LEGAL APPROVAL
%e City of
13oynton 13eacti
100 'E. 'lJoynum 'lJeadr. tJJoukvartl
P.O. 'lJo~310
'lJoynton 'lJuuli, %mtia 33425-0310
City 1fa[[: (4C7) 375-(j()()()
~jU: (4C7) 375-6090
December 4, 1996
Sherylyn McAlister
195 Citrus Trails Circle
Boynton Beach, FL 33436
Re:
File No:
Location:
Citrus Glen
MPMD 94-008
Southeast comer of Lawrence Road and Miner Road
Dear Ms. McAlister,
Enclosed is the City of Boynton Beach Development Order regarding Commission and Planning
and Development Board approval of your request for master plan modification.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
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Tambri J. Heyden';'AICP
Planning and Zoning Director
TJH:dar
Attachment
xc: Central File
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND
ZONING DEPT.
APPLICANT:
Shervlyn McAlister
APPLICANT'S AGENT: Shervlyn McAlister
DATE OF HEARING BEFORE CITY COMMISSION: 12/2/96
TYPE OF RELIEF SOUGHT: Master plan modification to chance the existinc non-zero
setbacks for pools. iacuzzi or spas and screen roof enclosures from 15 feet to 10 feet -
Communities of Citrus Glen. Lawrence Road
LOCATION OF PROPERTY: Citrus Glen. Lawrence Road. Boynton Beach. FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 Applic;ant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The Applic;ant's application for relief is hereby
..L.. GRANTED subject to the conditions marked as "include" in
Exhibit "E" hereto.
3
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5, All further development on the property shall be made in accordance with
the terms and conditions of this order.
6.
Other:
Jof1lf
DATED: December 3. 1996
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'Cit Clerk
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EXHIBIT "E"
Conditions of Approval
Project name: Citrus Glen
File number: MPMD 94-008
Reference: The clans consist of 1 sheet identified as 2nd Review. Master Plan Modification New Site Plan, File
#MPMD 94-008 with a Seotember 17.1996 Planning and Zonina Department date stamo markina.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
- , N()NI=
UTILITIES
Comments:
1, Due to existing easements the following lots may not be allowed to
have the requested reduction in side yard setback: Lot #1, 5, 7, 13, 23, V
28,31,3743,46,48,50,54,61,68,75,82,89,93,97,100, 141, 144,
148,153,159,163,172,176,181,191, and 194. As this proposal was
submitted for the entire PUD, the request cannot be approved due to
thl'> .~ " . : in thp. c,;ti", v~rtic: ,Int~
FIRE
Comments:
2. Many of the side yards have extra foliage, fences, etc. that may intrude /
on the Fire Department's access, All models with the exception of the
"Courtyard" models seem to have completed their desired
improvements,
3, Noting the situation with the courtyard models we have no further ../
objections to the request for a ten (10') foot side yard (specifically lots -
2, 11, 12,14, 16, 18, 19,"21,53,63,99, 126, 131-138, 143, 145-
147,149-152, 154, 156, 157, 190, 192, 193, 195, 196.
POLICE
- . N()NI=
DEVELOPMENT DEPARTMENT
. NCINF
PARKS AND RECREATION
- , N()NI=
FORESTER/ENVIRONMENTALIST
. N()NF
PLANNING AND ZONING
Comments:
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
1.
2.
3.
4.
s.
6.
7.
8.
9.
I DEPARTMENTS I INCLUDE I REJECT I
4, The chart listing amended setbacks indicates different requirements for
pools/spasljacuzzis and screen enclosures. Illustrate these different
setback requirements on separate drawings for the following
categories: /
a. building
b, pool/spa/and jacuzzi, and
c. screen enclosure
5. Provide a statement on the master plan that within the 10 feet, non-zero
lot line setback area trees, decorative elements and other access /
obstructions do not exist or, if they do, will be removed or relocated
prior to receiving a building permit for a pool, spa, jacuzzi, or screen
enclosure.
6, To maintain an unobstructed access to the lot it is recommended that /
a 10 feet wide access easement be established and dedicated along
the non-zero lot line at time of permit.
7, Provide a statement by a registered engineer that the drainage can be /
handled by the existing drainage system when amenities on all lots are
constructed,
8. It is recommended that modified setback requirements, as proposed by /
petitioner will apply only to the following courtyard houses, as these are
the only courtyard houses that currently have no existing utility
easements in the side yard and pose no Fire Department access
problems: 2,11,12,14,16,18,19,21,53,63,99,126,131-138,143,
145-147 1.40_1"'\? 1"'\.4 1"'\R 1"'\7 10n 10? 10~ H'll: ~~...I 10R
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
0 Tn h", .
ADDITIONAL CITY COMMISSION CONDITIONS
10, To be determined. M/tt
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10.
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1996
namely, a hazardous materials response plan, which would be part of the environmental
review.
Motion
Mr, Wische moved to approve the request to amend the previously approved PID master
plan in connection with an amendment to the DRf to change the use designation of lots 32,
33, 34A, 348, 35, 36, 37 and 38 from Office to Office/Industrial/Research and
Development to allow a proposed manufacturing use and to change the use designation
of lots 80, 81 and 82 from office to industrial/commercial, subject to staff comments,
excluding comment number 3. Vice Chairman Golden seconded the motion, which carried
6-0.
2.
Project:
Agent:
Location:
Description:
Citrus Glen
Sheryln McAllister
Southeast corner of Lawrence Road and Miner Road
Request to amend the previously approved master plan
setbacks to reduce the non-zero side setback from 15
feet to 10 feet to construct screen enclosures (with
screen roof), pools, spas and jacuzzis.
Mr, Lewicki advised that the Commission determined this to be minor and recommended
approval.
Ms, McAllister and her father, Art Albrecht, were present. Mr. Albrecht agreed to the staff
comments.
Motion
Mr. Aguila moved to approve the request to amend the previously approved master plan
setbacks to reduce the non-zero side setback from 15 feet to 10 feet to construct screen
enclosures (with screen roof), pools, spas and jacuzzis, subject to staff comments. Vice
Chairman Golden seconded the motion, which carried 6-0.
Subdivision Master Plan
3.
Project:
Agent:
Owner:
Orchard Landing
Daniel Diamond
Harvey Lang
12
MEETING MINUTES
REGULAR CITY COMMlwSION
BOYNTON BEACH, FLORIDA
DECEMBER 3, 1996
Gene De Yay. resident of Quail Run, said he and Pat Pucci met with Mr. Hagel today to
discuss the technical aspects of the project with respect to SW 26th Street. An alternate
situation was brought up and Mr. Hagel agreed to review it even though it is late in the
project. Mr. Hagel answered technical questions that were asked. The residents are very
disturbed about this project and concerned about having a 24" water pipe carry non-
potable water through the community.
Vice Mayor Jaskiewicz said the route Mr. Hagel has planned is under the sidewalk. There
were considering installing it in the right-of-way, but it was already landscaped. They felt
it would be easier to run this pipe under the sidewalk because it would be the least
disruptive. They would remove the sidewalk and replace it with a new sidewalk. He is
seeking alternate solutions to this problem.
Mayor Taylor said he spoke with Mr. Kane and Mr. Hagel, and looked at the area on three
occasions to see if an alternate route was obvious. The biggest problem is that the
community feels they will be disturbed for 60 days while this project is ongoing. Some
alternatives that have been investigated are extremely costly. Other alternatives are still
under consideration. We will continue to try to find a solution to the problem. Mayor Taylor
thanked both men for bringing this item to the Commission's attention.
VIII. DEVELOPMENT PLANS:
A. PROJECT:
APPLICANT:
LOCATION:
DESCRIPTION:
Citrus Glen PUD
Sherylyn McAlister
Southeast corner of Lawrence Road and Miner Road
MASTER PLAN MODIFICATION. Request to amend the
previously approved master plan setbacks to reduce the non-
zero side setback from fifteen (15) feet to ten (10) feet to
construct screen enclosures (with screen roof), pools, spas
and jacuzzis
Attorney Cherof advised that this is a quasi-judicial proceeding. As such, he administered
the oath to the applicant and her representatives and staff. '
In response to Mayor Taylor's question, Ms. McAlister and her representative advised that
they are in agreement with all conditions contained in the back-up material.
Tambri Heyden, Planning and Zoning Director, said this application was submitted one
year ago for a reduction of the side setbacks to 5'. When the TRC reviewed the
application, they had problems with it. There are many units with amenities on the sides
which make fire access difficult. In addition, there are utility easements between the units.
The applicant decided to hold back on that application for a while, and came back with a
9
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 3, 1996
reduction to 10'. Staff comments still reflect some problems from various departments.
Planning and Zoning staff met with UtiHties and Fire and were able to pick out the lots this
could be allowed on. Staff recommends approval of the request for Lots 2, 11, 12, 14, 16,
18,19,21,53,63,99,126,131-138,143,145-147, 149-152, 154, 156, 157, 190, 192, 193,
195, and 196. These are all courtyard houses, but they do not have utility and access
problems. If the Commission agrees with this recommendation, Conditions #1, #2, and #3
can be eliminated and the remaining comments will remain in effect.
Motion
Vice Mayor Jaskiewicz moved to amend the previously-approved master plan setbacks to
reduce the non-zero side setback from 15' to 10' to construct screen enclosures (with
screen roof), pools, spas, and jacuzzis, as per the conditions of approval set forth in Exhibit
"E", eliminating Comments #1, #2, and #3. Commissioner Bradley seconded the motion
which carried unanimously.
IX. NEW BUSINESS:
A, Items for discussion requested by Commissioner Jamie Titcomb
1. Temporary salary adjustment for Assistant to the City Manager
Commissioner Titcomb advised that it has come to his attention that due to Civil Service
rules and other procedural matters involved with everyone but the City Manager and City
Attorney, it would be necessary to defer his comments to the City Manager for
recommendations.
Commissioner Titcomb reminded the Commissioners that they have taken the City
Manager's Office, which had three dedicated, hard-working individuals, and reduced it to
two. He wants to send a message to the Interim City Manager and his staff that in spite
of what is written in the press and potential dealys in hiring the City Manager, there are a
lot of good things happening in the City and many important projects that need to move
forward. He is hopeful this Commission will send a message to that office and the entire
staff that we want to move forward, do things that are right for this City and treat the people
who work for us right. We want to give confidence to the City Manager and Assistant to
the City Manager and all related people to move these projects forward and not feel they
are in the position of a lame duck period between now and the appointment of the City
Manager.
Mr. Sugerman advised that in discussing this with Commissioner Titcomb, they both felt
it would be best if Mr. Sugerman had an opportunity to explore this issue in more depth
and discuss with Mr. Hawkins what, if any, his additional duties and responsibilities would
10
rfA
~Y
SI PLEASE
('
f
CITRUS GLEN MASTER DBVELOPMENT PLAN
MODIFICATION
EXECUTIVE ESTATES OF BOYNTON BEACH HOMEOWNERS ASSOCIATION
JULY 30, 1994
RE: SCREEN ENCLOSURES
THE BOARD OF THE EEBBHOA APPROVES THE SCREEN ENCLOSURES IF
THE FOLLOWING CRITERIA IS MET.
1. THEY ARE IN THE SIDEYARDS ON THE HOMEOWNERS PROPERTY BEHIND
THE FENCES AND DO NOT COME IN CONTACT WITH THE COMMON GROUNDS.
2. THEY MEET ALL THE CODES AND REQUIREMENTS OF THE CITY AND
COUNTY .
3. THEY ARE USED TO ENCLOSE THE POOLS OR PATIO AREA ONLY.
4. WE APPROVE THIS PROJECT SO THAT OUR HOMEOWNERS CAN ENJOY AND
HAVE PLEASURE FROM THE HOME THEY PURCHASED.
5. THE HEIGHT IS TO BE AT LEAST TWO FT. BELOW THE HEIGHT OF THE
EXISTING HOME. COLORS ARE TO BE EITHER WHITE OR BRONZE.
6. THIS LETTER REFERS TO ALL HOMES INTERESTED IN THIS PROJECT.
EEBBHOA
BOB FRIEDMAN PRES.
F~~'~~~/~;~~
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DIRECT ALL QUESTIONS TO LANCE McALLISTER 407-734-0494
PLEASE SEE ATTACHED DOCUMENTS MARKED ~EXHIBIT A" & ~EXHIBIT B"
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