- 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 a building permit for the 100th unit. The petitioner shall accommodate the
requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for
mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter,
appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance
responsibility of the property owner. (BLDG PERMIT: MONITORING - Eng)
L. PARKS
1. Prior to final Master Plan approval by the DRC the plan shall be revised to indicate how minimum Park and Recreation Standards are being satisfied.
(DRC:
PARKS)
M. PLANNED UNIT DEVELOPMENT
1. Decorative street lights shall be provided pursuant to Section 6.8.A of the
ULDC, subject to approval by the County or City Engineer. (CO: BLDG - Eng)
2. Street trees shall be provided as follows:
a. Along a minimum of one side of all internal PUD right-of-ways forty (40) feet in width or greater;
b. Along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and,
c. One canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters.
Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the County Engineer, if required, shall be used. (CO:
LANDSCAPE - Zoning)
3. All property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County
Attorney's office which shall, among other things, provide for: Formation of a single "master" property owner's association, automatic voting membership in
the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of
maintaining all common areas.
The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's
office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added
to the PUD. (PLAT: ENG - Co Att)
4. Flexible Regulations and Administrative Deviations from the required property development regulations for the residential units and their accessory
structures shall be limited to the following:
| Property Development Regulations |
Administrative Deviation or
Flexible Regulations |
Pods
|
| Front Setback |
22.5' min. |
All Pods |
** Pavers shall be provided for the driveways of all units
(DRC:ZONING)
5. Prior to final site plan certification by the Development Review Committee
(DRC), the site plan shall be amended to show a focal point at the terminus of
internal roadway, access tract, residential street (including T-intersections), or cul-de-sac consistent with the Focal Point Exhibit dated November 12, 1999.
This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain, arcade, accent landscaping with lighting or any other site
element or architectural design acceptable to the Zoning Division. (DRC: ZONING)
6. No rear, side interior or side street setback reductions may be permitted.
(DRC: ZONING)
7. Drainage easements shall not be permitted along the width and within the rear yards of the back-to-back units.
(DRC: ZONING)
8. All zero-lot line lots (units) which side yard abuts the rear yard of two (2) or more lots (units) shall be restricted to one (1) story in height.
(DRC: ZONING)
N. PLANNING
1. Prior to final site plan approval by the Development Review Committee, the Planning Division shall ensure that this site plan conforms with the plan
presented to the BCC including those recommendations of the West Boynton Area Community Plan incorporated onto the conceptual site plan and the
preliminary development plan and regulating plan dated November 12, 1999 (Rec.# 35, 37, and 40). In addition, the street cross sections shown on the
regulating plan shall be revised to indicate the types of shade trees to be planted internal to the site and along Hagen Ranch Road.
(DRC: PLANNING)
O. 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.D.3. See Pages 2 and 21-28.
3.E. STATUS REPORTS
3.E.4. PETITION 85-89
STATUS REPORT SR85-89.4 FOR RESOLUTION R-90-1440 AND R-90-1441 OF PETITION 85-89(A) (GOLDEN LAKES
PUD) OF ROBERT W.
MCDONALD, PALM BEACH APARTMENTS LTD., AND GOLDEN LAKES VILLAGE ASSOCIATION A INC. FOR A TIME EXTENSION UNTIL
OCTOBER 23, 2000. THE 21.5-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 PUD-PLANNED UNIT DEVELOPMENT. APPROVED 1-27-2000
Original Petitioner: William R. Boose III, Trustee.
Staff Recommendation: Approval of the time extension until October 23, 2000.
3.E.5. PETITION 80-173
STATUS REPORT SR80-173C.2 FOR RESOLUTION R-94-1681 OF PETITION 80-173(C) OF WAL-MART PROPERTIES, INC. #1398 FOR A TIME
EXTENSION UNTIL DECEMBER 5, 2000. THE 9.75-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF HYPOLUXO ROAD AND
MILITARY TRAIL AND IS ZONED CG-GENERAL COMMERCIAL. APPROVED 1-27-2000
Original Petitioner: Wal-Mart Stores, Inc.
Staff Recommendation: Approval of the time extension until December 5, 2000.
3.E.6. PETITION 83-18
STATUS REPORT SR83-18.6 FOR RESOLUTIONS R-83-1040 AND R-83-1041 OF PETITION 83-18
(STONEWAL ESTATES PUD) OF YVONNE E.
CAMPBELL, TRUSTEE, AND PGA NATIONAL GOLF CLUB AND SPORTS CENTER INC. FOR A TIME EXTENSION UNTIL NOVEMBER 28, 2001.
THE 983.0-ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD APPROXIMATELY 1.5 MILES WEST OF
STATE ROAD 7 (U.S. 441) AND IS ZONED RE-RESIDENTIAL ESTATE WITH A SPECIAL EXCEPTION FOR A
PUD-PLANNED UNIT
DEVELOPMENT, INCLUDING AN ON-SITE SEWAGE TREATMENT PLANT. APPROVED 1-27-2000
Original Petitioner: Peter I. B. Lavan and Phillip O'Connell, Trustee (Board of County Commissioners).
Staff Recommendation: Approval of the time extension until November 28, 2001.
3.E.7. PETITION 87-33
STATUS REPORT SR87-33A.5 FOR RESOLUTIONS R-91-246 AND R-91-247 OF PETITION 87-33(A) OF SOUTH SHORE OIL CORPORATION AND
SONNE WALTER FOR A TIME EXTENSION UNTIL DECEMBER 5, 2000. THE 0.66-ACRE PROPERTY IS LOCATED AT THE SOUTHWEST
CORNER OF WESTGATE AVENUE AND CONGRESS AVENUE IN THE WESTGATE COMMUNITY REDEVELOPMENT AGENCY AND IS ZONED
CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR A COMMERCIAL NEW AND USED
AUTOMOBILE SALE, RENTAL, AND REPAIR FACILITY TO INCREASE LAND AREA, INCREASE BUILDING SQUARE FOOTAGE, REDESIGN
THE SITE, AND INCLUDE AN AUTOMOBILE SERVICE STATION, CONVENIENCE STORE, AND CAR WASH FACILITY. APPROVED 1-27-2000
Original Petitioner: Gator Pond Properties II, Inc.
Staff Recommendation: Approval of the time extension until December 5, 2000.
3.E.8. PETITION 88-116
STATUS REPORT SR88-116.7 FOR RESOLUTIONS R-89-1048 AND R-88-1049 OF PETITION 88-116 OF ELECTRICAL ASSOCIATION, INC., AND
PROFIT SHARING PLAN & TRUST FOR A TIME EXTENSION UNTIL DECEMBER 6, 2001, TO COMMENCE DEVELOPMENT AND TO COMPLY
WITH CONDITIONS 14 AND 18 OF R-89-1049. THE 5.0-ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF FAIRGROUNDS ROAD
APPROXIMATELY 330 FEET EAST OF JOHNSON LANE AND IS ZONED IL-LIGHT INDUSTRIAL WITH A SPECIAL EXCEPTION TO PERMIT A
PID-PLANNED INDUSTRIAL DEVELOPMENT. APPROVED 1-27-2000
Original Petitioner: Electrical Association, Inc.
Staff Recommendation: Approval of the time extension until December 6, 2001.
3.E.9. PETITION 92-41
STATUS REPORT SR92-41.4 FOR RESOLUTION R-93-4 OF PETITION 92-41 OF PALM BEACH PLAZA LTD. FOR A TIME EXTENSION UNTIL
MAY 23, 2000. THE 2.6-ACRE PROPERTY IS LOCATED ON THE JOG ROAD EXTENSION BETWEEN BELVEDERE ROAD AND OKEECHOBEE
BOULEVARD AND IS ZONED CG-GENERAL COMMERCIAL. APPROVED 1-27-2000
Original Petitioner: Land Services Group, Inc.
Staff Recommendation: Approval of the time extension until May 23, 2000.
3.E.10. PETITION 96-79
STATUS REPORT SR96-79 FOR RESOLUTION R-96-1950 OF PETITION 96-79 OF BRAMS ADVENTURES, INC., FOR A TIME EXTENSION UNTIL
DECEMBER 2, 2001. THE 2.84-ACRE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF TALL PINES ROAD AND WALLIS ROAD
AND IS ZONED IL-LIGHT INDUSTRIAL. APPROVED 1-27-2000
Original Petitioner: Tidal Wave Investment Corporation, Murray Logan, and Clarence Vogel.
Staff Recommendation: Approval of the time extension until December 2, 2001.
3.E.11. PETITION 95-116
STATUS REPORT CR95-116/E3D.2 FOR RESOLUTION R-99-322 OF PETITION 95-116(A) (TOWNE PARK
PUD) OF TOWNE PARK JOINT
VENTURE FOR A TIME EXTENSION UNTIL JUNE 1, 2000, FOR CONDITION E.3.D. THE 562.5-ACRE PROPERTY IS LOCATED ON THE EAST
SIDE OF STATE ROAD 7 (U.S. 441) BETWEEN LANTANA ROAD AND HYPOLUXO ROAD AND IS ZONED
PUD-PLANNED UNIT
DEVELOPMENT. APPROVED 1-27-2000
Original Petitioner: Levitt-AN-SCA Towne Park.
Staff Recommendation: Approval of the time extension until June 1,
2000.
3.F. CORRECTIVE RESOLUTION
3.F.12. See Pages 1 and 2.
MOTION to approve the Consent Agenda as amended and adopt resolutions affirming the applicable actions. Motion by Commissioner Marcus and
seconded by Commissioner McCarty.
PUBLIC COMMENT: None
UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Masilotti absent.
***** THIS CONCLUDES THE CONSENT AGENDA *****
4. REGULAR AGENDA
4.A. ITEM PULLED FROM CONSENT AGENDA
3.D.3. RESOLUTION R-2000-0118
RESOLUTION FOR PETITION 99-41 (THE ENCLAVE
SHOPPES) OF HOME DEVELOPMENT CORPORATION, BY H. P. TOMPKINS, AGENT, FOR
AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO CC-COMMUNITY COMMERCIAL FOR THE 2.0-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WEST ATLANTIC AVENUE AND MARKLAND LANE.
(P.O.P. 638370 AND
638371) ADOPTED WITH VOLUNTARY COMMITMENTS AS AMENDED 1-27-2000
Staff Recommendation: Approval of the rezoning and adoption of a resolution affirming that action, subject to the following voluntary commitments:
A. ALL PETITIONS
1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated November
23, 1999. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet voluntary commitments
or are in accordance with the ULDC. (ONGOING: ZONING)
B. BUILDING AND SITE DESIGN
1. The property owner shall provide the City of Delray with a copy of the Palm Beach County certified site plan, and any major changes proposed to the site
plan shall be reviewed by the City. (DRC: ZONING-City of Delray)
C. LANDSCAPING ALONG EAST PROPERTY LINES (ADJACENT TO MARKLAND LANE)
1. Landscaping and buffering along the east property lines shall be upgraded to include:
a. A minimum fifteen (15) foot wide landscape buffer strip;
b. One (1) canopy tree planted every twenty (20)
feet on center;
c. One (1) palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters;
d. A minimum one (1) to two (2) foot high undulating
berm, with an average height of one and one-half (1.5) feet, measured from the top of the curb; and,
e. Thirty (30) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of
sixty (60) inches. (CO: LANDSCAPE - Zoning)
D. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO ATLANTIC AVENUE)
1. Landscaping and buffering along the north property line shall be upgraded to include:
a. A minimum twenty-eight (28) foot wide;
b. One (1) native canopy tree planted every
twenty (20) feet on center;
c. One (1) native palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters;
d. A minimum two (2) to three (3) foot high undulating
berm, with an average height of two and one half (2 ½ ) feet, measured from the top of the curb; and,
e. Thirty (30) inch high shrub or hedge material located on the plateau of the berm spaced twenty-four (24) inches on center at installation to be maintained a
minimum of sixty (60) inches in height. (CO: LANDSCAPE - Zoning)
E. ENGINEERING
1. Prior to the issuance of a building permit the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty
deed additional right of way for:
a. the construction of a right turn lane west approach on West Atlantic Avenue at Markland Lane. This right-of-way shall be a minimum of 280 feet in storage
length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer.
b. Markland Lane, 40 feet from centerline.
Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm
Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and
encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (BLDG PERMIT:
MONITORING-Eng)
2. The Property owner shall construct a right turn lane west approach on West Atlantic Ave at Markland Lane.
a. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid
by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way.
b. Permits required by Palm Beach County for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT:
Monitoring-Eng)
c. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng)
3. LANDSCAPE WITHIN MEDIAN OF WEST ATLANTIC AVENUE
a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to
landscape the adjacent median of West Atlantic Avenue Right-of-Way. This permit, to be completed by the property owner, shall name Palm Beach County as
the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification
Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting
Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards. The property owner shall also be
responsible to supplement any existing landscape material previously planted in this median and all new landscape material shall be consistent with the
landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by
the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the
property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG
PERMIT:MONITORING - Eng)
b. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All landscaping, paver block
or similar materials shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns or duly established Property Owner's
Association or maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy
approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its
successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not
limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All
landscape material shall be installed prior to the issuance of a certificate of occupancy. (CO: MONITORING-Eng)
c. If the County does not assume maintenance responsibility, the property owners documents or other restrictive covenant documents, evidencing the
maintenance obligation shall be established or amended as required and shall be approved and recorded prior to the issuance of a Building Permit. (BLDG
PERMIT: MONITORING-Eng)
F. LANDSCAPING ALONG SOUTH AND WEST PROPERTY LINES (ADJACENT TO RESIDENTIAL)
1. Landscaping and buffering shall be upgraded to include:
a. A minimum fifteen (15) foot wide buffer strip;
b. One (1) native canopy tree planted every twenty (20) feet on center;
c. One (1) native palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of sixty (60) feet between clusters;
d. Six (6) feet high screen wall setback ten (10) feet from the south and west property lines and terminating twenty-five (25) feet south of W. Atlantic Avenue
right-of-way; and,
e. Shrub or hedge material located on both sides of the wall to be maintained a minimum of sixty (60) inches in height. (CO: LANDSCAPE - Zoning)
G. SIGNS
1. Freestanding sign located at the corner of W. Atlantic Avenue and Markland Lane shall be limited as follows:
a. Maximum sign height, measured from finished grade to highest point - ten (10) feet;
b. Maximum sign face area per side - 100 square feet;
c. Maximum number of signs - one (1); and
d. Style - monument style only. (CO: BLDG)
H. LANDSCAPE - FOUNDATION PLANTING
1. Landscape islands shall be provided along the front and sides of all structures. The minimum width of the required landscape islands shall be five (5') feet.
The combined length of the required landscape islands shall be no less than 40% of the total length of the applicable side of the structure. All required
landscape islands shall be planted with a minimum of one (1) tree or palm every twenty (20) feet on center and appropriate ground cover.
(DRC: LANDSCAPE)
I. COMPLIANCE
1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part
of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County
Commissioners for review under the compliance commitment of this approval. (ONGOING: MONITORING - Zoning)
2. Failure to comply with any of the voluntary commitments 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 voluntary commitment.
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)
Planner Helen LaValley told the Board that at time of publication, staff had received two letters in support of the Enclave Shoppes project.
H. P. (Fred) Tompkins, agent, agreed to the voluntary commitments. He added that the petition had received the approval of the Western Delray Alliance
Homeowners Association.
PUBLIC COMMENT:
Brian Elliott detailed various concerns:
The trips generated from the restaurant-retail operation would aggravate the traffic flow alredy impacting the area from extensive commercial development.
The mechanics of making the U-turn into Markland Lane directly in front the Enclave planned unit development
(PUD) were dangerous and would become
more so in the event of petition approval.
Drainage has deteriorated since the Enclave PUD was built, and there was widespread area flooding during the last substantial rain. Formerly, drainage was
by way of a ditch emptying into a canal.
The Enclave PUD replaced a heavily wooded area. There should be a buffer between the Enclave Shoppes and the street. A buffer is provided for the
Enclave but not for the Markland Lane residences.
Land Development Director Ken Rogers responded that inasmuch as West Atlantic Avenue is a state road, the Florida Department of Transportation
(FDOT)
determines its median locations. FDOT has been limiting median openings along major arterial roads in favor of U-turning movements because their
experience has found that when a road has been converted from allowing lefthand movements out of side streets to forcing U-turns that the number and severity
of accidents has decreased. Therefore, he concluded, the U-turn was a safer alternative than having a median opening at Markland Lane.
Addressing the drainage issue, Mr. Rogers said that drainage for the facility will probably improve since the facility will now be required to retain a greater
portion of its runoff than what is retained in its natural condition. Agent Tompkins added that once construction is completed and drainage is operating as
designed, he foresaw no drainage problems in the area.
Ask for buffers, Planner LaValley noted there were right-of-way buffers along the east and north property lines, a 25-foot buffer along West Atlantic Avenue,
and a proposed wall and a 15-foot-wide buffer strip along the south and west property lines.
Commissioner Roberts proposed including a voluntary commitment that would offer drainage protection to the residents during a 100-year or other significant
rain or requiring the petitioner to put up a five-year bond. Following the project's completion, should drainage work well after a large rain, the bond could be
returned to the petitioner.
Mr. Rogers responded that the site will have to be designed to meet the criteria of both the County and the Lake Worth Drainage District. Consequently, there
is no reason why the project would have a negative impact on neighborhood drainage. As for the bond, Mr. Rogers said he had no idea what would be a
reasonable bond without knowing the nature of the anticipated problem.
Commissioner Aaronson acknowledged that what the petitioner was proposing was an improvement over and above what they were required to do. Moreover,
there was nothing that the Board could do to guarantee no adverse effect from a 100-year rain.
Commissioner Marcus commented that the Markland Lane residents' drainage problem was common throughout the County. It came about, she said, when
unimproved properties that serve drainage purposes are improved. She advised Mr. Elliott that he might have to look at implementing some form of drainage
program for his own property. Mr. Rogers agreed.
Mr. Elliott explained that the entire street drains into one ditch, which formerly drained into the canal. Now, because this ditch has changed in slope and grade,
runoff overflows its sides and onto the street.
Agent Tompkins noted that part of the problem was little or no drainage maintenance on Markland Lane over the years. Mr. Rogers told Commissioner Marcus
that Markland Lane was a courtesy-maintained road.
Commissioner Aaronson pointed out that flooding occurred on Markland Lane prior to any developments. He reiterated that what would take place under the
petition would be an improvement and urged the developer to work on an additional buffer.
Pam Eaker said she shared Mr. Elliott's concerns and added that during construction, the petitioner removed the swale and did not restore it. Agent Tompkins
explained that the petitioner had reconstructed the roadway's entire swale, actually increasing what existed previously.
Discussion ensued from Ms. Eaker's contention that the east property line should have the same wall treatment as the west property line. Zoning Director
Whiteford said it was not necessary to erect a wall between Markland Lane and the eastern parcel which also has commercial. The project, a one-story
building, would act as a wall, he said. On the other hand, the west side was directly adjacent to residential property.
Commissioner Roberts suggesting installing an opaque fence with plantings up to the end of the building, between the two driveways on Markland Lane. This
would probably give some satisfaction to the neighborhood, she said. Mr. Whiteford responded that staff would have to work with the petitioner in creating a
combination of berm, hedge, and fence. Ms. Roberts suggested installing the berm and hedge on the exterior of the fence facing the street. Agent Tompkins
said he had no objection to working with staff on the matter. He remarked that the petitioner was providing an extra 10-foot right-of-way on Markland Lane in
addition to a 15-foot buffer, a larger green area than what the residents were accustomed to seeing.
Commissioner Aaronson told Ms. Eaker no traffic light was planned for Sims Road because the traffic situation did not meet the warrants. There were many
other roads that needed a traffic light more than Sims Road, he said.
E. Clayton Strecker commented that the West Atlantic Avenue traffic patterns were very confusing already and disagreed that a U-turn was a safe way to
address the situation.
Mr. Whiteford read the following voluntary commitment, which would allow any combination of
berm, fence, hedge, and wall:
New Voluntary Commitment C.1.f:
The petitioner shall incorporate a wall or fence into the landscape buffer between the two driveways to achieve an overall height of eight (8) feet.
Commissioner Aaronson expressed the opinion that the project would improve property values as well as the appearance of the area.
MOTION to adopt a resolution approving the request of Petition Z99-41 for an Official Zoning Map Amendment from AR to CC, with amended
voluntary commitments. Motion by Commissioner Marcus and seconded by Commissioner McCarty.
Commissioner McCarty informed the speakers they could petition the County to do a traffic count for Sims Road. This was done about twice a year for almost
every major intersection. If there was enough traffic, a traffic light would installed; otherwise, none.
The Board made their disclosures on the petition.
Commissioner Newell asked staff to make sure the swale was done correctly. Mr. Whiteford replied that inspection personnel would be sent out.
UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Masilotti absent.
4.B. CONCURRENT SMALL SCALE LAND USE AMENDMENT AND PREVIOUSLY POSTPONED ZONING PETITION
(CLERK'S NOTE: Items 4.B.13. and 4.B.14. were considered together.)
4.B.13.
a. SMALL SCALE AMENDMENT 90 INST 1
APPLICATION 99-SCA 90 INST 1 (JOG PINES
CLF) OF THE ESTATE OF HENRY C. SUMMERS, BY BRADLEY MILLER, AGENT, FOR A SMALL
SCALE LAND USE AMENDMENT (SCA) TO AMEND LAND USE FROM LOW RESIDENTIAL 3 (LR-3) TO INSTITUTIONAL WITH AN
UNDERLYING 8 UNITS PER ACRE (INST/8) ON THE 5.31-ACRE PROPERTY LOCATED ON THE WEST SIDE OF JOG ROAD 0.5 MILE SOUTH OF
BOYNTON BEACH BOULEVARD. (P.O.P. 652010) APPROVED 1-27-2000
b. ORDINANCE 2000-0007
ORDINANCE AMENDING THE 1989 COMPREHENSIVE PLAN: ADOPTING SMALL SCALE LAND USE AMENDMENT 99-SCA 90 INST 1
(ESTATE OF HENRY C. SUMMERS); MODIFYING FUTURE LAND USE ATLAS PAGE 90 BY CHANGING A 5.31-ACRE PARCEL OF LAND
LOCATED ON THE WEST SIDE OF JOG ROAD 0.5 MILE SOUTH OF BOYNTON BEACH BOULEVARD FROM LOW RESIDENTIAL 3 (LR-3) TO
INSTITUTIONAL WITH AN UNDERLYING 8 UNITS PER ACRE (INST/8). (AMENDS ORDINANCE 89-17)
(P.O.P. 652010) ADOPTED WITH
CONDITIONS 1-27-2000
Staff Recommendation: Approval of the request, subject to the following conditions, and adoption of an ordinance affirming that action:
1. The site shall be limited to a Congregate Living Facility or other non-residential uses permitted in a residential land use category; or
2. Any other type of residential use be limited by the rules governing the LR-3 category.
Local Planning Agency Recommendation: Approval, subject to the two conditions.
4.B.14. RESOLUTION R-2000-0119
RESOLUTION FOR PETITION PDD99-65 (JOG PINES
CLF) OF THE ESTATE OF HENRY C. SUMMERS, BY BRADLEY 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 3 CONGREGATE LIVING FACILITY
(CLF) AS A REQUESTED USE ON
THE 5.31-ACRES LOCATED APPROXIMATELY 0.5 MILE SOUTH OF BOYNTON BEACH BOULEVARD ON THE WEST SIDE OF JOG ROAD.
(P.O.P. 637470 [1-6-2000]) ADOPTED WITH CONDITIONS AS AMENDED 1-27-2000
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 use as approved by the Board of County Commissioners. The approved site plan is dated October 13, 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. The exterior elevations of all buildings shall include the following:
a. Full pitched roof or a hip-on-deck roof (roof styles may vary but usually pitched roof does bring scale down if proportioned correctly with overall height)
with varied roof elevations within the same building. The varied elevations shall be accomplished by horizontally offsetting or jogging the roof plane so that all
roof lines shall not run in a continuous distance for more than 150 feet (edit as applicable to bldg footprint);
b. Varied building materials and textures (may alter according to area or neighborhood);
c. 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;
d. Combination of architectural details such as, but not limited to, stucco banding, reveals, decorative vents and louver, columns or pilasters, and/or quoins;
e. Integrated design of gutters and downspouts into the architectural design of the building;
f. Similar architectural character and treatment shall be provided on all sides of the building;
g. All roof top mechanical and electrical equipment, including satellite dishes, shall be screened from view on all sides by the parapet or roof treatment (i.e.
cupola, dormer, etc.);
h. Exterior storage areas shall be screened from view and integrated into the building design to make it compatible with the building architecture; and,
i. All building entries shall be easily identifiable and integrated into the building's architecture.
(DRC/BLDG PERMIT: ZONING/ 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 not exceed thirty-five (35) feet,
excluding unoccupied decorative architectural elements which are not the major component of the roofing system (i.e. spires, belfries, etc.). All heights shall be
measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning)
2. 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 ALONG EAST PROPERTY LINE (JOG ROAD)
1. Landscaping and buffering along the east property line shall include:
A minimum two (2) to three (3) foot high undulating berm with an average height of two and one half (2.5) feet measured from top of curb;
(CO: LANDSCAPE)
E. ENGINEERING
1. 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 Jog 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. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All existing landscape material
shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association
and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape
material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed on or before the issuance of a Certificate
of Occupancy. (CO: MONITORING-Eng)
c. Declaration of Covenants and Restriction Documents shall be established or amended as required evidencing this obligation, prior to issuance of a building
permit to reflect this obligation. (BLDG PERMIT: MONITORING-Eng)
2. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF JOG 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 for landscape cutouts within the concrete median of Jog Road Right-of-Way contiguous to the frontage. As part of this permit process, the property
owner shall enter into a Right of Way Concrete Median Cutout; Landscape and Paver Block Installation Agreement,
including appropriate Maintenance, Removal, and Indemnification of paver blocks or similar materials are permitted by the County Engineer, 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 County Engineer. (BLDG PERMIT:
MONITORING-Eng)
b. All required landscaping, including an irrigation system, the cost of cutting out the concrete median and the installation of all landscape material, and paver
block or similar materials shall be funded at the property owners expense. All landscape material, and 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. 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)
c. Property Owners Documents or other restrictive covenant documents, evidencing this 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, WEST, AND SOUTH PROPERTY LINES
1. A continuous two (2) foot high berm measured from top of curb. (CO: LANDSCAPE)
G. LWDD
1. The owner voluntarily agrees to convey to the District, either by quit claim deed or easement, the north 55 feet of Tract 33 for the required right-of-way for
the L-25 canal, less the lands owned by the District. (PLAT: ENG-LWDD)
H. PLANNING
1. Use of the site shall be limited to a Congregate Living Facility
(CLF), Type 3 or any other type of residential use in accordance with the property's previous
LR-3 land use category. (DRC/ONGOING: PLANNING)
2. Prior to final site plan approval by the Development Review Committee, the Planning Division shall ensure that this site plan conforms with the plan
presented to the BCC including those recommendations of the West Boynton Area Community Plan incorporated onto the site plan and preliminary
development plan dated October 13, 1999 (Rec. # 37, 40 and 47). In addition, the street cross section shown on the preliminary development plan shall be
revised to indicate the types of shade trees to be planted along Jog Road. (DRC: PLANNING)
3. Prior to final master plan certification by the Development Review Committee
(DRC), in order to comply with Recommendations 37, 40 and 47 from the
West Boynton Area Community Plan, the applicant shall provide street cross-section details depicting landscaped and shaded sidewalks for pedestrian and
bicycle circulation internal to the site, through the proposed CLF development. The shade trees, excluding palm trees, shall be a minimum of twelve (12) feet
in height with a minimum spread of five (5) feet and a minimum clear trunk of five (5) feet.
(DRC: PLANNING)
I. USE LIMITATION
1. The CLF shall be limited to a maximum of 101 beds.
(DRC: BUILDING/HEALTH - Zoning)
J. COMPLIANCE
1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part
of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County
Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning)
2. Failure to comply with any of the conditions of approval for the subject property at any time may result in:
a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a
Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of
any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or
b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval;
and/or
c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification
of conditions reasonably related to the failure to comply with existing conditions; and/or
d. Referral to code enforcement; and/or
e. Imposition of entitlement density or intensity.
Staff may be directed by the Executive Director of PZ&B or a majority vote of the Code Enforcement Board to schedule a Status Report before the body which
approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in
accordance with the provisions of Section 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval.
Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the
Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use,
Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth
Judicial Circuit. (MONITORING)
Planner Victoria Zinser said that at time of publication, staff had received three letters in opposition to the proposed land use amendment.
PUBLIC COMMENT: None
MOTION to approve the request of Application 99-SCA 90 INST 1 for a future land use change from LR-3 to INST/8, subject to two conditions, and
adopt an ordinance affirming that action. Motion by Commissioner McCarty and seconded by Commissioner
Aaronson.
(CLERK'S NOTE: Commissioner Masilotti joined the meeting.)
Bradley Miller, agent, agreed to the conditions.
Engineering Assistant Jim Choban directed the Board's attention to a handout containing revisions to Zoning Resolution Condition E.1. as follows:
1. LANDSCAPE WITHIN MEDIAN OF COUNTY MAINTAINED ROAD
A. Prior to technical compliance by the Land Development Division, the property owner shall apply to the Land Development Division, Permit Section, of the
Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Jog Road right-of-way and shall comply with
all permit requirements, including but not limited to indemnifying Palm Beach County. When permitted by the Land Development Division of the Palm Beach
County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the latest
revision to the Palm Beach County Engineering and Public Works Department Streetscape Standards. The property owner shall also be responsible 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 landscaping installation and maintenance requirements shall be subject to the standards as set forth by the Streetscape
Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property
owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer.
(TC: ENGINEERING)
B. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All existing landscape shall
also be the perpetual maintenance obligation of the property owner its successors, heirs or assignees or duly established Property Owner's Association and/or
Homeowner'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. The maintenance responsibility of any existing trees within the median shall also
become the responsibility of this property owner. All landscape material shall be installed concurrent with the improvements with the first plat.
(ENGINEERING)
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)
The Board made their disclosures at this time.
UPON CALL FOR A VOTE, the motion carried 7-0.
MOTION to adopt a resolution for Petition PDD99-65 for an Official Zoning Map Amendment from AR to PUD with a Type 3 Congregate Living
Facility as a requested use. Motion by Commissioner McCarty and seconded by Commissioner Marcus.
Assistant County Attorney Alterman advised that the revised condition offered by Mr. Choban belonged to the zoning resolution.
AMENDED MOTION to include the revised condition. The maker and seconder agreed. Upon call for a vote, the motion carried 7-0.
4.C. ZONING PETITIONS
4.C.15. RESOLUTION R-2000-0120
RESOLUTION FOR PETITION CA99-29 (STOP & SHOP) OF MONADYLINA PROPERTIES, INC., BY ROBERT E.
BASEHART, AGENT, FOR A
CLASS A CONDITIONAL USE (CA) TO ALLOW A CONVENIENCE STORE WITH GASOLINE SALES AND EXPANSION OF INDOOR
ENTERTAINMENT (POOL HALL) AND OFFICE USE ON THE 5.11-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STATE
ROAD 7 (U.S. 441) AND WEST ATLANTIC AVENUE. (P.O.P. 638370 AND 638371) ADOPTED WITH CONDITIONS AS AMENDED 1-27-2000
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 January
21, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval
or are in accordance with the ULDC. (ONGOING: ZONING)
B. ARCHITECTURAL CONTROL
1. Similar architectural character and treatment, including but not limited to color, material, fenestration and roof lines, shall be provided on all sides of the
buildings. (BLDG PERMIT: BLDG - Zoning)
2. The proposed buildings and gas station canopies shall be designed and constructed to be consistent with the architectural elevations by Kenneth Carlson,
Architect, P.A. dated January 7, 2000. (BLDG PERMIT: BLDG - Zoning)
3. Gas station canopies shall be designed consistent with the following standards:
a. A pitched roof with a minimum slope of 5:12;
b. Maximum height of twenty-five (25) feet from finished grade to top of the roof;
c. The clearance of each canopy shall be a maximum of sixteen (16) feet, measured from finished grade to the underside of the canopy;
d. Lighting for the canopies shall be flush mounted or recessed; and,
e. No canopy signage shall be permitted.
All canopy heights shall include air conditioning and mechanical equipment and satellite dishes and be measured from finished grade to the highest point.
(BLDG PERMIT/CO: BLDG - Zoning)
4. All proposed canopies shall have a pitched roof which are consistent to the roof treatment with the principal structures. Consistency shall include, but not
limited to, roof pitch, roof color and roof materials. (BLDG PERMIT: BLDG - Zoning)
C. BUILDING AND SITE DESIGN
1. Total gross floor area shall be limited to a maximum of 7,000 square feet with the following breakdown:
a. convenience store with gas sales - 3,000 square feet;
b. office - 2,500 square feet; and
c. pool hall -1,500 square feet.
(DRC/ENG: ZONING)
2. The maximum height for all structures( except for the gas canopies), including air conditioning, mechanical equipment and satellite dishes, measured from
finished grade to the highest point shall be one story and not exceed twenty-five (25) feet. (BLDG PERMIT: BLDG-Zoning)
3. All air conditioning and mechanical equipment including satellite dishes shall be screened from view on all sides by a visually opaque barrier consistent with
the color, character and architectural style of the principal structure or equivalent landscape material. (CO: BLDG-Zoning)
4. Restroom facilities shall be accessed only from the interior of the building. (BLDG PERMIT: BLDG - Zoning)
5. A non-mountable curb shall be provided along the non-vehicular use area of the entire site as indicated on site plan dated January 21, 2000. (BLDG
PERMIT: BLDG - Zoning)
6. Prior to DRC final certification of the site plan, the petitioner shall revise the site plan to reflect the following:
a. Provide a minimum five (5) foot wide median (with
pavers) at the access point along SR7/US441. (DRC: ZONING)
D. 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 the final site plan approval.
(DRC: HEALTH)
2. Application and engineering plans to construct a non-community well in accordance with Rule 62-555FAC and Palm Beach County
ECR-II must be
submitted to the Palm Beach County Health Department prior to final site plan approval.
(DRC: HEALTH)
E. ENGINEERING
1. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for a 40 foot corner clip at the
intersection of West Atlantic Ave & SR 7. (BLDG PERMIT: MONITORING-Eng)
2. In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule:
Building Permits for only the 12 fueling position gas station & 936 square feet of convenience store (1022 ext trips/day) shall be issued until construction has
begun for:
a. SR 7 as a 6 lane section from West Atlantic Ave to Clint Moore Road (BLDG PERMIT: MONITORING-Eng)
3. The mix of allowable uses, as permitted by the Zoning Division, listed above may be adjusted by the County Engineer only if based upon an approved Traffic
Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the
requirements of Section 5.8 of the Unified Land Development Code. (DATE:
MONITORING:Eng)
4. LANDSCAPE WITHIN MEDIAN OF STATE ROAD 7
a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to
landscape the adjacent median of SR 7right-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 February 1, 2001. (DATE: 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 - STANDARD
1. All perimeter canopy trees required to be planted on site by this approval, shall meet the following minimum standards at installation:
a. Tree height: fourteen (14) feet.
b. Trunk diameter: 3.5 inches measured 4.5 feet above grade.
c. Canopy diameter: seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip.
Each radius shall measure at least 3.5 feet in length.
d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO: LANDSCAPE-Zoning)
2. All palms 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 or more palm or pine trees may not supersede the requirement for a canopy tree in that location. (CO: LANDSCAPE-Zoning)
G. LANDSCAPING ALONG THE NORTH AND EAST PROPERTY LINES (ABUTTING SR7/US441 AND WEST ATLANTIC AVENUE)
1. Landscaping and buffering along the north and east property lines shall be upgraded to include:
a. A minimum thirty (30) foot wide landscape buffer strip (except in area where air, water, vacuum stations are located);
b. A minimum three (3) foot high continuous berm measured from the finished grade to top of
berm;
c. One (1) canopy tree planted every thirty (30) feet on center;
d. One (1) palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and,
e. Twenty four (24) inch high shrub or hedge material shall be spaced no more than twenty four (24) inches on center and maintained at thirty six (36) inches
high. A minimum of 40 % of the above shrub or hedge materials shall be planted on the plateau of the
berm. (CO: LANDSCAPE)
H. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (ABUTTING PROPANE GAS SALES)
1. Landscaping and buffering along the south property line shall be upgraded to include:
a. A minimum fifteen (15) foot wide landscape buffer strip along the east 270 feet of the south property line and a minimum ten (10) foot wide landscape buffer
strip along the remaining 259 feet of the south property line; and
b. One (1) canopy tree planted every thirty (30) feet on center;
c. One (1) 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 and maintained at seventy two (72) inches high. (CO:
LANDSCAPE)
I. LANDSCAPING ALONG THE WEST PROPERTY LINE (ABUTTING POST OFFICE)
1. Landscaping and buffering along the west property line shall include:
a. A minimum ten (10) foot wide landscape buffer strip;
b. One (1) canopy tree planted every thirty (30) feet on center;
c. One (1) 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 and maintained at seventy two (72)inches high. (CO:
LANDSCAPE)
J. LANDSCAPING - INTERIOR
1. A minimum of one (1) landscape island shall be provided for every ten (10) parking spaces. The maximum spacing between landscape islands shall not
exceed one hundred (100) linear feet. (DRC: ZONING)
2. Landscaping shall be provided in the open space area west of the western vehicular driveway and south of the loading/oversized vehicle parking and shall
include the following:
a. A minimum of eleven (11) canopy trees with a maximum spacing of thirty (30) feet on center;
b. A minimum of nine (9) palms, in groups of three (3). (CO: LANDSCAPE)
3. Foundation planting or grade level planters shall be provided along the front and side facades of all structures (excluding area under canopy) to consist of the
following:
a. The minimum width of the required landscape areas shall be five (5) feet;
b. The length of the required landscaped areas shall be no less than 50% of the total length of each side of the structure; and,
c. Landscape areas shall be planted with a minimum equivalent of one (1) tree or palm for each twenty (20) linear foot of building facade and appropriate
ground cover. (DRC / CO: ZONING / LANDSCAPE)
4. Landscaping shall be provided in the area west of the Convenience store and shall include the following:
a. The minimum planting area shall be fifteen (15) feet in width x sixty (60) feet in length;
b. A minimum of three (3) canopy trees with a maximum spacing of thirty (30) feet;
c. A minimum of six (6) palms, in groups of three (3);
d. Appropriate ground cover shall also be installed in the entire planting area. (CO: LANDSCAPE)
K. 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. (BUILDING-Zoning)
3. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING:
CODE ENF)
L. SIGNS
1. Freestanding point of purchase sign shall be limited as follows:
a. Maximum sign height, measured from finished grade to highest point - ten (10) feet;
b. Maximum sign face area per side - 100 square feet;
c. Maximum number of signs - one (1);
d. Style - monument style only; and
e. Location - intersection of SR7/US441 and Atlantic Avenue. (CO/BLDG PERMIT: BLDG)
2. Wall signage shall not be permitted on the south and west facades of the Convenience store and the Pool Hall/Office building. (CO/BLDG PERMIT: BLDG)
3. No advertising flags, pennants, banners, streamers, balloons, objects, gimmicks or similar signs designed to attract the attention of the general public shall be
permitted outdoors on any building, vehicle or wall. (ONGOING: CODE ENF - Zoning).
4. No off-premise signs or relocated billboards shall be permitted on the site.
(ONGOING/DRC: CODE ENF/ZONING)
M. USE LIMITATIONS
1. Repair or maintenance of vehicles shall not be permitted on site. (ONGOING: CODE
ENF)
2. No overnight parking of trucks and trailers shall be permitted on site. (ONGOING: CODE
ENF)
3. The owner of the gas sales facility shall provide air and water to the public at no charge.
(DRC/ONGOING: ZONING/CODE ENF)
4. Parking of oversized vehicles or trucks shall not be permitted on site except within the designated spaces as indicated on the site plan dated November 23,
1999. (ONGOING: CODE ENF)
5. Storage or placement of any material, refuse, equipment or debris shall not be permitted in the rear of the facility. (ONGOING: CODE ENF - Zoning)
6. Outdoor retail activities or vendors shall not be allowed on site. (ONGOING: CODE ENF - Zoning)
N. 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)
Site Planner Maryann Kwok submitted a revised site plan and the following condition changes, which arose from the Zoning Commission hearing:
Revised Condition A.1:
Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated November
23, 1999 January 21, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet
conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)
(CLERK'S NOTE: The revision had already been made in Condition A.1.)
Revised Condition C.5:
A non-mountable curb shall be provided along the non-vehicular use area of the entire site as indicated on site plan dated November 23, 1999 January 21,
2000. (BLDG PERMIT: BLDG - Zoning)
(CLERK'S NOTE: The revision had already been made in Condition C.5.)
Revised Condition C.6:
Prior to DRC final certification of the site plan, the petitioner shall revise the site plan to reflect the following:
a. Provide a minimum five (5) foot wide median excluding curbs (with pavers) with planting at the access point along SR7/US441.
b. Reduce paving in the fueling/pumps area.
c. Relocate dumpster area.
(DRC: ZONING)
Revised Condition H.1:
Landscaping and buffering along the south property line shall be upgraded to include:
a. A minimum fifteen (15) foot wide landscape buffer strip; along the east 270 feet of the south property line and a minimum ten (10) foot wide landscape buffer
strip along the remaining 259 feet of the south property line; and
[CLERK'S NOTE: The following condition does not appear in the original conditions of approval but appears, without underlining, in the handout as Condition
H.1.b. The numbering of the following three conditions is shown revised in the handout with neither strikeout nor underline.]
b. A minimum two (2) foot high continuous berm measured from the finished grade to top of
berm; and
c[b].One (1) canopy tree planted every thirty (30) feet on center;
d[c].One (1) pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and,
e[d].Thirty (30) inch high shrub or hedge material installed on the plateau of the
berm. Shrub or hedge material shall be spaced no more than twenty four
(24) inches on center and maintained at forty eight (48) seventy two (72) inches high. (CO: LANDSCAPE)
(CLERK'S NOTE: The revisions had already been made in Condition H.1.e[d].)
Revised Condition I.1:
Landscaping and buffering along the west property line shall include:
a. A minimum ten (10) twenty (20) fifteen (15) foot wide landscape buffer strip;
(CLERK'S NOTE: The original Condition I.1.a contained a 10-foot-wide buffer strip.)
(CLERK'S NOTE: The following condition does not appear in the original conditions of approval but appears, without underlining, in the handout as Condition
I.1.b. The numbering of the following three conditions is shown revised in the handout with neither strikeout or underline.)
b. A minimum two (2) foot high continuous berm measured from the finished grade to top of
berm.
c[b].One (1) canopy tree planted every thirty (30) feet on center;
d[c].One (1) pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of sixty (60) feet between clusters; and
e[d].Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center and maintained at seventy two (72)inches high.
(CO: LANDSCAPE)
New Condition J.5:
Landscaping shall be provided in the area on both sides of the access driveway adjacent to SR7/US441 and shall include the following on each side:
a. A minimum of two (2) canopy trees with a maximum spacing of thirty (30) feet;
b. A minimum of three (3) palms. (CO: LANDSCAPE)
Richard E. Basehart, agent, said the conditions were acceptable.
The Board made no disclosures.
MOTION to adopt a resolution approving the request of Petition CA99-29 for a Class A Conditional Use to allow a convenience store with gasoline
sales and expansion of indoor entertainment and office use. Motion by Commissioner McCarty and seconded by Commissioner
Aaronson.
PUBLIC COMMENT: None
UPON CALL FOR A VOTE, the motion carried 7-0.
4.C.16. PETITION 83-153
PETITION DOA83-153(C) (VICTORIA WOODS PLANNED UNIT DEVELOPMENT) OF CORONA LAND DEVELOPMENT INC., BY JULIAN
BRYAN, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE MASTER PLAN AND REDESIGNATE
HOUSING TYPES ON 63.38 ACRES OF THE 164.62-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE EAST OF JOG ROAD ON THE
SOUTH SIDE OF SUMMIT BOULEVARD. (P.O.P. 638370 AND 638371) POSTPONED TO FEBRUARY 24, 2000 -- 1-27-2000
Staff Recommendation: Approval of the development order amendment and adoption of a resolution affirming that action, subject to the following conditions:
A. ALL PETITIONS
1. Condition 1 of Resolution 89-1237, Petition 83-153(B) which currently states:
All previous conditions of approval shall apply.
AND
Condition 1 of Resolution R-87-1177, Petition 83-153(A) which currently states:
The developer shall comply with all previous conditions of approval unless expressly modified herein.
Are hereby amended to read:
All previous conditions of approval applicable to the subject property, as contained in Resolutions R-84-350 (Petition 83-153), R-87-1177 (Petition 83-153
(A)), and R-89-1237 (Petition 83-153(B)) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and
deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING:
MONITORING - Zoning)
2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The conceptual site plan is dated
November 18, 1999 and the approved preliminary development plan is dated December 1, 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. Diversity of architectural elevation and exterior color scheme shall be required for the zero-lot line units within Phase IIIB by complying with the following:
a. No identical homes shall be placed next to one another (i.e. same elevation with same exterior color scheme); and,
b. No more than three (3) homes with the same elevation shall be placed next to each other; and,
c. No more than three (3) homes with the same exterior color scheme may be placed next to each other.
A monitoring report with updated information shall be submitted by the developer with each building permit application to ensure compliance with this
condition. This obligation shall be included in the Homeowners Association's documentation. (BLDG PERMIT/CO: BLDG - Zoning)
2. The proposed residential buildings within Phases IIIB and IV within the affected areas of this petition, 83-153(C), shall be designed and constructed to be
similar to the facade elevations contained in the five (5) Welcome Home single-family models and four (4) townhouse models submitted by Continental
Homes of Florida, Inc. dated November 5, 1999. Modifications to the architectural treatments may be permitted provided all of the following are met:
a. The architectural treatments are equal to or an upgrade in aesthetic and performance above the original architectural treatment;
b. The architectural treatments are complementary to the existing residences;
c. The architectural treatments are approved by the Zoning Review Section of the Zoning Division. (BLDG PERMIT: BLDG - Zoning)
C. BUILDING AND SITE DESIGN
1. Prior to certification, the proposed Master Plan shall be amended to reflect the following:
a) description of the recreation amenities to be provided for this development.
b) a six-foot high solid cypress concrete-anchored fence along the entire west property line except for segments for which the owners of adjoining properties
have submitted a written objection to such fence. [Not applicable to current petition, 83-153(C)]
c) single family development only, along the entire South boundary of the site. (Previously Condition 9 as amended by Resolution R-87-1177, Petition 83-153(A))
(DRC: ZONING - Parks)
2. The developer shall acknowledge the existence of the agricultural uses located to the West in all sales literature contracts. (Previously Condition 10 of
Resolution R-84-0350, Petition 83-153) (ONGOING: CODE ENF - Zoning)
3. The developer shall be bound to the approved master plan with no residential development permitted in open space tracts. The petitioner may be permitted
minor changes as permitted by Section 402.7 of the Zoning Code. (Previously Condition 5 of Resolution 89-1237, Petition 83-153(B))
(DRC: ZONING)
D. ENVIRONMENTAL RESOURCES MANAGEMENT
1. A site plan, including a planting plan and section, showing the designation of a Littoral Zone
surrounding the Water Management Tracts shall be submitted for approval to Environmental Resource
Management and Palm Beach County Engineering prior to site plan certification. (Previously Condition 4 of
Resolution 89-1237, Petition 83-153(B)) (DRC: ERM/ENG)
2. An Exotic Vegetation Removal Plan for the PUD shall be submitted to Environmental Resources Management
for review and approval prior to DRC Master Plan certification. (DRC: ERM)
E. ENGINEERING
1. Condition 1 of Resolution R-84-0350, Petition 83-153 which currently states:
This development shall retain onsite the first one inch of the stormwater runoff per Palm Beach County
Subdivision and Platting Ordinance 73-4, as amended.
Is hereby deleted. [REASON: code requirement]
2. The developer shall construct on Summit Boulevard at the project's entrance concurrent with the first
plat:
a) Left turn lane, east approach.
b) Right turn lane, west approach. (Previously Condition 2 of Resolution R-84-0350, Petition 83-153)
(PLAT: ENG) [Completed]
3. The developer shall install signalization at the intersection of Summit Boulevard and the project's
entrance road when warranted as determined by the County Engineer, however in no event later than five
years after the issuance of the final Certificate of Occupancy. If signalization is not required prior to
the issuance of the 700th Building permit; the developer shall post a bond to cover the cost of
signalization. (Previously Condition 3 of Resolution R-84-0350, Petition 83-153) (ONGOING/DATE/BLDG
PERMIT: MONITORING - Eng)
4. Under the provisions of Ordinance 81-6 this project has been reviewed as Category "B". The developer
must construct roadway improvements to offset the project's impact at the intersection of Southern
Boulevard & Haverhill Road. Based upon the amount of traffic generated by this development the developer
shall contribute Four Hundred Thousand Dollars ($400,000.00), (at the rate of $500.00 per dwelling unit),
in order to complete Palm Beach County's Haverhill Road Bridge program. [Completed]
This project shall be limited to 238 dwelling units until a contract has been let for the Haverhill Road
Bridge over the Palm B each Canal. Palm Beach County shall fund the remainder of the cost necessary to
complete this project to limit the exposure of this developer to Four Hundred Thousand Dollars
($400,000.00). This money shall be made available by the developer within 3 years of Special Exception
approval. [This portion may be deleted since bridge is already widened]
Palm Beach County shall enter into a formal contract with the developer prior to the issuance of the
Building Permit, or within 12 months of Special Exception approval, whichever shall first occur in order
to guarantee construction of this bridge. (Previously Condition 4 of Resolution R-84-0350, Petition 83-153) (DATE/BLDG PERMIT: MONITORING - Eng)
5. Condition 5 of Resolution R-84-0350, Petition 83-153, which currently states:
Credit shall be applied toward the "Fair Share" fee for this development based upon the bridge
construction as outlined in Condition #4 above.
Should the developer seek to obtain building permits prior to the letting of a contract for the Haverhill
Road Bridge, the developer shall post surety in the amount of $200.00 per dwelling unit. These monies or
surety shall then be returned to the developer after completion of the bridge construction, as outlined in
Condition #4 above.
Is hereby deleted. [REASON: code requirement]
6. The property owner shall provide Palm Beach County a road drainage easement within the project's
internal drainage system which is adjacent to the property capable of accommodating all runoff from those
segments of Summit Boulevard along the property frontage and for a maximum 400 foot distance each side of
the property boundary lines along Summit Boulevard. The drainage system within the project shall have
sufficient retention/detention capacity to meet the storm water discharge requirements of the applicable
County Control District and South Florida Water Management District. The design of the system shall
assume the ultimate Thoroughfare Plan Section road drainage runoff. (Previously Condition 3 of Resolution
R-87-1177, Petition 83-153(A)) (ENG)
F. LANDSCAPING - STANDARD
1. All canopy trees required to be planted on site by this approval, except on individual residential
lots, shall meet the following minimum standards at installation:
a. Tree height: Twelve (12) feet
b. Trunk diameter: 2.5 inches measured 3 feet above grade;
c. Canopy diameter: Six (6) feet. Diameter shall be determined by the average canopy radius at 3 points
measured from the trunk to the outermost branch tip. Each radius shall measure at least 3 feet in length;
and,
d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (CO:
LANDSCAPE - Zoning)
2. All palms required to be planted on site by this approval, except on individual residential lots, shall
meet the following minimum standards at installation:
a. Palm heights: Twelve (12) feet clear trunk;
b. Clusters: Staggered heights twelve (12) to eighteen (18) feet; and,
c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (CO:
LANDSCAPE - Zoning)
3. A group of three (3) or more palm or pine trees may not supersede the requirement for perimeter canopy
tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)
- All internal PUD buffers between pods shall be approved by the Development Review Committee
(DRC) in
accordance with the ULDC, unless otherwise stated herein. (DRC: ZONING)
- Prior to final certification of the revised Preliminary Development Plan
(PDP) for the affected area of
petition, 83-153(C), a tree survey meeting requirements of the ULDC shall be submitted for the first
fifteen (15) feet of the boundaries of the proposed unplatted preservation areas and the entire proposed
developable areas within Phase IIIB. This survey shall be used for supplemental plantings within the
required perimeter, internal right-of-way and incompatible buffers, or maximum tree preservation within
the developable areas of Phase IIIB. (DRC: ZONING - ERM)
G. LANDSCAPING WITHIN THE LIMITS OF PETITION 83-153(C)
1. In addition to the ULDC landscape buffer location, width, and planting requirements, the affected areas
of Petition, 83-153(C), shall be upgraded to include:
a. Relocated or new canopy trees shall be installed to supplement the existing native vegetation within
the gaps or openings of the first fifteen (15) foot width of the preserved area boundaries. Gaps or
openings between trees or palms shall not exceed thirty (30) feet. 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 preserved areas;
b. A minimum twenty-five (25) foot buffer along the western limits of Phase IV; and,
c. Minimum thirty (30) inch high shrub or hedge material shall be installed in the required locations.
The spacing and minimum maintenance height of the shrub or hedge material shall be pursuant to the
ULDC.
(CO: LANDSCAPE)
H. LAKE WORTH DRAINAGE DISTRICT
1. The property owner shall convey, either by easement or deed, to the Lake Worth Drainage District, the
North 70 feet of the Northwest Quarter (NW 1/4) of Section 11-44/42 for Lateral Canal No. 6 and the South
45 feet of the Northwest Quarter (NW 1/4) if said Section 11 for Lateral Canal No. 7 and the West 20 feet
of the East 60 feet of the Northwest Quarter (NW 1/4) of said Sec. 11 for Equalizing Canal No. 3.
(Previously Condition 8 of Resolution R-84-0350, Petition 83-153) (PLAT: ENG -
LWDD) [Completed]
I. HEALTH
1. Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site.
(Previously Condition 2 of Resolution 89-1237, Petition 83-153(B)) (ONGOING: HEALTH)
2. Water service is available to the property. Therefore, no well shall be permitted on the site to
provide potable water. (Previously Condition 3 of Resolution 89-1237, Petition 83-153(B)) (ONGOING:
HEALTH)
3. The developer shall take reasonable precautions during the development of this project to insure that
fugitive particulates (dust particles) from this project do not become a nuisance to neighboring
properties. (Previously Condition 6 of Resolution R-84-0350, Petition 83-153) (ONGOING: CODE
ENF)
4. The developer shall take necessary measures during the development of this property to prevent
pollutant runoff to neighboring and nearby surface waters. (Previously Condition 7 of Resolution R-84-0350, Petition 83-153) (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 a building permit for the 85th unit within Phases IIIB and IV. The petitioner shall
accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating
additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include,
at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property
or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops
located on private property or in common areas shall be the maintenance responsibility of the property
owner. (BLDG PERMIT: MONITORING - Eng)
K. PLANNED UNIT DEVELOPMENT
1. Decorative street lights shall be provided pursuant to Section 6.8.A.23.c(1) of the
ULDC, subject to
approval by the County or City Engineer. (CO: BLDG - Eng)
2. Street trees shall be provided as follow:
a. Along one side of all internal PUD right-of-ways forty (40) feet in width or greater;
b. Along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and,
c. At one canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty
(60) feet between clusters.
Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the
County Engineer, if required, shall be used. (CO: LANDSCAPE - Zoning)
3. All property included in the legal description of the petition shall be subject to a Declaration of
Restrictions and Covenants acceptable to the County Attorney's office which shall, among other things,
provide for: Formation of a single "master" property owner's association, automatic voting membership in
the master association by any party holding title to any portion of the subject property, and assessment
of all members of the master association for the cost of maintaining all common areas.
The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the
Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat
for any portion of the planned development. This Declaration shall be amended when additional units are
added to the PUD. (PLAT: ENG - Co Att)
4. Additional guest and overflow parking spaces shall be provided at a ratio of one (1) per every ten (10)
units within the townhouse pod(s) within Phase IIIB. These spaces shall be uniformly distributed within
the each pod and be located within 200', measured by the path of travel, of the units which they will be
serving. No more than thirty (30) percent of the additional parking spaces may be located within the
recreation parcels. (DRC/CO: ZONING/BLDG)
5. Recreation uses provided in accordance with Section
6.8.B.4.A.(6)(b)(i) of the ULDC shall be located on
a minimum of 0.1 acre and shall be located within Phase IIIB consistent with the conceptual site plan
dated November 18, 1999. Such recreation uses shall have a direct connection to the pedestrian system
within the project and include a tot lot, gazebo, fitness station, rest station, or similar recreation
amenity subject to approval of the Zoning Division. These recreation areas shall not be used towards the
Parks and Recreation Department's minimum recreation requirement or be located within land areas
designated for drainage, stormwater management or other utility purposes. (DRC/PLAT: ZONING)
6. 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 |
Phase IIIB* |
| Lot Width/Frontage (Interior ZLL
lots only) |
40' minimum |
x |
| Minimum Lot Size
(ZLL units only) |
4,050
s.f. minimum |
x |
* Pavers shall be provided for the driveways of all units
7. Prior to final site plan certification by the Development Review Committee
(DRC), the site plan shall
be amended to show a focal point at the terminus of internal roadway, access tract, residential street
(including T-intersections), or cul-de-sac as shown on the conceptual site plan dated November 18, 1999.
This focal point shall be pedestrian oriented public areas and shall be in the form of a plaza, fountain,
arcade, accent landscaping with lighting, or any other site element or architectural design acceptable to
the Zoning Division. (DRC: ZONING)
8. No rear, side interior or side street setback reductions may be permitted excluding lots adjacent to
lake tracts or open space as permitted by the ULDC. (DRC: ZONING)
9. Drainage easements shall not be permitted along the width and within the rear yards of the back-to-back
units within the affected areas of this petition (83-153(C)). (DRC: ZONING)
10. All zero-lot line lots (units) which side yard abuts the rear yard of two (2) or more lots (units)
shall be restricted to one (1) story in height. (DRC: ZONING)
L. SCHOOL BOARD
1. The subject development shall post a notice of annual boundary school assignments for students from
this development. The District will provide an 11" X 17" sign to be posted in a clear and visible
location in all sales offices and models.
"NOTICE TO HOME BUYERS/TENANTS"
"School age children may not be assigned to the public school closest to their residents. School Board
policies regarding overcrowding, racial balance or other boundary policy decisions affect school
boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434-8100 for
the most current school assignment(s)." (ONGOING: SCHOOL BOARD)
M. 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. Condition 6 of Resolution 89-1237, Petition 83-153(B) which currently states:
Failure to comply with any conditions of approval may result in the denial or revocation of a building
permit; the issuance of a stop work order; the denial of a Certificate of Occupancy on any building or
structure; or the denial or revocation of any permit or approval for any developer-owner, commercial-owner, lessee, or user of the subject property. Appeals from such action may be taken to the Palm Beach
County Board of Adjustment or as otherwise provided in the Palm Beach County Zoning Code.
Is hereby amended to read:
Failure to comply with any of the conditions of approval for the subject property at any time may result
in:
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
mendment, 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)
Zoning Director Whiteford said that staff neither objected to nor favored the petitioner's request for a
postponement received the previous Monday.
Julian Bryan, agent, addressed the Board:
The principal reason for the postponement request was a disagreement with staff concerning Condition E.6, which had been carried over from the original
1983 development order. The condition required the development to accept drainage runoff from Summit Boulevard for its entire frontage in addition to the
customary 400 feet on either side of the project's boundary lines on Summit Boulevard. The petitioner believed that the condition had been met.
Research into the Engineering design drawings for the five-lane roadway indicate drainage into the Lake Worth Drainage District swale easement paralleling
the south side of Summit Boulevard (which was originally conveyed to the County by the seller's predecessor in title).
The petitioner had met with staff to seek deletion of Condition E.6 along with resolution of one or two other issues. In this the petitioner was unsuccessful,
primarily because Roadway Production contended the drainage might need to be altered in the future.
Mr. Whiteford remarked that a postponement would give the petitioner sufficient time to try to persuade Engineering personnel to their opinion. Zoning staff
had asked the petitioner to address a fence issue and certain corrections that needed to be made in the development's recreation areas. The residents support the
corrections, he said, and the petitioner has indicated willingness to continue to work with staff in the completion of those items.
Commissioner Masilotti said he would not support any more building in the development until certain recreational facility repairs were made, such as fencing
around the pool and fencing around the facility itself.
Mr. Bryan responded that the homeowners association management company oversaw a $200,000 operating account. The petitioner has pledged to work with
the homeowners on the community's longstanding problems and has committed to spend $5,000, if necessary, to repair fence pickets, to replace wheel stops,
and to repair the sink and lab in the cabana rest rooms.
Mr. Masilotti asked whether County staff or the petitioner made the decision as to what was necessary.
Mr. Bryan replied that it was certainly necessary to repair what needed to be repaired. Funds were available in the account, and homeowners needed to
volunteer to join the board, which was essentially defunct, in order to represent the board. As a practical matter, he continued, the present owners are basically
doing nothing.
PUBLIC COMMENT:
Michael Gatchell agreed to a 30-day postponement in order to resolve outstanding issues.
MOTION to POSTPONE Petition DOA83-153(C) for 30 days (February 24, 2000). Motion by Commissioner Masilotti and seconded by
Commissioner Roberts.
The Board made their disclosures at this time.
UPON CALL FOR A VOTE, the motion carried 7-0.
5. DIRECTOR COMMENTS
5.A. ZONING DIRECTOR
5.A.17.
CHANGE OF ZONING MEETING DATE FROM JUNE 22, 2000, TO JUNE 29, 2000. DISCUSSED 1-27-2000
Zoning Director Whiteford informed the Board that the June 22, 2000, Zoning meeting had been rescheduled for June 29, 2000, because of a lack of a quorum
on the earlier date.
5.A.18.
PRELIMINARY READING AND ADVERTISE FOR PUBLIC HEARING OF AN ORDINANCE AMENDING ORDINANCE 92-20, KNOWN AS THE
UNIFIED LAND DEVELOPMENT CODE (ULDC) - REVISION OF THE DATE OF FIRST READING FROM JANUARY 25, 2000, TO FEBRUARY 15,
2000. THE SECOND, OR ADOPTION, READING WOULD OCCUR ON MARCH 21, 2000. DISCUSSED 1-27-2000
Zoning Director Whiteford stated that the date of the first reading of the ordinance had been changed from January 25, 2000, to February 15, 2000, and that the
second, or adoption, reading would take place on March 21, 2000. He told Commissioner Newell that the pawnshop regulation changes had been received too
late to be included in the ordinance but would be part of the amendment round later in the year.
(CLERK'S NOTE: Commissioner Aaronson left the meeting.)
5.A.19.
MANAGED GROWTH TIER SYSTEM
(MGTS) IMPLEMENTATION SCHEDULE. APPROVED THE SCHEDULE AND DIRECTED STAFF TO MOVE
FORWARD WITH A REQUEST FOR QUALIFICATIONS (RFQ) PROCESS 1-27-2000
Zoning Director Whiteford turned the presentation over to Principal Planner Anne Proctor.
Ms. Proctor stated that Florida Statutes mandate that the County adopt a schedule to bring the Unified Land Development Code into compliance with the
Comprehensive Plan, including the MGTS approved in 1999. Such a schedule was included in the backup packet, she said, along with a request that
consultants be hired to assist staff with the implementation.
Ms. Proctor announced that Planner Aimee Craig who had worked on the MGTS amendments with the Planning Division had joined the Zoning Division as
project manager for the undertaking.
Ms. Craig said that in order to move forward, the Board needed to approve the MGTS implementation schedule and to direct staff to proceed with the request
for qualifications (RFQ) for consultant.
MOTION to approve the MGTS implementation schedule and to direct staff to move forward with the
RFQ. Motion by Commissioner Masilotti and
seconded by Commissioner Marcus.
Mr. Whiteford pointed out that the project was a nonbudgeted item and that at some point in the future, staff would return to the Board to budget responses to
proceed based on the RFQ. He anticipated a need of $100,000 to $250,000 from a contingency fund.
Commissioner Roberts asked staff to clarify which contingency fund they wished to use and to bring that information back to the Board for their decision.
Planning, Zoning and Building Executive Director Dominic Sims said that would be done.
Commissioner Masilotti expressed discomfort with the variance in anticipated funding. Mr. Sims said staff would try to get firmer numbers as proposals come
back and would bring that information to the Board at the next opportunity.
UPON CALL FOR A VOTE, the motion carried 6-0. Commissioner Aaronson absent.
5.B. PLANNING DIRECTOR - None
6. COMMISSION COMMENTS - None
7. ADJOURNMENT
The Chair declared the meeting adjourned at 10:43 p.m.
ATTESTED: APPROVED:
Clerk Chair
