AGENDA DOCUMENTS
CITY Ot- BOYNTON BE.ACH
PLANNING & DEVELOPMENT BOARD MEETING
AGENDA
DATE: Tuesday April 14, 1998
TIME: 7:00 P .M,
PLACE: Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1, Pledge of Allegiance,
2, Introduction of Mayor, Commissioners and Board Members,
3, Agenda Approval.
4, Approval of Minutes,
5, Communications and Announcements,
A. Planning and Zoning Report
1) Final disposition of the March 24, 1998 Planning and Development Board meeting agenda
items.
B, Filling of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications.
C, Joint City Commission, Planning and Development Board and Chamber of Commerce workshop
to be held April 23, 1988 at 6:30 P.M, in the Library Program Room.
6, Old Business
None
7. New Business:
A. PUBLIC HEARING
Conditional Use (Tabled at the February 24, 1998, March 10, 1998 and March 24, 1998
Planning and Development Board meetings.)
1.
PROJECT:
Palm Walk ACLF
AGENT:
Ehasz Giacalone Architects
OWNER:
Palm Walk Associates
Page 2
Planning and Development Board Meeting
Agenda, April 14,1998
LOCATION:
DESCRIPTION:
S.W. 19th Avenue
Request for conditional use approval to construct a 48 bed Alzheimer
care living facility to be known as the Palm Walk adult congregate
living facility,
Rezonina
(Tabled at the March 24, 1998 Planning and Development Board meeting,)
2.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Zonina Code Variance
3.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Zonina Code Variance
4.
PROJECT:
AGENT:
Hills at Lake Eden PUD
Mike Zeman
15.40 acres of property located between S. Seacrest Boulevard
and Swinton Avenue, just north of the westward extension of
Gulfstream Boulevard (10 Lake Eden Drive),
Request to modify the approved rezoning master plan to reduce
the required minimum rear setback for pools and screen
enclosures from 29 feet to 20 feet on lots #1 through #9 and on
lots #17 through #25; and to reduce the required minimum side
building setback from 10 feet to 7% feet on lots #1 through #8;
and to modify two conditions of the original PUD rezoning to
reduce the required minimum dwelling unit size from 2,400
square feet (under air) to 2,250 square feet (under air); and to
reduce the required minimum average dwelling unit size from
2,600 square feet (under air) to 2,450 square feet (under air).
658 Manor Drive (Barbara Bradshaw)
Peter H. Schmdit
658 Manor Drive.
Request for variances from the City of Boynton Beach Land
Development Regulations, Chapter 2 - Zoning, Section 5,G.2 to
allow a reduction of the minimum side yard requirement from 20
feet to 1.6 feet and the minimum rear yard requirement from 40
feet to 10,7 feet, respectively.
658 Manor Drive (Barbara Bradshaw)
Peter H. Schmdit
Page 3
Planning and Development Board Meeting
Agenda, April 14, 1998
LOCATION:
658 Manor Drive
DESCRIPTION:
Request for variances from Chapter 2 - Zoning, Section 5.G,2,a,
to allow for a reduction of the required minimum 750 square feet of
living area for apartment units to 370 square feet for unit #5; 568
square feet for unit #9; and 499 square feet for unit #10,
New Site Plan
5,
PROJECT:
Englewood Medical Building
AGENT:
Kres Mihelich
LOCATION:
906 S, Federal Highway
DESCRIPTION:
Request for site plan approval to construct a 5,480 square foot
medical office building on a 0,696 acre parcel of land,
8, Other
None
9, Comments by members
10, Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED, (F.S, 286,0105)
ALL ITEMS WHICH ARE NOT PUBUC HEARING, WILL GO FORTH TO THE CITY COMMISSION AS CONSENT AGENDA ITEMS.
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESS .RY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY, PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM
OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
xc: Central File
J:\SHRDA T A\PLANNING\SHARED\WP\AGENDAS\P&D\4-14-98, DOC
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CIl _ OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Manager's Office Meeting Dates in to City Manlll1:er's Office
0 December 16, 1997 December 5, 1997 (noon) 0 February 17, 1998 February 6, 1998 (noon)
0 January 6, 1998 December 19, 1997 (noon) 0 March 3, 1998 February 20, 1998 (noon)
0 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon)
0 February 3, 1998 January 23, 1998 (noon) ~ April 7, 1998 March 20, 1998 (noon)
RECOMMENDATION:
The request below has been advertised for public hearing at the April 7, 1998 City Commission meeting. However, at the
March 24, 1998 Planning and Development Board meeting, the Board tabled the request to their April 14, 1998 meeting
since the applicant could not be present. Therefore, the hearing before the Commission needs to be tabled to the April 21,
1998 meeting. For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 98-080,
EXPLANATION:
PROJECT: Hills at Lake Eden PUD
AGENT: Mike Zeman
LOCATION: 15.40 acres of property located between S, Seacrest Boulevard and Swinton Avenue, just north of the
westward extension of Gulfstream Boulevard (10 Lake Eden Drive),
DESCRIPTION: Request to modify the approved rezoning master plan to reduce the required minimum rear setback for
pools and screen enclosures from 29 feet to 20 feet on lots # I through #9 and on lots # 17 through #25; and
to reduce the required minimum side building setback from 10 feet to 7Yz. feet on lots #1 through #8; and to
modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size
from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum
average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air).
PROGRAM IMP ACT: N/ A
FISCAL IMPACT: N/A
ALTERNATIVES:
lt~!e(1([,~kt1/'d
Department eaa's Signature
City Manager's Signature
Development
/! Department Name
,~~..9~/~
Planning and toning Dire or
S:\PLANNlNGISHAREDlWP\PROJECTSIHILLEDEN\REZN 98-00 l\AGENDA ITEM REQUEST 4-7-98.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-080
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TO:
FROM:
ChairmCln and Members
Planning and Development Board
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Tambri J. Heyden, Afcp
Planning and Zoning Director
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Michael W. Rumpf
Senior Planner
THRU:
DATE: March 20, 1998
SUBJECT: The Hills at Lake Eden PUD (REZN 98-001)
Request for Modification of Master Plan and Rezoning Conditions
INTRODUCTION
Robert Trautman, President of Kennedy Properties, Ud" property owners, is requesting that the
Hills at Lake Eden Planned Unit Development (PUD) be revised through the modification of
approved setbacks and the minimum and minimum average unit sizes required as a condition of
approval. The Hills at Lake Eden PUD is located on the west side of the intersection of
Seacrest Boulevard and Gulfstream Boulevard (see attached location map in Exhibit "A"),
According to the petitioner, the requested changes are necessary to allow for the construction of
four (4) model homes as currently designed, and to increase the number of lots and models that
can be designed to include pools and screen enclosures.
PROJECT HISTORY
The City Commission, on March 19, 1996, adopted the rezoning ordinance for The Hills at Lake
Eden PUD, which action rezoned 15.45 acres of property from R-1-AAB Single Family
Residential to Planned Unit Development with a Land Use Intensity of 5 (PUD w/LUI=5), This
request included a master plan for 56 single family detached dwelling units at a gross density of
3.6 units per acre,
The Hills at Lake Eden PUD was approved with certain design characteristics and conditions of
approval intended to preserve natural site resources and to maximize compatibility of the
appearance and property values with those of the Lake Eden Plat 4 sub jivision located to the
west of this project, The design characteristics and conditions regarded, in part, access,
preservation of sensitive lands, buffering and landscaping, minimum and average unit size, and
setbacks, A description of the original project and analysis, and the conditions on which the
rezoning was approved, are contained within Planning and Zoning Department Memorandum
No, 95-648 and the corresponding development order.
On May 21, 1996 the applicant requested the City to decrease the minimum living area
requirement from 2,400 square feet to 1,800 square feet, and to reduce the minimum average
living area requirement from 2,600 square feet to 2,400 square feet. The applicant based this
request upon the claim that the market would not support the housing product produced by
these requirements, which is influenced by the variety of homes (which creates a wide range of
/
REZN 98-001
Page 2
values) found within the neighborhoods that surround the subject property, Although a market
study was not submitted with this request, the applicant indicated that the range of property
values for adjacent properties is $75,000 to $240,000 (including Barrett Heights, Mission Hill,
and lake Eden Plat 4), This request was denied by the Commission who felt that the request
was not justified, and therefore, the original conditions and intent to maximize compatibility with
the more valuable homes within this area, remained unaltered,
DESCRIPTION/ANAL YSIS
The current rezoning petition includes a request to modify the master plan as follows:
1) Reduce the minimum rear setback for pools and screen enclosures from *25 feet to
20 feet on lots #1 through #9, and on lots #17 through #25; and
2) Reduce the required minimum side building setback from 10 feet to 7Y2 feet on lots
#1 through #8,
*(It should be noted that a typographical error was found in the application after processing was
initiated and notices were mailed, Whereas the application requests to modify the rear pool and
screen enclosure setback of 29 feet, the current approved rear setback for pools and screen
enclosures for lots #1 through #9 and lots #17 through #25 is 25 feet)
This petition also includes a request to modify certain conditions on which the Hills at lake Eden
PUD master plan was approved, and are described as follows:
1) Reduce the required minimum dwelling unit size from 2,400 square feet (under air) to
2,250 square feet (under air); and
2) Reduce the required minimum average dwelling unit size from 2,600 square feet
(under air) to 2,450 square feet (under air),
These proposed changes are also indicated on the revised master plan as submitted which has
been reduced and included within Exhibit "8".
Applicant's Justification:
The applicant has stated that the four (4) model homes to be sold and constructed in this PUD
were designed not knowing that the square footage (required) would be equal to the air
conditioned space within the home, rather than based on the standard methodology provided
within the city's zoning code for all zoning districts. The established methodology within the
city's land development regulations allows portions of the unit that are not air conditioned to
contribute toward the tabulation of total living area in the home. According to this methodology,
10% of screen rooms, 25% of carports and roofed open porches, and 50% of garages and utility
rooms can contribute toward total living area. In contrast to this methodology, the subject PUD
was approved with the special requirement that living area would be only the air conditioned
space within each dwelling unit. The applicant has apparently designed and begun marketing
homes which do not meet the minimum living area required for each unit within the PUD, 2,400
square feet, when only the air conditioned space is tabulated. As currently designed, two (2) of
the four (4) models are less than the required minimum of 2,400 square feet. The smallest unit
is currently 2,251 square feet under air, which is 149 square feet less than the required
minimum (if the standard methodology for calculating livin!;J,~area was used, this home would
equal nearly 2,600 square feet). The second deficient.rs currently 2,333 square feet, which
is 67 square feet le~s than the required minimum, . ~el
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The second issue to be a ressed by this requ st relates to setbacks and their restrictive effect
on pools and screen encl sures, As the model are currently designed, insufficient space
remains on many lots to 1I0w for pools and scr en enclosures. Specifically, only two (2) of the
developer's four (4) m els, including the two-s ory model, are feasible with pools and screen
enclosu :es on '. The developer is willing to accept this
restriction on most lots; however, the developer's desire to create a more diverse streetscape
(i.e. not limited to just two-story homes) along Seacrest Boulevard and Swinton Avenue is the
reason for requesting the setback modifications for the 15 lots along the east and west sides of
the project. Without this change, the developer would be prevented from including pools and/or
screen enclosures on any of these lots, or must limit those lots to the two-story model. As the
developer is anticipating a typically high demand for the pool feature, and would prefer not to
limit these lots to the two-story model, for both marketing and appearance reasons, they are
motivated to request the setback modifications. Prior to application submittal, staff met with the. -..
applicant to attempt to resolve the problems through redesigning of the models, However, the
~ conflict between the minimum unit size requirement and the setback restrictions on pools
and screen enclosures made this solution not viable. For example, to fit the pool within the
required setbacks, the unit must be reduced in size. However, by reducing the size of the
models, the unit may be reduced, or reduced further below the size threshold, With respect to
the reduction in the side building setback on only lots #1 through #8, from 10 feet to 7 % feet,
this requirement has also been specifically requested to allow for the pool and screen enclosure
features with..eRe- of tRC wider models deiii8n~ with a enl J~ /) - (' ~ i' 'r' - Q'" f
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Comparison with Approved Plan: ,.
Although the required minimum living area, 2,400 square feet, exceeds the minimum living area
required within the adjacent R-1-AAB zoning district, 1,800 square feet, it was the adjacent
subdivisions of Lake Eden Plat 4 and Mission Hill on which this project was reviewed for
conformity and compatibility. With respect to living area, the 2,400 square feet minimum, and
2,600 square feet minimum average requirements were established by the City Commission,
To evaluate the compatibility of this request with adjacent neighborhoods, staff collected current
data on dwelling unit sizes for the four (4) adjacent neighborhoods that are nearest to the
subject project. As a source for this data, staff used the ISC computer data base which is
acquired through membership dues paid annually by the City, Samples of data were collected
on single family homes within the subdivisions located to the east (Barrett Heights, Debonaire
Estates, Gulfstream Estates, Plat 2), north (Mission Hill), west (Lake Eden Plat 4) and south
(various parcels within Delray Beach) of the Hills at Lake Eden PUD. From the data base, staff
utilized the field (data) labeled "living area", which staff assumes to be comparable to the "under
air" measurement on which this project is being designed and evaluated. The lowest average
unit sizes were found to the east and south. The average unit size to the south, generated from
a sample of four (4) homes, is 1,459 square feet. The largest unit totals 1,943 square feet. The
average unit size to the east is 1,641 square feet, which sample of 13 homes was led by a
2,337 square foot unit. Dwelling unit sizes to the north further increased to an average of 2,268
square feet, and from a sample of the nearest 15 homes, the largest unit contained 4,071
square feet. A sample of 31 homes fro.m the west generated an average unit size of 2,563
square feet, which sample was led by a 3,615 square foot dwelling unit (the 31 homes were
those located generally the nearest to the subject PUD, and excluded those larger, distant
properties located as to have lake frontage as well as canal frontage). It should be noted that
~\. he neighborhoods to the north and west contain units that range as low as 1,494 square feet
(;..J ,..'\.i' and 1,883 square feet, respectively.
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REZN 98-001
Page 4
Compared with housing data collected on homes to the west of this project, the smallest home
allowed in the Hills at Lake Eden PUD project. if this request was granted, would exceed the
size of the smallest home in the sample taken from the west by 367 square feet. Furthermore,
the average home size within the subject PUD would be no more than 113 square feet less than
the average home size observed in the Lake Eden Subdivision to the west.
With respect to changes to minimum setbacks for pools and screen enclosures (on selected
lots), staff estimates that the adjacent neighborhoods to the west and north contain rear
setbacks for pools or screen enclosures that range between 10 feet and 40 feet. This significant
range is a factor of the existence of canal easements within Lake Eden Plat 4, which adds to lot
depth, and the city's minimum rear setback requirement for conventional residential zoning
districts of 8 feet. The original purpose for this more restrictive minimum rear setback (the
minimum setbacks for the remaining lots are 5 feet and 10 feet) on lots #1 through #8 and #17
through #25 is based on the proximity of those lots to Seacrest Boulevard and Swinton Avenue,
As these lots back up to these two rights-of-way, the applicant had established a rear setback
that was more similar to a front setback than the 8 foot rear setback required by city regulations
for pools and screen enclosures in order provide a buffer zone between the right-of-way and the
backs of the homes. The request would reduce this minimum setback from 25 feet to 20 feet (to
the edge of the buffer area along the street), which would be 5 feet less than the required front
setback, and 5 feet greater than the required rear setback for structures within the R-1-AAB
zoning district.
Lastly, the applicant requests to reduce the side building setback on lots #1 through #8 from 10
feet to 7 ~ feet. Whereas the original setback was established based on similarity with the side
setback required within the original and adjacent R-1-AAB zoning district, the requested setback
of 7 ~ feet is the same side setback provided on the remaining 48 lots. Again, this 2 ~ foot
reduction in side setback would increase the number of models that would fit on these eight lots
with pools and screen enclosures, from one model to three models.
RECOMMENDA TION
Staff has evaluated this request using applicable city regulations, based on compatibility with
adjacent properties, and considering the original intent of the conditions placed on this master
plan by the City Commission when approved in 1996, Staff recommends that the rezoning
request submitted by Kenned Homes, Ltd" for the Hills at Lake Eden PUD, be approved
unconditionally (see Exhibit" "), based, in part, on the following general points that summarize
the impact of the proposed c nges to unit size and setback requirements:
'P
1)
There will likely be no impact on adjacent properties from the change in the minimum
unit size of 150 square feet (from 2,400 square feet to 2,250 square feet), as this change
would not produce a noticeable difference in the PUD. and since approximately one-third
of the sample of homes evaluated from the adjacent Lake Eden subdivision are less
than 2,250 square feet;
2) There will likely be no impact on adjacent properties from the change in the minimum
unit size of 150 square feet (from 2,400 square feet to 2,250 square feet), as this change
would not produce a noticeable difference in the PUD, and since approximately one-third
of the sample of homes evaluated from the adjacent Lake Eden subdivision are less
than 2,250 square feet113 square feet greater than the proposed minimum average;
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3) While the proposed change would allow the smallest units to be 2,250 square feet, or
less than thE!l original average size of 2,400 square feet, nearly an equal number of units
1
REZN 98-001
Page 5
will be in excess of 2,300 square feet in order to maintain the required minimum average
size;
4)
The change in minimum unit size to 2,250 square feet still exceeds, by 450 square feet,
the minimum unit size permitted in the original, and adjacent zoning district, R-1-AAB,
Single Family Residential; and
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The effects or benefits of granting the changes in setbacks (e.g. diversity in home types,
mor~ aesthetic streetscape, greater land values) would be preferable over the effects of
these requirements on the PUD, which include a predominance of two-story units along
the visible perimeter of the development, and the lack of pools and screen enclosures
which would otherwise produce a more valuable residential development (this point is
based on the assumption that the units could not be altered in a preferable way that
would allow each unit to fit onto each lot and meet both unit size and all setback
requirements).
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EXHIBIT "A"
LOCATION MAP
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EXHIBIT "B"
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PROPOSED MASTER PLAN
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Cont. Ta"" 1, IMPACT OF DEVEWI'MIlNT RESrRlCTIONS O,ROPOSED MODELS
/
Model Name > > > > > > > "Birch" \Cvnress" / "MaDIe" "Oak"
Model Size (sq.ft) > > > > > 2,400 \ 2,333 / 2,251 2,868
Model Type > > > > > > > conventional l-storv conven\ional l-storv / cou tvard conventional 2-storv
Lot No. no pool with pool no pool \ with p60l no pool with pool no pool with pool
Block #2- 1 X X Ix X X X
2 X X \ / X X X X
3 X X X X X X X
4 X X \ X X X X
5 X X 7 \ X X X X
6 X X I \ X X X X
7 X xl \X X X X
8 X t. \X X X X
9 X Ix ~ X X X
10 X / X 1 X X X
11 X / X ~ X X X
12 X X X\ X X X
/
*Examples:
On lot #1, in block #1, the "Birch" model can only fit without a pool, and the "Oak" model can fit with or without a pool.
On lots #1 - #9, in block #1, a pool feature can only fit if built with the "Oak" model.
EXHIBIT" "
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CONDITIONS OF APPROVAL
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EXHIBIT"/, (!jJ
Conditions of Approval
Project name: Hills at Lake Eden
File number: REZN 98-001
Reference: The plans consist of I sheet identified as I st Review RezonilllZ. File #REZN 98-00 I with a
February 17. 1998 Planning and Zoning Deoartment date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I. To be determined. -
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
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CITY~. BOYNTON B__ACH
PLANNING & DEVELOPMENT BOARD MEETING
AGENDA
~
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.
DATE:
Tuesday March 24, 1998
TIME:
7:00 P .M,
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
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.1 w.
1. Pledge of Allegiance.
2, Introduction of Mayor, Commissioners and Board Members,
3, Agenda Approval.
4, Approval of Minutes.
5. Communications and Announcements,
A. Planning and Zoning Report
1) Final disposition of the March 11, 1998 Planning and Development Board meeting agenda
items,
6, Old Business
None
7. New Business:
A. PUBLIC HEARING
Conditional Use
(Tabled at the February 24, 1998 and March 10, 1998 Planning and
Development Board meetings.)
1.
PROJECT:
Palm Walk ACLF
AGENT:
Ehasz Giacalone Architects
OWNER:
Palm Walk Associates
LOCATION:
S,W. 19th Avenue
- DE'SCRIPTION:
Request for conditional use approval to construct a 48 bed Alzheimer
care living facility to be known as the Palm Walk adult congregate
living facility,
.
Page 2
Planning and Development Board Meeting
Agenda, March 24, 1998
RezoninQ
2.
PROJECT:
Hills at Lake Eden PUD
AGENT:
Mike Zeman
LOCATION:
15.40 acres of property located between S. Seacrest Boulevard
and Swinton Avenue, just north of the westward extension of
Gulfstream Boulevard (10 Lake Eden Drive),
DESCRIPTION:
Request to modify the approved rezoning master plan to reduce
the required minimum rear setback for pools and screen
enclosures from 29 feet to 20 feet on lots #1 through #9 and on
lots #17 through #25; and to reduce the required minimum side
building setback from 10 feet to 7% feet on lots #1 through #8;
and to modify two conditions of the original PUD rezoning to
reduce the required minimum dwelling unit size from 2,400
square feet (under air) to 2,250 square feet (under air); and to
reduce the required minimum average dwelling unit size from
2,600 square feet (under air) to 2,450 square feet (under air).
8, Other
None
9. Comments by members
10. Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MA TIER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. (F.S.286.0105)
ALL ITEMS WHICH ARE NOT PUBUC HEARING, WILL GO FORTH TO THE CITY COMMISSION AS CONSENT AGENDA ITEMS.
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTEllO, (561) 375-6013 AT lEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM
OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
xc: Central File
J:\SHRDA T A\PLANNING\SHARED\WP\AGENDAS\P&D\3-24-98, DOC
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7.A.2
HILLS AT LAKE EDEN PUD
REZONING
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-080
TO:
FROM:
Chairman and Members
Planning and Development Board
~~-- A
Tambri J. Heyden, Afcp ,
Planning and Zoning Director
.I k1 cJ12-
Michael W. Rumpf
Senior Planner
THRU:
DATE:
March 20, 1998
SUBJECT:
The Hills at lake Eden PUD (REZN 98-001)
Request for Modification of Master Plan and Rezoning Conditions
INTRODUCTION
Robert Trautman, President of Kennedy Properties, Ltd" property owners, is requesting that the
Hills at lake Eden Planned Unit Development (PUD) be revised through the modification of
approved setbacks and the minimum and minimum average unit sizes required as a condition of
approval. The Hills at Lake Eden PUD is located on the west side of the intersection of
Seacrest Boulevard and Gulfstream Boulevard (see attached location map in Exhibit "A"),
According to the petitioner, the requested changes are necessary to allow for the construction of
four (4) model homes as currently designed, and to increase the number of lots and models that
can be designed to include pools and screen enclosures,
PROJECT HISTORY
The City Commission, on March 19, 1996, adopted the rezoning ordinance for The Hills at Lake
Eden PUD, which action rezoned 15.45 acres of property from R-1-AAB Single Family
Residential to Planned Unit Development with a Land Use Intensity of 5 (PUD w/LUI=5), This
request included a master plan for 56 single family detached dwelling units at a gross density of
3.6 units per acre,
The Hills at Lake Eden PUD was approved with certain design characteristics and conditions of
approval intended to preserve natural site resources and to maximize compatibility of the
appearance and property values with those of the Lake Eden Plat 4 subdivision located to the
west of this project. The design characteristics and conditions regarded, in part, access,
preservation of sensitive lands, buffering and landscaping, minimum and average unit size, and
setbacks. A description of the original project and analysis, and the conditions on which the
rezoning was approved, are contained within Planning and Zoning Department Memorandum
No, 95-648 and the corresponding development order,
On May 21, 1996 the applicant requested the City to decrease the minimum living area
requirement from 2,400 square feet to 1,800 square feet, and to reduce the minimum average
living area requirement from 2,600 square feet to 2,400 square feet. The applicant based this
request upon the claim that the market would not support the housing product produced by
these requirements, which is influenced by the variety of homes (which creates a wide range of
/
REZN 98-001
Page 2
values) found within the neighborhoods that surround the subject property. Although a market
study was not submitted with this request, the applicant indicated that the range of property
values for adjacent properties is $75,000 to $240,000 (including Barrett Heights, Mission Hill,
and Lake Eden Plat 4). This request was denied by the Commission who felt that the request
was not justified, and therefore, the original conditions and intent to maximize compatibility with
the more valuable homes within this area, remained unaltered,
DESCRIPTION/ANALYSIS
The current rezoning petition includes a request to modify the master plan as follows:
1) Reduce the minimum rear setback for pools and screen enclosures from *25 feet to
20 feet on lots #1 through #9, and on lots #17 through #25; and
2) Reduce the required minimum side building setback from 10 feet to 7% feet on lots
#1 through #8,
*(It should be noted that a typographical error was found in the application after processing was
initiated and notices were mailed, Whereas the application requests to modify the rear pool and
screen enclosure setback of 29 feet, the current approved rear setback for pools and screen
enclosures for lots #1 through #9 and lots #17 through #25 is 25 feet)
This petition also includes a request to modify certain conditions on which the Hills at Lake Eden
PUD master plan was approved, and are described as follows:
1) Reduce the required minimum dwelling unit size from 2,400 square feet (under air) to
2,250 square feet (under air); and
2) Reduce the required minimum average dwelling unit size from 2,600 square feet
(under air) to 2,450 square feet (under air),
These proposed changes are also indicated on the revised master plan as submitted which has
been reduced and included within Exhibit "B",
Applicant's Justification:
The applicant has stated that the four (4) model homes to be sold and constructed in this PUD
were designed not knowing that the square footage (required) would be equal to the air
conditioned space within the home, rather than based on the standard methodology provided
within the city's zoning code for all zoning districts, The established methodology within the
city's land development regulations allows portions of the unit that are not air conditioned to
contribute toward the tabulation of total living area in the home, According to this methodology,
10% of screen rooms, 25% of carports and roofed open porches, and 50% of garages and utility
rooms can contribute toward total living area, In contrast to this methodology, the subject PUD
was approved with the special requirement that living area would be only the air conditioned
space within each dwelling unit. The applicant has apparently designed and begun marketing
homes which do not meet the minimum living area required for each unit within the PUD, 2,400
square feet, when only the air conditioned space is tabulated, As currently designed, two (2) of
the four (4) models are less than the required minimum of 2,400 square feet. The smallest unit
is currently 2,251 square feet under air, which is 149 square feet less than the required
minimum (if the standard methodology for calculating living area was used, this home would
equal nearly 2,600 square feet), The second deficient unit is currently 2,333 square feet, which
is 67 square feet less than the required minimum.
~
REZN 98-001
Page 3
The second issue to be addressed by this request relates to setbacks and their restrictive effect
on pools and screen enclosures, As the models are currently designed, insufficient space
remains on many lots to allow for pools and screen enclosures. Specifically, only two (2) of the
developer's four (4) models, including the two-story model, are feasible with pools and screen
enclosures on 45 lots of the 56 lots in the PUD, The developer is willing to accept this
restriction on most lots; however, the developer's desire to create a more diverse streetscape
(i.e, not limited to just two-story homes) along Seacrest Boulevard and Swinton Avenue is the
reason for requesting the setback modifications for the 15 lots along the east and west sides of
the project. Without this change, the developer would be prevented from including pools and/or
screen enclosures on any of these lots, or must limit those lots to the two-story model. As the
developer is anticipating a typically high demand for the pool feature, and would prefer not to
limit these lots to the two-story model, for both marketing and appearance reasons, they are
motivated to request the setback modifications, Prior to application submittal, staff met with the
applicant to attempt to resolve the problems through redesigning of the models, However, the
slight conflict between the minimum unit size requirement and the setback restrictions on pools
and screen enclosures made this solution not viable, For example, to fit the pool within the
required setbacks, the unit must be reduced in size. However, by reducing the size of the
models, the unit may be reduced, or reduced further below the size threshold. With respect to
the reduction in the side building setback on only lots #1 through #8, from 10 feet to 7 % feet,
this requirement has also been specifically requested to allow for the pool and screen enclosure
features with one of the wider models designed with a courtyard,
Comparison with Approved Plan:
Although the required minimum living area, 2,400 square feet, exceeds the minimum living area
required within the adjacent R-1-AAB zoning district, 1,800 square feet, it was the adjacent
subdivisions of lake Eden Plat 4 and Mission Hill on which this project was reviewed for
conformity and compatibility, With respect to living area, the 2,400 square feet minimum, and
2,600 square feet minimum average requirements were established by the City Commission,
To evaluate the compatibility of this request with adjacent neighborhoods, staff collected current
data on dwelling unit sizes for the four (4) adjacent neighborhoods that are nearest to the
subject project. As a source for this data, staff used the ISC computer data base which is
acquired through membership dues paid annually by the City, Samples of data were collected
on single family homes within the subdivisions located to the east (Barrett Heights, Debonaire
Estates, Gulfstream Estates, Plat 2), north (Mission Hill), west (lake Eden Plat 4) and south
(various parcels within Delray Beach) of the Hills at lake Eden PUD, From the data base, staff
utilized the field (data) labeled "living area", which staff assumes to be comparable to the "under
air" measurement on which this project is being designed and evaluated, The lowest average
unit sizes were found to the east and south. The average unit size to the south, generated from
a sample of four (4) homes, is 1,459 square feet. The largest unit totals 1,943 square feet. The
average unit size to the east is 1,641 square feet, which sample of 13 homes was led by a
2,337 square foot unit. Dwelling unit sizes to the north further increased to an average of 2,268
square feet, and from a sample of the nearest 15 homes, the largest unit contained 4,071
square feet. A sample of 31 homes from the west generated an average unit size of 2,563
square feet, which sample was led by a 3,615 square foot dwelling unit (the 31 homes were
those located generally the nearest to the subject PUD, and excluded those larger, distant
properties located as to have lake frontage as well as canal frontage), It should be noted that
the neighborhoods to the north and west contain units that range as low as 1,494 square feet
and 1,883 square feet, respectively,
j
REZN 98-001
Page 4
Compared with housing data collected on homes to the west of this project, the smallest home
allowed in the Hills at Lake Eden PUD project, if this request was granted, would exceed the
size of the smallest home in the sample taken from the west by 367 square feet. Furthermore,
the average home size within the subject PUD would be no more than 113 square feet less than
the average home size observed in the Lake Eden Subdivision to the west.
With respect to changes to minimum setbacks for pools and screen enclosures (on selected
lots), staff estimates that the adjacent neighborhoods to the west and north contain rear
setbacks for pools or screen enclosures that range between 10 feet and 40 feet. This significant
range is a factor of the existence of canal easements within Lake Eden Plat 4, which adds to lot
depth, and the city's minimum rear setback requirement for conventional residential zoning
districts of 8 feet. The original purpose for this more restrictive minimum rear setback (the
minimum setbacks for the remaining lots are 5 feet and 10 feet) on lots #1 through #8 and #17
through #25 is based on the proximity of those lots to Seacrest Boulevard and Swinton Avenue.
As these lots back up to these two rights-of-way, the applicant had established a rear setback
that was more similar to a front setback than the 8 foot rear setback required by city regulations
for pools and screen enclosures in order provide a buffer zone between the right-of-way and the
backs of the homes, The request would reduce this minimum setback from 25 feet to 20 feet (to
the edge of the buffer area along the street), which would be 5 feet less than the required front
setback, and 5 feet greater than the required rear setback for structures within the R-1-AAB
zoning district.
Lastly, the applicant requests to reduce the side building setback on lots #1 through #8 from 10
feet to 7 % feet. Whereas the original setback was established based on similarity with the side
setback required within the original and adjacent R-1-AAB zoning district, the requested setback
of 7 % feet is the same side setback provided on the remaining 48 lots, Again, this 2 % foot
reduction in side setback would increase the number of models that would fit on these eight lots
with pools and screen enclosures, from one model to three models.
RECOMMENDA TION
Staff has evaluated this request using applicable city regulations, based on compatibility with
adjacent properties, and considering the original intent of the conditions placed on this master
plan by the City Commission when approved in 1996, Staff recommends that the rezoning
request submitted by Kennedy Homes, Ltd" for the Hills at Lake Eden PUD, be approved
unconditionally (see Exhibit "C"), based, in part, on the following general points that summarize
the impact of the proposed changes to unit size and setback requirements:
1) There will likely be no impact on adjacent properties from the change in the minimum
unit size of 150 square feet (from 2,400 square feet to 2,250 square feet), as this change
would not produce a noticeable difference in the PUD, and since approximately one-third
of the sample of homes evaluated from the adjacent Lake Eden subdivision are less
than 2,250 square feet;
2) There will likely be no impact on adjacent properties from the change in the minimum
unit size of 150 square feet (from 2,400 square feet to 2,250 square feet), as this change
would not produce a noticeable difference in the PUD, and since approximately one-third
of the sample of homes evaluated from the adjacent Lake Eden subdivision are less
than 2,250 square feet113 square feet greater than the proposed minimum average;
3) While the proposed change would allow the smallest units to be 2,250 square feet, or
less than the original average size of 2,400 square feet, nearly an equal number of units
1
REZN 98-001
Page 5
will be in excess of 2,300 square feet in order to maintain the required minimum average
size;
4) The change in minimum unit size to 2,250 square feet still exceeds, by 450 square feet,
the minimum unit size permitted in the original, and adjacent zoning district, R-1-AAB,
Single Family Residential; and
5) The effects or benefits of granting the changes in setbacks (e,g, diversity in home types,
more aesthetic streetscape, greater land values) would be preferable over the effects of
these requirements on the PUD, which include a predominance of two-story units along
the visible perimeter of the development, and the lack of pools and screen enclosures
which would otherwise produce a more valuable residential development (this point is
based on the assumption that the units could not be altered in a preferable way that
would allow each unit to fit onto each lot and meet both unit size and all setback
requirements).
Attachments
S:\Plann ing\SHAREDlWP\PROJECTS\HILLEDEN\REZN 98-001 \StaffReportdoc
5
EXHIBIT "A"
LOCATION MAP
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EXHIBIT "B"
PROPOSED MASTER PLAN
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EXHIBIT "C"
CONDITIONS OF APPROVAL
10
EXIllBIT "C"
Conditions of Approval
Project name: Hills at Lake Eden
File number: REZN 98-001
Reference: The plans consist of 1 sheet identified as 1 st Review Rezoning, File #REZN 98-001 with a
February 17. 1998 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
2, To be determined.
/bme
s:\projects\HiIIsEden\REZN 98-001\cond of appr-1st\
II
DEVELOPMEN--': )ER OF THE CITY COMMISSIr--~ -.0::; THE
Cll I OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Hills at Lake Eden
APPLICANT/AGENT: Mike Zeman
APPLICANT'S ADDRESS: 10 Lake Eden Drive, Boynton Beach, FL 33435
DATE OF HEARING BEFORE CITY COMMISSION: 4/7/98
TYPE OF RELIEF SOUGHT: Rezoning
LOCATION OF PROPERTY: West side of the intersection of Seacrest Boulevard and Gulfstream
Boulevard,
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2, The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested,
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included",
4. The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk,
6. All further development on the property shall be made in accordance with the terms
and conditions of this order,
7, Other
DATED:
City Clerk
/:2
TECI .ICAL REVIEW COMMITTEE __..:ETING
AGENDA
DATE:
Tuesday, March 10, 1998
TIME:
9:00 A.M,
PLACE:
Conference Room C, 2nd Floor, West Wing, City Hall
1, Old Business
None
2. New Business
A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS)
Rezoninq
1,
PROJECT:
Hills at Lake Eden
AGENT:
Mike Zeman
LOCATION:
15.40 acres of property located between S, Seacrest
Boulevard and Swinton Avenue, just north of the
westward extension of Gulfstream Boulevard (10 Lake
Eden Drive),
DESCRIPTION:
To modify the master plan for the Hills at Lake Eden
Planned Unit Development (PUD) as follows:
1) To reduce the required minimum rear setback
for pools and screen enclosures from 29 feet
to 20 feet on lots #1 through #9 and on lots
#17 through #25; and
2) To reduce the required minimum side building
setback from 10 feet to 7~ feet on lots #1
through #8,
To modify two conditions of the original PUD rezoning
approval:
1) To reduce the required minimum dwelling unit
size from 2,400 square feet (under air) to
2,250 square feet (under air); and
To reduce the required minimum average
dwelling unit size from 2,600 square feet
(under air) to 2,450 square feet (under air),
Page 2
TRC Meeting Agenda
March 10, 1998
3, Other Business
A, Reviewing and signing permits,
4, Comments by members
5. Adjournment
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