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APPLICATION s M E M 0 RAN DUM June 27, 1988 TO: PETER L. CHENEY, CITY MANAGER FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: LAKES OF TARA PUD MASTER PLAN MODIFICATION Catherine Groelle, agent for the Lakes of Tara Homeowners' Association, has requested a modification to the previously approved master plan for Phase I and II of the Lakes of Tara Planned Unit Development. The modification requested is to allow the homeowners' to erect fences 4.5' to 9.5' (depending on lot location indicated on the documents submitted) beyond their rear property line within dedicated common areas. This request is outlined in the attached correspondence. The procedure for approving master plan modifications in planned unit developments is twofold. First, the City Commission must make a determination as to whether or not the changes requested are substantial in nature. A determination of substantial change on the part of the City Commission, which has sole discretion in this matter, would require a new application for PUD. On the other hand, a determination of no substantial change allows the forwarding of the, request to the Planning and Zoning Board. The Planning and Zoning Board then may approve the request. This procedure appears in Appendix B, Section 12 of the Code of Ordinances. . With respect to the change requested by Mrs. Groelle, the Technical Review Board (TRB) met on Tuesday, June 7, 1988 to review the plans submitted. The Technical Review Board offers for the City Commission's consideration a recommendation that the City Commission make a finding of substantial change for the requested modification, and that the applicant be required to submit a new application for PUD. In addition to the concerns outlined in the attached correspondence from the Building Department and Utilities Department, it was the consensus of the Technical Review Board that the proposed modification substantially alters the nature of the original approval and creates the following problems: 1. The proposed fences located within common areas conflict with existing drainage easements, utility easements, and lake maintenance easements. ;'\ -2- 2. Where lots abut each other in the rear, views to open areas would be blocked and a feeling of being "hemmed in" would result if fences were erected in common areas. (e.g.-Lot 55) 3. Fencing off portions of the common area, regardless of whether the common areas are actively used within this PUD, violates the intent of common areas and the PUD concept of clustering units around open ar~as. 4. Fencing off portions of common areas, which are intended for use by all PUD homeowners, without conveying property rights, gives each individual homeowner who erects a fence the impression of having a larger rear yard. This could potentially lead to confusion in future land sales. C&;E~-S: ANl~C~ZIAT~ CSA/ro cc Central File -> .,/ i I I l ! I t :;, :. " , , e[2akes ~ . May 23rd, 1988 Mr. Carmen Annunziato Director of Planning and zoning City of Boynton Beach 200 North Seacrest Blvd. Boynton Beach, FL 33435 RE: LAKES OF TARA PUD Dear Mr. Annunziato: Accompanying this letter are prints of house and lot layouts for Phase I and II of Lakes of Tara PUD that reflect a proposed ten foot wide easement for the rear of the lots in Lakes of Tara that border the common "courtyard" areas. The Tara Lakes Homeowners Association and the Developer of Lakes of Tara, Barry Barson, request approval of a revised master plan for Phase I and II that will allow owners of those lots to erect fences ,on those ten foot tracts of common element. No real property or property rights are intended to be conveyed by permitting erection of fences on this described common area, and the design, erection, and future maintenance of these fences is subject to approval within the discretion of the Tara Lakes Homeowners Association, Inc. This proposal was first presented to Mr. Barson and the owners in Lakes of Tara at their annual meeting on July 11th, 1987. The lot owners and Mr. Barson voted in favor of this modification by a wide majority of eligible votes. Unfortunately, the members of the Homeowners Association were unaware of the necessities or the procedure of th~ master plan modification. We therefore submit six (6) sets of revised master plans and the revised master plan application form for review by municipal authority, together with the $200 application fee. If you have any questions, please do not hesitate to contact the Developer, Barry Barson, or the Homeowner~ Association. ) y/ truly yJr t ~7_1. J ! / CtfJ~ <= .lAf~ if. '--__ ecretary, - Enclosures ara Lakes Homeowners Assoc. cc: Barry Barson Tara Lakes Homeowners .Ac;sociation, Inc. 43 Tara Lakes Drive East / Boynton Beach, FL 33436 STAFF COMMENTS LAKES OF TARA PUD MASTER PLAN MODIFICATION Building Department Utilities Department See attached memo See attached memo .AEMORANDUM TO Carmen Annunziato Planning Director DATE June 8, 1988 FILE FROM Don Jaeger Building Department SUBJECT ~ASTER PLAN MODIFICATION: LAKES OF TARA (ADDITION OF FENCE IN COMMON AREAS) As a condition of master plan modification, the following comments should be incorporated into the related documents by the applicant: 1. In residentially zoned districts, fences placed in front set- backs are limited to a maximum height of 4 feet. On the sub- mitted plans this condition occurs where fences intersect the roadways. In these locations, in order to maintain visibility, the fence heights will be limited to 4 feet for the first twenty feet. 2. The fences are proposed to be located in and across dedicated easements. Approval of all entities holding these easements will be required prior to the issuance of fence permits. 3. Details and specifications must be provided and type of fence proposed to be installed. installation must comply with Chapter 12 of ing Code, 1985 Edition. showing the height Tl)e method of the Standard Build- The applicant's prompt compliance wi th the preceeding comments will insure a timely permitting process. --~-- ~------- Don Jaege ~ dj:eaf xc: E.E. Howell "'tl ~. ::z -- :z GJ o rr1 -0 :1..-) t. c... c: Z., 00 ~ Q ~i, .-Ail ~t.r1~i , II '~ ~)l ~ ,.-.. ~ ~ .' :~: .0 'i> :f Y. .X ";'(; /. "C ~ MEMORANDUM To: Carmen Annunziato, Planning Director C\~\ / Utilities~ From; John A. Guidry, Director of Date; June 8, 1988 Subject: TRB Review - Lakes of Tara - Master Plan Modification It is our opinion that the proposed establishment of fences in common areas and easements is not compatible with the main- tenance of utilities and drainage in said easements. It also effectively changes the intended usage of the affected common areas. dmt bc: Peter Mazzella l"/. l''J" ~.,'; ,,', ~ ';"." :,'1 f'l . . " ~ " ... , , . , . " '9 ~ ~ 0 ~ '& ~ l> ~ 'i. ~ l'\ ',i~ I! " ,., - 1:, I>' ,-: ;i: ~~ ~~ \~. .\P '\~' \~ ~ \ ; " ','L Ab:'- , \\..,1 ~ (, .....l, -' "" ~ r- ~ '", :;. ;, ('1\ 0, '" ~ r--:- ' , ,"; \ l.- ~. 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