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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. 0 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 • Planning & Zoning Commission Minutes 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 2 • Planning & Zoning Commission Minutes 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. 3 • Planning & Zoning Commission Minutes January 9, 2001 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 4 Planning & Zoning Commission Minutes 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 5 • Planning & Zoning Commission Minutes 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). 6 Planning & Zoning Commission Minutes 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). 7 Planning & Zoning Commission Minutes 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). • 8 . Planning & Zoning Commission Minutes January 9, 2001 n U 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). r. Planning & Zoning Commission Minutes 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 10 Planning & Zoning Commission Minutes 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 0 11 Planning & Zoning Commission Minutes 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) 12 Planning & Zoning Commission Minutes 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. • 13 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 • AW a Ed a • w 0 0 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 • 1'rencbman's Creek FOA. Inc. Date Frenchman's Creek Ad Hoc Date Committee • T IL • c O F 9 w z I7 v u 1AA a 1 usu b3uu Iwllntiu_s�L ll7 LLP i 0005/008 • • • c 1 r .z M 6 T n +C f1 !I u • I • I �� 1 ; iii ►II� lil1E��lpilfi llt'�lif e l !I ' I !I ► Ei�' Iii ilk � ii���i��'►IE; n. !!!��! liclltEllF► E!c!�lE,4. r•� .... 1�� ......+can's �✓C�x�rR� R.a.�atg __ TOLL BROTHERS' DEVELOPMENT PREPARED FOR TOLL BROTHERS, INC, PALM SEAOH GARDENS, FLORIDA �!r I LANDJ[j DESIGN SOUTH br��Md�a01w lbElbAp • 0 10000/008 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 • • 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 • 4`, r' 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