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HomeMy WebLinkAboutMinutes P&Z 011189CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION JANUARY 11, 1989 SPECIAL MEETING The Special Meeting of the City of Palm Beach Gardens, "Florida, was called to order by Chairman Don Vogel, ,at 7030 P.M. in the Assembly Room at the Municipal Complex, 10500. North Mi=litary Trail, Palm Beach Gardens, Florida, and opened with the Pled. `ge_of Allegiance to the Flag. The roll was called by the secretary, and present were: ,.;Don Vogel, Chairman; John Toshner, Vice Chairman; Robert Hamner,-Mike Rosen, Jeffrey Ornstein, Members. Domenick 'Lioce, Alternate Member was not in attendance. Public Hearing - Recommendation to City Council.: re: Rezoning 1311.51 acres, including site commonly known as 11-J.D.M. Country Club ", located, in general, between PGA & Northlake Blvds. and N. Military Tr. & Turnpike, from present City- -zoning classifications of RS -2 (Residential Single Family District), PDA. (Planned Devel- opment Area), Palm Beach County's zoning classification of AR (Agricultural District) (Comparable to City's Zoning Desi - gnation of AG) and RM (Residential Multiple Famix }:y:, Medium Density Dis- trict) (Comparable to City's Zoning Designation of RM) to City's zoning classification of PCD (Planned Community District), per petition of Hank Skokowski of Urban D.ci zgn : r,u io and kt:i& a'ey Raymond Royce, autho. agents for � �±dsen r.1,4r�ad, Inc. ,Public' Hearing recessed from 11/7/88) Mr. Rich Walton, Planning and Zoning ,;b-- ir_get -pr, addressed the Commission stating staff is recommend is g three changes to the staff report (revised 1/10/89), received from the City Engineer. Mr. Walton stated a meeting was held to °s.,_da�te with the JDM representatives to discuss several engineeri;ng4.+;ncerns, which he !r believes have been resolved. Mr. Walton requested that the appli- cant present justification for the changes discussed and stated 1 staff recommends approval, with the conditions listed. (Memo • from Henry Skokowski to Rich Walton, 1/11/89 was distributed to the Commission members.) Mr. Raymond Royce, attorney represent- ing the applicant, addressed the Commission reviewing changes to Conditions 9, 10, 11, 14, 279 40 and 43 of the memo. Mr. Royce also referenced Condition 8, requesting the Commission consider revising the language such that perimeter buffering, fencing, etc. could not be constructed without the written consent of the adjacent property owners. Mr. Royce stated a condition agreed upon, but not included in Mr. Skokowski's memo, is within Condition 11, a. - "its ultimate cross - section" should be deleted and replaced with "six lanes ". Mr. Royce stated there are some concerns with the language of • Condition 15 of the staff report and requested the Commission consider revising the second sentence to read "The developer shall be given a credit..." rather than "may". Mr. Royce requested the Commission consider deleting Condition 41, requiring a five year review, at the developer's expense, of the transportation system outlined in the original traffic study. Mr. Royce stated he feels more discussion is needed on Condition 29 regarding the applicant contributing 50% of the cost to con- struct a permanent control structure in the Thompson River, as he believes this may have already been paid for. Mr. Royce stated the applicant agrees to the conditions received from the City Engineer, #20, #22, & #30. Mr. Royce referenced Condition 14, E, 1, Stage 5, stating the . following should be added: "and if NorthCorp is approved at an K intensity which would require a 4 -lane section ". Mr. Walton stated a revision to the language of Conditions 9b & 10b was agreed upon. Mr. Skokowski read the alternate language into the record as follows: "The applicant shall demonstrate that adequate right -of -way exists." Mr. Royce stated the roads within the project are to be private and that he is currently working with the Northern Palm Beach County Water Control District on a program to provide the roads. If private roads cannot be provided through the Water Control District, they will be built privately and will utilize the Water Control District for drainage purposes. Mr. Royce advised that an arrangement was reached between the MacArthur Foundation and the Methodist Church providing that Gardenia would be a public road to the rear of the church proper- ty. The gatehouse proposed for Gardenia will be beyond that point, assuring the church access. Mr. Jeffrey Ornstein requested clarification of "coordination equipment ", as referenced in Condition 9. Mr. Steve Godfrey, Traffic Engineer with Kimley -Horn, responded that the term refers to an electronic box which allows coordination between traffic signals. The petitioner will provide a signal at the entrance and the coordination equipment will be provided at the turnpike, the development entrance, and Central Blvd. Mr. Ornstein asked Mr. Godfrey if it would be physically possible for Burns Rd. to be 4 -laned under the I -95 overpass, should this . be desired by the City. Mr. Godfrey responded that it would not, as it exists today. 3 Mr. Ornstein requested clarification of Condition 14, E., 1 - •Stage 5. Mr. Godfrey stated the intent of this condition is that Burns Rd. will be 4 -laned if the City desires 4 lanes on Burns Road and NorthCorp is approved at an intensity requiring 4 lanes. Mr. Ornstein stated he has a problem with tying a condition of this project to another project which may or may not have condi- tions. Regarding Condition 40, Mr. Ornstein stated that after talking with the Fire Chief and members of the City Council, he believes equipment is needed more than another fire station and that this item needs to be discussed. Mr. Royce stated this item was a surprise, as no discussions have taken place indicating a need for a new fire station, and he would like to see it deleted. • Mr. Walton stated he believes the amount of contribution is justified, but it may be advisable for the applicant and City Manager to resolve this issue prior to City Council approval. Mr. Walton stated the Fire Chief has expressed a desire for a fire station on Northlake Blvd. Mr. Ornstein stated he objects to assessing a developer without defining a need. Mr. Ornstein referenced Condition 43 and asked where the second- ary access is proposed to be located. Mr. Godfrey stated the location has not been determined at this time. Mr. Ornstein stated he would object to an access on Holly Dr. Mr. Ornstein stated he objects to Condition 41 as he feels it is not needed. Mr. Mike Rosen asked Mr. Walton if the information provided to is the Commission (various memos) would be coordinated and refer- 4 enced as exhibits. Mr. Walton advised the memos are supporting • documentation from which the staff report has been drafted. This will be finalized after the meeting, and a complete package, including staff recommendations, Commission recommendations, and applicant's comments will be forwarded to the City Council. Mr. Rosen requested clarification of Condition 8 regarding writ- ten consent of property owners to construct a barrier and asked if the consent would consist of a majority of the property owners or if 100% approval would be required. Mr. Royce stated if the barrier affected a condominium association, an action of the board of directors would be required. In the case of an individ- ual, approval would be required from owners of record of the property. Mr. Royce stated he believes approval would be re- quired from the property owners affected. • Mr. Rosen stated he believes the condition is too vague, and feels a specific percentage or mathematical formula should be determined. Mr. Skokowski stated the abutting homeowners have requested that this language be included and he will not object to the Commission modifying, clarifying or deleting this item. Mr. Ornstein suggested deleting any reference to requiring writ- ten approval and should it be desired at some time in the future, the applicant may come back to the City for a modification. Mr. Rosen referenced Condition 18 asking if guarantees can be of- fered to assure that no construction traffic will be allowed on Holly Drive and Avenue of the PGA. Mr. Royce stated there will not be an entrance on Military Trail until such time as it is • four -laned and until that time there will be no possibility of construction traffic. Mr. Royce stated this issue can be ad- 5 dressed at the time of PUD applications and violations can be • noted and dealt with at that time. Mr. Rosen referenced Condition 19 and asked for clarification of "The developer will work with Palm Beach Gardens ". Mr. Godfrey responded that certain levels of development cannot be exceeded until certain roadway improvements occur and the term "will work with" means discussions with Palm Beach County and the City regarding allocation of impact fees, of putting together other developers as they come through the process, and taking all the resources available and focusing them on a priority basis to accomplish the improvements that are listed. Mr. Rosen suggested the condition be modified to include this explanation by Mr. Godfrey. Mr. Godfrey agreed. • Mr. Rosen referenced Condition 28 and asked for information regarding the outcome of the meeting scheduled with the Northern Palm Beach County Water Control District. Mr. Howard Searcy stated a resolution was passed declaring the Water Control Dis- trict's intent to create a unit of development. A Public Hearing will be scheduled by the Board for public input on creation of the unit and the legal process will begin. At this time there is no dollar figure for the bond issue. With regard to Condition 29, the Merrill Ditch and the Thompson River control structure, Mr. Rosen asked if the cost of these items will be addressed in the bond issue. Mr. Royce stated they would be. Mr. Rosen asked what would happen if the District declined to include this project and there were no bond funds. • Mr. Searcy stated the improvements to the water control struc- Z ture in question have been an issue with the City for several years and the structure has needed improvement for some time. It is Mr. Searcy's understanding that the City passed a bond issue and has sold the bonds to pay for the structure, but it has not been built. Mr. Rosen asked Mr. Walton to follow up on this. Mr. Rosen referenced Conditions 31 and 32, suggesting "the anni- versary date of the PCD" be added. Mr. Royce agreed. Mr. Rosen referenced Condition 33 and suggested that in order to monitor this issue, documentation of each water saving device could be submitted with the Building Department permit applica- tion. Mr. Royce stated the developer does not have enforcement powers and would suggest the condition be modified to include language such as the developer "will encourage" or "use its best efforts to see that water saving devices are utilized ", but leave the enforcement to the City. Mr. William Brant, City Attorney, stated that in his opinion, even if sufficient language is placed in the PCD, a contractor would be able to use whatever he wanted as long as it was in compliance with the Plumbing Code and all other Code require- ments. Mr. Brant stated enforcement of this condition could only be effected by a change in the Code. Mr. Rosen stated Condition 36 should be revised to read: "The developer, at his sole cost, shall remove the bridge (delete "or portions of the bridge ") at the end of Seagrape after the City has determined when (delete "how and if ") it should be removed. A discussion ensued regarding removal of the bridge pilings. Mr. Rosen stated the pilings could be cut off and it would not be • necessary to pull the pilings out. Mr. Royce agreed to the 7 • • • language in the condition as proposed by Mr. Rosen. Mr. Rosen stated Condition 38 was discussed at the last meeting and it was agreed that temporary barricades would be installed to prevent construction traffic entering the site via Holly Drive or Avenue of the PGA. Mr. Rosen asked why this has not been includ- ed. Mr. Royce stated he has concerns with the types of barricades to be used and with liability problems associated with barricades, but will agree to providing them if it can be done in such a way as to not create a dangerous situation. Mr. Royce confirmed that the new entrance on PGA Blvd. will be provided first and agreed to close Holly Drive within 60 days of the PUD approval. Mr. Rosen suggested the language be changed in Condition 41 from "...the Developer may pay its recalculated share of needed im- provements..." to "shall" pay. Mr. Rosen stated he feels the PGA roadway improvements shown on the "future needs" chart provided by the petitioner should be incorporated into the list of conditions. Mr. Godfrey stated that for the purpose of the JDM development and the initial phase of development, there is not a demonstrated need for the dual lefts, as shown on the "future needs" chart. Mr. Godfrey stated the conditions, as drafted, do not require that the applicant spend his impact fees on the dual left im- provements. Mr. Toshner requested clarification as to the improvements pro- posed for the clubhouse and tennis areas. Mr. Skokowski stated the clubhouse complex is a parcel for development and will go through the normal PUD process. Chairman Vogel declared the Public Hearing open. Mr. Ken Schrimsher, Associate Superintendant of Schools for the Palm Beach County School Board, addressed the Commission to discuss the impacts of this project on area schools. Mr. Schrimsher stated the School Board is asking that the developer provide a site for an elementary school to relieve the impact. Mr. Schrimsher reviewed a list of developers /municipalities who have donated or assisted the School Board in obtaining school sites and stated the School Board is not requesting any more from this developer than has been asked of others. The Commission agreed to include the issue of a school site in their recommendation to the City Council. • Mr. Andy Helgeson, spokesperson on behalf of the "old" JDM commu- nity, addressed the Commission stating the residents have had numerous meetings with the Hansen Company, who has presented a proposal to the residents which appears to substantially meet all of the residents' concerns. The proposal will be reviewed and the Commission will be advised of a final agreement. Mr. Helgeson stated the residents would like the language in Condition 8, regarding written consent, to be removed. A representative of the PGA Concourse office building, addressed the Commission objecting to the proposed closing of the median opening on PGA Blvd. Mr. Godfrey stated the closing of the median will only occur if dual lefts are required to serve Cen- tral Blvd. r � LJ E Mr. Steve Brucini, 9469 Howell Lane, addressed the Commission • presenting a site location map and photographs of his property. Mr. Brucini stated a 4 -lane highway, generating from 5,000 - 7,000 cars per day is proposed to be less than 100 feet from his property. Mr. Brucini suggested bringing the feeder road to the east side of the developments. Mr. Brucini stated he objects to the impact of this road on his property and also requested clari- fication of the proposed buffering and wall section. Mr. Brucini stated the developer has proposed utilizing existing vegetation, however, there is no vegetation in that area. Mr. Skokowski responded to Mr. Brucini's concerns stating the subject road will only be 2 lanes. Mr. Skokowski stated that if there is no existing vegetation it will be supplemented with • additional or new vegetation. Mr. Skokowski stated a wall is not proposed in that area of the project. In response to questions by Mr. Rosen, Mr. Skokowski stated he would have no objection to the recommendations by the City For- ester being included as conditions of approval, with the clarifi- cation that the planting densities and species list (item 3) will be provided at the time of the PUD, and that the developer will adopt the improvements as outlined by Team Plan's Roadway Beauti- fication and Enhancement Plan for the streetscape and median plantings at such time as it is adopted by the City. Mr. Jay Adolph, representing the property owners on Avenue of the PGA, addressed the Commission, referencing Conditions 38 & 39 and 18, regarding construction traffic. Mr. Adolph stated there is • currently no access on Northlake Blvd. and is concerned with 10 construction traffic on Avenue of the PGA. Mr. Adolph expressed • concern with the timing and appearance of the proposed temporary cul -de -sacs. Mr. Skokowski stated the cul -de -sac in question will be provided in the early phases of the project and will be nicely done. Mr. Rosen asked if the country club renovation will take place simultaneously with the design of the entrance road on PGA Blvd. Mr. Skokowski stated the renovation of the club is to take place soon, but there will not be major expansion to the facility. Mr. Skokowski stated he would agree to delaying the expansion of the country club until such time as a temporary construction road is installed. Chairman Vogel stated he has been contacted by residents in the • area of the proposed passive park requesting that the park not be provided, as they are concerned with maintenance. Mr. Skokowski stated the park has been deleted from the plans. Chairman Vogel closed the Public Hearing. Mr. Ornstein made a motion to recommend to the City Council a favorable recommendation for approval of the JDM Country Club with the following conditions: 1. Maintain the following defined density designation: LOW 0 - 4 du's /acre MEDIUM 4 - 8 du's /acre HIGH 8 - 12 du's /acre • 2. Parcels designated as low density shall be limited to single - family detached housing. 11 • 3. Residential development shall be limited to a maximum of two stories - other development to a maximum of three stories. 4. Amend the Master Plan to reflect low density single - family development on that portion of parcel 25 that abuts the Gardens Glen development. 5. Residential sales models shall not be constructed in parcels designated numbers 26 and 27. 6. A perimeter buffer, in accordance with Exhibit B, shall be constructed at the time of development of each abutting parcel. 7. JDM Developer shall maintain a residential development setback from Gardens Glen equal to the setback main- tained by Gardens Glen common to the property line. However, in no event shall rear setbacks be less than permitted under the RS -2 zoning district. In all other areas a minimum setback of 25 feet shall be maintained from the property line. Furthermore, individual parcel development setbacks shall be established at the time of PUD approval of each development parcel. • 8. Notwithstanding the petitioner's right to security and his continuing need to coordinate and cooperate with the existing residential community in that regard, the petitioner shall not construct any perimeter security system which would affect the quality and character of existing views of the golf course, lakes and canals thereon from adjacent properties not in the PCD including fences, walls, hedges, moats or the like. Said adjacent properties shall include those fronting on the western property line of the Longwood Condo- miniums, those fronting on the western property line of Tamberlane Condominiums, all single - family lots along the Avenue of the PGA and all dwelling units directly fronting on our common property line and the golf course in the Camberwell, Woodland Lakes, PGA National Golf Club Estates and Vision I residential project. Generally running from the Avenue of the PGA easterly, and south to Holly Drive, as shown on the attached exhibit titled "Golf Frontage Perimeter ". 9. The developer will provide the following improvements at the JDM entrance /PGA Boulevard intersection. a. Westbound left -turn lane • b. Eastbound right -turn lane. Adequate right -of -way shall be provided so that a separate right -turn lane will exist after PGA Boulevard is built to 12 its ultimate cross- section. c. Northbound left -turn lane d. Northbound through lane e. Northbound right -turn lane f. Intersection signalization when warranted. At such time as the signal is installed, it will be coordinated with signals at the Turnpike entrance and Central Boulevard as required by the Florida Department of Transportation (FDOT) and /or Palm Beach County. Such coordination equipment shall be installed at these intersections so as to accommodate future coordination with other intersections. Signalization shall be designed and installed to accommodate the future access to the north. 10. Military Trail entrance - The developer will provide the following improvements when an entrance is con- nected at Military Trail. Access to any residential units via the proposed connection to Military Trail will not be allowed prior to the widening of Military Trail from PGA Boulevard to Northlake Boulevard including intersection improvements. a. Northbound left -turn lane b. Southbound right -turn lane with adequate right -of -way shall be provided so that a separate right turn lane will exist after Military Trail is built to its ultimate cross - section. c. Eastbound left -turn lane d. Eastbound through /right -turn lane e. Signalization when warranted after connection is made. At such time as the signal is installed it will be coordinated with Holly Drive. Such coordination equipment shall be installed at this intersection so as to accommodate future coordina- tion with other intersections. f. If Palm Beach County provides items a and b the applicant will not be required to pay additional impact fees. 11. Northlake Boulevard entrance - The developer will provide the following improvements when the develop- ment access is constructed for Northlake Boulevard. Access to any residential units via the proposed connection to Northlake Boulevard will not be allowed prior to the widening of Northlake Boulevard from the development entrance to Military Trail. a. Westbound right -turn lane. Adequate right -of- way will be provided so that a separate right - turn lane will exist after Northlake Boulevard is built to its six -lane configuration. • b. Eastbound left -turn lane c. Southbound left -turn lane 13 d. Southbound right- turn /through lane e. Signalization when warranted after the con- . nection is made. At such time as the signal is installed, coordination equipment shall be installed at this intersection, if required. 12. Where the project abuts Military Trail and Northlake Boulevard, the developer shall dedicate any additional rights -of -way required by the FDOT and Palm Beach County. 13. JDM Developer shall provide for the cul -de -sac con- struction of Avenues of the PGA and Holly Drive as noted on the Master Plan. 14. In order to conform with the Palm Beach Gardens Traffic Performance Standards, the following project staging will be followed. A. Stage 1: Initial access will be provided via PGA Boulevard. Improvements defined in Condition 9 will be constructed and right -of -way dedications required in Condition 12 shall be completed prior to the issuance of certificates of occupancy for any units. Up to 670 certificates of occupancy may be issued upon completion of these two conditions. B. Stage 2: Stage 2 will include certificates of occupancy for 671 to 900 units. To obtain any certificates of occupancy for Stage 2, one of the following condi- tions must be met: 1. Connection to Military Trail including the four - laving of Military Trail from PGA Boulevard to Northlake Boulevard. 2. Connection to Northlake Boulevard 3. Six - laning of PGA Boulevard as required by FDOT, between the Florida Turnpike overpass and Military Trail shall be complete and open to traffic. (Reference 11/17/88 FDOT Variance Committee Memorandum). C. Stage 3: Stage 3 will include certificates of occupancy for 901 to 1,600 units. To obtain any certificates of • occupancy for Stage 3, both of the following conditions must be met: 14 • • 1. Six - laning of PGA FDOT, between the and Military Trail open to traffic. Variance Committee Boulevard as required by Florida Turnpike overpass shall be complete and (Reference 11/17/88 FDOT Memorandum). 2. a. Connection to Military Trail including the four - laning from PGA Boulevard to Blue Heron Boulevard -or- b. Connection to Northlake Boulevard together with the completion of a four -lane section on Military Trail from PGA Boulevard to Blue Heron Boulevard. D. Stage 4: Stage 4 will include certificates of occupancy for 1,601 to 2,050 units. In order to obtain any certificate of occupancy for development in Stage 4, all of the following conditions must be met: 1. Connection to Military Trail including the four - laning of Military Trail from PGA Boule- vard to Blue Heron Boulevard. 2. Connection to Northlake Boulevard 3. Six - laning of PGA Boulevard as required by FDOT, between the Florida Turnpike overpass and Military Trail shall be complete and open to traffic. (Reference 11/17/88 FDOT Variance Committee Memorandum). E. Stage 5: Stage 5 will include certificates of occupancy for 21050 t0 2,384 units. In order to obtain any certificate of occupancy for development in Stage 5, the following condition must be met: 1. Four - laning of Burns Road between Military Trail and Alternate A -1 -A including intersec- tion improvements, if required by the City, and as determined needed by the development of NorthCorp Center. If the NorthCorp triggers the need for it and the City determines they want it, then this petitioner will figure out how to four -lane Burns Road. The first person there that needs it is going to have to pay for it. 15 15. The developer shall be subject to the City's Roadway Impact Fee Ordinance contained in Chapter 151 of the City's Code of Ordinances and any amendments thereto. The developer may be given a credit towards the impacts for any off -site improvements paid for by the developer. (Not including Items 9 thru 12.) This will be done through the City Impact Fee Ordinance Guidelines. 16. If applicable, the developer shall be subject to any impacts and /or effects that may result from Palm Beach County implementation of County -Wide Impact Fees and/ or Traffic Performance Standards. 17. Subject to the approval of the PGA Corridor Plan, by FDOT and Palm Beach County, which complies with the conditions of the FDOT Variance Committee Memorandum of 11/17/88. 18. All construction traffic shall come from PGA Boulevard or Northlake Boulevard. There shall be no construction traffic on Avenue of the PGA or Holly Drive. The first construction permit that shall be pulled shall be for the new PGA Boulevard entrance. No construction work shall be done at the clubhouse until an alternate road is installed. • 19. The developer will work with Palm Beach Gardens and Palm Beach County to seek implementation of the off - site improvements listed below. A. Six -lane PGA Boulevard from east of Florida's Turnpike to Military Trail B. Four -lane Military Trail from Northlake Boulevard to PGA Boulevard, including intersection improve- ments at PGA Boulevard and at Northlake Boulevard. C. Four -lane Northlake Boulevard from development entrance to Military Trail D. Four - laning of Burns Road between Military Trail Alternate A -1 -A including intersection improvements. 20. The developer shall maintain minimum Palm Beach Gardens Road Standards on all interior right -of -way, as defined as a minimum, the development shall comply with the City Subdivision and Zoning Codes as to required right - of -way and construction standards for on -site road and drainage improvements. 21. The developer shall work with the City of Palm Beach Gardens in maintaining the existing Palm Beach County . Thoroughfare Plan right-of-way widths. 22. The developer shall maintain all existing lake and 16 canal water levels in accordance with South Florida Water Management District permits and the project's surface water management system shall not adversely • affect the water surface elevations of existing offsite canals and lakes. The surface water management system shall include the type and amount of Best Management Practices (dry detention, littoral zones, filtration, skimmer, baffels, etc.) so as to effectively implement a pollution abatement plan within the project. The plan of BMP's shall be approved by the City and SFWMD. As an absolute minimum, the quality of water leaving the project (Class III water, Chapter 17 -3), shall not cause any degradation of downstream receiving waters. 23. The developer shall assist the FDOT and the City of Palm Beach Gardens in developing a Corridor Improvement Plan for PGA Boulevard. 24. The developer shall negotiate with the City Manager a sum of dollars to be contributed for the City recreation program. 25. Concerning the proposed project intersection at PGA Boulevard; the location of the proposed Gatehouse will need to be sufficiently south of the additional inter- section so as to provide a publicly dedicated right-of- way and access to the two out - parcels located at the southwest and southeast corners of the intersection. Also, the applicant will need to secure cross easements for access through these parcels to serve existing and future development without the need for additional points of access along PGA Boulevard. 26. Concerning the proposed project intersection at Military Trail; the portion of the proposed inter- section that provides access to Military Trail, between the proposed Card Gate Control and the proposed traffic light at Gardenia Drive, will need to be a public right -of -way. 27. Applicant will amend the project master plan within six (6) months of the PCD approval or prior to the first residential building permit (other than models) whichever occurs first. The amended master plan will reflect: a. A PGA Corridor plan, approved by Palm Beach County and FDOT showing the ultimate right -of -way needs for six - laning PGA Boulevard between the Florida Turnpike entrance and the west property line of Gardens of Woodbury. • b. Right -of -way needs for required intersection improvements at the development entrance on Mili- 17 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 administrative fiscal affairs of the City. The anniversary date of the PCD is the triggering date. 33. The Developer shall attempt to save the environment by enforcing water saving fixtures and maybe we can get the Plumbing Code changed. 34. The Developer will work with Palm Beach County School Board to develop an acceptable program for school needs and present said plans to the Planning and Zoning Board and the City Council prior to obtaining a first certificate of occupancy. 35. 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 archaeological artifacts during project construc- tion, the applicant shall stop construction in that area and notify the Division of Archives. Proper protection, the satisfaction of the Division of • Archives, shall be provided by the applicant. 36. The Developer, at his sole cost, shall remove the bridge at the end of Seagrape, after the City has determined when it should be removed. 37. DELETED DUE TO DUPLICATION 38. With respect to Holly Drive, the Developer may close Holly Drive at his discretion upon proper abandon- ment and provision of alternate access to the four existing homes at the west end of Holly Drive. Within 60 days of approval of the PCD, barriers shall be installed that will cut off access from this portion of Holly Drive toward the Country Club. The end of the cul -de -sac, both temporarily and the permanent cul -de- sac shall be landscaped. 39. With respect to Avenue of the PGA, the Developer may close Avenue of the PGA at its discretion upon proper abandonment and provision of alternate access to the existing JDM Clubhouse. This also shall be done within 60 days of approval of the PCD. At the end of both the temporary and permanent cul -de -sacs, that area shall be landscaped. 40. The Developer will make a monetary contribution to the City for the use in the fire department. This amount 19 Ide tary Trail, based on intersection plans reflecting six lanes on Military Trail and approved by Palm Beach County and the FDOT. c. Right -of -way needs for required intersection improvements at the development entrance on Northlake Boulevard, based on intersection plans reflecting six lanes on Military Trail and approved by Palm Beach County and the FDOT. The applicant will need to provide a right -of -way plan for the interior collector roads of the PCD with typ- ical roadway sections including utility corridors, sidewalks, landscaping, etc., after the PCD is approved and before any final plans for improvements are sub- mitted or approved. The plats shall provide vehicular access for emergency police, fire, postal and other public service vehicles and specific utility easements as required by the applicant. 28. The applicant needs to continue working with the Northern Palm Beach County Water Control District to create a Unit of Development that would encompass the entire PCD for purposes of ownership, operation, and maintenance of the storm water management system. 29. The applicant needs to verify the adequacy of the Merrill Ditch to serve as one of the two positive outfalls for the PCD, and, if required, agree to design, permit and construct a control structure to be placed in the ditch at the applicant's expense. Also, the applicant needs to contribute fifty percent (50 %) of the cost to construct a permanent control structure in the Thompson River to serve as the second of the two positive outf alls for the PCD. This cost can be reduced after discussions with the City Council. This item must be reviewed by the City Council. 30. The applicant shall examine all existing plats inside and outside the PCD and provide for existing offsite and onsite drainage and utilities corridors so as not to interrupt, curtail or otherwise prevent offsite drainage and utilities from functioning as intended. 31. During the period of construction of this project, the Developer shall annually provide the City of Palm Beach Gardens and the County of Palm Beach a written summary of completed construction amendments to the project to date, anticipated amendments, and a schedule of pro- posed construction through the remaining years of con- struction. The anniversary date of the PCD is the triggering date. 32. The Developer shall, annually from the date of this Order, meet with the City Manager and any other govern- 1 of money will be determined by the City Manager and his staff. 41. A Property Owners' Association shall be established prior to the construction permit of any dwelling units in the project. Said document must be approved by the City Attorney. 42. Prior to the approval of the second PUD, the developer shall provide a secondary access for emergency pur- poses, not on Military Trail. 43. The request of Mr. Jonathan Iles, City Forester, comments, items 1 through 6, dated December 27, 1988 shall be incorporated, as follows: 1. I suggest, if possible, the overall site plan depict where the various perimeter buffer systems are to be used. 2. I also suggest that the resolution creating this PCD specifically state how much perimeter landscap- ing is to be completed, if any, prior to the issuance of a CO. (Previously, in projects such as The Promenade, there has been no provision for partial landscaping prior to the issuance of CO's for various tenants.) • 3. Planting densities and species lists, along with working drawings should be submitted prior to final approval. 4. If there are any scheduled road improvements, will there be a commitment from the developer to adopt the improvements as outlined by Team Plan's Roadway Beautification and Enhancement Plan for the streetscape and median plantings? 5. Is a tree survey required at this point for the perimeter buffer strip? 6. Some of the nomenclature used on the landscape sheet depicting the perimeter buffer areas is misleading in that most of the "existing vegeta- tion is not native but is exotic. Mr. John Toshner seconded the motion. Mr. Toshner requested clarification on item numbers 38 and 39 as to whether the recommendation was for closing off Holly Drive and . Avenue of the PGA within 60 days of the approval of the PCD. Mr. Ornstein stated that was correct. Mr. Toshner asked how 20 • • access would be achieved since the other road would not be avail- able that soon. After discussion, Mr. Ornstein stated he would accept changes to items 38 and 39 to read: "within 60 days of the access road going in off of PGA Boulevard ". The motion was unanimously approved. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:30 P.M. The next meeting of the Planning and Zoning Commission will be held on January 24, 1989. APPROVALS AIRMAN VO L sle ------- - - - - -- JEAN LONG, SECR Y AN TOSHNER ••: ------------------------- DOMENICK LIOCE 21