HomeMy WebLinkAboutMinutes P&Z 010901CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COIVIIVIISSION
January 9, 2001
MINUTES
The Regular Meeting of the Planning and Zoning Commission of the City of Palm Beach Gardens,
Florida, was called to order by Chair John Glidden at 6:35 P.M. in the Council Chambers of the
Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the
Pledge of Allegiance to the Flag.
ANNOUNCEMENTS
Interim Growth Management Director Steve Cramer introduced a new Principal Planner, Karen Craver.
Mr. Cramer announced that at the request of the applicant agenda item 6 regarding Mirasol had been
pulled and item 7 regarding architectural design guidelines was pulled because the consultant could not
be present.
APPROVAL OF MINUTES
Mr. Solomon moved approval of the Decemberl2, 2000 meeting minutes as submitted. Mr. Kunkle
seconded the motion. Motion carried by unanimous 5 -0 vote.
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PLANNING AND ZONING CONEMSSION
The roll was called by Betty Laur, Secretary for the meeting.
Present
Absent
John Glidden, Chair Joel Charming
Dennis Solomon, Chair Elect
Craig Kunkle, Jr., Chair Pro Tem
Barry Present
Ted Rauch, Alternate
Also present were Senior Planners Talal Benothman and Edward Tombari, Principal Planners Steve
Cramer and Karen Craver, and Planner John Lindgren, and City Attorney Len Rubin.
Public Hearing/Recommendation to City Council
Petition PCD- 99 -07: Frenchman's Reserve Planned Communitv Development - Parcel 29.01
Land Design South, agent for Toll Brothers, Incorporated, is requesting Planned Community
Development Master Plan approval to construct 530 residential units and an 18 -hole golf course on
a 434.1 acre site, located east of the intersection of Alternate AIA and Hood Road, and to provide for
• the extension of the Hood Road Parkway from Alternate AIA east to Prosperity Farms Road via
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January 9, 2001
Flamingo Road (7- 42S -43E)
Senior Planner Ed Tombari reviewed the staffreport, and advised that staffrecommended approval with
continuing changesto the conditions ofapproval. Mr. Present questioned and received confirmation from
Mr. Tombari that if the Commission approved this petition with conditions as presented tonight, the
petition would proceed to City Council but staff would present additional conditions to City Council.
Attorney Ray Royce, Holland & Knight, representing Toll Brothers, clarified that the petitioner would
provide to the County seven acres through the middle of Frenchman's Forest for use by the public. Mr.
Royce commented that master drainage plans had been submitted, and that any changing conditions as
a result of suggestions by the City Engineer and the applicant would only be fine tuning. Mr. Royce
reviewed changes made by the applicant, indicated the roadway alignment could not be changed since
that would be contrary to the wishes of the County, and advised that the applicant had worked very hard
and had done their best to try to satisfy everyone.
Land Planner Bob Benz reviewed the project for the benefit of those not present at the December
workshop meeting, and reported that issues at the workshop which had now been addressed included
providing a buffer around the perimeter of the maintenance area, and secured access into Pod F, where
high end residential homes over $1 million were planned, with sufficient turnaround area for vehicles that
• did not wish to proceed through the gates. Mr. Benz reviewed the requested waivers, and indicated the
petitioner would work with staff to fine tune the conditions of approval.
In response to questions from Mr. Kunkle, Mr. Benz indicated that access to the information center
would be closed when the models were opened; that plants on the landscape plan were shown at 5 -year
growth size; that the maintenance area site plan would come back to the Commission; that the posted
speed limit would be 30 mph, and that traffic calming devices would be installed. Mr. Kunkle indicated
he could not support the requested waivers across the board. Mr. Kunkle stated he would like to see the
high -end pod, requested maintenance specifications for the cross sections shown , and requested those
maintenance specifications be written into the plan. Mr. Solomon requested and received clarification
regarding the setback for zero lot Tine units, indicated he would like to see the individual pods when they
were submitted for individual developments, but considered the requests to be relatively minor and
commented that he was not troubled by the requested waivers. Mr. Solomon received clarification that
the amounts of deposits for escrow accounts referred to in the conditions would be approved by the City
Engineer, that in regard to condition 6 the applicant had submitted conceptual and detailed landscape
plans, that in regard to condition 7 the City's approval would be required prior to approval of
construction plans. Mr. Benz explained that some of the conditions were similar to those for Mirasol.
Mr. Solomon noted it was not clear whether the materials in conditions 12 through 17 would come before
P&Z before going to City Council. Mr. Benz explained P&Z would see all of the landscape plans. Mr.
Solomon asked if the Seacoast easement would be vacated, to which Mr. Benz responded that it would
be relocated to parallel the new Flamingo Road alignment. In regard to condition 23 regarding timing
• of accepting Hood Road, Mr. Royce indicated his belief that should now be deleted and requested staff
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January 9, 2001
clarification. Mr. Tombari responded that the City Engineer had submitted several revisions that day
which would be incorporated into the conditions of approval. Mr. Royce explained that the Hood Road
alignment would presumably be dedicated to Palm Beach County; that prior to 3/30/2002 the road was
to be substantially complete; and that no additional building permits would be issued if it were not done
and available for use by the Fire Department. The road was to be completely finished by August 31,
2002 for all traffic. Mr. Solomon questioned regarding condition 28 whether the City wanted the golf
membership to be exclusive to the residents, to which Mr. Tombari responded the City did not want a
public golf course because that would add additional trips. Mr. Solomon commented conditions 29, 30,
and 31 all referred to trips, which Mr. Benz clarified were for the overall development. Mr. Solomon
questioned whether in condition 39 the first lift of asphalt would include temporary striping, to which
the answer was affirmative; Mr. Solomon requested that language be added. Mr. Solomon expressed his
opinion that the reference to condition 40 should refer to condition 39. Mr. Rauch expressed his opinion
the overall project was good and he did not disagree with anything, but considered the second gated area
comical and questioned how one would play through the 17th hole. Mr. Benz explained that golfers
would not go through the second gated area. The sidewalk was described for Mr. Rauch. Mr. Present
questioned the Pod H multifamily residents not being able to have golf carts. Mr. Benz explained that
carts could possibly be provided at the clubhouse or the residents might be given the ability to store their
own carts at the clubhouse. Mr. Tombari and the applicant clarified for Mr. Glidden and Mr. Kunkle
which items in conditions 12 through 19 would come back to Planning and Zoning Commission for
• approval, explained that the landscape plans in the packets for this meeting were only the revisions, and
detail plans would be based on the cross sections. Mr. Kunkle indicated what he had seen previously had
been done very well, expressed confidence in staffis ability to look at the detail plans, and indicated that
he would be available for consultation. Mr. Glidden commented there was a procedural issue that what
the Commission received was general and/or amended plans, while there were plans submitted previously
not in the current packages which at this time the Commission could only assume were being carried
through as part of the approval Mr. Glidden requested complete packages in the future since the
Commission had no instructions to bring plans back, and so that everything being approved would be
in front of them. Mr. Kunkle requested the Landscape Architect's intended maintained appearance for
entire PCD buffer plan be designated on the plan to provide a basis for the City. Mr. Glidden summarized
that condition 19 would come back to Planning & Zoning, conditions 12 through 18 would be submitted
to stafffor their review and consultation with Mr. Kunkle. Mr. Cramer clarified that any condition which
contained the language City Council approval would be changed to require both Planning and Zoning
Commission approval and City Council approval Staff agreed with deletion of condition 23. Mr.
Glidden requested condition 28 be changed from should be to shall be; and to add in condition 39
including the necessary striping after the word asphalt. Mr. Glidden questioned if the language in
condition 56 was intended as a rubber stamp for all projects, to which the answer was affirmative.
Chair Glidden declared the Public Hearing open. Both Donald Schilling and Fred Barlow made
presentations, copies of which are attached hereto and made a part of these minutes. Paul Ritchey,
Cabana Colony resident, questioned if drainage issues were being addressed so that flooding would not
• occur in Cabana Colony, and whether a wildlife assessment to relocate gopher tortoises had been done.
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Mr. Glidden indicated staff could be contacted to discuss drainage issues which were being addressed
and that a detailed environmental plan was available. Hearing no further comments from the public, Chair
Glidden declared the public hearing closed.
Attorney Royce indicated the drainage was approved by SFWMD so that it would not impact areas other
than the project site, and explained that the gopher tortoises would be relocated to either an upland
preserve or the Frenchman's Forest preserve. Mr. Royce commented there was a written agreement with
adjacent residents regarding the continuous buffer which indicated a mutually acceptable sound engineer
would be retained to recommend noise attenuation measures, and stated the applicant would abide by that
agreement, as indicated by condition 4. Mr. Royce requested fine tuning of details of this buffer be
worked out prior to scheduling for City Council Mr. Solomon commented a very fine job of addressing
the issues had been done, that this was a fine project with reasonable use of the property, and expressed
his opinion there was enough information so that it did not really need to be brought back before the
Planning and Zoning Commission.
Mr. Solomon made a motion to recommend approval to City Council of Petition PCD -99 -07 with
the changes and modifications discussed at this meeting, i.e., incorporate staff recommendations
except. to the extent of the following modifications and clarifications: approval of waivers for
public areas but not for private pods which would come back for individual discussion; condition
• 19, Signage, would come back to Planning and Zoning Commission; condition 23 would be
eliminated with the remaining conditions to be re- numbered; that in those conditions where
certain matters were to come back to the City Council for approval language adding Planning and
Zoning Commission approval would be inserted; that conditions 12 through 17 would be staff
review only; condition 19 already said Planning & Zoning; to Condition 39 regarding definition
of substantial completion language would be added regarding temporary striping; condition 40
would be corrected to refer to the correct condition number; language in condition 28 would be
changed from should be to shall be.
Project Plans and Uses
1) Fee simple residential lots shall not include parkways, landscape easements or buffers, lake
maintenance areas or any water management area, golf course or any other community-
serving open space (Planning and Zoning).
2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to
site plan review and modification for geometry, operational and safety design details. The
County must also approve parcel accesses onto Palm Beach County roadways (City
Engineer, Planning and Zoning).
3) Public road cross - sections, to be dedicated to Palm Beach County, are conceptual in nature
• and shall be subject to joint review by Palm Beach County and Palm Beach Gardens (City
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January 9, 2001
Engineer).
4) Prior to scheduling for City Council, Conditions 2, 3 and 8 of the April 16, 2000
memorandum of understanding regarding the "Hood Road Alignment and the
Frenchman's Creek Boundary Line" shall be met to the satisfaction of all parties bound
to the agreement (Planning and Zoning).
5) The applicant, successors, or assigns shall be responsible for the installation and
maintenance of the landscaping (including irrigation, electricity, mastarm lighting,
crosswalk pavers, and overhead power) in the medians and along the road shoulders of
Alternate AlA for those sections of the roadway adjacent to the Frenchman's Reserve
Planned Community Development (PCD). The landscape plans for Alternate Al A shall
be prepared by the applicant based on the City Roadway Beautification Master Plan, when
said plan is adopted by the City. The Alternate Al A landscaping shall be installed prior
to the first certificate of occupancy of Pod G, or an escrow account established by the
applicant to be used by its successors or assigns to complete the project. The City shall
require, as a condition of approval of any new project located west of the Frenchman's
Reserve PCD, that such new project shall bear its proportionate share of the cost of the
continued maintenance of Alternate AlA landscaping. In the event the City of Palm Beach
• Gardens, or another entity, forms a special district pertaining to the landscape
maintenance of Alternate AIA, then the Frenchman's Reserve property owners association
shall automatically become a member forms a special district. This condition may be
amended at any time by a separate agreement between the applicant and the City Palm
Beach Gardens (Planning and Zoning).
6) Within 90 days of the effective date of this development order, the applicant shall submit
detailed landscaped plans of the Alternate AlA right -of -way, including medians, for that
portion adjacent to the applicant's property and post surety acceptable to the City and
Palm Beach County for installation of said landscaping. These plans shall be consistent
with the proposed expansion of Alternate Al A from four to six- lanes. Installation of
landscaping shall occur concurrent with the widening of Alternate AlA (Planning and
Zoning).
7) Prior to approval of construction plans or commencement of land alteration, whichever
occurs first, the applicant shall provide a management plan for golf course construction to
ensure Best Management Practices are incorporated to eliminate the potential for nutrient
laden runoff into the wetlands. Techniques may include spreader - Swale, inverted fairways,
etc. The plan shall also include development pod, golf course and cart path topographic
elevations (City Forester, City Environmental Consultant).
8) The applicant shall take extreme caution when filling in and around preservation areas to
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January 9, 2001
ensure the protection of the root zone and canopy drip line area. No changes in pH and
topography /drainage may result in disturbance or destruction of the preserve areas.
Applicant's landscape architect and/or environmental consultant during land
alteration/construction activities (City Forester, City Environmental Consultant) shall
monitor protection of the preserve and buffer areas.
9) The proposed project shall be micro-sited to ensure the protection of listed plant and
animal species, ensure that the highest quality wetlands and uplands are preserved intact
and ensure that an adequate buffer is maintained around all preserved areas (City
Forester, City Environmental Consultant).
10) Prior to commencement of land alteration and/or construction, certification shall be
required from the applicant's landscape architect and/or environmental consultant stating
the highest quality preserve and buffer areas and all listed plant and animal species have
been maintained on -site within a functional ecosystem (City Forester, City Environmental
Consultant).
11) All preserve areas; native vegetation and trees to be preserved shall be identified with
protective fencing. The Growth Management Department shall conduct a site visit prior
.• to commencement of land alteration or clearing to confirm that the areas identified
pursuant to Chapter 102 -10(S)e and the approved Preservation/Relocation Plan are
protected (City Forester, City Environmental Consultant).
12) Within nine (9) months of the effective date of this development order, the applicant shall
submit detailed on -site road right -of -way and parkway/buffer landscape -plans for all
public roads and adjacent common space areas, including pump station screening, for
Planning and Zoning Commission and City Council approval. The landscape plans for
public roadways shall include conceptual median landscape details. The maintenance of
the landscaping shall be the obligation of the applicant and/or its successors and assigns.
Said landscaping shall be installed consistent with the Master Plan (Planning and Zoning).
13) Detailed road right -of -way and buffer landscape plans for non -public roadways shall be
reviewed and approved by the Growth Management Department prior to issuance of a
permit to construct said road or phase thereof (Planning and Zoning).
14) Prior to commencement of land alteration/construction of any golf courses, a conceptual
landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas,
etc.) to be constructed shall be reviewed by the Department, in consultation with the City
Environmental Consultant. The plans shall detail and locate all golf cart and maintenance
pathways, bridges, golf course structures, utility easements, vegetation to be preserved or
• relocated, and new landscaping (Planning and Zoning, City Environmental Consultant).
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January 9, 2001
15) Within nine (9) months of the effective date of this development order, the applicant shall
submit detailed PCD buffer plans for Planning and Zoning Commission and City Council
approval. The maintenance of the landscaping shall be the obligation of the applicant
and/or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer
Plan (Planning and Zoning).
16) Preserves and buffers shall be unencumbered by maintenance, utility or drainage
easements, except as otherwise approved in the cross - sections or as may be permitted in
certain locations subject to Growth Management Department approval (Planning and
Zoning).
17) Native vegetation within the road rights -of -way shall be protected, where possible.
Clearing shall not occur until the Growth Management Department approves road cross -
sections (construction plans). In order to receive a clearing permit, the applicant and/or
its successors and assigns shall identify for Growth Management Department approval
areas where existing vegetation can be preserved within the road rights -of -way (Planning
and Zoning).
18) Within 90 days of the effective date of the development order, the applicant shall provide
• the City with an executed maintenance agreement, approved by all interested parties, for
the perpetual maintenance oflandscaping within the existing Flamingo Road right -of -way.
Signage
19) The Planning and Zoning Commission and City Council shall review all entry features to
the project, including entry signage, water features, clocktowers, other architectural
features, and landscaping, as well as a master signage program, as a separate petition
(Planning and Zoning).
Dedication and Improvements
20) The applicant and/or its successors or assigns shall be responsible for the dedication of a
two acre site to be used for a fire /rescue and police substation. Such dedication shall occur
prior to issuance of the first certificate of occupancy, (excluding the sales center, and golf
maintenance shed), and/or opening of a golf course, whichever occurs first (Planning and
Zoning).
Traffic Concurrency and Circulation
21) Prior to the first certificate of occupancy, the applicant shall install the meandering eight
• foot sidewalk along Alternate Al A that is adjacent to the site (City Engineer).
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January 9, 2001
22) The build -out date for this project is December 31, 2004 as referenced in the June 9, 1999
traffic impact analysis. For the purposes of this condition, the project shall be considered
built -out if all building permits have been issued and the applicant is actively engaged in
the development of the site (City Engineer). .
23) Prior to the first residential building permit for each pod, the City shall accept tile spine
road west of said pod, up to and including the pod entry drive (City Engineer).
24) Prior to the issuance of the -first residential building permit for each pod, the supporting
public infrastructure of said pod shall be constructed and approved by the City (City
Engineer).
25) Prior to the issuance of the first building permit, the applicant shall provide surety that is
acceptable to the City for the construction of the public improvements for the Spine Road.
The applicant shall provide an annual evaluation and adjustment of the surety for the
Spine Road to account for inflation and fluctuations of construction costs. The annual
evaluation and adjustment shall be performed prior to the first day of 'February of each
year (City Engineer).
• 26) Prior to any construction plan approval, the applicant shall receive approval from any
affected utility authorities to relocate existing easements (City Engineer).
27) Golf Course membership shall be exclusive to the residents and their guests (City
Engineer).
28) No more than 1,589 daily trips (any combination of single and multi-family units
generating 1,589 daily trips) may be permitted until the widening of Alternate Al A from
PGA Boulevard to Hood Road has commenced. This improvement is part of the County
assured construction program (City Engineer).
29) No more than 2,336 daily trips (any combination of single and multi-family units
generating 2,336 daily trips) may be permitted until the construction of PGA
Boulevard/Alternate Al A flyover has commenced. This improvement is part of the County
assured construction program (City Engineer).
30) No more than 2,920 daily trips (any combination of single and multi-family units
generating 2,920 daily trips) may be permitted until the addition of eastbound and
southbound through lanes has commenced at the intersection of Alternate Al A and Hood
Road (City Engineer).
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31) No more than 3,451 daily trips (any combination of single and multi-family units
generating 3,451 daily trips) may be permitted until the addition of exclusive right -turn
lanes to the northbound, westbound and eastbound approaches at the intersection of
Alternate Al A and RCA Boulevard (City Engineer).
32) No more than 3,662 daily trips (any combination of single and multi- family units
generating 3,662 daily trips) may be permitted until the construction of dual -left turn lanes
on the westbound and eastbound approaches at the intersection of Military Trail and
Donald Ross Road (City Engineer).
33) No more than 4,385 daily trips (any combination of single and multi-family units
generating 4,385 daily trips) may be permitted until the conversion of one right -turn lane
to a left -turn lane (to provide triple left turns) on the northbound approach at the
intersection of PGA Boulevard and Victoria Gardens Avenue. It should be noted that in
the event that the FDOT does not approve this change in lane configuration, a third left
turn lane needs to be added to the northbound approach (City Engineer).
34) No more than 4,957 daily trips (any combination of single and multi-family units
generating 4,957 daily trips) may be permitted until the construction of an additional
exclusive northbound left -tun lane at the intersection of Alternate AlA and Donald Ross
Road (City Engineer).
35) For all required improvements that are not included in the County assured construction
program, the Developer may enter into a Public Facilities Agreement (PFA) within 6
months of the issuance of the Development Order, and before the first building permit is
issued (City Engineer).
36) The applicant shall signalize the intersection of Hood Road and Alternate Al A prior to the
Certificate of Occupancy for the Fire Station or prior to August 31, 2002, whichever comes
first. The signal shall be installed to be fully operational, including all appropriate lane
geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, lighting, etc. as approved. The signal shall
be linked to the fire station for use as a pre- emptive signal until the activation of the full
signal is warranted (City Engineer).
37) The developer shall perform an annual Signal Warrant Study for the intersection of
Alternate AlA and Hood Road until such time that a fully operational signal is warranted.
The existing signal described in Condition No. 36 above shall be made active once the
intersection warrants a signal and meets the approval requirements of Palm Beach County
and the Florida Department of Transportation (City Engineer).
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January 9, 2001
38) Prior to March 30, 2002, the applicant shall construct Hood Road to a point of substantial
completion. Substantial completion is defined as follows: the first lift of asphalt including
the necessary striping shall be installed, a complete and operable drainage system shall be
installed, access of the entire alignment shall be provided for use by the City of Palm Beach
Gardens Fire a Department, and approval for use of the road by the Fire Department.shall
be granted by Palm Beach County (City Engineer).
39) No additional building permits (residential, sales center, models, recreation facility, etc.
with the exception of the proposed Fire Station) shall be issued after March 30, 2002 unless
the City and Palm Beach County accepts the substantial completion of Hood Road as noted
in Condition No. 38 above (City Engineer).
40) Hood Road shall be fully constructed, approved by the City, and accepted by Palm Beach
County prior to August 31, 2002 (City Engineer).
41) Prior to the issuance of the building permit for Hood Road, the applicant shall provide
surety that is acceptable to the City and to Palm Beach County for the construction of the
public improvements for Hood Road. The "joint" surety shall be in a form that will be
accessible to the City and/or Palm Beach County to install said public improvements (City
• Engineer).
42) No more than 1,788 daily trips (any .combination of single and multi- family units
generating more than 1,788 daily trips) shall be permitted until the widening of Prosperity
Farms Road to four lanes from PGA Boulevard to Lone Pine Road has commenced. This
condition does not apply if the road received a CRALL.S designation (City Engineer).
Surface Water Management
43) No construction of any portion of the surface water management system shall be
undertaken without first submitting to the City's plans, specifications, and supporting
computations for review and approval by the City (City Engineer).
44) Any proposed changes to the South Florida Water Management District Conceptual
Surface Water Management permit shall be concurrently submitted to the City for review
and City approval (City Engineer).
45) The applicant has represented to the City and to South Florida Water Management
District that the project area will be a unit of the Northern Palm Beach County
Improvement District. Prior to the issuance of the first building permit, excluding permits
for infrastructure improvements, golf course maintenance facilities, sales center, gatehouse,
• entry features (landscape, project identification walls and the like), all criteria required by
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January 9, 2001
law to assess, operate, and maintain said unit must be confirmed in writing to the City by
Northern Palm Beach County Improvement District (City Engineer).
46) As a requirement, a sum total of area(s) constituting no less than 15% nor more than 25%
of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square
feet of shelf per running foot of shoreline, or as required by the City Engineer (City
Engineer).
47) Prior to the issuance of the first building permit, the applicant shall provide to tile City 40-
feet of canal right -of -way along the entire north side of the existing Cabana Colony Canal
right -of -way adjacent to the referenced project (City Engineer).
48) Prior to the issuance of the first building permit, the applicant shall work with tile City
Engineer to coordinate other means of conveyance of the water in the Cabana Colony
Canal under or through the,proposed vehicular, access to the Golf Course Maintenance
Facility. The conveyance shall have zero head loss at 500 cfs, or have the ability to convey
the runoff from the second Unit 2 ouffall to a point downstream of the proposed vehicular
access to the Golf Maintenance Facility. The proposed plans shall be reviewed and
_ approved by -the City Engineer prior to Site Plan approval of the Maintenance Facility
(City Engineer).
49) Prior to the issuance of the first building permit, the applicant shall provide to the City a
recorded copy of a drainage easement and an agreement between the developer and Palm
Beach County for any proposed stormwater discharge into Frenchman's Forest (City
Engineer).
School Board
50) The applicant, successor or assigns shall post a notice of annual school boundary
assignments for students from this development in a manner required by the Palm Beach
County School District (Planning and Zoning).
Utilities
51) All utilities shall be placed underground and within public road rights -of -way, unless
specifically approved by the Growth Management Department (Planning and Zoning).
52) Upon approval of the development order, the applicant shall secure a "Seacoast. Utility
Authority Capacity Allocation Commitment for Public Water and/or Sewer Service ",
which shall be verified by the delivery of a fully executed copy of the document to the
Planning and Zoning Division within 30 days if granting -the development order (Planning
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January 9, 2001
and Zoning).
53) Prior to the issuance of the first building permit, the applicant shall provide approval
letters from the appropriate utilities to relocate existing easements prior to construction
plan approval (Planning and Zoning).
Public Safety
56. Crime Prevention Through Environmental Design (CPTED) principles established through
cooperation with the City's Crime Prevention Division shall be utilized during the site
planning of the development parcels (Police Department, Planning and Zoning).
57. The applicant and/or its successor and assigns shall provide a stabilized road base, subject
to City standards, for fire /emergency access to each development parcel prior to the start
of construction within said parcel (City Engineer, Fire Department).
Disclosure
58. Prior to the issuance.of the first residential building permit, the master property owners
association documents and restrictions shall be furnished by the applicant to the City
Attorney for review and approval prior to such documents being recorded in the Public
Records of Palm Beach County (City Attorney).
59) An annual report Shall be submitted to the Growth Management Department by February
14th of each year, until the project has reached buildout, that describes the project's
current status and compares its progress with the provisions of the development order
(Planning and Zoning).
Mr. Rauch seconded the motion. During discussion of the motion, Mr. Royce requested
clarification regarding conditions 12 through 17, which Mr. Glidden explained would come back
to staff only. Chair Glidden clarified that this approval precluded approval of some of the
individual lot waivers, which petitioner indicated they understood. The motion carried by
unanimous 5-0 vote.
Consideration of Approval
Petition SP- 00 -22: Polio Tronical/Walgreen's Amendment
Jeff H. Iravani, agent for Northlake Venture, LC, is requesting approval of an amendment to the
Polio Tropical/Walgreen's site plan that will shift the Polio Tropical building and some of the
parking, and will change the architecture of the Walgreen's building. The 3.5-acre site is located on
the northeast corner of Northlake Boulevard and Congress Avenue. (18- 42S -43E)
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January 9, 2001
Planner John Lindgren reviewed the staff report. Jeff Iravani, agent for the petitioner, expressed
agreement with the staff recommendations. Mr. Glidden questioned whether the 6/12 roof pitches on
the tower and the mansard were depicted at differently on the drawings because of the 45- degree angle
of the elevation, which Architect Jeff Sherman confirmed.
Mr. Rauch made a motion to approve Petition SP -00-22 with the following conditions:
1. Within 90 days of the adoption of the resolution for this petition, the applicant, successors
or assigns shall remove all existing structures from the site. (Planning and Zoning)
2. Prior to construction plan approval, the applicant shall provide a letter of authorization
from the appropriate utility owners allowing the applicant to pave, landscape and place
stormwater management features within their respective utility easements. (City
Engineering)
3. Prior to construction plan approval, the drainage easement for the dry dentention area
(ORB 10827, Pg. 1163) shall be re- recorded to allow for the loss of the dumpster area.
(City Engineering)
4. Prior to construction plan approval, the applicant shall submit a lighting plan for the
Walgreens canopy area that meets the City's Land Development Regulations. (City
Engineering)
Mr. Present seconded the motion, which carried by unanimous 5-0 vote.
Consideration o
LA pp
Marina Gardens PUD Railing & Awning Color Modification
Urban Design Studio, agent for Mutual Land Development Company, is requesting approval of
minor changes to the Marina Gardens planned unit development (PUD). The PUD approval is for
the construction of 65 fee simple townhomes and a 1,600 square footpooUpavilion building on a 7.6-
acre site located appraximately 500 feet east of the intersection of Prosperity Farms Road and
Idlewild Road, on the south side of Idlewild Road The minor changes will affect the railing and
awning colors. (5- 42S -43E)
Mr. Glidden passed the gavel to Mr. Solomon, indicated he would participate in the conversation but
would not vote since he did some work with the petitioner on another project but not on this one.
Planner John Lindgren reviewed the request, and indicated staffhad not felt comfortable approving the
proposed changes without Planning and Zoning Commission review.
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Planning & Zoning Commission Minutes
January 9, 2001
Nick Mihelich, Urban Design Studio, presented the present and proposed awning colors, and provided
samples of the improved design of the proposed railing. Mr. Rauch questioned who would be
responsible for enforcing correct maintenance of the awnings, to which the response was Code
Enforcement. Mr. Cramer advised that approval of this petition by the Commission would be the final
approval.
Mr. Present made a motion to approve the Petition for Marina Gardens PUD Railing & Awning
Color Modification as submitted. Mr. Kunkle seconded the motion, which carried by unanimous
4-0 vote with one abstention by Mr. Glidden.
Workshop
Petition PUD- 00-05: Speedway Service Station Planned Unit Development
Bob Basehart, agent for Marathon Ashland Petroleum, LL C-, is requesting a rezoning from the
existing CG -I General Commercial to CG -I General Commercial with a Planned Unit Development
overlay zoning for the redevelopment of a convenience store with gasoline service station. The 0.8-
acre site, at the southeast corner of PGA Boulevard and Prosperity Farms Road, will contain a 2,339
squarefoot convenience store with a twelve pump gasoline service station. The existing 2,177square
foot building, canopy and pump stations will be demolished as part of this redevelopment. (7-42S-
43E)
Senior Planner Ed Tombari reviewed the staff report and the requested waivers, and indicated staff did
not support the requested front setback waiver with the size of the proposed canopy; and that staff did
not support the proposed sign being moved to a new location. An outstanding issue was the canopy
lighting for which petitioner must request a waiver from code for the proposed 100+ footcandles which
far exceeded the 10 footcandles allowed by code. Mr. Tombari explained that the front ofa property was
always determined by the side with the shortest street frontage, making this project front onto Prosperity
Farms Road rather than PGA Boulevard. Mr. Tombari indicated to Mr. Kunkle that he would look into
the setback issue further, keeping in mind whether the front setback would be an issue if the project
fronted on PGA Boulevard.
Bob Basehart, agent for the petitioner, described the proposed changes to bring the project to current
code standards. Also present were John Calcutt from Speedway, operator of the existing and proposed
facility, and John Schmidt, the project Landscape Architect. Mr. Kunkle indicated this was a great
opportunity to improve the site, indicated he had no problem with the monument sign waiver, and noted
the two signs requested at the ends of the fuel station canopies would not be seen after installation of
landscaping. Mr. Basehart indicated Speedway was willing to concede to the staff recommendation to
eliminate 3 ofthe 6 requested signs. Mr. Kunkle requested the plans reflect that change in signage by the
next meeting. Mr. Kunkle indicated he would not like a separate company to operate the convenience
store. Petitioner agreed to a condition of approval that would not permit co- branding.. Staff explained
• that allowing a separate operator would increase trips. Mr. Glidden noted this was a big improvement
14
Planning & Zoning Commission Minutes
January 9, 2001
and requested the fascia be brought up to hide the angular flashing element over the entry. Mr. Glidden
commented his biggest issue was the dead end parking area for which he recommended that the indicated
loading space become a cut through, and requested a waiver not to have a dedicated loading space
because there was plenty of room on the site for a truck to unload. Mr. Solomon expressed his opinion
this was an improvement to the site and 'indicated that the proximity of the canopy to Prosperity Farms
Road did not concern him. Mr. Solomon noted there were two signs on the west elevation; the petitioner
clarified that they had agreed to leave the canopy sign and remove the building sign. Mr. Rauch noted
a more unique building and not a stereotypical franchise building would be an improvement, and
questioned the lighting situation. Mr. Basehart commented the illumination under the canopy was 110
footcandles but went straight down and was only one footcandle at the edges. Mr. Glidden requested
a photograph ofthe lighting petitioner had done on other stations. Mr. Basehart indicated that Speedway
believed the lighting was essential for both marketing and customer safety and security, and agreed to
provide a photograph. Mr. Rauch requested some interesting elements be added to the building, still
keeping the identity. Mr. Basehart recapped the requests: 1. Flashing over the door and design of
entrance feature; 2. Potential cross connection to the east; 3. Lighting intensity; and 4. Architectural
statement. Mr. Basehart asked if the Commission agreed to the waiver for the canopy setback on the
west, to which the response was affirmative. Mr. Calcutt explained they had requested their architect
to superimpose elements ofthe PGA corridor on the building, and submitted an elevation to reflect that.
Mr. Glidden commented a number of the members of the Commission were relatively pleased with the
overall appearance. Direction to staff on the ground sign waiver was consensus that members were either
neutral or had no problem with that waiver.
OLD BUSINESS
There was no old business to come before the Commission.
NEW BUSINESS
Interim Growth Management Director Steve Cramer reported that the petitioner for the Legacy Place
project had requested a special meeting to review their project. Preference was expressed to hold
separate meetings for special projects unless there was a light agenda. Mr. Cramer indicated he would
schedule Legacy Place for the regular January 23 meeting ifthere was a light agenda, or if not, he would
schedule a separate meeting for January 30 and would poll the members to be sure the date was
convenient.
Chair Glidden reported he was in the process of obtaining information on aerial photos depicting the
entire City which could be mounted on a large board for use in the Council Chambers.
Mr. Present questioned the status of removal of the shutters on the Plastridge office building, to which
staff responded that had been turned over to Code Enforcement.
15
Planning & Zoning Commission Minutes
January 9, 2001
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:20 p.m. The next regular meeting will
be held January 23, 2001.
APPROVED:
Joel Charming
Barry
Ted Rauch, Alternate
etty Laur
Secretary for the Meeting
•
17
•
•
Planning & Zoning Commission Minutes
January 9, 2001
Mr. Glidden requested 11 "x 17" size Land Use and Zoning Maps.
IR
Good evening.
My name is Donald Schilling and I am a resident of
Frenchman's Creek, residing at 13046 Redon Drive.
As a result of the recently proposed rerouting of the Hood
Road Extension, placing this road adjacent to our
Community, the Frenchman's Creek Property Owners
Association (POA) formed a Hood Road Committee. The
purpose of this Committee was to ascertain how to best
reduce the noise level produced by the traffic on this new
road.
I was asked to chair this Committee because of my
technical background. I have a Ph.D. in Electrical
Engineering and I am Professor Emeritus of Electrical
Engineering at the City College of New York. I am familiar
with acoustics.
The residents of Frenchman's Creek want to be good
neighbors. The Hood Road Extension, being rerouted along
our border was not anticipated by our Community, and
while we are willing to accept "progress ", it is with the
condition that our Community remains a quiet Community.
To this end, as you may be aware, we have had many
discussions with Toll Brothers, resulting in an April 16
Letter of Understanding, in which Items 8 and 9, of that
agreement, state that a mutually agreed upon sound
engineer will recommend noise attenuation measures and
Toll Brothers will implement these recommendations.
10 Accordingly Toll Brothers is working with Mr. James
0
Mykytka and Frenchman's Creek is working with Professor
Stanley Dunn, who has a Ph.D. in Mechanical Engineering.
Each of these gentlemen has an impressive resume.
A preliminary report from Professor Dunn has been
submitted to this body. This report has also been sent to
Mr. Mykytka. To summarize, Dr. Dunn found that during
rush hour(8:30 — 9:OOAM), the traffic on Hood Road is
approximately 400 cars per hour. This number will increase
significantly once the Extension is built. Professor Dunn
recently visited Hood Road and took noise measurements
during rush hour. He found that the noise level during rush
hour, increased by approximately 100 times, compared to
quiet times of the day. This increase will become even
more dramatic once the road becomes a through road.
To ameliorate this problem Professor Dunn recommended
that a noise barrier be built between the road and
Frenchman's Creek. This barrier must be sufficiently high
to prevent people living in a 2 — story home in Frenchman's
Creek, from "seeing" a car on the Hood Road Extension.
This barrier could consist of a berm, which is
approximately 10 feet high, depending on the topography.
In places where the conditions do not permit the building of
such a berm, a combination berm and wall, or just an
acoustic wall could be employed.
I would like to point out that Professor Dunn has informed
us that the DOT has found that vegetation does almost
nothing to reduce the noise from vehicles.
i
Using standard, Federal DOT noise models, a preliminary
analysis indicates that during the rush hours, residents at
some points on Frenchman's Creek Drive, far from Hood
Road, would experience a low average noise level of
33dBA, but at some locations, near Hood Road, the noise
level might be as high as 51 dBA, i.e., about 60 times
noisier, if no barrier were in place. The two acoustic
engineers, Mr. Myktka and Professor Dunn, are both
working to determine the appropriate height and placement
of the barrier. However, their work is not complete, nor is
there any guarantee, that after the engineers agree, Toll
Brothers will agree to implement the appropriate barrier.
Therefore, it is the opinion of the Hood Road Committee
that no approval should be given to Toll Brothers to start
construction and their plans should not be accepted until
the acoustic engineers agree upon a strategy to sufficiently
attenuate the noise and Toll Brothers and the Frenchman's
Creek POA agree to the solution.
Thank you.
40
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0
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PLO
0
•
U
� Memorandum
To: Planning and Zoning Commission, Palm Beach Gardens
CC: Frenchman's Creek POA
From: Fred Barlow
Date: 1/9/01
Re: Toll Brothers PCD -99 -07
My name is Frei Barlow and I am resident of Frenchman's Creek. I am also co- chairman of an Ad
Hoc committee which represents most of residents who were directly effected by the Hood Rd. or
Flamingo Rd. realignment. In other words those residents who live along the south border of
Frenchman's Creek neat to the proposed Toll Bros. community.
During the long debates regarding the Hood Rd. realignment at the City Council and Palm Beach
County Commission, the commissioners felt it was very important that Toll Bros. work out their
mutual problems themselves with the surrounding communities before they vote on the location of
• the new road. They felt so strongly about this, they even postponed a vote on this matter for a month
so Toll Bros. and the surrounding communities could do exactly that.
Regarding Frenchman's Creek, we reached and signed an agreement with Toll Bros. (Memorandum
Of Understanding) on 4/17/00 and 4/18/00. I am a co-signer of this agreement. The Commission
was made aware of this and weighing other significant testimony voted for the present location for
the road providing the other conditions of the agreement were met.
So far we have found Toll Bros.most cooperative, however some issues are still under discussion and
should be settled very shortly. We therefore respeclfully request that final approval for the project
not be granted until you receive in writing affirmation of final agreement by the three parties who
signed the Memorandum Of Agreement on 4/17/00 and 4/18/00.
•
January 5, 2001
Karen T. Marcus
Board of County Commissioners
Governmental Center
301 N. Olive Avenue, 1P Floor
West Palm Beach, FL 33401
Fax: 355 -3990
Dear Commissioner Marcus:
As a result of the recently proposed rerouting of the Hood road extension, placing this
road adjacent to our Community, the Frenchman's Creek Property Owners Association
(POA) formed a Hood Road Committee. The purpose of this Committee was to ascertain
• how to best reduce the noise level produced by the traffic on this new road. I was asked
to chair this Committee because of my technical background (I have a Ph.D.(E.E.) and I
am Professor Emeritus of Electrical Engineering and familiar with acoustics). Other
members of the committee include, a well - known real estate developer as well as
residents located near the affected areas.
The residents of Frenchman's Creek want to be good neighbors. The Hood Road
extension being rerouted along our border was not anticipated by our Community, and
while we are willing to accept `progress'' it is with the condition that our Community
remains a quiet Community. To this end, as you are aware, we have had many
discussions with Toll Brothers, resulting in an April 16 Letter of Understanding, in which
Items 8 and 9, state that a mutually agreed upon sound engineer will recommend noise
attenuation measures and Toll Brothers will implement these recommendations.
Accordingly Toll Brothers is working with Mr. James Mykytka and Frenchman's Creek
is working with Professor Stanley Dunn (Ph.D. in Mechanical Engineering). These
gentlemen have impressive resumes.
A preliminary report from Professor Dunn is attached. This report has also been sent to
Mr. Mykytka. To summarize, Dr. Dunn found that during rush hour, the traffic on Hood
road is approximately 400 cars per hour. This number will increase significantly once the
extension is built. The sound level during a quiet period is, on the average 41dBA, but
during rush hour, 40 feet away from Hood Road, the average. is 61dBA. That is, 100
• times noisier!
FRENCHMAN'S CREEK
13495 Tournament Drive * Palm Beach Gardens, Florida 33410 -1299 * (561) 622 -8300 * Fax (561) 624 -2790
Commissioner Karen Marcus January 5, 2001 page 2
Using standard noise models, a preliminary analysis indicates that during the rush hours
residents at some points on Frenchman's Creek Drive, far from Hood Road, would
experience a low average noise level of 33dBA, but at some locations the noise level
might be 51dBA, ie., about 60 times noisier.
To ameliorate this problem Professor Dunn recommend a berm, which is 10 feet high. In
places where the conditions do not permit the building of such a berm, a combination
berm and wall, or just an acoustic wall could be employed.
It is the opinion of the Hood Road Committee that no approval should be given to Toll
Brothers to start construction and their plans should not be accepted until the acoustic
engineers agree upon a strategy to sufficiently attenuate the noise; and in addition Toll
Brothers and the Frenchman' Creek POA agree to the solution.
Sincerely,
is Donald L. Schilling, Ph.D.(EE)
Professor Emeritus of the School of Engineering
City College of New York
CC:
Mayor Joseph Russo, Palm Beach Gardens
Karen Craver, Principal Planner, Palm Beach Gardens, Fax 799 -4281
Eric Finkelberg, Toll Brothers Fax 637 -0262
James Mykytka, Reynolds, Smith and Hills, Fax (813) 289 -0263
•
01/06/2001 07:27 5614876896 DUNN PAGE 01
Dunn & Associates, Inc Consultants in Acoustics
P. O. Box 811438 Boca Raton, Florida 33481 -1438 561- 487 -6898
January 3. 2001
Mr. Bernie Puicelii
Frenchman's Creek
13495 Tournament Drive
Palm Beach Gardens, Florida 33410 -1299
RE: Acoustical Engineering — Toll Brothers Development and Hood Road
Dear Mr.Pulcelli:
Regarding the possible environmental noise impact from the proposed extension
of Hood Road through the Toll Brothers development project immediately to the south of
Frenchman's Creek, the following is provided.
As we have discussed, Frenchman's Creek is a luxury grade residential
community located in Palm Beach Gardens, Florida. Frenchmen's Creek is bounded on
the north by Donald Ross Road, on the east by residential development, to the west by
Alternate A 1 A, and on the south by the Toll Brothers property. The concern here lies
with the extension of Hood Road from Alternate Al A on the west to Flamingo Road on
• the east. This extension will lie along much of the southern boundary of Frenchman's
Creek, thus raising the concerns of the residents there as to the possibility of highway
noise.
Dunn & Associates has been retained by Frenchman's Creek to examine this
issue. In so doing, plans for Frenchman's Creek together with plans for the new Hood
Road extension have been provided. Information with regard to traffic on the new
facility has also been made available in order to permit forecasting of highway noise from
the new facility. In addition, the subject area has been visited for a visual inspection as
well as for making environmental sound level measurements with which to characterize
existing conditions.
With regard to the area and its current characteristics, the southern area of
Frenchman's Creek consists of large single - family homes that include several two -story
dwellings. Moving from the west to the east along Toulouse Drive, the homes are set on
the north side of this east west running road. A landscaped earthen berm of separates the
western most home from Alternate A IA. On the south side of Toulouse Drive, an
earthen berm of an estimated six to eight feet in height runs along the southern boundary
of Frenchman's Creek. The berm is heavily landscaped. As one reaches the point where
Toulouse Drive joins Frenchman's Creek Drive, homes are also situated on the south of
Toulouse Drive. These homes back onto the southern property line of Frenchman's
Creek and a water management pond.
01/06/2001 07:27 5614876898 DUNN PAGE 02
Moving further to the east, a berm less high lies along the southern boundary of
Frenchman's Creek. Frenchman's Creek Drive is then located just to the north and
another berm of some six feet in height is then located running along the road. North of
this berm are located single family homes, several of which are two story in design.
The areas along the southern extent of the development are generally very quiet.
For the homes closest to Alternate A I A, daytime traffic noise was audible though the
average sound levels were on the order of 51 dBA. Average sound levels are used here to
be consistent with environmental practice in the acoustical engineering community.
Also, maximum sound levels there were noted to be on the order of 54 dBA as a result of
traffic on Alternate AIA. Moving east, the average sound levels decrease quickly to
values ranging from 41 to 48 dBA. In the absence of any noise sources, the sound level
values are on the order of 41 dBA. Occasional passing traffic on Frenchman's Creek
Drive and aircraft overhead resulted in average sound levels on the order of 47 to 48
dBA. In any event, the amount of traffic was small and the area could be characterized as
a very quiet urban residential area.
The area overall is generally level in its character. Variations in terrain are not
great though some homes appear to be on slightly raised plots. While the area in
Frenchman's Creek is fully developed in residential single family in this area, the region
in the Toll Brother's property is undeveloped. On walking in the Toll Brothers' property,
it is possible to see that for the most part the berming along much of the property line
when viewed from the south does not appear to be as high as six feet along Frenchman's
Creek Drive. Vegetation rises much higher than that. However, one should remember
• that in this circumstance, vegetation, while effective as a visual screen, is of little effect
for noise abatement.
In addition, sound level measurements were made along the existing Hood Road
section to the west. These measurements provided a good comparison between measured
and predicted sound levels, giving confidence to the analysis. Along the existing Hood
Road between 8 am and 9 am, average sound levels some 40 feet from the road were on
the order of 61 dBA. Traffic during this time was comprised mainly of autos and light
trucks with an estimated hourly volume on the order of 400 vehicles. This compares to
the 5244 average daily traffic volume cited in the Hood Road Alternative Alignment
Study, some 9 or 10% of which might typically be present as an hourly volume during
this same time frame.
On examination of the possible sound levels that could be expected from the
Hood Road extension, we employed standard FDOT and FHWA noise prediction
methodologies. Traffic data from the Hood Road Alternative Alignment Study (Palm
Beach County, February 14, 2000) was used. As a result it was determined that for
ground level observers, average sound levels .from Hood Road traffic during the busiest
hour (morning and evening rush hours) would be on the order of 31 to 33 dBA at the
southwestern portion of Frenchman's Creek, some 44 to 48 dBA along the mid to eastern
part of Toulouse Drive (the closest distance between Hood Road and Frenchman's
Creek), some 44 dBA at the western end of Monet Drive, and some 46 to 48 dBA at the
C
01/06/2001 07:27 5614876898 DUNN PAGE 03
eastern end of Monet Drive. Observes at elevated sites such on second stories would
experience sound levels some 2 to 3 dB higher. The most significant effect would be in
the residence in the area where Toulouse Drive intersects Frenchman's Creek Drive and
further to the southeastern portion of the community. The homes backing onto the water
management tract may also have a more exposed position relative to noise from the new
road,
A comparison of the predicted traffic noise levels versus the range of existing
measured sound levels shows little change in levels in the portion of Frenchman's Creek
at the very west where Hood Road curves away from Frenchman's Creek. However, for
the reminder of the residences along the south of Frenchman's Creek, the noise from
traffic will be at or slightly above existing sound levels and will thus be audible. While
the impact in terms of raised total average sound levels is moderate (approximately +2
to3 dB), the traffic sounds can be expected to be audible where now there is no such
noise. This will be especially true for the areas closest to the extended road, slightly east
of AIA and near the eastern side of Frenchman's Creek as well as where the homes back
onto the water management tract.
Considering what might be done to mitigate these traffic sounds, a reduction of
some 5 to 7 dB would reasonably reduce the sounds to be for the most part inaudible or if
so, of such a level to be largely unlikely to constitute any substantive noise impact.
Accomplishing such a reduction could be done through the use of earthen berms or
combinations of earthen berms and walls. These structures could best be located along
• the new Hood Road extension and or at places where the existing berm along the
southern property line of Frenchman's Creek could be enhanced.
For a height of these structures on the order of six some noise reduction may be
achieved. However, we believe that a structure of this height, unless very close to the
source and sound absorbing, may have less than the desired result due to the manner in
which a modest barrier removes the benefit of ground effect yet does not provide
sufficient additional attenuation to provide a meaningful net benefit.
We would recommend that one should consider a berm or bean -wall combination
more on the order of 10 feet in height and not less than 8 feet in height. The I0 -foot
height would be the preferred recommendation, providing a greater margin given the very
quiet nature of the area at present. Furthermore, one should take into consideration the
fact that some of the homes along the south side of Frenchman's Creek are two - story.
This fact also argues for the use of a higher structure to afford some protection to the
upper stories as well.
An additional concern has been raised with regard to the noise that may result for
the use of golf course maintenance equipment on the Toll Brothers' property, especially
in the early hours of the morning. Once again, the strategic use of berms and walls within
the property or along the northern property line can be employed to manage this problem.
Also, increasingly, commercial garden equipment such as is used on greens and fairways
01/06/2001 07:27 5614876898 DUNN
by professionals is designed to be quiet through proper muffling of internal combustion
engines and or the use of hybrid power systems.
PAGE 04
At this point, we do not see any issues that are not amenable to practical solutions.
The next step would be to incorporate these elements in the details of the plans to be
developed for the Toll Brothers property. With detailed topography, one can model and
specify the height of the wall along the property to provide the required attenuation.
Flellg jame know if there are any questions,
Yours trily,
E. Dunn
•
•
Memo
T« Karen Craver, Principal Planner PBG Fax 799 -4281
Firm Bernie Polselli
CG Karen Marcus, County Commis aw Fax 355.3990
DrAw 12/22/00
lies Hood Road Extension Landscaping
Attached is a letter sent by the County Commissioners, to Mayor Russo, regarding
the agreement between Frenchman's Creek and other communities regarding the
landscaping along the Flood Road extension. In our meeting this past week I gave
you a copy of the formal agreement between Frenchman's Creek and Toll Brothers.
Toll Brothers and Frenchman's Creek have each engaged the services of sound
engineers to measure the sound levels along the roadway exdension along our
southern boundary. The engineers will be recommending the appropriate sound
barriers (berming, walls, landscaping,etc.) needed to minimize the sound that will be
generated by traffic.
As we indicated in our meeting with you this past week, we do not want any formal
landscape plan approved for the Hood Road extension until these engineering
studies are formally received and Frenchman's Creek and Toll Brothers reach a
mutual agreement regarding the appropriate sound barriers to be installed.
•
[;` ":� 01 2 2000
01 NCR C
\�ORI'D
P.O. Box 1989
ast Palm Beach. FL 33402 -1989
May 1, 2000
(561) 355 -2001
FAX: (561) 355 -3990
The Honorable Mayor Joseph Russo
www.co.palm•beach.fl.us
Mayor of City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
v
Re: Hood Road Alignment
Palm Beach County
Board of County
Dear Mayor
Commissioners
Maude Ford Lee. Chair
On April 18, 2000, the Board of County Commissioners held a public hearing to
consider an alignment for the extension of Hood Road east from Alternate A I A to
+rren H. Newell. Vice Chairman
Prosperity Farms Road. The Board voted and agreed to align the road on an
ren T. Marcus
alignment provided by Toll Brothers and as agreed to by Frenchman's Creek Home
0
Carol A- Roberts
Owners Association, and all of the other communities in the area, except for the
Sanctuary. That alignment extended from Alternate AIA through the Toll Brothers
Mary McCarty
property and connected to the existing Flamingo Road east to Prosperity Farms Road.
Burt Aaronson
Tonv_ htasilotti
The Board also directed the county staff to initiate a Comprehensive Plan
Amendment to reduce the right of way from 110' to 60' restricted to two lanes, and
to provide landscaping and buffering on the remaining or additional 50'. This would
include both the new road to be constructed, and the existing Flamingo Road.
County Administrator
In this regard, the Board has requested that in the process of issuing any development
Robert Weisman
approvals for property at this location, that the City of Palm Beach Gardens require
Toll Brothers to provide extensive landscaping and buffering along the road. This
presumably would be provided in the 50' that the County's Comprehensive Plan
identifies as additional land for this purpose, and on the existing Flamingo Road right
of way. Of course, the City could require even more buffering from the road and
Palm Beach County would be supportive.
At the public hearing, it was represented that specific agreements had been reached
between Toll Brothers and Crystal Pointe, Frenchman's Landing and Frenchman's
Creek. We are sure that to the extent that you feet appropriate, you will incorporate
those agreements into the development approval. However, there apparently was no
agreement reached with the Sanctuary. We hope that in spite of that, buffering and
landscaping will be required to be placed to the greatest extent possible on the north
W
ACII MOO
\L ®i.
Page 2
May 1, 2000
Hood Road Alignment
J
side of Flamingo Road. In that regard, the Board would ask that as part of your approval process you
consider possible shifts in portions of the existing Flamingo Road in order to better accommodate
additional landscaping adjacent to the Sanctuary. In doing so, however, we would not want to see
Frenchman's Landing negatively impacted
The Board of County Commissioners appreciates your cooperation in working with us and looks
forward to having another important, but beautiful road to serve the residents of the County.
• Sincerely,
4arren Newell,
Board of County Commissioners
cc: Honorable Maude Ford Lee, Chair, and Members,
Board of County Commissioners
Bob Weisman, Cou;.ty .Administrator
George T. Webb, P.E., County Engineer
Barbara Alterman, Assistant County Attorney
(; A COMMON \A'I -I'Y \W PDATA\ LANDUSC \BALTERMA \ADMIN \hdrdbccpbg.wpd
•
..... ..., o-. .J.) "d HULL m) & hivll,ul LW' (dJ003/0o8
RPR -16 -2000 14:45 TOLL BROTHERS - FLORIDA DIV 5616370262 P.03/03
MEMORANDUM OF UNDERSTANDING
REGARDING TUB HOOn ROAD ALIGNMENT ANA THE
FRENCHMAN'S CREEX BOUNDARY LINE
Frenchman's Crack and Toll have reached mutual agreement to the following torms with
respect to the Hood Road extension.
I. The road will be two lanes with a 60 -foot right -of -way. Berms, walls, vegetation, etc.
will. be maintained by Toll Brothers or successors.
2. At the west end of the proposed Hood Road extension, as it relates to our mutual
border, the distance from the Frenchmans Creek property line to the edge of travel
lane of the new road w111 be no less than 150 feet (see the attached engineering
drawing) at the northern point near Toulouse Drive.
S. The blood Road extension, as It is shown in the latest site plan,�'dips south to
incorporate a preserve. Toll agrees that the distance from Frenchman's Creek
property line to the edge of the north travel lane of the new road, from Lot 37 on
Toulouse Drive and east, will be no closer than 200 feet. It is understood that Hood
Road extension will connect to Flamingo Road and thW -the Road will be brought
north as required for the connection with e, reverse curve at the connection with
Flamingo Road as illustrated by the attached engineering drawing.
4. The area along Alternate AlA on the west and north side of the Hood Road.
extension will be restricted to residential or golf course uses.
5. The individual home owner's lot boundaries of proposed town homes, as shown on
the attached site plan, along Alternative AlA on the north side of the Hood Road
extension will be set back at least 50 feet from the Frenchman's Creek border. The
dwellings will have a height limit of two stories. Within this 50 -foot buffer all
existing trees will be preserved and a vegetated butter area will be maintained
between the ]at lines and the Frenchman's Creek boundary subject only to City and
• County approval. This 50 -foot buffer will be maintained by Toll Brothers and its
successors. These dwellings will not be built further east than shown in the site
plan dated 8129100.
6. Any maintenance facility or fire station will not be located adjacent to Frenchman's
Creek nor will it be any further north than is shown on the attached site plan dated
3/29100. The maintenance yard, if in this area, will be no closer than 700 feet to the
Frenchman's Creek boundary. If the maintenance yard is in this general area it will
be sound buffered. If ultimate plans include a firehouse it will be located at either
the north or south intersection of Hood Road and Alternative AlA.
7. Toll agrees that Frenchman's Creek at its option may add an emergency entrance
(public safety or evacuation) on the new Hood Road extension opposite Monet Lone,
subject to County and/or City approvals.
8. All buffering on the north side of the Hood Road extension will include native
landscape material. Trees will be Cabbage Palm, Dahoon Holly, Laurel Oak, Live
TnTnl P M
•
APR - 162000 14145 TOLL BROTHERS - FLORIDA DW 5616370262 P.02/03
Oak, Slush Pine, shrub matarial will be Coco Plum, Fire Bush, Juniper. I Saw
Palmetto. Berms and walls will be built in accordance With sound engineer's
recommendations. This will be done at Toll's expense Including any necessary
rclatod work on the Frenchman's Crook side of the boundary.
9. A mutually acceptable sound engineer will recommend noise attenuation measures.
See attached report.
10. Toll will provide financial security ("bond ") with regard to the cost of berms, walls.
vegetations, etc. reasonably acceptable to JYenchman's Creel:.
11. Toll agrees to make these commitments a part of governmental conditions of
approval for the development.
12. Toll agrees to complete any of the above physical improvements at the same time ass,
a I•Iood Road connection is constructed and Toll agrees to provide a'surety bond to
guarantee completion of such improvements in accordance with governmental
requirements. The berms and roads will be "staked" as soon as earth moving begins
within the development.
*
In view of the above commitments made by Toll, Frenchman's Creek POA and tho Ad Iloc
Committee agree to support Toll's recommended northerly alignment off the Ilood Road
extension both at the County and City levele. This includes roafftrmation at any County
Commission or City Council meetings. This does not preclude Frenchmazi s Creek POA or
Ad floc Committee from seeking to eliminate the .flood Road extensions.
All the above commitments are subject to City and/or County and /or Seacoast Utilities
approval.
The commitments in this letter will not be binding on Toil if Hood Road does not extend in a
northern alignment to connect with Flamingo Road other than the 50 -foot vegetated
adjacent property area, the location of the firehouse and maintenance areas, and the
• residential and/or golf club zoning.
The undersigned agree to the terms set
/ I forth in this letter
Its: Daniel Grosswald. Vice President
V4181 xlcseso U1
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1'rencbman's Creek FOA. Inc. Date
Frenchman's Creek Ad Hoc Date
Committee
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TOLL BROTHERS'
DEVELOPMENT
PREPARED FOR TOLL BROTHERS, INC,
PALM SEAOH GARDENS, FLORIDA
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DESIGN
SOUTH
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Sent By: UATHISON6 UATHISON;
501 024 0036; Apr•17.00 7:550U; Page 2
Ha.._,.d Perkins 561•,..5-6432 p.t
•pi,r .;4 ;00 08.31p PPGE at ,-
e4 182 /2BOB 211:52 5614076899
Dunn & Associates, Inc Coasufrones In Aeattrrits
P.O.Boxti11439 BotaRston, F1crida33481 -1431 56IA27.6898
April 1, 2000 01
0
CCy�U
Mr. Bernie Pulcelli
Frenchman's Creek
13495 Tournament Drive
Palm Death Gardens, Florida 33410-1199
RS: Acoustical Enemearing —Tall Bralhers Development
Deer Mr.Puleelli;
Reprding the subject of possible environmental [wire impact from the proposed /
'fall Brothers development project immedistely to the south of Frenchman's Creek, the �
following is provided relative to our'stiidyti 8ndigI to dam. u
Finach van's Creek is a luxtay grade rasideotid community located In palm
Beach Gardens, Florida Fronohroen's Creek is bounded on the north by Danald Rose
Road, on the east by Itsidentlal development to the west by Alternate AI*- and an the
south by the Tall Brothers property. 1bc concern hero lies with the extension of Hood
Rood from Alternate AIA anthe evert to Flamingo Rand an the east. Tbio endenslon will
Us slang much of the southern boundary of Fnsichman's Creek, thus raising the concerns
of the residents there ss to the pasar'kllity of highway wine.
Dunn & Associates bas fair ' Qhy Fienchman's Creek to examine this
Issue. In so doing, pbms fm Frearhmsa's Creek together with plans The the new flood
Road extension have been provided. ithmtnion with regard to traffic on tbo now
farrlity has also been mods nyaitabie In ardor to permit forecasting of bl ehway wise from
the new fLellity, In addition, the 'subjetAeit a has been vished'fot a visual inspection as
yell ea for making rnvironmentid saun3`Ilve1 ineasnteinente with Wbieh to characttxize
existing eondltion%
With regard to the area and Its tmmtit'ctur6cteristics, the sauthem tuta of
Frenchmen's Creek omistl of large single thmlly homes that include several two-story
dwellings. Moving fiom the west to the eart elnngrt'culoose Drive, The homes ere set on
the north side of Wi east west ntnning road. An euton berm squwas t11e western moat
home from Alternate AIA. On the south tide of Toulouse live, no earthen beam of
same rite to eight feet [a height iuni iloog the southern boundary ofFrenclmratt's Creek.
The berm is heavily laadscgpad. We One rtichts the polnYwhors Toulouse Drive join
'Frenchman's Cheek Drive, harp a. are alto situated on the south of Toulouse Drive.
These homes back onto the soutbtrdprbpdrty line of Frenchman's Creek and is water
menngcmea t POW.
S4nt By: MATHISONa MATHISON; SBt 024 0030; Apr•17.00 7tSSAM; Peg 3/4
.Apr 14 00 OSt32p m._d p.rkina 581•_S -6432 p•2
04182/1868 26:52 6614676830 13" PACE e2
Moving flusher to the test, a berm less high lies along the southern boundary of
Frenchmen's Creek. Frenchman's Creek Drive fatten loeamll4wt to the north and
another berm of some six feet in height Is then located running along the rood. North of
this beam me located single family homes, several of which arc two story In design.
The arcs along the southern oxmnt of the development is generally very quiet
For the homes closest to Alternate AIA, daytime traffic noise was audible though the
average sound levels were on the order of 51 dBA. Average sound levels are used here to
be oansisteot with enviromnentol practice in the acoustical engineering eommtudty.
Also, maximum mound levels there were noted to be on the order of 54 dBA as a result of
treftie on Alternate AIA. Moving east, the Aversec.sound levels decrease quickly to
values ranglrg from 41 to 48 dBA. In the absence of any noise sources, the values are on
the order of 4l dBA, Occeslooal perming traffic an Frenchman's Greek Drive and alroraft
overhead resulted In average sound levels on the order of 47 to 48 dBA. In any event, the
amount of traffic was :mail and the area could be characterized as a very quiet urban
residential area.
The area overall is gen&ally level in its chaviibler. Variations In terrain are small. +
Some Isomes appear to b4 bra slightly ridsgd'Iotm rd legererally In keeping for drainage
requirements. While & area lie Frehchinen's•Crci!'is fully developed in residential
single family to this area. the rc4lon in the Toll Boiler's pmpga is undeveloped. On
B Y
walking in the Toll 'BiD"', property, if is possible to iea that for the most part the
betming along much of tha'prnp'ertyline does not appear to be as high as six feet along
Frenchman's Creek Drive. Vegetailoti tlsai c;ueh highai flu ma that. Hdrever, one should
remember that to this cinvmsii vc4 vogitatlou, whiie effective as a visual screen, is of
little effect foi nisi abatement. " '' ' .
On examination of the possible iouid levels that Sould be expected from the
Hood Reed extension, -We dhpl6f ed iteridiird FDt7T arid FHWA noise prediction
methodologies. Traffic data ftonalbeTood Road �hg dve'Allgnment Sandy (palm
Beach County. February 14, iftp ' As'are$ult it was determined that for ground level
observers, average sound levels from Ilood Road traffic during the busiest hour (morning
and evening rush hours) would be oft the order of 311d 33 dBA at the soutbweatem
Parton of Frenchman's dB
rroek, some 4¢ to'41t A along the mid to eastern pert of
Toulouse Drive (the closest distF c oe batweert)lood Road end Frenchman's Creek), some
44 dBA at the western end of Mond I)hV6,ind $Dine 46 to 42 dBA at the esistean end of
Monet Drive. Observes it elevated aitei such -on secbnd stories would experience sound
levels some 2 to 3 dB ldgber. The inost {igmificanl cfi'eci would be in the residence in the
oxen where Toulouse Ddvc l6teree5ts Ffinchmen'3 Creek Chive and Anther to the
southeadam portion of the corruo rawly.
err•. _ r.>w.ma•.
• A comparison of these initial'predicted traffic noise levels versus the range of
existing sound levels shows little, vhaagq at Iha. vary VIOL For the reminder of the
residences slang the south of F{epe}un- *Cie?JS the noise from traf . will be at or
slightly above existing sound 16 ii end Will thus be'a,dible, While the impact in terms
•
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Sent gy: MATHISON& MATHISON; 561 624 00361 Apr•17.00 7:56AM1 Page 414
"Rpr :4.00 OSS32P Ma._a Perkins 561•_5 -6432 PAGE 63.3
64/62/068 26:52 5614676698 UN:. ,
sound levels is moderate (,pppxhirialy +2 t03 dB), the traffic
of raised total average
can be eirpccted to be audible where now there Is no such noise.
aoundd
Considering what might lie done to nit ll"UMMese etaffiasatunds, a rcducdO If of
sounds to be for the most part irtevdi
some 5 d13 would reasogahle reduce the
level to be largely nnlllmly.to colidinne any spbddative 00190 impact.
of such a
wecomptiehkng sash a tcduedre eeuld be done through the use of earthe0 barns or
'rime could along belt he
eovtb'mstions of earthen berms and wails- shueturea
and or beta along the
the new Hood Read extension
southern property line of Fre0ehaian . &ek could be enhanced. The actual height of
be or The order of six ro eightt.feet. Amore detailed analysis
these structlirea should
taking into account terrain contours may bra employed. m specify these height..
An concern has been reused with regard to the noise that may result for
additional
the use of golf eouree atointoranca equipment on the Toll Brothers' property. especially
to Lows of the morning, once age, "str�gie use of bama and walls within
the early
the property of along thq gndblin plr_c1q..1iric canuie oei Is used lr manage this airways '
* .. lwgNtden alrip»> n1i h u b used on graced end fairways .�
Also, lncz=ingly, eamin
by profesdonats 19 desi®gt to �9 quiet lhmo 0 proper muf0log of intesnal aombuslion
ongines anti or the 1 118 of 11:*W: P ".. .ii.
At this point; we der 1101 ice my iesues,thel aiv nol scimble to preedcal solutions•
we would suggest that the next step is to explore Ikiposdiat . jTall tp fothas on these
Ilse next p would be t0
Issues. Once geldng agreetuont_!+n!e.dircctione.Fp proceed,
incorporated these elameate ii Jill s 0atstl4 o j the plsgs to be developed for the Toll
Brothers property. :•� .
P know iftht are' any queddoris'arising at this point
Yo 1. . .
It
ey 13. Doan
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J,n 10 01 03:09p Lisa
561- 684 -6890
p.2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME . MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE
GLIDDEN, JOHN
PLANNING & ZONING COMMISSION
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A
8 HUNTLY CIRCLE
UNITOF:
X CRY COUNTY OTHER LOCAL AGENCY
CITY PALM BEACH GARDENS COUNTY PALM BEACH
NAME OF POLITICAL SUBDIVISION:
CITY OF PALM BEACH GARDENS
DATE ON WHICH VOTE OCCURRED January 9, 2001
MY POSITION IS:
ELECTIVE X APPOINTIVE
wi , I1"i uLnvi I unlw�lv�
.JAN 1 0 2000 WHO MUST FILE FORM 80
This form is f NIQ pr2Z U% �erving at the county, city or other local level of government %n��n appointed or elected
board, council, commission, authoritty, or committee. It applies equally to members of advisory an advisory bodies who
are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requiremr`�f� this law are
mandatory; although the use of this particular form is not required by law, you are encouraged to w in m5i the
disclosure required by law. P ® A'0
Your responsibilities under the law when faced with a measure in which you have a conflict will v�> tly ding o�
whether you hold an elective or appointive position. For this reason, please pay close attention to the 14ions on this form
before completing the reverse side and filing the form. "OFAr
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
insures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which insures to
the special gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, orother local public office MUST ABSTAIN from voting on a measure which insures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which insures to the special
gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE
WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision) with the person responsible
for recording the minutes of the meeting, who will incorporate the form in the minutes.
A copy of the form should be provided immediately to the other members of the agency.
The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
l J�tn 10 01 03:10p Lisa 561 - 684 -6890 p.3
ti
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, John Glidden, hereby disclose that on JANUARY 9, 2001:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain; or
- ,inured to the special gain of mlD-X
(b) The measure before my agency and the nature of my interest in the measure is a follows:
by whom I am retain
1" "I
MARINA GARDENS PUD RAILING & AWNING COLOR MODIFICATION - PLANNING & ZONING MEETING
CITY OF PALM BEACH GARDENS
JAN 10 2000
1
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY,
REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
G: IADMIMPERSONALUGHMP SZIMGCONF.WPD Page 2