MEETING: BOARD OF COUNTY COMMISSIONERS, ZONING MATTERS

CALL TO ORDER: Board of County Commissioners sitting for the purpose of exercising zoning powers, Zoning Meeting of April 27, 2000, at 9:36 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.

1.A. ROLL CALL

MEMBERS AND OFFICERS PRESENT:

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

1.B.1. PRAYER - Commissioner Lee

1.B.2. PLEDGE OF ALLEGIANCE

1.C. REMARKS OF THE CHAIR

The Board of County Commissioners has convened to consider the following applications for Future Land Use Map Amendments, Official Zoning Map Amendments, Conditional Uses, Planned Developments, Development Order Amendments, Waiver Requests, Status Reports for Compliance with Time Limitations and Conditions of Approval, and the recommendations of the Land Use Advisory Board and Zoning Commission pursuant to Chapter 163, Florida Statutes; Chapter 125, Florida Statutes; the Palm Beach County Comprehensive Plan; the Palm Beach County Unified Land Development Code; and other authority vested in the Board. This meeting is being held on April 27, at 9:30 a.m., in the County Commission Chambers, 6th Floor, 301 North Olive Avenue, West Palm Beach, Florida.

1.D. PROOF OF PUBLICATION APPROVED 4-27-2000

MOTION to receive and file Proofs of Publication 652689, 652912, 700422, and 700423, Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 5-0. Commissioners Newell and Roberts absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 652501 [2-24-2000] and 693574 and 700900 [3-23-2000]. These public hearings were continued to today's meeting.)

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

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

1.F. ADOPTION OF AGENDA

MOTION to adopt the Agenda. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 6-0. Commissioner Newell absent.

1.F.1. AMENDMENTS TO AGENDA

Page Item Petition/Change

4 3.B.7. Petition Z/CA99-90 (E&H Self Storage):

Modify Condition E.4.

5 3.D.13. Petition DOA97-78(A) (CIBA-Geigy PUD, nka Ponte Vecchio):

Modify Condition B.2.

6 3.D.15. Petition Z/COZ2000-7 - Glades Square:

Modify Condition B.2.

1.G. DISCLOSURE - This was done at the individual items. Disclosures on Consent Agenda items were made together; see Page 81.

I.H. UNSCHEDULED ITEMS - None

POSTPONEMENTS AND WITHDRAWALS - See Pages 2-4.
CONSENT AGENDA - See Pages 4-81.

4. REGULAR AGENDA - See Pages 81-114.

5. DIRECTOR COMMENTS

ZONING DIRECTOR COMMENTS - See Pages 114-116.

PLANNING DIRECTOR COMMENTS - None

COUNTY ENGINEER COMMENTS - None.

6. COMMISSION COMMENTS - See Page 116.

7. ADJOURNMENT - See Page 116.

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2. POSTPONEMENTS AND WITHDRAWALS

2.A. POSTPONEMENTS

2.A.1. PETITION 96-81

PETITION DOA96-81(A) (VILLAGES OF WINDSOR) OF AN-SCA HOMES, BY JOE LELONEK, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE MASTER PLAN AND REDESIGNATE THE HOUSING-TYPE PETITION FOR THE 577.46-ACRE PROPERTY LOCATED AT THE NORTHEAST, SOUTHEAST, AND SOUTHWEST CORNERS OF HYPOLUXO ROAD AND LYONS ROAD. (P.O.P. 700422 AND 700423) POSTPONED TO MAY 25, 2000 -- 4-27-2000

Staff Recommendation: Postponement until May 25, 2000. Postponement requested by petitioner, by right; no motion required.

2.A.2. PETITION 99-77

PETITION PDD99-77 (OKEECHOBEE/441 PUD) OF ARTHUR LEIBOVIT, HELEN GODFRIEND, AND IRVING DENMARK, BY LAND DESIGN SOUTH, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 37.82-ACRE PROPERTY LOCATED APPROXIMATELY 375 FEET EAST OF STATE ROAD 7 (U.S. 441) ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD. (P.O.P. 700422 AMD 700423) POSTPONED TO MAY 25, 2000 -- 4-27-2000

Staff Recommendation: Postponement until May 25, 2000. Postponement requested by petitioner, by right; no motion required.

2.A.3. PETITION 99-18

PETITION PDD99-18(A) (LANTERN KEY PUD) OF TOWN & COUNTRY BUILDERS, BY H. P. TOMPKINS, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 37.45-ACRE PROPERTY LOCATED APPROXIMATELY 0.2 MILE WEST OF MILITARY TRAIL ON THE NORTH SIDE OF HYPOLUXO ROAD. (P.O.P. 693574 [3-23-2000]) POSTPONED TO MAY 25, 2000 -- 4-27-2000

Staff Recommendation: Postponement until May 25, 2000. Postponement requested by petitioner.

2.A.4. PETITION 98-13

PETITION DOA98-13(A) (MILITARY & LANTANA MULTIPLE USE PLANNED DEVELOPMENT) OF SOUTHERN DEVELOPMENT SERVICES, INC., BY ROBERT A. BENTZ, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO ALLOW A GENERAL DAY-CARE FACILITY AS A REQUESTED USE ON THE 8.11-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MILITARY TRAIL AND LANTANA ROAD. (P.O.P. 700422 AND 700423) POSTPONED TO MAY 25, 2000 -- 4-27-2000

Staff Recommendation: Postponement until May 25, 2000. Postponement requested by petitioner.

2.A.5. PETITION 99-74

PETITION PDD99-74 (PALM BEACH SPEEDWORLD) OF JOHN JANERO AND NANCY THORNTON, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM IL-LIGHT INDUSTRIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH AN ARENA, AUDITORIUM, OR STADIUM; AN OUTDOOR ENTERTAINMENT; A COMMERCIAL EQUESTRIAN ARENA; AND A WATER AND WASTEWATER TREATMENT FACILITY AS REQUESTED USES ON THE 79.9-ACRE PROPERTY LOCATED APPROXIMATELY 0.7 MILE NORTH OF THE BEELINE HIGHWAY ON THE EAST SIDE OF SEMINOLE PRATT WHITNEY ROAD. (P.O.P. 652501 [2-24-00]) POSTPONED TO JUNE 29, 2000 -- 4-27-2000

Staff Recommendation: Postponement until June 29, 2000. Postponement requested by staff.

No backup provided.

MOTION to POSTPONE Items 2.A.1., 2.A.2., 2.A.3., 2.A.4., and 2.A.5. to the dates indicated. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Newell absent.

2.B. WITHDRAWALS

2.B.6. ADMINISTRATIVE INQUIRY AI-2000-05

ADMINISTRATIVE INQUIRY CONCERNING WINSTON TRAILS PLANNED UNIT DEVELOPMENT. WITHDRAWN 4-27-2000

Staff Recommendation: Withdrawal. No motion required.

No backup provided.

3. CONSENT AGENDA

3.A. REQUESTS TO PULL ITEMS FROM CONSENT AGENDA - None

3.B. ADOPTION OF RESOLUTIONS - Zoning petitions approved on March 23, 2000, with amended conditions. Administrative matter not subject to public comment.

NOTE: Adoption is mandatory, based on prior action by the Board of County Commissioners, unless a Board member wishes to clarify an amended condition. Public hearing comments have been satisfied; therefore, adoption of the resolutions is not subject to public comment.

3.B.7.

a. RESOLUTION R-2000-0571

RESOLUTION FOR PETITION Z99-90 (E&H SELF STORAGE) OF EDGAR ADAMSON, JR., AND HIXIE STEPHENS, BY KEITH HURBS, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) TO CG-GENERAL COMMERCIAL FOR THE 1.46-ACRE PROPERTY LOCATED 600 FEET SOUTH OF OKEECHOBEE BOULEVARD ON THE EAST SIDE OF CONGRESS AVENUE. (P.O.P. 693574 [3-23-2000]) ADOPTED 4-27-2000

Staff Recommendation: Adoption of a resolution affirming the March 23, 2000, approval of the rezoning from RM to CG.

b. RESOLUTION R-2000-0572

RESOLUTION FOR PETITION CA99-90 (E&H SELF STORAGE) OF EDGAR ADAMSON, JR., AND HIXIE STEPHENS, BY KEITH HURBS, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A SELF-SERVICE STORAGE FACILITY ON THE 1.46-ACRE PROPERTY LOCATED 600 FEET SOUTH OF OKEECHOBEE BOULEVARD ON THE EAST SIDE OF CONGRESS AVENUE. (P.O.P. 693574 [3-23-2000]) ADOPTED WITH CONDITIONS AS AMENDED 4-27-2000

Staff Recommendation: Adoption of a resolution affirming the March 23, 2000, approval of the conditional use allowing a self-service storage facility with conditions as follows:

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 25, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. BUILDING AND SITE DESIGN

1. The proposed self service storage facility building shall be designed and constructed to be consistent with the facade elevations by T&M Architecture & Planning, Inc. dated January 25, 2000. (BLDG PERMIT: BLDG - Zoning)

2. Similar architectural character and treatment, including but not limited to color, roof pitch and treatment, material, fenestration, and horizontal and vertical architectural details or design elements shall be provided on all sides of the buildings. (BLDG PERMIT: BLDG - Zoning)

3. The proposed building shall be designed and constructed to be consistent with the following:

a. Prior to final site plan approval by the Development Review Committee, additional architectural design elements along the sides and rear elevations, approved by the Public Hearing Section of the Zoning Division, shall be used to reduce the building's mass and scale; and,

b. Plain or blank wall areas (without architectural design elements) greater than 10' high x 20' length on the sides and rear elevations (elevations not shown on facade rendering above) shall not be permitted. (DRC/BLDG PERMIT: ZONING/BLDG - Zoning)

C. LANDSCAPING ALONG CONGRESS AVENUE

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

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

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

D. SIGNS

1. Freestanding sign located on Congress Avenue 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 - 50 square feet;

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

d. Style - monument style only.

e. Pole signs shall be prohibited. (BLDG PERMIT/CO: BLDG)

E. ENGINEERING

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

2. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Congress Ave, 60 feet from the centerline on or before December 1, 2000 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING-Eng)

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

4. Property owner shall participate in the future Median Landscaping program of Congress Avenue adjacent to the site by the Westgate CRA. Funding for this program by the property owner shall be in accordance with an adopted Board of County Commissioners policy. (ONGOING)

F. USE LIMITATIONS

1. No outside storage of disassembled vehicles or parts shall be permitted on-site. (ONGOING:CODE ENF)

2. There shall be no vehicle maintenance, washing, or repairs permitted on-site. (ONGOING:CODE ENF)

3. Overnight storage or parking shall be limited to the designated RV/boat storage spaces. (ONGOING:CODE ENF)

4. A truck rental operation shall not be permitted on-site. (ONGOING:CODE ENF)

G. COMPLIANCE

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

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

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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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

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

Zoning Director William C. Whiteford directed the Board's attention to a modified condition on the Amendments to the Agenda sheet:

Revised Condition E.4:

Prior to Certificate of Occupancy (CO), the Pproperty owner shall participate in the future Median Landscaping program of Congress Avenue adjacent to the site by the Westgate CRA. Funding for this program by the property owner shall be in accordance with an adopted Board of County Commissioners policy in accordance with Resolution No. 2002-2 of the Westgate/Belvedere Homes CRA dated April 10, 2000. (~~ONGOING~~ CO/MONITORING:ENG)

3.B.8. RESOLUTION R-2000-0573

RESOLUTION FOR PETITION PDD99-47 (DIAMOND SHAMROCK PUD) OF RICHARD B. CRUM, TRUSTEE, BY WILLIAM R. BOOSE III, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 70.36-ACRE PROPERTY LOCATED APPROXIMATELY 1.5 MILES SOUTH OF LANTANA ROAD, BOUNDED BY STATE ROAD 7 (U.S. 441) AND LYONS ROAD. (P.O.P. 693574 [3-23-2000]) ADOPTED WITH CONDITIONS 4-27-2000

Staff Recommendation: Adoption of a resolution affirming the March 23, 2000, approval of the rezoning from AR to PUD with conditions as follows:

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 master/site plans are dated March 7, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

1. Diversity of architectural elevation and exterior color scheme shall be required by complying with the following:

a. no identical homes shall be placed next to one another (i.e. same elevation with same exterior color scheme).

This obligation shall be included in the Homeowners Association's documentation. (BLDG PERMIT/CO: BLDG - Zoning)

2. Prior to DRC final certification of the site plan, the petitioner shall provide architectural elevations to the Public Hearing Section, Zoning Division for review. The proposed residential buildings shall be developed in conformance to the approved architectural elevations. (DRC: ZONING)

C. LANDSCAPING - STANDARD

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

a. tree height: fourteen (14) feet (height reduction is permitted only along the northern buffer, provide minimum twelve (12) feet in height if height reduction is requested.)

b. trunk diameter: 3.5 inches measured 4.5 feet above grade;

c. canopy diameter: Seven (7) feet. Diameter shall be determined by the average canopy radius at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length; and,

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

2. All palms required to be planted on site by this approval, 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)

4. 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)

5. All small, flowering 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: ten (10) feet

b. canopy diameter: five (5) feet. (CO: LANDSCAPE - Zoning)

D. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO LWDD L-19 CANAL AND PUD)

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

a. a minimum ten (10) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted;

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

c. one (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of one hundred and twenty (120) feet between clusters; and

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

E. ENGINEERING

1. Prior to December 1, 2000 or prior to the issuance of the first Building Permit, whichever shall first occur, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Lyons Road, 55 feet from centerline along the project's entire frontage, free of all encumbrances and encroachments. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING - Eng)

2. Prior to issuance of a building permit the property owner shall convey a roadway construction easement to Palm Beach County at the Projects Entrance Road(s). This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this property owners road right of way. Construction by the applicant within this easement shall conform to Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT:MONITORING - Eng)

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

4. The Property owner shall construct:

a) Right turn lane south approach and a left turn lane north approach on S.R. 7 at the projects entrance road in accordance with Florida DOT Approval;

b) Left turn lane south approach on Lyons Road at the projects entrance road.

A) This construction shall be concurrent with the construction of the Projects Entrance Road onto SR 7 and Lyons Road. All construction costs 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)

5. On or before December 1, 2000, the property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Lyons Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (DATE: MONITORING - Eng)

6. Prior to DRC approval of the Master Plan the drainage study for the site shall be amended to reflect compliance with the condition of approval above which requires the Developer to provide legal positive outfall for Lyons Road. Adjustments to the drainage system shall be amended as required. (DRC: ENG)

7. The Property owner shall fund the construction plans for Lyons Road as a 2 lane section Expandable to 4 lanes from the current 2 lane terminus north of Boynton Beach Boulevard north to the southerly terminus of Lyons Road by the Villages of Windsor PUD, plus the appropriate tapers. Funding shall be based upon Palm Beach County's minimum Construction Plan Standards as they presently exist or as they may from time to time be amended. Funding for the construction plans shall be completed on or before March 1, 2001. All canal crossings (bridges and/or culverts) within the project limits shall be constructed to their ultimate paved configuration. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. (DATE: MONITORING - Eng)

8. The property owner shall provide surety for acquisition of a total of 110 feet of right of way and the construction of Lyons Road (2 lane section) as referenced in the conditions above. Limits of the funding for Lyons Road construction shall be from the current 2 lane terminus north of Boynton Beach Boulevard north to the southerly terminus of future Lyons Road by the Village of Windsor PUD. Acceptable surety shall be provided to the Office of the County Engineer and County Attorney on or before October 27, 2000. Notification by the developer shall be given to the Land Development Division. (TPS - Maximum 6 month time extension) (DATE:MONITORING-Eng)

9. On or before June 1, 2001, the property owner shall prepare and provide to the County all necessary right-of-way acquisition documents including but not limited to surveys, property owners maps, legal descriptions for acquisition, and parceled right-of-way maps required for the construction of as referenced in the condition above subject to the approval of the County Engineer. These documents shall include a title search for a minimum of 25 years. Notification shall be given to Land Development Division. (DATE: MONITORING - Eng)

10. The property owner shall fund the construction of Lyons Road as a 2 lane section from the current 2 lane terminus north of Boynton Beach Boulevard north to the southerly terminus of future Lyons Road by the Villages of Windsor PUD, plus the appropriate tapers. Funding of the construction shall be completed on or before August 1, 2001. All canal crossings within the project limits shall be constructed to their ultimate configuration. (DATE: MONITORING - Eng)

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

a. No Building Permits shall be issued until construction has begun for the widening of S.R. 7 as a 4 lane section from Lake Worth Road to Boynton Beach Boulevard plus the appropriate paved tapers. (BLDG PERMIT: MONITORING - Eng)

b) Building Permits for more than 53 single family dwelling units shall not be issued until the contract has been let for the construction of Lyons Road as a 2 lane section from the entrance to Melrose PUD to Lantana Road to provide for paved continuity. (BLDG PERMIT: MONITORING-Eng)

c) Building Permits for more than 64 single family dwelling units shall not be issued until the contract has been let for the construction of Lantana Road as a 4 lane section from the entrance to Grand Lacuna to Lyons Road. (BLDG PERMIT: MONITORING-Eng)

12. 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 7 road right of way. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the 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 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 April 1, 2002. (DATE: MONITORING - Eng)

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

13. CUTOUT LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF SR 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 provide landscape cutouts within the concrete median of SR 7 Right-of-Way contiguous to the frontage. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, concrete median cutout, Landscape Installation and Maintenance, Removal, and Indemnification Agreements. When landscape cutouts are permitted by the Florida Department of Transportation, landscaping shall, consist of Landscape Material approved by the County Engineer. All new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. Alternative plant and paver block material other than those listed in the County standards may be permitted subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

b. All required median landscaping, including an irrigation system, the cost of Cutting out or removing the existing concrete median as well as the cost of the Landscape material shall be funded at the property owners expense. All new and existing landscaping, paver block or similar materials shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns or duly established Property Owner's Association. The maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, and the irrigation system. All landscape material shall be installed prior April 1, 2002. (DATE: MONITORING - Eng)

F. LANDSCAPING ALONG THE ENTIRE SOUTH PROPERTY LINE AND THE SOUTH 330 FEET OF THE WEST PROPERTY LINE (ADJACENT TO RESIDENTIAL USE)

1. Landscaping and buffering along the south property line and the south 330 feet of the west property line shall be upgraded to include:

a. a minimum twenty (20) foot wide landscape buffer strip, no reductions or easement encroachments shall be permitted. A 50% width reduction may be permitted where residential lots 139 and140 abut the buffer;

b. a minimum two and one half (2.5) foot high continuous berm measured from top of curb;

c. a minimum five (5) foot high black or green vinyl coated chain link fence to be installed on the plateau of the berm. (CO: LANDSCAPE)

2. The following landscaping requirements shall be installed on the exterior side of the required fence:

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

b. one (1) additional palm or pine tree for each thirty (30) linear feet of property line, with a maximum spacing of one hundred and twenty (120) feet between clusters;

c. one (1) additional small, flowering tree for each sixty (60) linear feet of property line, with a maximum spacing of one hundred and twenty (120) feet between clusters; and,

d. thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of sixty (60) inches. All shrub or hedge materials shall be planted on the plateau of the berm. (CO: LANDSCAPE)

3. A minimum ten (10) foot wide landscape buffer strip along lots 139 and 140 and shall include the following:

a. a minimum one and half (1.5) foot high continuous berm;

b. a minimum five (5) foot high black or green vinyl coated chain link fence on top of the berm, the top of this section of the fence shall be flush with the top of the fence as indicated in Condition F.1.c;

c. one (1) canopy tree planted every fifteen (15) feet on center to be planted on the exterior side of the fence;

d. thirty (30) inch high shrub or hedge material spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of sixty (60) inches and to be planted on the exterior side of the fence. All shrub or hedge materials shall be planted on the plateau of the berm. (CO: LANDSCAPE)

4. All landscaping along the south property line and the south 330 feet of the west property line shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns 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 the landscape material during periods of drought in order to maintain healthy plant material. (CO: LANDSCAPE)

G. LANDSCAPING ALONG EAST AND WEST PROPERTY LINES (ADJACENT TO LYONS ROAD AND SR7/US441)

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

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

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

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

d. one (1) additional palm or pine tree for each thirty (30) linear feet of frontage, with a maximum spacing of one hundred and twenty (120) feet between clusters; and,

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

H. LWDD

1. Prior to Plat recordation, the owner shall voluntarily agree to convey to the District, either by quit claim or easement, the North 45 feet of Tracts 59-72 and the West 45 feet of the North � of Tract 72 , less lands owned by the District, for the required right-of-way for the L-19 and E-1 Canals respectively. (PLAT: ENG - LWDD)

I. MASS TRANSIT

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

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

J. 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. All proposed street lights that are adjacent to the south property line shall be located on the north side of the road. (CO: BLDG - Eng)

2. Street trees shall be installed 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. Prior to DRC certification of the preliminary development plan, street tree planting details and cross sections shall be approved by the Zoning Division, Utilities departments, and the County Engineer. (DRC/CO: ZONING/ UTILITIES/ENG/LANDSCAPE - Zoning)

3. All property included in the legal description of the petition shall be subject to a Declaration of Restrictions and Covenants acceptable to the County Attorney's office which shall, among other things, provide for: Formation of a single "master" property owner's association, automatic voting membership in the master association by any party holding title to any portion of the subject property, and assessment of all members of the master association for the cost of maintaining all common areas.

The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the recordation of the first plat for any portion of the planned development. This Declaration shall be amended when additional units are added to the PUD. (PLAT: ENG - Co Att)

4. The petitioner shall include in homeowners documents as well as written sales brochures, sales contracts, Master Plans and related Site Plans a disclosure statement identifying and notifying of the existence of agricultural uses, water craft and water skiing activities in the vicinity of and adjacent to the development. The developer/ property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and Building beginning on January 1, 2001 and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowners association. (ONGOING: MONITORING)

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

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	Pods
Front Setback	22.5' min.	All Pods
Lot Coverage	44%	All Pods

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

8. 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), roundabout, open space adjacent to round-about or cul-de-sac consistent with the Focal Point Exhibit dated January 27, 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)

9. No rear, side interior or side street setback reductions may be permitted with the exception of lots abutting lake tracts or open space tracts as permitted by the ULDC. (DRC: ZONING)

10. Recreation uses provided in accordance with Section 6.8.B.4.A.(6)(b)(i) of the ULDC shall be located on a minimum of 0.1 acre and shall be located within each residential pod. Such recreation uses shall have a direct connection to the pedestrian system within the project and include a tot lot, gazebo, fitness station, rest station, or similar recreation amenity subject to approval of the Zoning Division. These recreation areas shall not be used towards the Parks and Recreation Department's minimum recreation requirement or be located within land areas designated for drainage, stormwater management or other utility purposes. (DRC/PLAT: ZONING)

K. PLANNING

1. Prior to final site plan approval by the Development Review Committee, the Planning Division shall ensure that this site plan conforms with the plan presented to the BCC including those recommendations of the West Boynton Area Community Plan incorporated onto the conceptual site plan and the preliminary development plan and regulating plan dated March 7, 2000 (Rec.# 36, 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 Lyons Road. (DRC: PLANNING)

2. Prior to the issuance of the first building permit, and if permitted by ERM and/or SFWMD, the petitioner shall place a sign at the edge of the property line at the western 1.77 acre open space location shown on the master and regulating plan that a potential 50' stub street connection, including pedestrian and bicycle paths, may be built in this location. If this potential stub street location is not permitted, then the sign stub street location shall be placed at the edge of the property line at the most western 1.15 acre open space location shown on the master and regulating plan. (BLDG PERMIT: MONITORING - BLDG/PLANNING)

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 residence. 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)

2. Prior to final DRC site plan approval, the petitioner shall revised the site plan to indicate the bus stop/pull off area/bus shelter. The petitioner shall also submit a drawing of the bus stop/pull off area and shelter to the School District for review. (ONGOING: SCHOOL BOARD)

M. COMPLIANCE

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

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.

3.C. PREVIOUSLY POSTPONED ZONING PETITIONS

3.C.9. RESOLUTION R-2000-0574

RESOLUTION FOR PETITION PDD99-75 (GOLDEN LAKES CLF [PUD]) OF BLUE GREEN ENTERPRISES, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT WITH A TYPE 3 CLF-CONGREGATE LIVING FACILITY AS A REQUESTED USE ON THE 7.09-ACRE PROPERTY LOCATED APPROXIMATELY 0.3 MILE EAST OF GOLDEN LAKES BOULEVARD AND APPROXIMATELY 0.1 MILE SOUTH OF OKEECHOBEE BOULEVARD. (P.O.P. 652501 [2-24-2000]) ADOPTED WITH CONDITIONS 4-27-2000

Staff Recommendation: Approval of the rezoning from AR to PUD with a type 3 congregate living facility as a requested 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 preliminary development plan and conceptual site plan is dated December 21, 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 proposed residential building(s) shall be designed and constructed to be similar to the facade elevations by Miklos & Associates P.A. Architects/Planners dated January 14, 2000. 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)

2. Exterior colors shall be neutral, pastel, or earth tone colors and shall be compatible with the adjacent Okeechobee Boulevard MUPD (Petition #76-007) to the north. 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. (BLDG PERMIT: ZONING)

3. 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.). (BLDG PERMIT: ZONING/BLDG)

C. BUILDING AND SITE DESIGN

1. Total gross floor area shall be limited to a maximum of 60,000 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet, whichever is less subject to approval by Traffic Division or DRC. (DRC: ZONING)

2. The maximum height for all structures, including all air conditioning and mechanical equipment, and satellite dishes shall not exceed twenty-five (25) feet, excluding unoccupied decorative architectural elements which are not the major component of the roofing system (i.e. porte cochere, cupola, etc.). These elements may exceed this height requirement up to an overall building height of thirty (30) feet. All heights shall be measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning)

D. ENVIRONMENTAL RESOURCE MANAGEMENT

1. A Wellfield Affidavit of Notification shall be submitted to Environmental Resources Management prior to DRC site plan certification. (DRC: ERM)

E. ENGINEERING

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

F. LANDSCAPING - STANDARD

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

a. Tree height: Twelve (12) feet

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

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

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

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

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

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

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

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

4. All internal PUD buffers (i.e. along cul-de-sac, etc.) shall be approved by the Development Review Committee (DRC) in accordance with the ULDC, unless otherwise stated herein. (DRC: ZONING)

5. Foundation planting or grade level planters provided along the front and side facades of all structures shall be a minimum overall width of eight (8) feet in addition to the minimum planting and length requirements of the ULDC. (DRC/CO: ZONING/LANDSCAPE)

G. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO OKEECHOBEE BOULEVARD MUPD)

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

a. A minimum fifteen (15) foot wide landscape buffer strip, with no reduction permitted;

b. A minimum six (6) foot high opaque fence or wall, measured from finished grade. Credit may be given for an opaque existing fence or wall or an existing chain link fence and six (6) foot high hedge installed on the adjacent Okeechobee Boulevard MUPD property;

c. One (1) canopy tree for each thirty (30) linear feet of property line with a maximum spacing of sixty (60) feet between clusters. A group of three (3) or more palm or pine trees may supersede the requirement for a canopy tree in that location. A maximum fifty (50) percent of the required canopy trees within the buffer may be replaced by the palm or pine tree clusters;

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

e. Twenty-four (24) inch high shrub or hedge material installed on the interior side of the required fence or wall. Shrub or hedge material shall be spaced no more than twenty-four (24) inches on center and maintained at a minimum height of forty-eight (48) inches. (CO: LANDSCAPE)

H. LANDSCAPING ALONG SOUTH, EAST AND WEST PROPERTY LINES (ACROSS FROM RESIDENTIAL)

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

a. A minimum twenty (20) foot wide landscape buffer strip with no reduction or encroachment permitted;

b. A continuous three (3) foot high berm measured from finished grade;

c. One (1) canopy tree for each twenty (20) linear feet of frontage with a maximum spacing of twenty-five (25) feet between clusters. A group of three (3) or more palm or pine trees may supersede the requirement for a canopy tree in that location. A maximum twenty-five (25) percent of the required canopy trees within the buffer may be replaced by the palm or pine tree clusters;

d. One (1) additional palm for each twenty-five (25) linear feet of property line with a maximum spacing of fifty (50) feet between clusters; and,

e. Twenty-four (24) 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 a minimum height of thirty-six (36) inches. (CO: LANDSCAPE)

2. Landscaping and buffering along the east property line across from Pine Lake R.V. Park shall include:

a. A minimum fifteen (15) foot wide landscape buffer strip with no reduction or encroachment permitted;

b. Continuous two (2) foot high berm measured from finished grade;

c. Equivalent of one (1) canopy tree planted every twenty (20) feet of linear property line;

d. Equivalent of one (1) palm for each twenty-five (25) linear feet of property line with a maximum spacing of fifty (50) feet on center between clusters; and,

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

I. LIGHTING

1. All outdoor lighting fixtures shall not exceed twenty (20) feet in height, measured from finished grade to highest point and shall be extinguished no later than 10:00 p.m., excluding security lighting only. (CO/ONGOING: BLDG - Zoning/CODE ENF)

J. MASS TRANSIT

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

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of the first certificate of occupancy (CO) for the CLF. The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (BLDG PERMIT: MONITORING - Eng)

K. PLANNED UNIT DEVELOPMENT

1. All 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.

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

3. No Flexible Regulations or Administrative Deviations shall be permitted for the PUD. (DRC: ZONING)

4. Any other type of residential use on the site shall be limited to an overall density of 4.0 units per acre. (DRC/ONGOING: PLANNING-Zoning)

5. Prior to building permit issuance for the CLF building, a copy of the recorded plat meeting all applicable BCC conditions shall be submitted to the Building Division as part of the CLF building permit application. (BLDG PERMIT: ZONING/BLDG)

L. SIGNS

1. Freestanding signs, including entrance wall signs, fronting on the PUD entrance along the cul-de-sac shall be limited as follow:

a. Maximum sign height, measured from finished grade to highest point - six (6) feet;

b. Maximum sign face area - 32 square feet total (single-face only);

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

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

M. USE LIMITATION

1. Use of the site shall be limited to a Type 3 Congregate Living Facility (CLF) with 135 CLF residents/103 Type 3 CLF units, or any other type of residential use in accordance with the property's previous MR-5 land use category with equal or less traffic generation. (DRC/ONGOING: PLANNING/ZONING - Eng)

2. Construction hours shall not commence prior to 7:00 a.m. or continue later than 7:00 p.m. Monday through Friday and 9:00 a.m. through 5:00 p.m. on Saturday and Sunday. (ONGOING: CODE ENF - Zoning)

N. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

3.C.10. RESOLUTION R-2000-0575

RESOLUTION FOR PETITION Z99-11 OF EVERGLADES FARM EQUIPMENT, BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RSER-RURAL SERVICES FOR 12.21 ACRES OF THE 22.21-ACRE PROPERTY LOCATED APPROXIMATELY 800 FEET EAST OF F ROAD ON THE NORTH SIDE OF SOUTHERN BOULEVARD. (P.O.P. 652501 [2-24-2000]) ADOPTED 4-27-2000

Staff Recommendation: Approval of the rezoning from AR to RSER and adoption of a resolution affirming that action.

(CLERK'S NOTE: See Page 81 for comments made by Commissioner Masilotti.)

3.D. ZONING PETITIONS

3.D.11. RESOLUTION R-2000-0576

RESOLUTION FOR PETITION DOA78-242(B) (BOCA WOODS COUNTRY CLUB) OF THE BOARD OF COUNTY COMMISSIONERS FOR FACILITIES DEVELOPMENT AND OPERATIONS, BY AUDREY WOLF, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO DELETE LAND AREA (13.0-ACRE TRACT P AND 4.0-ACRE CIVIC SITE) FROM THE 17.42-ACRE PROPERTY LOCATED APPROXIMATELY 1,200 FEET EAST OF PONDEROSA DRIVE ON THE NORTH SIDE OF PALMETTO PARK ROAD. (AMENDS R-78-1595, R-98-1817, AND R-98-1818) (P.O.P. 652501 [2-24-2000] AND 700900 [3-23-2000]) ADOPTED WITH CONDITIONS 4-27-2000

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

A. ALL PETITIONS

1. All conditions of approval contained in Resolution R-78-1595, Petition 78-242, and Resolutions R-98-1817, R-98-1818, Petition 78-242(A) , shall remain in full force and effect. (MONITORING)

B. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

3.D.12. RESOLUTION R-2000-0577

RESOLUTION FOR PETITION Z99-85 (DISTRICT PARK E) OF THE BOARD OF COUNTY COMMISSIONERS FOR FACILITIES DEVELOPMENT AND OPERATIONS, BY AUDREY WOLF, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) TO REZONE FROM RE-RESIDENTIAL ESTATE AND AR-AGRICULTURAL RESIDENTIAL ENTIRELY TO PO-PUBLIC OWNERSHIP FOR THE 27.42-ACRE PROPERTY LOCATED APPROXIMATELY 1,200 FEET EAST OF PONDEROSA DRIVE ON THE NORTH SIDE OF PALMETTO PARK ROAD. (P.O.P. 652501 [2-24-2000] AND 700900 [3-23-2000]) ADOPTED WITH VOLUNTARY COMMITMENTS 4-27-2000

Staff Recommendation: Approval of the rezoning from RE and AR to PO 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 park use as approved by the Board of County Commissioners. The approved conceptual site plan is dated March 10, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. BUILDING AND SITE DESIGN

1. The minimum setback for all roofed structures shall be fifty (50) feet. (Bldg Permit: ZONING)

2. The location of any lighted soccer field will be setback a minimum of fifty (50) feet from the west property line, and a minimum of thirty (30) feet from the north property line. (BLDG PERMIT: ZONING/BLDG)

3. The Palm Beach County Parks and Recreation Department will locate the entrance of the park so as not to affect the Palmetto Park Road landscape improvement project between Loggers' Run, Inc. and the County. Specifically the entrance location and design will not require any reduction in the median landscaping, which the Logger's Run Homeowners Association plans to install on Palmetto Park Road, including the area beginning at the C1 canal. The entrance plan will be designed and located where it will not result in any requirement to remove median landscaping, west of the C.1 canal, to comply with FDOT Roadway and Traffic Design Standards. (BLDG PERMIT: ENG)

C. LIGHTING

1. All outdoor lighting used to illuminate the athletic fields shall be extinguished no later than 11:00 p.m., excluding security lighting only. (ONGOING: CODE ENF)

2. The lights installed in the parking lot adjacent to Palmetto Park Road shall be limited to an overall height of twenty (20) feet measured from finished grade to highest point. Buffering of these lights will be provided through the County's landscaping of the Palmetto Park median in front of the park property consistent with FDOT's Roadway and Traffic Design Standards. Though the Parks and Recreation Department will not be responsible for these items, the Department will make its best effort to work with other County Departments to obtain funding and approval for the installation of landscaping on the south side of Palmetto Park Road to provide additional buffer for the homes in Tamarron. (BLDG PERMIT: Zoning - Parks)

D. LANDSCAPING

1. The Palm Beach County Parks and Recreation Department will maintain as much of a buffer as possible along the west and north portions of the park property. The County will, based on the tree survey, install additional landscaping to buffer the athletic fields from Logger's Run, and more specifically, Cimarron at the northwest corner of the project. (CO: BLDG - Zoning/Landscape)

E. ENGINEERING

1. LANDSCAPE WITHIN MEDIAN OF COUNTY MAINTAINED ROADWAYS

a. Prior to issuance of any building permits, the Palm Beach County Parks and Recreation Department shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Palmetto Park Road Right-of-Ways. As part of this permit process, the Parks and Recreation Department property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted, 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 Palm Beach County Parks and Recreation Department shall also be responsible for supplementing any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

b. All required median landscaping, including an irrigation system if required, shall be installed by the Palm Beach County Parks and Recreation Department. All landscaping, paver block or similar materials shall be the perpetual maintenance obligation of the Palm Beach County Parks and Recreation Department. All landscape material shall be installed prior to the issuance of a certificate of occupancy. (CO: MONITORING - Eng)

2. Palm Beach County Parks Department shall work with the County Engineer during the final site plan preparation to determine if any portion of the 27 acre site may be utilized to help alleviate flooding from Palmetto Park Road. If there is no area available after the final site plan has been prepared then the Parks Department shall be relieved from this voluntary commitment. (ENG)

F. USE LIMITATION

1. Hours of operation for the outdoor sporting events (soccer) will be scheduled to end at approximately 10:00 pm. (ONGOING: CODE ENF)

G. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

3.D.13. RESOLUTION R-2000-0578

RESOLUTION FOR PETITION DOA97-78(A) (CIBA-GEIGY PLANNED UNIT DEVELOPMENT [PUD], NKA PONTE VECCHIO PUD) OF REFORM TEMPLE SHAAREI SHALOM, BY KILDAY & ASSOCIATES, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO DELETE THE INTERNAL PUD ACCESS POINT, ADD AN EXTERNAL ACCESS POINT, AND ADD A CHURCH OR PLACE OF WORSHIP ON 4.41 ACRES OF THE 219.95-ACRE PROPERTY LOCATED APPROXIMATELY 0.8 MILE NORTH OF BOYNTON BEACH BOULEVARD ON THE WEST SIDE OF HAGEN RANCH ROAD. (AMENDS R-98-567) (P.O.P. 700422 AND 700423) ADOPTED WITH CONDITIONS AS AMENDED 4-27-2000

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. All previous conditions of approval applicable to the subject property, as contained in Resolution R-98-0567 (Petition PDD97-078), 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. Condition A. 1 of Resolution R-98-0567, Petition PDD97-078 which currently states:

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 February 11, 1998. 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.

Is hereby amended to read:

Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved master plan is dated January 19, 2000 and the approved site plan is dated March 30, 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)

3. Condition A.2 of Resolution R-98-0567, Petition PDD97-078 which currently states:

Prior to DRC certification of the master plan, a revised legal description, survey and master plan will be submitted to reflect the addition of the fifty (50) foot right-of-way between Pods C and D into the Planned Unit Development land area. (DRC: ZONING)

Is hereby deleted. Reason: [completed].

B. BUILDING AND SITE DESIGN (4.41 ACRE CIVIC SITE ONLY)

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 building. (BLDG PERMIT: BLDG - Zoning)

2. Prior to final DRC certification of the site plan, the petitioner shall submit architectural elevations to the Public Hearing Section, Zoning Division for review.

3. Total gross floor area shall be limited to a maximum of 15,000 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet, whichever is less subject to approval by Traffic Division or DRC. (DRC: ZONING)

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

5. 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)

C. CONCURRENCY

1. Condition B.1 of Resolution R-98-0567, Petition PDD97-078 which currently states:

Prior to final DRC the applicant shall obtain approval for an Equivalency Determination to change the unit count to match the final certified Site Plan. (DRC: CONCURRENCY)

Is hereby deleted. Reason: [completed].

D. 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: 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. (Previously Condition C.1 of Resolution R-98-0567, Petition PDD97-078) (CO: LANDSCAPE - Zoning)

E. ENGINEERING

1. Off site turn lane requirements:

The Property owner shall construct dual left turn lanes west approach on Boynton Beach Boulevard at Hagen Ranch Road.

A) This construction shall be concurrent with the six laning of Boynton Beach Boulevard by this property owner as provided for in the conditions below. 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.

B) Construction shall be completed concurrent with the six lane completion of Boynton Beach Boulevard. (Previously Condition E.1 of Resolution R-98-0567, Petition PDD97-078) (ENG)

TPS Requirements:

2. The Property owner shall fund the construction plans for Boynton Beach Boulevard as a 6 lane section from Hagen Ranch Road to Jog Road plus the appropriate tapers. Funding of these construction plans shall be approved by the County Engineer based upon the cost estimate by the Developer's Engineer and approved by the County Engineer. This funding shall also include any right-of-way costs and Plan Review Costs by Palm Beach County. Funding shall be completed on or before June 1, 2000. All canal crossings (bridges and/or culverts) within the project limits shall be constructed to their ultimate paved configuration. Required utility relocations shall be coordinated through the Engineering Department, Roadway Production Division. (Previously Condition E.2 of Resolution R-98-0567, Petition PDD97-078) (DATE: MONITORING-Eng)

3. The Property owner shall fund the construction of Boynton Beach Boulevard as a 6 lane section from Hagen Ranch Road to Jog Road plus the appropriate paved tapers. Funding amount for this construction shall be approved by the County Engineer based upon the approved construction plans. Funding shall be completed on or before September 1, 2001. (Previously Condition E.3 of Resolution R-98-0567, Petition PDD97-078 7) (DATE: MONITORING-Eng)

4. The Property owner shall construct the following intersection improvements at the intersection of Hagen Ranch Road and Boynton Beach Boulevard:

a) dual left turn lanes north approach,

b) dual left turn lane south approach,

c) right turn lane east approach, Note: This turn lane is anticipated to be completed by another developer (Jones PUD)

A) This construction shall be concurrent with the improvements to Hagen Ranch Road Construction by Palm Beach County. 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 the acquisition of any additional right of way. (Previously Condition E.4 of Resolution R-98-0567, Petition PDD97-078) (ENG)

5. Phasing Requirements:

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

a) Building Permits for more than 596 dwelling units shall not be issued until construction has begun for Hagen Ranch Road as a 5 lane facility from Boynton Beach Boulevard to Lake Ida Road plus the appropriate paved tapers. County/developer construction Fiscal year 2000/01. (Previously Condition E.5.a of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

b) Building Permits for more than 341 dwelling units shall not be issued until construction has begun for dual left turn lanes and a right turn lane east approach at the intersection of Hagen Ranch Road and Boynton Beach Boulevard. This construction to be completed by another developer. (Previously Condition E.5.b of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

c) Building Permits for more than 366 dwelling units shall not be issued until construction has begun for Jog Road as a 6 lane section from Boynton Beach Boulevard to Woolbright Road. County Construction Fiscal year 97/98. (Previously Condition E.5.c of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

d) Building Permits for more than 447 dwelling units shall not be issued until construction has begun for Boynton Beach Boulevard as a 6 lane facility from Jog Road to Hagen Ranch Road County. This construction to be completed by the property owner. (Previously Condition E.5.d of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

e) Building Permits for more than 609 dwelling units shall not be issued until construction has begun for dual left turn lanes north approach and south approach at the intersection of Hagen Ranch Road and Boynton Beach Boulevard. This construction to be completed by the property owner. (Previously Condition E.5.e of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

f) Building Permits for more than 613 dwelling units shall not be issued until construction has begun for Gateway Boulevard as a 4 lane section from Jog Road to Military Trail plus the appropriate paved tapers. Construction Fiscal year 2000/01. (Previously Condition E.5.f of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

g) Building Permits for more than 631 dwelling units shall not be issued until construction has begun for an additional through lane north and south approach, and an additional right turn lane south approach at the intersection of Jog Road and Boynton beach Boulevard. This construction is part of County construction listed in c above. (Previously Condition E.5.g of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

h) Building Permits for more than 747 dwelling units shall not be issued until construction has begun for an additional through lane on the north and south approach at the intersection of Jog Road and Woolbright Road. This construction is part of County construction listed in c above. (Previously Condition E.5.h of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING-Eng)

Acceptable surety shall be posted with the Office of the County Engineer on or before August 26, 1998 for any of the above road improvements identified above and not defined as "assured construction". Surety shall be in the amount of 110% shall be based upon a certified Cost Estimate provided by the Developer's Engineer and approved by the County Engineer. (TPS - maximum 6 month time extension) (Previously Condition E.5 of Resolution R-98-0567, Petition PDD97-078) (DATE: MONITORING-Eng)

The mix of allowable uses listed above may be adjusted by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. (Previously Condition E.5 of Resolution R-98-0567, Petition 9 PDD97-078) (REVISED TRAFFIC STUDY: MONITORING - Eng)

6. 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. When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards. 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, prior to issuance of a building permit to reflect this obligation. (Previously Condition E.6 of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING - Eng)

7. DOT APPROVAL FOR PODS ADJACENT TO THE FLORIDA TURNPIKE

A. Prior to site plan approval for POD A, the property owner shall receive approval from the Florida Department of Transportation relative to the minimum noise standards for residential dwelling units constructed in this POD. Any noise mitigation required by the Florida Department of Transportation shall be funded by this property owner. (Previously Condition E.7 of Resolution R-98-0567, Petition PDD97-078) (DRC APPROVAL - ENG)

8. The Property owner shall construct a left turn lane south approach on Hagen Ranch Road at the entrance to the 4.41 acre Civic Site.

a) This construction shall be concurrent with the paving and drainage improvements for the civic 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 for the 4.41 acre civic site. (BLDG PERMIT: MONITORING-Eng)

c) Construction shall be completed prior to the issuance of the first Certificate of Occupancy for the 4.41 acre civic site. (CO: MONITORING-Eng)

F. LANDSCAPING ALONG THE NORTH PROPERTY LINE (LWDD L-22 CANAL)

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

a. A minimum twenty (20) foot wide landscape buffer strip shall be provided for Pod A and three hundred and fifty (350) feet west of Jog Road for Pod D. No reductions shall be permitted. Reduction of width for Pod A may only be requested and subject to DRC's approval if the proposed multi-family homes are replaced by single-family or zero lot line homes. A minimum of ten (10) foot wide landscape buffer shall be provided for Pods B, C and the remaining west 2,570 feet for Pod D; and

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

c. One (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location; and

d. Twenty four (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty six (36) inches. (Previously Condition D.1 of Resolution R-98-0567, Petition PDD97-078) (CO: LANDSCAPE)

G. LANDSCAPING ALONG SOUTH PROPERTY LINE (BOYNTON CANAL & RESIDENTIAL

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

a. A minimum ten (10) foot wide landscape buffer strip; and

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

d. Twenty (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty six (36) inches. (Previously Condition F.1 of Resolution R-98-0567, Petition PDD97-078) (CO: LANDSCAPE)

H. LANDSCAPING FOR BOTH SIDES OF THE HAGEN RANCH ROAD AND EAST PROPERTY LINE (JOG ROAD FRONTAGE)

1. Landscaping and buffering along the above property lines shall include:

a. A minimum twenty (20) foot wide landscape buffer strip. No reductions shall be permitted; and

b. An undulating two (2) foot high berm measured from top of curb; and

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

d. One (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location; and

e. Twenty (24) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of thirty six (36) inches. (Previously Condition G.1 of Resolution R-98-0567, Petition PDD97-078) (CO: LANDSCAPE)

I. LANDSCAPING ALONG THE WEST PROPERTY LINE (FLORIDA TURNPIKE)

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

a. A minimum twenty five (25) foot wide landscape buffer strip. No reductions shall be permitted; and

b. An undulating three (3) foot high berm measured from top of curb; and

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

e. Twenty four (24) 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 at installation and to be maintained at a minimum height of thirty six (36) inches. (Previously Condition H.1 of Resolution R-98-0567, Petition PDD97-078) (CO: LANDSCAPE)

J. LANDSCAPING ALONG THE NORTH PROPERTY LINE (LWDD L-22 CANAL) (4.41 ACRE CIVIC SITE ONLY)

1. Landscaping and buffering along the north property line shall be upgraded to 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) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location; and

d. twenty-four (24) inch high shrub or hedge material spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of seventy two (72) inches. (CO: LANDSCAPE)

K. LANDSCAPING ALONG THE SOUTH AND WEST PROPERTY LINES (4.41 ACRE CIVIC SITE ONLY)

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

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

b. a minimum one and half (1.5) foot continuous berm;

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

d. one (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location; and,

e. twenty-four (24) inch high shrub or hedge material to be planted on the plateau of the berm. Shrubs and hedges shall be spaced no more than twenty-four (24) inches on center at installation and to be maintained at a minimum height of fifty-four (54) inches. (CO: LANDSCAPE)

L. ENVIRONMENTAL RESOURCES MANAGEMENT

1. A Wellfield Affidavit of Notification shall be submitted to Environmental Resources Management prior to DRC site plan certification. (Previously Condition I.1 of Resolution R-98-0567, Petition PDD97-078) (DRC: ERM)

M. LIGHTING (4.41 ACRE CIVIC SITE ONLY)

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

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

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

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

5. Lighting shall be provided to mark all perimeter driveways or accessways and shall comply with Condition M.1 above. (CO/ONGOING

N. MASS TRANSIT

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tram, 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. (Previously Condition J.2 of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT: MONITORING - Eng)

O. PARKS

1. Any parcel of land used to satisfy minimum recreation requirements shall adhere to the following dimensions.

a. Minimum parcel size shall be seven thousand five hundred (7,500) square feet exclusive of easements.

b. Minimum parcel width shall average seventy five (75) feet with no dimension less than fifty (50) feet.

c. Minimum parcel depth shall average one hundred (100) feet with no dimension less than seventy five (75) feet.

d. The Parks and Recreation Department may waive this condition when considering location, abutting land uses, accessability, recreation facilities to be offered and the recreation parcels' function in the overall recreation and open space network of the development. (Previously Condition K.1 of Resolution R-98-0567, Petition PDD97-078) (DRC: PARKS)

P. PLANNED UNIT DEVELOPMENT

1. Condition L.1 of Resolution R-98-0567, Petition PDD97-078 which currently states:

Street lights shall be provided pursuant to Section 6.8.A.23.d(1) of the ULDC, subject to approval by the County Engineer.

Is hereby amended to read:

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

2. Condition L.2 of Resolution R-98-0567, Petition PDD97-078 which currently states:

Street trees shall be planted in or adjacent to all rights-of-way, pursuant to Section 6.8.A.23.d(3) of the ULDC, subject to approval by the County Engineer.

Is hereby amended to read:

Street trees shall be planted in or adjacent to all rights-of-way, pursuant to Section 6.8.A.16.c(3). (CO: LANDSCAPE - Eng)

3. Condition L.3 of Resolution R-98-0567, Petition PDD97-078 which currently states:

All utilities shall be underground, pursuant to Section 6.8.A.23.d(5) of the ULDC.

Is hereby amended to read:

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

4. 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 issuance of the first building permit, or recordation of the first plat for any portion of the planned development, whichever occurs first. (Previously Condition L.4 of Resolution R-98-0567, Petition PDD97-078) (BLDG PERMIT / PLAT: MONITORING / ENG - Co Att)

Q. PLANNING

1. Condition M.1 of Resolution R-98-0567, Petition PDD97-078 which currently states:

Prior to final master plan certification by the Development Review Committee (DRC), the applicant shall provide street cross-section details depicting sidewalks for pedestrian and bicycle circulation through the PUD.

Is hereby amended to read:

Prior to final master plan certification by the Development Review Committee (DRC), the applicant shall provide street cross-section details depicting shaded sidewalks for pedestrian and bicycle circulation through the PUD. (DRC: PLANNING)

R. PREM

1. The property owner shall provide Palm Beach County Board of County Commissioners with a warranty deed by March 1, 1999, for a 4.41 acre civic site, in a location and form acceptable to Facilities, Development & Operations Department (FD&O), and the Parks Department. Developer to Plat and dedicate the Civic site to Palm Beach County prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance.

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

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

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

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

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

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

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

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

g. Developer to provide water and sewer stubbed out to the property line. (Previously Condition N.1 of Resolution R-98-0567, Petition PDD97-078) (DATE: MONITORING - PREM)

2. The property owner shall provide the County with a certified survey of the proposed civic site by March 1, 1999. Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria:

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

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

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

Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site. (Previously Condition N.2 of Resolution R-98-0567, Petition PDD97-078) (DATE: MONITORING - PREM)

3. The property owner shall provide PREM with an Environmental Assessment of the proposed civic site by March 1, 1999. The minimum assessment which is required is commonly called a "Phase I Audit". The audit shall describe the environmental conditions of the property and identify the past and current land use.

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

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

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

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

1) EPA's National Priorities list (NPL)

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

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

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

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

e) Review of Wellfield Protection Zone maps to determine if property is located in a Wellfield Zone. (Previously Condition N.3 of Resolution R-98-0567, Petition PDD97-078) (DATE: MONITORING - PREM)

4. Prior to March 1, 1999, the Petitioner may request to exchange the required on-site dedication of land for cash of equal value or off-site land equal in acreage, however, this option shall be used only upon County approval. In addition, should the off-site land option be chosen, each PREM condition listed in numbers 1, 2 & 3 above will also apply. If the land off-site is of less cash value than the on-site dedication the petitioner shall contribute cash equal to the difference in values. Valuation of the on-site and off-site land shall be subject to the County appraisal process and be at the cost of the petitioner or if the petitioner is a contract purchaser the per acre value used for the entire PUD may be used to determine the civic site value. If off-site land or cash contribution is accepted by Palm Beach County, the petitioner shall be deemed to have satisfied the intent of ULDC 6.8B.6a (2). (Previously Condition N.4 of Resolution R-98-0567, Petition PDD97-078) (DATE: MONITORING - PREM) CHECK WITH PETER BANTING

S. SCHOOL BOARD

1. The petitioner shall post in a clear and visible location in all sales offices and model homes a sign provided by the School Board of Palm Beach County which indicates that school age children in the development may not be assigned to the most proximate public school because of overcrowding, racial balancing, or other School Board policies. (Previously Condition O.1 of

Resolution R-98-0567, Petition PDD97-078) (ONGOING: SCHOOL BOARD)

2. The subject development shall post a notice of annual boundary school assignments for students from this development. The District will provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and models. (Previously Condition O.2 of Resolution R-98-0567, Petition PDD97-078) (ONGOING: SCHOOL BOARD)

T. SIGNS

1. Entrance wall signs fronting on Jog Road and Hagen Ranch Road ( east and west sides) shall be limited as follows:

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

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

c. Maximum number of signs - one pair on each road frontage; and

d. Style - monument style only. (Previously Condition P.1 of Resolution R-98-0567, Petition PDD97-078) (CO: BLDG)

2. Freestanding signs fronting on Hagen Ranch Road shall be limited as follows:

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

b. Maximum sign face area per side - 80 square feet;

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

d. Style - monument style only. (CO: BLDG) (4.41 ACRE CIVIC SITE ONLY)

3. No off-premise signs or relocated billboards shall be permitted on the site. (ONGOING/DRC: CODE ENF/ZONING) (4.41 ACRE CIVIC SITE ONLY)

U. USE LIMITATIONS (4.41 ACRE CIVIC SITE ONLY)

1. All services shall be held within the church and the hours of operation shall be limited to 7:00 a.m. - 11:00 p.m., excluding holiday services. (ONGOING: CODE ENF)

2. Accessory outdoor uses such as temporary sales events shall be limited to a maximum of four (4) events per year and shall be setback a minimum of 100 feet from all perimeter property lines. No temporary amusements or special events are permitted on the site. (ONGOING/SPECIAL PERMIT: CODE ENF - Zoning/ZONING)

V. WATER UTILITIES

1. The developer shall grant utility easements to Palm Beach County for the existing potable water and wastewater transmission mains prior to final DRC approval. (Previously Condition Q.1 of Resolution R-98-0567, Petition PDD97-078) (DRC: WATER UTILITIES)

W. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Zoning Director Whiteford alerted the Board to a modified condition on the Amendments to the Agenda sheet:

Revised Condition B.2:

Prior to final DRC certification of the site plan, the petitioner shall submit architectural elevations to the Public Hearing Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations. (DRC: ZONING

3.D.14. RESOLUTION R-2000-0579

RESOLUTION FOR PETITION DOA82-174(E) (WEST BOCA ESTATES PLANNED UNIT DEVELOPMENT) OF BENCHMARK CORPORATION, BY KILDAY & ASSOCIATES, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO DELETE 2.65 ACRES FROM THE 55.45-ACRE PROPERTY LOCATED AT 95TH AVENUE SOUTH AND GLADES ROAD. (AMENDS R-98-2040) (P.O.P.700422 AND 700423) ADOPTED WITH CONDITIONS 4-27-2000

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 A.1 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

All previous conditions of approval applicable to the subject property, as contained in Resolution 83-608 (Petition 82-174, Modification of Zoning Petition 74-54)) and Resolution R-85-276 (Petition 82-174A) and Resolution 89-1083 (Petition 82-174B) and Resolution 90-389 (amending R89-1083) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified.

Is hereby amended to read:

All previous conditions of approval applicable to the subject property, as contained in Resolution 98-2040, Petition 82-174D 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. Condition A.2 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved site plan is dated October 1st, 1998. 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.

Is hereby amended to read:

Development of the site is limited to the uses and site design approved by the Board of County Commissioners. The approved site plan is dated February 28, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (DRC: ZONING)

3. Condition A.3 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

The petitioner, property owner and/or developer shall comply with all conditions previously imposed upon the approval of Petition No. 74-54.

Is hereby deleted. Reason: [condition has been consolidated].

4. The developer shall pay $300 per single family unit and $200 per multi-family unit, at the time of issuance of building permits, toward meeting the cost of the direct and identifiable traffic impact of this project. (Previously Condition A.4 of Resolution R-98-2040, Petition DOA82-174(D))

5. The development of Phase 5 shall be limited to 120 units and the overall development of 235 units. (Previously Condition A.7 of Resolution R-98-2040, Petition DOA82-174(D))

6. Condition A.9 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

Reasonable precautions shall be exercised during site development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties.

Is hereby deleted. Reason: [Code requirement].

7. Condition A.10 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

Reasonable measures shall be exercised during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters.

Is hereby deleted. Reason: [Code requirement].

8. Condition A.12 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

The petitioner shall submit appropriate documentation from the respective utilities to allow for the installation of required landscaping.

Is hereby deleted. Reason: [Code requirement].

9. The developer shall preserve the existing cypress stand on site and shall incorporate the vegetation into the project design. Clearing shall be limited to the developable area. This preservation area shall receive appropriate protection from damage and disturbance in accordance with Section 500.36 of the Zoning Code during the site development and construction phase. (Previously Condition A.13 of Resolution R-98-2040, Petition DOA82-174(D))

10. The petitioner shall provide a landscape buffer along the western property line. This buffer shall consist of a three (3) foot high berm with thirty-six (36) inch high hedge material and supplemented with twelve (12) foot canopy trees planted twenty (20) feet on center. (Previously Condition A.14 of Resolution R-98-2040, Petition DOA82-174(D)). (This condition is applicable to West Boca Estates residential portion only).

11. The petitioner shall preserve and incorporate the existing: nineteen (19) sabal palms, two (2) orchid tress and two (2) pongams, into the perimeter landscape buffers and/or other open space areas on site. (Previously Condition A.15 of Resolution R-98-2040, Petition DOA82-174(D)). (This condition is applicable to West Boca Estates residential portion only).

12. Prior to DRC site plan application, the petitioner shall submit a revised master plan indicating the full thirty (30) foot landscape buffer along the north property line. (Previously Condition A.16 of Resolution R-98-2040, Petition DOA82-174(D)) (DRC: ZONING). (This condition is applicable to West Boca Estates residential portion only).

B. BUILDING AND SITE DESIGN (DAYCARE CENTER ONLY)

1. Total gross floor area of the daycare center shall be limited to a maximum of 9,897 square feet. Expansion shall be limited to five percent (5%) or 1,000 square feet, whichever is less provided parking requirements are met pursuant to Section 7.2.B of the ULDC. (Previously Condition B.1 of Resolution R-98-2040, Petition DOA82-174(D))(DRC: ZONING)

2. Similar architectural character and treatment, including but not limited to color, material, fenestration and roof lines, shall be provided on all sides of the building. (Previously Condition B.2 of Resolution R-98-2040, Petition DOA82-174(D)) (BLDG PERMIT: BLDG - Zoning)

3. The maximum height for all structures, including all air conditioning and mechanical equipment, measured from finished grade to highest point, shall not exceed twenty five (25) feet. (Previously Condition B.3 of Resolution R-98-2040, Petition DOA82-174(D)) (BLDG PERMIT: BLDG - Zoning)

4. All air conditioning and mechanical equipment shall be screened from view on all sides by a visually opaque barrier consistent with the color, character and architectural style of the principal structure or equivalent landscape material. (Previously Condition B.4 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: BLDG - Zoning)

5. The minimum setback for the outdoor play/recreational equipment shall be twenty five (25) feet from all residentially used property lines. (Previously Condition B.5 of Resolution R-98-2040, Petition DOA82-174(D)) (DRC: ZONING)

C. DAY CARE

1. The day care center shall be limited to a maximum licensed capacity of 190 children. (Previously Condition C.1 of Resolution R-98-2040, Petition DOA82-174(D)) (ONGOING: HEALTH)

D. HEALTH

1. Sewer service is available to the property. Therefore, no septic tank shall be permitted on site. (Previously Condition F.1 of Resolution R-98-2040, Petition DOA82-174(D))

2. Water service is available to the property. Therefore, no well shall be permitted on site to provide potable water. (Previously Condition F.2 of Resolution R-98-2040, Petition DOA82-174(D))

E. ENGINEERING

1. The development shall retain onsite 85% of the stormwater runoff generated by a three (3) year-one hour storm per requirements of the Permit Section, Land Development Division. (Previously Condition E.1 of Resolution R-98-2040, Petition DOA82-174(D))

2. The property owner shall convey for the ultimate right of way of Glades Road, 80 feet from centerline within 90 days of adoption of the Resolution by the Board of County Commissioners; conveyance must be accepted by Palm Beach County prior to issuance of first Building Permit. (Previously Condition E.2 of Resolution R-98-2040, Petition DOA82-174(D))

3. The developer shall pay a Fair Share Fee in the amount and manner required by "The Fair Share Contribution for Road Improvements Ordinance" as it presently exists or as it may from time to time be amended. Presently the Fair Share Fee for this project is $5,275.00. (Previously Condition E.3 of Resolution R-98-2040, Petition DOA82-174(D))

4. The petitioner shall provide discharge control and treatment for the stormwater runoff in accordance with all applicable agency requirements in effect at the time of the permit application. However, at a minimum, this development shall retain onsite the stormwater runoff generated by a three (3) year-one (1) hour storm water rainfall of 3 inches as required by the Permit Section, Land Development Division. In the event that the subject site abuts a Department of Transportation maintained roadway, concurrent approval from the Florida Department of Transportation will also be required. The drainage system shall be maintained in an acceptable condition as approved by the County Engineer. In the event that the drainage system is not adequately maintained as determined by the County Engineer, this matter will be referred to the Code Enforcement Board for enforcement. (Previously Condition E.4 of Resolution R-98-2040, Petition DOA82-174(D))

5. The petitioner shall construct from 95^th Avenue South at Glades Road to the project's entrance as a three (3) lane section plus applicable tapers concurrent with onsite paving and drainage improvements. (Previously Condition E.5 of Resolution R-98-2040, Petition DOA82-174(D))

F. LANDSCAPING - STANDARD (DAYCARE CENTER ONLY)

1. All 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;

d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (Previously Condition G.1 of Resolution R-98-2040, Petition DOA82-174(D)) (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. (Previously Condition G.2 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: LANDSCAPE - Zoning)

Is hereby amended to read:

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

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

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

c. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (Previously Condition G.2 of Resolution R-98-2040, Petition DOA82-174(D)) (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. (Previously Condition G.3 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: LANDSCAPE - Zoning)

G. LANDSCAPING - INTERIOR (DAYCARE CENTER ONLY)

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

a. The minimum width of the required landscape areas shall be 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. (Previously Condition H.1 of Resolution R-98-2040, Petition DOA82-174(D)) (DRC / CO: ZONING / LANDSCAPE)

H. LANDSCAPING ALONG NORTH AND THE NORTH 225 FEET OF THE EAST AND THE EAST 200 FEET OF THE SOUTH PROPERTY LINES (DAYCARE AREA ONLY, ABUTTING RESIDENTIAL)

1. Condition I.1 of Resolution R-98-2040, Petition DOA82-174(D) which currently states:

Landscaping and buffering along the above property lines shall include:

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

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

d. Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of seventy-two (72) inches. (CO: LANDSCAPE)

Is hereby amended to read:

Landscaping and buffering along the above property lines shall include:

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

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

d. Thirty (30) inch high shrub or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of seventy-two (72) inches; and

e. The buffer along the remaining South Property line shall meet minimum code requirement. (CO: LANDSCAPE)

I. LANDSCAPING ALONG THE NORTH 225 FEET OF THE WEST PROPERTY LINE (ABUTTING 95^th AVENUE SOUTH) (DAYCARE CENTER ONLY)

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

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

b. A continuous berm measured two foot high measured from finished grade; and

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. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location; and

e. Twenty four (24) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation and to be planted at the plateau of the berm and to be maintained at a minimum height of thirty-six (36)inches. (Previously Condition J.1 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: LANDSCAPE)

J. LANDSCAPING ALONG THE OUTDOOR PLAY AREA (DAYCARE CENTER ONLY)

1. Landscaping and buffering along the outdoor play area shall include:

a. A six (6) foot high black, vinyl coated chain link fence. (Previously Condition K.1 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: LANDSCAPE)

K. LIGHTING (DAYCARE CENTER ONLY)

1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. (Previously Condition L.1 of Resolution R-98-2040, Petition DOA82-174(D)) (CO / ONGOING: BLDG / CODE ENF - Zoning)

2. All outdoor lighting fixtures shall not exceed fifteen (15) feet in height, measured from finished grade to highest point. (Previously Condition L.2 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: BLDG - Zoning)

3. All outdoor lighting shall be extinguished no later than 9:00 p.m., excluding security lighting only. (Previously Condition L.3 of Resolution R-98-2040, Petition DOA82-174(D)) (ONGOING: CODE ENF)

4. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (Previously Condition L.4 of Resolution R-98-2040, Petition DOA82-174(D)) (ONGOING: CODE ENF)

L. SIGNS (DAYCARE CENTER ONLY)

1. Freestanding point of purchase signs fronting on 95^th Avenue South shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - six (6) feet;

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

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

d. Style - monument style only. (Previously Condition M.1 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: BLDG)

2. No off-premise signs or relocated billboards shall be permitted on the site. (Previously Condition M.2 of Resolution R-98-2040, Petition DOA82-174(D)) (ONGOING/DRC: CODE ENF/ZONING)

3. Wall signs shall be limited to the south and west facades of the daycare building. (Previously Condition M.3 of Resolution R-98-2040, Petition DOA82-174(D)) (CO: BLDG)

M. USE LIMITATION (DAYCARE CENTER ONLY)

1. Hours of operation for the daycare shall be limited to the following:

a. 6:00 a.m. 7:00 p.m. Monday through Friday. (Previously Condition N.1 of Resolution R-98-2040, Petition DOA82-174(D)) (ONGOING: CODE ENF)

N. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

3.D.15. RESOLUTION R-2000-0580

RESOLUTION FOR PETITION Z/COZ2000-7 (GLADES SQUARE) OF BENCHMARK CORPORATION, BY KILDAY & ASSOCIATES, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RS-SINGLE-FAMILY RESIDENTIAL TO CC-COMMUNITY COMMERCIAL WITH A CONDITIONAL OVERLAY ZONE (COZ) FOR THE 2.65-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF 95TH AVENUE SOUTH AND GLADES ROAD. (P.O.P. 700422 AND 700423) ADOPTED WITH CONDITIONS AS AMENDED 4-27-2000

Staff Recommendation: Approval of the rezoning and conditional overlay zone 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 April 7, 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 and Comprehensive Plan Amendment Ordinance 99-52. (ONGOING: ZONING/PLANNING)

B. ARCHITECTURAL CONTROL

2. Prior to final DRC certification of the site plan, the petitioner shall submit revisions of the Architectural elevations by Mummaw Associates, Inc. dated March 30, 2000 to the Public Hearing Section, Zoning Division for review. (DRC: ZONING)

3. 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 and complimentary with base colors. (DRC/BLDG PERMIT: ZONING/ BLDG/ZONING)

C. BUILDING AND SITE DESIGN

1. Total gross floor area for the furniture store shall be limited to a maximum of 26,058 square feet. No expansion of the building is permitted. (DRC: ZONING/PLANNING)

2. The maximum height for all structures, including all air conditioning and mechanical equipment, and satellite dishes shall not exceed twenty five (25) feet, excluding unoccupied decorative architectural elements which are not the major component of the roofing system (i.e. spires, belfries, etc.). These elements may exceed this height requirement up to an overall building height of thirty-two (32) feet. All heights shall be measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning - Planning)

3. Prior to final DRC certification of the site plan, the petitioner shall reduce the depth of the parking spaces along the north property line to sixteen(16) feet to allow the installation of a seven- and half (7.5) foot wide landscape area including a five (5) foot wide buffer. (DRC: ZONING)

4. Baydoors shall not be permitted on the north, south and west facades of the building. (BLDG PERMIT: BLDG - Zoning)

5. All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within fifty (50) feet of the north property line. (DRC /ONGOING: ZONING/CODE ENF)

6. Prior to final DRC certification of the site plan, the petitioner shall reduce the number of parking spaces to show a maximum of 130 spaces for the overall site. (DRC:ZONING)

D. 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 measured 4.5 feet above grade;

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

2. All palms required to be planted on site by this approval 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 may not supersede the requirement for (perimeter) canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

E. ENGINEERING

1. The Petitioner shall:

A) extend the existing right turn lane east approach on Glades Road at the project's entrance road in accordance with the Florida DOT approval.

i) All 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.

ii) Permits required by Florida DOT and the County Engineer for this construction shall be obtained prior to the issuance of the first Building Permit. (BLDG PERMIT: MONITORING-Eng)

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

2. The use of the property shall be limited to a furniture store or an equivalent use which does not generate more than 132 net external trips per day as determined by the Country Engineer. These net trips shall be based upon a traffic study submitted by the Developer's Engineer and approved by the Pam Beach County Traffic Division. (ONGOING: ENG/ZONING)

4. CUTOUT LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF GLADES ROAD

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

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

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

F. LANDSCAPING - INTERIOR

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

a. Provide one (1) landscape island for every ten (10) parking spaces for the parking area. The maximum spacing between landscape islands shall not exceed one hundred (100) linear feet. (DRC: ZONING)

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

a. The minimum width of the required landscape areas shall be 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) canopy tree or palm for each twenty (20) linear foot of building facade and appropriate ground cover. (DRC / CO: ZONING / LANDSCAPE)

3. One (1) palm or canopy tree for every twenty (20) linear feet of the length of each side of the loading area for the furniture sales building. The palms or trees shall be equally distributed on both sides of the loading area. (DRC/CO: ZONING/LANDSCAPE)

4. A minimum one thousand and five hundred (1,500) square feet of planting area shall be provided adjacent to the dumpster/recycle area and shall include the following:

a. a minimum of four (4) canopy trees with a maximum spacing of twenty five (25) feet;

b. a minimum of six (6) palms, in groups of three (3);

c. a minimum of three (3) small, flowering trees; and

d. appropriate ground cover shall also be installed in the entire planting area. (CO: LANDSCAPE)

G. LANDSCAPING ALONG THE NORTH PROPERTY LINE (ABUTTING DAYCARE)

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

a. a minimum seven and one half (7.5) foot wide landscape area including a five (5) foot wide buffer strip; and

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

c. twenty-four (24) inch high shrub or hedge material, spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of seventy-two (72) inches. Height of this hedge may be reduced to thirty-six (36) inches if an existing six (6) foot high opaque fence, wall, chain link fence or hedge is installed on the adjacent (north) property. In the event if the adjacent hedge, wall or fence on the property to the north is removed, this hedge shall be maintained at a minimum height of seventy-two (72) inches. (CO: LANDSCAPE)

H. LANDSCAPING ALONG THE SOUTH PROPERTY LINE (ABUTTING GLADES ROAD)

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

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

b. a continuous two (2) foot high berm measured from finished grade;

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

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

e. thirty (30) inch high shrub or hedge material, spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36)inches. A minimum of sixty (60)% of the shrub or hedge materials shall be planted on the plateau of the berm; and,

f. a minimum of three (3) small, flowering tree at the entrance area of Glades Road. Three (3) small flowering trees may supersede the requirement for one canopy tree at the entrance area. (CO: LANDSCAPE)

I. LANDSCAPING ALONG THE EAST PROPERTY LINE (ABUTTING BELLSOUTH SUBSTATION)

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

a. a minimum five (5) foot wide landscape buffer strip; and

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

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

d. a group of three (3) or more palm may supersede the requirement for canopy tree. (CO: LANDSCAPE)

J. LANDSCAPING ALONG THE WEST PROPERTY LINE (ABUTTING 95^th AVENUE SOUTH)

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

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

b. a continuous two (2) foot high berm measured from finished grade;

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

d. one (1) palm for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet between clusters;

e. twenty four (24) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation to be maintained at a minimum height of thirty-six (36) inches. A minimum of sixty (60)% of the shrub or hedge materials shall be planted on the plateau of the berm; and,

f. a minimum of three (3) small, flowering tree at the entrance area of 95^th Avenue South. Three (3) small flowering trees may supersede the requirement for one canopy tree at the entrance area.(CO: LANDSCAPE)

K. LIGHTING

2. All outdoor lighting fixtures shall not exceed fifteen (15) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning)

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

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

L. SIGNS

1. Freestanding (including entrance wall, point of purchase, directional signage) sign fronting on Glades Road shall be limited as follows:

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

b. maximum total sign face area per side - 100 square feet.

c. maximum number of signs - one (1).

d. style - monument style only;

e. location - intersection of Glades Road and 95^th Avenue South. (BUILDING-Zoning)

2. Prior to site plan certification by the Development Review Committee (DRC), a Master Signage Plan for all point of purchase, monument, wall and directional signs shall be approved by the Zoning Division. The master signage plan shall include, at a minimum, the proposed number of signs, sign type, location, unified colors, unified graphics, dimensions, materials and method of construction. (DRC: ZONING)

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

4. Wall signs shall not be permitted on the north facade of the building. (BUILDING-Zoning)

M. USE LIMITATION

1. Retail business activity shall not be allowed on site, including deliveries, prior to 7:00 a.m. nor continue later than 11:00 p.m. daily. (ONGOING: CODE ENF - Zoning)

2. Storage or placement of any material, refuse, equipment or debris shall not be permitted in the rear of the facility. (ONGOING: CODE ENF - Zoning)

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

4. Overnight storage or parking of delivery vehicles or trucks shall not be permitted on site, except within designated loading and delivery areas. (ONGOING: CODE ENF)

N. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Zoning Director Whiteford drew the Board's attention to a modified condition on the Amendments to the Agenda sheet:

Revised Condition B.2:

Prior to final DRC certification of the site plan, the petitioner shall submit revisions of the Architectural elevations by Mummaw Associates, Inc. dated March 30, 2000 to the Public Hearing Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations. (DRC: ZONING)

3.D.16. RESOLUTION R-2000-0581

RESOLUTION FOR PETITION CA99-84 (JESUS OUR SAVIOR CHURCH) OF APOSTOLIC MINISTRIES INTERNATIONAL, BY GREG CELENTANO, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A CHURCH OR PLACE OF WORSHIP ON THE 4.86-ACRE PROPERTY LOCATED APPROXIMATELY 900 FEET EAST OF E ROAD ON THE NORTH SIDE OF OKEECHOBEE BOULEVARD. (P.O.P. 700422 AND 700423) ADOPTED WITH CONDITIONS 4-27-2000

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 use as approved by the Board of County Commissioners. The approved site plan is dated February 16, 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. ABANDONED/EXISTING STRUCTURES

1. All abandoned, dilapidated, unsafe, structures, including the existing trailer on the subject property, as indicated on survey dated November 17, 1999, shall be removed prior to January 1, 2003. (DATE: MONITORING - Bldg)

C. ARCHITECTURAL CONTROL

1. The proposed church building shall be designed and constructed to be consistent with the facade elevations by Ahrens Companies dated March 30, 2000. (BLDG PERMIT: BLDG - 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 62-555 FAC 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. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Okeechobee Boulevard to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG PERMIT: MONITORING-Eng)

2. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for Okeechobee Boulevard, 60 feet from centerline on or before February 1, 2001 or prior to the issuance of the first Building Permit whichever shall first occur. Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING-Eng)

F. LANDSCAPE

1. Prior to final Development Review Committee certification, the petitioner shall submit an Alternative Landscape Plan. (DRC:LANDSCAPE-Zoning)

G. PARKING

1. Prior to final site plan certification by the Development Review Committee (DRC), the site plan shall be amended to indicate grassed parking for the perimeter parking spaces adjacent to the west property line and shall be in accordance with regulations set forth in Article 7.2 of the ULDC. (DRC: ZONING)

H. PLANNING

1. Per Recommendation 1.4 of the Loxahatchee Groves Neighborhood Plan, prior to final site plan certification by the Development Review Committee (DRC), the petitioner shall submit to the Planning Division architectural elevations of the proposed building depicting a design compatible with the rural character of the area. (DRC: PLANNING)

I. SIGNS

1. Freestanding point of purchase sign fronting on Okeechobee Boulevard 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 - 80 square feet;

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

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

J. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

3.D.17. RESOLUTION R-2000-0582

RESOLUTION FOR PETITION PDD99-68 (EXCELSIOR PARC) OF VELMA BUCKNER AND DONALD BUCKNER, J&N PROPERTIES INC., AND MARTIN PROPERTIES OF THE PALM BEACHES, BY ROBERT A. BENTZ, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 58.76-ACRE PROPERTY LOCATED APPROXIMATELY 1,300 FEET EAST OF HAGEN RANCH ROAD ON THE SOUTH SIDE OF BOYNTON BEACH BOULEVARD. (P.O.P. 700422 AND 700423) ADOPTED WITH CONDITIONS AS AMENDED 4-27-2000

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

B. 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: Fourteen feet trees shall be planted adjacent to Boynton West Boulevard all other trees may meet the twelve (12) feet minimum.

a. Tree height: fourteen (14) feet, or twelve (12) feet

b. Trunk diameter: 3.5 or 2.5 inches (for 12 feet trees)measured 4.5 feet or 3 feet (for 12 feet trees) above grade;

c. Canopy diameter: seven (7) feet, or six (6) feet (for 12 feet trees) . 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 or 3 feet (for 12 feet trees) 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)

C. LANDSCAPING ALONG NORTH PROPERTY LINE (ADJACENT TO WEST BOYNTON BEACH BOULEVARD)

1. Landscaping and buffering along the north property line adjacent to West Boynton Beach Boulevard shall be upgraded to include:

a. A minimum twenty-five (25) foot wide landscape buffer strip; and

b. A six (6) foot high opaque concrete wall. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. (CO: LANDSCAPE)

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

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

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

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

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

D. LANDSCAPING ALONG SOUTH AND EAST PROPERTY LINE (ADJACENT TO 102ND PLACE AND 70TH AVE SOUTH)

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

a. A minimum twenty (20) foot wide landscape buffer strip adjacent to 70^th Avenue South and a minimum fifteen (15) foot wide landscape buffer strip adjacent to 102^nd Place;

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

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

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

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

E. ENGINEERING

The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for 102^nd Place, 30 feet from centerline prior to the issuance of the first Building Permit. Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING-Eng)

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

a. Building Permits for more than 53 single family dwelling units shall not be issued until contracts have been let for the construction of Boynton Beach Boulevard as a 6 lane section from Hagen Ranch Road to Jog Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

b. Building Permits for more than 115 single family dwelling units shall not be issued until contract have been let for construction of Hagen Ranch Road as a 5 lane section from Boynton Beach Boulevard to Lake Ida Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

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. (DATE: MONITORING: Eng)

3. The Property Owner shall construct a directional median opening on Boynton Beach Boulevard opposite the project's entrance road, when warranted, as determined by the County Engineer, or as an alternative, if permitted by the Florida Department of Transportation, fund one half the cost of a traffic signalization at this intersection. Should signalization not be warranted after twelve (12) months of the final certificate of occupancy, this property owner shall be relieved from this condition. If the property owner constructs the directional median opening, then paver blocks shall be provided within the left run lanes on the east approach and west approach on Boynton Beach Boulevard. (ONGOING: MONITORING-Eng).

4. The Property owner shall construct a left turn lane east approach and a directional median opening on Boynton Beach Boulevard at the project's entrance road a minium length of 300 feet in accordance with the Florida Department of Transportation approval:

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

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

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

5. MAINTENANCE OF LANDSCAPE WITHIN MEDIAN OF STATE ROADS

The Property Owner shall be responsible for one-third (1/3) of the total cost of the maintenance of the existing landscaping, paver blocks, etc. within the median of Boynton Beach Boulevard from 70th Avenue to Hagen Ranch Road. This obligation shall be a perpetual obligation of the petitioner and its successors, or assigns or duly established Homeowner's Owner's Association and shall be incorporated in the Declaration of Covenants and Restrictions for the development.

This money shall be submitted on an annual basis to the County Engineering Department. (ONGOING: MONITORING-Eng)

6. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF BOYNTON BEACH BOULEVARD

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to provide landscape cutouts within the concrete median of Boynton Beach Boulevard right-of-way contiguous to the frontage. As part of this permit process, the property owner shall enter into a Right of Way, concrete median cutout, Landscape Installation and Maintenance, Removal, and Indemnification Agreements. All new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Palm Beach County Standards. Alternative plant and paver block material other than those listed in the County standards may be permitted subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng.)

The maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in accordance with the adopted policy approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, and the irrigation system. All landscape material shall be installed prior to the issuance of the first certificate of occupancy. (CO: MONITORING - Eng)

7. Construction access shall be from 70^th Avenue and shall be paved to local street standards from Boynton Beach Boulevard to the project's entrance. (ONGOING: ENG)

F. LANDSCAPING ALONG WEST PROPERTY LINE (ADJACENT TO RESIDENTIAL)

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

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

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

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

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

G. LANDSCAPING ALONG THE NORTHWEST PORTION OF THE SUBJECT SITE (ADJACENT TO COMMERCIAL AND POTENTIAL COMMERCIAL PROPERTY)

1. Landscaping and buffering along the northwest portion of the subject property, beginning on the northwest corner adjacent to Boynton Beach Boulevard and approximately 500 feet along the west, 330 along the north, 220 along the west and 660 feet along the north property line shall be upgraded to include:

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

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

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

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

H. LWDD

1. Prior to final plan approval the owner shall convey to the District either by quit claim or easement, the North 75 feet of Tracts 1 &2, Block 55 for the required right-of-way for the L-24 Canal. (PLAT: ENG-LWDD)

I. MASS TRANSIT

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

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to issuance of a building permit for more than 25% (57) of the units. The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (BLDG PERMIT: MONITORING - Eng)

J. 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 January 27, 2000 (Rec.# 37, 40, and 47). In addition, the street cross sections shown on the regulating plan shall be revised to switch and reverse the location of the trees in relation to the sidewalk and the roadway. The site plan shall also indicate the types of shade trees to be planted internal to the site. (DRC: PLANNING)

2. Prior to final DRC approval, the PDP, all subdivision and site plans shall be amended to reflect compliance with the Boynton Beach Turnpike Interchange Corridor - Design Guidelines and Standards Manual, dated November 12, 1996, inclusive of the following landscaping provisions:

a. Section 2: Boynton Beach Boulevard Buffers/Streetscape and Median; and,

b. Section 3: Landscaping Guidelines. (DRC: PLANNING)

3. Signage proposed at the entrance to the project from Boynton Beach Boulevard shall be designed and constructed in accordance with Section 5 - "signage Guidelines" of the Boynton Beach Turnpike Interchange Corridor - Design Guidelines and Standards Manual, dated November 12, 1996 (BLDG PERMIT: BLDG - Planning)

4. Prior to the issuance of a building permit, the property owner shall include in the landscape median permit application, landscaping details/specifications meeting the standards as set forth in Section 2B (1) (2) of the Boynton Beach Turnpike Interchange Corridor - Design Guidelines and Standards Manual, dated November 12, 1996 (BLDG PERMIT: MONITORING - Planning)

K. PLANNED UNIT DEVELOPMENT

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

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

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

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

5. 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.

6. A focal point shall be provided at the terminus of the main entry and at the terminus of each residential street, including T-intersections), or cul-de-sac. This focal point shall be shall be in the form of a plaza, fountain, arcade, pavers, or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING)

7. Lots fronting on a T-intersection shall support units with a side-loaded garage with accent landscaping. (DRC: ZONING)

8. 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
Front Setback	22.5' minimum (10%)
Building Coverage	55% maximum

9. No rear, side interior or side street setback reductions may be permitted. (DRC: ZONING)

10. Street trees shall be installed as follows:

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. (DRC: ZONING)

11. Prior to final site plan approval the master plan shall be amended to reflect 228 units consistent with the conceptual site plan dated January 27, 2000. (DRC: ZONING)

L. SCHOOL BOARD

"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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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 any flagrant violation and/or continued violation of any condition of approval.

Zoning Director Whiteford informed the Board that the petitioner wished to read a new condition into the record.

Robert A. Bentz, agent, read the following, which he said was being added at the request of the Palm Isles community:

Added Condition E.8:

The property owner shall be responsible for replacing the Lantana species within the Lantana Beds (7 beds) identified by Palm Isles along Boynton Beach Boulevard in accordance with FDOT guidelines and Palm Isles Boynton Beach Boulevard Streetscape Plan. The plant material selected shall be mutually agreed upon by the property and Palm Isles. The landscaping shall be installed by September 1, 2001. (DATE: MONITORING-Eng)

Mr. Whiteford said the condition was acceptable to staff.

(CLERK'S NOTE: See Page 81 for a remark by a member of the public.)

3.E. RECEIVE AND FILE ZONING COMMISSION RESOLUTIONS

3.E.18. PETITION 98-69

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0003, APPROVING STATUS REPORT CR98-69/E2 FOR PETITION CB98-69 (ALZATE NURSERY) OF BERNARDO ALZATE AND LUZ ALZATE TO DELETE CONDITION E.2 FROM ZONING COMMISSION RESOLUTION ZR-99-2, WHICH APPROVED A CLASS B CONDITIONAL USE (CB) FOR A WHOLESALE NURSERY ON THE 1.12-ACRE PROPERTY LOCATED APPROXIMATELY 75 FEET EAST OF CONGRESS AVENUE ON THE SOUTH SIDE OF PALMARITO ROAD. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.E.19. PETITION 95-17

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0004 FOR PETITION CB95-17(E) (ADDISON COURT DAYCARE) OF ADDISON COURT INC. AND FRIENDS OF THE CHABAD OF BOCA RATON, INC., TO CORRECT THE CONDITIONS OF APPROVAL OF ZONING COMMISSION RESOLUTION ZR-99-13, WHICH APPROVED A CLASS B CONDITIONAL USE (CB) FOR A GENERAL DAY-CARE FACILITY ON THE 6.12-ACRE PROPERTY LOCATED APPROXIMATELY 500 FEET NORTH OF CLINT MOORE ROAD ON THE EAST SIDE OF MILITARY TRAIL. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.E.20. PETITION 74-122

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0005 FOR PETITION CB74-122(A) OF BOCA RATON UNITED METHODIST CHURCH TO CORRECT CONDITION A.2 OF ZONING COMMISSION RESOLUTION ZR-99-9, WHICH APPROVED A CLASS B CONDITIONAL USE (CB) FOR A GENERAL DAY CARE FACILITY ON THE 4.2-ACRE PROPERTY LOCATED APPROXIMATELY 500 FEET WEST OF LYONS ROAD ON THE NORTH SIDE OF GLADES ROAD. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.E.21. PETITION 99-50

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0006 FOR PETITION CB99-50 (ENGLERT NURSERY) OF DAVID ENGLERT AND BRENDA ENGLERT TO CORRECT CONDITION E.2 OF ZONING COMMISSION RESOLUTION ZR-99-18, WHICH APPROVED A WHOLESALE NURSERY ON THE 80.0-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE WEST OF STATE ROAD 7 (U.S. 441) AND 0.25 MILE SOUTH OF LANTANA ROAD. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.E.22. PETITION 99-73

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0007 FOR PETITION CB99-73 (WAFC TOWER) OF GLADES MEDIA COMPANY TO CORRECT THE CONDITIONS OF APPROVAL OF ZONING COMMISSION RESOLUTION ZR-99-20, WHICH APPROVED A 500-FOOT COMMUNICATION TOWER ON THE 21.817-ACRE PROPERTY LOCATED IN THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 44 SOUTH, RANGE 35 EAST, AND IN THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 44 SOUTH, RANGE 36 EAST. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.E.23. PETITION 95-83

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0008 FOR PETITION DOA95-83(C) OF LANE BOATHOUSE LC/WILBUR LANE AND EVA LANE, BY RONALD KOLINS, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITION F.1 IN ZONING COMMISSION RESOLUTION ZR-96-4 FOR PARCELS 1, 2, AND 3 ON CARLYLE JUPITER ISLAND. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.E.24. PETITION 99-11

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-0009 FOR PETITION CB99-11 OF EVERGLADES FARM EQUIPMENT COMPANY, BY ROBERT E. BASEHART, AGENT, FOR A CLASS B CONDITIONAL USE (CB) TO ALLOW AGRICULTURAL SALES AND SERVICES IN THE RSER-RURAL SERVICES ZONING DISTRICT ON A 12.21-ACRE PARCEL OF LAND LYING IN LOT 4, BLOCK K, LOXAHATCHEE DISTRICT SUBDIVISION, TOWNSHIP 43 SOUTH, RANGE 41 EAST. APPROVED 4-27-2000

Staff Recommendation: Receipt and file of the resolution.

3.F. STATUS REPORTS

3.F.25. PETITION 89-97

STATUS REPORT SR89-97.7 FOR RESOLUTIONS R-90-362 AND R-90-363 FOR PETITION 89-97 (MELALEUCA SHOPPES) OF W. G. LASSITER, JR., TRUSTEE AND PROPERTY OWNER, TO APPROVE A TIME EXTENSION UNTIL FEBRUARY 27, 2002, FOR THE 2.6-ACRE PROPERTY LOCATED APPROXIMATELY 0.04 MILE SOUTH OF THE MILITARY TRAIL-MELALEUCA LANE INTERSECTION ON THE WEST SIDE OF MILITARY TRAIL. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT A PLANNED COMMERCIAL DEVELOPMENT. APPROVED 4-27-2000

Staff Recommendation: Approval of the time extension until February 27, 2000.

3.F.26. PETITION 89-98

STATUS REPORT SR89-98.7 FOR RESOLUTIONS R-90-364 AND R-90-365 FOR PETITION 89-98 (LAKEWOOD PLAZA PCD) OF ALLAN GLUCKSTERN (PROPERTY OWNER: W. G. LASSITER, JR., TRUSTEE) TO APPROVE A TIME EXTENSION UNTIL FEBRUARY 27, 2002, FOR THE 3.95-ACRE PROPERTY LOCATED APPROXIMATELY 0.02 MILE SOUTH OF THE MILITARY TRAIL-MELALEUCA LANE INTERSECTION ON THE WEST SIDE OF MILITARY TRAIL. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT A PCD-PLANNED COMMERCIAL DEVELOPMENT. APPROVED 4-27-2000

Staff Recommendation: Approval of the time extension until February 27, 2000.

3.F.27. PETITION 94-65

STATUS REPORT SR94-65(A).2 FOR RESOLUTION R-99-530 FOR PETITION 94-65(A) (GUN CLUB EXXON) OF ESOIL CORPORATION (PROPERTY OWNER: ELWILL ASSOCIATES, INC.) TO APPROVE A TIME EXTENSION UNTIL JULY 6, 2000, FOR THE 1.43-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE GUN CLUB ROAD-MILITARY TRAIL INTERSECTION. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A CLASS A CONDITIONAL USE (CA) TO ALLOW A CONVENIENCE STORE WITH GAS SALES (FOUR PUMPS). APPROVED 4-27-2000

Staff Recommendation: Approval of the time extension until July 6, 2000.

3.F.28. PETITION 95-96

STATUS REPORT SR95-96.2 FOR RESOLUTION R-96-257 FOR PETITION 95-96 (JOY/312 REZONING) OF TIDAL WAVE INVESTMENT CORPORATION, INC., PROPERTY OWNER, TO APPROVE A TIME EXTENSION UNTIL FEBRUARY 22, 2001, FOR THE 1.0-ACRE PROPERTY LOCATED APPROXIMATELY 0.2 MILE NORTH OF SOUTHERN BOULEVARD ON THE EAST SIDE OF TALL PINES ROAD. THE PROPERTY IS ZONED IL-LIGHT INDUSTRIAL. APPROVED 4-27-2000

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

3.F.29. PETITION 96-85

STATUS REPORT SR96-85A FOR RESOLUTIONS R-96-1954 AND R-96-1955 FOR PETITION 96-85(A) (RECIO REZONING) OF EDDY RECIO AND SILVIA RECIO, PROPERTY OWNERS, TO APPROVE A TIME EXTENSION UNTIL DECEMBER 2, 2001, FOR THE 0.32-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF DOLAN ROAD AND CONGRESS AVENUE. THE PROPERTY IS ZONED CLO-LIMITED OFFICE COMMERCIAL WITH A CLASS A CONDITIONAL USE FOR A MEDICAL OFFICE OR DENTAL CLINIC. APPROVED 4-27-2000

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

3.F.30. RESOLUTION R-2000-0583

RESOLUTION FOR STATUS REPORT SR96-112 FOR RESOLUTIONS R-97-264 AND R-97-265 FOR PETITION 96-112 (GOOGE TOWER) OF SPRINT SPECTRUM L.P. (PROPERTY OWNERS: THOMAS W. GOOGE AND LYNN E. GOOGE) TO EXEMPT RESOLUTION R-97-264 (REZONING) FROM FURTHER SECTION 5.8 REVIEW AND ADOPT A RESOLUTION TO REVOKE THE CLASS A CONDITIONAL USE (CA) ALLOWING A COMMERCIAL COMMUNICATION TOWER (150-FOOT MONOPOLE). (REVOKES R-97-265) EXEMPTED R-97-264 AS STATED AND ADOPTED RESOLUTION REVOKING CONDITIONAL USE 4-27-2000

Staff Recommendation: Exemption of Resolution R-97-264 (rezoning) from further Section 5.8 review and adoption of a resolution revoking Resolution R-97-265 (conditional use).

3.G. TDR CONTRACT, ESCROW AGREEMENT, AND DEED

3.G.31.

a. RESOLUTION R-2000-0584

CONTRACT WITH TRANSEASTERN PROPERTIES, INC. (DEVELOPER, THOROUGHBRED LAKES ESTATES PLANNED UNIT DEVELOPMENT; PETITION PDD/TDR97-72[A]), FOR THE SALE AND PURCHASE OF 162 TRANSFER OF DEVELOPMENT RIGHTS (TDR) UNITS FROM THE COUNTY TDR BANK AT A PURCHASE PRICE OF $5,575 PER UNIT FOR 116 UNITS AND $5,600 PER UNIT FOR 46 UNITS, FOR A TOTAL PURCHASE PRICE OF $904,300. THE 94.62-ACRE PROPERTY IS LOCATED APPROXIMATELY 0.2 MILE NORTH OF LANTANA ROAD ON THE WEST SIDE OF STATE ROAD 7 (U.S. 441). (SEE R-98-119 AND R-98-746) APPROVED 4-27-2000

Staff Recommendation: Approval of the sale and purchase contract.

b. RESOLUTION R-2000-0585

ESCROW AGREEMENT WITH TRANSEASTERN PROPERTIES, INC. (DEVELOPER, THOROUGHBRED LAKES ESTATES PLANNED UNIT DEVELOPMENT; PETITION PDD/TDR97-72[A]), FOR THE SALE AND PURCHASE OF 162 TRANSFER OF DEVELOPMENT RIGHTS (TDR) UNITS FROM THE COUNTY TDR BANK AT A PURCHASE PRICE OF $5,575 PER UNIT FOR 116 UNITS AND $5,600 PER UNIT FOR 46 UNITS. FOR A TOTAL PURCHASE PRICE OF $904,300. THE 94-62-ACRE PROPERTY IS LOCATED APPROXIMATELY 0.2 MILE NORTH OF LANTANA ROAD ON THE WEST SIDE OF STATE ROAD 7 (U.S. 441). (SEE R-98-119 AND R-98-746) APPROVED 4-27-2000

Staff Recommendation: Approval of the escrow agreement.

3.G.32. RESOLUTION R-2000-0586

QUITCLAIM DEED CONVEYING 162 TRANSFER OF DEVELOPMENT RIGHTS (TDR) UNITS TO TRANSEASTERN PROPERTIES, INC. (DEVELOPER, THOROUGHBRED LAKES ESTATES PLANNED UNIT DEVELOPMENT; PETITION PDD/TDR97-72[A]). THE 94.2-ACRE PROPERTY IS LOCATED APPROXIMATELY 0.2 MILE NORTH OF LANTANA ROAD ON THE WEST SIDE OF STATE ROAD 7 (U.S. 441). (SEE R-98-119 AND R-98-746) APPROVED 4-27-2000

Staff Recommendation: Execution of the quitclaim deed.

3.H. ABANDONMENT RESOLUTIONS

3.H.33. RESOLUTION R-2000-0587

RESOLUTION FOR PETITION ABD79-111(A) (CASTLETINY FARMS) OF JOHN F. VAN LENNEP REAL PROPERTIES INC., BY JOHN F. VAN LENNEP, AGENT, TO ABANDON THE SPECIAL EXCEPTION GRANTED BY RESOLUTION R-79-708 TO ALLOW A COMMERCIAL STABLE AND HORSE BREEDING AND TRAINING FARM, INCLUDING A WATER TREATMENT FACILITY, AND TO ABANDON THE SPECIAL EXCEPTION GRANTED BY RESOLUTION R-89-905 TO AMEND AND EXPAND THE SITE PLAN FOR A COMMERCIAL STABLE AND HORSE BREEDING AND TRAINING FARM, INCLUDING A WATER TREATMENT PLANT, TO INCREASE BUILDING SQUARE FOOTAGE AND INCREASE ACREAGE. (REVOKES R-79-708 AND R-89-905) ADOPTED 4-27-2000

Staff Recommendation: Approval of the abandonment of the special exception granted by Resolutions R-79-708 and R-89-905 and adoption of a resolution affirming that action.

3.H.34. RESOLUTION R-2000-0588

RESOLUTION FOR PETITION ABD99-31 (MICCOSUKEE ESTATES) OF KENCO COMMUNITIES AT THE RANCH, INC., BY KILDAY & ASSOCIATES, AGENT. TO ABANDON RESOLUTION R-99-1214, WHICH APPROVED A CLASS A CONDITIONAL USE TO ALLOW AN AGRICULTURAL EXCAVATION ON THE 81.48-ACRE PROPERTY LOCATED APPROXIMATELY 1.0 MILE SOUTH OF WEST ATLANTIC AVENUE ON THE WEST SIDE OF LYONS ROAD (AKA ONE MILE ROAD). (REVOKES R-99-1214) ADOPTED 4-27-2000

Staff Recommendation: Approval of the abandonment of Resolution R-99-1214 and adoption of a resolution affirming that action.

MOTION to approve the Consent Agenda as amended. Motion by Commissioner Roberts and seconded by Commissioner Aaronson.

Commissioner Masilotti thanked the staff for their diligent work on Item 3.C.10. and the applicant for agreeing to keep the rural area rural.

At this time, the Board made their disclosures on Consent Agenda items: Commissioner Roberts on Item 3.H.34. and Commissioner Masilotti on Item 3.C.10. Commissioners Aaronson, Lee, McCarty, and Marcus had no disclosures to make.

Zoning Director Whiteford asked if the motion included the adoption of resolutions affirming the applicable actions.

AMENDED MOTION to include the adoption of resolutions affirming the applicable actions. The maker and seconder agreed.

PUBLIC COMMENT:

Harry McFord was called to the podium to speak on Item 3.D.17. He said he had not wished to speak, only to indicate his opposition to the petition.

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

4. REGULAR AGENDA

4.A. ITEMS PULLED FROM CONSENT AGENDA - None

4.B. STATUS REPORT

4.B.35. PETITION 85-91

STATUS REPORT SR85-91A.7 FOR RESOLUTION R-89-1438 FOR PETITION 85-91(A) (COMFORT INN) OF OKEECHOBEE MOTEL JOINT VENTURE (PROPERTY OWNER: WEST PALM BEACH INNKEEPERS) TO APPROVE A DEVELOPMENT ORDER AMENDMENT (DOA) TO AMEND CONDITIONS OF APPROVAL AND TO REVOKE THE PART OF THE SPECIAL EXCEPTION THAT PERMITTED THE AMENDMENT OF THE SITE PLAN FOR A MOTEL TO INCREASE THE SQUARE FOOTAGE. THE 2.99-ACRE PROPERTY IS LOCATED APPROXIMATELY 220 FEET WEST OF WEST DRIVE ON THE NORTH SIDE OF OKEECHOBEE BOULEVARD AND IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION THAT AMENDED THE SITE PLAN FOR A MOTEL TO INCREASE THE SQUARE FOOTAGE AND DECREASE THE LAND AREA. POSTPONED TO JULY 27, 2000 -- 4-27-2000

Revised Staff Recommendation: See below.

Principal Planner Linda Monroe informed the Board that she had received a faxed postponement request on April 25 from Lola Thomas, agent for the property owner, who cited family medical problems as an extenuating circumstance for exemption from County policy that status report postponement requests must be received on the Friday preceding the Thursday meeting. She said she told Ms. Thomas that the request needed to be made directly to the Board; no one was present at the meeting, however. Staff had no problem with another postponement, she added.

Upon questioning by Commissioner McCarty, Commissioner Masilotti, the district commissioner, indicated he had no problem with postponing the item.

Commissioner Marcus expressed reservations about making an exception to policy. Such a precedent would invite similar requests from other petitioners. Either a policy should be adhered to, she said, or there should be no policy. Commissioner Aaronson said he thought the Board could make an exception in the case of medical problems. Ms. Marcus agreed.

Ms. Monroe suggested a postponement date of July 27, 2000.

MOTION to POSTPONE Status Report SR85-91A.7 to July 27, 2000. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 6-0. Commissioner Newell absent.

4.C. ZONING PETITIONS

4.C.36.

a. RESOLUTION R-2000-0589

RESOLUTION FOR PETITION Z84-5(B) (UNITED CEREBRAL PALSY DAYCARE) OF UNITED CEREBRAL PALSY, BY DONNA REED, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) TO RS-SINGLE-FAMILY RESIDENTIAL FOR THE 3.29-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF COCONUT ROAD AND 2ND AVENUE NORTH. (P.O.P. 700422 AND 700423) ADOPTED 4-27-2000

Staff Recommendation: Approval of the rezoning from RM to RS and adoption of a resolution affirming that action.

b. RESOLUTION R-2000-0590

RESOLUTION FOR PETITION CA84-5(B) (UNITED CEREBRAL PALSY DAYCARE) OF UNITED CEREBRAL PALSY, BY DONNA REED, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A GENERAL DAY-CARE FACILITY ON THE 3.29-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF COCONUT ROAD AND 2ND AVENUE NORTH. (AMENDS R-84-818 AND R-85-1079) (P.O.P. 700422 AND 700423) ADOPTED WITH CONDITIONS 4-27-2000

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

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R-84-818 (Petition 84-005), R-85-1079 (Petition 84-005A), 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 use as approved by the Board of County Commissioners. The approved site plan is dated February 25, 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)

3. Condition 3 of Resolution R-85-1079, Petition SE84-005(A) which currently states:

The petitioner shall present a notarized Affidavit of Disclosure at the Zoning Authority Meeting.

Is hereby deleted: No longer required

B. DAY CARE

1. The day care center shall be limited to a maximum (licensed capacity) of 120 adults and 60 children (at any one time). (ONGOING: HEALTH)

C. HEALTH

1. Condition 5 of Resolution R-84-0819, Petition SE84-005 which currently states:

Reasonable precautions shall be exercised during side development to insure that unconfined particulates (dust particles) from this property do not become a nuisance to neighboring properties.

Is hereby deleted: Code Requirement

2. Condition 6 of Resolution R-84-0819, Petition SE84-005 which currently states:

Reasonable measures shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters.

Is hereby deleted: Code Requirement

3. Connection to the Palm Springs Sewage collection system shall be made within 120 days of notification by the Health Department that service is available within 500 feet of this property. (Previously Condition 7 of Resolution R-84-0819, Petition SE84-005). Note: Complete

D. LANDSCAPE

1. Prior to certification, the site plan shall be amended to provide:

A six foot high solid wood fence along the northern 340 feet frontage of Coconut Road to screen the Club's proposed parking area. This fence shall be supplemented by 8' canopy trees planted at thirty feet on center.
An opaque hedge or fence shall be constructed along the north property line. Previously Condition 8 of Resolution R-84-0819, Petition SE84-005 (CO: LANDSCAPE - Zoning)

2. The existing hedge along the north, east, and west property lines shall be maintained at a height of six (6) feet to provide a continuous opaque screen. (CO: LANDSCAPE - Zoning)

3. Credit may be given for existing hedges and fences provided they meet current ULDC standards pursuant to Section 7.3. (CO: LANDSCAPE - Zoning)

4. Prior to building permit the petitioner shall replace any existing damaged or dead and missing plant materials pursuant to the previously approved site plan (Exhibit 13 of Petition 84-005) for the entire site. The replacement landscape material shall meet the current ULDC requirements at time of installation. (DRC: ZONING)

E. ENGINEERING

1. Condition 1 of Resolution R-84-0819, Petition SE84-005 which currently states:

This development shall retain onsite 100% of the stormwater runoff generated by a three (3) year storm per requirements of the Permit Section. Land Development Division.

Is hereby deleted: Code Requirement

2. This project's access shall be limited to the parcel's Southeast corner on 2^nd Avenue. The developer shall construct at this turnout,

a) left turn lane west approach,

b) right turn lane east approach. (Previously Condition 2 of Resolution R-84-0819, Petition SE84-005) [NOTE: completed]

3. Condition 3 deleted by Resolution R-85-1079, Petition DOA84-005(A).

4. Condition 4 of Resolution R-84-0819, Petition SE84-005 which currently states:

The developer shall contribute Two Thousand Five Hundred Dollars ($2,500.00) toward the cost of meeting this project's direct and identifiable impact, to be paid at the time of issuance of the Building Permit.

Is hereby deleted: Impact fees are code requirement

5. Within 90 days of this approval, the property owner shall convey to Palm Beach County for the ultimate right of way of:

a. 2^ND Avenue North, 40 feet from centerline, approximately an additional 7 feet, and

b. Coconut Road, 30 feet from centerline, approximately an additional 15 feet.

All conveyances must be accepted by Palm Beach County prior to issuance of first Building Permit. (Previously Condition 10 of Resolution R-84-0819, Petition SE84-005). Note: Complete

6. This development shall clean and maintain existing drainage ditch along the northern right-of-way to it's ultimate outfall. (Previously Condition 11 of Resolution R-84-0819, Petition SE84-005). (ONGOING: ENG)

7. The Developer shall cooperate with the surrounding neighbors and the Engineering Department for a Comprehensive Drainage Program for Coconut Road. (Previously Condition 12 of Resolution R-84-0819, Petition SE84-005). (ONGOING: ENG)

8. Prior to January 1, 2001 the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for a corner clip at the intersection of 2^nd Avenue North and Coconut Road a 25 foot "Corner Clip." The Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (DATE: MONITORING-Eng)

F. LANDSCAPE ALONG 2^ND AVENUE NORTH FRONTAGE

1. Landscaping shall be upgraded to include:

a. One group of three (3) palms every 90 feet.

(CO: LANDSCAPE - Zoning)

G. USE LIMITATION

1. Condition 9 of Resolution R-84-0819, Petition SE84-005 which currently states:

Because this approval is for a private club, this facility shall not be open to the general public.

Is hereby deleted: not applicable to this petition request

2. Condition 13 of Resolution R-84-0819, Petition SE84-005 which currently states:

This facility shall limit its hours of operation from:

7:00 a.m. to 10:00 p.m. Sunday through Thursday and,

7:00 a.m. to 1:00 a.m. Friday through Saturday.

Bingo shall be limited to the hours between 6:P.M. and 10:30 P.M.

Is hereby deleted: not applicable to this petition request

3. Condition 14 of Resolution R84-0819, Petition SE84-005 which currently states:

If overflow parking from this site becomes a nuisance to this neighborhood, the Petitioner shall provide additional parking on-site.

Is hereby deleted: not applicable to this petition request

H. SIGNS

1. In the event, the existing sign is relocated, the sign shall be replaced with freestanding point of purchase sign fronting on 2^nd Avenue North and 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 - 60 square feet;

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

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

I. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Roy R. Lustig, agent, said he was available for questions and comments.

PUBLIC COMMENT: None

MOTION to adopt a resolution approving the request of Petition Z84-5(B) for an Official Zoning Map Amendment from RM to RS. Motion by Commissioner McCarty, seconded by Commissioner Masilotti, and carried 6-0. Commissioner Newell absent.

MOTION to adopt a resolution approving the request of Petition CA84-5(B) for a Class A Conditional Use to allow a general day-care facility, subject to the conditions. Motion by Commissioner McCarty, seconded by Commissioner Roberts, and carried 6-0. Commissioner Newell absent.

4.C.37. RESOLUTION R-2000-0591

RESOLUTION FOR PETITION PDD99-92 (SPALDING MUPD) OF THOMAS SPALDING AND BETTY JO SPALDING/GIANOLIO LTD PARTNERSHIP, BY LAND DESIGN SOUTH, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT TO A PLANNED DEVELOPMENT DISTRICT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT FOR THE 25.9-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JOG ROAD AND LAKE IDA ROAD. (P.O.P. 700422 AND 700423) ADOPTED WITH CONDITIONS AS AMENDED 4-27-2000

Staff Recommendation: Approval of the rezoning from AR to MUPD 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 February 24, 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, roof pitch and treatment, material, fenestration, and horizontal and vertical architectural details shall be provided on all sides of the buildings. (BLDG PERMIT: BLDG - Zoning)

2. All proposed buildings shall be designed and constructed to be consistent with the architectural character depicted in the facade renderings by Glen Santayana dated February 2, 2000. Modifications may be permitted subject to compliance with all of the following:

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 existing adjacent residences;

c. The architectural treatments are approved by the Architectural Review Section of the Zoning Division. (BLDG PERMIT: BLDG - Zoning)

4. All roof top mechanical and electrical equipment, including satellite dishes, shall be screened from view on all sides by a parapet or roof treatment (i.e. cuppola, dormer, etc.) (BLDG PERMIT: ZONING/BLDG)

5. Prior to final site plan approval by the Development Review Committee, colored architectural elevations for the main center (Retails #1-3) shall be submitted for approval by the Architectural Review Section of the Zoning Division. Elevations of all remaining buildings on the site shall also be designed and constructed consistent with these approved elevations. Consistency shall mean having similar colors, roof design/pitch/ and treatment, materials, fenestration, and horizontal and vertical architectural details. (DRC/BLDG PERMIT: ZONING)

C. BUILDING AND SITE DESIGN

1. The maximum height for all structures, including all air conditioning, 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.). These elements may exceed this height requirement up to an overall building height of forty (40) feet provided that all required setbacks are met. 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 principle structure or equivalent landscape material. (CO: BLDG - Zoning)

3. All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within 100' feet of the east property line and shall be confined to the general areas designated on the site plan. (DRC/ONGOING: ZONING/CODE ENF)

4. A pedestrian and/or nonvehicular connection to the MUPD shall be provided from Delray Villas if requested by the residents of Delray Villas. This connection, if requested, shall be installed prior to the issuance of the first Certificate of Occupancy for the MUPD. To be relieved of this condition, the petitioner shall provide documentation to the Building and Zoning Divisions from Delray Villas Master HOA if a connection is not desired. (CO: BLDG - Zoning)

D. HEALTH

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

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

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

E. ENGINEERING

1. Prior to December 1, 2000 or prior to the issuance of a building permit the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed additional to provide for an expanded intersection on Lake Ida Road at Jog Road.

Additional right-of-way for Lake Ida Road shall be in accordance with the County Engineer approval for the minimum storage and taper length. All right of way shall be free of all encumbrances and encroachments and shall include "Corner Clips" where appropriate as determined by the County Engineer. The Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (BLDG PERMIT: MONITORING - Eng)

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

a) Jog Road south approach at the project's south entrance road.

b) Lake Ida Road east approach if the projects entrance remains in the current location as shown on the February 24, 2000 site plan.

Additional right-of-way on Jog Road and Lake Ida Road shall be in accordance with the County Engineer approval for the minimum storage and taper length. All right of way shall be free of all encumbrances and encroachments and shall include "Corner Clips" where appropriate as determined by the County Engineer. The Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. (BLDG PERMIT: MONITORING - Eng)

3. Prior to DRC approval of the site plan a geometric study for Lake Ida Road from Jog Road east to the project's east property line shall be prepared by the property owner and shall be approved by the County Engineer. This geometric study shall also include the appropriate paved tapers to determine the impact's of the project's entrance road onto Lake Ida Road. If the projects entrance remains in its current location as shown on the February 24, 2000 site plan then a concrete traffic separator shall be constructed from Jog Road east a minium distance of 400 feet. Also, the intersection of Jog Road and Lake Ida Road shall be reconstructed and additional east bound lanes shall be provided to accommodate "U" turns at this intersection. The west side of this intersection shall also be redesigned to accommodate east and west bound traffic.

If the project's entrance is relocated to the project's east property line then a separate left turn lane west approach and a right turn lane east approach shall be constructed by the property owner. (DRC: ENG)

4. The Property owner shall construct all improvements identified in the approved geometric study 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 or modifications to the adjacent Lake Worth Drainage District Canal. Acceptable surety in the amount of 110% of the Certified Cost Estimate provided by the Developers Engineer and approved by the County Engineer shall be provided to the Land Development Division for the adjacent road improvements prior to issuance of a Building Permit. (BLDG PERMIT: MONITORING - Eng)

a) 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)

b) All construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING - Eng)

5. The Property owner shall:

a) construct a right turn lane south approach on Jog Road at the project's south entrance road

b) construct a right turn lane east approach on Lake Ida Road at the project's entrance road

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.

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)

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

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

a) Building Permits for no more than 35,000 square feet of general retail (or the equivalent of 2042 net external daily trips) until the contract has been let for the construction of Lake Ida Road from Military Trail to Barwick Road to a 4-lane divided cross section. (BLDG PERMIT: MONITORING - Eng)

b) Building Permits for no more than 59,100 square feet of general retail (or the equivalent of 2860 net external daily trips) until the contract has been let for the construction of Lake Ida Road from Barwick Road to Congress Avenue to a 4-lane divided cross section. (BLDG PERMIT: MONITORING - Eng)

c) Building Permits for no more than 67,800 square feet of general retail (or the equivalent of 3128 net external daily trips) until the contract has been let for the construction of Hagen Ranch Road from Boynton Beach Boulevard to West Atlantic Avenue to a 5-lane cross section. (BLDG PERMIT: MONITORING - Eng)

d) Building Permits for no more than 147,000 square feet of general retail, 33,570 square foot medical office building, and a 5,000 square foot of bank (or the equivalent of 6713 net external daily trips) until the contract is let for construction of Jog Road from Lake Ida Road to West Atlantic Avenue to a 6-lane cross section. (BLDG PERMIT: MONITORING - Eng)

The mix of allowable commercial 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. (ENG)

7. LANDSCAPE WITHIN MEDIAN OF COUNTY ROADS

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

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 the first certificate of occupancy. (CO: MONITORING - Eng)

8. "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 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 Installation and Maintenance, Removal, and Indemnification Agreements. All new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Palm Beach County Standards. Alternative plant and paver block material other than those listed in the County standards may be permitted subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng)

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

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

a. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to provide landscape cutouts within the concrete median of Lake Ida Road right-of-way contiguous to the frontage if the property owner traffic separator adjacent to this site. As part of this permit process, the property owner shall enter into a Right of Way, concrete median cutout, Landscape Installation and Maintenance, Removal, and Indemnification Agreements. All new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Palm Beach County Standards. Alternative plant and paver block material other than those listed in the County standards may be permitted subject to approval by the County Engineer. (BLDG PERMIT:MONITORING - Eng.)

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

10. The construction of the projects north access road onto Jog Road shall be constructed to collector street standards a minimum of two (2) - twelve (12) foot travel lanes. (ONGOING: ENG)

F. ENVIRONMENTAL RESOURCE MANAGEMENT

1. The property owner shall notify, in their sales or rental documents, all future property owners or lessees, in the area located within the Wellfield Protection Zone #1, that they are subject to the Zone #1 standards pursuant Section 9.3 ULDC. (DRC: ERM)

G. LANDSCAPING - STANDARD

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

a. Tree height: Twelve (12) feet, unless stated herein;

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

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

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

a. Palm heights: Fourteen (14) 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 a perimeter canopy tree in that location, unless specified herein. (CO: LANDSCAPE - Zoning)

H. LANDSCAPING - INTERIOR

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

2. Landscaped divider medians shall be provided between all rows of parking indicated on the site plan shown to the BCC dated February 24, 2000. The minimum width of this median shall be ten (10) feet. One canopy tree and appropriate ground cover shall be planted for each thirty (30) linear feet of the divider median, with a maximum tree spacing of sixty (60) feet on center. (DRC: ZONING)

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

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

a. Main center (Retail 1-3) - a minimum width of ten (10) feet;

b. All freestanding buildings (Retail 3-6) - A minimum width of eight (8) feet for buildings which are two-stories or twenty-five (25) feet in height and a minimum width of five (5) feet for buildings which are one-story or less than twenty-five (25) feet in height. All heights shall be measured from finished grade to highest point;

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

d. One (1) additional palm every thirty (30) linear feet of building facade with a maximum spacing of sixty (60) feet between clusters. (DRC/CO: ZONING/LANDSCAPE)

I. LANDSCAPING ALONG RESIDENTIAL PROPERTY LINE (ADJACENT TO DELRAY VILLAS)

1. Landscaping and buffering along the north (approximately three hundred and thirty-six (336) feet) and east property lines, within the CL/5 future land use designated portion of the site, shall be upgraded to include:

a. A minimum fifty (50) foot wide landscape buffer strip with no reduction, drainage area or easement encroachment are permitted;

b. A six (6) foot high continuous berm, measured from finished grade; and,

c. A six (6) foot high opaque concrete wall setback a minimum of thirty (30) feet from the east property line and located on the plateau of the required berm. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development and the consistent with the architectural treatment of the buildings within the site. (DRC/CO: PLANNING/LANDSCAPE)

2. Landscaping and buffering along the east property line, within the CL-O/5 future land use designated portion of the site, shall be upgraded to include:

a. A minimum twenty-five (25) foot wide landscape buffer strip with no reduction, drainage area or easement encroachments are permitted;

b. A minimum two (2) foot high continuous berm, measured from finished grade; and,

c. A six (6) foot high opaque concrete wall located on the plateau of the required berm. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development and the consistent with the architectural treatment of the buildings within the site. (DRC/CO: PLANNING/ LANDSCAPE)

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

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

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

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

4. Along the interior side of the required walls, the property owner shall install the following:

a. One (1) medium canopy tree for each twenty (20) linear feet with a maximum spacing of sixty (60) feet between trees. A group of three (3) or more palm or pine trees may supersede the requirement for a canopy tree in that location. A maximum thirty (30) percent of the required canopy trees within the buffer may be replaced by the palm clusters; and,

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

J. LANDSCAPING ALONG WEST PROPERTY LINE (ACROSS FROM HUNTINGTON WALK PUD a.k.a. VILLA BORGHESE)

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

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

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

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

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

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

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

K. LANDSCAPING ALONG NORTH AND SOUTH PROPERTY LINE

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

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

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

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

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

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

L. LIGHTING

1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, the minimum necessary to satisfy the Palm Beach County Security Code, shielded on all four (4) sides and directed down and away from adjacent properties and streets. (CO/ONGOING: BLDG/CODE ENF - Zoning)

2. All outdoor light fixtures shall not exceed twenty five (25) feet in height, measured from finished grade to highest point, and shall be coordinated with the lighting fixtures attached to the building for a unified appearance. (CO: BLDG - Zoning)

3. All outdoor lighting shall be extinguished no later than 11:30 p.m., excluding the pharmacy at the southwest corner of the site. (ONGOING: CODE ENF)

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

M. MASS TRANSIT

2. Mass transit access, shelters and/or bus stops, if required, shall be constructed by the petitioner in a location and manner acceptable to the Palm Beach County School Board, Palm Tran, and County Engineer prior to the issuance of the first certificate of occupancy (CO). The petitioner shall accommodate the requirement for mass transit access, bus shelters and/or bus stops by dedicating additional right-of-way, if requested by the County Engineer. Provisions for mass transit shall include, at a minimum, a covered shelter, continuous paved pedestrian and bicycle access from the subject property or use to the shelter, appropriate lighting, waste container, and bicycle rack. Bus shelters or bus stops located on private property or in common areas shall be the maintenance responsibility of the property owner. (CO: BLDG - Eng)

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

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

N. MUPD

1. To ensure consistency with the site plan dated February 24, 2000 presented to the Board of County Commissioners, no more than ten (10) percent of the total approved square footage of each use or building indicated as being covered by structures shall be relocated to portions of the site not previously covered. (DRC: ZONING)

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

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

4. All architectural treatment, focal points, pedestrian amenities (10' minimum clear width covered walkways at the main center, loggia, fountains, trellises, etc.) and common areas, decorative pavers and/or accent landscaping shall be provided in the general areas as indicated on the site plan dated February 24, 2000. These design elements shall be constructed or installed in accordance with the Focal Point/Pedestrian Amenities Phasing Plan. Modification to these shall be permitted provided the changes are an equivalent or betterment to the project and are subject to approval by the Public Hearing Section of the Zoning Division. (DRC/CO: ZONING/BLDG - Zoning)

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

O. PARKING

1. Prior to certification of a Preliminary Development Plan (PDP) by the Development Review Committee (DRC), the PDP shall be amended to indicate the MUPD maximum parking requirements or a variance shall be obtained from the Board of Adjustment for any additional parking spaces in excess of the minimum MUPD requirements. In the event the ULDC is amended to allow excess parking above the MUPD minimum parking requirements, the petitioner shall be relieved of this requirement. (DRC: ZONING)

2. Delivery and/or loading areas for Retails #1-4 shall be designed and screened as follow:

a. All delivery and/or loading areas along the north side of Retail #4 (pharmacy) building shall be screened completely from view by an eight (8) foot high 100% opaque tiered landscaped barrier within the divider medians to the north of the loading area. A minimum of three (3) parking spaces shall be deleted from the adjacent diagonal row of parking to provide an adequate planting area for this barrier; and,

b. Delivery and/ or loading areas located at the southeast corner of Retail #1 for the main center shall be screened completely by a minimum twelve (12) foot high opaque wall or a minimum six (6) foot high opaque wall if the loading area is depressed from parking grade level. The wall shall be given an architectural treatment similar to the building. (CO: BLDG - Zoning)

3. Overnight storage or parking of delivery vehicles or trucks shall not be permitted on site, except within designated loading and delivery areas. (ONGOING: CODE ENF)

4. Prior to site plan certification by the Development Review Committee (DRC), the site plan shall be amended to include shopping cart storage and retrieval corrals in all retail parking areas. (DRC: ZONING)

5. Prior to site plan certification by the Development Review Committee (DRC) all vehicular parking aisles and/or maneuvering areas required by truck traffic on the site shall be limited to the minimum widths required by the ULDC. Excess pavement areas shall be converted to additional landscaped areas and/or foundation planters. (DRC/CO: ZONING - Landscape)

P. SIGNS

1. Prior to site plan certification by the Development Review Committee (DRC), a Master Signage Program for all point of purchase, monument, wall and directional signs shall be approved by the Zoning Division. The master signage plan shall include, at a minimum, the proposed sign type, unified colors, unified graphics, dimensions, materials and method of construction. (DRC: ZONING)

2. Freestanding signs (including entrance walls, directional, and point of purchase) for the site shall be limited as follow:

a. Maximum sign height, measured from finished grade to highest point - twelve (12) feet for median sign fronting on Jog Road, ten (10) feet for median sign fronting on Lake Ida Road, and eight (8) feet for sign at southwest corner of the site;

b. Maximum sign face area per side - 120 square feet for the median sign on Jog Road, 100 square feet each for median sign on Lake Ida and Jog Roads and 60 square feet for sign at the southwest corner of site;

c. Maximum number of signs (excluding internal directional signs) - One (1) project identification only along Lake Ida Road, one (1) project identification only at the southwest corner of the site, and one (1) project identification only along Jog Road;

d. Location - Within twenty-five feet of each entrance and clear of all safe sight corners; and,

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

3. Wall signs mounted on each building shall be limited to the west and south facades and tenant name and/or logo only. (BLDG PERMIT/CO: BLDG - Zoning)

Q. USE LIMITATION

1. Uses on the site shall be limited as follows:

a. 80,000 square feet of medical office use;

b. 138,700 square feet inclusive of general retail, professional offices, and financial offices (less than 10,000 square foot with three or less drive-thru lanes), or other uses as permitted by the ULDC with equivalent or less traffic generation as determined by the Traffic Division; and,

c. Single-tenant use shall be limited to a maximum of 50,000 square feet.

Expansion of the above uses, unless otherwise indicated, is permitted subject to Development Review Committee (DRC) approval and shall be limited to five percent 1,000 square feet for the project or 5% of the square footage for each building, whichever is less. (DRC: ZONING)

2. Hours of operation for all uses shall be limited to 6:00 a.m. - 11:00 p.m. daily, excluding the pharmacy located at the southwest corner of the site. (ONGOING: CODE ENF - Zoning)

3. Loading and dumpster service shall only be permitted from 7:00 a.m. - 7:00 p.m.. (ONGOING: CODE ENF - Zoning)

R. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Senior Planner Thuy Shutt said that at time of publication, staff had received 3 letters in support and 63 letters in opposition. Comments generally focused on noise from loading and delivery activities as well as additional traffic from commercial uses and questioned the need for additional commercial and medical uses within the residential area. Conditions should adequately address those concerns, she said.

Robert A. Bentz, agent, submitted a sheet of condition changes requested by staff or area residents with Condition Q.1.a initiated by the petitioner.

Revised Condition J:

LANDSCAPING ALONG WEST AND SOUTH PROPERTY LINE (ACROSS FROM HUNTINGTON WALK PUD a.k.a. VILLA BORGHESE, AND HUNTINGTON POINT [SIC])

Revised Condition K:

LANDSCAPING ALONG NORTH ~~AND SOUTH~~ PROPERTY LINE

Revised Condition Q.1.a:

80,000 square feet of medical and professional office use;

Revised Condition Q.3:

Loading, delivery and dumpster service shall only be permitted from 7:00 a.m. - 7:00 p.m., and be restricted to the Jog Rd. access only. (ONGOING: CODE ENF - Zoning)

Complying with staff's request, Mr. Bentz read the following typographical correction:

Revised first full paragraph, Condition Q.1.c:

Expansion of the above uses, unless otherwise indicated, is permitted subject to Development Review Committee (DRC) approval and shall be limited to ~~five percent~~ 1,000 square feet for the project or 5% of the square footage for each building, whichever is less. (DRC: ZONING)

Referencing a memorandum from neighborhood residents, Commissioner Aaronson initiated a discussion on uses that would not be allowed in the shopping center, including automotive uses (such as gasoline, service, and repair), bar (if not part of a restaurant), and fast food restaurant. He asked that the conditions include a two-story professional building, such as a bank.

The Board made their disclosures at this time.

Commissioner Masilotti asked for a condition listing prohibited uses, including gasoline stations and bars. Ms. Shutt responded that staff was in possession of a long list of uses that would not be permitted, each of which would have to go before the Board as a requested use request. She said she would read modifications to the conditions after the public had been heard from.

PUBLIC COMMENT:

Murray Kalish supported the petition and made the following requests concerning a supermarket: (1) to restrict its size to 50,000 square feet, and to never allow the addition of a building or store; and (2) to restrict its hours of operation to no later than 9:00 p.m. A medical office, drugstore, or restaurant did not need time limitations, he said.

Cynthia Davis, Theodore Davis, Sam Gower, Marilyn Liebman, and Stephen Posner raised the following objections to the petition:

Adverse visual impact.

Adverse traffic impact.

Loss of privacy. Building height allows oversight into neighboring homes.

Air pollution caused by carbon monoxide emissions from an additional 7,000 to 8,000 vehicles per day and generated from Dumpsters.

Noise pollution.

Effect of pollution on residents' health.

Lack of need for bank. Eleven banks exist within a mile and a half of the petition site.

Lack of notification to Villa Borghese of land use change. Residents would have complained earlier; newcomers would not have moved in.

Twenty-four-hour operation of pharmacy.

Twenty-six-acre project too large for and incompatible with residential area and nearby wetlands.

Lack of need for project. There were several vacant or unfinished buildings in the area.

The Board responded to the speakers' concerns.

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

MOTION to receive and file the petition signed by 89 Delray Villas residents, which was submitted by Ms. Liebman. Motion by Commissioner Aaronson, seconded by Commissioner Roberts, and carried 5-0. Commissioners McCarty and Newell absent.

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

MOTION to receive and file the petition signed by over 200 Villa Borghese residents, which was submitted by Ms. Davis. Motion by Commissioner Masilotti, seconded by Commissioner Roberts, and carried 6-0. Commissioner Newell absent.

(CLERK'S NOTE: At this time, a letter and attached petition were delivered to the Clerk by Planning, Zoning and Building Executive Director Dominic Sims. The letter, dated April 25, 2000, and signed by the president of Newport Cove Board of Directors, requested a 60-day postponement for the completion of certain studies and concerns. The 16-signature petition sought limitation of usage and scope of the proposed retail shopping center.)

RECESS

At 10:48 a.m., the Chair declared a recess.

RECONVENE

At 10:59 a.m., the Board reconvened with Commissioners Aaronson, Lee, McCarty, Marcus, Masilotti, and Roberts present.

Judith Steinman echoed the objections of preceding speakers and proposed a 60- to 90-day postponement in order to consider residents' concerns.

Robert Suchoff, board secretary for Huntington Pointe, relayed his community's support for the petition. In response to certain concerns of the residents, the petitioner had committed in writing to 33 uses that would not be permitted in the development. Mr. Suchoff assured the speakers from Villa Borghese that efforts had been made to contact residents of that community as early as a year previously. He added that the area had need of the services the development would provide.

Murray Flax, vice-president of the United South County Democratic Club, supported the petition, maintaining it answered resident seniors' need for local stores in which to shop. Local shopping would limit traffic, he said.

The following persons indicated their opposition on the comment cards but declined to speak: Mindy Boykin, Sanford Fischer, Robert Goldfarb, Mike Goldworth, Wayne Lotoza, Ernest Salzstein, and Harry Steinman.

Additional speakers opposed to the petition included:

Francis Fischer informed the Board that Via Palermo floods during a hurricane, leaving residents unable to enter or exit. She expressed concern about the negative impact on drainage that would be occasioned by the proposed development during such an event.

Jerry Schwartz said that he had requested more street lights for Lake Ida Road, which he described as a very dark street. With approval of the development, he observed, more vehicles would be using that dark thoroughfare. He said he had been told by Florida Power & Light Company that more lights could not be installed because there were no transformers in the area. Mr. Schwartz asked if the developer would agree to install more lights.

Commissioner Aaronson pointed out that the speaker had approached his office with the issue and that a meeting was planned with appropriate persons to deal with the problem.

The Board and staff responded to the concerns of the other speakers.

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

Commissioner Aaronson noted that:

Conditions should include: supermarket hours of operation ending at 9:00 p.m.; limitation of supermarket to 50,000 square feet with no add-ons; and prohibition of the 33 uses mentioned earlier.

He reiterated that he would attempt to persuade the developer to install street lights.

Studies and counts should be done during the season to determine if a traffic light was warranted.

Agent Bentz agreed to a single-tenant use not exceeding 50,000 square feet and asked that the main store be allowed to cease operating at 10:00 p.m., instead of 9:00 p.m. Commissioner Aaronson considered that 10:00 p.m. was a good compromise since a quality store would not agree to a 9:00 p.m. closing. Commissioner Marcus suggested that the condition indicate a preferred closing of 9:00 p.m., but no later than 10:00 p.m., which would give direction that earlier is better.

Senior Planner Shutt read the following modified conditions:

Revised Condition Q.1.a:

80,000 square feet of medical and professional office use;

Revised Condition Q.1.b:

138,700 square feet inclusive of general retail limited to one story only...

Revised Condition Q.1.c:

Single-tenant use shall be limited to a maximum gross square footage of 50,000 square feet. No further expansion may be permitted.

Revised Condition Q.2:

Hours of operation for all uses shall be limited to 6:00 a.m.-11:00 p.m. daily, excluding the pharmacy located at the southwest corner of the site. This may be permitted 24 hours; and excluding the grocery store which would be limited to preferably 9:00 p.m. but no later than 10:00 p.m. (ONGOING: CODE ENF-Zoning)

New Condition Q.4:

In addition to the limitations condition Q.1 above, the use listed in the May 26, 1999, letter to Mr. Mel Garrett, which is Exhibit D, shall be prohibited from this site.

Agent Bentz agreed to the conditions.

MOTION to approve Petition PDD99-92, subject to the conditions as read into the record. Motion by Commissioner Marcus and seconded by Commissioner Aaronson.

Ms. Shutt read a further condition into the record:

Revised Condition Q.3:

Loading, delivery and dumpster service shall ~~only~~ be permitted from 7:00 a.m.-7:00 p.m. and be restricted to the Jog Road access only. (ONGOING: CODE ENF-Zoning)

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

Commissioner Masilotti asked Mr. Bentz if his client would support a request for a 30-day postponement to meet with residents. Mr. Bentz replied that he had been working with residents on the matter for 18 months, including--contrary to what had been stated--residents of Villa Borghese. He said he thought the issues had been resolved and was not sure what else a postponement could accomplish.

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

Commissioner Marcus clarified that the motion included adoption of the resolution. Commissioner Aaronson agreed.

4.C.38. RESOLUTION R-2000-0592

RESOLUTION FOR PETITION W/CB81-95(B) (FOREST HILL CENTER) OF ATLANTIC COAST TOWER, BY MICHAEL HOUSTON, AGENT, FOR A WAIVER FROM SEPARATION FROM RESIDENTIAL STRUCTURE FOR 0.06 ACRE OF THE 19.53-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOREST HILL BOULEVARD AND CONGRESS AVENUE. (AMENDS R-81-1202, R-81-1203, AND R-97-150) (P.O.P. 652912) ADOPTED WITH CONDITIONS AS AMENDED 4-27-2000

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

NOTE: There is no C or D, E is always Engineering and Compliance is always last.

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R-81-1202 (Petition 81-95), R-81-1203 (Petition 81-95) and R-97-150 (81-95(A),shall remain in full force and effect. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated February 24, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. TOWER

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

2. Prior to site plan certification by the DRC, the petitioner shall comply with the shared use provisions of the ULDC, Section 6.4.D.22.k. (shared use), as may be amended. Additional square footage on the site of the tower approval, to accommodate additional unmanned users only, may be permitted administratively subject to approval by the DRC. (DRC: ZONING)

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

4. Temporary diesel powered generators shall only be permitted on site in the event of natural disaster and shall be removed once power and operations are restored to the tower. (ONGOING: FIRE/ERM/HEALTH)

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

6. No microwave dishes shall be permitted on the tower except in the event of natural disaster. In the event of natural disaster, microwave dishes may be temporarily installed on the tower until such time as land lines are restored. (ONGOING: BLDG PERMIT/ZONING)

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

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

8. The communication tower shall be limited to a monopole structure, a maximum of 115 feet high, measured from finished grade to highest point. The tower may reach a maximum of 149 feet in height subject to approval of the propagation study for additional collocaters. Only one tower shall be permitted on the subject property. (DRC: ZONING - Bldg)

9. The required tower landscaping shall be installed on site or a landscape betterment plan utilizing the equivalent required landscaping shall be provided for the commercial center adjacent to Forest Hill Boulevard and Congress Avenue. (DRC: ZONING/LANDSCAPE)

E. ENGINEERING

No Engineering Conditions for the Tower see Petition 81-95 (A) for conditions addressing the existing MUPD.

F. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

Planner Carrie Rechenmacher made the following comments:

The request was a waiver for a 149-foot-high monopole commercial communication tower for separation from residential structures.

The Unified Land Development Code requires a tower separation from residential structures of 600 percent of the tower height, which, in this case, translates to 894 feet. The waiver request is for 18 residential structures.

The petitioner's propagation study was reviewed by Professional Communications Consultants Inc. (PCCI), the telecommunications consultant retained by the Zoning Division. PCCI's review determined the petitioner had demonstrated a need for a tower at least 115 feet in height.

Accordingly, staff stipulated a maximum height of 115 feet pending future colocators and the petitioner's demonstration of need for additional height required by such colocators. With colocators, the petitioner would be permitted up to 149 feet subject to Development Review Committee review.

The conditional use for the tower will be approved by the Zoning Commission subject to the waiver approval by the Board of County Commissioners.

Don Quazzo, agent, agreed to the conditions.

PUBLIC COMMENT:

David Myers objected to the waiver:

There are good reasons for the separation between a communication tower and residence, including protection of safety and health.

Some studies indicate that 600 percent of tower height is not nearly enough of a separation.

Towers depress property values.

Towers are ugly and belong only in commercial areas.

The "cancer fear issue" attendant on towers is a factor in property value depreciation.

In this instance, the tower would be the tallest structure in the area apart from power line poles.

The view from the speaker's front door was trees, landscape, and skyline. Installation of the tower would dominate that view.

Communication towers radiate ultrahigh radio and microwave frequencies that are maximally absorbed by human tissue causing detrimental health effects. The full extent of detriment is still being studied.

The Telecommunications Act of 1996 led communities to automatically grant tower approvals and waivers. Late last year, however, a couple of appeals court decisions stated that communities did not have to do this. There are many reasons for denying towers in residential areas.

Commissioner Aaronson remarked that:

According to federal statute, health considerations could not factor into Board decisions on communication towers.

His opposition to towers was consistent. He did not want Palm Beach County looking like the Tulsa oilfields.

Could granting a waiver in the present instance create a precedent whereby future waivers would have to be granted to anyone who asked, whether it was for 18 homes or 800 homes.

Setting such a precedent would intrude on homes.

He has consistently maintained that separation should be six times the height of the tower.

Assistant County Attorney Alterman advised that the Board had the absolute authority to review each waiver request on its own merits.

Planner Rechenmacher said she had neglected to point out that at time of publication, staff had received four letters in opposition to the request--one from the Village of Palm Springs and one from the Town of Lake Clarke Shores. [Clerk's note: See Exhibits H and I, respectively.] She said that Palm Springs had a monopole tower approximately 0.75 mile southwest of the site under discussion. In response to staff request, the petitioner had addressed that monopole in their propagation study. Consultant review of the study and additional information determined there was still a need for the petitioner's tower.

Speaking to Commissioner Aaronson's concerns, Ms. Rechenmacher said that the general character of the area was "very highly commercialized." The shopping center's rear property, in the northwest corner of which the tower would be located, had a existing six-foot-high wall and a number of trees. The closest residences are directly to the west. The petitioner had demonstrated a need for the tower. Driving through the Forest Hill Boulevard-Congress Avenue intersection, one could not easily see the tower because of the high commercialization.

Commissioner Marcus remarked that Consultant David E. Dickmann's comments in the backup (Exhibit F) did not seem to be consistent with Ms. Rechenmacher's comments.

It appeared that the consultant was saying that even though the tower would have three carriers (AT&T, Nextel, and Sprint), only Sprint needed it.

The consultant had written, "Is there an existing tower within one mile that could provide the required coverage and level of service? No information from the tower proponent indicating the absence of any other useable structures...."

The consultant had written, "As to location, the site 0.2 mile northeast of the proposed site would provide similar coverage...."

Ms. Rechenmacher confirmed Commissioner Marcus's assumption that a tower had been approved but not built. Ms. Marcus said that that needed to be a factor in the Board's decision.

Ms. Marcus expressed doubt that all questions had been answered. Further, she said she had the feeling that it was thought that because the area was highly commercial, one more unattractive thing would not be noticed. The tower would be seen, she said. No six-foot-high wall or tall trees would hide it. Not only should neighborhoods be beautified, she continued, but commercial pieces as well.

Ms. Rechenmacher said that in the consultant's second response (Exhibit G), he verified it would be highly unlikely to be unable to go in the Village of Palm Springs. The height for the Sprint tower governed the maximum height for which staff was recommending approval of 115 feet. As for who needed the tower, she said, the propagation study dealt with the three carriers.

Commissioner Roberts explained why this particular monopole tower could not be stealthed.

Zoning Director Whiteford pointed out that the three carriers--Nextel, AT&T, and Sprint--could be accommodated on a tower height of 115 feet. Staff had recommended an increase up to 149 feet in order to accommodate more users and prevent the proliferation of towers in the area. Mr. Whiteford told Commissioner Marcus that he did not know the specifics of the tower that had been approved but not built but that he did not think that too much dependency was placed on it.

Agent Quazzo said he believed the other tower was not approved. When one is looking for a tower site, particularly within the vicinity of an airport, one files a request with the Federal Aviation Administration (FAA) to find out whether FAA is going to approve a site. He said he believed the consultant had picked up the FAA filing.

Commissioner Roberts asked if the Board would be more comfortable approving the request for a tower height of 115 feet.

Commissioner Masilotti said that neither now nor in the future would he support any tower over 115 feet in height.

Principal Planner David Flinchum informed Commissioner Aaronson that approximately half of the residences affected by the 149-foot-high tower would not be affected by a 115-foot-high tower.

Commissioner Masilotti proposed that staff flag the file for future tower requests within 1.5-2.0 miles of the site under discussion and remind the Board they were not approving any more requests in this area.

MOTION to approve the waivers required for any 115-foot-high commercial communication tower. Motion by Commissioner Roberts and seconded by Commissioner Masilotti.

Planner Rechenmacher read the following condition modification:

Revised Condition B.8:

The communication tower shall be limited to a monopole structure, a maximum of 115 feet ~~high~~ in height, measured from finished grade to highest point. ~~The tower may reach a maximum of 149 feet in height subject to approval of the propagation study for additional collocaters.~~ Only one tower shall be permitted on the subject property. (DRC: ZONING - Bldg)

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

Zoning Director Whiteford said that, having received approval for the waiver request, the petition would go before the Zoning Commission on May 4, 2000, for approval of a Class B Conditional Use for a tower.

5. DIRECTOR COMMENTS

5.A. ZONING DIRECTOR

5.A.39. ADMINISTRATIVE INQUIRY AI-2000-03

ADMINISTRATIVE INQUIRY CONCERNING THE EXTENDED FILM PERMIT APPLIED FOR BY BLUE SKIES UNLIMITED, A SKYDIVE OPERATION. THE PERMIT WILL ALLOW THE TEMPORARY USE OF LAND LOCATED IN THE UNINCORPORATED AREAS FOR COMMERCIAL FILM, TELEVISION, AND MOTION PICTURE PRODUCTION. APPROVED WITH CONDITIONS 4-27-2000

Staff Recommendation: Approval of the extended film permit, subject to the following conditions:

1. The duration of the Permit, with extensions, shall not exceed eighteen (18) months from the date of issuance.

2. The property owner shall apply for a Comprehensive Plan Amendment and/or zoning approval to allow film making as a permanent use on the subject property prior to the expiration of the Extended Film Permit.

3. The property owner shall take appropriate measures to ensure that all activity on site related to film production does not adversely effect [sic] adjacent property owners.

MOTION to approve the extended film permit for another 18 months. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 5-0. Commissioners McCarty and Newell absent.

5.A.40. ADMINISTRATIVE INQUIRY AI-2000-04

ADMINISTRATIVE INQUIRY CONCERNING AMENDMENTS TO THE UNIFIED LAND DEVELOPMENT CODE (ULDC) AFFECTING THE NURSERY INDUSTRY. APPROVED SUSPENDING CERTAIN CODE ENFORCEMENT AND PLANNING, ZONING AND BUILDING ACTIVITIES UNTIL AFTER THE FLORIDA RIGHT TO FARM BILLS HAVE BEEN ACTED ON 4-27-2000

Staff Recommendation: Direction to pursue amendments to the ULDC that reduce the impact associated with the nursery requirements under County jurisdiction.

Planning, Zoning and Building Executive Director Sims remarked that the Board had directed staff to bring back a brief analysis of rules and regulations that could be effective in reducing the burden on the nursery industry. Staff had met with the nursery industry on a preliminary basis and was looking for additional direction from the Board.

Zoning Director Whiteford made the following comments:

In 1992, the Comprehensive Plan was amended to allow agricultural uses in the Urban Service Area (USA). Shortly thereafter, amendments were made to the Unified Land Development Code to create new standards for those uses, addressing such matters as noise, odors, and spraying. Existing standards in the USA typically applied to all land development (such as drainage, paving, and sanitary facilities) were not modified, however. It is these latter requirements that could possibly be having an adverse impact on the nursery industry.

Since 1992, the nursery industry has gained some experience working with these regulations and has had the opportunity to provide feedback to the County.

The regulations have been divided into two categories: those that are within the control of the Board of County Commissioners and those that are regulated by other agencies.

The first item on the backup chart is indicated as exempt; a wholesale or retail nursery that is a bona-fide agricultural operation is exempt by Florida Statute from the local building code. This causes much confusion because people think that since they are exempt from the building code they are exempt from all other land development and property development regulations. In fact, they are not. The chart contains an extensive list of regulations from which they are not exempt. Some of these regulations may need to be readdressed with the Board of County Commissioners.

Possibilities for review include the bulleted material in the backup and types of projects requiring approval from the Development Review Committee, Zoning Commission, or Board of County Commissioners. For instance, perhaps paving requirements could be reduced and onsite drainage requirements and sanitary facilities provisions revisited.

Staff has been meeting and will continue meeting with the nursery industry representatives to involve them in this process. Staff would like to bring back any modifications to the Board at the earliest opportunity after they have had a chance to work also with the Citizens Task Force.

Commissioner Marcus said she had no problem giving direction today based on staff's recommendations but that that direction would mean nothing if the House and Senate bills amending the Florida Right to Farm Act, which are currently going through the legislative process, are passed and not vetoed. She said that the County was trying to have some changes made in what she characterized as a "very bad bill."

Commissioner Masilotti proposed that true nurseries that are caught in the process be allowed to go forward by suspending the parking lot requirement until the nursery regulations can be revisited.

Commissioner Marcus proposed suspending code enforcement.

MOTION to suspend code enforcement activities and planning and zoning activities until both the Florida Legislature and Governor Jeb Bush have acted on the Florida Right to Farm Act amendments. Motion by Commissioner Masilotti and seconded by Commissioner Roberts.

Mr. Masilotti recommended giving staff direction to bring back the nursery regulations issue following the legislative session.

PUBLIC COMMENT:

Kieran J. Kilday, agent for the Palm Beach Growers Association, spoke of the relief needed by local nurseries. He expressed appreciation for the Board's action on the matter.

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

5.B. PLANNING DIRECTOR - None

5.C. COUNTY ENGINEER - None

6. COMMISSION COMMENTS

6.A. COMMISSIONER TONY MASILOTTI

6.A.41.

PROPOSAL FOR WETLANDS PRESERVATION. DISCUSSED WITH DIRECTION 4-27-2000

Commissioner Masilotti shared a proposal put forward to him by a constituent that the latter be given a density bonus on his property in order to preserve the wetlands there. If he had 20 acres of wetlands and he was zoned for 2 units an acre, the County would give him 3 units an acre and he would give the wetlands to the County but maintain them in perpetuity. He would build houses elsewhere on his property.

Mr. Masilotti proposed that staff explore the possibility of giving such an incentive to private property owners. It would benefit the property owner, he said, and save taxpayer money.

Commissioner Masilotti asked that staff report back in writing at the next meeting of the Board. Environmental Analyst Robert Kraus agreed.

7. ADJOURNMENT

The Chair declared the meeting adjourned at 12:33 p.m.

ATTESTED: APPROVED:

Clerk Chair

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