RESOLUTION NO. ZR

Transcription

1 RESOLUTION NO. ZR RESOLUTION APPROVING ZONING PETITION DOAI D DEVELOPMENT ORDER AMENDMENT PETITION OF TRUMP INTERNATIONAL GOLF COURSE BY SHAWN NIEMAN, AGENT (TRUMP INTERNATIONAL GOLF COURSE) WHEREAS, the Palm Beach County Zoning Commission, pursuant to Article 5 (Development Review Procedures) of the Palm Beach County Unified Land Development Code (Ordinance 92-20) is authorized and empowered to consider, approve, approve with conditions or deny Development Order Amendments for Class B Conditional Uses; and WHEREAS, the notice and hearing requirements, as provided for in Article 5 of the Palm Beach County Unified Land Development Code, have been satisfied; and WHEREAS, Zoning Petition DOAl D was presented to the Zoning Commission at a public hearing conducted on January 6,2003; and WHEREAS, the Zoning Commission has considered the evidence and testimony presented by the petitioner and other interested parties, and the recommendations of the various county review agencies; and WHEREAS, this approval is subject to Article 5, Section 5.8 (Compliance with Time Limitations), of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and WHEREAS, the Zoning Commission made the following findings of fact: This Development Order Amendment is consistent with the Palm Beach County Comprehensive Plan. This Development Order Amendment complies with the relevant and appropriate portions of Article 6, Supplementary Use Standards; of the Palm Beach County Unified Land Development Code. This Development Order Amendment is consistent with the requirements of the Palm Beach County Unified Land Development Code. This Development Order Amendment, with conditions as adopted, is compatible as defined in the Palm Beach County Unified Land Development Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. This Development Order Amendment, with conditions as adopted, complies with the standards imposed on it by applicable provisions of the Palm Beach County Unified Land Development Code for use, layout, function, and general development characteristics. This Development Order Amendment meets applicable local land development regulations. This Development Order Amendment, with conditions as adopted, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. This Development Order Amendment has a concurrency determination and complies with Article I1 (Adequate Public Facility Standards) of the Palm Beach County Unified Land Development Code. Petition DOAI D Page 1

2 9. This Development Order Amendment, with conditions as adopted, minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. IO. This Development Order Amendment, with conditions as adopted, will result in logical, timely and orderly development patterns. WHEREAS, Article 5 of the Palm Beach County Unified Land Development Code requires that the action of the Zoning Commission be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE ZONING COMMISSION OF PALM BEACH COUNTY, FLORIDA, that Zoning Petition DOAl D, the petition of Trump International Golf Course, by Shawn Nieman, agent, for a Development Order Amendment to add land area, add square footage, expand existing golf course and modify/delete conditions of approval on a parcel of land legally described in EXHIBIT A, attached hereto and made a part hereof, and generally located as shown on a vicinity sketch attached as EXHIBIT B, attached hereto and made a part hereof, was approved on January 6, 2003, subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof. Commissioner A.nderson moved for the approval of the Resolution. The motion was seconded by Commissioner to a vote, the vote was as follows: and, upon being put Frank A. Barbieri, Jr., Chair -- Aye Allan Kaplan, Vice Chair -- Absent William Anderson -- Aye Peter Carney -- Aye Kevin Foley -- Aye Sherry Hyman -- Aye Wayne M. Richards -_ Aye The Chair thereupon declared that the resolution was duly passed and adopted on January 6,2003. APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY ITS ZONING COMMISSIONERS ' COUNTY ATTORNEY Petition DOAl D Page 2

3 EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION OF THE TRUMP INTERNATIONAL GOLF COURSE A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 44 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING A PORTION OF BLOCKS 3 AND 4, PALM BEACH PLANTATIONS PLAT NO. 1 (MODEL LAND COMPANY), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 20, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6 WHICH IS COMMON WITH THE SOUTHWEST CORNER OF SAID BLOCK 3; THENCE, NORTH 01'28'45" EAST, ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 6 AND ALONG THE WEST LINE OF SAID BLOCK 3, A DISTANCE OF FEET; THENCE, SOUTH 88'31'15" EAST, DEPARTING SAID WEST LINES, A DISTANCE OF 3.68 FEET TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF KIRK ROAD AS SHOWN AND RECORDED IN ROAD PLAT BOOK 3, PAGE 181, SAID PUBLIC RECORDS, AND AS DEPICTED IN PALM BEACH COUNTY RIGHT-OF-WAY MAP FOR KIRK ROAD - FOREST HILL BOULEVARD TO SOUTHERN BOULEVARD PROJECT #88564 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER, PALM BEACH COUNTY; SAID POINT BEING THE POINT OF BEGINNING. THENCE, SOUTH 26'45'14" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SUMMIT BOULEVARD AS SHOWN ON SAID ROAD PLAT BOOK 3 AT PAGE 181, AND AS REVISED AND CONSTRUCTED ACCORDING TO PALM BEACH COUNTY RIGHT-OF-WAY MAP - PROJECT #84124 ON RECORD IN THE OFFICE OF SAID COUNTY ENGINEER; THENCE, SOUTH 88"31'41" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, SOUTH 85'39'30" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, SOUTH 88'31'41'' EAST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF FEET; THENCE, EASTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 30"46'39", A DISTANCE OF FEET TO THE POINT OF TANGENCY; THENCE, NORTH 60'41'40" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DAVIS ROAD (AN 80 FOOT ROAD RIGHT-OF-WAY ABANDONED BY RESOLUTION NO. R AND RECORDED IN OFFICIAL RECORDS BOOK 10199, PAGE 826, SAID PUBLIC RECORDS); SAID POINT BEING A POINT ON A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF FEET AND WHOSE RADIUS POINT BEARS NORTH 16'18'58" WEST; THENCE, NORTHWESTERLY ALONG SAID CURVE AND ALONG SAID DAVIS ROAD EAST RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 108'20'03", A DISTANCE OF FEET TO THE POINT OF TANGENCY; THENCE, NORTH 02'01'04" EAST, CONTINUING ALONG SAID DAVIS ROAD EAST RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE NORTHEAST CORNER OF SAID DAVIS ROAD RIGHT-OF-WAY AS ABANDONED; THENCE, SOUTH 88'35'06" EAST, DEPARTING SAID EAST RIGHT- OF-WAY LINE, A DISTANCE OF FEET; THENCE, SOUTH 29'20'02" EAST, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE SAID NORTHERLY RIGHT-OF-WAY LINE OF SUMMIT BOULEVARD; THENCE, NORTH 60'41'40" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF FEET; THENCE, EASTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, Petition DOAI D Page 3

4 THROUGH A CENTRAL ANGLE OF 30'40'44", A DISTANCE OF FEET TO THE POINT OF TANGENCY; THENCE, SOUTH 88'37'36'' EAST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, NORTH 49'43'22" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS SHOWN IN SAID ROAD PLAT BOOK 3, PAGE 181, AND IN ROAD PLAT BOOK 5, PAGE 49, SAID PUBLIC RECORDS; THENCE, NORTH 02'31'04" EAST, ALONG SAID WEST RIGHT-OF- WAY LINE, A DISTANCE OF FEET; THENCE, NORTH 06'25'37" EAST, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, NORTH 02'31'04" EAST, CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF THE RIGHT-OF-WAY EASEMENT FOR LAKE WORTH DRAINAGE DISTRICT CANAL L-5, AS RECORDED IN OFFICIAL RECORDS BOOK 3538, PAGE 1616, SAID PUBLIC RECORDS; THENCE, NORTH 88'38'58" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, SOUTH 01 '21'02" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, NORTH 88'38'58" WEST, A DISTANCE OF FEET; THENCE, NORTH 27'24'36" WEST, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE SAID SOUTH RIGHT-OF-WAY LINE OF THE RIGHT-OF-WAY EASEMENT FOR LAKE WORTH DRAINAGE DISTRICT CANAL L-5; THENCE, NORTH 88'38'58" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE SAID EAST RIGHT-OF-WAY LINE OF SAID KIRK ROAD; THENCE, SOUTH 03'12'00" WEST, ALONG SAID EAST RIGHT- OF-WAY LINE, A DISTANCE OF FEET; THENCE, SOUTH 88'31'41" EAST, DEPARTING SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF FEET; THENCE, SOUTH 03'12'00" WEST, A DISTANCE OF FEET; THENCE, NORTH 88'31'41" WEST, A DISTANCE OF FEET TO THE INTERSECTION THEREOF WITH THE SAID EAST RIGHT-OF-WAY LINE OF KIRK ROAD; THENCE, SOUTH 03'1 2'00'' WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 44 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING A PORTION OF BLOCK 1, PALM BEACH PLANTATIONS PLAT NO. 1 (MODEL LAND COMPANY), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK IO, PAGE 20, PUBLIC RECORDS, PALM BEACH COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 1; SAID SOUTHEAST CORNER ALSO BEING THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6; THENCE, NORTH 02'30'50" EAST, ALONG THE EAST LINE OF SAID BLOCK 1 AND ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6, A DISTANCE OF FEET; THENCE, NORTH 88'38'58" WEST, DEPARTING SAID EAST LINES, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE; SAID POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF THE RIGHT-OF-WAY EASEMENT FOR LAKE WORTH DRAINAGE DISTRICT CANAL L-5, AS RECORDED IN OFFICIAL RECORDS BOOK 3538, PAGE 1616, SAID PUBLIC RECORDS, AND THE POINT OF BEGINNING. THENCE, CONTINUE NORTH 88'38'58" WEST, ALONG SAID NORTH RIGHT-OF- WAY LINE, A DISTANCE OF FEET; THENCE, NORTH 02"30'50" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO A POINT ON THE PROPOSED SOUTH RIGHT-OF-WAY LINE OF GUN CLUB ROAD AS DEPICTED ON PALM BEACH COUNTY DRAWING C ON FILE IN THE OFFICE OF THE COUNTY ENGINEER FOR PALM BEACH COUNTY; THENCE THE FOLLOWING SIX (6) COURSES ALONG SAID PROPOSED SOUTH RIGHT-OF- WAY LINE: THENCE, SOUTH 68'08'54" EAST, A DISTANCE OF 5.90 FEET; Petition DOAI D Page 4

5 THENCE, SOUTH 64'39'05" EAST, A DISTANCE OF FEET TO A POINT ON A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF FEET AND WHOSE RADIUS POINT BEARS NORTH 21 '51'06" EAST; THENCE, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19'20'18, A DISTANCE OF FEET TO THE POINT OF TANGENCY; THENCE, SOUTH 87'29'12" EAST, A DISTANCE OF FEET; THENCE, SOUTH 42'29'1 1" EAST, A DISTANCE OF FEET; THENCE, SOUTH 87'29'10" EAST, A DISTANCE OF 3.89 FEET TO THE INTERSECTION THEREOF WITH THE SAID WEST RIGHT-OF-WAY LINE OF CONGRESS AVENUE; THENCE, SOUTH OI"14'15" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING: ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF RECORD. TOGETHER WITH AN EASEMENT FOR LANDSCAPE PURPOSES OVER THE FOLLOWING TWO PARCELS: LANDSCAPE EASEMENT 1 A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 44 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING A PORTION OF BLOCK 1, PALM BEACH PLANTATIONS PLAT NO. 1 (MODEL LAND COMPANY), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK IO, PAGE 20, PUBLIC RECORDS, PALM BEACH, COUNTY, FLORIDA; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6, WHICH IS COMMON WITH THE SOUTHWEST CORNER OF BLOCK 3 OF THE SAID PLAT NO. 1 PALM BEACH PLANTATIONS (MODEL LAND COMPANY); THENCE NORTH 01'28'45" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 6, FOR 122,55 FEET; THENCE AT RIGHT ANGLES TO THE PRECEDING COURSE SOUTH 88"31'15" EAST FOR 3.68 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF KIRK ROAD AS SHOWN ON ROAD PLAT BOOK 3 AT PAGE 181 AND AS DEPICTED IN PALM BEACH COUNTY RIGHT-OF-WAY MAP FOR KIRK ROAD-FOREST HILL BOULEVARD TO SOUTHERN BOULEVARD PROJECT # ON FILE IN THE OFFICE OF THE COUNTY ENGINEER, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 26O45'114" EAST ALONG SAID RIGHT-OF-WAY LINE TO THE NORTH RIGHT-OF-WAY LINE OF SUMMIT BOULEVARD AS SHOWN ON ROAD PLAT BOOK 3 AT PAGE 181 OF SAID PUBLIC RECORDS, AND REVISED AND CONSTRUCTED ACCORDING TO PALM BEACH COUNTY RIGHT-OF-WAY MAP-PROJECT #84124 ON RECORD IN THE OFFICE OF THE COUNTY ENGINEER FOR PALM BEACH COUNTY, FOR FEET; THENCE ALONG THE SAID NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FIVE COURSES. SOUTH 88'31'41" EAST, FOR FEET; THENCE SOUTH 85'39'30" EAST, FOR FEET; THENCE SOUTH 88'31'41" EAST, FOR FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF FEET AND A DELTA ANGLE OF 30'46'39", FOR FEET; THENCE NORTH 6 '41'40" EAST, FOR FEET TO THE POINT OF BEGINNING OF LANDSCAPE EASEMENT 1; THENCE NORTHWESTERLY ALONG THE ARC OF A NON TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF FEET, A CHORD BEARING OF NORTH 72'48'31" WEST AND A DELTA ANGLE OF 66'56'08", FOR FEET; THENCE NORTH 60'41'40" EAST ALONG A LINE 20 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH RIGHT- OF-WAY LINE OF SUMMIT BOULEVARD, FOR FEET; THENCE SOUTH 29'18'20" EAST FOR FEET TO A POINT ON THE SAID NORTH RIGHT-OF- Petition DOAI D Page 5

6 WAY LINE OF SUMMIT BOULEVARD, SAME POINT HEREAFTER KNOWN AS POINT THENCE SOUTH 60"41'40'' WEST ALONG SAID NORTH RIGHT-OF- WAY LINE OF SUMMIT BOULEVARD FOR FEET AND THE POINT OF BEGINNING OF LANDSCAPE EASEMENT 1. TOGETHER WITH: LANDSCAPE EASEMENT 2 COMMENCING AT THE AFOREMENTIONED POINT AA@, THENCE NORTH 60"41'40" EAST, ALONG THE SAID NORTH RIGHT-OF-WAY LINE OF SUMMIT BOULEVARD, FOR FEET TO THE POINT OF BEGINNING OF LANDSCAPE EASEMENT 2; THENCE NORTH 29'18'20" WEST, FOR FEET; THENCE NORTH 60"41'40" EAST ALONG A LINE FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) AND PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE OF SUMMIT BOULEVARD, FOR FEET TO THE EAST LINE OF THE CREDIT UNION OF PALM BEACH COUNTY PARCEL; THENCE SOUTH 29'19'55" EAST ALONG THE SAID EAST LINE OF THE CREDIT UNION OF PALM BEACH COUNTY PARCEL, FOR FEET TO A POINT ON THE SAID RIGHT-OF-WAY LINE OF SUMMIT BOULEVARD; THENCE SOUTH 60'41'40" WEST, ALONG THE SAID NORTH RIGHT- OF-WAY LINE OF SUMMIT BOULEVARD, FOR FEET TO THE POINT OF BEGINNING OF LANDSCAPE PARCEL 2. Together With LEGAL DESCRIPTION A parcel of land in Section 6, Township 44 South, Range 43 East, Palm Beach County, Florida, being a portion of Tracts 5 through 8, Block 2 of Palm Beach Plantations Plat 1 Model Land Company as recorded in Plat Book IO, Page 20, of the Public Records of Palm Beach County, Florida, more particularly described as follows: Commence at the West quarter corner of said Section 6; Thence along the West line of said Section 6, N01131=42@E for feet to the North right-of-way line of Lake Worth Drainage District Canal L-5, as recorded in Official Record Book 3538, Page 1616, of said Public Records; Thence along said North right-of-way line, S88138=58@E for feet to the East right-of-way line of Kirk Road, as recorded in Road Plat Book 3, Page 182, of said Public Records and the Point of Beginning; Thence along said East right-of-way line, NO1 131=42@E for feet as recorded in Official Record Book 8102, Page 1215, of said Public Records; Thence along said rightof-way line for the following two (2) courses: 1) Thence NO51 01 for feet; 2) Thence NO1 131=42@E for feet; Thence N47102=24@E for feet; Thence S87126=56@E for feet; Thence S88143=19@E for feet; Thence SO11 16=41@W for feet; Thence N88138=58@W for feet; Thence SO1 1 for feet to said North right-of-way line of Lake Worth Drainage District Canal L-5; Thence along said North right-of-way line, N88138=58@W for feet to the Point of Beginning. Containing acres, more or less. The Overall Boundary Containing Acres Petition DOAI D Page 6

7 EXHIBIT B VI CI N ITY SKETCH EXHIBIT B PALM.. Petition Number Zoning Quad Page 17 *OR** Date December NORTH Petition D Page 7

8 EXHIBIT C CONDITIONS OF APPROVAL NOTE: All previous conditions of approval are shown in BOLD and will be carried forward with this petition unless expressly modified. A. ALL PETITIONS 1. Condition A.l of Resolution ZR , Petition C, which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions ZR and R , Petition (B) have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Zoning Commission unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution ZR , Petition C have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Zoning Commission unless expressly modified. (ONGOING: ZONING - Zoning) 2. Condition A.2 of Resolution ZR , Petition C, which currently states: B. ACCESS Development of the site is limited to the uses and site design as approved by the Zoning commission. The approved site plan is dated January 02, All modifications must be approved by the Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. Is hereby amended to read: Development of the site is limited to the uses and site design as approved by the Zoning Commission. The approved site plan is dated November 12, All modifications must be approved by the Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING -Zoning) 1. Vehicular access from Kirk Road shall be limited, as follows: a. Timing: No more than two (2) periods annually in conjunction with special events at the site. Each period shall be no more b. c. d. e. than twenty (20) days in length; Use: Media and tournament personnel only; Maintenance: The portion of the drive at the right-of-way shall be maintained by the golf course as a shell rock surface, or other surfacing if required by the Palm Beach County Engineering Department; Security: The access gate shall be manned when in use; Hours of operation: 6:OO a.m. to 1O:OO p.m., with exception to vehicles exiting the site; and Petition D Page 8

9 f. Access from Kirk Road shall cease at such time as the construction commences for the widening of Kirk Road or the proposed nine (9) hole expansion is operational, whichever shall occur first. (ONGOING: CODE ENFlENG - Zoning) (Previous Condition B. 1 of Resolution ZR , Petition (C)) 2. Vehicular access from Gun Club Road shall be limited, as follows: a. Timing: No more than two (2) periods annually in conjunction with special events at the site. Each period shall be no more than twenty (20) days in length; b. Use: Media and tournament personnel only; and c. Security: The access gate shall be manned when in use. (ONGOING: CODE ENF/ENG - Zoning) C. BUILDING AND SITE DESIGN 1. Prior to final Development Review Committee (DRC) approval, the site plan shall be revised to indicate 49,370 square foot for the clubhouse and the 6,000 square feet of golf course shelters/restrooms. (DRC: ZONING - Zoning) D. ENVIRONMENTAL RESOURCES MANAGEMENT 1. All existing native vegetation depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation has been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. (DRC/ONGOING: ZONING/ERM - ERM) (Previous Condition C.l of Resolution ZR , Petition (C) 2. Barricade style fencing shall be placed in a location that is twice the drip-line of the existing native vegetation, or other line as determined by ERM, to prevent damage to the root zone. Fencing shall include a permanent alignment, such as chain link or hog-wire that cannot be easily relocated. Fencing shall not include railroad ties. (ONGOING: ERM - ERM) (Previous Condition C.2 of Resolution ZR , Petition (C) 3. All existing native vegetation depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. (ONGOING: ERM - ERM) 4. A 25% set-aside equal to or greater than 8.44 acres shall be depicted on the site plan in a location that contains the highest quality native vegetation and is approved by ERM. (ONGOING: ERM - ERM) E. ENGINEERING Petition The property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for the Congress Aven ue/aus t ra I i an Aven ue overpass. T h is antic i pates the dedication of a triangular section of property starting at the northeast corner of the property and extending west along the new Gun Club Road approximately 24 feet, then extending on a straight line in a southeasterly direction, intersecting the existing Congress Avenue right of way at the north side of the canal, approximately 1,000 feet south of the starting point. Any required landscaping, buffering, berming, etc. shall be designed using the new right of way Page 9

10 as the appropriate reference point. [NOTE: Condition completed.] All right of way shall be conveyed on or before January 1, 1998 or prior to the issuance of the first Building Permit whichever shall first occur. The property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Right-of-way conveyances shall also include "Corner Clips" where appropriate as determined by the County Engineer. (DATE/BLDG PRMT: MONITORING/ENG - Eng) (Previous Condition E. I of Resolution ZR , Petition (C)) 2. On or before January 1, 1998, the property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive ouffall for runoff from those segments of a. The expanded intersection at Congress Avenue and Summit Boulevard [NOTE: Condition completed.] b. Kirk Road along the property frontage; and a maximum 800 feet of these adjacent roadways [NOTE: Condition completed.] c. Gun Club Road along the property frontage; and a maximum 800 feet of these adjacent roadways (DATE: MONITORING - Eng) (Previous Condition E.2 of Resolution ZR , Petition (C)) [NOTE: Condition completed.] 3. Prior to site/master plan approval the property owner and lessee shall enter into and record in the public records, the Temporary Construction Restoration Agreement as approved by the Board of County Commissioners. This agreement shall grant to the County or the FDOT an area I O foot wide measured from the right of way line into the property for construction purposes. The agreement shall cover the areas along Summit Boulevard, Gun Club Road, Congress Avenue and Kirk Road. (DRC: ENG - Eng) (Previous Condition E.3 of Resolution ZR , Petition (C)) [NOTE: Condition completed.] 4. Prior to Site Plan approval by the Development Review Committee, the property owner shall revise the site plan to: a) Reflect a cul-de-sac at the termination of Davis Road right-ofway or have completed the abandonment process for Davis Road north of Summit Boulevard. (DRC: ENG - Eng) (Previous Condition E.4 of Resolution ZR , Petition (C)) [NOTE: Condition has been satisfied.] 5. Landscape within Median Petition D a. Prior to issuance of a building permit, the property owner shall apply to the Land Development Division, Permit Section, of the Palm Beach County Engineering and Public Works Department for a permit to landscape all adjacent median(s) of all abutting rights-of-way. When permitted by the Land Development Division Palm Beach County Department of Engineering and Public Works, landscaping shall, at a minimum, consist of the "Low Cost Planting Concept" outlined in the Palm Beach County Engineering and Public Works Department March 1994 Streetscape Standards and shall be consistent with the landscaping theme adopted for this roadway. Also, any existing trees within the median shall be incorporated into this Page 10

11 projects overall design. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng) (Previous Condition E.5. A of Resolution ZR , Petition (C)) [NOTE: Condition completed.] b. All required median landscaping, including an irrigation system if required shall be installed at the property owners expense. All landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Owner's Association and/or Home ow ne rs's As so cia t ion. Per pet u al maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. The maintenance responsibility of any existing trees within the median shall also become the responsibility of this property owner. All landscape material shall be installed on or before the issuance of a Certificate of Occupancy. (CO: MONITORING - Eng) (Previous Condition E.5.B of Resolution ZR , Petition (C)) C. Declaration of Covenants and Restriction Documents shall be established or amended as required, prior to issuance of a certificate of occupancy to reflect this obligation. (CO: MONITORING - Eng) (Previous Condition E.5.C of Resolution ZR , Petition (C)) 6. Landscape within Median of Congress Avenue: Petition D a. Prior to January 1, 2002, the property owner shall apply to the Palm Beach County Engineering and Public Works Department for a permit to landscape the adjacent median of Congress Avenue from the LWDD L-5 Canal north to the proposed bridge over the C51 Canal. This permit, to be completed by the property owner, shall name Palm Beach County as the applicant. As part of this permit process, the property owner shall enter into a Right of Way, Landscape Maintenance, Removal, and Indemnification Agreement. The Property Owner shall be required to expend the minimum amount of $159,017 to satisfy this condition of approval. All costs shall be approved by the Engineering Department. All landscape material, installation, and maintenance requirements shall be subject to the standards set forth by the Streetscape Standards. If all xeriscape material is utilized, the watering of the plant material during the initial heal-in period shall be the responsibility of the property owner. Alternative species other than those listed in the County standards may be allowed subject to approval by the County Engineer. (BLDG PERMIT: MONITORING - Eng) b. All required median landscaping, including an irrigation system, shall be installed at the property owners expense. All landscaping, and similar materials shall be the perpetual maintenance obligation of the petitioner and its successors, or assigns or maintenance may be assumed by the County upon payment equal to the long term maintenance cost, in Page 11

12 accordance with the adopted policy approved by the Board of County Commissioners. All existing landscape material shall also be the perpetual maintenance obligation of the petitioner and its successors, heirs or assignees or duly established Property Ow ne r's Association and/or Homeowners's Association. Perpetual maintenance includes, but is not limited to, pruning, fertilizing, irrigation, and alternate watering of Xeriscape material during periods of drought in order to maintain healthy plant material. All landscape material shall be installed prior to October I, (CO: MONITORING - Eng) c. If the County does not assume maintenance responsibility, then the appropriate property owners documents or other restrictive covenant documents evidencing the maintenance obligation shall be established or amended as required and shall be approved and recorded prior to January I, (BLDG PERMIT: MONITORING - Eng) d. Prior to November I, 2000 the property owner shall coordinate with the Florida Department of Transportation any required Change Orders for the Australian Avenue/Southern Boulevard Overpass to permit: - installation of sleeves to allow irrigation pipes for the purpose of irrigating the landscape material by the property owner as required in the condition above (and) - backfilling of the proposed medians to be landscaped with approved soil. (DATE: MONITORING - Eng) (Previous Condition E.6 of Resolution ZR , Petition ( B)) 7. The Department of Airports shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for an expanded intersection on Summit Boulevard at Congress Avenue to permit the construction of dual left turn lanes south approach on Congress Avenue at Summit Boulevard. Right of way shall be conveyed on or before September 15, Right of way conveyance shall be a minimum of 6 feet of width plus the appropriate taper. (DATE: MONITORING - Eng) (Previous Condition E.8 of Resolution ZR , Petition (C) 8. Vehicular access from Kirk Road to the site shall be prohibited except for two periods each year. Each period shall be no more than 20 days in length, and only in connection with special events at the site. At such time as the construction commences for the widening of Kirk Road or the new 9 hole golf course is complete, whichever shall first occur, access to the site from this particular location shall cease. That portion of the drive at the right of way shall be maintained by the golf course as a shell rock surface. The gate shall also be manned during access events. (ONGOING: ENG - Eng) (Previous Condition E.9 of Resolution ZR , Petition (C) 9. Prior to February I, 2004, or prior to the issuance of the first Building Permit, whichever shall first occur, the property owner shall convey to Palm Beach County Land Development Division by road right-of-way warranty deed for an expanded intersection for both Kirk Road and Gun Club Road in accordance with Palm Beach County's Expanded Intersection Details. This additional right of way for Kirk Road and Gun Club Road shall be free of all encumbrances and encroachments. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Acquisition Section to ensure that the property is free of all encumbrances and encroachments. Petition D Page 12

13 Right-of-way conveyances shall also include "Corner Clips" where appropriate at intersections as determined by the County Engineer. (DATE/BLDG PERMIT: MONITORING - Eng) IO. Prior to issuance of a building permit the property owner shall convey a temporary roadway construction easement along Kirk Road and Gun Club Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The location, legal sketches and the dedication documents shall be approved by the County Engineer prior to final acceptance. (BLDG. PERMIT: MONITORING - Eng) 11. On or before December 1, 2003, the property owner shall convey to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Kirk Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retentioddetention, Compensating storage within this projects retention system as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which at its discretion may use this fill material. (DATE: MONITORING - Eng) F. HEALTH 1. Reasonable precautions shall be taken during development to insure that unconfined particulates (dust particles) from the property do not become a nuisance to neighboring properties. (ONGOING: HEALTHCODE ENF - Health) (Previous Condition D.l of Resolution ZR , Petition (C)) 2. All necessary precautions will be taken to prevent leaching into the soil or ground water of any toxic or hazardous material such as pesticides, fertilizers and herbicides. Any such materials shall be stored on an impervious surface sufficiently bermed to prevent runoff. (ONGOING: HEALTHEODE ENF - Health) (Previous Condition D.2 of Resolution ZR , Petition (C)) 3. Application and engineering plans to construct the OSTDS for the golf rest areas in accordance with Rule 10D-6FAC and Palm Beach County ECR-I must be submitted to the Palm Beach County Health Department prior to final site plan approval. (DRC: HEALTH - Health) (Previous Condition 0.3 of Resolution ZR , Petition (C)) Petition D Page I3

14 4. Generation and disposal of any hazardous effluent into sanitary sewer system shall be prohibited unless adequate pretreatment facilities approved by the Florida Department of Environmental Protection and the agency responsible for sewage works are constructed and used by project tenants or owners generating such effluent. (ONGOING: HEALTHKODE ENF - Health) 5. Any toxic or hazardous waste, which may be generated at this site, shall be handled and disposed of in accordance with Rule FAC. (ONGOING: HEALTHEODE ENFORCEMENT - Health) 6. The owner, occupant or tenant of this facility shall participate in an oilrecycling program, which ensures proper re-use or disposal of any waste oil. (ONGOING: HEALTHKODE ENF - Health) G. LANDSCAPING - STANDARD All canopy trees required to be planted on site by this approval shall meet the following minimum standards at installation: a. Tree height: fourteen (14) feet. b. Trunk diameter: 3.5 inches measured 4.5 feet above grade. c. Canopy diameter: seven (7) feet. Diameter will be determined by the average canopy radius, at 3 points measured from the trunk to the outermost branch tip. Each radius shall measure at least 3.5 feet in length. (CO: LANDSCAPE - Zoning) (Previous Condition F.l of Resolution ZR , Petition (C)) 2. Chain link fence used or installed in the perimeter landscape buffers along Gun Club Road, Congress Avenue, Summit Boulevard or Kirk Road shall be black vinyl coated. (CO: LANDSCAPE - Zoning) (Previous Condition F.5 of Resolution ZR , Petition (C)) H. LANDSCAPING ALONG NORTH, SOUTH, EAST AND WEST RIGHT-OF-WAY FRONTAGES (FRONTAGES OF CONGRESS AVENUE, SUMMIT BOULEVARD, KIRK ROAD AND GUN CLUB ROAD) 1. Landscaping and buffering along Congress Avenue, Summit Boulevard and the south 558 feet of Kirk Road shall include: a. b. c. A minimum twenty (20) foot wide landscape buffer; One (I) Royal Palm planted a maximum twenty-five (25) feet on center; Twenty-four (24) inch high Ficus hedge spaced no more than thirty-six (36) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (CO: LANDSCAPE - Zoning) (Previous Condition F.2 of Resolution ZR , Petition (C)) 2. Landscaping and buffering along Gun Club Road, Kirk Road excluding the south 558 feet shall include: a. b. c. d. Petition A minimum twenty (20) foot wide landscape buffer; One (I) canopy tree planted every twenty (20) feet on center; One (1) palm or pine tree for each twenty (20) linear feet, with a maximum spacing of sixty (60) feet on center. A group of three or more palms or pine trees may supersede the requirement for a canopy tree; and Twenty four (24) inch high shrub, understory or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of fortyeight (48) inches. (CO: LANDSCAPE - Zoning) (Previous Page 14

15 Condition F.3 of Resolution ZR , Petition (C)) 3. The landscape requirements above shall be planted on the exterior side of any fence, wall, or berm installed within the buffer. Any wall installed within the landscape buffer shall be setback a minimum of 10 feet from the ultimate right-of-way. (CO: LANDSCAPE - Zoning) (Previous Condition F.4 of Resolution ZR , Petition (C)) I. LIGHTING 1. All outdoor lighting used to illuminate the subject property and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. This condition shall not apply to security lighting, lighting to illuminate the driving range or low voltage landscape lights used to emphasize or accent plant material. (CO: BLDG - Zoning) (Previous Condition H.l of Resolution ZR , Petition (C)) J. PROTECTION OF RESIDENTIAL AREAS 1. Development and construction of the golf course, clubhouse, and facilities shall be limited to the following hours: Monday through Saturday from 7 am to 9 pm, and Sunday from 10 am to 8 pm. (ONGOING: CODE ENF - Zoning) (Previous Condition 1.1 of Resolution ZR , Petition (C)) 2. Best management practices, acceptable to the Health Department, shall be utilized during construction to alleviate dust and dirt caused by land clearing operations. (ONGOING: HEALTH) (Previous Condition H.2 of Resolution ZR , Petition (C)) 3. Prior to initiation of land clearing or development on the site, the petitioner shall install a temporary four (4) foot high fence along the west boundary of the site. (VEG REMOVAL: ERM - Zoning) (Previous Condition H.3 of Resolution ZR , Petition (C)) K. SIGNS 1. Freestanding signs shall be limited as follows: a. Maximum sign height, measured from finished grade to b. c. d. e. highest point - eight (8) feet; Maximum sign face area per side - 60 square feet; Maximum number of signs -three (3), Location - Summit Boulevard only; and Style - monument style only. (CO: BLDG - Zoning) (Previous Condition J.l of Resolution ZR , Petition (C)) 2. Condition H.1. shall not apply to directional signs. (CO: BLDG - Zoning) (Previous Condition J.2 of Resolution ZR , Petition (C)) L. COMPLIANCE I. In granting this approval, the Zoning Commission relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Zoning Commission for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) (Previous Condition K.l of Resolution ZR , Petition (C)) Petition D Page 15

16 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; b. revocation of any concurrency; and/or The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; andlor c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of noncompliance, or the addition or modification of conditions reasonably related to the failure to comply with existing d. e. conditions; and/or Referral to code enforcement; and/or Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning) Previous Condition K.2 of Resolution ZR , Petition (C) Petition D Page 16