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. (DATE:MONITORING-Eng)

3. 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 Clint Moore Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. The drainage system within the project shall have sufficient retention/detention and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (DATE:MONITORING-Eng)

4. LANDSCAPE WITHIN MEDIAN OF COUNTY MAINTAINED ROADWAYS

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 Clint Moore Road right-of-way and shall comply with all permit requirements, including but not limited to indemnifying Palm Beach County . When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the latest revision to the Palm Beach County Engineering and Public Works Department Streetscape Standards. The property owner shall also be responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT:MONITORING - Eng.)

b. The property owner shall be responsible for planting the required landscape material if the property owners Land Development Permit has not been released prior to the letting of the contract for the widening of Clint Moore Road. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All landscape material shall be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Associate and/or Homeowners's Association, or maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed within 90 days of receipt of notice to the property owner by the County Engineer that the Clint Moore Road widening has been completed. Should the construction for the widening of Clint Moore Road not commence prior to the project's Land Development Permit being acknowledged as complete then the property owner shall be relieved of this obligation. (ENGINEERING)

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

"CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF LYONS ROAD AND CLINT MOORE ROAD

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to provide cutouts within the concrete median of Clint Moore Road and Lyons 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 and Paver Block Installation Agreement, including appropriate Maintenance, Removal, and Indemnification agreements. When landscape plantings and the installation of paver blocks are permitted by the Florida Department of Transportation, the landscape material within the concrete cutouts shall be consistent with the landscaping theme approved by Palm Beach County for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Palm Beach County Streetscape Standards. Alternative species and paver block material other than those listed in the County standards may be allowed subject to approval by the Florida Department of Transportation. (BLDG PERMIT:MONITORING - Eng.)

b. The property owner shall be responsible for planting the required landscape material if the property owners Land Development Permit has not been released prior to the letting of the contract for the widening of Clint Moore Road. All required median landscaping, including an irrigation system, the cost of cutting out the concrete median and the installation of all landscape material, paver block or similar materials shall be funded 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. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation to the cut out area. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation to the cut out areas. All landscape material shall be installed within 90 days of receipt of notice to the property owner by the County Engineer that the Clint Moore Road widening has been completed. Should the construction for the widening of Clint Moore Road not commence prior to the project's Land Development Permit being acknowledged as complete then the property owner shall be relieved of this obligation. (ONGOING:ENGINEERING)

6. Prior to Technical Compliance approval, the Planning Division shall approve the lot layout and configuration of the plat and review all applicable documents as referenced in Conditions F.1.-F.5. (PLAT:ENGINEERING-PLANNING)

F. PLANNING

1. Prior to the recordation of the first plat, the Planning Division shall review and approve the plat, its final calculations, and related documents. In order to determine compliance, the petitioner shall provide a sketch of survey with lot dimensions of each buildable lot including acreages, the lot dimensions of each preservation area including the total area/acreage of all combined preservation areas, and the acreages of all canal and road easements and internal street right-of-ways including the length and widths of all road/canal easements and internal street right-of-ways.

Planning staff shall determine if the results of this survey conform with the calculations on the site plan/preliminary development plan dated October 28, 1999 and survey dated July 21, 1999 and the development requirements for an 80/20 PUD. (PLAT:PLANNING)

2. Prior to the recordation of the first plat, the Planning Division shall review and approve the plat, its final calculations, and related documents. In order to determine compliance, the final subdivision plan shall include lot dimensions for each individual preservation area lot and for each individual lot of the eighteen (18) approved buildable lots. (PLAT: PLANNING)

3. Prior to the recordation of the first plat, the petitioner shall record a conservation easement for all the preservation areas on the site in conformance with the acreage totals and lot dimensions shown on a revised survey and preliminary development plan/site plan. The conservation easement shall be in a form acceptable to the County Attorney. (PLAT:PLANNING-COUNTY ATTORNEY)

4. Prior to the recordation of the first plat, the petitioner shall record a maintenance agreement with Palm Beach County ensuring the continual maintenance of the preservation areas. The maintenance agreement shall be in a form acceptable to the County Attorney. (PLAT:PLANNING-COUNTY ATTORNEY/CODE ENFORCEMENT)

5. Prior to the recordation of the first plat, the petitioner shall record a covenant, or an agreement with Palm Beach County in a form acceptable to the County Attorney indicating that the water preserve areas shown on the preliminary development plan/site plan will be connected to or be interconnected with any integrated water management system developed for the Agricultural Reserve. (PLAT:PLANNING-COUNTY ATTORNEY)

6. The PUD shall be limited to a maximum of eighteen (18) single family units. 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 (22) shall not be utilized either within the boundary of the LeRivage PUD site as identified in Petition Number PDD 99-59 or within other areas of the County. (DRC: PLANNING)

7. Prior to final Master Plan certification by the Development Review Committee (DRC), the developer shall add a notation to the "Statistics" notes depicted on the 80/20 PUD Preliminary Development Plan to indicate the following:

The preservation area approved as part of Petition 99-59 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) wetlands or other water preserve areas;

uplands including gazebo and pathway with pedestrian lighting as depicted on the Preliminary Development Plan;

bona fide agricultural uses per the ULDC;

entry features, walls, lighting, and planting at or near the project entrance on Clint Moore Road and perimeter walls/fences in buffers; and

f) other uses as may be permitted within the preservation area of an Agr-PDD consistent with the Comprehensive Plan and the Unified Land Development Code;

8. In order to ensure agricultural preservation on the preservation parcels, no fences or other structures will be allowed within the preservation parcels unless they can be justified as being bona fide agricultural in purpose with the exception of perimeter walls located within the perimeter landscape buffers and the entry wall features/lighting located at or near the project entrance on Clint Moore Road. (DRC/ONGOING: PLANNING-BUILDING-CODE ENFORCEMENT)

G. SCHOOL

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

Notice to Home Buyers/Tenants

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

2. Since this is to be a gated community, the bus stop/pull off area must be provided before the gates of either of the two entrances. A detail drawing of the bus stop/pull off area must be provided so that the School District can adequately review for compliance with School District's standards. (ONGOING: SCHOOL BOARD)

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.

3.C.5. RESOLUTION R-2000-0003

RESOLUTION FOR PETITION DOA77-129(A) (ALBERTSON'S LAKE WORTH/MILITARY) OF ALBERTSON'S, BY SARA LOCKHART, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE SITE PLAN, ADD BUILDING SQUARE FOOTAGE, AND DELETE CONDITION 4 OF RESOLUTION R-77-1188 FOR THE 5.9-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF LAKE WORTH ROAD AND MILITARY TRAIL. (AMENDS R-77-1188 AND R-79-908) (P.O.P. 637454 AND 637470) ADOPTED WITH CONDITIONS AS AMENDED 1-6-2000

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

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R-79-908 (Petition 79-120), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated October 28, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. BUILDING AND SITE DESIGN (ALBERTSON'S)

1. Condition 4 of Resolution R-77-1188 of Petition 77-129, which currently states:

Site Plan Exhibit No. 11, shall be adhered to regarding the lighting, parking and 20.2% building coverage limitation.

Is hereby deleted.

2. Shopping corrals shall be installed where possible prior to the issuance of a certificate of occupancy for the expansion. (CO:DRC-Zoning)

3. The existing painted islands shall be replaced with curbed terminal landscape islands pursuant to Exhibit 22 of the Board of Adjustment approval and meeting current landscape requirements. (CO: LANDSCAPE-Zoning)

C. EXISTING LANDSCAPING (ALBERTSON'S)

1. Prior to issuance of a Certificate of Occupancy for the expansion, the petitioner shall replace any existing damaged or dead and missing plant materials pursuant to the approved landscape plan for the entire site (with the exception of the area of the Board of Adjustment approval). The landscape material shall meet the current ULDC requirements at time of installation. (CO:LANDSCAPE - ZONING)

D. SIGNS ALONG LAKE WORTH ROAD (ALBERTSON'S)

1. Freestanding point of purchase signs fronting on Lake Worth Road shall be limited as follows:

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

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

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

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

E. ENGINEERING

1. Within ninety (90) days of the Special Exception approval the Developer shall convey to Palm Beach County an additional ten (10) feet of right-of-way for North Price Street. (Previously Condition 1 of Resolution R-77-1188, Petition 77-129) [note: condition satisfied]

2. Developer shall construct a left turn lane, west approach at the intersection of Lake Worth Road and North Price Street. Developer shall be responsible to coordinate the construction of the turn lane with the construction of Lake Worth Road. (Previously Condition 2 of Resolution R-77-1188, Petition 77-129)

Is hereby deleted [median openings are FDOT regulated]

3. Developers shall reconstruct the median opening and left turn lane, north approach at the intersection of Military Trail and the North entrance road. (Previously Condition 3 of Resolution R-77-1188, Petition 77-129)

4. Within ninety (90) days of the Special Exception approval the Developer shall convey to Palm Beach County an additional five (5) feet for the right-of-way for Military Trail. (Previously Condition 5 of Resolution R-77-1188, Petition 77-129)

Is hereby deleted [superceded by condition E.5]

5. 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 centerline, (an additional sixteen (16) feet)

b. Military Trail 71 feet from centerline (an additional 13 feet of right of way). Conveyance of the additional right of way will require the site plan to be revised to reduce the parking aisles adjacent to the proposed liquor store from 25 feet to 24 feet, and the landscape area on the west side of the proposed liquor store to be reduced from 14.8 feet to 13.8 feet in width.

All right of way shall be conveyed prior to April 1, 2000 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage (less than existing Shoe Store) 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)

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

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

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

7. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Lake Worth Road and Military Trail to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT:MONITORING-Eng)

8. Prior to June 30, 2000, or within thirty (30) days written notice that monies for intersection improvements at Military Trail and Lake Worth Road are required, the property owner shall contribute the amount of $75,000 toward the cost of an expanded intersection at Military Trail and Lake Worth Road. These funds shall then be used for the following intersection improvements:

1. Right turn lane east approach

2. Three (3) lanes, north approach

3. Two (2) left turn lanes, north approach

4. Three (3) thru lanes, north departure

5. A directional left turn lane into the property's north driveway on Military Trail.

Palm Beach County shall make its best efforts to let the project prior to July 1, 2001. (DATE: MONITORING - ENG)

F. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

(CLERK'S NOTE: The Amendments to the Agenda list included modifications to three conditions in Item 3.C.5., namely, Condition E.3, E.5., and E.7. The revised conditions follow. Staff made no mention of the list during the meeting. The first two conditions were referred to by the agent; see Pages 26-27 for discussion and action on the item.)

Revised Condition E.3:

Developers shall reconstruct the median opening and left turn lane, north approach at the intersection of Military Trail and the North entrance road. (Previously Condition 3 of Resolution R-77-1188, Petition 77-129) [NOTE: CONDITION SATISFIED]

Revised Condition E.5.:

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 centerline, (an additional sixteen (16) feet)

b. Military Trail 71 feet from centerline (an additional 13 feet of right of way, as required by the County Engineer). Conveyance of the additional right of way will require the site plan to be revised to reduce the parking aisles adjacent to the proposed liquor store from 25 feet to 24 feet, and the landscape area on the west side of the proposed liquor store to be reduced from 14.8 feet to 13.8 feet in width.

All right of way shall be conveyed prior to April 1, 2000 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage (less ~~than~~ existing Shoe Store) 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)

Revised Condition E.7:

Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Lake Worth Road and Military Trail (less the existing shoe store) to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT:MONITORING-Eng)

(CLERK'S NOTE: The strike-out-and-underline conditions of the final resolution are as follows:)

E.3. Developers shall reconstruct the median opening and left turn lane, north approach at the intersection of Military Trail and the North entrance road. (Previously Condition 3 of Resolution R-77-1188, Petition 77-129) [COMPLETED]

E.5. 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 centerline, (an additional sixteen (16) feet) or as required by the County Engineer

b. Military Trail 71 feet from centerline (an additional 13 feet of right of way, or as required by the County Engineer). Conveyance of the additional right of way will require the site plan to be revised to reduce the parking aisles adjacent to the proposed liquor store from 25 feet to 24 feet, and the landscape area on the west side of the proposed liquor store to be reduced from 14.8 feet to 13.8 feet in width.

All right of way shall be conveyed prior to April 1, 2000 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage (less existing Shoe Store) 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)

E.~~6. 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 Lake Worth Road Right-of-Way. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards. The property owner shall also be responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT:MONITORING - Eng)

E.76.

E.87.

Prior to June 30, 2000, or within thirty (30) days written notice that monies for intersection improvementsat Military Trail and Lake Worth Road are required, the property owner shall contribute the amount of $75,000 toward the cost of an expanded intersection at Military Trail and Lake Worth Road. These funds shall then be used for the following intersection improvements:

1. Right turn lane east approach

2. Three (3) lanes, north approach

3. Two (2) left turn lanes, north approach

4. Three (3) thru lanes, north departure

5. A directional left turn lane into the property's north driveway on Military Trail.

Palm Beach County shall make its best efforts to let the project prior to July 1, 2001. (DATE:MONITORING - ENG)

3.D. RECEIVE AND FILE ZONING COMMISSION DOCUMENTS

3.D.6. PETITION 99-73

RECEIVE AND FILE ZONING COMMISSION DOCUMENT ZR-99-20 FOR PETITION CB99-73 (WAFC TOWER) OF GLADES MEDIA COMPANY, BY RICHARD BOGATIN, AGENT, TO ALLOW A COMMUNICATION TOWER (500 FOOT) ON THE 21.817-ACRE PROPERTY LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 44 SOUTH, RANGE 35 EAST, AND IN THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 44 SOUTH, RANGE 36 EAST. THE PROPERTY IS ZONED AP-AGRICULTURAL PRODUCTION. APPROVED 1-6-2000

Staff Recommendation: Receipt and file of Zoning Commission document ZR-99-20.

3.D.7. PETITION 99-50

RECEIVE AND FILE ZONING COMMISSION DOCUMENT ZR-99-21 FOR PETITION CB99-50 (ENGLERT WHOLESALE NURSERY) OF DAVID ENGLERT AND BRENDA ENGLERT, BY BERIL KRUGER, AGENT, TO CORRECT CONDITION E.1.A.2 OF ZONING COMMISSION DOCUMENT ZR-99-18. THE 80-ACRE PROPERTY IS LOCATED APPROXIMATELY 0.5 MILE WEST OF STATE ROAD 7 (U.S. 441) AND 0.25 MILE SOUTH OF LANTANA ROAD. APPROVED 1-6-2000

Staff Recommendation: Receipt and file of Zoning Commission document ZR-99-21.

3.E. STATUS REPORTS

3.E.8. PETITION 89-53

STATUS REPORT SR89-53.6 FOR RESOLUTIONS R-90-62 AND R-90-63 OF PETITION 89-63 OF LAKE WORTH TURNPIKE ASSOCIATES INC., TO APPROVE A TIME EXTENSION UNTIL JUNE 30, 2001, TO COMMENCE DEVELOPMENT AND FOR CONDITION 2 OF R-90-63. THE 1.0-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF LAKE WORTH ROAD AND THE FLORIDA TURNPIKE AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION FOR A PLANNED COMMERCIAL DEVELOPMENT (PCD) TO INCLUDE AN AUTOMOBILE SERVICE STATION (NO REPAIRS) AND A CAR WASH. APPROVED 1-6-2000

Original Petitioner: Interchange Partners.

Staff Recommendation: Approval of the time extension until June 30, 2001.

3.E.9. PETITION 89-54

STATUS REPORT SR89-54.6 FOR RESOLUTIONS R-90-64 AND R-90-65 OF PETITION 89-54 OF LAKE WORTH TURNPIKE ASSOCIATES INC. TO APPROVE A TIME EXTENSION UNTIL JUNE 30, 2001, TO COMMENCE DEVELOPMENT AND FOR CONDITION 2 OF R-90-65. THE 4.5-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF LAKE WORTH ROAD AND THE FLORIDA TURNPIKE AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION FOR A HOTEL AND AN EXISTING PUBLIC AND PRIVATE UTILITY SERVICE (TELEPHONE EXCHANGE BUILDING AND SUBSTATION). APPROVED 1-6-2000

Original Petitioner: Lake Worth Turnpike Associates.

Staff Recommendation: Approval of the time extension until June 30, 2001.

3.E.10. PETITION 78-253

STATUS REPORT SR78-253A FOR RESOLUTION R-96-1742 FOR PETITION 78-253(A) OF GLADES PIKE EAST, LTD., TO APPROVE A TIME EXTENSION UNTIL OCTOBER 24, 2000, FOR R-96-1742. THE 8.7-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF GLADES ROAD AND THE FLORIDA TURNPIKE AND IS ZONED CG-GENERAL COMMERCIAL WITH A DEVELOPMENT ORDER AMENDMENT FOR AN AUTOMOBILE SERVICE STATION AS A REQUESTED USE. APPROVED 1-6-2000

Original Petitioner: Glades Pike East, Ltd., and Glade Pine Inv., Ltd.

Staff Recommendation: Approval of the time extension until October 24, 2000.

3.E.11. PETITION 84-99

STATUS REPORT SR84-99F FOR RESOLUTION R-95-1467 FOR PETITION 84-99(F) OF MISSION BAY PLAZA ASSOCIATES AND CENTRUM MISSION BAY LTD. TO APPROVE A TIME EXTENSION UNTIL OCTOBER 26, 2000, FOR R-95-1467. THE 24.28-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF GLADES ROAD AND STATE ROAD 7 (U.S. 441) AND IS ZONED CG-GENERAL COMMERCIAL WITH A DEVELOPMENT ORDER TO INCREASE THE SQUARE FEET LIMITATION TO 305,928. APPROVED 1-6-2000

Original Petitioner: Mission Bay Plaza Associates.

Staff Recommendation: Approval of the time extension until October 26, 2000.

3.E.12. See Pages 27-28.

3.E.13. PETITION 87-103

STATUS REPORT SR87-103E FOR RESOLUTION R-97-518 FOR PETITION 87-103(E) OF MILITARY SIX L. C. TO APPROVE A TIME EXTENSION UNTIL JULY 27, 2001, FOR R-97-518. THE 6.16-ACRE PROPERTY IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL APPROXIMATELY 1.0 MILE SOUTH OF GOLF ROAD AND IS ZONED MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH A DEVELOPMENT ORDER AMENDMENT TO REVISE THE SITE PLAN AND ADD SQUARE FOOTAGE. APPROVED 1-6-2000

Original Petitioner: Military 6, Inc.

Staff Recommendation: Approval of the time extension until July 27, 2001.

3.E.14. PETITION 91-30

STATUS REPORT SR91-30.2 FOR RESOLUTION R-91-1186 FOR PETITION 91-30 OF CENTRAL BAPTIST CHURCH OF JUPITER FLORIDA, INC., TO APPROVE A TIME EXTENSION UNTIL NOVEMBER 9, 2001, FOR R-91-1186. THE 4.5-ACRE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF LOXAHATCHEE RIVER ROAD AND ROEBUCK ROAD AND IS ZONED RS-SINGLE-FAMILY RESIDENTIAL WITH A SPECIAL EXCEPTION FOR A CHURCH/SANCTUARY AND ACCESSORY BUILDINGS. APPROVED 1-6-2000

Original Petitioner: Central Baptist Church.

Staff Recommendation: Approval of the time extension until November 9, 2001.

3.E.15. PETITION 91-42

STATUS REPORT SR91-42.4 FOR RESOLUTION R-92-364 FOR PETITION 91-42 OF FAITH UNITED METHODIST CHURCH OF BOYNTON BEACH OF FLORIDA INC. TO APPROVE A TIME EXTENSION UNTIL NOVEMBER 2, 2001, FOR R-92-364. THE 10.17-ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF BOYNTON BEACH BOULEVARD APPROXIMATELY 600 FEET EAST OF JOG ROAD AND IS ZONED AR-AGRICULTURAL RESIDENTIAL WITH A SPECIAL EXCEPTION FOR A CHURCH, ACCESSORY BUILDINGS AND STRUCTURES, AND A DAY CARE CENTER (MAXIMUM OF 60 CHILDREN). APPROVED 1-6-2000

Original Petitioner: Methodist Church Board of Missions and Church Extension, Inc.

Staff Recommendation: Approval of the time extension until November 2, 2001.

3.E.16. PETITION 92-44

STATUS REPORT SR92-44A FOR RESOLUTION R-96-1741 FOR PETITION 92-44(A) OF SUNSHINE WIRELESS COMPANY TO EXEMPT R-96-1741 FROM FURTHER UNIFIED LAND DEVELOPMENT CODE (ULDC) SECTION 5.8 REVIEW. THE 8.96-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF GLADES ROAD AND THE FLORIDA TURNPIKE AND IS ZONED CG-GENERAL COMMERCIAL. APPROVED 1-6-2000.

Original Petitioner: Glades Pike East, Ltd./Glades Pike Inv., Ltd.

Staff Recommendation: Exemption of R-96-1741 from further Section 5.8 review.

3.E.17. PETITION 96-81

STATUS REPORT SR96-81 FOR RESOLUTION R-96-1748 FOR PETITION 96-81 OF INVERSIONES YAMANIC LIMITADA AND TOWNE PARK JOINT VENTURE TO APPROVE A TIME EXTENSION UNTIL OCTOBER 24, 2001, FOR R-96-1748. THE 533.68-ACRE PROPERTY IS LOCATED NORTH AND SOUTH OF HYPOLUXO ROAD BETWEEN STATE ROAD 7 (U.S. 441) AND THE FLORIDA TURNPIKE AND IS ZONED RESIDENTIAL PUD-PLANNED UNIT DEVELOPMENT (VILLAGES OF WINDSOR PUD). APPROVED 1-6-2000

Original Petitioner: Inversiones Yamanic Limitada.

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

3.E.18. PETITION 96-84

STATUS REPORT SR96-84 FOR RESOLUTION R-96-1944 FOR PETITION 96-84 OF CENTEX HOMES TO APPROVE A TIME EXTENSION UNTIL DECEMBER 2, 2000, TO RECORD A PLAT AND UNTIL APRIL 1, 2000, TO COMPLY WITH CONDITIONS F.1 AND F.4 OF R-96-1944. THE 127.774-ACRE PROPERTY IS LOCATED ON THE EAST SIDE OF STATE ROAD 7 (U.S. 441), NORTH OF FOREST HILL BOULEVARD AND IS ZONED PUD-PLANNED UNIT DEVELOPMENT (WELLINGTON GLEN LAKES PUD). APPROVED 1-6-2000

Original Petitioner: Jeffery Rosenberg, Trustee.

Staff Recommendation: Approval of the two time extensions as stated.

3.F. CORRECTIVE RESOLUTIONS

3.F.19. RESOLUTION R-2000-0004

RESOLUTION FOR PETITION 80-212(H) (PIPERS GLEN COMMERCIAL) OF PIPERS GLEN LIMITED PARTNERSHIP, TO CORRECT CONDITION H.1.A OF RESOLUTION R-99-20071. THE 5.14-ACRE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF PIPERS GLEN BOULEVARD AND JOG ROAD. (AMENDS R-99-2071) ADOPTED WITH AMENDED CONDITION 1-6-2000

Staff Recommendation: Adoption of a resolution to correct Condition H.1.a of R-99-2071 as follows:

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

a. A minimum ~~twenty-five (25)~~ twenty (20) feet wide landscape buffer with a maximum five (5) feet overlap in the existing fifteen (15) foot utility easement for an overall thirty (30) feet;

b. A minimum two (2) foot undulating berm, measured from the top of the curb;

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

d. One (1) palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet on center 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)

3.F.20. RESOLUTION R-2000-0005

RESOLUTION FOR PETITION 99-40 (NAUTICA SHORES PUD) OF G. L. HOMES OF FLORIDA II CORPORATION, TO CORRECT CONDITIONS D.2, G.1.B, J.1.B, J.2.B, L.6, AND L.12 OF RESOLUTION R-99-2074. THE 120.0-ACRE PROPERTY IS LOCATED APPROXIMATELY 1,400 FEET SOUTH OF MELALEUCA LANE ON THE WEST SIDE OF HAVERHILL ROAD EXTENSION. (AMENDS R-99-2074) ADOPTED WITH AMENDED CONDITIONS 1-6-2000

Staff Recommendation: Adoption of a resolution to correct Conditions D.2, G.1.b, J.1.b, J.2.b, L.6, and L.12 of R-99-2074 as follows:

Condition D.2:

Landscaping and buffering between the Civic Pod and Pod BA shall be upgraded to include:

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

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

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

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

e. The landscaping materials required above shall be equally distributed on both sides of the barrier if a non-living barrier is installed within the buffer. (CO: LANDSCAPE)

Condition G.1:

Landscaping and buffering along the north and west property lines shall be upgraded to include:

a. A minimum fifteen (15) foot wide landscape buffer strip, no reductions or encroachment of easements shall be permitted;

b. A six (6) foot wall, fence, hedge, or combination with a two (2) foot high berm, providing an opaque barrier at time of installation, will be maintained at a minimum height of six (6) feet. The berm, if used, shall be measured from finished grade. The minimum spacing and height of the shrub and hedge material shall be pursuant to provisions of the ULDC;

c. One (1) canopy tree planted every twenty (20) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the required canopy trees in that location within the buffer;

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

Condition J.1:

Landscaping and buffering along the 1,100 and 212' portions of the southwest property lines shall be upgraded to include:

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

A six (6) foot wall, fence, hedge, or combination with a two (2) foot high berm, providing an opaque barrier at time of installation, will be maintained at a minimum height of six (6) feet. The berm, if used, shall be measured from finished grade. The minimum spacing and height of the shrub and hedge material shall be pursuant to provisions of the ULDC;

c. One (1) canopy tree planted every twenty (20) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the canopy trees in that location within the buffer; and,

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

Condition J.2:

Landscaping and buffering along the 1,485' portion of the southwest property lines shall be upgraded to include:

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

A six (6) foot wall, fence, hedge, or combination with a two (2) foot high berm, providing an opaque barrier at time of installation, will be maintained at a minimum height of six (6) feet. The berm, if used, shall be measured from finished grade. The minimum spacing and height of the shrub and hedge material shall be pursuant to provisions of the ULDC;

c. One (1) canopy tree planted every twenty (20) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a maximum twenty-five (25) percent of the canopy trees in that location within the buffer; and,

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

Condition L.6:

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

Property Development Regulations	Administrative Deviation or Flexible Regulations	Pod A (Village Cluster)	Pod B	Pod C
*Lot Width /Frontage (Pods A ^and C only)	40' minimum	x		x
Building Coverage (Pod B only)	55% maximum		x
*Minimum Lot Size (Pods A ^and C only)	3,600 s.f. minimum	x		x
Front Setback (Pod B^ only)**	22.5' minimum	x	x

* Minimum 60 s.f. porches with railings shall be provided for all units. These porches shall be located at the front of each unit and be accessible from the interior and exterior of the unit.

** Pavers shall be provided for the driveways of all units (DRC/BLDG PERMIT: ZONING/BLDG/GREEN)

Condition L.12:

All zero lot line lots north of the LWDD L-15 Canal, immediately adjacent to the south PUD buffer, within Pod B shall be a minimum of six thousand (6,000) square feet. (DRC/BLDG PERMIT: ZONING)

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

Item 3.C.5.: Sara Lockhart, agent, said she had asked Engineering staff concerning three conditions:

One condition had been satisfied; this was not shown on the staff report. [Condition E.3]

One condition added language that right-of-way dedication was 71 feet from center line of Lake Worth Road. Ms. Lockhart said she thought the dedication was 61 feet from center line of Military Trail or as required by the County Engineer. [Condition E.5.]

One median landscaping condition was going to be deleted.

Engineering Assistant Jim Choban agreed with Ms. Lockhart's comments.

(CLERK'S NOTE: The Amendments to the Agenda list included modifications to three conditions in Item 3.C.5., namely, Condition E.3, E.5., and E.7. They can be seen on Pages 17-18.)

AMENDED MOTION to include approval of the changes requested by Ms. Lockhart. The maker and seconder agreed.

Item 3.E.12.: Don Shepherd, agent, said the petitioners had been notified by mail they would be given a time extension in which to file the plat known as Summer Creek Lake. The plat had been submitted to the Land Development Division in 1991 for approval and went through a first comments letter, second comments letter, and, in March 1992, a follow-up letter. The petitioners wanted to know why the plat had not been approved for recordation and were concerned about both obtaining the extension as well as paying the $450 filing fee. He had copies of the proposed plat in hand, he said.

AMENDED MOTION to pull Item 3.E.12. from the Consent Agenda for discussion. The maker and seconder agreed.

PUBLIC COMMENT: None

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

(CLERK'S NOTE: For continued discussion of Item 3.E.12., see below.)

4. REGULAR AGENDA

4.A. ITEM PULLED FROM CONSENT AGENDA

3.E.12. PETITION 85-89

STATUS REPORT SR85-89.4 FOR RESOLUTIONS R-90-1440 AND R-90-1441 FOR PETITION 85-89(A) OF ROBERT W. MCDONALD, PALM BEACH APARTMENTS, LTD., AND GOLDEN LAKES VILLAGE ASSOCIATION A INC. TO APPROVE A TIME EXTENSION UNTIL OCTOBER 23, 2000, FOR R-90-1440 AND R-90-1441. THE 18.58-ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD, THE NORTH SIDE OF BELVEDERE ROAD, AND ON THE EAST AND WEST SIDES OF GOLDEN LAKES BOULEVARD AND IS ZONED RS-SINGLE-FAMILY RESIDENTIAL WITH A SPECIAL EXCEPTION FOR A PLANNED UNIT DEVELOPMENT (GOLDEN LAKES PUD). POSTPONED TO JANUARY 27, 2000 -- 1-6-2000

(CLERK'S NOTE: For earlier discussion of Item 3.E.12., see above.)

Original Petitioner: William R. Boose III.

Staff Recommendation: Approval of the time extension until October 23, 2000.

Agent Don Shepherd reiterated that the Summer Creek Lake plat has been available for recordation for eight years and that nothing has ever happened through no fault of the petitioners. The petitioners had no objection to recording the plat but did object strenuously to charges being assessed against them, namely, a $450 filing fee for a one-year time extension and a $350 fee for a title search for liens. If a plat is duly recorded, he said, the lien search will take care of itself because it has to appear on the face of the plat.

Assistant County Attorney Alterman commented that a status report fee is charged every time a project applies for a time extension and that a lien search fee is assessed against every project.

Mr. Shepherd told Commissioner Roberts that he was not aware of any liens on the property, that the petitioners have spent money to bring the plat almost to recordable form, that he had no idea why it had not been recorded eight years previously, and that the plat consisted of a lake.

Commissioner Newell suggested that Mr. Shepherd meet with Land Development Director Ken Rogers to discuss the issue.

Mr. Shepherd told Commissioner Roberts that he agreed to a postponement.

MOTION to POSTPONE Item 3.E.12. to January 27, 2000. Motion by Commissioner Roberts, seconded by Commissioner Newell, and carried 6-0. Commissioner McCarty absent.

4.B. PREVIOUSLY POSTPONED SMALL SCALE LAND USE AMENDMENT AND CONCURRENT ZONING PETITION

(CLERK'S NOTE: Items 4.B.21. and 4.B.22. were considered together.)

4.B.21.

a. SMALL SCALE AMENDMENT 32 COM 1

APPLICATION 99-SCA 32 COM 1 (HUMPHRIES 2) OF JOHN HUMPHRIES, BY KEVIN MCGINLEY, AGENT, FOR A SMALL SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM LOW RESIDENTIAL 3 (LR-3) TO COMMERCIAL LOW-OFFICE WITH AN UNDERLYING 3 UNITS PER ACRE (CL-O/3) ON THE 0.34-ACRE PROPERTY LOCATED ON THE EAST SIDE OF STATE ROAD ALTERNATE A1A, 600 FEET NORTH OF RICHARD ROAD. (P.O.P. 605851 OF 10-28-99, AND 638346 OF 1-6-2000) APPROVED 1-6-2000

b. ORDINANCE 2000-001

ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN: ADOPTING SMALL SCALE LAND USE AMENDMENT 99-SCA 32 COM 1 (HUMPHRIES 2); MODIFYING FUTURE LAND USE ATLAS PAGE 32 BY CHANGING A 0.34-ACRE PROPERTY LOCATED ON THE EAST SIDE OF STATE ROAD ALTERNATE AIA, 600 FEET NORTH OF RICHARD ROAD FROM LOW RESIDENTIAL 3 (LR-3) TO COMMERCIAL LOW OFFICE WITH AN UNDERLYING 3 UNITS PER ACRE (CL-O/3). (AMENDS ORDINANCE 89-17) (P.O.P. 605851 OF 10-28-99, AND 638346 OF 1-6-2000) ADOPTED 1-6-2000

Staff Recommendation: Approval of the request.

Local Planning Agency Recommendation: Denial of the request.

4.B.22.

a. RESOLUTION R-2000-0006

RESOLUTION FOR PETITION Z99-22 (HUMPHRIES DENTAL) OF JOHN HUMPHRIES, BY KEVIN MCGINLEY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FOR A REZONING FROM RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) TO CL-O (COMMERCIAL LOW OFFICE) FOR THE 0.34-ACRE PROPERTY LOCATED ON THE EAST SIDE OF STATE ROAD ALTERNATE AIA, 600 FEET NORTH OF RICHARD ROAD. (P.O.P. 637454 AND 637470) ADOPTED 1-6-2000

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

b. RESOLUTION R-2000-0007

RESOLUTION FOR PETITION CA99-22 (HUMPHRIES DENTAL) OF JOHN HUMPHRIES, BY KEVIN MCGINLEY, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A MEDICAL/DENTAL CLINIC ON THE 0.34-ACRE PROPERTY LOCATED ON THE EAST SIDE OF STATE ROAD ALTERNATE AIA, 600 FEET NORTH OF RICHARD ROAD. (P.O.P. 637454 AND 637470) ADOPTED WITH CONDITIONS AS AMENDED 1-6-2000

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

A. ALL PETITIONS

B. BUILDING AND SITE DESIGN

1. The site shall be limited to a 1567 total square foot medical office. Expansion shall be limited to a maximum 2000 total square foot medical or dental office subject to approval by Traffic Division and concurrency. (DRC: ZONING)

2. The existing 288 square foot garage shall be removed prior to Certificate of Occupancy for the medical/dental office. (CO: BUILDING/Zoning)

C. HEALTH

1. Application and engineering plans to construct an onsite sewage treatment and disposal system (OSTDS) in accordance with Rule 64E-6 FAC and Palm Beach County ECR-I must be submitted to the Palm Beach County Health Department prior to final site plan approval. (DRC: HEALTH)

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)

D. LANDSCAPING ALONG THE WEST PROPERTY LINE (SR ALTERNATE A-1-A)

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

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

b. 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,

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

E. ENGINEERING

1. 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 SR A1A Road Right-of-Ways. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards. The property owner shall also be responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT:MONITORING - Eng)

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

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

F. LANDSCAPING ALONG NORTH AND EAST PROPERTY LINE

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

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

b. Six (6) foot high masonry screen panel wall;

c. One (1) canopy tree planted every twenty (20) feet on center, alternating on both sides of the wall;

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

e. Thirty (30) inch high shrub or hedge material on both sides of the wall, 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)

G. LIGHTING

1. No free standing pole lights are permitted except for low intensity, minimum necessary to satisfy the Palm Beach County Security Code. All other lights shall be building mounted and directed down and away from adjacent properties and streets. (CO: BLDG - Zoning)

H. SIGNS

1. Freestanding point of purchase signs fronting on SR Alternate A1A shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - seven (7) feet;

b. Maximum sign face area per side - 70 square feet;

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

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

2. No other signage shall be permitted on the building or property. (ONGOING/DRC: CODE ENF/ZONING)

I. 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 Susan Miller stated that, at the applicant's request, the small scale amendment (SCA) had been continued from the October 28, 1999, Board of County Commissioners Zoning hearing so that the SCA and concurrent zoning petition could be heard together. She said that both Planning staff and the Land Use Advisory Board had recommended denial of the SCA because the applicant had failed to provide adequate information to demonstrate the site could accommodate office use. Since that time, the applicant has addressed the outstanding issues, and staff now recommended approval. Ms. Miller commented that at time of publication, staff had received one telephone call from a neighboring property owner who objected to a commercial use being located near his residence.

Kevin McGinley, agent, agreed to staff recommendations and to the zoning conditions.

Commissioner Marcus requested a more attractive buffer along the north and east property lines. Accordingly, Condition F.1 was revised to specify a wax myrtle hedge and climbing vines on the exterior side of the wall.

PUBLIC COMMENT: None

MOTION to approve the request of Application 99-SCA 32 COM 1 for a future land use change from LR-3 to CL-O/3 and adopt an ordinance affirming that action. Motion by Commissioner Marcus and seconded by Commissioner Masilotti.

The Board made their disclosures at this time.

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

MOTION to adopt a resolution approving the request of Petition Z/CA99-22 for an Official Zoning Map Amendment from RM to CLO. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent.

MOTION to adopt a resolution approving the request of Petition Z/CA99-22 for a Class A Conditional Use to allow a medical/dental clinic, subject to the conditions as amended. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent.

(CLERK'S NOTE: The strike-out-and-underline conditions of the final conditional use resolution are as follows:)

F.e. Thirty (30) inch high shrub or hedge material on both sides of the wall, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches, with wax myrtle and climbing vines on the exterior wall. (CO: LANDSCAPE)

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

(CLERK'S NOTE: Items 4.C.23. and 4.C.24. were considered together.)

4.C.23.

a. SMALL SCALE AMENDMENT 37 COM 1

APPLICATION 99-SCA 37 COM 1 (DIVERS OUTLET) OF GAETA LIMITED PARTNERSHIP #1, BY BRIAN WAXMAN, AGENT, FOR A SMALL SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM HIGH RESIDENTIAL 8 (HR-8) TO COMMERCIAL HIGH WITH AN UNDERLYING 8 UNITS PER ACRE (CH/8) WITH CROSS-HATCHING ON THE 0.32-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 95 AND NORTHLAKE BOULEVARD. (P.O.P. 638346) APPROVED 1-6-2000

b. ORDINANCE 2000-002

ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN: ADOPTING SMALL SCALE LAND USE AMENDMENT 99-SCA 37 COM 1 (DIVERS OUTLET); MODIFYING FUTURE LAND USE ATLAS PAGE 37 BY CHANGING A 0.32-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 95 AND NORTHLAKE BOULEVARD FROM HIGH RESIDENTIAL 8 (HR-8) TO COMMERCIAL HIGH WITH AN UNDERLYING 8 UNITS PER ACRE (CH/8) WITH CROSS-HATCHING. (AMENDS ORDINANCE 89-17) (P.O.P. 638346) ADOPTED WITH CONDITIONS 1-6-2000

Staff Recommendation: Approval of the request, subject to the conditions following the LPA recommendation.

Local Planning Agency (LPA) Recommendation: Approval of the request, subject to the conditions.

1. For purposes of calculating FAR (Floor Area Ratio), there is no commercial intensity and/or commercial square footage assigned to this 0.32 acre site; and

2. Vehicular storage, or storage of any kind is prohibited (with the exception of drainage and water retention which is permitted on site).

4.C.24. RESOLUTION R-2000-0008

RESOLUTION FOR PETITION Z/COZ99-69 (NORTHLAKE DIVERS OUTLET) OF GAETA LIMITED PARTNERSHIP #1, BY NEIL J. GAETA AND LOUIS A. GAETA, JR., AGENTS, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FOR A REZONING FROM RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) TO CG-GENERAL COMMERCIAL WITH A CONDITIONAL OVERLAY ZONE (COZ) FOR THE 0.32-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF INTERSTATE 95 AND NORTHLAKE BOULEVARD. (P.O.P. 637454 AND 637470) ADOPTED WITH CONDITIONS 1-6-2000

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

NOTE: Conditions are limited to the 0.32 acre COZ parcel only.

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 October 25, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (ADJACENT TO RESIDENTIAL)

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

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

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

c. A four (4) foot high opaque concrete wall placed on top of the berm. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. (CO: LANDSCAPE)

2. The following landscaping requirements shall be installed alternating on both the interior and exterior sides of the required wall:

a. One (1) canopy tree planted every twenty (20) feet on center. A group of three (3) or more pine trees may supersede the requirement for a canopy tree in that location. A maximum twenty-five (25%) percent of the required canopy trees within the buffer may be replaced by the pine tree clusters;

b. One (1) additional ornamental tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet between clusters; and

3. 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)

C. LANDSCAPING ALONG WEST PROPERTY LINE (ABUTTING SUNSET DRIVE)

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

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

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

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

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

D. PLANNING

1. The 0.32 acre parcel shall be limited to at-grade parking, landscaping, and water retention. No structures shall be located on this parcel. (DRC/ ONGOING: PLANNING-Code Enforcement)

2. Outdoor storage is prohibited. (ONGOING: PLANNING-Code Enforcement)

E. ENGINEERING

No Engineering conditions.

F. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Planner Matthew Zern told the Board that at time of publication, staff had received a letter from the City of Riviera Beach offering no objection to the proposed amendment as well as one telephone call from a resident who expressed concern about the project's effect on traffic.

Neil J. Gaeta, agent, agreed to the conditions in both the ordinance and the resolution.

PUBLIC COMMENT: None

MOTION to approve the request of Application 99-SCA 37 COM 1 for a future land use change from HR-8 to CH/8 with cross-hatching, subject to two conditions, and adopt an ordinance affirming that action. Motion by Commissioner Marcus and seconded by Commissioner Aaronson.

The Board made their disclosures at this time.

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

MOTION to adopt a resolution approving the request of Petition Z/COZ99-69 for an Official Zoning Map Amendment from RM to CG with a COZ. Motion by Commissioner Marcus, seconded by Commissioner Aaronson, and carried 6-0. Commissioner McCarty absent.

4.D. SMALL SCALE LAND USE AMENDMENTS (PLANNING DIVISION)

4.D.25.

a. SMALL SCALE AMENDMENT 71 CHX 1

APPLICATION 99-SCA 71 CHX 1 (MILITARY TRAIL CROSS-HATCHING) OF PALM BEACH COUNTY FOR A SMALL SCALE CORRECTIVE LAND USE AMENDMENT (SCA) TO MODIFY PAGE 71 OF THE FUTURE LAND USE ATLAS BY REMOVING THE CROSS-HATCHING FROM A 5.50-ACRE PARCEL OF LAND (EXTENDING APPROXIMATELY 1,000 FEET EAST OF THE REAR PROPERTY LINE) LOCATED APPROXIMATELY 250 FEET WEST OF MILITARY TRAIL AND APPROXIMATELY 0.30 MILE SOUTH OF FOREST HILL BOULEVARD. (P.O.P. 638346) APPROVED 1-6-2000

b. ORDINANCE 2000-003

ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN: ADOPTING SMALL SCALE CORRECTIVE LAND USE AMENDMENT 99-SCA 71 CHX 1 (MILITARY TRAIL CROSS-HATCHING); MODIFYING FUTURE LAND USE ATLAS PAGE 71 BY REMOVING THE CROSS-HATCHING FROM A 5.50-ACRE PARCEL OF LAND (EXTENDING APPROXIMATELY 1,000 FEET EAST OF THE REAR PROPERTY LINE) LOCATED APPROXIMATELY 250 FEET WEST OF MILITARY TRAIL AND APPROXIMATELY 0.30 MILE SOUTH OF FOREST HILL BOULEVARD. (AMENDS ORDINANCE 89-17) (P.O.P. 638346) ADOPTED 1-6-2000

Staff Recommendation: Approval of the request.

Local Planning Agency Recommendation: Approval of the request.

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

MOTION to approve the request of Application 99-SCA 71 CHX 1 to remove the cross-hatching and adopt an ordinance affirming that action. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 5-0. Commissioners McCarty and Marcus absent.

PUBLIC COMMENT: None

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

4.D.26.

a. SMALL SCALE AMENDMENT 71 RES 1

APPLICATION 99-SCA 71 RES 1 (MURRAY PROPERTY) OF JOHN MURRAY AND JOYCE MURRAY, BY ROBERT E. BASEHART, AGENT, FOR A SMALL SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM MEDIUM RESIDENTIAL 5 (MR-5) TO LOW RESIDENTIAL WITH AN UNDERLYING 3 UNITS PER ACRE (LR-3) ON THE 5.32-ACRE PROPERTY LOCATED ON THE WEST SIDE OF RANCHETTE ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUMMIT BOULEVARD. (P.O.P. 638346) APPROVED 1-6-2000

b. ORDINANCE 2000-004

ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN: ADOPTING SMALL SCALE LAND USE AMENDMENT 99-SCA 71 RES 1 (MURRAY PROPERTY); MODIFYING FUTURE LAND USE ATLAS 71 BY CHANGING A 5.32-ACRE PROPERTY LOCATED ON THE WEST SIDE OF RANCHETTE ROAD APPROXIMATELY 1,000 FEET SOUTH OF SUMMIT BOULEVARD FROM MEDIUM RESIDENTIAL 5 (MR-5) TO LOW RESIDENTIAL WITH AN UNDERLYING 3 UNITS PER ACRE (LR-3). (AMENDS ORDINANCE 89-17) (P.O.P. 638346) ADOPTED WITH DIRECTION 1-6-2000

Staff Recommendation: Approval of the request.

Local Planning Agency Recommendation: Approval of the request.

Planner Michael C. Owens said the subject site and all other properties on Ranchette Road currently use well water and septic tank systems. The applicant cannot subdivide the property to meet current minimum density requirements unless public water and sewer lines are extended to the site. These lines run along Summit Boulevard about 1,000 feet north of the property. The cost of running those lines along Ranchette Road to the subject property would be prohibitive for one property owner. According to the applicant, the community had rejected a petition drive to extend public water and sewer lines to all properties on Ranchette Road, citing expense and the desire to keep the existing density.

Commissioner Masilotti made his disclosures.

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

MOTION to approve the request of Application 99-SCA 71 RES 1 for a future land use change from MR-5 to LR-3 and adopt an ordinance affirming that action. Motion by Commissioner Masilotti and seconded by Commissioner Aaronson.

The rest of the Board made their disclosures.

PUBLIC COMMENT: None

Robert E. Basehart, agent, discussed the drainage problem.

Since the property will be split into four lots, it has to be subdivided. Consequently, the subdivision code requires that Ranchette Road meet County standards. That road was a shellrock road until last year when the County paved it but not to standard. The applicant is required to bring it up to standard, however.

Bringing the road up to standard includes providing drainage. Its current drainage is a swale on both sides of the street with a canal along Summit Boulevard and to the south. Under code, the applicant cannot use the swale system. He has to install a pipe system in front of his property down to the canal, a distance of some 1,000 feet. The cost of such installation is prohibitive.

As matters stand, the applicant can get the desired density reduction under the Comprehensive Plan but was required to withdraw his zoning application because the Engineering department would not sign off on concurrency.

The County should provide some avenue of relief to smaller property owners lacking direct access to a canal. For instance, the County could provide an exemption opportunity for properties under 10 acres when the resulting density would be a unit to an acre less (the applicant was proposing 0.75 unit per acre) and when the owners could demonstrate that adequate drainage would be provided. Otherwise, the solution was to aggregate land and build higher-density projects where the cost of improvements can be spread among the units.

Commissioner Masilotti expressed concern that the Ranchette Road improvements do not meet County standards.

Land Development Director Rogers explained that the street improvement program was established by the Board about 20 years ago when they determined that it was costing too much to maintain dirt and shellrock roads. They realized they could lower the maintenance cost and benefit both County and residents by providing the substandard roads with a hardened surface. They further realized there was inadequate minimum right-of-way to meet County standards and that in many cases the County could not meet the same drainage provisions that it would require a subdivision to meet. Because there was benefit, however, in eliminating the substandard roads, they adopted a program under which residents and County share in the cost of providing a hardened surface to substandard roads. It was not ever intended to bring the roads to minimum subdivision standards but rather to provide a hardened surface and, so, better quality access to existing lots.

Mr. Masilotti asked Mr. Rogers if he agreed there was an anomaly in the subdivision code in that the County was actually promoting higher density by the way cost is distributed.

Mr. Rogers interpreted Mr. Masilotti's comment to mean whether the owners had a right to develop 26 units on this parcel. Both the Unified Land Development Code (ULDC) and the Comprehensive Plan would allow development up to 26 units, provided all other provisions in the ULDC were met. Having the ability to develop 26 units does not guarantee the right to develop to that density. In order to develop, the developer has to be able to satisfy all other infrastructure requirements.

Mr. Rogers further explained that this is one of those situations in which the land use plan calls for the eventual elimination of very large existing lots, that is, one to five acres in size, and for higher density. He said he did not know how long this community could stay viable at these larger lots. As stated earlier, the Ranchette Road residents were given the opportunity a couple of years ago to bring public sewer and water to their properties before the County hard-surfaced the road under the street improvement program. The residents rejected the opportunity, saying that they wanted to keep their community rural and that they wanted a paved road as well.

Commissioner Aaronson asked if the County informs property owners that the road improvements for which they are paying will not meet County standards or if they are left to assume that the "Band-Aid" is up to standard. Mr. Rogers said he did not know and would have to talk to the persons who run the program.

Commissioner Newell said that the County did about 20 or 30 such roads a year because residents will not give up property for right-of-way to allow construction to standard. He acknowledged it was a "Band-Aid" approach but observed that most people would not recognize the difference from one road to the next.

Mr. Rogers told Commissioner Roberts that the County did not waive its standards, as she had questioned, but built such roads as close to subdivision standards as possible. Such construction was undertaken because it benefited constituents. The County had an exemption, he said, from South Florida Water Management District from building these roads to the same drainage criteria used in building roads in subdivisions.

Commissioner Roberts commented that it made much more sense to allow four units with a different kind of drainage plan than to call the parcel a four-unit subdivision and so, make the drainage exorbitantly expensive. There needs to be exceptions made for certain types of developments, she added.

Mr. Rogers said that this parcel was not unique and that what was done for it would set a precedent for development of the other 14 or 15 five-acre lots along Ranchette Road.

Assistant County Attorney Alterman said that legal positive outfall was required by the Comprehensive Plan and that that was what Mr. Basehart said he could not meet through this subdivision. If the Board wished to change that requirement or allow exceptions to it, she advised, they would have to approve an amendment to the plan to change the concurrency level of service for drainage. Following the amendment, it would have to go into the subdivision code and be amended accordingly, she said.

Commissioner Aaronson said he would approve the proposal and recommended directing staff to look at alternative methods by which property owners could lower density and live a rural lifestyle wherever they wanted in the County. Commissioner Marcus agreed.

Commissioner Roberts asked if there was any way to speed up the process described by Ms. Alterman.

Commissioner Newell remarked that the issue was not necessarily legal positive outfall but how to protect those homes and lots from flooding. If legal positive outfall is not the criterion, the Board has to create an alternate system that provides the same level of drainage protection.

Commissioner Newell told Commissioner Masilotti that ponds are used for water retention but a protection level needs to be created, a standard on which the County can rely.

Commissioner Aaronson proposed making a separate motion to direct staff to expedite a drainage system that would benefit people who want to cut down on density.

AMENDED MOTION to include Commissioner Aaronson's proposed motion. The maker and seconder agreed.

Mr. Basehart expressed his agreement.

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

Planning Director Frank M. Duke told Commissioner Roberts the issue would be initiated in the current amendment round, coming back to the Board for transmittal in April-May and for adoption in August with a September effective date.

4.E. PREVIOUSLY POSTPONED ZONING PETITION

4.E.27. RESOLUTION R-2000-0009

RESOLUTION FOR PETITION PDD99-4 (LAKE WORTH ROAD AND STATE ROAD 7 MUPD) OF ADMIND ANSIN, TRUSTEE, BY KILDAY & ASSOCIATES, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FOR A REZONING FROM AR-AGRICULTURAL RESIDENTIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH A CONVENIENCE STORE WITH GASOLINE SALES AND REPAIR AND GENERAL MAINTENANCE AND A FAST FOOD RESTAURANT AS REQUESTED USES ON THE 11.35-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LAKE WORTH ROAD AND STATE ROAD 7 (U.S. 441). (P.O.P. 595175 AND 605811 OF 12-2-99) ADOPTED WITH CONDITIONS AS AMENDED 1-6-2000

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

A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated November 16, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. CONVENIENCE STORE WITH GAS SALES

1. Convenience store with gas sales shall be limited to 6 pumps (maximum/12 fueling stations). (DRC: ZONING)

2. Prior to site plan certification, the site plan shall be amended to indicate facilities for the provision of free air and water for customer convenience. (DRC/ONGOING: ZONING/CODE ENF)

3. The gas station canopy shall be limited as follows:

a. Maximum canopy height shall be twenty (20) feet if flat and twenty-five (25) feet in height if pitched with a maximum 5 on 12 pitch, including air conditioning and mechanical equipment and satellite dishes, measured from finished grade to the highest point;

b. Maximum canopy clearance shall be sixteen (16) feet, measured from finished grade to the underside of the canopy or attached outdoor lighting fixtures;

c. Canopy signage shall be a maximum twenty-four (24) inches in height and limited to only two (2) sides of the canopy; and,

d. Canopy lighting shall be flush mounted or recessed. (BLDG PERMIT: BLDG - Zoning)

C. ENVIRONMENTAL RESOURCES MANAGEMENT

1. The preserve area located on the southeast portion of the site shall be a minimum of 2.0 acres. (DRC: ERM)

2. The 2.0 acre preserve area may receive some stormwater in order to restore and maintain a more typical hydrology. However, the preserve area shall not be considered part of the stormwater system that complies with South Florida Water Management District storage requirements. (DRC: ERM)

D. 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 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)

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

E. ENGINEERING

1. The property owner shall construct:

a. right turn lane deceleration/acceleration west approach at each of the project's entrances onto Lake Worth Road as approved by the Florida DOT

b. right turn lane south approach at the project's entrance onto SR 7

c. left turn lane east approach on Lake Worth Road at the project's east entrance

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 or the exchange with the Lake Worth Drainage District for any additional required right-of-way to accommodate the construction of the required turn lanes.

Permits required by the Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first Building Permit.

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

2. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF LAKE WORTH ROAD

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to provide 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 and Paver Block Installation Agreement, including appropriate Maintenance, Removal, and Indemnification agreements. When landscape plantings and the installation of paver blocks are permitted by the Florida Department of Transportation, the landscape material within the concrete cutouts shall be consistent with the landscaping theme approved by Palm Beach County for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Palm Beach County Streetscape Standards. Alternative species and paver block material other than those listed in the County standards may be allowed subject to approval by the Florida Department of Transportation. (BLDG PERMIT:MONITORING - Eng.)

b. All required median landscaping, including an irrigation system, the cost of cutting out the concrete median and the installation of all landscape material, paver block or similar materials shall be funded 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. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation to the cut out area. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation to the cut out areas. All landscape material shall be installed prior to the issuance of the first certificate of occupancy. (CO: MONITORING - Eng)

3. LANDSCAPE WITHIN MEDIAN OF STATE ROAD 7 AND LAKE WORTH ROAD RIGHT OF WAY

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 Lake Worth Road and SR 7 Right-of-Ways. 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 Street-scape Standards. The property owner shall also be responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT:MONITORING - Eng)

4. In order to comply with the mandatory Traffic Performance Standards, the proposed fast food restaurant shall not be open for business prior to 10:00 a.m. on Monday through Friday unless an approved traffic study is submitted and approved by the Palm Beach County Engineering Department which complies with the mandatory Traffic Performance Standards. (DRC/CODE ENFORCEMENT-Eng)

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

a. No building permits shall be issued until the contract is let for the widening of SR 7 from Lake Worth Road to Boynton Beach Boulevard as a 6 lane median divided facility plus the appropriate paved tapers.

b. Building Permits for more than 1,100 new external daily trips (15,120 square feet drug store with drive through or equivalent (land uses as approved by Palm Beach County Engineering Department) shall not be issued until the contract is let for the widening of Lantana Road as a 4 lane median divided facility from SR 7 to Grand Lacuna Boulevard to Lake Worth Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

These 1100 net external trips are equivalent to one of the following land uses:

- 8883 square feet of retail and 5000 square feet repair of general repair and maintenance (auto)

- 15,120 square feet of drugstore with drive-thru

- 3,610 square feet drive in bank and 5000 square feet repair of general repair and maintenance (auto)

- 12 fueling position gas station and 5000 square feet repair of general repair and maintenance (auto)

(BLDG PERMIT:MONITORING-Eng)

The property owner shall contribute this projects Traffic Impact Fees toward the possible 8 lane widening of SR 7 from Lake Worth Road to Southern Boulevard. This property owners contribution shall be the total Traffic Impact Fees for the entire site and shall be paid prior to January 5, 2001. (DATE:MONITORING -Eng)

F. LANDSCAPING - STANDARD

1. Fifty percent (50%) of all canopy trees required to be planted on site adjacent to the right-of-way, shall meet the following minimum standards at installation:

a. Tree height: fourteen (14) feet;

b. Trunk diameter: 3.5 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; and,

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

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

G. LANDSCAPING ALONG NORTH AND WEST PROPERTY LINES (ABUTTING LAKE WORTH ROAD AND SR7/US441)

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

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

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

c. One (1) canopy tree shall be planted every twenty (20) feet on center;

d. One (1) additional palm tree or pine tree for each thirty (30) linear feet of frontage. A group of three or more palm or pine trees may supersede the requirement for a canopy tree in that location; 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 - Zoning)

H. LANDSCAPING ALONG THE SOUTH AND EAST PROPERTY LINE

1. Landscaping and buffering along the south and east property line shall be upgraded to include (except for the 2 acre preserve area):

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

b. A six (6) foot high opaque concrete wall or panel wall system, except adjacent to the 2 acre preserve area. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development.

2. A six (6) foot vinyl coated chain link fence shall be installed adjacent to the 2 acre preserve area. (CO: LANDSCAPE)

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

a. One (1) canopy tree planted every twenty (20) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for a canopy tree in that location. A maximum twenty-five (25%) percent of the required canopy trees within the buffer may be replaced by the palm or pine tree clusters;

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

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

4. Along the interior side of the required wall, or fence, 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)

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

I. LIGHTING

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

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

3. All outdoor lighting shall be extinguished no later than one half (�) hour after the closing of each individual use, excluding security lighting or landscape or accent lights used to emphasize plant material. (ONGOING: CODE ENF)

J. MASS TRANSIT

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

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of the first certificate of occupancy (CO). The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer.

Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (CO: MONITORING - Eng)

K. MUPD

1. Total gross floor area shall be limited to a maximum of 39,113 square feet. Expansion, including requested uses, shall be limited to five percent (5%) or 1,000 square feet, whichever is less subject to Traffic Division approval. (DRC: ZONING)

2. Retail square footage shall consist of 15,120 square feet pharmacy/drug store type use. (DRC: ZONING)

3. To ensure consistency with the site plan dated November 16, 1999 presented to the Board of County Commissioners, no more than twenty-five (25) percent of the total approved square footage or other area indicated as being covered by structures shall be relocated to portions of the site not previously covered. (DRC: ZONING)

4. All air conditioning and mechanical equipment shall be roof mounted and screened from view on all sides in a manner consistent with the color, character and architectural style of the principal structure.(BLDG PERMIT: BLDG - Zoning)

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

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

L. REQUESTED USES

1. The fast food restaurant shall be limited to a maximum 120 seats. (DRC: ZONING)

2. Square footage for the repair and maintenance use shall be limited to a 5,000 square feet for a tire store and repair facility with bay doors only on the north facade of the building. (DRC/BLDG PERMIT: BLDG-Zoning):

3. No outdoor storage or display of tires shall be permitted. (ONGOING: CODE ENF)

4. All requested uses shall remain in the location indicated on the preliminary development plan approved by the Board of County Commissioners (November 16, 1999). (DRC: ZONING)

M. SIGNS

1. Point of purchase freestanding signs fronting Lake Worth Road 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 - two (2);

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

2. Point of purchase freestanding signs fronting 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 - two (2);

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

3. All wall signs shall be limited to north and west building facades only. (CO: BLDG)

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.

The following condition revisions were distributed by the Engineering staff prior to the meeting:

Condition E.4.:

In order to comply with the mandatory Traffic Performance Standards, the proposed fast food restaurant shall not be open for business prior to 10:00 a.m. on Monday through Friday unless a Traffic Study which complies with the mandatory Traffic Performance Standards is approved which allows modified hours. (DRC/CODE ENFORCEMENT-Eng)

Condition E.5.b:

Building Permits for more than 1,100 new external daily trips (15,120 square feet drug store with drive through or equivalent (land uses scenarios as approved by Palm Beach County Engineering Department) shall not be issued until the contract is let for the widening of Lantana Road as a 4 lane median divided facility from SR 7 to Grand Lacuna Boulevard to Lake Worth Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

These 1100 net external trips are equivalent to one of the following land use scenarios:

8883 square feet of retail and 5000 square feet of general repair and maintenance (auto), or

15,120 square feet of drugstore with drive-thru, or

3,610 square feet drive in bank and 5000 square feet repair of general repair and maintenance (auto), or

12 fueling position gas station and 500 square feet repair of general repair and maintenance (auto)

(BLDG PERMIT:MONITORING-Eng)

Condition E.6.:

The property owner shall contribute this projects Traffic Impact Fees toward the possible 8 lane widening of SR 7 from Lake Worth Road to Southern Boulevard. This property owners contribution shall be the total Traffic Impact Fees for the entire site and shall be paid prior to ~~January 5, 2001~~ April 1, 2001 or prior to issuance of the first building permit, whichever shall first occur. (DATE:MONITORING -Eng)

The following condition modifications were distributed by the agent when the petition was discussed:

Condition E.4.:

Condition E.5.b:

Building Permits for more than 1,100 net external daily trips ~~(15,120 square feet drug store with drive through or equivalent (land uses as approved by Palm Beach County Engineering Department)~~ which is equivalent to one of the following land use scenarios shall not be issued until the contract is let for the widening of Lantana Road as a four lane median divided facility from S.R. 7 to Grand Lacuna Boulevard, ~~to Lake Worth Road~~ plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

These 1,100 net external daily trips are equivalent to one of the following land use scenarios:

� 8,883 square feet of retail and 5,000 square feet ~~repair~~ of general repair and maintenance (auto), or

� 15,120 square feet of drugstore with drive-thru, or

� 3,610 square feet drive-in bank and 5,000 square feet ~~repair~~ of general repair and maintenance (auto), or

� 12 fueling position gas station and 5,000 square feet ~~repair~~ of general repair and maintenance (auto).

(BLDG PERMIT:MONITORING-Eng)

Condition E.6.:

The property owner shall contribute this project's Traffic Impact Fees toward the possible 8 lane widening of SR7 from Lake Worth Road to Southern Boulevard. This property owner's contribution shall be the total Traffic Impact Fees for the entire site and shall be paid prior to April 1, 2001. (DATE:MONITORING -Eng)

Condition K.2.:

Retail square footage shall consist of 15,120 square feet pharmacy/drug store type use, or equivalent use as approved by the Palm Beach County Engineering Department. (DRC:ZONING)

Condition K.4.:

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

Kieran J. Kilday, agent, said he agreed to the conditions and to the amendments distributed by staff. He discussed changes that had been made to accommodate adjacent residents. Following which, he proposed adding the phrase "single use" to "tire store" in Condition L.2. He proposed the change because there was a multipurpose automobile repair center across the street. Wycliffe residents were concerned, he said, about another such center.

Staff agreed to the change.

Commissioner Newell questioned not allowing the fast food restaurant to open until 10 a.m. Monday through Friday. Mr. Kilday explained that it was a traffic condition. Moreover, the user was Wendy's, which did not serve breakfast. Mr. Newell noted that Wendy's might wish to open for breakfast. Mr. Kilday replied that if they wanted to do that, Wendy's would have to come back and submit a traffic study to the County Engineer.

Commissioner Masilotti made his disclosure on the item. He said that the residents had been concerned that there be no automobile repairs at this location and that he had been under the impression that there would be none. The agent's handout indicated, however, 5,000 square feet of general automobile repair and maintenance.

Planner Carrie Rechenmacher responded that a similar concern had been expressed at the Zoning Commission hearing and that the facility had been limited to a tire store and repair.

Mr. Kilday said he had no objection to changing the language to specify "an auto tire store with no major repairs." Following continued discussion, Mr. Kilday said that he was agreeable to replace every instance of "auto repair" with "tire store with no major auto repair."

Zoning Director William C. Whiteford noted that "tire store and repair facility" in Condition L.2 could be clarified by adding "no major repairs."

Commissioner Masilotti questioned if staff had a definition of a major repair at an auto store. How and by whom was such a repair defined, he asked.

Commissioner Aaronson proposed limiting the facility to tire sales, tire mounting, and anything pertaining to tires.

Staff offered the word "installation." Commissioner Masilotti said that "tire installation" would be fine.

Mr. Kilday advocated including oil changes because, he said, some tire stores offer oil changes.

Commissioner Aaronson favored the limitation together with the oil change service as a convenience for tire purchasers.

Mr. Kilday said that was acceptable.

Commissioner Masilotti recalled that the petitioner had agreed to redesign the site in order to place the tire store as far away from the residents as possible. Mr. Kilday acknowledged that he had suggested flipping the 5,000-square-foot facility with the 8,000-square-foot facility to Wycliffe representative Kelson who had agreed. Mr. Masilotti asked if the agent would voluntarily make that a condition. Mr. Kilday agreed.

Commissioner Roberts remarked that as the Board looks at development along State Road 7, they want to ensure that neither pawnshops nor adult entertainment places were allowed as uses. She said that even though neither was a planned use in the development under consideration, she would like to add condition that neither be allowed. Mr. Kilday agreed. Ms. Shutt read the following new condition: "No pawnshops or adult entertainment facilities shall be permitted on-site." Commissioner Roberts proposed that the restriction be included in all future conditions of approval for State Road 7. Commissioner Newell agreed.

Ms. Rechenmacher read the following condition: "The 5,000 square foot facility shall be limited to minor repairs consisting of tire sales, maintenance, installation and oil change." Commissioner Masilotti clarified "tire maintenance," not automobile maintenance. He later specified "tire sales and installation and oil change."

Principal Planner David Flinchum said that Condition L.2 would be revised to indicate that the tire installation and maintenance facility would be located on the east side of the building.

PUBLIC COMMENT:

Lester Kelson, representing Wycliffe Homeowners Association, agreed with the conditions as revised with the exception of the provision for an oil change facility. He submitted a 200-signature petition objecting to the "inclusion of another 6 pump gas and convenience store, plus another 8 bay auto repair facility" at the location.

MOTION to receive and file the petitions. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 6-0. Commissioner McCarty absent.

MOTION to adopt a resolution approving the request of Petition PDD99-4 for an Official Zoning Map Amendment from AR to MUPD with a convenience store with gasoline sales, tire sales, tire installation, oil change, and a fast food restaurant, subject to conditions as amended. Motion by Commissioner Roberts and seconded by Commissioner Masilotti.

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

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

(CLERK'S NOTE: The strike-out-and-underline conditions of the final resolution are as follows:)

C.2. The 2.0 acre preserve area may receive some stormwater in order to restore and maintain a more typical hydrology. However, the preserve area shall not be considered part of the stormwater system that complies with South Florida Water Management District storage requirements. (DRC: ERM)

E.1. The property owner shall construct:

a. right turn ~~lane~~ deceleration/acceleration lane, west approach at each of the project's entrances onto Lake Worth Road as approved by the Florida DOT

b. right turn lane south approach at the project's entrance onto SR 7

c. left turn lane east approach on Lake Worth Road at the project's east entrance

Permits required by the Florida Department of Transportation for this construction shall be obtained prior to the issuance of the first Building Permit.

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

E.4. In order to comply with the mandatory Traffic Performance Standards, the proposed fast food restaurant shall not be open for business prior to 10:00 a.m. on Monday through Friday unless ~~an approved traffic study is submitted and approved by the Palm Beach County Engineering Department which complies with the mandatory Traffic Performance Standards~~ a Traffic Study which complies with the mandatory Traffic Performance Standards is approved which allows for modified hours. (DRC/CODE ENFORCEMENT-Eng)

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

b. Building Permits for more than 1,100 ~~new~~ net external daily trips ~~(15,120 square feet drug store with drive through or equivalent (land uses scenarios as approved by Palm Beach County Engineering Department)~~ which is equivalent to one of the following land use scenarios shall not be issued until the contract is let for the widening of Lantana Road as a 4 lane median divided facility from SR 7 to Grand Lacuna Boulevard ~~to Lake Worth Road~~ plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

These 1100 net external trips are equivalent to one of the following land uses: scenarios:

- 8883 square feet of retail and 5000 square ~~feet~~ foot ~~repair of general repair and maintenance (auto)~~ tire sales, installation, and oil change facility, or

- 15,120 square feet of drugstore with drive-thru, or

- 3,610 square feet drive in bank and 5000 square ~~feet~~ foot ~~repair of general repair and maintenance (auto)~~ tire sales, installation, and oil change facility, or

- 12 fueling position gas station and 5000 square ~~feet~~ foot ~~repair of general repair and maintenance (auto)~~ tire sales, installation, and oil change facility. (BLDG PERMIT:MONITORING-Eng)

E.The property owner shall contribute this projects Traffic Impact Fees toward the possible 8 lane widening of SR 7 from Lake Worth Road to Southern Boulevard. This property owners contribution shall be the total Traffic Impact Fees for the entire site ~~and~~ shall be paid prior to ~~January 5,~~ April 1, 2001. (DATE:MONITORING -Eng)

K.2. Retail square footage shall consist of 15,120 square feet pharmacy/drug store type use, or equivalent use as approved by the Palm Beach County Engineering Department. (DRC: ZONING)

K.4. All air conditioning and mechanical equipment and satellite dishes shall be ~~roof mounted and~~ screened from view on all sides by a visually opaque barrier ~~in a manner~~ consistent with the color, character and architectural style of the principal structure or equivalent landscape material.(BLDG PERMIT: BLDG - Zoning)

L.2. Square footage for the ~~repair and maintenance use~~ tire sales, installation and oil change facility shall be limited to a 5,000 square feet ~~for a tire store and repair facility~~ with bay doors ~~only~~ on only the north facade of the building. (DRC/BLDG PERMIT: BLDG-Zoning):

L.5. No pawn shops or adult entertainment facilities are permitted on site.

4.F. ZONING PETITION

4.F.28.

a. RESOLUTION R-2000-0010

RESOLUTION FOR PETITION Z99-44 (PURDY LANE KINGDOM HALL) OF FOREST HILL CONGREGATION OF JEHOVAH'S WITNESSES, INC., BY HARVEY CASTRO, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FOR A REZONING FROM RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) TO RS-SINGLE-FAMILY RESIDENTIAL FOR THE 5.14-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF PURDY LANE APPROXIMATELY 800 FEET EAST OF HAVERHILL ROAD. (P.O.P. 637454 AND 637470) ADOPTED 1-6-2000

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

b. RESOLUTION R-2000-0011

RESOLUTION FOR PETITION CA99-44 (PURDY LANE KINGDOM HALL) OF FOREST HILL CONGREGATION OF JEHOVAH'S WITNESSES, INC., BY HARVEY CASTRO, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A CHURCH OR PLACE OF WORSHIP ON THE 5.14-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF PURDY LANE APPROXIMATELY 800 FEET EAST OF HAVERHILL ROAD. (P.O.P. 637454 AND 637470) ADOPTED WITH CONDITIONS AS AMENDED 1-6-2000

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

A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated August 26, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

1. Similar architectural character and treatment, including but not limited to color, material, architectural details, fenestration and roof lines, shall be provided on all sides of the building. (BLDG PERMIT: BLDG - Zoning)

2. Prior to final site plan approval by the Development Review Committee (DRC), the architectural treatment indicated in the rendering dated November 23, 1999 and elevations dated December 13, 1999 by GRW Architecture shall be revised to incorporate the following additional design elements:

a. Varied building materials and textures;

b. Exterior colors shall be neutral, pastel, or earth tone colors. Building colors shall be varied by providing contrasting, but complimentary, colors for the building trims (i.e. stucco banding, door and window frames, etc..). Roof and trim colors shall be coordinated with base colors;

c. Wall recesses and projections a minimum of twenty-five (25) percent of each facade; and,

d. Combination of a minimum of following three (3) architectural details: Stucco banding, reveals, decorative vents and louver, arches, columns pilasters, quoins, or other alternatives acceptable to the Zoning Division.

Approved elevations with color indications shall be incorporated as part of the zoning petition file. (BLDG PERMIT: BLDG/ ZONING)

C. BUILDING AND SITE DESIGN

1. The maximum height for all structures, including all air conditioning and mechanical equipment, and satellite dishes, shall be limited to thirty-five (35) feet for all buildings. Decorative unoccupied architectural design elements which are not the major component of the roofing system (i.e. spires, belfries, etc.) may exceed this height requirement up to an overall building height of forty-five (45) feet. All heights shall be measured from finished grade to highest point. (DRC/BLDG PERMIT:ZONING/BLDG-Zoning)

2. All roof mounted air conditioning and mechanical equipment, including satellite dishes, shall be screened from view on all sides by the roof treatment (i.e. pitched roof, cupola, etc.). (BLDG PERMIT: BLDG - Zoning)

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

D. LANDSCAPING - STANDARD

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

a. Tree height: Twelve (12) feet;

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

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

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

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

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

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

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

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

E. ENGINEERING

1. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Purdy Lane 40 feet from centerline. This right of way shall be conveyed prior to January 1, 2001 or prior to the issuance of the first Building permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING - Eng)

2. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Purdy Lane to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT: MONITORING - Eng)

F. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO PURDY LANE)

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

a. A minimum thirty (30) foot wide landscape buffer strip with no reduction and a maximum five (5) foot easement encroachment;

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

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

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

G. LANDSCAPING ALONG SOUTH, EAST, AND WEST PROPERTY LINES

1. In addition 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 with no reduction permitted;

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

d. One (1) additional palm or pine tree for each twenty (20) linear feet of property line, with a maximum spacing of sixty (60) feet between clusters within the east and west buffer only; and,

e. Thirty (30) inch high shrub or hedge material shall be installed and maintained at a minimum height of forty-eight (48) inches. The spacing and location of the shrub or hedge material at installation are pursuant to ULDC provisions. (CO: LANDSCAPE)

H. LIGHTING

2. All freestanding outdoor light poles shall be limited to pedestrian lighting not to exceed fifteen (15) feet in height, measured from finished grade to highest point of the fixture and setback a minimum of fifty (50) feet from all property lines. (CO: BLDG - Zoning)

3. All outdoor lighting shall be extinguished no later than 10:00 p.m., excluding security lighting only. (ONGOING: CODE ENF)

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

I. SIGNS

1. Freestanding signs, including point of purchase, entrance wall sign, and directional signs, fronting on Purdy Lane shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - Four (4) feet;

b. Maximum sign face area per side - Twenty-four (24) square feet;

c. Maximum number of signs - One (1);

d. Location - Clear of all safe sight corners and site lines and comply with ULDC setback and separation requirements; and,

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

J. USE LIMITATION

1. All services shall be held within the church and the hours of operation shall be limited to 7:00 a.m. - 9:30 p.m. daily, excluding holiday services. (ONGOING: CODE ENF)

2. The site shall be limited to a maximum of 360 seats at anyone time. Simultaneous use of all facilities on site shall not exceed the 360 seat total. (BLDG PERMIT/ONGOING: BUILDING/ZONING/CODE ENF)

K. 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.

Harvey Castro, agent, requested a wooden fence in the east buffer instead of a concrete wall. The latter would be cost-prohibitive, he said. Commissioner Roberts recommended, instead, an opaque chainlink fence with green vinyl coating because it was longer lasting than a wooden fance. Mr. Castro agreed to the recommendation.

Commissioner Marcus recommended a condition specifying that no outdoor accessory uses be allowed. Mr. Castro agreed.

PUBLIC COMMENT:

Felicia Detrick said that the Sierra Woods Condominiums residents were concerned about noise reduction. In consequence of this, she questioned the parking design.

Zoning Director Whiteford said that all parking has been oriented toward the center of the site with none allowed along the east or west perimeters.

Commissioner Roberts expressed concern about the noise generated by 100 persons leaving nightly services. She recommended installing a concrete wall, instead of the fence, on the east property line adjacent to the parking area and retaining the chainlink fence on the rest of the property. She recommended this be done in the second phase of development.

Commissioner Marcus suggested a solid wooden fence instead of the concrete wall section. That would take care of the sound issue, she said, and not cost as much as a concrete wall. Commissioner Roberts agreed, provided the petitioner would accept maintenance of the fence. Ms. Marcus cited the Jehovah's Witnesses good tract record in the north end, asserting there would be no problem. Commissioner Newell observed that Jehovah's Witnesses facilities are always well maintained. Mr. Castro agreed to the wooden fence.

Harold Saltus, resident of Sierra Woods Condominiums, said he was concerned about noise and favored a concrete wall along the parking area with the chainlink fence along the rest of the area.

Mr. Whiteford suggested, in order to satisfy the speaker's concern, to have landscaping on the interior side of the wall instead of the exterior since landscaping tends to capture and diffuse sound. Commissioner Roberts recommended landscaping on both sides of the fence for a more attractive appearance.

Commissioner Aaronson suggested a wooden fence with a hedge on both sides.

Mr. Saltus told Commissioner Lee that it sounded like a good suggestion.

MOTION to adopt a resolution approving the request of Petition Z/CA99-44 for an Official Zoning Map Amendment from RM to RS. Motion by Commissioner Aaronson and seconded by Commissioner Masilotti.

The Board made their disclosures at this time.

Senior Planner Thuy Shutt read the following revised landscape buffer condition: "The landscape buffer shall be: a 15-foot strip with no reduction permitted; a six-foot-high opaque wood fence with regular maintenance; one tree every 20 feet on center; however, the trees and the palms shall be in the interior side of the shrubs, 30-inch-high shrubs on both sides."

Mr. Whiteford asked if the additional hedge material agreed to today on the exterior side applied only to the east property line or to the west property line as well. Ms. Shutt said she believed the code required both sides for any nonliving barrier.

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

MOTION to adopt a resolution approving the request of Petition CA99-44 for a Class A Conditional use to allow a church or place of worship, subject to conditions as amended. Motion by Commissioner Aaronson, seconded by Commissioner Marcus, and carried 6-0. Commissioner McCarty absent.

(CLERK'S NOTE: The strike-out-and-underline conditions of the final conditional use resolution are as follows:)

G.1. In addition 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 with no reduction permitted;

b. A six (6) foot high opaque ~~wall or~~ wood fence with regular maintenance;

d. One (1) additional palm or pine tree for each twenty (20) linear feet of property line, with a maximum spacing of sixty (60) feet between clusters within the east and west buffer only. The palms or trees shall be located on the interior side of the required fence; and,

e. Thirty (30) inch high shrub or hedge material shall be installed on both sides of the required fence and maintained at a minimum height of forty-eight (48) inches. ~~The spacing and location of the shrub or hedge material at installation are pursuant to ULDC provisions.~~ (CO: LANDSCAPE)

J.3. No recreational or accessory outdoor uses shall be permitted within ninety (90) feet of the south property line. (ONGOING: CODE ENF)

5. DIRECTOR COMMENTS

5.A. ZONING DIRECTOR - None

5.B. PLANNING DIRECTOR - None

6. COMMISSION COMMENTS - None

7. ADJOURNMENT

The Chair declared the meeting adjourned at 11:29 p.m.

ATTESTED: APPROVED:

Clerk Chair

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