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HomeMy WebLinkAboutMinutes P&Z 081490• • • CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION AUGUST 14, 1990 REGULAR MEETING The Regular Meeting of the City of Palm Beach Gardens, Florida, was called to order by Chairman Jeffrey Ornstein, at 7:30 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, FL and opened with the Pledge of Allegiance to the Flag. The roll was called by the secretary, and present were: Jeffrey Ornstein, Chairman; Mike Rosen, Vice Chairman; Alan Strassler, Joseph Hamzy, Domenick Lioce, Jack White, Members; Carl Sabatello, Alternate Member. Rebecca Serra and James Leatherman were not in attendance. APPROVAL OF MINUTES OF JULY 24. 1990 The minutes of the meeting of July 24, 1990 were unanimously approved. SP -90 -10 - (Steeplechase Guardhouse) Site Plan review for con- struction of a gatehouse at the Lake Park West Road and Haverhill Road entrance of the Steeplechase PUD and the card gate entrance at the Beeline Highway entrance. (23 & 26- 428 -42E) Mr. Alan Strassler stated he has a conflict with this petition and will not participate in the discu's4'1 ?o' ''br vote �z Mr. Bristol Ellington, City PlarinF r, gave'a presentation of the staff report, including eight condi %ior cf approval, dated August 9, 1990. Mr. Ellington stated staff recommends approval of the petition with seven of the eight conditions; condition number 2 being stricken from the motion. In addition, condition number 1 is reworded to read: "The homeowner's association shall be responsible for adhering to Section 153.24 of the City's Landscape Code, 'Vehicular Accessways through Perimeter Land- scaped Strips', for a standard maintenance condition." Mr. Jeffrey Ornstein asked how a car would turn around at the Beeline Highway gate if there will be a sign there directing • visitors without a card to the Northlake Blvd. gate. Mr. Steve Mathison, agent for the petitioner, stated the turnaround is on the inside of the gate because that is all they have control over. Mr. Mathison stated the petitioner agrees with the condi- tions of approval with some changes. Mr. Mathison suggested instead of homeowner's association in condition 1, the Safe Neighborhood District should be responsible for the maintenance. Mr. Rich Walton, Planning and Zoning Director, stated he would like to talk to the city attorney on the wording of this condition. Mr. Joseph Hamzy questioned the potential slowing of traffic on Northlake Blvd. because there is no turn lane into the project. • Mr. Mathison stated the traffic analysis showed that link was not absolutely necessary. Mr. Carl Sabatello suggested there be a structural post or column between the curb and the guardhouse for protection. Mr. Mike Rosen made a motion to recommend approval to the City Council for the above - referenced petition with the following conditions: 1. The Property Owner's Association will be responsible for maintenance per Section 153.24 of the City's Landscape Code, "Vehicular Accessways Through Perimeter Landscaped Strips ", for a standard maintenance condition. 2. A signage plan using DOT specifications advising of a main gate on Northlake Blvd. for visitors or deliveries shall be erected at the Beeline Highway entrance. 3. High pressure sodium lighting shall be used for good visibility. • 4. A device such as a caution sign shall be used to keep traffic slow upon entering from Northlake Blvd. 5. Prior to the issuance of the building permit, the petitioner shall receive approval from the Police Department for the security system proposed for the pedestrian access gate. 0 C • This access gate shall be installed in conjunction with the electronic card gate system proposed at the Beeline Highway entrance. 6. The concrete header curb at the turnouts off Northlake Blvd. shall be increased to 35' radius. 7. The "concrete Curb" detail shall show a continuous No. 4 rebar. Mr. Joseph Hamzy proposed an amendment to the motion which states that a turnaround be provided at.the Beeline entrance to the project recognizing that it can occur adjacent the commercial area but that it could occur by moving the gate further into the development and that a turnaround outside the gatehouse or a right turn lane offering protection for someone trying to get out of the project at Northlake Blvd. Mr. Rosen seconded the amendment to the motion. Mr. Sabatello asked if the guardhouse on Beeline Highway is pushed to the north, what would happen to lot 1. Mr. Mathison stated this would have to be examined. The amendment to the motion was defeated 3 to 3. Mr. Sabatello, Mr. Nick Lioce and Mr. Jeff Ornstein voting against and Mr. Alan Strassler abstaining. Mr. Hamzy made another an amendment to the motion which states the Beeline Highway entrance gate be moved to the north suffi- ciently so that a turnaround can be constructed south of the gate. Mr. Lioce seconded the amendment to the motion. This amendment passed with a 5 to 1 vote. Mr. Sabatello voted against and Mr. Strassler abstained. The amended motion passed unanimously with a vote of 6 to 0. Mr. Strassler abstained from voting. PUBLIC HEARING: AS -90 -03 - Recommendation to City Council re: (MacArthur Foundation Properties Annexation) Annexation, under Palm Beach County Development Regulations, of 10,217± acres, located, in general, north of PGA Blvd., northeast of Beeline Hwy., south of the proposed Donald Ross Rd. extension, west of the Florida Turnpike and east of "Caloosa" Subdivision (Area 1); of 1,653± acres, located, in general, southwest of Beeline Hwy., • north of Lake Park West Road (a /k /a Northlake Blvd.), south of the proposed North County General Aviation Facility (Area 2); 1.01± acres, located, in general, on the east side of Alternate A -1 -A, between PGA Blvd. and Burns Rd. (Area 3); 6.62± acres, located, in general, north of Lake Park West Rd. (a /k /a/ North - lake Blvd.), south of the Earman River, between the C -17 Canal and Alternate A -1 -A (Area 4); 28.31± acres, located, in general, 1,000 feet south of Lark Park West Rd. (a /k /a Northlake Blvd.), east of the Interstate 95, immediately west of the C -17 Canal. (The request includes the following sections in Township 41 South and Range 41 East: 23, 24, 25, 26, 27, 35 and 36. Sections in Township 41 South, Range 42 East: 19, 20, 21, 28, 29, 30, 31 and 32. Sections in Township 42 South, Range 42 East: 5 and 6. Sections in Township 42 South, Range 41 East: 1, 2, 11, 12 and 13. Sections in Township 42 South, Range 43 East: 7, 18 and 19.)(Adv. 7/30/90)(To be recessed) Mr. Ellington stated due to an error in the July 30, 1990 news- paper advertisement for this Public Hearing, the petitioner has requested that the Public Hearing be postponed until August 28, 1990. The petitioner has submitted additional information for • the readvertising of the Public Hearing. Chairman Ornstein opened the Public Hearing and recessed it to the Planning and zoning Commission meeting on August 28, 1990. PUBLIC HEARING: AS -90 -02 - Recommendation to City Council re: (Starwood Annexation) Annexation of a 81.9± acre site located approximately 1,300 feet west of Prosperity Farms Road, immedi- ately north of Frenchman's Landing and west of Crystal Pointe residential subdivisions. (Adv. 7/30/90) (29- 42S -43E) Mr. Ellington reviewed the staff report dated August 9, 1990. Chairman Ornstein opened the Public Hearing. There being no comments from the public, Chairman Ornstein closed the Public Hearing. Mr. Lioce made a motion to recommend approval to the City Council of the above - referenced petition subject to the County zoning. Mr. Hamzy seconded the motion. The motion carried unanimously. Continuation of 7124190 Planning & Zoning Commission Meeting = Recommendation to City Council re: Z -89 -09 (Wynfield PCD, F.R.A. Millpond) Rezoning from Palm Beach County designation AR, Agri- cultural Residential District, and RS, Single - Family Residential District, to Planned Community District (PCD) for a 1,700 -unit residential community and a 19 -acre village center on 595.26± acres, located on the east side of Alternate A -1 -A, west of Prosperity Farms Road, approximately one mile north of PGA Boule- vard, and south of Frenchman's Creek and Frenchman's Landing. (Recessed from 12/12/89, 1/23/90, 2/27/90, 3/27/90, 5/22/90 meetings and continued from 7/24/90 meeting.)(31 &32- 41S -43E) Chairman Ornstein stated at the last meeting, the Commission held a Public Hearing and closed the Public Hearing. This meeting is an extension of the discussion within the Commission. Therefore, there will be no public input. Mr. Ellington reviewed the August 9, 1990 staff report. Mr. Ellington stated staff is recommending denial of this petition based on insufficient information submitted for the comparison of the site plan to the City's Environmentally Significant Lands • Ordinance. Additionally, staff questions the feasibility of 1,700 dwelling units assuming the cost of traffic improvements required by the County's Traffic Ordinance. Granting approval of this petition allows the project to move forward to a point where road improvements prohibits further construction, leaving a partially constructed development. A discussion ensued regarding a school on the site, traffic and environmental issues. The Commission asked how this project compares to the new Palm Beach Gardens' environmental ordinance even though the petition is vested. Ms. Sara Lockhart, from Urban Design Studio, agent for the Peti- tioner, addressed the Commission and discussed environmental issues. Mr. Skokowski stated the petitioner is not sure how this project compares with the new environmental ordinance because it depends on how this ordinance is going to be interpreted and how it is going to be applied. • A discussion ensued regarding environmental issues. Chairman Ornstein asked the petitioner if the 14.5 acre park site was considered for a school site. Mr. Skokowski stated that was not an option because of the size of the parcel and limitations in terms of wanting to combine two schools or expand the existing school. Mr. Lioce asked the petitioner if they would be willing to give the 14.5 acre park to the school board instead of donating it to the City. The petitioner replied they would not be opposed to the school board getting the 14.5 acre park. Mr. Skokowski stated Condition #10 on Ken Roger's list of traffic • conditions is essentially the same as Condition #16 on staff's list of conditions. Mr. Skokowski stated he would like to delete Condition #33 of staff's list of conditions. The Commission agreed to delete Condition #10 on Ken Roger's list of traffic conditions and Condition #33 of staff's list of condi- tions. Mr. Skokowski stated he would like to delete "perimeter buffers" in Condition #21 of staff's list of conditions, or change it to read "perimeter buffers A, B and D ". The Commission agreed to the changed wording. Mr. Skokowski stated he would like Condition #27 of staff's list of conditions to be deleted. Staff stated the condition would be changed to read: "If for any reason the PCD concept plan is changed by any outside agencies as determined by the City Administration, the proposed change(s) • • must be reviewed by the City Council or their designee." Mr. Rosen made a motion to recommend approval of the above- refer- enced petition to the City Council with the 12 conditions from Ken Roger's letter of August 9, 1990, 1 condition from David Getz's letter of August 9, 1990 and Staff's list of 38 condi- tions. In addition,, the Commission directed that the petition will return to the Planning and Zoning Commission for full site plan and zoning review if the site plan is revised in any way at the City Council level. The combined list of conditions is as follows: MASTER PLAN CONTROL Section 1. Maintain the following defined density designa- tion: LOW 0 - 4 du's /acre MEDIUM 4 - 8 du's /acre HIGH 8 - 12 du's /acre The average of all high density PUD's shall not exceed 10 du's /acre. Section 2. Parcels B, C, H, I, J, K, and N designated as low density, as indicated on the Master Plan dated 1 -3 -90 shall be maintained as single - family detached housing. Section 3. Individual parcel development setbacks shall be established at the time of PUD approval of each development parcel. However, no PUD shall be located within the perime- ter buffer. TRANSPORTATION Section 4. The Applicant shall maintain minimum City of Palm Beach Gardens Road Standards on all interior right -of- way, as defined. As a minimum, the development shall comply with City Subdivision and Zoning Codes as to required right - of -way and construction standards for on -site road and drainage improvements. Section 5. The Hood Road Extension from Alternate A -1 -A to Prosperity Farms Road shall follow the existing east /west • utility easement, as indicated on the Master Plan dated 1 -3- 90. If another alignment is required, the petitioner shall amend the Master Plan by subsequent resolution. Section 6. Prior to the issuance of certificates of occu- pancy for any land uses other than model homes /sales center, is • the applicant Alternate AlA construction improvements: shall construct two lanes east to the project's main shall include the following of Hood Road from entrance. This intersectional a. At the intersection of Hood Road and the project entrance - Eastbound right turn lane. b. At the intersection of Alternate AlA and Hood Road: 1) Westbound left turn lane 2) Westbound through lane 3) Westbound right turn lane 4) Northbound right turn lane 5) Eastbound through lane 6) Southbound left turn lane Prior to issuance of any certificates of occupancy for any land uses other than model homes /sales center, the applicant shall have constructed the above - listed improvements. Section 7. The applicant shall conduct traffic signal warrant study(s) to determine the need for signalization of the Alternate AlA /Hood Road intersection. This study(s) shall commence one year from the issuance of the first certificate of occupancy for any land uses other than model homes /sales center and shall continue for every year until the signal is warranted and approved. This monitoring shall be conducted yearly for a maximum of one year following the issuance of the final certificate of occupancy or until such time that the signal is installed. Section 8. The applicant shall install a traffic signal at the intersection of AlA and Hood Road when warranted and approved by the appropriate governmental agency. Section 9. Within six months of the platting of Parcel C2 or Parcel N, whichever is later, the applicant shall begin construction of two lanes of Hood Road from the project entrance eastward to Prosperity Farms Road. This construc- tion shall include the following intersection improvements: a. At the intersection of Hood Road and the project entrance: 1) Westbound left turn lane 2) Northbound left turn lane 3) Northbound right turn lane b. At the intersection of Hood Road and Prosperity Farms Road: 1) Eastbound left turn lane 2) Eastbound right turn lane 3) Northbound left turn lane These improvements shall be complete and open to the public prior to the issuance of any certificates of occupancy for more than 1,300 residential units. Section 10. Following the completion of construction of Hood Road from the project entrance to Prosperity Farms Road, the applicant shall conduct traffic signal warrant study(s) at the project entrance /Hood Road intersection to determine when signal warrants are met. This monitoring shall be conducted yearly for a maximum of one year follow- ing the issuance of the final certificate of occupancy. If, during this time frame, traffic volumes meet signal warrants and a signal is approved, the applicant shall be responsible for the installation of said signal. If signal approval does not occur prior to the buildout of the project, the applicant shall post a bond concurrent with the approval of the last plat for construction of said signal at the intersection of Hood Road and the project entrance. This bond shall be in full effect for one year following the issuance of the final certificate of occupancy for any land uses within the project. Section 11. Following the completion of construction of Hood Road from the project entrance to Prosperity Farms Road, the applicant shall conduct traffic signal warrant study(s) at the Prosperity Farms Road /Hood Road intersection to determine when signal warrants are met. This monitoring shall be conducted yearly for a maximum of one year follow- ing the issuance of the final certificate of occupancy. If, during this time frame, traffic volumes meet signal warrants and a signal is approved, the applicant shall be responsible for the installation of said signal. If signal approval does not occur prior to platting of the last development parcel or prior to the buildout of the project, the appli- cant shall post a bond concurrent with the approval of the last plat for construction of said signal at the intersection of Hood Road and Prosperity Farms Road. This bond shall be in full effect for one year following the issuance of the final certificate of occupancy for any land uses within the project. Section 12. In order to conform to the mandatory phasing requirements of the Palm Beach County Traffic Performance Standards Ordinance ( #87 -18), the applicant shall adhere to the following phasing schedule: MAXIMUM DU's PRIOR TO COMMENCEMENT IMPROVEMENT OF IMPROVEMENT REQUIRED ROADWAY LINK 195 DU's Add 2L (4LD) Prosperity Farms Road Idlewild Ct. to PGA Blvd 305 DU's Add 2L (4LD) Military Trail Indian Creek Pkwy to Hood Rd • 380 DU's Add 2L (6LD) Alternate AlA Gardens Blvd to PGA Blvd MAXIMUM DU's PRIOR TO COMMENCEMENT IMPROVEMENT OF IMPROVEMENT REQUIRED ROADWAY LINK • 380 DU's Add 2L (4LD) Donald Ross Road Prosperity Farms Rd to US 1 (including Intracoastal bridge) 390 DU's Add 2L (6LD) Alternate AlA Hood Road to Gardens Blvd. 880 DU's Add 3L (5L) Prosperity Farms Road Lone Pine Rd to Idlewild Ct 975 DU's Add 2L (6LD) Alternate AlA Donald Ross Rd to Hood Rd 1,010 DU's Add 2L (5L) Prosperity Farms Road Burns Rd to Northlake Blvd 1,025 DU's Add 2L (4LD) Hood Road Military Tr to Alternate AlA 1,060 DU's Add 1L (8LD) PGA Blvd I -95 to Alternate AIA 1,240 DU's Add 2L (6LD) US 1 Marcinski Rd to Donald Ross • 1,270 DU's Add 2L (6LD) Alternate AIA Fred Sm Rd to Donald Ross Rd 1,350 DU's Add 3L (5LD) Prosperity Farms Road Hood Road to Lone Pine Rd 1,375 DU's Add 2L (6LD) Alternate AlA Indiantown Rd to Fred Sm Rd 1,400 DU's Add 2L (6LD) Donald Ross Rd Alt AlA to Prosperity Farms 1,460 DU's Add 2L (4LD) Prosperity Farms Road Donald Ross Rd to Hood Rd 1,490 DU's Add 2L (4LD) Hood Road Alternate AlA to site NOTE: This plan assumes that the Hood Road extension from Alternate AlA to Prosperity Farms Road is built in the initial phases of the development. Section 13. In order to comply with the assured construc- tion provision of the Palm Beach County Traffic Performance • Standards Ordinance ( #87 -18), the applicant shall provide the construction plans, provide suitable surety to guarantee the construction of, and construct the following roadway sections: IMPROVEMENT ESTIMATED REQUIRED ROADWAY LINK TOTAL COST Add 2L (4LD) Prosperity Farms Road $ 267,000 ** Idlewild Ct to PGA Blvd Add 2L (4LD) Military Trail $ 4,336,000 Indian Creek Pkwy to Hood Rd Add 2L (6LD) Alternate AIA $ 1,535,000 ** Gardens Blvd to PGA Blvd Add 2L (4LD) Donald Ross Road $33,006,000 Prosperity Farms Rd to US 1 (including Intracoastal bridge) Add 2L (6LD) Alternate AlA $ 2,700,000 ** Hood Road to Gardens Blvd Add 3L (5L) Prosperity Farms Road $ 644,000 Lone Pine Rd to Idlewild Ct Add 2L (6LD) Alternate AlA $ 1,149,000 ** Donald Ross Rd to Hood Rd Add 2L (5L) Prosperity Farms Road $ 2,268,000 Burns Road to Northlake Blvd Add 2L (4LD) Hood Road $ 667,000 Military Tr to Alternate AlA Add 1L (8LD) PGA Blvd $ 445,000 I -95 to Alt AIA Add 2L (6LD) US 1 $ 895,000 Marcinski Rd to Donald Ross Add 2L (6LD) Alternate AlA $ 814,000 Fred Sm Rd to Donald Ross Rd Add 3L (5LD) Prosperity Farms Road $ 760,000 Hood Road to Lone Pine Rd Add 2L (6LD) Alternate AlA $ 1,594,000 Indiantown Rd to Fred Sm Rd Add 2L (6LD) Donald Ross Rd $ 1,007,000 Alt AlA to Prosperity Farms Add 2L (4LD) Prosperity Farms Road $ 1,668,000 Donald Ross Rd to Hood Rd Add 2L (4LD) Hood Road $ 858,000 Alternate AlA to site • * INCLUDED IN COUNTY FIVE YEAR ROAD PROGRAM ** PROPOSED BY THE REGIONAL CENTER NOTE: This plan assumes that the Hood Rd. extension from Alt. AlA to Pros. Frms. Rd. is build in the initial phases of the development. Section 1. Alternate • road, the Alternate a. b. C. 4. As part of the widening of Hood Road from AlA to the project entrance to a four lane divided applicant shall construct at the intersection of AlA and Hood Road: Westbound dual left turn lanes Westbound two through lanes Westbound right turn lane Section 15. The project's entrance road shall be designed to allow for northbound dual left turn lanes at the Hood Road intersection and the guarded entrance shall have a minimum of three (3) southbound approach lanes. Section 16. The requirement for turn lanes on internal roads shall be addressed at PUD approval. Section 17. Prior to the issuance of building permits for any uses other than model homes /sales center, the applicant shall dedicate the required right -of -way for Alternate AIA, Hood Road, Prosperity Farms Road and an expanded intersec- tion at Hood Road and Alternate AlA. Section 18. In the event that all PUD's in the Wynfield development and one building permit in each are not approved in eight (8) years from the date of the PCD approval, the City may at its sole discretion review and /or modify these conditions based on the current regulations in place at the time including, but not limited to, transportation, drain- age, water and public facilities. Existing PUD approvals that have received building permits will be vested. DRAINAGE Section 19. The Applicant shall provide a salinity control structure along the tidal canal at the south boundary line of the Maheu Subdivision and that a Unit of Development be created with the Northern Palm Beach County Water Control District for the operation and maintenance of the drainage system. Prior to the first Certificate of Occupancy for any residential unit all criteria by law to assess, operate, and maintain said unit, must be met. Section 20. The drainage for Hood Road between Alternate A- 1-A and Prosperity Farms Road shall be accommodated in the design of the project's drainage system. Section 21. The applicant shall obtain the additional right -of -way for Hood Road extension between Frenchman's Creek and Frenchman's Landing. COMMUNITY IMPACTS • Section 22. The Applicant shall be subject to the Palm Beach County Aggregate Impact Fee Ordinance and any Palm Beach Gardens' ordinances in effect at the time of building permit application. LEGAL /PROJECT MANAGEMENT Section 23. Development of the Planned Community District • shall be as Planned Unit Developments under the procedures and requirements of Palm Beach Gardens Code of Ordinances. Section 24. During the construction of this project, the Applicant shall, annually from the date of this Order, pro- vide the City of Palm Beach Gardens and the County of Palm Beach a written summary of completed construction to the project to date, anticipated amendments, and a schedule of proposed construction through the remaining years of con- struction. Section 25. The Applicant shall, annually from the date of this Order, meet with the City Manager and any other govern- mental agency so designated by the City Council, for the purpose of informing the City of the present status and updated growth projections of the development. The City Manager may, from time to time, require such other project information that may be necessary to conduct the administra- tive fiscal affairs of the City. Section 26. A Property Owner's Association shall be estab- lished prior to construction permit of any dwelling units in the project. This document(s) must include the legal frame- work as well as the design guidelines (i.e., landscaping, etc.) Said document must be approved by the City Attorney. • Section 27. In the event that the construction of any im- provements which are specified in the conditions herein are not undertaken by any other entity, the Applicant may, at its sole option, undertake to construct any or all said improvements in accordance with the terms and conditions of an agreement to be entered into by and between the Applicant and applicable governmental bodies or agencies. In the event the Applicant undertakes to construct said improve- ments, the City may, to the extent legally possible, use its powers of eminent domain to assist in acquiring all neces- sary rights -of -way for the construction thereof at the sole expense of the applicant. Section 28. The term "Applicant" shall include Wynfield, the developer and /or successors and assigns, in whole or in part. SITE PLAN REVIEW /PUD Section 29. No land clearing or tree removal will be allowed without written approval of the City or Urban Forester. No excavation will be allowed without written approval of the City Engineer. In addition, pursuant to the submitted Master Plan, the applicant may remove existing trees in common areas not subject to PUD review and approval, only upon field inspec- tion and approval of the Urban Forester. Section 30. As a part of the application for each PUD ap- proval, the following shall be submitted: • a. Horizontally controlled aerial. b. Tree inventory and tree analysis prepared by a registered landscape architect or similarly quali- fied professional, which for trees with a caliper of 3 inches or more describes type of trees, location and caliper. C. A perimeter buffer design in accordance with buffer Exhibits d. An inventory of endangered, threatened, and rare species and species of special concern both plant and animal. e. All jurisdictional boundaries of all agencies with jurisdiction over the project site (i.e. S.F.W.M.D. and Army Corp of Engineers) shall be defined. Providing in any event that the petitioner, prior to filing a PUD application, shall meet with the Planning and Zoning Director or his designee to review the site and surrounding areas pertaining to existing shrubbery and vegetation on site. • Section 31. If a multi - family project is developed in a PUD parcel abutting a landscape buffer shown as an easement on the concept plan, the landscape buffer shall be dedicated to a homeowners' association for common ownership and mainte- nance. Section 32. For those PUD's submitted for site plan review that abut an upland or wetland preservation /common area, the site plan shall include the entire portion of the preserva- tion area that abuts the PUD's boundary. Section 33. The applicant shall provide a minimum setback of 40 feet for ALL structures from all environmental juris- dictional areas of the FDER, SFWMD and US ACOE. Further, lot lines will not extend into environmentally designated jurisdictional areas, perimeter buffers along public road- ways, residential pathway parks or other preserve areas. Section 34. The applicant shall submit to the City copies of all permits applied for and subsequently approved by the applicable environmental agencies. Section 35. Prior to the issuance of the first building permit for each PUD, the applicant shall selectively remove the invasive tree species of Australian Pine, Brazilian . Pepper and Malaleuca from within the PUD and abutting pres- ervation areas and buffer areas unless these trees are prop- erly managed to reduce their invasive character per the advise and written approval of the City. Section 36. Motorized boat access and use shall be prohib- ited from all fresh water bodies. • Section 37. With regard to wildlife species that are rare, endangered or of special concern on the property, the appli- cant shall prepare a management plan 150 days after the PCD approval and shall receive approval from the Department of Natural Resources (DNR) prior to any clearing, grading or PUD submittal. Section 38. With regard to preservation areas, lakes, wet lands, pathways, and buffers, the applicant shall prepare a management plan (i.e. tree protection, maintenance, etc.) 150 days after the PCD approval, acceptable to the City administrative staff, that shall be a part of the homeowners association documents. Section 39. If for any reason the PCD concept plan is changed by any outside agencies as determined by the City Administration, the proposed change(s) must be reviewed by the City Council or their designee. Section 40. All protected trees, "preserves ", and buffers shall be flagged and protective barriers erected prior to construction of any infrastructure or building as the project progresses from phase to phase or PUD to PUD. Section 41. The 14.5 -acre Park shall be designated as a parcel and subject to review by the City Council or donated • or deeded to the School Board of Palm Beach County as a school site at the City Council's determination. The de- veloper shall be required to work with the School Board in supplying any additional lands that would be needed to make the school site viable and such actions would not change the total number of units on the property. Section 42. The Applicant shall maintain the 14.5 -acre parcel in its present condition pending the annexation of Cabana Colony into the City. In the event Cabana Colony is annexed into the City within three (3) years, the applicant shall dedicate the parcel, cleared, seeded and irrigated, to the City for park purposes. In the event such annexation does not take place within three (3) years, the Applicant may make application for a residential PUD on such site and utilize the property for density. However, in no units exceed 1700 units. the applicant shall post ation fees in accordance Ordinance which shall be described above after wh recreation use. development purposes at a medium event shall the total number of Within six months of PCD approval, a bond for the total cost of recre- with Palm Beach Gardens' Recreation in force for the three (3) years as ich time it shall be cashed for City Section 43. Parcels F1, G, and L shall not have lot frontage • on the main lake. Section 44. Within the village center, no commercial devel- opment shall be constructed until 170 units of residential have been approved and 100 units of Certificate of Occupan- cies have been issued. MISCELLANEOUS • Section 45. The Applicant shall promote the use of water saving fixtures throughout the development, as this measure could reduce potable water and waste -water loads generated by the projects. As PUD plans are submitted, any revised Palm Beach Gardens code relative to the above shall apply. Section 46. In the event that an archaeological site or sites are found, proper protection to the satisfaction of the State of Florida Division of Archives, History and Records management (Division of Archives), shall be provided by the Applicant. In the event of discovery of archaeologi- cal artifacts during project construction, the Applicant shall stop construction in that area and notify the Division of Archives. Proper protection to the satisfaction of the Division of Archives shall be provided by the Applicant. Section 47. The final approval of any on -site and /or off - site plan for improvements shall require the applicant to deposit with the City Manager a Performance Bond, or a Letter of Credit, or an Escrow Deposit in a sum of money in the amount prescribed by the City Engineer, in accordance with industry standards for the purposes of assuring the completion of all improvements. The required documentation thereof shall be in requisite form and approved by the City Manager in accordance with industry standards. The amount • of the Performance Bond, Letter of Credit, or deposit shall be in an amount to be determined by the City Engineer to be sufficient to assure the completion of the required improve- ments. From to time, as improvements are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the amount of the Performance Bond, Letter of Credit, or deposit by a proportionate amount. Section 48. The Developer is obligated to include or cause to be included the Wynfield property ( "Property ") in any unit of development, special district, community development districts or local unit of special purpose government creat- ed by a duly constituted governmental entity ( "Special District ") for the purpose of planning, establishing, ac- quiring, constructing, reconstructing, enlarging, extending, equipping, operating or maintaining water management or roads and associated facilities, benefiting the Property and all or part of the City of Palm Beach Gardens, Florida; provided, however, that all assessments for such facilities shall be imposed on a uniform basis applied pro -rata to all property benefited by the Special District (i.e., acre by acre or residence by residence) and shall be determined in accordance with the applicable laws, ordinances, rules and regulations of the State of Florida, County of Palm Beach and the City of Palm Beach Gardens. Provided further, that upon creation of any Special District it must be demonstrat- ed by the Special District that direct benefit is accrued to the Property and any costs to the Property must be assessed commensurate with the direct benefit to the Property as determined by the Circuit Court of Palm Beach County, Flori- da, and any costs incurred by the Property by reason of other sections of this Ordinance that may be duplicated by any Special District requirements shall be credited to the property by such Special District. The owners of the Property shall be given not less than 120 days prior written • notice before formation of any Special District and shall be entitled to participate in all proceedings relating to Special District including the right to appeal any determi- nation of benefit to the Property. Section 49. Applicant will comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens. Section 50. The petitioner shall revise the phasing plan attached as "Exhibit 1" to be consistent with the rest of the project. Further, prior to any revisions made to the phasing plan, the plan must be submitted to the City for review and administrative approval. Section 51. In lieu of paying Fire Impact Fees, the peti- tioner shall pay to the City $150,000 payable in three installments with the first within thirty (30) days after the approval of the PCD, the second, six (6) months after the approval, and the third, one (1) year after the approval date. Mr. Lioce seconded the motion. The motion carried unanimously with a vote of 7 to 0. • PREAPPLICATION REVIEW: PUD -90 -14 - Recommendation to City Coun- cil re: (PGA National Spa Complex PUD) Amendment to the PGA National Resort Core PUD, created by Resolution 49, 1980 and amended by Resolution 32, 1989, to relocate the spa facility, to increase the square footage, and to replace the restaurant with an aerobic building. Located within the PGA National Planned Community District. (10- 42S -42E) Mr. Lioce stated he has a conflict with this petition and will refrain from voting. Ms. Kim Glas, City Planner, addressed the Commission and reviewed the staff report. Mr. Michael Swisher, agent for the petitioner, addressed the Commission discussing the intent of the petition. Chairman Ornstein asked if the petitioner was in agreement with City Forester Mark Hendrickson's conditions. Mr. Swisher stated they are in agreement with Condition #2. is The Planning and Zoning Commission directed the petitioner to return for a Recommendation to City Council on August 28, 1990. • • • PREAPPLICATION REVIEW: PIID -90 -15 - Recommendation to City Coun- cil re: (PGA National M -30 PIID) Creation of a 152 zero lot line unit (3.34 du /ac) residential Planned Unit Development on Parcel M -30 within the PGA National Community. (15 &16- 42S -42E) Chairman Ornstein stated Mr. Lioce has a conflict of interest with this petition. Mr. Ellington addressed the Commission with a presentation of the staff report dated August 9, 1990. Mr. Ellington stated staff is concerned with the setback for screened enclosures having zero feet for non -zero and zero sides. Staff is concerned this may be a continuous row of screened enclosures. Mr. Skokowski, agent for the Petitioner, addressed the Commission stating this petition for 152 zero lot line units is consistent with what has been done in this area known as Eagleton Cove. Chairman Ornstein asked how deep the lots are. Mr. Skokowski stated the lots are 125 feet deep. Mr. Hamzy stated he would like a condition of approval that the side setbacks be no less than 10 feet and that no two -story buildings occur adjacent to each other. Mr. Strassler asked what the length of the dead end travel is on the eastern portion of the property. Mr. Skokowski replied it is approximately 1200 feet. Mr. Strassler expressed concern with the screened enclosures, stating theoretically, with the zero setback, the enclosures can be abutted one to the other across the entire back of the proper- ty. Mr. Skokowski stated that was not the intention of the project. Mr. Ornstein made a motion to postpone discussion of this peti- tion to the next meeting and directed staff to prepare a list of conditions. Mr. Strassler seconded the motion. The motion passed with a vote of 4 to 2. Mr. Sabatello and Mr. White voted nay and Mr. Lioce abstained. • It was the consensus of the Commission to direct the petitioner to return for a Recommendation to City Council on August 28, 1990. PREAPPLICATION REVIEW: PUD -90 -13 - Recommendation to City Coun- cil re: (Oakbrook Corporate Center PUD) Amendment to the Oak- brook Corporate Center PUD to consolidate the Financial Centre PUD and the Flame PUD, to modify the approved site plan, to redistribute the square footage of retail and office space and add two bank teller drive- through lanes, and to incorporate previous modifications to the approved site plan. (23 & 26-428 - 42E) Mr. Ellington addressed the Commission with an overview of the staff report dated August 9, 1990. Mr. Rosen asked Mr. Ellington if the Planning & Zoning Department signs off on a Certificate of Occupancy prior to it's issuance. Mr. Walton stated the Building Department handles the issuance of Certificates of Occupancy, however, if there are any concerns, he • will call someone from the Planning and Zoning Department. Mr. Larry Smith, agent for the petitioner, stated this petition is submitted to construct phase three which includes developing the concourse. No change is being proposed to the office tower and the parking garage and the retail parking garage. The circu- lar rotunda will remain the same also and the concourse plan has been developed to reflect that. The only change to the square footage is in the phase three curved building to eliminate 7,700 square feet of retail space and substitute the same amount of space for a bank and in conjunction with that, ask for approval to add two drive -in tellers. Mr. Dave Bardt, civil engineer for the petitioner, explained the • differences in parking and entrances to the project from the originally approved site plan and what the petitioner is current- ly proposing. A discussion ensued. Mr. Jeff Blakley, landscape architect for the petitioner, ex- plained what is proposed for the project instead of the original- 0 ly- proposed arched entryways. Mr. Noe Guerra, architect for the petitioner, explained proposed architectural differences between the originally approved site plan and what is being proposed currently, and reasons why the originally proposed arches at the entrances are not being pro- posed now. The Commission expressed concern over the significant changes to the project from the approved plans and the fact that the peti- tioner no longer plans to build the arches at the entrances. The Commission reviewed with the petitioner the modifications listed in the August 9, 1990 staff report. The Commission reviewed with the petitioner the modifications listed on the August 3, 1990 "List of Requested Changes for Oakbrook Corporate Centre PUD" submitted from the petitioner. The petitioner will return for a workshop on August 28, 1990 and is scheduled for a Public Hearing on September 11, 1990. There being no further business to discuss, the meeting was adjourned at 11:55 P.M. The next Regular Meeting of the Planning and Zoning Commiss -be held Tuesday, August 28, 1990. Vi11 "� I ISM /L' N/ 3w;E!'�'� W' GISELE FPSTER, SECRETARY •C P . JEFFREY A. ORNSTEIN, ARCHITECT 9799 DAISY AVENUE • PALM BEACH GARDENS, FL 33410 (407) 622 -7701 • g 10 August 29, 1990 Y'- !j City of w Palm Beach Gardens City Council All 2 q 1990 City of Palm Beach Gardens LO PLANNING 10500 North Military Trail ZONING ,L Palm Beach Gardens, F1 33410 S 7 E� Re: Wynfield PCD Z -89 -09 Planning and Zoning Commission Approval Dear Members of the City Council: At the August 14, 1990 meeting of the City of Palm Beach Gardens Planning and Zoning Commission the Commission • unanimously voted to recommend approval of the above referenced project with fifty one (51) conditions. Upon review of the minutes of the meeting the Commission was concerned that our intent in three areas did not properly get reflected in the motion and therefore need to be clarified for your review. Our review process became a little confused as we were trying to get the project before the Council to review the major policy issues; which is contrary to the normal deliberations of the Commission. It is the desire of the Commission that if there are any changes made in the master PCD plan for any reason, either within the City of Palm Beach Gardens or from any outside agency, then the petitioner would come back to the Planning and Zoning Commission for review and approval. The Commission understands that the project is vested in consideration of the City's new environmental ordinance, however it was the Commission's desire that since this was a PCD the City had the right to request that a program of environmental sensitivity be constructed to effect the ordinance and have that review available to the City Council. The final clarification concerns the 14.5 acre park. If the • developer reaches an agreement with the School Board, and turns over the park as their contribution to the School Impact, it does not relieve the developer of their 8 August 29, 1990 City Council Palm Beach Gardens • Wynfield PCD Page Two responsibilty for the City's Recreational Impact. It will just shift it to another area of the Site. If you have any questions please contact me and I will try to clarify the above. .F1u11yFSubmitted, Jeffre *4 Ornstein, Architect Chairm Planning and Zoning Commission JAO /d Mr. John Orr, City Manager Mr. William Brandt, City Attorney Mr. Rich Walton, City Planner Members of the Planning and Zoning Commission U1 • ~- F. M 8B MEMORANDUM OF VOTING CONFLICT FOR C6UNTY, MUNICIPALl AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME— MIDDLE NAME Strassler, Alan M. I1,114C, AL)PRE55 8895 N. Military Tr., 201D CITN COUNFN Palm Beach Gardens, Palm Beach iiAt E ON WHICH VOI L OC'CUItRk D 8/14/1990 NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE THE BOARD COUNCIL, COMMI55I9N, AWH®RITY, 49 CQMMITTlik ON WHICH I SkNYIJ IS A UNIT Of! ('I I V COUNTY (7rHER LOCAL AGENCY NAML OI- POt ITIC'AL SUBDIVISION: City of Palm Beach Gardens MY POSITION IS: ELECTIVE PPOINTIV WHO MUST FILE. FORM aB I his form is for use by any.Person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and 'non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not re luirt:d by iah', y06 arc encouraged : o use �t i,^ ak in, the disclosure required by hw. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES OELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local ufficer also is prohibited from knowingly voting on a measure which inures 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, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures 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. ILK \I �B Itl•xh PAG 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 1 Alan M. Strassler hereby disclose that on 814 - -, 1920__: (a) A measure came or will come before my agency which (check one) inured to my special private gain: or xx inured to the special gain of Steeplechase Property Owners'Assn. , by whom t am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: I am the Architect in the discussion presentation by a for the Gatehouse or vote. My office staff member. August 29, 1990 _ Date Filed Improvements. I did not participate was represented for the Signature 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. E FORM 88 - 10.86 PAC