Zoning Minutes

MEETING: BOARD OF COUNTY COMMISSIONERS, ZONING MATTERS

CALL TO ORDER: Board of County Commissioners sitting for the purpose of exercising zoning powers, Zoning Meeting of May 25, 2000, at 9:51 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 - Absent
Vice-Chair Warren H. Newell
Commissioner Burt Aaronson
Commissioner Mary McCarty - Absent
Commissioner Karen T. Marcus
Commissioner Tony Masilotti
Commissioner Carol A. Roberts - Absent
Assistant County Attorney Barbara Alterman
Deputy Clerk Joan Haverly

1.B.1. PRAYER - Commissioner Masilotti

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 May 25, 2000, at 9:30 a.m., in the County Commission Chambers, 6th Floor, 301 North Olive Avenue, West Palm Beach, Florida.

1.D. PROOF OF PUBLICATION APPROVED 5-25-2000

MOTION to receive and file Proofs of Publication 652995, 652996, and 653170. Motion by Commissioner Masilotti, seconded by Commissioner Aaronson, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 595137 (10-28-99), 693538 (3-23-2000), 693574 (3-23-2000), 695529 (3-23-2000), and 700422 and 700423 (4-27-2000). These public hearings were continued to today's meeting.)

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

1.F. ADOPTION OF AGENDA

MOTION to adopt the Agenda. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

1.F.1. AMENDMENTS TO AGENDA

Page Item Petition/Change

5 3.C.9. Petition Z/CA2000-005 (Congress Business Park): Delete Condition G.3.

6 3.E.15. Petition 94-80 (Royal Palm Presbyterian Church): Property owner request to postpone until June 29, 2000.

7 3.E.20. Petition 96-119 (Rest & Recovery Center): Staff recommendation to postpone until July 27, 2000.

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

1.H. UNSCHEDULED ITEMS - None

POSTPONEMENTS AND WITHDRAWALS - See Pages 2-5.
CONSENT AGENDA - See Pages 5-47.

4. REGULAR AGENDA - See Pages 47-68.

5. DIRECTOR COMMENTS

ZONING DIRECTOR COMMENTS - See Page 69.

PLANNING DIRECTOR COMMENTS - None

COUNTY ENGINEER COMMENTS - None

6. COMMISSION COMMENTS - None

7 ADJOURNMENT - See Page 69.

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2. POSTPONEMENTS AND WITHDRAWALS

2.A. POSTPONEMENTS

2.A.1. 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 AND 700423 [4-27-2000]) POSTPONED TO JUNE 29, 2000 -- 5-25-2000

Staff Recommendation: Postponement until June 29, 2000. (Postponed by Zoning Commission.)

No backup provided.

2.A.2. 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 [4-27-2000]) POSTPONED TO JUNE 29, 2000 -- 5-25-2000

Staff Recommendation: Postponement until June 29, 2000. (Postponed by Zoning Commission.)

No backup provided.

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 JUNE 29, 2000 -- 5-25-2000

Staff Recommendation: Postponement until June 29, 2000. (Postponed by Zoning Commission.)

No backup provided.

2.A.4. PETITION 97-12

PETITION DOA97-12(B) (PALM BEACH INTERNATIONAL AIRPORT GOLF COURSE-APPEAL) OF THE BOARD OF COUNTY COMMISSIONERS FOR THE DEPARTMENT OF AIRPORTS, BY ROBERT A. BENTZ, AGENT, FOR AN APPEAL OF CONDITION E.6 (TRAFFIC SEPARATOR BEAUTIFICATION) OF ZONING COMMISSION RESOLUTION ZR-99-11 FOR 4.12 ACRES OF THE 218.52-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF SUMMIT BOULEVARD, BOUNDED ON THE EAST BY CONGRESS AVENUE AND ON THE WEST BY KIRK ROAD. (P.O.P. 595137 [10-28-99]) POSTPONED TO JUNE 29, 2000 -- 5-25-2000

Staff Recommendation: Postponement until June 29, 2000. (Requested by petitioner. Staff has no objection.)

2.A.5. PETITION 96-105

PETITION DOA96-105(A) (ATLANTIC CENTER MULTIPLE USE PLANNED DEVELOPMENT) OF DELRAY LAND COMPANY OF IOWA INC. AND PORTALEGRE, BY LAND DESIGN SOUTH, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS IN RESOLUTION R-97-1097, ADD BUILDING SQUARE FOOTAGE, RECONFIGURE THE MASTER PLAN, AND ADD A SECOND SELF-STORAGE FACILITY AND VEHICLE RENTAL AS REQUESTED USES ON THE 9.16-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE EAST OF JOG ROAD ON THE SOUTH SIDE OF WEST ATLANTIC BOULEVARD. (P.O.P. 693538 AND 693539 [3-23-2000]) POSTPONED TO JULY 27, 2000 -- 5-25-2000

Staff Recommendation: Postponement until July 27, 2000. (Requested by petitioner. Staff has no objection.)

3.E.15. PETITION 94-80

STATUS REPORT SR94-80 FOR RESOLUTIONS R-95-273 AND R-95-274 OF PETITION 94-80 OF ROYAL PALM PRESBYTERIAN CHURCH, PROPERTY OWNER, TO APPROVE A TIME EXTENSION UNTIL MARCH 23, 2002, FOR THE 4.65-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF HYPOLUXO ROAD EAST OF JOG ROAD. THE PROPERTY IS ZONED RTU-RESIDENTIAL TRANSITIONAL URBAN WITH A CLASS A CONDITIONAL USE ALLOWING A CHURCH OR PLACE OF WORSHIP. POSTPONED TO JUNE 29, 2000 -- 5-25-2000

Revised Staff Recommendation: Postponement until June 29, 2000.

Zoning Director William C. Whiteford informed the Board of the property owner's postponement request on the Amendments to the Agenda list.

3.E.20. PETITION 96-119

STATUS REPORT SR96-119 FOR RESOLUTION R-97-371 OF PETITION 96-119 (REST & RECOVERY CENTER) OF WILLIAM SCHEURICH, ANNA R. CURRENT, TRUSTEE, AND MARY OAK VESTREM (PROPERTY OWNERS: WILLIAM V. SCHEURICH, ANNA R. CURRENT, TRUSTEE, AND KEITH D. KNESPLER) FOR A TIME EXTENSION UNTIL MARCH 27, 2002, FOR THE 1.6-ACRE PROPERTY LOCATED ON THE WEST SIDE OF AIA APPROXIMATELY 0.25 MILE SOUTH OF U.S. 1. THE PROPERTY IS ZONED CN-NEIGHBORHOOD COMMERCIAL WITH A CLASS A CONDITIONAL USE FOR A NURSING/CONVALESCENT FACILITY (22 BEDS). POSTPONED TO JULY 27, 2000 -- 5-25-2000

Revised Staff Recommendation: Postponement until July 27, 2000.

Zoning Director Whiteford pointed out staff's revised recommendation for postponement on the Amendments to the Agenda list.

MOTION to POSTPONE Items 2.A.1., 2.A.2., 2.A.3., 2.A.4., 2.A.5., 3.E.15., and 3.E.20. to the dates indicated. Motion by Commissioner Masilotti and seconded by Commissioner Marcus.

3.B.6. 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 [4-27-2000]) POSTPONED TO JUNE 29, 2000 -- 5-25-2000

Staff Recommendation: Approval of the Development Order Amendment and adoption of a resolution affirming that action, subject to conditions.

Joe Lelonek, agent, requested a 30-day postponement in order to resolve conditions with the Water Utility Department.

AMENDED MOTION to also POSTPONE Item 3.B.6. to June 29, 2000. The maker and seconder agreed.

PUBLIC COMMENT: None

UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

2.B. WITHDRAWALS - None

3. CONSENT AGENDA

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

3.B. PREVIOUSLY POSTPONED ZONING PETITION

3.B.6. See Page 4.

3.C. ZONING PETITIONS

3.C.7. RESOLUTION R-2000-0718

RESOLUTION FOR PETITION EAC97-27(B) (ECKERD DRUGS) OF CONCORDE INVESTMENTS, INC., BY ROBERT E. BASEHART, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT/EXPEDITED APPLICATION CONSIDERATION (EAC) TO MODIFY/DELETE CONDITIONS FOR THE 2.06- ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF HYPOLUXO ROAD AND CONGRESS AVENUE. (AMENDS R-99-107 AND R-99-521) (P.O.P. 653170) ADOPTED WITH CONDITIONS 5-25-2000

Staff Recommendation: Approval of the Development Order Amendment/Expedited Application Consideration and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Condition A.1 of Resolution R-99-0107, Petition DOA97-027(A) which currently states:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-97-973 (Petition 97-027) 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 Resolutions R-99-0107 and R-99-521 (Petition 97-027(A)), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Condition A.2 of Resolution R-99-0107, Petition 97-027(A) 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 November 6, 1998 and the architectural elevations (drawing dated September 22, 1998 and received by the Zoning Division dated October 13, 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 site plan is dated April 20, 2000 and the architectural elevations as shown in Building Permit #B99025207. 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. Prior to DRC site plan application, the petitioner shall revise the site plan to relocate the wall ten (10) foot south of the north property line pursuant to Section 7.3.F.1.b of the ULDC. (DRC: ZONING) (Previous Condition A.3 of Resolution R-99-0521, Petition DOA97-027(A))

4. Prior to DRC site plan application, the petitioner shall revise the site plan to reflect the relocation of the dumpster. (DRC: ZONING) (Previous Condition A.4 of Resolution R-99-0521, Petition DOA97-027(A)).

B. BUILDING AND SITE DESIGN

1. Similar architectural character and treatment shall be provided on all sides of the building including roof treatment. (BLDG PERMIT: BLDG - Zoning) (Previous Condition B.1 of Resolution 99-0107, Petition DOA97-027(A)).

2. Total gross floor area shall be limited to a maximum of 12,200 square feet with the following breakdown:

a. 11,200 square feet of retail use (ground level); and

b. 1,000 square feet of storage/office use (mezzanine). (DRC: ZONING) (Previously Condition B.2 of Resolution R-99-0107, Petition 97-027(A))

3. The maximum height of the building shall be one story and not exceed thirty-five (35) feet measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning) (Previously Condition B.3 of Resolution R-99-0521, Petition DOA97-027(A))

4. All air conditioning and mechanical equipment shall be roof mounted and screened from view on all sides in a manner consistent with the color, character and architectural style of the principle structure.(BLDG PERMIT: BLDG - Zoning) (Previous Condition B.4 of Resolution R-99-0107, Petition 97-027(A)).

5. Similar architectural character and treatment of the Ekerds store located at the northeast corner of Lucerne Avenue and Dixie Highway shall be provided on all sides of this building including roof treatment. (BLDG PERMIT: BLDG - Zoning) (Previously Condition B.5 of Resolution R-99-0521, Petition DOA97-027(A))

C. DUMPSTER

1. Condition C.1 of Resolution R-99-0107, Petition 97-027(A) which currently states:

Is hereby amended to read:

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 twenty five (25) feet of the residential property line and shall be confined to the area designated on the site plan and 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. (. (DRC / ONGOING: ZONING / CODE ENF)

D. HEALTH

1. Application and engineering plans to construct a lift station and force main extension must be submitted to the Palm Beach County Health Department prior to final site plan review. (DRC: HEALTH) (Previously Condition D.2 of Resolution R-99-0107, Petition DOA97-027(A))

E. ENGINEERING

1. Prior to January 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:

a) Congress Avenue, 64 feet from centerline and

b) Hypoluxo Road, an additional 12 feet of right-of-way:

This additional right of way shall be 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) (Previously Condition E.1 of Resolution R-99-0107, Petition 97-027(A))

2. Prior to the issuance of a building the property owner shall convey a roadway construction easement along the projects entire frontage of Hypoluxo Road and Congress Avenue to Palm Beach County. Construction within this easement shall conform to Palm Beach County Standards (BLDG PERMIT: MONITORING-Eng) (Previous Condition E.2 of Resolution 99-0107, Petition 97-027(A)).

3. The Developer shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING - Eng.) (Previous Condition E.3 of Resolution 99-0107, Petition 97-027(A)).

4. The Developer shall abandon the existing utility easement on the subject site prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING - Eng.) (Previous Condition E.4 of Resolution 99-0107, Petition 97-027(A)).

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

a) No Building Permits for the site shall be issued until construction has begun for the widening of Congress Avenue as a 6 lane facility from Miner Road to Hypoluxo Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng) (Previously Condition E.5.a of Resolution R-99-0107, Petition 97-027(A))

b) No Building Permits for the site shall be issued until the construction has begun for a right turn lane south approach on Lawrence Road at Hypoluxo Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng) (Previously Condition E.5.b of Resolution R-99-0107, Petition 97-027(A))

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 Hypoluxo Road right-of-way and shall comply with all permit requirements, including but not limited to indemnifying Palm Beach County. When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the 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.) (Previously Condition E.6.a of Resolution R-99-0107, Petition 97-027(A))

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) (Previously Condition E.6.b of Resolution R-99-0107, Petition 97-027(A))

C. Declaration of Covenants and Restriction Documents shall be established or amended as required evidencing this obligation, prior to issuance of a building permit to reflect this obligation. (BLDG.PERMIT: MONITORING - Eng.) (Previously Condition E.6.c of Resolution R-99-0107, Petition 97-027(A))

F. LANDSCAPING - STANDARD

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

a. Tree height: fourteen (14) feet.

b. Trunk diameter: 3.5 inches measured 4.5 feet above grade.

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

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

(Previous Condition F.1 of Resolution R-99-0107, Petition 97-027(A)).

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

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

b. Clustering: 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) (Previous Condition F.2 of Resolution R-99-0107, Petition 97-027(A)).

3. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location. (CO: LANDSCAPE - Zoning) (Previously Condition F.3 of Resolution R-99-0107, Petition 97-027(A)

G. LANDSCAPING ALONG THE WEST 115 FEET OF NORTH PROPERTY LINE (ABUTTING FLORAL ROAD)

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

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

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; and

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. (DRC / CO: ZONING / LANDSCAPE) (Previously Condition G.1 of Resolution R-99-0107, Petition 97-027(A))

H. LANDSCAPING ALONG THE EAST 225 FEET OF NORTH PROPERTY LINE (ABUTTING FLORAL ROAD)

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

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

b. A six (6) foot high opaque concrete wall shall be installed along the above property line. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. (CO: LANDSCAPE) (Previously Condition H.1 of Resolution R-99-0107, Petition 97-027(A))

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;

b. 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 supersede the requirement for a canopy tree in that location; 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) (Previously Condition H.2 of Resolution R-99-0107, Petition 97-027(A))

3. Along the interior side of the required wall, the property owner shall install the following:

a. 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) (Previously Condition H.3 of Resolution R-99-0107, Petition 97-027(A))

4. The above planting may be exempted in the portion where the lift station is located. (CO: LANDSCAPE) (Previously Condition H.4 of Resolution R-99-0107, Petition 97-027(A))

I. LANDSCAPING ALONG THE DETENTION AREA

Condition I.2 of Resolution R-99-0521, Petition DOA97-027(A) which currently states:

1. Landscaping and buffering along the western limit of the detention area shall include:

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

b. A six (6) foot high opaque concrete wall. This wall shall connect the wall as described in Condition H.1, this wall shall measure no less than 130 feet in length and as per site plan dated November 6, 1998. The exterior side of the wall shall be given a finished architectural treatment which is compatible and harmonious with abutting development. ( LANDSCAPE- Zoning) (Previously Condition I.1 of Resolution R-99-0107, Petition 97-027(A))

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

a. One (1) canopy tree planted every twenty (20) 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. The entire hedge shall measure no less than 190 feet in length and as per site plan dated November 6, 1998. (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. This hedge shall measure the same length of the required wall. (CO: LANDSCAPE) (Previously Condition I.3 of Resolution R-99-0107, Petition 97-027(A))

Is hereby amended to read:

Landscaping and buffering along the western limit of the detention area shall include:

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

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

c. one (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center; 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 high. (CO: LANDSCAPE)

J. LANDSCAPING ALONG THE SOUTH AND THE WEST PROPERTY LINES (HYPOLUXO ROAD AND CONGRESS AVENUE FRONTAGES)

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

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

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

c. One (1) canopy tree for each thirty (30) linear feet of frontage with a maximum spacing of twenty-five (25) feet on center;

d. One (1) palm for each twenty (20) linear feet of property line with a maximum spacing of sixty (60) feet on center between clusters. A group of three (3) palms shall not be substituted for a perimeter canopy tree; 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) (Previously Condition J.1 of Resolution R-99-0107, Petition 97-027(A))

LANDSCAPING ALONG THE EAST PROPERTY LINE (ABUTTING RESIDENTIAL)

1. Condition K.1 of Resolution R-99-0107, Petition 97-027(A) which currently states:

Landscaping and buffering along the above property line shall include:

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

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

c. Twenty four (24) inch high shrub or hedge material and shall be spaced no more than twenty four (24) inches on center and maintained at a minimum height of seventy two (72) inches. (CO: LANDSCAPE)

Is hereby amended to read:

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

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

b. a six (6) foot high opaque concrete panel wall. The exterior side of the wall shall be given a finished architectural treatment and shall be compatible to the wall along the north property. This wall shall continue from the wall along the north property line and shall measure a minimum of one hundred sixty two (162) feet in length; and,

c. along the exterior side of the wall, install twenty four (24) inch high shrub or hedge material and spaced at twenty four (24) inches on center and to be maintained at a minimum height of thirty-six (36) inches. (CO: LANDSCAPE)

L. LANDSCAPING - INTERIOR

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

a. The minimum width of the required landscape areas shall be 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. Trees are exempted under building canopy. (CO: / LANDSCAPE) (Previously Condition L.1 of Resolution R-99-0107, Petition 97-027(A))

2. One 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) (Previously Condition L.2 of Resolution R-99-0107, Petition 97-027(A))

M. LIGHTING

1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. (CO / ONGOING: BLDG / CODE ENF - Zoning) (Previous Condition M.1 of Resolution R-99-0107, Petition 97-027(A)).

2. All outdoor light poles over six (6) feet in height shall be located a minimum of thirty (30) feet from any residential property line. (CO: BLDG - Zoning) (Previous Condition M.2 of Resolution R-99-0107, Petition 97-027(A)).

3. All outdoor lighting, except security lighting, shall be extinguished no later than 12:30 p.m. daily. (ONGOING: CODE ENF) (Previously Condition M.3 of Resolution R-99-0107, Petition 97-027(A))

N. SIGNS

1. Freestanding point of purchase signs on Congress Avenue and Hypoluxo Road shall be limited as follows:

a. Maximum sign height, measured from finished grade to highest point - ten (10) feet;

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

c. Maximum number of signs - one (1) each on Congress Avenue and Hypoluxo Road; and

d. Style - monument style only. (CO: BLDG) (Previous Condition N.1 of Resolution R-99-0107, Petition 97-027(A)).

2. Wall signs shall be limited to the south and west facades of the building. (CO: BLDG) (Previous Condition N.2 of Resolution R-99-0107, Petition 97-027(A)).

O. USE LIMITATIONS

1. The subject property shall be limited to the following:

a. 12,200 square foot building of retail (drugstore) use.(BLDG PERMIT/ ONGOING: ZONING/BUILDING) (Previously Condition O.1 of Resolution R-99-0107, Petition 97-027(A))

2. Hours of business operation (open to the public) shall be limited to 8:00 a.m. to 11:00 p.m. daily. The drive thru lane adjacent to the building may be open twenty four (24) hours daily and for the sale of pharmaceutical items only. (ONGOING: ZONING/CODE ENF) (Previously Condition O.2 of Resolution R-99-0107, Petition 97-027(A))

P. PLANNING

1. The eastern 50' of the property (cross-hatched portion) shall be limited to landscaping and/or drainage. (ONGOING/PLANNING) (Previously Condition P.1 of Resolution R-99-0107, Petition 97-027(A))

2. Prior to final site plan certification by the Development Review Committee, the site plan shall be amended to revise the portion of the site subject to cross hatching (eastern .25 acres) to indicate that the site is cross hatched by removing the RS notation and replacing it with hatched lines going through this portion of the site. (DRC:PLANNING)

3. The petitioner shall perpetually maintain the exterior sides of all walls. Maintenance shall include the exterior surface of the wall, landscaping, irrigation and daily garbage/trash pick up. (ONGOING:CODE ENFORCEMENT-Planning)

Q. 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) (Previously Condition P.1 of Resolution R-99-0107, Petition 97-027(A))

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; 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) (Previous Condition P.2 of Resolution R-99-0107, Petition 97-027(A))

3.C.8. PETITION 96-118

PETITION W96-118(A) (WPTV TOWER) OF SCRIPPS HOWARD BROADCASTING COMPANY, BY KILDAY & ASSOCIATES, AGENT, FOR WAIVERS FOR SETBACKS FROM THE NORTH, SOUTH, EAST, AND WEST PROPERTY LINES FOR THE 40.29-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF LANTANA ROAD APPROXIMATELY 0.25 MILE WEST OF STATE ROAD 7 (U.S. 441). (P.O.P. 653170) POSTPONED TO JUNE 29, 2000, IN CONJUNCTION WITH THE CLASS A CONDITIONAL USE -- 5-25-2000

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

A. ALL PETITIONS

1. The approval granted by Resolution R-97-151, Petition 96-118, 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.

(CLERK'S NOTE: The following discussion and action took place penultimately to approval of the Consent Agenda.)

Commissioner Marcus raised an objection to the procedure whereby a waiver request is placed on the Consent Agenda in one meeting with the associated conditional use request scheduled for a subsequent meeting. Under this method, approval of the first seemed to imply approval of the second. She proposed that both requests be considered simultaneously.

Commissioner Newell asked if Commissioner Marcus wished to pull the item. Zoning Director Whiteford said he did not think that was necessary and suggested a postponement in order to accommodate Commissioner Marcus's recommendation.

Kieran J. Kilday, agent, agreed to a postponement.

MOTION to POSTPONE Petition W96-118(A) to June 29, 2000, in conjunction with the Class A Conditional Use. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

3.C.9.

a. RESOLUTION R-2000-0719

RESOLUTION FOR PETITION Z/CA2000-005 (CONGRESS BUSINESS PARK) OF CONGRESS VENTURE TWO, INC., BY KILDAY & ASSOCIATES, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM CN-NEIGHBORHOOD COMMERCIAL TO RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) FOR THE 2.28-ACRE PROPERTY LOCATED ON THE EAST SIDE OF CONGRESS AVENUE APPROXIMATELY 0.5 MILE NORTH OF BELVEDERE ROAD. (P.O.P. 652995 AND 652996) ADOPTED 5-25-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action.

b. RESOLUTION R-2000-0720

RESOLUTION FOR PETITION Z/CA2000-005 (CONGRESS BUSINESS PARK) OF CONGRESS VENTURE TWO, INC., BY KILDAY & ASSOCIATES, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW AN OFFICE-WAREHOUSE ON THE 2.28-ACRE PROPERTY LOCATED ON THE EAST SIDE OF CONGRESS AVENUE APPROXIMATELY 0.5 MILE NORTH OF BELVEDERE ROAD. (P.O.P. 652995 AND 652996) ADOPTED WITH CONDITIONS AS AMENDED 5-25-2000

Staff Recommendation: Approval of the Class A 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 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. BUILDING AND SITE DESIGN

1. The proposed office/warehouse building shall be designed and constructed to be consistent with the facade elevations by South Palm Construction, Inc. dated April 26, 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. HEALTH

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

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

E. ENGINEERING

1. Prior to Certificate of Occupancy (CO) the property owner shall participate in the future Congress Avenue Median Landscaping Program for this property's frontage. Prior to the issuance of a Certificate of Occupancy (CO), 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. 2000-2 of the Westgate/Belvedere Homes CRA dated April 10, 2000. (CO: MONITORING-Eng)

2. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Congress Avenue 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)

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

4. Prior to site plan approval by the DRC the petitioner shall submit a final drainage design addressing all minium County and South Florida Water Management District Drainage Criteria. Included in this design shall be an analysis of existing offsite surface flow into or off the subject site. The final drainage design shall accommodate these drainage flows for the three year 24 hour storm. (DRC: ENG)

F. 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 -100 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)

G. 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)

H. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

(CLERK'S NOTE: The following comments were made immediately preceding Consent Agenda approval.)

Zoning Director Whiteford informed the Board that while the Amendments to the Agenda list indicated deletion of Condition G.3, staff now wished to amend the condition instead. He read the following modification:

Revised Condition G.3:

Overnight storage or parking of commercial vehicles shall be limited to ~~the~~ designated ~~RV/boat~~ storage and parking spaces only. (ONGOING: CODE ENF)

(CLERK'S NOTE: The final resolution contains Condition G.3 as follows:)

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

3.C.10. RESOLUTION R-2000-0721

RESOLUTION FOR PETITION DOA95-116(C) (TOWNE PARK PLANNED UNIT DEVELOPMENT) OF LEVITT-ANSCA TOWNE PARK PARTNERSHIP, BY LAND DESIGN SOUTH, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO RECONFIGURE THE MASTER PLAN FOR THE 553.86-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LANTANA ROAD AND STATE ROAD 7 (U.S. 441). (AMENDS R-99-322) (P.O.P. 652995 AND 652996) ADOPTED WITH CONDITIONS 5-25-2000

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.6 of Resolution R-99-322, Petition 95-116A which currently states:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-96-0649 (Petition 95-116) 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 R-99-322 (Petition 95-116A), 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.4 of Resolution R-99-322, Petition 95-116A 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 December 3, 1998. All modifications must be approved by the Board of County Commissioners unless t he 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 site plan is dated April 7, 2000. All modifications must be approved by the Board of County Commissioners unless t he proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

3. Prior to the recording of the first plat, the applicant shall document to the County Attorney and County Engineer that the requirements of Resolution R-79-993 recorded at OR Book 3123, Page 1649 have been satisfied, waived, released or that the County had no obligations under the resolution. In the event that there has been no satisfaction, waiver, release, or that the County has obligations which have not been met, the applicant shall meet the requirements of paragraph 1 of Resolution R-

79-993. (Previous Condition A.5 of Resolution R-99-0322, Petition 95-116(A)) (PLAT: CO ATTY - Eng)

4. Prior to DRC site plan application, the petitioner shall revise the existing concurrency reservation to eliminate the 25,000 sq. ft. golf club house and the 177 acres of golf course. (Condition A.7 of Resolution R-99-0322, Petition 95-116(A)) (DRC: CONCURRENCY)

5. All building permits shall be subject to the approval of the South Florida Water Management District and ERM. Off-site removal of excavation shall be in compliance with Section 6.4.35 and Section 7.6 of the ULDC. (Condition A.8 of Resolution R-99-0322, Petition 95-116(A)) (BLDG. PERMIT: SFWMD/ERM)

6. Prior to final DRC certification of the master development plan, the petitioner shall indicate on the plan the number of Model Row and sales model units, proposed access and location of the Model Rows. (DRC: 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 Architectural Review Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations. (DRC: ZONING)

C. LANDSCAPING - STANDARD

1. Condition B.1 of Resolution R-99-0322, Petition 95-116(A) which currently states:

All trees required to be planted in the perimeter buffer areas shall meet the following minimum standards at time of 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. (CO: LANDSCAPE - Zoning)

Is hereby amended to read:

All canopy trees required to be planted in the perimeter buffer areas shall meet the following minimum standards at time of 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. (CO: LANDSCAPE - Zoning)

2. All palms required to be planted in the perimeter buffer areas shall meet the following minimum standards at time of 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)

(Previous Condition B.2 of Resolution R-99-0322, Petition 95-116(A))

D. LANDSCAPING ALONG THE EAST PROPERTY LINE (ABUTTING SHERBROOKE ESTATES)

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

a. A minimum twenty (20) foot wide landscape buffer strip (no width reduction shall be permitted);

b. A minimum two to three 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 twenty (20) 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, to be maintained at a minimum height of thirty-six (36)inches;

f. In areas where existing lakes cross the property line, the petitioner shall have the option to fill the portions of the lake and provide the above landscape buffer or to provide an alternative landscape betterment plan through the DRC process. (CO: LANDSCAPE) (Previous Condition D.1 of Resolution R-99-0322, Petition 95-116(A))

E. ENGINEERING

1. Lantana Road Construction Project.

a. County agreed upon a plan for construction of Lantana Road as a four to six (4/6) lane arterial for the roadway link between State Road 7 and Jog Road when the Lantana Road Section was included in the Five Year Road Program on January 9, 1996, in accordance with the following schedule:

(1) Initiation of construction plans in fiscal year 1995/1996

(2) Right of Way acquisition in fiscal year 1996/1997

(3) Construction in fiscal year 1998/1999 (DATE: MONITORING - Eng) (Previous Condition E.1.a of Resolution R-99-0322, Petition 95-116(A)).

b. County shall use its best efforts to provide a unified and coordinated design and construction program of all County and third-party developer roadway construction commitments relating to Lantana Road to facilitate the earlier or simultaneous construction contract award of the following roadway construction work with the Lantana Road Section:

(1) Intersection improvements at Jog Road and Lantana Road (the Smith Dairy PUD construction segment);

(2) Lantana Road from Jog Road to Hagen Ranch Road (the Smith Dairy PUD construction segment);

(3) Lantana Road from Hagen Ranch Road to Grand Lacuna Boulevard (the Winston Trail PUD segment);

(4) Lantana Road/Florida's Turnpike improvements

(5) LWDD E-1 Canal seven (7)-lane bridge and Lantana Roadway improvements through the bridge area (the Lacuna PUD segment and County segment); and

(6) Any and all other roadway or transportation requirements having a direct effect on the Project from agreements between County and the Smith Dairy PUD, Winston Trail PUD and Lacuna PUD Developments. (ONGOING: ENG)

(Previous Condition E.1.b of Resolution R-99-0322, Petition 95-116(A))

c. County acknowledges that in order for the construction of the Lantana Road Section to be commenced and completed in a timely manner, which will permit the Developer to construct the various phases of its Project in accordance with Developer's building schedule, it may be necessary for County to acquire through eminent domain certain road rights-of-way and construction easements, if needed, for such roadway improvements. Upon the request of Developer, County agrees to thereafter use its best efforts to obtain all required road rights-of-way and construction easements, if any, required for the Lantana Road Section within the time frame provided in condition a. above. However, County shall not be liable to Developer for any delays in obtaining the requested road rights-of-way. (ONGOING: ENG) (Previous Condition E.1.c of Resolution R-99-0322, Petition 95-116(A)).

2. Project Development Order Requirements.

a. Building Permits for no more than the Entitlement Phase (56 single-family housing units) shall be issued until contracts have been awarded for the construction of the following:

(1) State Road 7 as a four to six (4/6) lane section from north of Boynton Beach Boulevard to Lake Worth Road; and

(2) State Road 7 as a six-lane section from Lake Worth Road to Southern Boulevard; (COMPLETE) and

(3) Intersection improvements at Lantana Road/State Road 7 to accomplish the following:

(i) Dual left turn lanes, one thru lane, one right-turn lane on east approach over the E-1 Canal Bridge.

(ii) Three thru lanes on the east departure over the E-1 Canal Bridge. (BLDG PERMIT: MONITORING -Eng)

(Previous Condition E.2.a of Resolution R-99-0322, Petition 95-116(A))

b. No building permits for more than 400 single-family units or their equivalency shall be issued until the construction is substantially completed and open for traffic as determined by the County Engineer for the following:

(1) Hypoluxo Road as a 2/3 lane section from State Road 7 to Lyons Road (compatible with an ultimate six-lane section); and

(2) Lyons Road as a two-lane section with appropriate turn lanes from the existing terminus in the Sherbrooke Estates PUD to Hypoluxo Road (compatible with an ultimate six-lane section). (BLDG PERMIT: MONITORING - Eng) (Previous Condition E.2.b of Resolution R-99-0322, Petition 95-116(A)).

c. Building permits for no more than 606 single-family housing units or their equivalent shall be issued until contracts have been awarded for construction of Lantana Road as a four to six (4/6) lane section from Jog road to Lyons Road. (BLDG PERMIT: MONITORING - Eng) (Previous Condition E.2.c of Resolution R-99-0322, Petition 95-116(A)).

d. Building permits for no more than 882 single-family housing units or their equivalent shall be issued until contracts have been awarded for the construction of improvements at the Lantana Road/Jog Road intersection of three (3) thru lanes plus appropriate receiving lanes on Lantana Road westbound. (BLDG PERMIT: MONITORING - Eng) (Previous Condition E.2.d of Resolution R-99-0322, Petition 95-116(A)).

e. Developer's Performance Security for the road construction described in condition b. (1) and (2) above shall be posted with County by November 23, 1996. Developer shall provide to County, prior to November 23, 1996, an irrevocable Performance Security in a form acceptable to the County Attorney an amount sufficient to fund preparation of construction plans and road construction for the improvements described in condition b.(1) and (2) above. County shall be authorized to draw against this Performance Security in any amount necessary to fund the actual cost of the construction plan preparation and road construction including County administrative processing costs by giving thirty (30) days prior written notice to Developer of County's intention to draw funds against the Performance Security. (DATE: MONITORING - Eng) (Previous Condition E.2.e of Resolution R-99-0322, Petition 95-116(A)). (Note: Complete)

f. Developer's Performance Security to be provided for the road design and construction required in condition d. above shall be posted with County by November 23, 1996. (DATE: MONITORING - Eng) (Previous Condition E.2.f of Resolution R-99-0322, Petition 95-116(A)). Note: Complete

Condition E.2.g of Resolution R-96-0649, Petition 95-116 was deleted by Resolution R-99-0322, Petition 95-116(A)

3. Lantana Road Construction Project Funding.

a. Developer shall provide to County, prior to November 23, 1996, an irrevocable Performance Security in a form acceptable to the County Attorney in the amount of Two Hundred Fifty Thousand Dollars ($250,000) to be used by County to fund the preparation of construction plans for the Lantana Road Section. County shall be authorized to draw against this Performance Security in any amount necessary to fund the actual cost of the construction plan preparation including County administrative processing costs for the Lantana Road Section by giving thirty (30) days prior written notice to Developer of the County's intention to draw funds against the Performance Security. All residual funds not used by County for construction plan preparation shall be available to County for right-of-way acquisition or road construction associated with the Lantana Road Section. (DATE: MONITORING - Eng) (Previous Condition E.3.a of Resolution R-99-0322, Petition 95-116(A)). Note: Complete

b. For right-of-way acquisition purposes, Developer shall further provide to County by November 23, 1996 an additional irrevocable Performance Security in a form acceptable to the County Attorney in amount of Two Hundred Fifty Thousand Dollars ($250,000) for County's use in purchasing Lantana Road Section right-of-way or roadway drainage area. County shall be authorized to draw against this Performance Security in any amount necessary to fund the actual and associated costs of the right-of-way or roadway drainage area acquisition phase of the road project by giving thirty (30) days prior written notice to Developer of County's intention to draw funds against the Performance Security. County agrees to only draw against such Performance Security in accordance with a schedule directly related to County's actual need for such funds, but in no event shall the County be liable for failure to use such funds within any specific time frame. Any residual funds not required for right-of-way and drainage area acquisition shall be available to County for road construction associated with the Lantana Road Section. (DATE: MONITORING - Eng) (Previous Condition E.3.b of Resolution R-99-0322, Petition 95-116(A)). Note: Complete

c. For actual road construction purposes, Developer shall provide to County by November 23, 1996 an additional irrevocable Performance Security in a form acceptable to the County Attorney in the amount of One Million One Hundred Fifty Thousand Dollars ($1,150,000) for use by County in construction of a portion of the Lantana Road Section from Grand Lacuna Boulevard through the intersection of Lyons Road. These funds shall be credited against the Project's traffic impact fees. County shall be authorized to draw against this Performance Security in any amount necessary to fund the actual cost of the construction of this portion of the Lantana Road Section by giving thirty (30) days prior written notice to Developer of County's intention to draw funds against the Performance Security. (DATE: MONITORING - Eng) (Previous Condition E.3.c of Resolution R-99-0322, Petition 95-116(A)) Note: Complete

d. For actual road construction purposes, Developer shall provide to Palm Beach County an interest-free loan in the amount of Two Million Three Hundred Fifty Thousand Dollars ($2,350,000) for the construction of a portion of the Lantana Road Section from west of Lyons Road to the LWDD E-1 Canal Bridge. Performance Security for these funds shall be provided no later than November 23, 1997. (DATE: MONITORING - Eng) (Previous Condition E.3.d of Resolution R-99-0322, Petition 95-116(A)).

e. Not withstanding the foregoing, the County shall construct the Lantana Road Section as one project. County agrees to only draw against such Performance Security in accordance with a schedule directly related to County's actual need for such funds provided in conditions c. and d., above, but in no event shall County be liable for failure to use the funds within any specific time frame. In the event that there are any unused funds or uncalled Performance Security amounts in the Lantana Road Section account from the Five Hundred Thousand Dollars ($500,000) provided by Developer in conditions 3. a. and 3. b. above, all such funds shall be utilized by County for the Lantana Road Section construction project. Any remaining Performance Security not used for the Lantana Road Section construction project shall be returned to Developer after such construction has been accepted by the County Engineer. (ONGOING: ENG) (Previous Condition E.3.e of Resolution R-99-0322, Petition 95-116(A))

4. Lantana Road Construction Project Administration.

a. County shall make its best effort to award the construction contract for the Lantana Road Section in a coordinated manner with other segments of Lantana Road no later than October 15, 1998. (DATE: MONITORING - Eng) (Previous Condition E.4.a of Resolution R-99-0322, Petition 95-116(A))

b. County shall make its best efforts to provide for a unified and coordinated design and construction of all County and third-party developer road construction commitments related to the Lantana Road Section as provided for in condition 1. above. (DATE: MONITORING - Eng) (Previous Condition E.4.b of Resolution R-99-0322, Petition 95-116(A))

c. County shall be responsible for all costs and expenses associated with construction of the Lantana Road Section above Developer's contribution of One Million Six Hundred and Fifty Thousand Dollars ($1,650,000) plus the Two Million Three Hundred and Fifty Thousand ($2,350,000) interest-free loan to be provided by Developer to County. (ONGOING: ENG) (Previous Condition E.4.c of Resolution R-99-0322, Petition 95-116(A))

d. County shall repay from funds available in the approved Board of County Commissioner's 5 Year Road Program as of January 9, 1996 up to the Two Million Three Hundred and Fifty Thousand ($2,350,000) loan ( the amount actually borrowed) as follows:

One Million Dollars ($1,000,000) on or before October 15, 1999. (DATE: MONITORING - Eng) (Previous Condition E.4.d.1 of Resolution R-99-0322, Petition 95-116(A))

Up to One Million Three Hundred and Fifty Thousand Dollars ($1,350,000) on or before October 15, 2000. (DATE: MONITORING - Eng) (Previous Condition E.4.d.2 of Resolution R-99-0322, Petition 95-116(A))

5. Impact Fee Credits. All sums paid by the Developer toward the Lantana Road Section pursuant to conditions 3. a., 3. b. and 3 c. shall be credited against the Project's Fair Share Road Impact Fees. (ONGOING: ENG) (Previous Condition E.5 of Resolution R-99-0322, Petition 95-116(A))

6. Developer Agreement with Florida Department of Transportation (FDOT) for State Road 7. County hereby recognizes that Developer, under threat of condemnation, has volunteered to dedicate approximately seven (7) acres +/- of right-of-way along the Project's State Road 7 frontage to accommodate the easterly shift of the State Road 7 alignment in order to avoid a major relocation of an existing television broadcast tower located on the west side of State Road 7, which right-of-way dedication will result in significant cost savings to the general public. County agrees to cooperate with Developer in negotiating the State Road 7 right-of-way dedication agreement between FDOT and Developer in order to facilitate the earliest possible construction of State Road 7 between Lake Worth Road and Boynton Beach Boulevard including but not limited to the expanded intersection at Hypoluxo Road and State Road 7. (ONGOING: ENG) (Previous Condition E.6 of Resolution R-99-0322, Petition 95-116(A))

7. Prior to November 23, 1996 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:

a. Hypoluxo Road a total of 110 feet, on an alignment approved by the County Engineer, from SR 7 to Lyons Road; (COMPLETE)

b. Lantana Road 55 feet from centerline; (COMPLETE)

c. An expanded intersection at Lyons Road and Hypoluxo Road; (COMPLETE)

d. Lyons Road, a total of 110 feet of right of way, from the present right of way terminus south of Lantana Road to Hypoluxo Road. (COMPLETE)

All of the above right of way shall be 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) (Previous Condition E.7 of Resolution R-99-0322, Petition 95-116(A))

8. Condition E.8 of Resolution R-99-0322, Petition 95-116(A) which currently states:

The Property Owner shall convey to Florida Department of Transportation, the proposed relocated SR 7 right-of-way in accordance with the Florida Department Of Transportation Requirements. The Petitioner's provision of the road right-of-way warranty deed for the proposed relocated SR 7 right-of-way shall be in accordance with a time schedule mutually approved by FDOT and Palm Beach County but in any event, such conveyance shall be prior to the issuance of the first building permit for the project. (BLDG PERMIT: ENG)

Is hereby deleted. [Reason: FDOT no longer requires this additional right-of-way.]

9. 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 the additional right of way for the construction of a right turn lane at the intersection of:

a. Hypoluxo Road and the project's entrance road

b. Lantana Road and the project's entrance road

This right-of-way shall be a minimum of 280 feet in storage length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. This additional right-of-way shall be free of all encumbrances and encroachments and shall include "Corner-Clips" where appropriate as determined by the County Engineer. 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: BLDG - Eng) (Previous Condition E.9 of Resolution R-99-0322, Petition 95-116(A))

10. Prior to technical compliance for the first plat the property owner shall convey a roadway construction easement to Palm Beach County. This roadway construction easement shall contain an isosceles trapezoid connecting the required corner clips across this pProperty oOwner's road right-of-way. Construction within this easement shall conform to Palm Beach County Standards. (TC: ENG) (Previous Condition E.10 of Resolution R-99-0322, Petition 95-116(A))

11. The Property Owner shall either fund or cause to be constructed by a third party the following turn lanes to be included in the construction by Palm Beach County:

a. Left turn lane west approach and a right turn lane east approach on Hypoluxo Road at the project's entrance road;

b. Left turn lane east approach and a right turn lane west approach on Lantana Road at the project's entrance road (to be constructed by Palm Beach County as part of the Lantana Road Section at no cost to Developer);

c. Left turn lane east approach, a left turn lane north approach and a right turn lane south approach, at the intersection of Hypoluxo Road and SR 7;

d. Left turn lane east approach, right turn lane west approach, left turn lane south approach, lengthen the existing left turn lane south approach to provide for a three hundred thirty foot (330') distance plus appropriate paved tapers, and a right turn lane south approach at the intersection of Lantana Road and Lyons Road;

e. Left turn lane west approach, a right turn lane west approach, a right turn lane north approach, a left turn lane north approach, at the intersection of Hypoluxo Road and Lyons Road.

All construction shall be concurrent with the construction of the related roadway sections. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. (ONGOING: ENG) (Previous Condition E.11 of Resolution R-99-0322, Petition 95-116(A))

12. On or before July 15, 1997, 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 Hypoluxo Road, Lyons Road and Lantana 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, the applicable Drainage District, and 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 road 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). (Previous Condition E.12 of Resolution R-99-0322, Petition 95-116(A))

13. Using funds provided in condition E.2.e., above, Palm Beach County shall prepare the plans for and construct Lyons Road as a two (2) lane facility (expandable to six (6) lanes) from Hypoluxo Road north to the present paved terminus south of Lantana Road plus the appropriate paved tapers. (ONGOING: ENG) (Previous Condition E.13 of Resolution R-99-0322, Petition 95-116(A))

14. Using funds provided in condition E.2.e., above, Palm Beach County shall prepare the plans for and construct Hypoluxo Road as a two (2) lane facility (expandable to six (6) lanes) from SR 7 east to Lyons Road plus the appropriate tapers. These plans and construction work shall omit the construction of any segment of Hypoluxo Road which is to be constructed by FDOT from SR 7 to the project entrance plus appropriate tapers. All FDOT and Palm Beach County construction work shall be compatible with the other. (ONGOING: ENG) (Previous Condition E.14 of Resolution R-99-0322, Petition 95-116(A))

15. The plans and permitting for the road construction work addressed in Conditions 13 and 14 above shall be completed so that the required construction can be accomplished simultaneously with the construction of Hypoluxo Road from SR 7 to the Project's entrance plus appropriate tapers which construction work shall be by FDOT. (ONGOING: ENG) (Previous Condition E.15 of Resolution R-99-0322, Petition 95-116(A))

16. The Property Owner shall provide acceptable Performance Security by November 23, 1996 for the construction of intersection improvements at the intersection of Lantana Road and Jog Road by providing an additional westbound thru lane [for a total of three (3) westbound thru lanes] on Lantana Road with thru intersection continuity. Surety in the amount of one hundred ten percent (110%) shall be based upon a Certified Cost Estimate provided by the Developer's Engineer and approved by the County Engineer. (DATE: MONITORING - Eng) (Previous Condition E.16 of Resolution R-99-0322, Petition 95-116(A)) Note: COMPLETE

17. The Property Owner shall fund or cause to be funded by a third party the cost of signal installation if warranted as determined by the County Engineer at:

a. the project's entrance and Hypoluxo Road;

b. the project's entrance and Lantana Road; and

c. at the intersection of Hypoluxo Road and SR 7

Should signalization not be warranted after twelve (12) months of the final Certificate of Occupancy, the Property Owner shall be relieved from this condition (CO: MONITORING - Eng). (Previous Condition E.17 of Resolution R-99-0322, Petition 95-116(A))

18. No internal vehicular traffic connections shall be made with any roadway within the Sherbrooke Estates PUD from the Project. (DRC: ENG) (Previous Condition E.18 of Resolution R-99-0322, Petition 95-116(A))

19. LANDSCAPE WITHIN MEDIAN

a. Prior to January 1, 2002, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median(s) of Hypoluxo Road, Lantana Road and State Road 7 abutting the project. 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 and shall be consistent with the landscaping theme adopted for this roadway. All landscape material, 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. (DATE: MONITORING - Eng) (Previous Condition E.19.a of Resolution R-99-0322, Petition 95-116(A))

b. All required median landscaping including an irrigation system, if required, shall be at the property owners expense. All landscape material shall also be the perpetual maintenance obligation of the property owner its successors, heirs or assignees or duly established Property Owner's Association and/or 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 July 1, 2002. (DATE: MONITORING - Eng) (Previous Condition E.19.b of Resolution R-99-0322, Petition 95-116(A))

c. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to the issuance of the first building permit to reflect this obligation. (PLAT: ENG) (Previous Condition E.19.c of Resolution R-99-0322, Petition 95-116(A))

F. LANDSCAPING ALONG THE WEST PROPERTY LINE (ABUTTING LWDD E-1 CANAL)

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

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

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

c. One (1) palm or pine tree for each thirty (30) linear feet of frontage. 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;

e. In areas where existing lakes cross the property line, the petitioner shall have the option to fill the portions of the lake and provide the above landscape buffer or to provide an alternative landscape betterment plan through the DRC process. (CO: LANDSCAPE) (Previous Condition F.1 of Resolution R-99-0322, Petition 95-116(A))

G. LANDSCAPING ALONG THE LANTANA ROAD, LYONS ROAD AND HYPOLUXO ROAD FRONTAGE

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

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

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

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

d. One (1) palm or pine tree for each thirty (30) linear feet of frontage. 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, to be maintained at a minimum height of thirty-six (36)inches. (CO: LANDSCAPE) (Previous Condition G.1 of Resolution R-99-0322, Petition 95-116(A))

H. LIGHTING

1. Condition H.1 of Resolution R-99-0322, Petition 95-116(A) which currently states:

All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, minimum necessary to satisfy Security Code shielded and directed down and away from adjacent properties and streets.

Is hereby amended to read:

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) (Previous Condition H.2 of Resolution R-99-0322, Petition 95-116(A))

3. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF)(Previous Condition H.3 of Resolution R-99-0322, Petition 95-116(A))

I. HEALTH

1. Reasonable precautions shall be taken during development to insure that unconfined particulates (dust particles) from the property do not become a nuisance to neighboring properties. (ONGOING: HEALTH / CODE ENF)(Previous Condition I.1 of Resolution R-99-0322, Petition 95-116(A))

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)(Previous Condition J.1.A of Resolution R-99-0322, Petition 95-116(A))

B. 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)(Previous Condition J.1.B of Resolution R-99-0322, Petition 95-116(A))

2. The property owner shall negotiate, in good faith, a contract for a proportionate share of the cost of operation and maintenance of mass transit generated by this projects identifiable impacts in accordance with an official County program adopted for such purpose. This condition F(3) shall remain in effect until May 23, 1997. (DATE: MONITORING - Eng)(Previous Condition J.3 of Resolution R-99-0322, Petition 95-116(A))

K. PLANNED UNIT DEVELOPMENT

1. Condition K.1 of Resolution R-99-0322, Petition 95-116(A)) which currently states:

Street lights shall be provided pursuant to Section 6.8A.23e(1) of the ULDC, subject to approval by the County Engineer.(CO: BLDG - Eng)

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 K.2 of Resolution R-99-0322, Petition 95-116(A) which currently states:

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

Is hereby amended to read:

Street trees shall be provided as follows:

a. Along a minimum of one side of all internal PUD right-of-ways forty (40) feet in width or greater;

b. Along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and,

c. One canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters.

Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the County Engineer, if required, shall be used. (CO: LANDSCAPE - Zoning)

3. Petitioner shall construct an eight (8) foot bike/pedestrian path along the internal collector road within the Project in lieu of constructing street/bike lane(s). (CO: ENG) (Previous Condition K.3 of Resolution R-99-0322, Petition 95-116(A)).

4. Condition K.4 of Resolution R-99-0322, Petition 95-116(A) which currently states:

All utilities shall be underground, pursuant to Section 6.8.A.23.e(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)

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 owners' 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. (BLDG PERMIT/PLAT: BLDG / ENG - Co ATTY) (Previous Condition K.5 of Resolution R-99-0322, Petition 95-116(A))

6. The Florida Department of Transportation (FDOT) has requested additional SR7 right-of-way from the project to accommodate a proposed SR7 road right-of-way realignment to avoid the relocation of a television tower located west of SR7. Any PUD master plan revisions required as a result of such proposed SR7 right-of-way dedication to FDOT by this Petitioner shall be approved by County's Development Review Committee. (DRC: ZONING) (Previous Condition K.6 of Resolution R-99-0322, Petition 95-116(A)).

7. A Public Facilities Agreement shall be entered into by this Petitioner and the Board of County Commissioners further detailing transportation related requirements of this petition and shall be adopted concurrent with the approval of the Development Order for this petition. (ENG) (Previous Condition K.8 of Resolution R-99-0322, Petition 95-116(A)).

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

9. 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 April 7, 2000. 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)

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

11. 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 the residential pods as shown on the site plan dated April 7, 2000. 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)

L. PLANNING

1. Prior to master plan approval, the site plan shall depict a pathway/sidewalk system along Lantana Road and Hypoluxo Road, in order to provide a pedestrian walkway since this site is within two miles of a school. (DRC: Planning) (Previous Condition L.1 of Resolution R-99-0322, Petition 95-116(A)).

2. Prior to final site plan approval by the Development Review Committee (DRC), the preliminary development plan shall show a shaded pedestrian cross access to the Windsor Place LR/MU site, as depicted on the Preliminary Development Plan dated April 7, 2000. (DRC: PLANNING)

M. PREM

1. Condition M.1 of Resolution R-99-0322, Petition 95-116(A) which currently states:

The property owner shall provide to the Palm Beach County Board of County Commissioners by a special warranty deed by April 25, 1998 a 33.63 acre plus/minus civic site. The civic site shall be a parcel to be acquired by Towne Park, the location of which has been mutually agreed upon by PREM, the Parks Department and the petitioner to be located in an area bounded by the Florida Turnpike on the east, the approved Hypoluxo Road Right-of-Way on the north, the approved Lyons Road Right-of-Way on the west and the LWDD L-19 canal on the south. Hypoluxo Road frontage shall be provided and the site shall not be located contiguous to Florida's Turnpike. The total civic site acreage shall include: 1) the 2% civic site requirement for Petition 95-116 (11.25 acres); 2) the 2% civic site requirement for the Sherbrooke Estates PUD pursuant to Petition 76-139 (R-89-2217 Condition #2) (10.75 acres), and 3) the 2% civic site requirement for a 581.52 acre � parcel located contiguous to the Towne Park Country Club (11.63 acres) to be submitted as part of a future zoning petition. 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. The appraisal to be obtained by 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. if the civic site is used for governmental purposes. In the event the site is used for private purposes, the Declarations of Covenants of the P.U.D. shall remain in full force and effect.

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

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

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

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

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

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

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

g. Developer to provide water and sewer stubbed out to the property line. (DATE: MONITORING / PREM)

Is hereby amended to read:

The property owner shall provide a 33.63 acre � civic site to the Palm Beach County Board of County Commissioners by a special warranty deed, prior to the earlier of the following dates or occurrences:

1. Six (6) months after final completion for the construction of Hypoluxo Road from the intersection of Lyons Road to the easternmost access point of the Villages of Windsor PUD.

2. Six (6) months following the recordation of the first plat within the area of Villages of Windsor PUD that is located east of Lyons Road

3. No later than January 1, 2002.

The civic site parcel to be acquired by Palm Beach County, the location of which has been mutually agreed upon by PREM, the Parks and Recreation Department and the petitioner to be located in an area bounded by the Florida Turnpike on the east. The approved Hypoluxo Road Right-of-Way on the north, the approved Lyons Road Right-of-Way on the west and the LWDD L-19 canal on the south. Hypoluxo Road frontage shall be provided. The total civic site shall include: 1) the 2% civic site requirement for Petition 95-116 (11.25 acres); 2) the 2% civic site requirement for the Sherbrooke Estates PUD pursuant to Petition 76-139 (R-89-2217 Condition 2) (10.75 acres), and 3) 2% civic site requirement for a 581.52 acre � parcel located contiguous to the Towne Park Country County Club (11.63 acres) to be submitted as part of a future zoning petition. 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.

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

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

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

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

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

g. Developer to provide water and sewer stubbed out to the property line. (DATE: MONITORING / PREM)

2. The property owner shall provide the County with a certified survey of the proposed civic site by February 25, 1998. Survey shall reflect the boundary and topographical areas of the site and the surveyor shall use the following criteria:

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

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

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

Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site. (DATE: MONITORING / PREM)(Previous Condition M.1 of Resolution R-99-0322, Petition 95-116(A)) [NOTE: Condition has been satisfied]

3. The property owner shall provide PREM with an Environmental Assessment of the proposed civic site by February 25, 1998. 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.

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

EPA's National Priorities list (NPL)

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

Hazardous Waste Data Management System List (HWDMS)

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

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

f. Review of Wellfield Protection Zone maps to determine if property is located in a Wellfield Zone. (DATE: MONITORING / PREM) (Previous Condition M.3 of Resolution R-99-0322, Petition 95-116(A)) [NOTE: Condition has been satisfied]

4. Prior to February 25, 1998, 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. If off-site land or cash contribution is accepted by Palm Beach County, the petitioner shall be deemed to have satisfied the intent of ULDC 6.8B.6a (2). (DATE: MONITORING / PREM) (Previous Condition M.4 of Resolution R-99-0322, Petition 95-116(A))

N. SCHOOL BOARD

1. Condition N.1 of Resolution R-99-0322, Petition 95-116(A) which currently states:

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. (ONGOING: SCHOOL BOARD)

Is hereby amended to read:

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

"NOTICE TO HOME BUYERS/TENANTS"

"School age children may not be assigned to the public school closest to their residents. School Board policies regarding overcrowding 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)."

In the event that this PUD becomes an adult only community, this condition shall not apply. (ONGOING: SCHOOL BOARD)

O. COMPLIANCE

1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) (Previous Condition O.1 of Resolution R-99-0322, Petition 95-116(A)).

2. Condition O.2 of Resolution R-99-0322, Petition 95-116(A) which currently states:

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.

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)

Is hereby amended to read:

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

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. RECEIVE AND FILE ZONING COMMISSION RESOLUITON

3.D.11. PETITION 81-95

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-010 FOR PETITION CB81-95(B) (FOREST HILL CENTER) OF ATLANTIC COAST TOWER, BY MICHAEL HOUSTON, AGENT, FOR A CLASS B CONDITIONAL USE (CB) TO ALLOW A COMMERCIAL COMMUNICATION TOWER (115-FOOT MONOPOLE) ON THE 19.53-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOREST HILL BOULEVARD AND CONGRESS AVENUE. APPROVED 5-25-2000

Staff Recommendation: Receipt and file of the resolution.

3.E. STATUS REPORTS

3.E.12. PETITION 73-216

STATUS REPORT SR73-216A.6 FOR RESOLUTIONS R-90-57 AND R-90-58 OF PETITION 73-216(A) OF PALM BEACH BAPTIST TEMPLE, INC., PROPERTY OWNER, FOR A TIME EXTENSION UNTIL MARCH 25, 2001, FOR THE 7.5-ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 0.8 MILE NORTH OF HYPOLUXO ROAD. THE PROPERTY IS ZONED RS-SINGLE-FAMILY RESIDENTIAL WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR A CHURCH AND ACCESSORY BUILDINGS TO: (1) INCREASE THE SQUARE FOOTAGE FOR THE CHURCH AND ACCESSORY BUILDINGS AND STRUCTURES; AND (2) PERMIT AN EDUCATION INSTITUTION (MAXIMUM 60 K-12 STUDENTS). APPROVED 5-25-2000

Staff Recommendation: Approval of the time extension until March 25, 2001.

3.E.13. PETITION 84-163

STATUS REPORT SR84-163A.3 FOR RESOLUTION R-94-358 OF PETITION 84-163(A) OF ARCADIA PROPERTIES, INC., PROPERTY OWNER, FOR A TIME EXTENSION UNTIL MARCH 24, 2001, FOR THE 4.04-ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 2.0 MILES NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF STEINER ROAD. THE PROPERTY IS ZONED CC-COMMUNITY COMMERCIAL WITH A CONDITIONAL OVERLAY ZONE. APPROVED 5-25-2000

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

3.E.14. PETITION 94-13

STATUS REPORT SR94-13 FOR RESOLUTION R-95-435 FOR PETITION 94-13 (CHIMU SHOPPING CENTER) OF CHIMU, INC., PROPERTY OWNER, FOR A TIME EXTENSION UNTIL MARCH 30, 2001, FOR THE 8.55-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF HYPOLUXO ROAD APPROXIMATELY 0.25 MILE WEST OF MILITARY TRAIL. THE PROPERTY IS ZONED MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH A REQUESTED USE FOR A FAST FOOD RESTAURANT. APPROVED 5-25-2000

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

3.E.15. See Pages 4-5.

3.E.16. PETITION 94-98

STATUS REPORT SR94-98.2 FOR RESOLUTION R-95-1124 FOR PETITION 94-98 (HYPOLUXO CENTER) OF FRANCALBY CORPORATION, INC., PROPERTY OWNER, FOR A TIME EXTENSION UNTIL FEBRUARY 24, 2001, FOR THE 2.7-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF HYPOLUXO ROAD AND HIGH RIDGE ROAD. THE PROPERTY IS ZONED CC-COMMUNITY COMMERCIAL. APPROVED 5-25-2000

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

3.E.17. PETITION 95-64

STATUS REPORT SR95-64 FOR RESOLUTION R-96-1967 FOR PETITION 95-64 (CORAL LAKES APARTMENTS) OF CORNERSTONE GROUP (PROPERTY OWNER: CORAL LAKES APARTMENTS, INC.) FOR A TIME EXTENSION UNTIL JULY 6, 2000, FOR THE 17.85-ACRE PROPERTY LOCATED ON THE WEST SIDE OF CONGRESS AVENUE APPROXIMATELY 350 FEET NORTH OF 6TH AVENUE SOUTH. THE PROPERTY IS ZONED PUD-PLANNED UNIT DEVELOPMENT. APPROVED 5-25-2000

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

3.E.18. PETITION 95-103

STATUS REPORT SR95-103 FOR RESOLUTION R-96-386 FOR PETITION 95-103 (CONCRAFT, INC. FACILITY) OF EMMETT E. STEGALL AND BEATRICE O. STEGALL, PROPERTY OWNERS, FOR A TIME EXTENSION UNTIL MARCH 28, 2002, FOR THE 1.8-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF BELVEDERE ROAD APPROXIMATELY 0.2 MILE WEST OF SKEES ROAD. THE PROPERTY IS ZONED IL-LIGHT INDUSTRIAL. APPROVED 5-25-2000

Staff Recommendation: Approval of the time extension until March 28, 2002.

3.E.19. PETITION 95-113

STATUS REPORT SR95-113 FOR RESOLUTION R-96-382 FOR PETITION 95-113 (ACKERMAN/CROSBY REZONING) OF TIDAL WAVE INVESTMENT CORPORATION, INC., PROPERTY OWNER, FOR A TIME EXTENSION UNTIL MARCH 28, 2001, FOR THE 1.0-ACRE PROPERTY LOCATED ON THE EAST SIDE OF TALL PINES ROAD APPROXIMATELY 0.1 MILE NORTH OF WALLIS ROAD. APPROVED 5-25-2000

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

3.E.20. See Pages 4 and 5.

3.F. ABANDONMENT RESOLUTIONS

3.F.21. RESOLUTION R-2000-0722

RESOLUTION FOR PETITION ABD89-107 (COMMUNITY ASPHALT) OF THE BOARD OF COUNTY COMMISSIONERS TO ADMINISTRATIVELY ABANDON THE SPECIAL EXCEPTION GRANTED BY RESOLUTION R-90-579 TO ALLOW ASPHALT AND CONCRETE MIXING AND PRODUCT MANUFACTURING ON A PARCEL OF LAND LYING IN TRACT 19, BLOCK 6, OF PALM BEACH FARMS COMPANY PLAT 3, LOCATED ON THE EAST SIDE OF BENOIST FARMS ROAD APPROXIMATELY 0.21 MILE NORTH OF SOUTHERN BOULEVARD. (REVOKES R-90-579) ADOPTED 5-25-2000

Staff Recommendation: Approval of the administrative abandonment of the special resolution granted by Resolution R-90-579 and adoption of a resolution affirming that action.

3.F.22. RESOLUTION R-2000-0723

RESOLUTION FOR PETITION ABD78-200 (WESTGATE SALVATION ARMY) OF THE SALVATION ARMY TO ABANDON THE SPECIAL EXCEPTION GRANTED BY RESOLUTION R-78-1265 TO ALLOW THE SALVATION ARMY LODGE FACILITY, INCLUDING ADMINISTRATIVE OFFICES WITH STORAGE AND THRIFT STORE SALES, ON LOTS 1-15 AND LOTS 31-41, BLOCK 36, WESTGATE ESTATES, LOCATED AT THE SOUTHEAST CORNER OF WESTGATE AVENUE AND LOXAHATCHEE DRIVE. (AMENDS R-78-1265) ADOPTED 5-25-2000

Staff Recommendation: Approval of the abandonment of the special exception granted by Resolution R-78-1265 and adoption of a resolution affirming that action.

(CLERK'S NOTE: Item 3.C.8. and Item 3.C.9. were discussed; see Pages 16-17 and 17-21, respectively.)

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

PUBLIC COMMENT: None

UPON CALL FOR A VOTE, the motion carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

4. REGULAR AGENDA

4.A. ITEMS PULLED FROM CONSENT AGENDA - None

4.B. ZONING PETITIONS

4.B.23. RESOLUTION R-2000-0724

RESOLUTION FOR PETITION PDD99-61 (LEIDER PUD) OF JG EQUITIES/TPR ASSOCIATES LTD./MICHAEL'S NURSERY & FARMS INC./JOSEPH STEINER AND JUANITA STEINER/STANLEY STEINER AND JEWELL STEINER/CENTEX HOMES/JAMES A. BURG/TPR ASSOCIATES, INC., PROPERTY OWNERS, BY ROBERT A. BENTZ, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM AR-AGRICULTURAL RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT FOR THE 98.9-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MILITARY TRAIL AND PIPERS GLEN BOULEVARD. (P.O.P. 652995 AND 652996) ADOPTED WITH CONDITIONS AS AMENDED 5-25-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment 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 March 23, 2000 . All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

2. Construction access shall be limited to Military Trail only. (ONGOING: CODE ENF - Zoning)

3. Prior to Master Plan Approval by the DRC the Property Owner shall record a restrictive covenant limiting occupancy of the units to an "adult only community". (DRC: ZONING)

4. Starting on June 1, 2001, the petitioner shall submit an annual report to the Zoning and Traffic Divisions demonstrating compliance with the adult only community requirements as documented in the restrictive covenant. (DATE: MONITORING - Zoning/Eng/School Board)

B. ARCHITECTURAL CONTROL

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

a. No more than three (3) homes with the same elevation shall be placed next to each other; or,

b. No more than three (3) homes with the same exterior color scheme may be placed next to each other.

This obligation shall be included in the Homeowners Association's documentation. A monitoring report with updated information shall be submitted by the developer with each building permit application to ensure compliance with this condition. This obligation shall be included in the Homeowners Association's documentation. (BLDG PERMIT: BLDG/ZONING)

3. 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 townhouse buildings. (BLDG PERMIT: BLDG - Zoning)

C. LANDSCAPING - STANDARD

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

a. Tree height: fourteen (14) feet

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

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

D. LANDSCAPING ALONG THE NORTH PROPERTY LINES, THE ~~987~~ 1586 FEET SOUTH PROPERTY LINE AND THE EAST PROPERTY LINES ( ABUTTING PIPERS GLEN BOULEVARD, MILITARY TRAIL AND MOBILE HOMES)

1. Landscaping and buffering along the above 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 and one half (2.5) foot high continuous berm measured from top of curb;

c. a minimum six (6) foot high opaque concrete wall to be installed on the plateau of the berm. The exterior side of the wall shall be given a finished architectural treatment. (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 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 (120) feet between clusters; and

c. twenty-four (24) inch high shrub or hedge material spaced no more than twenty-four (24) inches on center at installation, to be maintained at a minimum height of thirty-six (36). A minimum fifty (50)% of the shrub or hedge material shall be planted on the plateau of the berm (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. A minimum fifty (50)% of the shrub or hedge material shall be planted on the plateau of the berm. (CO: LANDSCAPE)

E. ENGINEERING

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

a) the additional right of way for the construction of a right turn lane on Military Trail at the project's entrance road. This additional right of way shall be dedicated prior to the issuance of a building permit. The geometrics for the right turn lane shall be a minimum of 280 feet in storage length, twelve feet in width and a taper length of 50 feet or as approved by the County Engineer. (BLDG PERMIT: MONITORING-Eng)

b) for Steiner Road 20 feet from centerline on or before June 1, 2001 or prior to the issuance of the first Building Permit whichever shall first occur. A T turnaround at the western terminus of Steiner Road shall also be provided, with appropriate right of way is accordance with the County Engineer's approval. (DATE/BLDG PERMIT: MONITORING-Eng)

Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (BLDG PERMIT: MONITORING-Eng)

2. The Property owner shall construct:

a. Right turn lane north approach on Military Trail at the project's entrance road;

b. Left turn lane south approach and the associated relocation of the median opening on Military Trail at Steiner Road;

c. Left turn lane east approach on Pipers Glen Boulevard at the projects entrance road.

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

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

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

3. Prior to the issuance of a Building Permit, 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 Military Trail 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. (BLDG PERMIT: MONITORING-Eng)

4. 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 204 single family dwelling units shall not be issued until construction has begun for Lake Ida Road as a 4/5 lane section from Military Trail to Barwick Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

The mix of allowable dwelling units uses, as permitted by the Zoning Division, listed above may be adjusted by the County Engineer only if based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Section 5.8 of the Unified Land Development Code. (DATE: MONITORING:Eng)

5. Unless previously bonded, acceptable surety required for the widening of Lake Ida Road from Military Trail to Barwick Road as outlined above shall be posted with the Office of the Land Development Division on or before November 27, 2000. Surety in the amount of 110% shall be based upon a Certified Cost Estimate provided by the Developer's Engineer. (TPS - Maximum 6 month time extension) (DATE: MONITORING-Eng)

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

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)

7. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF MILITARY TRAIL

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 Military Trail from the project's south property line to Pipers Glen Boulevard. 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)

F. LANDSCAPING ALONG THE 952 FEET SOUTH PROPERTY LINE, THE WEST PROPERTY LINES (ADJACENT PUD AND THE LWDD CANAL E-3)

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

a. a minimum ten (10) foot wide landscape buffer strip along the east property line. 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 (120) feet between clusters;

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. (CO: LANDSCAPE)

G. LANDSCAPING ALONG THE 2.24 ACRE RECREATION POD AND THE 2.0 ACRE CIVIC POD (ADJACENT PUD AND THE LWDD CANAL E-3)

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

a. a minimum twenty (20) foot wide landscape buffer strip along the north, south and west property lines of the recreation/civic pods and a minimum ten (10) foot wide landscape buffer strip along the east property line of the recreation/civic pods. No reductions or easement encroachments shall be permitted;

b. a minimum two and one half (2.5) foot high continuous berm measured from top of curb to be provided on the north, south and west property lines;

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 property line, with a maximum spacing of one hundred (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). On the north, south and west property lines, shrubs or hedge material shall be planted on the plateau of the berm. (CO: LANDSCAPE)

H. 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 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)

I. PLANNED UNIT DEVELOPMENT

1. Decorative street lights shall be provided pursuant to Section 6.8.A of the ULDC, subject to approval by the County or City Engineer. (CO: BLDG - Eng)

2. Street trees shall be provided as follows:

a. along a minimum of one side of all internal PUD right-of-ways forty (40) feet in width or greater;

b. along both sides of all internal PUD right-of-ways, fifty (50) feet in width or greater; and,

c. one canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters.

Root barriers and other alternatives acceptable to the Zoning Division, Utilities Departments and the County Engineer, if required, shall be used. (CO: LANDSCAPE - Zoning)

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

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

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

Property Development Regulations	Administrative Deviation or Flexible Regulations	Pods
Front Setback (ZLL and townhomes)	22.5' min.	All Pods
Rear Setback (townhomes only)	20' min.	All Pods
Lot Coverage (ZLL only)	55%	All Pods

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

6. 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 March 23, 2000. 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)

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

8. 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)

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 March 23, 2000 (Rec.# 37, 40, and 47). In addition, the site plan shall also be amended to indicate the types of shade trees to be planted internal to the site and along Military Trail and Piper's Glen Boulevard. (DRC: PLANNING)

2. Prior to final site plan approval, the site plan shall be amended to indicate a shaded pedestrian pathway/sidewalk along Piper's Glen Boulevard. In addition, the site plan shall indicate street cross sections which depict shaded landscaping for the entire pathway/sidewalk along Piper's Glen Boulevard. An 8' sidewalk shall be installed along Piper's Glen Boulevard except in areas where there are existing trees. In areas along Piper's Glen Boulevard where there are existing trees, the sidewalk width shall be a minimum of 5'. (DRC:PLANNING)

3. Prior to the final certificate of occupancy, the petitioner shall install a pedestrian pathway/sidewalk along Piper's Glen Boulevard. An 8' sidewalk shall be installed along Piper's Glen Boulevard except in areas where there are existing trees. In the areas along Piper's Glen Boulevard where there are existing trees, the sidewalk width shall be a minimum of 5'. (CO-BLDG-Planning)

4. Prior to final site plan approval, the site plan shall indicate street cross sections which depict landscaping for the existing pathway/sidewalk system along Military Trail outside of the FPL utility easement in order to provide shade/canopy trees in accordance with FPL guidelines for the pedestrian walkway. (DRC: LANDSCAPE-Planning)

K. ENVIRONMENT RESOURCES MANAGEMENT

1. A 25% upland set-aside and/or incorporation of the specimen sized native trees shall be shown on the site plan prior to final DRC certification of the site plan. (DRC: ERM)

L. 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 Maryann Kwok said that all issues had been resolved with the exception of a possible left-turn exit (west) onto Pipers Glen Boulevard. The movement had been proposed by the Engineering department and was opposed by the Pipers Glen Homeowners Association. Ms. Kwok noted that the current master plan (backup, P. 187) showed no such movement.

Engineering Assistant Jim Choban said that several residents had requested left-turn movements for the project. He referred the Board to a distributed copy of a revised Page 187 showing such movements for residents wishing to travel west on Pipers Glen Boulevard:

Movement A, a left-turn movement westward onto Pipers Glen Boulevard. Neighboring residents asked that it be restricted to limit the number of persons who could cross the thoroughfare. Engineering staff believed that because Pipers Glen is a publicly dedicated roadway there is no valid engineering reason to restrict a left-turn movement. Moreover, Movement A was much safer than Movement B.

The developer would permit only residents to use the entrance-exit. Hence, the number of persons using it would be minimal.

Movement B, a left-turn movement onto Steiner Road with a subsequent left-turn movement onto Military Trail. Residents would then cross three lanes of southbound traffic on Military Trail, turn left on Military, drive north to the intersection with Pipers Glen Boulevard, and turn left.

Commissioner Aaronson remarked that he had met repeatedly with interested parties, including Engineering staff, all of whom had been agreed on a right-turn movement onto Pipers Glen Boulevard. Now, at the last moment, Engineering staff advocated a left-turn movement as well. Mr. Aaronson said it might be slightly better on the one hand, but on the other, it would impact and inconvenience neighboring residents. More important, adding the movement would increase the possibility of traffic accidents. Commissioner Aaronson pointed out that most Leider PUD residents wishing to go west would exit onto Military Trail and drive north to Boynton Beach Boulevard or south to Lake Ida Road. Or they would make a right-turn exit on Pipers Glen Boulevard, a left turn at the Pipers Glen-Military Trail intersection, and a left turn at the Military Trail-Boynton Beach Boulevard intersection. Mr. Aaronson proposed temporarily holding to the original agreement and seeing what impacts resulted.

Robert A. Bentz, agent, described the development's two access points:

Main access point on Military Trail for use by residents, visitors, and construction workers.

Secondary access point on Pipers Glen Boulevard for use by residents only. It allowed right-in, right-out, and left-in; it did not allow left-out.

Mr. Bentz noted that the Board had approved similar access points for the Lester PUD located north of Pipers Glen Boulevard and the Lake Worth Drainage District L-28 Canal, i.e., main access point on Military Trail and resident-only access point on Pipers Glen Boulevard.

Commissioner Newell pointed out that Fire-Rescue vehicles would have to use the Pipers Glen Boulevard access point, which was closer to Jog Road up which they would come. Mr. Bentz agreed.

Mr. Bentz agreed to Commissioner Aaronson's suggestion of a condition requiring developer maintenance of landscaping and street lighting in front of the Leider PUD property on Pipers Glen Boulevard.

PUBLIC COMMENT:

Barry Hochheiser, vice-president of the Westchester Community Master Association, offered a letter authorizing him to speak on behalf of the association.

MOTION to receive and file the letter. Motion by Commissioner Masilotti, seconded by Commissioner Marcus, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

Mr. Hochheiser made the following points:

Pipers Glen Boulevard was a beautiful two-lane country road, the integrity of which the association wished to maintain.

The association was not happy about the Pipers Glen entrance to Cascade Lakes but that was "a done deal."

Westchester Community Master Association, which consists of 10 communities along Pipers Glen Boulevard, has 1,762 homes and Cascade Lakes has 536 homes, for a total of 2,298 homes. Allowing an average of 1.5 cars per home gives a potential of 3,447 cars using the two-lane road daily. Now, Leider PUD is coming forward with 395 homes at 1.5 cars per home, for a revised total of 4,044 cars. This was too much of a load and could be avoided.

The association proposed: (1) moving the main access point from Military Trail to Steiner Road, which already has a wide median cut onto Military Trail; and (2) moving the secondary access point (resident-only) from Pipers Glen Boulevard to Military Trail.

Steiner Road is a County-maintained, undedicated road that has only one residence and the main entrance to Michael's Nursery & Farms and will have the Leider PUD as well.

Authorization might be obtained to install a traffic signal at Steiner Road and Military Trail.

The mobile home trailer park does not use Steiner Road. The park has its own road and only maintains a gated emergency exit on Steiner.

Under this minimally disruptive proposal, there would be no need for an entrance-exit on Pipers Glen Boulevard.

Mr. Hochheiser offered the association's master plan exhibit of the proposal for the Board's perusal.

MOTION to receive and file the exhibit. Motion by Commissioner Aaronson, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

Agent Bentz told Commissioner Masilotti that he had not seen the association's exhibit but that its idea had been discussed. There was no reason to have two access points only a few hundred feet apart, he said.

Citing the proposal, Deputy County Engineer Edwin Jack said that a Steiner Road-Military Trail access might be practical but that the secondary access north of that was probably too close to the intersection with Pipers Glen Boulevard.

Commissioner Aaronson stated that the reason for an access on Military Trail with a second on Pipers Glen Boulevard was resident egress in the event of an accident or other emergency on Military.

Commissioner Newell raised the possibility of eliminating the Military Trail access and retaining a Steiner access and a Pipers Glen access. Increasing the distance increased the chances for intersection signalization, he added.

PUBLIC COMMENT:

The following speakers supported the Westchester Community Master Association proposal: Lewis J. Doctor, president of COBWRA (Coalition of Boynton West Residential Associations); Joseph Dubin; Rita Miller, community affairs spokesperson of Country Greens Homeowners Association; and Mildred Rabunowitz.

At Commissioner Newell's request, Engineering Assistant Choban explained that the design capacity of Pipers Glen Boulevard, as a two-lane roadway, was approximately 13,000 trips daily. At slightly less than 4,000 trips, as indicated by the traffic study, the road was operating at only one-third of capacity, he said.

Deputy County Engineer Jack noted staff's objections to the association proposal:

The primary access on Steiner Road-Military Trail would require the median cut to be relocated to that point.

The secondary access on Military Trail would be too close to the Pipers Glen Boulevard-Military Trail intersection.

The primary access would be less safe than the Pipers Glen Boulevard access in that it would require drivers to cross three lanes of southbound traffic on Military Trail, which services about 30,000 vehicles daily, as opposed to entering the approximately 4,000-vehicle Pipers Glen Boulevard.

Through questioning of staff, the Board determined that an estimated 250 drivers would be daily put at risk using the Steiner Road-Military Trail access whereas about 25 drivers would be exiting Pipers Glen Boulevard during "peak hour," which is two hours daily. Additionally, the traffic count on Military Trail was expected to rise to 47,000 vehicles with a six-lane section.

MOTION to adopt a resolution approving the request of Petition PDD99-61 for an Official Zoning Map Amendment from AR to PUD with a left-turn movement out on Pipers Glen Boulevard. Motion by Commissioner Marcus.

MOTION DIED FOR LACK OF A SECOND.

Agent Bentz said that under the developer's plans, the Steiner Road median cut would be relocated to line up with the development's entrance on Military Trail. Commissioner Newell suggested that the developer move the entrance to connect it with Steiner Road since the median opening was already there. Commissioner Masilotti observed that it was easier to market an access on Military Trail. Mr. Bentz agreed that it was not only easier to market but a better entry feature for the community and a safer turning movement as well.

Commissioner Newell proposed the following recommendation: Approval of the petition absent the left turn out on Piper's Glen Boulevard but including the option for the movement at such time as the homeowners association is established. The developer could design the access so that a left-turn movement out could be incorporated later if the community desired.

MOTION to adopt a resolution approving the request of Petition PDD99-61 for an Official Zoning Map Amendment from AR to PUD, subject to the conditions, and including the left-turn access onto Pipers Glen Boulevard. Motion by Commissioner Marcus.

Commissioner Masilotti asked if the motion included providing access for the Steiner Road property owner through the project's entrance on Military Trail.

AMENDED MOTION to include access for the Steiner Road property owner. The maker agreed. Second to motion by Commissioner Masilotti. Upon call for a vote, the motion FAILED 2-2. Commissioners Aaronson and Masilotti opposed.

MOTION to adopt a resolution approving the request of Petition PDD99-61 for an Official Zoning Map Amendment from AR to PUD, subject to the conditions, and excluding the left-turn exit onto Pipers Glen Boulevard and including access for the Steiner Road property owner. Motion by Commissioner Aaronson and seconded by Commissioner Masilotti.

Commissioner Newell iterated his recommendation for a homeowners association option for a left-turn exit on Pipers Glen Boulevard. Mr. Bentz agreed to Mr. Newell's proposal that the access point be designed so as to allow a possible future left-turn exit.

AMENDED MOTION to include that when the project is 50 percent complete, a count be taken to determine the traffic pattern. If it is found that too many people are making a U-turn, which would be harmful to all residents, the matter shall be brought back for reconsideration by the Board. The maker and seconder agreed.

Engineering Assistant Choban suggested that concurrent with the issuance of the 300th certificate of occupancy, "the Monitoring Section shall notify the Engineering department to complete a left-turn study for the project entrance of Pipers Glen Boulevard for a recommendation as to continued left-turn prohibitions." Commissioner Newell agreed and requested that staff check the accident history of that intersection at the same time. Mr. Choban agreed.

Commissioner Aaronson requested a condition that the developer make a disclosure statement concerning the possible left-turn exit. Mr. Choban said the statement would be included in sales brochures and incentives for purchase.

The Board made their disclosures at this time.

Mr. Choban added that conditions would be included for maintenance of existing landscaping and street lighting within the right-of-way of Pipers Glen Boulevard prohibiting left turns out as well as for access to the nonincluded parcel on Steiner's Road.

UPON CALL FOR A VOTE, the motion carried 3-1. Commissioner Marcus opposed. Commissioners Lee, McCarty, and Roberts absent.

(CLERK'S NOTE: The following condition modifications were included in the final resolution:)

Condition D subhead (not revised):

LANDSCAPING ALONG THE NORTH PROPERTY LINES, THE ~~987~~ 1586 FEET SOUTH PROPERTY LINE AND THE EAST PROPERTY LINES ( ABUTTING PIPERS GLEN BOULEVARD, MILITARY TRAIL AND MOBILE HOMES)

Added Condition E.8:

MAINTENANCE OF EXISTING LANDSCAPING AND STREET LIGHTING WITHIN THE MEDIAN OF PIPERS GLEN BOULEVARD

A. The property owner shall perpetually fund and maintain the existing landscape and street lighting on Piper's Glen Boulevard adjacent to this site.

B. Declaration of Covenants and Restriction Documents evidencing this obligation shall be established or amended as required and shall be approved by the County Engineer and recorded prior to the issuance of a building permit. (BLDG.PERMIT:MONITORING - Eng)

Added Condition E.9:

Prior to the issuance of a building permit the petitioner shall include in the homeowners documents and all sales contracts, as well as all sales brochures, Master Plans and related Site Plans a disclosure statement identifying the restriction of left turn movements leaving the site to turn west onto Piper's Glen Boulevard. Written printed information required above shall appear in bold print. (BUILDING PERMIT:MONITORING - ENGINEERING)

a. The property owner shall submit documentation of compliance with this condition on an annual basis to the Monitoring Section of Planning, Zoning and the Building Department. The next report shall be submitted on or before June 15, 2001and shall continue on an annual basis until all units within the development have been sold or the developer relinquishes control to the homeowners association. (DATE: MONITORING-Eng)

b. Sign locations shall be indicated both on the Master Plan and appropriate Site Plans. (ONGOING - Eng)

Added Condition E.10:

The project's entrance onto Pipers Glen Boulevard shall be signed to prohibit left turns out of the site (westbound left turn movement). This restriction shall remain on the property unless the Board Of County Commissioners removes this restriction in accordance with the condition below. This entrance shall be used by the residents of the PUD only and shall be signed appropriately. (ONGOING)

Added Condition E.11:

Concurrent with the issuance of the 300th Certificate of Occupancy for the site the Monitoring Section shall notify the Engineering Department to complete a left turn study to determine if the left turn restriction for the subject site at Pipers Glen Boulevard shall remain. Upon completion of the left turn lane study the Engineering Department shall provide the findings and recommendation to the Board of County Commissioners for a final determination on the left turn restriction. (CO:MONITORING -Eng)

Added Condition E.12:

The property owner shall provide paved access to the not included out parcel along Steiner Road through this project's entrance onto Military Trail. This access shall be shown on the plat for the subject site. (PLAT:ENGINEERING - Eng)

Added Condition E.13:

The Pipers Glen entrance shall not be used as the construction entrance for the site during the construction of the PUD or the construction of the individual home sites. (ONGOING)

4.B.24.

a. RESOLUTION R-2000-0725

RESOLUTION FOR PETITION Z/CA 2000-001 (SUNSET LAKES) OF JOHN HAWLEY, TRUSTEE (PROPERTY OWNER: H. LOY ANDERSON, JR., TRUSTEE), BY JAMES DROTOS, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RS-SINGLE-FAMILY RESIDENTIAL FOR THE 17.5-ACRE PROPERTY LOCATED ON THE WEST SIDE OF LAWRENCE ROAD APPROXIMATELY 0.5 MILE SOUTH OF GATEWAY BOULEVARD. (P.O.P. 652995 AND 652996) ADOPTED 5-25-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action.

b. RESOLUTION R-2000-0726

RESOLUTION FOR PETITION Z/CA 2000-001 (SUNSET LAKES) OF JOHN HAWLEY, TRUSTEE (PROPERTY OWNER: H. LOY ANDERSON, JR., TRUSTEE), BY JAMES DROTOS, AGENT, FOR A CLASS A CONDITIONAL USE (CA) TO ALLOW A ZERO LOT LINE HOME SUBDIVISION ON THE 17.5-ACRE PROPERTY LOCATED ON THE WEST SIDE OF LAWRENCE ROAD APPROXIMATELY 0.5 MILE SOUTH OF GATEWAY BOULEVARD. (P.O.P. 652995 AND 652996) ADOPTED WITH CONDITIONS AS AMENDED 5-25-2000

Staff Recommendation: Approval of the Class A 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 March 23, 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 residences shall be designed and constructed to be consistent with the facade elevations by Phoenix Architects dated February 2, 2000. (BLDG PERMIT: BLDG - Zoning)

2. The property owner shall install a six (6) foot wooden or vinyl fence along the north and west property lines. (BLDG PERMIT: BLDG - Zoning)

C. 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 dated March 23, 2000 (Rec.# 35, 37, and 53). In addition, the site plan shall also indicate the types of shade trees to be planted internal to the site and along Lawrence Road. (DRC: PLANNING)

D. SCHOOL BOARD

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

NOTICE TO HOME BUYERS/TENANTS

School age children may no 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). (SCHOOL BOARD)

E. ENGINEERING

1. Prior to the 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/ DATE: MONITORING - Eng)

2. Prior to January 1, 2001 or prior to the issuance of a building permit the property owner shall convey a temporary roadway construction easement along Lawrence 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. (DATE/BLDG PERMIT: MONITORING-Eng)

3. Prior to Master Plan approval by the DRC:

a. The petitioner shall submit a preliminary drainage design which outlines the minium retention area for this site required to accommodate the condition above. Included in this design shall be an analysis of stage storage discharge of the site. The final drainage design shall accommodate all drainage inflow onto this site for the three year 24 hour storm. (DRC: ENG)

b. The geometrics and location of the proposed entrance gates shall be approved by the County Engineer. (DRC: ENG)

4. 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 45 dwelling units shall not be issued until construction has begun for Lawrence Road as a 5 lane section from Gateway Boulevard to Hypoluxo Road plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng)

F. COMPLIANCE

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

PUBLIC COMMENT: None

MOTION to approve the request of Petition Z/CA2000-001 for an Official Zoning Map Amendment from AR to RS and adopt a resolution affirming that action. Motion by Commissioner Marcus, seconded by Commissioner Masilotti, and carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

MOTION to approve the request of Petition Z/CA2000-001 for a Class A Conditional Use to allow zero lot line homes and adopt a resolution affirming that action, subject to the conditions. Motion by Commissioner Marcus and seconded by Commissioner Aaronson.

Engineering Assistant Choban said the conditions would include a condition that had been left out from the Zoning Commission, namely drainage for Lawrence Road.

New Condition E.3:

On or before January 15, 2001, the property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Lawrence Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). This condition shall be required provided the size of the lake required to comply with this condition does not exceed 2.4 acres in size or does not result in a reduction in the lot size or number of lots - 50 zero lot line lots. 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)

AMENDED MOTION to include the revised condition. The maker and seconder agreed. Upon call for a vote, the motion carried 4-0. Commissioners Lee, McCarty, and Roberts absent.

5. DIRECTOR COMMENTS

5.A. ZONING DIRECTOR

5.A.25.

MANAGED GROWTH TIER SYSTEM (MGTS) CODE REVISION PROJECT UPDATE. DISCUSSED 5-25-2000

Zoning Director Whiteford said that advertising had been completed for the MGTS Code Revision Project Request for Qualifications (RFQ) and that three responses had been received. He referred the Board to the memorandum table listing the primary consultants (Clarion & Associates, Duncan & Associates, and Keith & Schnars) and sub-consultants. With the Board's permission, he said, staff would schedule the respondents' presentations to the Board. The Board informally agreed.

5.B. PLANNING DIRECTOR - None

5.C. COUNTY ENGINEER - None

6. COMMISSION COMMENTS - None

7. ADJOURNMENT

The Chair declared the meeting adjourned at 10:59 a.m.

ATTESTED: APPROVED:

Clerk Chair

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