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 July 27, 2000, at 9:38 a.m., in the Palm Beach County Governmental Center, West Palm Beach, Florida.

1.A. ROLL CALL

MEMBERS AND OFFICERS PRESENT:

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

1.B.1. PRAYER - Commissioner Roberts

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 July 27, at 9:30 a.m., in the County Commission Chambers, 6th Floor, 301 North Olive Avenue, West Palm Beach, Florida.

1.D. PROOF OF PUBLICATION APPROVED 7-27-2000

MOTION to receive and file Proofs of Publication 681076, 681077, and 926900. Motion by Commissioner Marcus, seconded by Commissioner Roberts, and carried 6-0. Commissioner Masilotti absent.

(CLERK'S NOTE: The following Proofs of Publication were approved for receipt and file in earlier meetings: 652501 [2-24-2000], 665705 and 665706 [6-29-2000], 693538 and 693539 [3-23-2000], and 700422 and 700423 [4-27-2000]. These public hearings were continued to today's meeting.)

1.E. SWEARING-IN - County Attorney

1.F. ADOPTION OF AGENDA

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

1.F.1. AMENDMENTS TO AGENDA

Page Item Petition/Change

5 4.B.8. Petition Z2000-006 - Hahn Property:

Delete Condition E.2.

5 4.B.9. Petition DOA96-812(A) - Villages of Windsor: Delete Conditions M.3, M.4., and M.5.

7 4.C.14. Petition W/Z99-82 - D&P Development: Amend motion by adding "with a Conditional Overlay Zone (COZ)."

9 4.E.22. Petition 86-8(C) - Pinewood Square PCD:

Postpone for 30 days (until August 24, 2000). Requested by applicant.

9 4.E.25. Petition 92-41 - Palm Beach Plaza: Amend motion by changing "2000" to "2001."

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

I.H. UNSCHEDULED ITEMS - None

• POSTPONEMENTS AND WITHDRAWALS - See Pages 2-6.

3. Nothing scheduled.

4. CONSENT AGENDA - See Pages 6-59.

Item Pulled from Consent Agenda:

4.C.14. - See Pages 59-61.

5. REGULAR AGENDA - See Page 62.

6. DIRECTOR COMMENTS

ZONING DIRECTOR COMMENTS - See Page 62.

PLANNING DIRECTOR COMMENTS - None

COUNTY ENGINEER COMMENTS - None

7. COMMISSION COMMENTS - See Page 62.

8. ADJOURNMENT - See Page 62.

*****

2. POSTPONEMENTS AND WITHDRAWALS

2.A. POSTPONEMENTS

2.A.1. PETITION 2000-018

PETITION Z/CA2000-018 OF FIRST ROMANIAN BAPTIST CHURCH OF WEST PALM BEACH, INC., BY BERIL KRUGER, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RT-RESIDENTIAL TRANSITIONAL AND A CLASS A CONDITIONAL USE (CA) TO ALLOW A CHURCH OR PLACE OF WORSHIP ON THE 4.92-ACRE PROPERTY LOCATED APPROXIMATELY 1,700 FEET WEST OF HAVERHILL ROAD ON THE SOUTH SIDE OF MELALEUCA LANE. (P.O.P. 681076 AND 681077) POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

Staff Recommendation: Postponement until August 24, 2000. No motion required (petitioner requested by right).

2.A.2. PETITION 96-62

PETITION Z/DOA96-62(B) OF AMERICAN HERITAGE SCHOOL OF BOCA DELRAY, INC., AND WILLIAM R. LAURIE, BY KIERAN J. KILDAY, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RS-SINGLE-FAMILY RESIDENTIAL AND A DEVELOPMENT ORDER AMENDMENT (DOA) TO ADD LAND AREA, ADD STUDENTS, RECONFIGURE THE SITE PLAN, AND MODIFY/DELETE CONDITIONS OF APPROVAL IN RESOLUTION R-97-1569 FOR 6.59 ACRES OF THE 40.31-ACRE PROPERTY LOCATED APPROXIMATELY 1,300 FEET EAST OF JOG ROAD ON THE SOUTH SIDE OF LINTON BOULEVARD. (P.O.P. 681076, 681077, AND 926900) POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

Staff Recommendation: Postponement until August 24, 2000. (Requested by petitioner at Zoning Commission.)

No backup provided.

2.A.3. PETITION 2000-032

PETITION PDD2000-032 (SUSSMAN AGR-PUD) OF GL HOMES OF FLORIDA CORPORATION II AND GL HOMES OF PALM BEACH ASSOCIATES LTD., BY LAND DESIGN SOUTH, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM AGR-AGRICULTURAL RESERVE TO AGR/D-AGRICULTURAL RESERVE PLANNED UNIT DEVELOPMENT FOR THE FOLLOWING PROPERTY: (A) PARCEL 1, 172.82 ACRES LOCATED APPROXIMATELY 1.5 MILES SOUTH OF ATLANTIC AVENUE ON THE EAST SIDE OF STATE ROAD 7 (U.S. 441); (B) PARCEL 2, 93.47 ACRES LOCATED APPROXIMATELY 2.5 MILES SOUTH OF BOYNTON BEACH BOULEVARD ON THE WEST SIDE OF STATE ROAD 7; AND (C) PARCEL 3, 176.15 ACRES LOCATED APPROXIMATELY 0.5 MILE NORTH OF BOYNTON BEACH BOULEVARD ON THE WEST SIDE OF STATE ROAD 7. (P.O.P. 681076 AND 681077) POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

Staff Recommendation: Postponement until August 24, 2000. (Requested by Zoning Commission.)

No backup provided.

2.A.4. 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 (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 AUGUST 24, 2000 -- 7-27-2000

Staff Recommendation: Postponement until August 24, 2000. (Requested by petitioner. Staff has no objection.)

2.A.5. PETITION 88-33

STATUS REPORT SR88-33E FOR RESOLUTION R-98-1130 FOR PETITION DOA88-33(E) (MURPHY'S TOWING) OF HAROLD MURPHY, PETITIONER AND PROPERTY OWNER. THE 4.08-ACRE PROPERTY IS LOCATED ON THE NORTH SIDE OF SOUTHERN BOULEVARD APPROXIMATELY 330 FEET EAST OF CLEARY ROAD AND IS ZONED IL-LIGHT INDUSTRIAL WITH A SPECIAL EXCEPTION TO DELETE LAND AREA (-8.871 ACRES) AND MODIFY/DELETE CONDITIONS OF RESOLUTION R-97-658. POSTPONED TO OCTOBER 26, 2000 -- 7-27-2000

Staff Recommendation: Postponement until October 26, 2000.

2.B. WITHDRAWALS

2.B.6. 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 DAYCARE 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]) WITHDRAWN 7-27-2000

Staff Recommendation: Withdrawal. No motion required (withdrawn by petitioner).

2.B.7. PETITION 92-59

STATUS REPORT SR92-59.3 FOR RESOLUTION R-93-648 FOR PETITION 92-59 (INDRANIE ENTERPRISES) OF ROBERT L. KOHLER AND NORMA KOHLER, PETITIONERS (PROPERTY OWNER: INDRANIE ENTERPRISES, INC.), FOR THE 1.2-ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 0.5 MILE SOUTH OF NORTHLAKE BOULEVARD. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A CONDITIONAL OVERLAY ZONE (COZ). WITHDRAWN 7-27-2000

Staff Recommendation: Withdrawal. No motion required (withdrawn because of revocation of Resolution R-93-648 [Petition 92-59] by the approval of Petition Z92-59[A]).

(CLERK'S NOTE: Action on the preceding items was taken later. See Page 6.)

Zoning Director William C. Whiteford informed the Board of additional postponement requests, namely, Items 5.C.31. and 5.D.32 (of which he was notified this morning) and Item 4.E.22. (on the Amendments to the Agenda sheet). See Pages 4-5, 5, and 6 respectively.

5.C.31. 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 AVENUE. (P.O.P. 693538 AND 693539 [3-23-2000]) POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

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

Robert A. Bentz, agent, requested a 30-day postponement in order to give his client and development team the opportunity to examine modified conditions arising from use limitations placed on the project by the Zoning Commission and included in the staff report released in the preceding week.

Zoning Director Whiteford said that staff had no objection to the request.

PUBLIC COMMENT: None

MOTION to POSTPONE Petition DOA96-105(A) to August 24, 2000. Motion by Commissioner McCarty, seconded by Commissioner Marcus, and carried 6-0. Commissioner Masilotti absent.

5.D.32. PETITION 89-52

PETITION DOA89-52(B) OF PALM BEACH AGGREGATES, AKA GKK CORPORATION, BY JOE VERDONE, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS IN RESOLUTION R-97-248 FOR THE 3,045-ACRE PROPERTY LOCATED APPROXIMATELY THREE MILES WEST OF SEMINOLE PRATT WHITNEY ROAD ON THE NORTH SIDE OF SOUTHERN BOULEVARD. (P.O.P. 652501 [2-24-2000]) POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

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

Gary Brandenburg, agent, requested a 30-day postponement.

Zoning Director Whiteford said staff had no objection to the request.

PUBLIC COMMENT: None

MOTION to POSTPONE Petition DOA89-52(B) to August 24, 2000. Motion by Commissioner Aaronson, seconded by Commissioner Roberts, and carried 6-0. Commissioner Masilotti absent.

5.B.30. PETITION 85-91

STATUS REPORT SR85-91A.7 FOR RESOLUTION R-89-1438 FOR PETITION 85-91(A) (COMFORT INN) OF OKEECHOBEE MOTEL JOINT VENTURE, PETITIONER (PROPERTY OWNER: WPB INNKEEPERS) FOR THE 2.99-ACRE PROPERTY LOCATED ON THE NORTH SIDE OF OKEECHOBEE BOULEVARD APPROXIMATELY 220 FEET WEST OF WEST DRIVE. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION THAT AMENDED THE SITE PLAN FOR A MOTEL TO INCREASE THE SQUARE FOOTAGE AND DECREASE THE LAND AREA. POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

Staff Recommendation: Approval of a Development Order Amendment to delete the additional square footage approved by the adoption of Resolution R-89-1438 and to amend conditions of approval (drainage and fees) of R-89-1438 and adoption of a resolution affirming that action, subject to conditions.

Timothy Schulz, agent, requested a 30-day postponement to provide the petitioner with additional time for compliance with certain conditions.

Principal Planner Linda Monroe noted that the postponement was not one of right; accordingly, the Board had the authority to deny it. Moreover, this was the last time extension for which the petitioner could apply. Should it be granted, the petitioner would be charged a postponement fee to cover staff time.

Ms. Monroe explained that staff's recommendation had been to revoke approval for the unbuilt portion of the project. The petitioner had said they would try to provide staff with expenditures of normal predevelopment activities that they had made, but such a report had not yet been received. Ms. Monroe said she had no way of knowing whether the petitioner would be able to furnish that report in the next 30 days. In any case, she added, staff had no problem with the postponement.

PUBLIC COMMENT: None

MOTION to POSTPONE Status Report SR85-91A.7 to August 24, 2000. Motion by Commissioner Roberts, seconded by Commissioner Aaronson, and carried 6-0. Commissioner Masilotti absent

4.E.22. PETITION 86-8

STATUS REPORT SR86-8C.8 FOR RESOLUTIONS R-90-838 AND R-90-839 FOR PETITION 86-8(C) (PINEWOOD SQUARE PCD) OF RADNOR/HIGIER PARTNERSHIP #3, PETITIONER (PROPERTY OWNERS: MDN LANTANA, LTD., AND VASTGOED DIM), TO AMEND CONDITIONS OF APPROVAL IN RESOLUTION R-90-839 AND APPROVE A TIME EXTENSION UNTIL MAY 22, 2002, FOR RESOLUTIONS R-90-838 AND R-90-839 FOR THE 4.65-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LANTANA ROAD AND JOG ROAD. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO AMEND THE SITE PLAN FOR AN EXISTING PLANNED COMMERCIAL DEVELOPMENT (PCD) TO INCREASE THE LAND AREA, PERMIT AN AUTOMOBILE SERVICE STATION (TIRE CENTER), AND ADD A FINANCIAL INSTITUTION WITH FIVE DRIVE-UP TELLER WINDOWS. POSTPONED TO AUGUST 24, 2000 -- 7-27-2000

Staff Recommendation: Approval of the time extension and of amended conditions and adoption of a resolution affirming the latter action.

PUBLIC COMMENT: None

MOTION to POSTPONE Items 2.A.1., 2.A.2., 2.A.3., 2.A.4., and 2.A.5. to the dates indicated, WITHDRAW Items 2.B.6. and 2.B.7. and to POSTPONE Item 4.E.22. to August 24, 2000. Motion by Commissioner McCarty, seconded by Commissioner Newell, and carried 6-0. Commissioner Masilotti absent.

(CLERK'S NOTE: There was no Section Number 3 on the Agenda.)

4. CONSENT AGENDA

4.A. REQUESTS TO PULL ITEMS FROM CONSENT

Commissioner McCarty pulled Item 4.C.14. when she made the motion to approve the Consent Agenda. See Pages 59-71.

4.B. PREVIOUSLY POSTPONED ZONING PETITIONS

4.B.8. RESOLUTION R-2000-1082

RESOLUTION FOR PETITION Z2000-006 (HAHN PROPERTY) OF THOMAS HAHN, PETITIONER AND PROPERTY OWNER, BY ROBERT E. BASEHART, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO CG-GENERAL COMMERCIAL WITH A CONDITIONAL OVERLAY ZONE (COZ) FOR THE 2.3-ACRE PROPERTY LOCATED APPROXIMATELY ONE MILE WEST OF MILITARY TRAIL ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE. (P.O.P. 665705 AND 665706 [6-29-2000]) ADOPTED WITH CONDITIONS AS AMENDED 7-27-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and Conditional Overlay Zone and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved conceptual site plan is dated July 5, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

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

2. Prior to final DRC certification of the site plan, the petitioner shall submit architectural elevations to the Architectural Review Section, Zoning Division for review. Development shall be consistent with the approved architectural elevations.

C. BUILDING AND SITE DESIGN

1. Total gross floor area shall be limited to a maximum of 18,400 square feet. Expansion shall be limited to an increase of five percent (5%) of the total square footage or 1,000 square feet , whichever is less subject to approval by Traffic Division or DRC. (DRC: ZONING)

2. The maximum height for all structures, including all air conditioning and mechanical equipment, and satellite dishes shall not exceed twenty-five (25) feet. All heights shall be measured from finished grade to highest point. (BLDG PERMIT: BLDG - Zoning)

D. LANDSCAPING - STANDARD

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

a. Tree height: fourteen (14) feet;

b. Trunk diameter: 3.5 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 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. Credit may be given for existing or relocated trees and native understory provided they meet current ULDC standards pursuant to Section 7.3.E. (CO: LANDSCAPE - Zoning)

E. ENGINEERING

1. The Property owner shall construct a left turn lane east approach on West Atlantic Avenue at the project's entrance road if the entrance to the site is approved by the Florida DOT adjacent to the existing median opening.

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 the Florida Department of Transportation 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)

2. The Developer shall also provide within this project's internal storm water management system an equivalent amount of stormwater runoff for the road drainage of West Atlantic Avenue. The amount of runoff required to be stored onsite shall be based upon the applicable County Water Control District, South Florida Water Management District and Palm Beach County Engineering Requirements. Maximum limits for the equivalent stormwater detention shall be the property frontage plus a maximum 800 feet along the adjacent roadway. (BLDG PERMIT: MONITORING-Eng)

3. CUTOUT LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF WEST ATLANTIC AVENUE

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

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

4. Prior to DRC approval of the site plan:

A) an approved encroachment mitigation plan for the adjacent Lake's of Delray water management tract which exists on this site shall be submitted to the Land Development Division. This plan shall be required to be approved by the County Engineer.

B) a conceptual driveway permit for access onto West Atlantic Avenue outlining the DOT onsite turn lane requirements (DRC APPROVAL: ENG)

F. LANDSCAPING ALONG NORTH PROPERTY LINE (ATLANTIC AVENUE FRONTAGE)

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

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

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

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

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

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

G. LANDSCAPING ALONG SOUTH PROPERTY LINE (ABUTTING RESIDENTIAL)

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

a. a minimum fifteen (15) foot wide landscape buffer strip. No reductions shall be permitted; and

b. a minimum six (6) foot high opaque concrete wall to be installed. This wall shall be measured from the finished grade of the site to the highest point of the wall. The exterior side of the wall shall be given a finished architectural treatment; 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 seventy-two (72) inches on the west property line. (CO: LANDSCAPE)

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

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

b. one (1) palm or pine tree for each thirty (30) linear feet of the property line, with a maximum spacing of sixty (60) 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) inches on the south property line only. (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 on the south property line only. (CO: LANDSCAPE)

H. LANDSCAPING ALONG WEST PROPERTY LINE (ABUTTING RESIDENTIAL/WATER MANAGEMENT TRACT)

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

a. a minimum fifteen (15) foot wide landscape buffer strip. No reductions shall be permitted;

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

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

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

e. 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)

I. LIGHTING

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

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

3. All outdoor lighting shall be extinguished no later than 11:00 p.m., excluding security lighting only. (ONGOING: CODE ENF)

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

J. SIGNS

1. Freestanding point of purchase signs fronting on Atlantic 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. (CO: BLDG)

2. Wall signs shall be limited to the north and east facades of the building. (CO: BLDG)

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

K. USE LIMITATIONS

1. The following uses shall not be permitted on the site:

a. Agricultural sales and service;

b. Cocktail lounge;

c. Monument sales, retail;

d. Storage, agricultural;

e. Adult entertainment;

f. Agricultural stand;

g. Amusements, temporary or special events;

h. Recycling collection station;

i. Recycling drop off bin;

j. Grooms quarters;

k. Heliport or helipad;

l. Packing plant;

m. Parking lot, commercial;

n. Recycling center; and

l. Stable, commercial

j. auto parts. (DRC: ZONING)

2. Retail business activity shall not be allowed on site, including deliveries, prior to 8:00 a.m. nor continue later than 10:00 p.m. daily. Except for holidays, hours may be extended to 11:00 p.m. daily (ONGOING: CODE ENF - Zoning)

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

L. COMPLIANCE

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

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

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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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

4.B.9. RESOLUTION R-2000-1083

RESOLUTION FOR PETITION DOA96-81(A) (VILLAGES OF WINDSOR) OF AN-SCA HOMES, PETITIONER (PROPERTY OWNER: INVERSIONES YAMANIC LIMITADA), 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]) ADOPTED WITH CONDITIONS AS AMENDED 7-27-2000

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

A. ALL PETITIONS

1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R-96-1748 (Petition 96-081), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. (ONGOING: MONITORING-Zoning)

2. Condition A.1 of Resolution R-96-1748, Petition PDD96-081 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 August 30, 1996. 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 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. LANDSCAPING - STANDARD

1. 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

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

d. Credit may be given for existing or relocated trees provided they meet current ULDC requirements. (Previously Condition B.1 of Resolution R-96-1748, Petition PDD96-081) (CO: LANDSCAPE - Zoning)

2. All palms to be planted in the perimeter buffer areas shall be native species and 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.

c. Pruning: minimum six (6) fronds, no clipped or spiked cuts.

d. Credit may be given for existing or relocated palms provided they meet current ULDC requirements. (Previously Condition B.2 of Resolution R-96-1748, Petition PDD96-081) (CO: LANDSCAPE - Zoning)

C. LANDSCAPING ALONG THE NORTH AND SOUTH PROPERTY LINE (ABUTTING HYPOLUXO ROAD)

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

a. A minimum fifty (50) 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 thirty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for twenty-five (25%) percent of the canopy trees in that location;

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

e. 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)

D. LANDSCAPING ALONG THE EAST PROPERTY LINE (ABUTTING FLORIDA TURNPIKE)

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

a. A minimum one hundred (100) foot wide landscape buffer strip or lake area;

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

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

e. 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)

E. ENGINEERING

1. Prior to technical compliance for the first plat of the adjoining parcel, the property owner shall convey a roadway construction easement to Palm Beach County for each project entrances onto either Lyons Road or Hypoluxo Road. These roadway construction easements shall contain an isosceles trapezoid connecting the required corner clips across this property owners road right of way. Construction within this easement shall conform to Palm Beach County Standards. (Previously Condition E.1 of Resolution R-96-1748, Petition PDD96-081) (TC: ENG)

2. The property owner shall fund the construction of:

a. an additional westbound thru lane on Lantana Road at its intersection with Jog Road. This condition shall be deemed as complete if surety is posted by others.

b. an additional left turn lane on Lake Worth Road at its intersection with Lyons Road. (Previously Condition E.2 of Resolution R-96-1748, Petition PDD96-081) (ENG)

3. Prior to April 24, 1997 the developer shall provide Palm Beach Engineering Department acceptable surety for Condition E2 above and shall include all costs associated with the design, right of way acquisition, construction, and construction administration. This surety shall be in the form of an irrevocable Performance Security, acceptable to the County Attorney. The County Engineer 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. All canal crossings within the project limits shall be constructed to their ultimate configuration. This shall also include any right of way required for this construction. (Previously Condition E.3 of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - Eng) Note: COMPLETE

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 58 dwelling units shall not be issued until construction has begun for State Road 7 as a 6 lane section from Lake Worth Road to Boynton Beach Boulevard plus the appropriate paved tapers. (Previously Condition E.4.a of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT: MONITORING - Eng)

b. Building Permits for more than 58 dwelling units shall not be issued until construction has begun for Lantana Road bridge widening over the E-1 Canal as a 7-lane bridge plus the appropriate paved tapers. (Previously Condition E.4.b of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT: MONITORING - Eng)

c. Building Permits for more than 356 dwelling units shall not be issued until construction has begun for Lantana Road as a 4 lane facility from Lyons Road to Jog Road. (Previously Condition E.4.c of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT: MONITORING - Eng)

d. Building Permits for more than 600 Single-family and 248 Multi-family units shall not be issued until the construction has begun of a third westbound thru lane on Lantana Road at Jog Road. (Previously Condition E.4.d of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT: MONITORING - Eng)

e. Building Permits for more than 600 Single-family and 281 Multi-family units shall not be issued until the construction has begun for an additional left turn lane east approach on Lake Worth Road at Lyons Road (dual left turn lanes). (Previously Condition E.4.e of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT: MONITORING - Eng)

The mix of allowable uses as shown on the Master Plan may be adjusted by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. (Previously Condition E.4 of Resolution R-96-1748, Petition PDD96-081) (ONGOING: ENG)

5. Prior to April 23, 1998 or prior to 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:

a. Hypoluxo Road, a total of 110 feet, on an alignment approved by the County Engineer, from State Road 7 to the Florida Turnpike.

Note: COMPLETE

b. Right of way for the Hypoluxo Road Bridge over the Florida Turnpike including ramp slopes, shall be dedicated as required by the County Engineer; Note: COMPLETE

c. An expanded intersection at Lyons Road and Hypoluxo Road; Note: COMPLETE

d. Lyons Road, a total of 110 feet of right of way, from the north property line to the south property line. Note: 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 to include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (Previously Condition E.5 of Resolution R-96-1748, Petition PDD96-081) (DATE / BLDG PERMIT: MONITORING - Eng)

6. LANDSCAPE WITHIN MEDIAN

a. Prior to January 1, 2000, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape all adjacent median(s) of all abutting rights-of-way. When permitted by Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards 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 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. (Previously Condition E.6.a of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - Eng)

b. All required median landscaping, including an irrigation system if required shall be installed at the property owners expense. All 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 May 1, 2000. (Previously Condition E.6.b of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - Eng)

c. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to January 1, 2000. (Previously Condition E.6.c of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - Eng)

7. Prior to the recording of the plat for POD's D, E, F and G, 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: Hypoluxo Road and the projects entrance road to POD's D, E, F and G.

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. (Previously Condition E.7 of Resolution R-96-1748, Petition PDD96-081) (PLAT: ENG)

8. On or before April 14, 1998, 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 and Lyons Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (Previously Condition E.8 of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - Eng) Note: COMPLETE

9. The Property Owner shall construct the following turn lanes concurrent with the construction of the projects entrance roads:

a. Left turn lane on Hypoluxo Road at the project's entrance road to POD A and for POD D, E, F, and G.

b. Left turn lane on Hypoluxo Road at the project's entrance road to POD C and for POD B. (Previously Condition E.9 of Resolution R-96-1748, Petition PDD96-081) (TC: ENG)

10. Prior to the issuance of the building permit for the 400th unit, the Property Owner shall construct Lyons Road from Hypoluxo Road to the south right of way line of the LWDD L-19 Canal, including a 3 lane structure over the LWDD L-19 Canal. This construction shall be as a 2 lane section in accordance with approved construction plans by the Office of the County Engineer. This shall also include a left turn lane on the south approach at it's intersection with Hypoluxo Road. (Previously Condition E.10 of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT: MONITORING - Eng)

11. Condition E.11 of Resolution R-96-1748, Petition PDD96-081 which currently states:

The Property Owner shall construct Hypoluxo Road from Lyons Road to the entrance to POD D, E, F, and G. This construction shall be as a 2 lane section in accordance with approved construction plans by the Office of the County Engineer. This construction may be phased by the property owner as approved by the County Engineer. This shall also include a left and right turn lane on the east approach at it's intersection with Lyons Road.

Is hereby amended to state:

The Property Owner shall construct Hypoluxo Road from Lyons Road to the entrance to POD D, E, F, and G. This construction shall be as a 2 lane section including bike paths and or sidewalks in accordance with approved construction plans by the Office of the County Engineer. This construction may be phased by the property owner as approved by the County Engineer. This shall also include a left and right turn lane on the east approach at it's intersection with Lyons Road.(TC: ENG)

12. The Property Owner shall fund the construction of Hypoluxo Road from the entrance to POD D, E, F, and G to the project's east property line. Funding shall be based upon the construction of this road as a 2 lane section in accordance a cost estimate provided by the Developers Engineer and approved by the County Engineer. Funding for this construction shall be completed prior to 90 days notice by the County Engineer that this road is required for paved continuity or prior to recordation of the last plat for this PUD whichever shall fist occur. Funding shall also include a left turn lane east approach into POD C and a right turn lane on the east approach into POD D, E, F, and G. (Previously Condition E.12 of Resolution R-96-1748, Petition PDD96-081) (TC: ENG)

13. Concurrent with the first plat, the construction of the following thoroughfare roadways shall be constructed:

a. Lyons Road from Hypoluxo Road to the present paved terminus south of Lantana Road, and;

b. Hypoluxo Road from SR 7 to Lyons Road. (Previously Condition E.13 of Resolution R-96-1748, Petition PDD96-081) (PLAT: ENG)

14. No vehicular traffic connection shall be allowed between the Sherbrooke Estates Planned Unit Development and the Villages of Windsor PUD, but for the publicly dedicated Lyons Road. (Previously Condition E.14 of Resolution R-96-1748, Petition PDD96-081) (ONGOING: ENG)

15. The Property Owner shall fund a pro rata share of the cost of signalization warranted as determined by the County Engineer at Hypoluxo Road and POD A. Should signalization not be warranted after 12 months of the final Certificate of Occupancy this property owner shall be relieved from this condition. (Previously Condition E.15 of Resolution R-96-1748, Petition PDD96-081) (ONGOING: ENG - Bldg)

16. The Property Owner shall receive credit for the Traffic Impact Fees as provided for in the Fair Share Road Impact Fee Ordinance. (Previously Condition E.16 of Resolution R-96-1748, Petition PDD96-081) (ONGOING: IMPACT FEE COORD)

17. Building permits for more than 100 units shall not be issued until an access easement acceptable to the Country Engineer is recorded. Access to the Not Included Tree Farm (5 acre parcel) on the west side of the Florida Turnpike 600 feet north of Hypoluxo Road shall be provided in accordance with the Country Engineers' approval. (BLDG PERMIT: MONITORING- Eng)

18. Prior to final DRC approval the Preliminary Development Plan shall be amended to provide for an adequate turnaround and roadway geometrics for the proposed entrance gates entering the individual POD's subject to the County Engineers Approval. (DRC APPROVAL: ENG)

19. The property owner shall convey one (1) fifty (50) foot right-of-way access to the property owner on the south side of Hypoluxo Road, approximately six hundred (600) feet east of Lyons Road, identified as the Not Included agricultural parcel (00-42-43-27-05-042-0440). Location of the right-of-way access shall be approved by the County Engineer. The right-of-way shall be dedicated prior to DRC certification of the master plan. (DRC: ENG)

F. Condition C.1 of Resolution R-96-1748, Petition PDD96-081 which currently states:

LANDSCAPING ALONG US 441/SR 7 FRONTAGE AND FLORIDA TURNPIKE FRONTAGE (SOUTH SIDE OF HYPOLUXO ROAD EXTENSION)

1. Landscaping and buffering along the US 441/SR 7 frontage and the Florida Turnpike frontage south of the Hypoluxo Road extension shall consist of the following:

a. A minimum thirty (30) foot wide landscape buffer strip;

b. A continuous three (3) foot berm;

c. One (1) tree per three hundred (300) foot buffer area;

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

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. (Previously) (DRC/CO: ZONING/LANDSCAPE)

Is hereby amended to state:

LANDSCAPING ALONG THE WEST PROPERTY LINE (ABUTTING SR7/US441)

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

a. A minimum thirty (30) 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 thirty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for twenty-five (25%) percent of the canopy trees in that location;

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

e. 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)

G. LANDSCAPING ALONG THE EAST AND WEST PROPERTY LINE (ABUTTING LYONS ROAD)

1. Landscaping and buffering along the east and west property line of the PUD including the civic area shall be upgraded to include:

a. A minimum thirty (30) 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 thirty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement for twenty-five (25%) percent of the canopy trees in that location;

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

e. 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)

H. LANDSCAPING ALONG WEST AND NORTH PROPERTY LINES WITHIN TWO HUNDRED (200) FEET OF SHERBROOKE ESTATES PUD ONE ACRE LOTS

1. In addition to the Type C fifteen foot buffer proposed along the west and north property lines adjacent to Sherbrooke Estates PUD one acre lots, the petitioner shall provide an upgraded buffer for Pods B, D and G. The upgraded buffer shall be provided wherever the proposed Pod's boundary is within two hundred (200) feet of existing one acre lots. The upgraded buffer shall consist of the following;

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

b. a group of three (3) palms shall not be substituted for a perimeter canopy tree. (Previously Condition D.1 of Resolution R-96-1748, Petition PDD96-081) (CO: LANDSCAPE - Zoning)

I. MASS TRANSIT

1. Prior to final certification of the master plan or site plan by the Development Review Committee, whichever occurs first, the petitioner shall amend the plan to indicate 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 or Palm Tran. (Previously Condition F.1.a of Resolution R-96-1748, Petition PDD96-081) (DRC: ZONING)

2. The Petitioner shall dedicate additional right-of-way to accommodate the requirement for mass transit access and/or bus stops, if requested by the County Engineer. The Petitioner shall construct the paved portion of these mass transit stops concurrent with the construction of the adjacent roadway. Concurrent with platting the adjacent residential pod, the Petitioner shall construct the mass transit shelters and other improvements as follows. Mass transit access shall include at a minimum: a covered shelter, continuous paved pedestrian and bicycle access from the adjacent residential pod or use to the shelter, and a bicycle rack. (Previously Condition F.1.b of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - Eng)

J. PLANNED UNIT DEVELOPMENT

1. Condition G.1 of Resolution R-96-1748, Petition PDD96-081 which currently states:

If Pod B is developed as multi family attached units, the proposed building setbacks shall be a minimum of 200 feet from the platted boundary of Sherbrooke Estates PUD. (DRC: BLDG - Zoning)

Is hereby deleted. REASON: [Multifamily units are no longer requested]

2. Condition G.2 of Resolution R-96-1748, Petition PDD96-081 which currently states:

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

Is hereby amended to read:

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

3. Condition G.3 of Resolution R-96-1748, Petition PDD96-081 which currently states:

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

Is hereby amended to read:

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

4. Condition G.4 of Resolution R-96-1748, Petition PDD96-081 which currently states:

Street bike lanes shall be provided in or adjacent to all rights-of-way over fifty (50) feet in width, pursuant to Section 6.8.A.23.d(4) of the ULDC, subject to approval by the County Engineer.

Is hereby amended to read:

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

5. Condition G.5 of Resolution R-96-1748, Petition PDD96-081 which currently states:

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

Is hereby amended to read:

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

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

The property shall not be subjected to the Declaration of Restrictions in phases. Approval of the Declaration must be obtained from the County Attorney's office prior to the issuance of the first building permit, or recordation of the first plat for any portion of the planned development, whichever occurs first. (Previously Condition G.6 of Resolution R-96-1748, Petition PDD96-081) (BLDG PERMIT / PLAT: MONITORING / ENG - Co Att)

7. A focal point shall be provided at the terminus of the main entry and at the terminus of each residential street, including T-intersections, or cul-de-sac as shown on the Focal Point Plan dated April 4, 2000 . The focal points shall be in the form of a plaza, fountain, arcade, pavers, or any other site element or architectural design acceptable to the Zoning Division. (DRC: ZONING)

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

9. 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:

10. No rear, side interior or side street setback reductions may be permitted. Rear setback reductions for residential units adjacent to open space are permitted subject to Section 6.5. of the ULDC. (DRC: ZONING)

11. Street trees shall be installed, as approved by the County Engineer, as follows:

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

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

c. One (1) canopy tree for every forty (40) linear feet of street frontage with a maximum spacing of sixty (60) feet between clusters. (DRC: ZONING - ENG)

K. PLANNING

1. Prior to final site plan approval by the Development Review Committee (DRC), the preliminary development plan shall show pedestrian cross access to the Town Commons LSMU site, as depicted on the Preliminary Development Plan dated February 24, 2000. (DRC: PLANNING)

2. Prior to final site plan approval by the Development Review Committee (DRC), the preliminary development plan shall show sidewalks along Hypoluxo and Lyons Roads as depicted on the Preliminary Development Plan dated February 24, 2000. (DRC: PLANNING)

L. PREM

1. Condition H.1 of Resolution R-96-1748, Petition PDD96-081 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 location 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 to the north, the approved Lyons Road Right-of-Way to the west and the LWDD L-19 Canal to the south. Hypoluxo Road frontage shall be provided but the site shall not be located along the Florida Turnpike. The total civic site acreage includes: 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 the Villages of Windsor PUD (11.63 acres). 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 PUD, as it would apply to the civic site. If the civic site is used for private purposes, the Declaration of Covenants of the PUD 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.

Is hereby amended to read:

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

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

- 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

- No later than January 1, 2002.

A 33.63 acres � 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 and Recreation Department and the petitioner to be located in an area bounded by the Florida Turnpike on the east, he 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 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.

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 PUD, 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 PUD 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)

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 FAC. 21HH.6.

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

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

Survey is also subject to the County's approval of any proposed or existing easements within the proposed civic site. (Previously Condition H.2 of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - PREM) [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:

1) EPA's National Priorities list (NPL)

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

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

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. (Previously Condition H.3 of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - PREM) [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). (Previously Condition H.4 of Resolution R-96-1748, Petition PDD96-081) (DATE: MONITORING - PREM) NOTE: Condition has been satisfied.

M. WATER UTILITIES

1. The Property Owner shall be required to design and construct the following oversized potable water mains and wastewater force mains (including all related appurtenances) as approved by the Palm Beach County Water Utilities Department.

- POTABLE WATER MAIN 1: Prior to the first Certificate of Occupancy, provide a 16 inch potable water main stub-out near the southwest corner of the P.U.D. For the purpose of determining oversizing credits/reimbursement, the Development required main size shall be 12 inch.

- POTABLE WATER MAIN 2: Prior to the first Certificate of Occupancy, construct approximately 4200 linear feet of 24 inch potable water main along future Hypoluxo Road, west of Lyons Road, up to the intersection of Hypoluxo Road and Lyons Road. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 12 inch.

- POTABLE WATER MAIN 3: Prior to the first Certificate of Occupancy in the Pods east of Lyons Road, construct approximately 5500 linear feet of 24 inch potable water main along future Hypoluxo Road from Lyons Road to the west right-of-way of the Turnpike. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 16 inch.

- POTABLE WATER MAIN 4: Prior to the first Certificate of Occupancy in the Pods east of Lyons Road, construct approximately 700 linear feet of 18 inch potable water main along future Hypoluxo Road from the west right-of-way of the Turnpike to the existing potable water main located approximately 350 feet east of the Turnpike, including jack and bore of the Turnpike an related canal crossing. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 16 inch.

- POTABLE WATER MAIN 5: Prior to the first Certificate of Occupancy in the Pods east of Lyons Road, construct approximately 1450 linear feet of 42 inch potable water main along the PUD's frontage along future Lyons Road. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 12 inch.

- FORCE MAIN 1: Prior to first Certificate of Occupancy in the PUD, provide a 12 inch force main stub-out near the southwest corner of the PUD and State Road 7. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 6 inch.

- FORCE MAIN 2: Prior to first Certificate of Occupancy in the PUD, construct approximately 4200 linear feet of 12 inch wastewater force main along future Hypoluxo Road. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 10 inch.

- FORCE MAIN 3: Prior to first Certificate of Occupancy in the PUD, construct approximately 750 linear feet of 12 inch wastewater force main along the future Lyons Road from Hypoluxo Road to the south boundary of the PUD. For the purpose of determining oversizing credits/reimbursements, the Development required main size shall be 6 inch.

2. Pipeline oversizing credit/reimbursement calculations and payment terms shall be per the Water Utilities Department Uniform Policies and Procedures Manual (UPAP). The warranty for the conditionally accepted facilities shall not start until all punch list items are corrected and permanent service is activated.

3. Prior to the first certificate of occupancy the developer shall extend a twelve (12) inch force main from Hypoluxo Road to the south property line on Lyons Road. (CO: WATER UTILITIES)

4. Prior to the first certificate of occupancy the developer shall extend a twenty (20) inch water main along Hypoluxo Road from SR 7/US 441 to Lyons Road. (CO: WATER UTILITIES)

5. The developer shall pay for the complete design and construction costs of any relocations/modifications to the County's existing water and wastewater pipelines that are required directly or indirectly as a result of the development (ONGOING: WATER UTILITIES)

N. COMPLIANCE

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

2. Condition I.1 of Resolution R-96-1748, Petition PDD96-081 which currently states:

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.

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.

Is hereby amended to read:

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

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

b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order 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)

4.C. ZONING PETITIONS

4.C.10. RESOLUTION R-2000-1084

RESOLUTION FOR PETITION Z2000-029 (BROCK REZONING) OF PALMWOOD ASSOCIATION LLC, PETITIONER (PROPERTY OWNERS: ERIC B. HOARD AND ERIC B. HOARD, JR.), BY LUCIENNE GAUFILLET, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RT-RESIDENTIAL TRANSITIONAL FOR THE 4.5-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE NORTH OF FREDERICK SMALL ROAD ON THE EAST AND WEST SIDES OF PALMWOOD ROAD. (P.O.P. 681076 AND 681077) ADOPTED WITH VOLUNTARY COMMITMENTS 7-27-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action, subject to the following voluntary commitments:

A. HEALTH

1. The property located at 15234 Palmwood Road shall connect to potable water and sanitary sewer prior to issuance of a building permit. (HEALTH: BLDG/HEALTH)

B. UNITS

1. The 4.49 acre site shall be limited to a maximum of 4 single family residential units except for accessory apartments subject to Section 6.4.D. of the ULDC. (DRC: Zoning - Bldg Permit)

C. No Voluntary Commitments for C.& D.

E. ENGINEERING

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

F. COMPLIANCE

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

4.C.11. RESOLUTION R-2000-1085

RESOLUTION FOR PETITION Z2000-026 (DONALD ROSS PALMWOOD) OF NEIL J. GAETA AND ARLINE R. TREZZA, PETITIONERS AND PROPERTY OWNERS, BY NEIL J. GAETA, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL AND RS-SINGLE-FAMILY RESIDENTIAL TO RTS-RESIDENTIAL TRANSITIONAL SUBURBAN FOR THE 13.99-ACRE PROPERTY LOCATED APPROXIMATELY 0.25 MILE WEST AND NORTH OF THE INTERSECTION OF PALMWOOD ROAD AND DONALD ROSS ROAD. (P.O.P. 681076 AND 681077) ADOPTED WITH VOLUNTARY COMMITMENTS 7-27-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action, subject to the following voluntary commitments:

A. ANNEXATION

1. Prior to CO for the first residential unit, the property owner shall execute an agreement for voluntary annexation into the Town of Jupiter. Annexation shall occur at the discretion of the Town of Jupiter. (CO: BLDG PERMIT: PLANNING)

B. SITE DESIGN

1. The 13.99 acre site shall be limited to a maximum of 21 single family residential units subject to Section 6.4.D. of the ULDC. (DRC: Zoning - Bldg Permit)

2. Prior to final DRC approval of the site plan, the two entrance roads shall be redesigned to provide for an adequate turnaround for vehicles before the entry gates. (DRC: ZONING)

C. No Voluntary Commitments for C. or D.

E. ENGINEERING

1. Prior to September 1, 2001 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. Donald Ross Road, 60 feet from centerline;

b. Prosperity Farms Road Extension, 55 feet from centerline;

c. Sufficient Right -of-Way to provide for an expanded intersection on both Donald Ross Road and Prosperity Farms Road Extension on an alignment approved by the County Engineer.

The property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (DATE/ BLDG PERMIT: MONITORING-Eng)

2. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along both Donald Ross Road and Prosperity Farms Road Extension 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. Prior to the issuance of a building permit the developer shall plat the developer shall plat the subject property in accordance with provisions of Article 8 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng)

F. 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)

4.C.12. RESOLUTION R-2000-1086

RESOLUTION FOR PETITION Z99-5(A) (PALM BEACH COUNTY NURSING HOME) OF PALM BEACH COUNTY HEALTH CARE DISTRICT, PETITIONER AND PROPERTY OWNER, BY ANNA S. COTTRELL, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM MUPD-MULTIPLE USE PLANNED DEVELOPMENT TO IPF-INSTITUTIONAL AND PUBLIC FACILITIES FOR THE 13.6-ACRE PROPERTY LOCATED APPROXIMATELY 700 FEET EAST OF CONGRESS AVENUE ON THE NORTH SIDE OF 10TH AVENUE NORTH. (AMENDS R-99-702 [WHICH AMENDED R-81-1614, R-81-1615, R-89-952, AND R-94-1674]) (P.O.P. 681076 AND 681077) ADOPTED WITH CONDITIONS 7-27-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action, subject to conditions. The conditions are contained in Zoning Commission Resolution ZR-2000-011. (See Item 4.D.17., Page 55.)

4.C.13. RESOLUTION R-2000-1087

RESOLUTION FOR PETITION DOA84-76(F) OF WELLINGTON REGIONAL MEDICAL CENTER, PETITIONER AND PROPERTY OWNER, BY ANNA S. COTTRELL, AGENT, FOR A DEVELOPMENT ORDER AMENDMENT (DOA) TO MODIFY/DELETE CONDITIONS AND ADD SQUARE FOOTAGE FOR THE 25.195-ACRE PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOREST HILL BOULEVARD AND STATE ROAD 7 (U.S. 441). (AMENDS R-98-2037 [WHICH AMENDED R-84-1304, R-86-629, AND R-91-239]) (P.O.P. 681076 AND 681077) ADOPTED WITH CONDITIONS 7-27-2000

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

A. ALL PETITIONS

1. Previous Condition A.1 of Resolution 98-2037, Petition 84-76(E) which currently states:

All previous conditions of approval applicable to the subject property, as contained in Resolutions R-84-1304 (Petition 84-76), R-86-629 (Petition 8476B), R-91-239 (Petition 84-76C), 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)

Is hereby amended to read:

All previous conditions of approval applicable to the subject property, as contained in Resolution R-98-2037 (Petition 84-76E) 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. Previous Condition A.2 of Resolution 98-2037, Petition 84-76(E) 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 October 1, 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. (ONGOING: ZONING)

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

3. Approval of this Special Exception and the accompanying site plan shall not constitute approval of the expansion of the Wellington Hospital Medical Center that is indicated on the site plan. (Previous Condition A.3 of Resolution 98-2037, Petition 84-76(E))

4. The developer shall relocate and/or preserve existing significant vegetation into the project design. Appropriate measures shall also be taken to protect and individual trees and/or preservation areas during site clearing and construction. (Previous Condition A.4 of Resolution 98-2037, Petition 84-76(E))

5. Condition 12 of Resolution 84-1304, Petition 84-76 and Condition 4 of Resolution 86-629, Petition 84-76 (B) which currently states:

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

Is hereby deleted. Reason: [Code requirements].

6. Reasonable measures shall be employed during site development to insure that no pollutants from this property shall enter adjacent or nearby surface waters. (ONGOING: ZONING) (Previous Condition A.6 of Resolution 98-2037, Petition 84-076(E)).

B. BUILDING AND SITE DESIGN

1. Previous Condition B.1 of Resolution 98-2037, Petition 84-76(E) which currently states:

Total gross floor area shall be limited to a maximum of 256,421square feet. Expansion shall be limited to five percent (5%) or 1,000 square feet, whichever is less provided parking requirements are met pursuant to Section 7.2.B of the ULDC. (DRC: ZONING)

Is hereby amended to read:

Total gross floor area shall be limited to a maximum of 270,741 square feet. Expansion shall be limited to five percent (5%) or 1,000 square feet, whichever is less subject to approval by Traffic Division or DRC. (DRC: ZONING)

2. Condition B.1 of Resolution 98-2037, Petition 84-76(E) which currently states:

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

Is hereby amended to read:

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

3. All proposed buildings and structures shall be designed and constructed to be compatible with the general architectural character of the existing medical buildings. (BLDG PERMIT: BLDG-Zoning) (Previous Condition B.3 of Resolution 98-2037, Petition 84-76(E))

C. LANDSCAPING - STANDARD (THIS CONDITION IS APPLICABLE TO THE NORTHERN PORTION- 4.54 ACRE SITE ONLY)

1. Condition F.1 of Resolution 98-2037, Petition 84-076E which currently states:

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

a. Tree height: fourteen (14) feet;

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

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

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 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; and,

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

2. Condition F.2 of Resolution 98-2037, Petition 84-076E which currently states:

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)

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

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

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

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

3. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location. (CO: LANDSCAPE - Zoning) (Previous Condition F.3 of Resolution 98-2037, Petition 84-076E)

D. LANDSCAPING - INTERIOR (THIS CONDITION IS APPLICABLE TO THE NORTHERN PORTION- 4.54 ACRE SITE ONLY)

1. One landscape island shall be provided for every twelve (12) parking spaces. The maximum spacing between landscape islands shall not exceed one hundred and twenty (120) linear feet. (DRC: ZONING) (Previous Condition G.1 of Resolution 98-2037, Petition 84-076E)

2. 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. (DRC / CO: ZONING / LANDSCAPE) (Previous Condition G.2 of Resolution 98-2037, Petition 84-076E)

E. ENGINEERING

1. Condition 3 of Resolution 84-1304, Petition 84-76 was deleted by condition E.1 of Resolution R-98-2037, Petition 84-076(E))

2. The petitioner shall convey the ultimate right of way within ninety (90) days of Special Exception approval for the following:

a. U.S.441 (S.R.7), 240 feet west of the west right of way line of the E-1 Canal.

b. Forest Hill Boulevard, sixty (60) feet from centerline.

All conveyances must be accepted by Palm Beach County prior to the issuance of a Building permit. (Previous Condition E.2 of Resolution 98-2037, Petition 84-76(E)) [Is Completed]

3. The petitioner shall convey the ultimate right of way as required by the "Special Intersections" within ninety (90) days of Special Exception approval:

a. S.R.7, 275 feet west of the west right of way line of the L.W.D.D. E-1 Canal.

b. Forest Hill Boulevard, 64 feet from centerline.

All conveyances must be accepted by Palm Beach County prior to the issuance of a Building permit. (Previous Condition E.3 of Resolution 98-2037, Petition 84-76(E)) [Is Completed]

4. The Petitioner shall provide the construction plans for an additional three-lane bridge over the L.W.D.D. E-1 Canal, per the County Engineer's approval. These plans shall contain, but not be limited to sidewalks. In addition, construction plans shall be submitted for the following turn lanes at the intersection of S.R. 7 and Forest Hill Boulevard:

a. Dual Left turn lane, north approach

b. Dual Left turn lane, south approach

c. Dual Left turn lane, east approach

d. Dual Left turn lane, west approach

e. Right turn lane, north approach

f. Right turn lane, south approach

g. Right turn lane, west approach

These plans shall be completed within twelve (12) months of Special Exception approval, or prior to the issuance of a Certificate of Occupancy, whichever shall first occur. (Previous Condition E.4 of Resolution 98-2037, Petition 84-76(E)) [Is Completed]

5. The petitioner shall contribute the sum of $750,000.00 toward the construction of an ultimate 9 lane structure over the L.W.D.D. E-1 Canal on Forest Hill Boulevard, per the County Engineer's approval. This construction shall also include turn lanes at the intersection of S.R. 7 and Forest Hill Boulevard, as required in the previous condition as outlined below:

a. Dual Left turn lane, north approach

b. Dual Left turn lane, south approach

c. Dual Left turn lane, east approach

d. Dual Left turn lane, west approach

e. Right turn lane, north approach

f. Right turn lane, south approach

g. Right turn lane, west approach

h. Right turn lane, east approach

i. Three (3) thru lanes on the north, south, east and west approaches.

j. Sidewalks and/or bike paths as required by the County Engineer and Florida Department of Transportation on both the bridge structure and 4 laning of Forest Hill Boulevard and S.R. 7.

k. Signalization upgrading as required by the County Engineer.

The Petitioner shall post surety in the amount of $750,000.00 in the form of a clean, irrevocable Letter of Credit on or before thirty (30) days of the effective date of the Resolution of Approval by the Board of County Commissioners. Palm Beach County reserve the option to require the petitioner to redesign the presently approved bridge/intersection plans to reflect the aforementioned lane requirements. Costs of these plans shall be deducted from the sum contributed by the petitioner as stated above." (Previous Condition E.5 of Resolution 98-2037, Petition 84-76(E)) [Is Completed]

6. Palm Beach County shall construct from developer's contribution in condition No. 7 at the project's south entrance on State Road 7:

1. Left turn lane, south approach

2. Right turn lane, north approach

3. Left turn lane, west approach

4. Right turn lane, west approach

5. With 3 and 4 being constructed from S.R. 7 edge of pavement to the west right-of-way line.

6. Petitioner shall construct at petitioner's sole expense:

Signalization, when warranted, as determined by the County Engineer. (Previous Condition E.6 of Resolution 98-2037, Petition 84-76(E), Condition E.6.1 to E.6.5 are completed. Condition E.6.6 is deleted. [Reason : Signal spacings do not meet DOT requirements.].

6.A The developer shall construct at the project's north entrance onto

S.R. 7:

1. Left turn lane, south approach [Completed]

2. Right turn lane, north approach [Completed]

3. Left turn lane, west approach [Completed]

4. Right turn lane, west approach [Completed]

5. Signalization when warranted as determined by the County Engineer. (Previous Condition E.6 of Resolution 98-2037, Petition 84-76(E)

7. The developer shall construct at the project's entrance and Forest Hill Boulevard:

a. Left turn lane, west approach [Completed]

b. Left turn lane, north approach [Completed]

c. Right turn lane, north approach [Completed]

d. Signalization when warranted as determined by the County Engineer. (Previous Condition E.7 of Resolution 98-2037, Petition 84-76(E))

8. Design of the road drainage for S.R. 7 and Forest Hill Boulevard shall accommodate the runoff from the roads adjacent to this property and shall be subject to all governmental and agency requirements. (Previous Condition E.8 of Resolution 98-2037, Petition 84-76(E))

9. Petitioner's contribution of $750,000.00 provided for in Condition No. 7 and the construction plans provided for in Condition No. 6 shall be credited toward the existing Fair Share Impact Fee. If the Fair Share Contribution for Road Improvements Ordinance is amended to increase the fair share fee, the amount shall be credited towards the increased fair share fee." (Previous Condition E.9 of Resolution 98-2037, Petition 84-76(E))

10. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Forest Hill Boulevard to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance.(BLDG PERMIT:MONITORING-Eng) (Previous Condition E.10 of Resolution 98-2037, Petition 84-76(E))

11. Condition E.11 of Resolution 98-2037, Petition 84-76(E)) which currently states:

LANDSCAPE WITHIN MEDIAN OF STATE ROADS

A. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of SR 7 Road Right-of-Ways. 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 with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT:MONITORING-Eng)

B. All required median landscaping, including an irrigation system if required, shall be installed at the property owners expense. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to the issuance of a Certificate of Occupancy. If however, the SR 7 construction adjacent to the site has not been completed prior to the request for a Certificate Of Occupancy, this property owner may post acceptable surety to the Office of the County Engineer for the Landscape Installation. All landscape plantings shall then be completed prior to 4 months of the completion of SR 7 road widening. (ENGINEERING)

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

Is hereby amended to read:

LANDSCAPE WITHIN MEDIAN OF STATE ROAD 7

A. Prior to issuance of a building permit, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of SR 7 road right-of-way. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. When landscaping is permitted by the Florida Department of Transportation, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department latest revision to the Streetscape Standards. The property owner shall also be responsible for supplementing any existing landscape material previously planted in this median and all new landscape material shall be consistent with the landscaping theme adopted for this roadway. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT:MONITORING - Eng)

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

C. If the County does not assume maintenance responsibility, 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)

12. CUTOUT LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF S.R. 7

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

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

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

13. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF FOREST HILL BOULEVARD

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

(BLDG PERMIT:MONITORING - Eng.)

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 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)

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)

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

a) No additional Building Permits should be issued until construction has begun for the 6 lane widening of Forest Hill Blvd. from South Shore Blvd. to S.R. 7 plus the appropriate paved tapers. (BLDG PERMIT: MONITORING-Eng) Note: Construction has begun - Condition is completed.

F. LANDSCAPING ALONG THE 565 FEET NORTH PROPERTY LINE AND THE 360 FEET WEST PROPERTY LINES (ABUTTING RESIDENTIAL) (THIS CONDITION IS APPLICABLE TO THE NORTHERN PORTION- 4.54 ACRE SITE ONLY)

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

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

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

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

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

e. Thirty six (36) inch high shrub or hedge material, spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of seventy two (72)inches. (CO: LANDSCAPE) (Previous Condition H.1 of Resolution 98-2037, Petition 84-076E)

G. LANDSCAPING ALONG THE 360 FEET EAST PROPERTY LINE (ABUTTING SR7/US441) (THIS CONDITION IS APPLICABLE TO THE NORTHERN PORTION- 4.54 ACRE SITE ONLY)

1. Landscaping and buffering along the above property line shall be upgraded to 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 thirty (30) feet on center;

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

e. Twenty four (24) inch high shrub or hedge material installed on the plateau of the berm, 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 I.1 of Resolution 98-2037, Petition 84-076E)

H. 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 J.1 of Resolution 98-2037, Petition 84-076E)

2. Condition J.2 of Resolution 98-2037, Petition 84-076E which currently states:

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

Is hereby amended to read:

All outdoor lighting fixtures shall not exceed thirty (30) feet in height, measured from finished grade to highest point. (CO: BLDG - Zoning)

3. All outdoor lighting shall be extinguished no later than 10:00 p.m., excluding security lighting only. (ONGOING: CODE ENF) (THIS CONDITION IS APPLICABLE TO THE NORTHERN PORTION- 4.54 ACRE SITE ONLY) (Previous Condition J.3 of Resolution 98-2037, Petition 84-076E)

4. The lighting conditions above shall not apply to proposed security or low voltage landscape/accent type lights used to emphasize plant material. (ONGOING: CODE ENF) (Previous Condition J.4 of Resolution 98-2037, Petition 84-076E)

I. HELIPORT

1. Prior to site plan certification, the site plan shall be amended to reflect adequate safety barriers (curbing, berming, and/or landscaping) between the heliport and the existing parking lot. (DRC: LANDSCAPING) (Previous Condition K.1 of Resolution 98-2037, Petition 84-076E)

2. Prior to site plan certification:

a) An airspace analysis conducted by the Federal Aviation Administration (FAA) shall be submitted to the Zoning Division.

b) A preliminary Airport License Report by the Florida Department of Transportation shall be submitted to the Zoning Division.

c) Evidence that the radio tower does not encroach into or through the established approach plane for the heliport as determined in the airspace analysis shall be submitted to the Zoning Division. (DRC: AIRPORTS)(Previous Condition K.2 of Resolution 98-2037, Petition 84-076E)

3. The location of the heliport shall be subject to Federal Aviation Administration (F.A.A.) and Florida Department of Transportation (D.O.T.) approval. (DRC: AIRPORTS/FDOT)(Previous Condition K.3 of Resolution 98-2037, Petition 84-076E)

J. 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 Agency responsible for sewage works are constructed and used by project tenants or owners generating such effluents. (ONGOING: HEALTH/CODE ENF) (Previous Condition L.1 of Resolution 98-2037, Petition 84-076E)

2. Sewer service is available to the property. Therefore, no septic tank shall be permitted on the site. (ONGOING: HEALTH/CODE ENF) (Previous Condition L.2 of Resolution 98-2037, Petition 84-076E)

3. Water service is available to the property. Therefore, no well shall be permitted on the site to provide potable water. (ONGOING: HEALTH/CODE ENF) (Previous Condition L.3 of Resolution 98-2037, Petition 84-076E)

4. Any toxic or hazardous waste which may be generated at this site shall be handled and disposed of in accordance with Rule 62-730FAC. (ONGOING: HEALTH/CODE ENF) (Previous Condition L.4 of Resolution 98-2037, Petition 84-076E)

5. Any biomedical waste which may be generated at this site shall be handled and disposed of in accordance with Rule 64E-16FAC. (ONGOING: HEALTH/CODE ENF) (Previous Condition L.5 of Resolution 98-2037, Petition 84-076E)

K. IRRIGATION QUALITY WATER

1. When irrigation quality water is available within five hundred (500) feet of the property, the petitioner shall connect to the system. The cost for connection shall be borne by the property owner. (LANDSCAPE: Zoning) (Previous Condition M.1 of Resolution 98-2037, Petition 84-076E)

L. RECYCLE SOLID WASTE

1. The property owner shall participate in a recycling program when available in the area. The program shall include paper, plastic, metal and glass products , as programs are available. (ONGOING: CODE ENF) (Previous Condition N.1 of Resolution 98-2037, Petition 84-076E)

M. REZONING

1. The petitioner shall agree to the County's rezoning of the site's RSER to the INST zoning district or any zoning district that is consistent to the site's future land use and the ULDC regulations as amended. (DATE: MONITORING -Zoning/Planning) (Previous Condition O.1 of Resolution 98-2037, Petition 84-076E)

N. COMPLIANCE

1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) (Previous Condition P.1 of Resolution 98-2037, Petition 84-076E)

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

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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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

Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING) (Previous Condition P.2 of Resolution 98-2037, Petition 84-076E)

4.C.14. See Pages 59-61.

4.C.15. RESOLUTION R-2000-1088

RESOLUTION FOR PETITION PDD79-133(A) OF KELLY TRACTOR COMPANY, PETITIONER AND PROPERTY OWNER, BY KIM JURAN, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (PDD) FROM RH-MULTI-FAMILY RESIDENTIAL (HIGH DENSITY) AND CG-GENERAL COMMERCIAL TO MUPD-MULTIPLE USE PLANNED DEVELOPMENT WITH VEHICLE SALES AND RENTALS AS REQUESTED USES ON THE 14.28-ACRE PROPERTY LOCATED APPROXIMATELY 500 FEET WEST OF HAVERHILL ROAD ON THE SOUTH SIDE OF OKEECHOBEE BOULEVARD. (REVOKES R-73-391 [PETITION 73-64], R-75-26 [PETITION 74-185], AND R-79-924 [PETITION 79-133]) (P.O.P. 681076 AND 681077) ADOPTED WITH CONDITIONS 7-27-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment with requested uses and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Conditions contained in Resolution R-73-0391, granting approval of Petition 73-064, and R-75-026, granting approval of Petition 74-185, and Resolution 79-924, Petition 79-133 are hereby revoked. (MONITORING)

2. Development of the site is limited to the use and site design as approved by the Board of County Commissioners. The approved site plan is dated June 5, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING)

B. ARCHITECTURAL CONTROL

1. Prior to commencement of each phase, the petitioner shall submit architectural elevations to the Architectural Review Section of the Zoning Division for review. Development shall be consistent with the approved architectural elevations for that phase. (DRC: BLDG PERMIT - Zoning)

C. LANDSCAPING - INTERIOR

1. The petitioner shall provide a minimum of one (1) interior landscape island for every twelve (12) parking space interval designated as customer/service, display and employee parking spaces.(DRC: ZONING)

D. LANDSCAPING ALONG NORTH PROPERTY LINE (ABUTTING R-O-W)

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

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

b. One (1) canopy tree planted every thirty (30) feet on center. A group of three (3) or more palm or pine trees may supersede the requirement of the canopy trees 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 thirty-six (36)inches. (CO: LANDSCAPE)

E. ENGINEERING

1. Prior to August 1, 2001 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 Elmhurst Street, 40 feet from centerline along the project's entire frontage, free of all encumbrances and encroachments. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING-Eng)

2. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Elmhurst Street (Westgate Ave. extension) 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. LANDSCAPE WITHIN MEDIAN OF STATE ROAD 704

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

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

c. If the County does not assume maintenance responsibility, 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)

4. "CUTOUT" LANDSCAPE STRIPS WITHIN THE CONCRETE MEDIAN OF OKEECHOBEE BOULEVARD

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

b. All required median landscaping, including an irrigation system if required, the cost of Cutting out the concrete median and the Landscape material shall be funded 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 prior to the issuance of a certificate of occupancy. (CO:MONITORING - Eng)

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

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

G. LANDSCAPE PHASING

1. The landscaping shall be installed according to phases, as indicated on site plan dated July 14, 2000, and shall be completed prior to the issuance of the Certificate of Occupancy for each building of the specified phase. (CO:LANDSCAPE-Zoning)

H. SIGNAGE

1. No off-premise signs shall be permitted on the site. (ONGOING: CODE ENF)

2. All point of purchase or freestanding signs fronting on Okeechobee Boulevard shall be limited as follows:

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

b. Maximum sign face area per side - 100 square feet;

c. Style - monument style only; and

d. Maximum number of signs - two (2) (BLDG PERMIT - Zoning)

3. All directional signs shall be limited to a maximum height of four (4) feet.

(BLDG PERMIT - Zoning)

I. USE LIMITATIONS

1. Vehicles shall be parked or displayed only in the areas designated on the certified site plan for parking/display. (ONGOING: CODE ENF - Zoning)

2. No advertising flags, foreign flags, pennants, banners, streamers, balloons, objects, gimmicks or similar signs designed to attract the attention of the general public shall be permitted outdoors on any building, vehicle or wall. (ONGOING: CODE ENF - Zoning)

3. No barbed or razor wire shall be permitted on the site. (CO/ONGOING: BLDG -Zoning/CODE ENF)

J. COMPLIANCE

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

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

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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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

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

4.C.16. RESOLUTION R-2000-1089

RESOLUTION FOR PETITION Z92-59(A) (SQUARE LAKE PLAZA) OF ISRI PERSAUD, PETITIONER AND PROPERTY OWNER, BY JEFF IRAVANI, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM CG-GENERAL COMMERCIAL TO CC-COMMUNITY COMMERCIAL FOR THE 1.19-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE SOUTH OF NORTHLAKE BOULEVARD ON THE WEST SIDE OF MILITARY TRAIL. (REVOKES R-93-648) (P.O.P. 681076 AND 681077) ADOPTED WITH CONDITIONS 7-27-2000

Staff Recommendation: Approval of the Official Zoning Map Amendment and adoption of a resolution affirming that action, subject to conditions. The conditions are contained in Zoning Commission Resolution ZR-2000-013. (See Item 4.D.19., Page 56.)

4.D. RECEIVE AND FILE ZONING COMMISSION RESOLUTIONS

4.D.17. PETITION 99-5

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-011 FOR PETITION CB99-5(A) (PALM BEACH COUNTY NURSING HOME) OF PALM BEACH COUNTY HEALTH CARE DISTRICT, BY ANNA S. COTTRELL, AGENT, FOR A CLASS B CONDITIONAL USE (CB) TO ALLOW A NURSING/ CONVALESCENT FACILITY IN THE INSTITUTIONAL AND PUBLIC FACILITIES (IPF) ZONING DISTRICT ON THE 13.6-ACRE PROPERTY LOCATED APPROXIMATELY 700 FEET EAST OF CONGRESS AVENUE ON THE NORTH SIDE OF 10TH AVENUE NORTH. APPROVED RECEIPT AND FILE 7-27-2000

Staff Recommendation: Approval of receipt and file.

4.D.18. PETITION 94-15

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-012 FOR PETITION ABN94-15 (HUNTERS GROVE) OF THOMAS WILEY TO REVOKE ZONING COMMISSION RESOLUTION Z-R-94-03 AFFIRMING THE ADMINISTRATIVE ABANDONMENT OF ZONING PETITION CB94-15. THE LATTER RESOLUTION GRANTED A CLASS B CONDITIONAL USE (CB) ALLOWING A WHOLESALE GREENHOUSE AND NURSERY ON THE 20-ACRE PROPERTY LOCATED ON THE WEST SIDE OF D ROAD, NORTH OF OKEECHOBEE BOULEVARD, APPROXIMATELY 0.5 MILE SOUTH OF NORTH ROAD IN AN AR-AGRICULTURAL RESERVE ZONING DISTRICT. APPROVED RECEIPT AND FILE 7-27-2000

Staff Recommendation: Approval of receipt and file.

4.D.19. PETITION 92-59

RECEIVE AND FILE ZONING COMMISSION RESOLUTION ZR-2000-013 FOR PETITION CB92-59(A) (SQUARE LAKE PLAZA) OF ISRI PERSAUD, BY JEFF IRAVANI, AGENT, FOR A CLASS B CONDITIONAL USE (CB) TO ALLOW A MEDICAL/DENTAL OFFICE IN THE CC-COMMUNITY COMMERCIAL ZONING DISTRICT ON THE 1.19-ACRE PROPERTY LOCATED APPROXIMATELY 0.5 MILE SOUTH OF NORTHLAKE BOULEVARD ON THE WEST SIDE OF MILITARY TRAIL. APPROVED RECEIPT AND FILE 7-27-2000

Staff Recommendation: Approval of receipt and file.

4.E. STATUS REPORTS

4.E.20. RESOLUTION R-2000-1090

RESOLUTION FOR STATUS REPORT SR96-119 FOR RESOLUTION R-97-371 FOR PETITION 96-119 (REST & RECOVERY CENTER) OF WILLIAM SCHEURICH AND ANNA R. CURRENT, TRUSTEES, AND MARY OAK VESTREM, PETITIONERS (PROPERTY OWNERS: WILLIAM V. SCHEURICH, KEITH D. KNESPLER, AND ANNA CURRENT), TO REVOKE THE CLASS A CONDITIONAL USE (CA) FOR A NURSING/CONVALESCENT FACILITY (22 BEDS) ON THE 1.6-ACRE PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD AIA APPROXIMATELY 0.25 MILE SOUTH OF U.S. 1. THE PROPERTY IS ZONED CN-NEIGHBORHOOD COMMERCIAL WITH A CA AS STATED. (REVOKES R-97-371) ADOPTED 7-27-2000

Staff Recommendation: Adoption of a resolution revoking the Class A Conditional Use.

4.E.21. PETITION 78-239

STATUS REPORT SR78-239A FOR RESOLUTIONS R-97-659 AND R-97-660 FOR PETITION 78-239(A) OF ST. HERMAN ORTHODOX CHURCH, PETITIONER AND PROPERTY OWNER, TO APPROVE A TIME EXTENSION UNTIL MAY 22, 2002, FOR THE 0.91-ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 600 FEET SOUTH OF HYPOLUXO ROAD. THE PROPERTY IS ZONED RTS-RESIDENTIAL TRANSITIONAL SUBURBAN WITH A DEVELOPMENT ORDER AMENDMENT WHICH AMENDED THE MASTER PLAN TO ALLOW GENERAL DAYCARE FACILITY (100 CHILDREN AND 30 ADULTS) AS A REQUESTED USE AND ADD SQUARE FOOTAGE (+3,708). APPROVED 7-27-2000

Staff Recommendation: Approval of the time extension to May 22, 2002.

4.E.22. See Page 6.

4.E.23. PETITION 88-65

STATUS REPORT SR88-65.8 FOR RESOLUTIONS R-89-1069 AND R-89-1070 FOR PETITION 88-65 (DARDASHTI PCD) OF HOWARD DARDASHTI, TRUSTEE (PETITIONER AND PROPERTY OWNER), TO APPROVE A TIME EXTENSION UNTIL JUNE 6, 2001, FOR THE 0.96-ACRE PROPERTY LOCATED ON THE WEST SIDE OF CONGRESS AVENUE APPROXIMATELY 0.1 MILE SOUTH OF LAKE WORTH ROAD. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT A PLANNED COMMERCIAL DEVELOPMENT (PCD). APPROVED 7-27-2000

Staff Recommendation: Approval of the time extension to June 23, 2000.

4.E.24. PETITION 89-132

STATUS REPORT SR89-132.7 FOR RESOLUTION R-90-858 AND R-90-859 FOR PETITION 89-132 (SEHAYIK CENTRE PLANNED COMMERCIAL DEVELOPMENT) OF SAMI SEHAYIK, RONI SEHAYIK, AND ROZANNE SEKAYIK, PETITIONERS AND PROPERTY OWNERS, TO APPROVE A TIME EXTENSION UNTIL MAY 22, 2002, FOR THE 1.9-ACRE PROPERTY LOCATED AT THE NORTHEAST CORNER OF STATE ROAD AIA AND RICHARD ROAD. THE PROPERTY IS ZONED CS-SPECIALIZED COMMERCIAL WITH A SPECIAL EXCEPTION TO PERMIT A PLANNED OFFICE BUSINESS PARK (POBP), INCLUDING A RESTAURANT AND LOUNGE. APPROVED 7-27-2000

Staff Recommendation: Approval of the time extension to May 22, 2002.

4.E.25. PETITION 92-41

STATUS REPORT SR92-41.5 FOR RESOLUTION R-93-4 FOR PETITION 92-41 (PALM BEACH PLAZA) OF LAND SERVICES GROUP, INC., PETITIONER (PROPERTY OWNER: PALM BEACH PLAZA LTD.), TO APPROVE A TIME EXTENSION UNTIL MAY 23, 2000, FOR THE 2.6-ACRE PROPERTY LOCATED ON THE JOG ROAD EXTENSION BETWEEN BELVEDERE ROAD AND OKEECHOBEE ROAD. THE PROPERTY IS ZONED CG-GENERAL COMMERCIAL. APPROVED TIME EXTENSION TO MAY 23, 2001 -- 7-27-2000

Revised Staff Recommendation: Approval of the time extension to May 23, 2001. (Per Amendments to the Agenda sheet.)

(Rest of page intentionally blank)

4.E.26. PETITION 93-2

STATUS REPORT SR93.2 FOR RESOLUTION R-93-647 FOR PETITION 93-2 OF JOY OF LIVING CHURCH OF GOD, PETITIONER (PROPERTY OWNERS: EUSTACE DOUGLAS AND IRIS A. DOUGLAS), TO APPROVE A TIME EXTENSION UNTIL MAY 27, 2002, FOR THE 1.8-ACRE PROPERTY LOCATED ON THE WEST SIDE OF HAVERHILL ROAD APPROXIMATELY 200 FEET SOUTH OF THE INTERSECTION OF HAVERHILL ROAD AND PINEBREEZE COURT, APPROXIMATELY 0.5 MILE NORTH OF STATE ROAD 80. THE PROPERTY IS ZONED RM-MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) WITH A CLASS A CONDITIONAL USE (CA) ALLOWING A CHURCH OR PLACE OF WORSHIP. APPROVED 7-27-2000

Staff Recommendation: Approval of the time extension to May 27, 2002.

4.F. ABANDONMENT RESOLUTIONS

4.F.27. RESOLUTION R-2000-1091

RESOLUTION FOR PETITION ABN81-13 (HOLIDAY INN, FKA THE COUNTRY SQUIRE INN) OF COUNTRY SQUIRE INN, INC., PETITIONER AND PROPERTY OWNER, BY CHARLES MUCCIOLO, AGENT, TO ADMINISTRATIVELY ABANDON THE SPECIAL EXCEPTION ALLOWING THE EXPANSION OF AN EXISTING MOTEL UNDER PETITION 81-13 (FLORIDA GARDENS LAND DEVELOPMENT COMPANY, PETITIONER, BY JOHN EWSEYCHIK, AGENT) ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE FLORIDA TURNPIKE AND LAKE WORTH ROAD. (REVOKES R-81-221) ADOPTED 7-27-2000

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

4.F.28. RESOLUTION R-2000-1092

RESOLUTION FOR PETITION ABN78-126 (MAKEE MOTORS) OF CARLOS GILL, PETITIONER AND PROPERTY OWNER, BY CARLOS GONZALEZ, AGENT, TO ADMINISTRATIVELY ABANDON THE SPECIAL EXCEPTION ALLOWING A COMMERCIAL USED AUTOMOBILE SALES LOT UNDER PETITION 78-126 (DONALD R. MAKEE AND HAZEL MAKEE, PETITIONERS) ON PROPERTY LOCATED APPROXIMATELY 600 FEET SOUTH OF SUMMIT BOULEVARD ON THE EAST SIDE OF MILITARY TRAIL. (REVOKES R-78-863) ADOPTED 7-27-2000

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

4.G. ADMINISTRATIVE INQUIRY - PROPERTY AND REAL ESTATE MANAGEMENT

4.G.29. PETITION 89-19

ADMINISTRATIVE INQUIRY AI-00-07 CONCERNING A CASHOUT ON THE 4.68-ACRE CIVIC SITE IN THE VALENCIA GRAND ISLES PLANNED UNIT DEVELOPMENT, A 235.252-ACRE PROPERTY LOCATED ON THE EAST SIDE OF HAGEN RANCH ROAD SOUTH OF BOYNTON BEACH BOULEVARD -- PETITION 89-19. APPROVED STAFF RECOMMENDATION (CASHOUT FOR $351,000 WITH FUNDS EARMARKED TO THE PARKS AND RECREATION DEPARTMENT FOR THE GREEN CAY WETLANDS PROJECT) 7-27-2000

Staff Recommendation: Approval of the civic site cashout for $351,000 with funds earmarked to the Parks and Recreation Department for the Green Cay Wetlands project.

MOTION to approve the Consent Agenda as amended and adopt resolutions affirming the applicable actions and to pull Item 4.C.14. Motion by Commissioner McCarty and seconded by Commissioner Roberts.

PUBLIC COMMENT: None

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

5. REGULAR AGENDA

5.A. ITEM PULLED FROM CONSENT AGENDA

4.C.14.

a. RESOLUTION R-2000-1093

RESOLUTION FOR PETITION W/Z99-82 (D&P DEVELOPMENT) OF ALFONSO POWELL, PETITIONER (PROPERTY OWNER: JOE DAVID BENJAMIN), BY ALFONSO POWELL, AGENT, FOR AN OFFICIAL ZONING MAP AMENDMENT (Z) FROM AR-AGRICULTURAL RESIDENTIAL TO RH-MULTI-FAMILY RESIDENTIAL (HIGH DENSITY) WITH A CONDITIONAL OVERLAY ZONE (COZ) FOR THE 3.6-ACRE PROPERTY LOCATED APPROXIMATELY 400 FEET SOUTH OF STATE ROAD 80 ON THE EAST SIDE OF 1ST STREET. ADOPTED WITH CONDITIONS AS AMENDED 7-27-2000

Revised Staff Recommendation (per Amendments to the Agenda sheet): Approval of the Official Zoning Map Amendment with a Conditional Overlay Zone and adoption of a resolution affirming that action, subject to the following conditions:

A. ALL PETITIONS

1. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. 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. HEALTH DEPARTMENT

1. The Palm Beach County Health Department prior to final site plan review must approve application and engineering plans to construct water and wastewater main extensions. (DRC: HEALTH)

There are no C or D conditions.

E. ENGINEERING

1. The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for First Street, 30 feet from centerline. Right of way conveyance shall be along the projects entire frontage and shall be free of all encumbrances and encroachments. Developer shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments.

Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING-Eng)

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

F. COMPLIANCE

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

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

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

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

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

d. Referral to code enforcement; and/or

e. Imposition of entitlement density or intensity.

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

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

b. RESOLUTION R-2000-1094

RESOLUTION FOR PETITION W/Z99-82 (D&P DEVELOPMENT) OF ALFONSO POWELL, PETITIONER (PROPERTY OWNER: JOE DAVID BENJAMIN), BY ALFONSO POWELL, AGENT, FOR A WAIVER (13 UNITS) FROM MINIMUM DENSITY REQUIREMENTS (18 UNITS) FOR THE 3.6-ACRE PROPERTY LOCATED APPROXIMATELY 400 FEET SOUTH OF STATE ROAD 80 ON THE EAST SIDE OF 1ST STREET. ADOPTED 7-27-2000

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

Planner Helen LaValley said the proposal was for a subdivision of 13 single-family units with a density of 3.6 dwelling units per acre. Board approval was required to allow development below the minimum density requirement of 18 units. Ms. LaValley said that area residents wanted 75-foot-wide lots instead of the petitioner-proposed 65-foot-wide lots. The petitioner had agreed both to the conditions and to the increased lot size, she noted.

Alfonso Powell, petitioner and agent, confirmed his agreement.

PUBLIC COMMENT:

Leon Camel said he had no problem with the development provided the petitioner agreed to the same-size houses on 75-foot-wide lots.

MOTION to approve the request of Petition W/Z99-82 for an Official Zoning Map Amendment from AR to RH with a Conditional Overlay Zone and adopt a resolution affirming that action, subject to the conditions as amended. Motion by Commissioner McCarty and seconded by Commissioner Aaronson.

The Board made their disclosures at this time.

In response to Commissioner Roberts, Zoning Director Whiteford said that the added condition would be along the lines of "The property shall be divided in lots of no less than a minimum 75 feet in width."

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

MOTION to approve the request of Petition W/Z99-82 for a waiver from minimum density requirements of the Comprehensive Plan. Motion by Commissioner McCarty, seconded by Commissioner Aaronson, and carried 6-0. Commissioner Masilotti absent.

5. REGULAR AGENDA

5.B. STATUS REPORT

5.B.30. See Pages 5-6.

5.C. PREVIOUSLY POSTPONED ZONING PETITIONS

5.C.31. See Pages 4-5.

5.D. ZONING PETITION CONTINUED FROM MARCH 23, 2000

5.D.32. See Page 5.

5.E. ZONING PETITIONS - None

6. DIRECTOR COMMENTS

6.A. ZONING DIRECTOR

6.A.33.

SCHEDULE OF MEETING OF AUGUST 24, 2000. DISCUSSED 7-27-2000

Zoning Director Whiteford remarked that a 2:00 p.m. time certain item was scheduled for the August 24 meeting, namely, selection of consultants for the managed growth code revision project. Staff would make every effort, he said, to expedite the rest of the Agenda before the midday break.

No backup provided.

6.B. PLANNING DIRECTOR - None

6.C. COUNTY ENGINEER - None

7. COMMISSION COMMENTS

7.A. COMMISSIONER WARREN H. NEWELL

7.A.34.

NOMINATION OF CHELLE KONYK FOR DEDICATION OF A ROOM AT THE NEW WATER UTILITIES ADVISORY BOARD WATER UTILITIES CUSTOMER SERVICE CENTER BEING DEDICATED IN WEST BOYNTON BEACH ON AUGUST 21, 2000. APPROVED 7-27-2000

MOTION to approve the nomination. Motion by Commissioner Newell, seconded by Commissioner Roberts, and carried 6-0. Commissioner Masilotti absent.

No backup provided.

8. ADJOURNMENT

The Chair declared the meeting adjourned at 9:59 a.m.

ATTESTED: APPROVED:

Clerk Chair

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� 2002 Palm Beach County Board of County Commissioners.  Last modified: August 14, 2002 .