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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, ..--- /' /. t/,. I,~' &"1, II...... n,~ .L~ ~vL-yz-c.'v 1..( -t'.~~'- .-- Tambri J. Heyden';'AICP Planning and Zoning Director TJH:dar Attachment xc: Central File D:\SHARE\ WP\PROJECTS\CITRUSGL \MPMD\DEVELORD, WPD JImuica s (jateway to tlit (juifstream \~/ 00 ~ @ ~ ~ w ~ Irn~ r ,-" " 4 1996 ~ -,,/ 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 ~/.V/~~/MU/ 'Cit Clerk / ,-- - L0CAT\'ON \'J\AP C\TRUS GLEN -. -~~---. ~ N'C pUO N'C I>> 1--- \.-utl . v ,~ - ~ ~ ~ ~ i ';: ~ '\ II- II- '~ L. t:: . "v l'l1!:r\ -rm'" \ ~~~,~~~ I ~ \~-c C\ ~' ~ 'fiR\ \ ~~ ..J"" - U ~\. - ~- V ,,\ \\~J'" ~ MILESI . "'lil" _:;:::-_~~"AF__""'c! p~lrv~-~ \- '\~ .... , _ ~ I. _~I A ~-n\ 4,~~J~J ~c ' F,~~i p~ \ ~\I", '.. \I t \ t"", \ \ 11 \ \ ~ ,- - . ~~~' ---- ,_,...-: . ;::::::: .._....usp....,.,..O ~,... GF'OVes" '" . 1/8 \\\\ \ \ AOC. 800 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 /bme d :\citrglen\condappr, wpd 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~~'~~~/~;~~ $/ ~d<- DIRECT ALL QUESTIONS TO LANCE McALLISTER 407-734-0494 PLEASE SEE ATTACHED DOCUMENTS MARKED ~EXHIBIT A" & ~EXHIBIT B" t- MJCc- /l-1 C1 frL LIS (Z-~ ! 9s ~/uet:/S 77CArLJ QI",c'_ ~f/V~ /~"71f!J-I' I Fe . :5_~Y~ C