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LEGAL APPROVAL ,. , '::J\\. ~~ . fJ1ie City of 'Boynton 'Beach '~ 100 'E. 'Boynton 'Beadi iBoukvartf P.O. 'Bo~310 'Boynton 'Be-adi, %m.tfD. 33425-0310 City:Jfafl: (407) 375-6()()() :f;:tX: (407) 375-6090 July 18, 1996 James A. Hamilton, III CCL Consultants, Inc. 2200 Park Central Blvd., Suite 100 Pompano Beach, Florida 33064 Re: Citrus Park P.U.D. File No: MPMD 96-003 Location: East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Dear Mr. Hamilton, Enclosed is the City of Boynton Beach Development Order regarding approval of your request for a master plan modification for lots 22, 23 and 32. Should you have any questions concerning this matter, please feel free to contact this office at (561) 375-6260. Sincerely, 5~' d~L Tambri J. Heyden, AI~P Planning and Zoning Director TJH:dar Enclosures xc: Central File a:develord.cit jitmeriazs (jateway to tfU (julfstream ee.~~ A!C.L-U:' ill ~~~ ~: ~ill, DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA - PLANNINGOE^pNTD ZONING . ;t~JF~.' APPLICANT: CITRUS PARK. P.U.D. APPLICANT'S AGENT: James A. Hamilton III - CCL Consultants DATE OF HEARING BEFORE CITY COMMISSION: June 18.1996 TYPE OF RELIEF SOUGHT: ReQuest to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet reduce the non-zero line side buildina setback from 15 feet to 11 feet increase the frontaae and area of lot 21: reduce the rear pool setback on lot 32 from 8 feet to 7 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet. LOCATION OF PROPERTY: East side of Lawrence Road. approximately 1.750 feet north of Gateway Boulevard 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 Applicant _x_ 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 "0" with the notation "Included". 4. The Applicant's application for relief is hereby . _x_ 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: #/4 I DATED: Julv 16.1996 ~d"'>>'J'~~ Ci Clerk C:devordJrm rev. 1/24/96 L0l;AIIUI\J I\fAP . !IAJK~.IIRusl' ~ARK.~_~p II; Yl'~ t- : ',.. r- . 'KNCLLWaaC t. ~ ,t; ~n 1= ::;: AG caRD ...,.. 7 ~'~~'~~ ~:~S ~ ~ '.. /J. ~ -::: "" ~ r-111 -I - h- ~ - r-] r-f'r. Y -1 ._ ~ TffiIl 1 U I I I I I II, L.: ~ 'I 1'1 I II I I I J ~: . l=-,J(- "f 1: =- 3~ .~~ ., ~I,,~;~L . ~ ~ 'II~ ,II I \f ~i . ~ I~ "TO .J I ... Ul ~ ~ t\ jI; F- : I ~... !,,~C ~ W.,. { ~ D - . ~)6~r'1f> -.).. ~ ":~\' ..' (,~~ _;. . f' ~ '>>-~.. ~\ ~ '~~ I TI;: - >> : 3 '"" / I I ~ (/. fee ~ I II "':; "''''' ~ :::a..~~ ~ I - -1 ! I I' .: _..;:1 t" '" '.6. I I I I III - . . - . l. . Iii = Pl LUI tlio~ = l~~ ~~ = "MI!~ - ::; - := t:.,A"'~ .. - - 1- _ ~lrfl~ri1 I. t~~~ ~ ~'-. . II :::;;;: . I- ="^~ ,., u. JO "- - . 121).,...,. , \t= "80VNTDN ~~~ S;':' ~W'~.~t.~:-.\ l .""~ ~\ .T. -"';......,. -~..~. . NURSERIES" .i.'~~. :..... '~l-(:'.'r~: ~:_.~l ;.,.. , _ fir IIT[P'.L', ::t. ' J I Ill.t .I' put:>> LUU4.0 r'~ SITE AG ~~ r /1(: f ' , ., .,........-- .: ~.... ~~.......- , ~ i :,ili:JLUU.L ,:~,~. .~......... ....... '\ .,- ... .... .... -~~mlr~1l ~~.~ .. II;~ 1('.':1 n , ~ III J n Hllll1ll ~1AA tJIrl].~rrm. .,\ . - , ....... - I:~ 0 I ...eJ J .....d WI ')~ c:::d , ~- ~ . ,,0 , L~GI "1~ V- I'l~ I t:Jl ! .. -. [) p -n-......" [- :a:::' ;;a ~ -:-:e..J- - ~. -- ,- - r__ 1 I . J . AI ~ !Iii in ~ ~;;:;.:. 9 i II -- . II J;;,I -.... .'...' L..~Ur..: .1F-..r ~ ,..JL I I r. i 111\1] . . . ,-,... I- 11111 II , - l -- EXHIBIT "D" Conditions of Approval Project name: Citrus Park PUD File number: MPMD 96-003 Reference:The plans consist of 1 sheet identified as 1st Submittal. Master Plan Modification. File # MPMD 96-003 with a April 23. 1996 Planning and Zoning Department date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: NONE UTILITIES Comments: 1- Developer will be responsible for the x relocation of water and sanitary-sewer services to lots 22 and 23, to the new property lines, to conform with the entire project. Utility Department inspection of relocations will be required. FIRE Comments: 2. There is no sidewalk/bicycle path along x the front of this project. Since a sidewalk will keep pedestrians off Lawrence Road while enroute to Citrus Cove Elementary School, one is recommended to be installed. POLICE Comments: NONE ENGINEERING DIVISION Comments: 3. Approval of this request is not x recommended. The house already in place can remain, but the developer should not be allowed to build on the nonconforming lot to the south which results from improper placement of the adjacent residence. The nonconforming lot can become additional open space dedicated to the H.O.A., or distributed to the two adjacent properties. BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: 4. It is recommended that the applicant .x replace trees in accordance with the project's Tree Management Plan. PLANNING AND ZONING Comments: Page 2 Master Plan Modification Citrus Park PUD MPMP 96-003 I DEPARTMENTS I INCLUDE I REJECT ! 5. Amend the drawing to show compliance x with conditions of approval of the previous master plan modification (Planning and zoning Department File No. MPMD 95-002) identified in Planning and Zoning Department Memorandum No. 95-247. 6. It is recommended that instead of x reducing the minimum lot frontage for lots 22 and 23 from 55.10 feet to 51 feet and reducing the non zero lot line side building setback from 15 feet to 11 feet for both lots, that the developer change lot 23 from a 55.10 foot wide house lot to a 47 foot wide open space tract of land. This 47 foot wide open space tract would be created by moving the lot line between lot 22 and 23 approximately 8 feet south and dedicating the land south of the new lot line as a tract with ownership, operation and maintenance responsibilities to the H.O.A., including preparation of landscape plans and installation of landscaping. Therefore, within the frontage of the existing lots 22 and 23 an open space tract with a 47 foot frontage and a house lot with a 63.20 foot frontage would be created. 7. Submission of a rectified master plan x showing compliance with the conditions of approval for the project will be required to be submitted to the Planning and Zoning Department, in triplicate, prior to whichever occurs first; the final inspection for the pool on lot 32 or prior to the Certificate of Occupancy being issued for the house on lot 22. 8. PUD master plans establish setbacks for x all units within the PUD by granting all the units, or groups of units having similar characteristics, the same privileges. Since the setback encroachment issue with lot 32 is only one case within the PUD, if the Commission and Planning and Development Board determine this as-built situation to be acceptable, it is recommended that reference be deleted from the master plan. In lieu of this, a special agreement between the city and the owner of lot 32 would be prepared by the city attorney, as has been done in the past (Bay tree at the Meadows PUD), to remedy isolated encroachments in a PUD where the city decides not to require demolition. Page 3 Master Plan Modification Citrus Park PUD MPMP 96-003 ADDITIONAL CITY COMMISSION CONDITIONS Include Reject 9. Lot 23 be limited to I story house x 10. Additional landscaping be included for x lots 22 and 23. 11. Reject comment number 3 . 12. Reject comment number 6 . 13. Reject comment number 8 . ADDITIONAL PLANNING AND DEVELOPMENT BOARD Include Reject CONDITIONS 14. Homeowners association documents shall be revised to reflect that lots 22 and 23 contain required landscaping, pursuant to a / 7/9/96 city approved master plan modification, that shall not be removed without city approval. The documents shall specify the number of trees/shrubs and their general location which has yet to be determined. TJH/dim a:ComDept.CIT ; "-\ . ~ MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9, 1996 comments except Comments 8, 9, and 10. with the conditions agreed to and submitted by the applicant this evening. Mr. Wische seconded the motion. Mr. Haag asked for clarification on comments 1 through 11. Mr. Aguila said the applicant has agreed to all comments except for comments 8. 9. and 10. Mr. Carey said he accepts conditions 8. 9, and 10. They are the conditions that require improvements. Mr. Aguila asked for the applicant about comments 1 through 7, and 11. Mr. Carey said those comments reiterate what the variance is requested for. Amended Motion Mr. Aguila amended his motion to state. "subject to staff comments 8, 9, and 10 with the added conditions as stipulated this evening." Mr. Wische agreed to the change to the motion. The motion carried 7-0. CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THESE APPLICATIONS. B. SUBDIVISION Master Plan Modification Description: Citrus Park P.U.D. James A. Hamilton III Cel Consultants Next Development Company East side of Lawrence Road. approximately 1,750 feet north of Gateway Boulevard Request to amend the previous.ly-approved master plan to reduce the width of Lots 22' and 23 from 55 feet to 51 teet; reduce the non-zero line side building setback trom 15 teet to 11 feet; reduce the rear pool setback on lot 32 from 8 teet to 7 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet. 1. Project: Agent: Owner: Location: Mr. Haag advised that staff will follow the conditions of approval identified by the City Commission. These conditions are listed in Memorandum No. 96-358. Brett Nein. CCl Consultants. 1520 NE 17 Court. Ft. Lauderdale. agreed with the conditions set forth in Memorandum 96-358. 14 ----~~.._-----~.,..,.."._-------------~--_.._---_._--- MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 9,1996 Mr. Haag advised that staff is requesting additional landscaping between Lots 22 and 23, but nothing was specified at the City Commission meeting. He asked if the board wants staff to work this out with the applicant. Mr. Aguila suggested that staff work this out and be consistent with the pattern already set for the development. Motion Mr. Hill moved to amend the previously-approved master plan to reduce the width of Lots 22 and 23 from 55 feet to 51 feet; reduce the non-zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback on Lot 32 from 8 feet to 7 feet, and reduce the rear screen enclosure setback on Lot 32 from 6 feet to 5 feet, subject to staff comments. Mr. Aguila seconded the motion, which carried 6-0, (Mr. Wische was away from the dais.) C. SITE PLANS New Site Plan 1. Project: Agent: Owner: Location: Description: Healing for the Nations Church Vincent Delalla Healing for the Nations Church West side of Seacrest Boulevard, approximately 335 feet north of Mission Hill Road Request for site plan approval to construct a 6,888 square foot church located on 1.006 acres. Mr. Lewicki pointed out the location of this site. Vincent Detalla. 1170 HlIIsboro Mile. Hillsboro Beach. Florida. said he plans on building a 7,000 square foot church that will seat 200 people. He provided a rendering for review by the members. He accepted all of the conditions recommended by staff. Mrs. Frazier asked if Mr. Detalla has spoken with the people in the neighborhood and if they are happy about this. He pointed out that this is going to put more traffic on Seacrest. Mr. Delalladid not know how the people in the neighborhood felt about this. However, he did not think this would put more traffic on Seacrest. He said this is a very small church. Mrs. Frazier stated that she lives in Chapel Hill and it is not easy to get onto Seacrest between 7:30 a.m. and 8:30 a.m. In addition, there have been many accidents near the day care center. Chairman Dube pointed out that the traffic will only be there on Sunday. Mr. Aguila felt that other events will take place at the church, and traffic will be a mess. 15 ._.._---~.,-_._----_..-._--------------- MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 See discussion under Item VI.A. Motion Vice Mayor Jaskiewicz moved to approve the request to amend the list ot permitted uses for the Quantum Corporate Park PID to allow used and new car sales on commercially designated lots within the PID, subject to staff comments. Commissioner Tillman seconded the motion. In response to Mayor Taylor regarding the specific lots, Ms. Heyden advised that this specifically refers to lots 76, 77, 78, 79, and 80. Ms. Heyden advised that Mr. Willard and she have agreed to delete Planning and Development Board comment number 2 on Exhibit G, which reinstates comment number 7 of the staff comments. This pertains to the issue Commissioner Bradley brought up regarding the greenbelt. They have agreed to turn in that greenbelt comprehensive plan prior to the site plan approval for CarMax in the event the site plan comes in before 90 days. In that case, City Attorney Cherof stated that comment number 2 would be rejected, Vice Mayor Jaskiewicz restated the motion. Motion Restated Vice Mayor Jaskiewicz moved to approve the request to amend the list of permitted uses for the Quantum Corporate Park PIO to allow used and new car sales on commercially designated lots within the PIO, subject to staff comments. Commissioner Tillman seconded the motion, which carried 5-0. City Attorney Cherat thanked Mr. Stewart for coming from Taltatiassee to this meeting. Description: Citrus Park P.U.D. RECONSIDERATION James A. Hamilton III - CCL Consultants East side of Lawrence Road, approximately 1 ,750 feet north of Gateway Boulevard Master Plan Modification: Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non- zero line side building setback from 15 feet to 11 feet: reduce the rear pool setback on lot 32 from 8 feet to 7 B. Project: Agent: Location: 36 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2,1996 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet. Richard Wohlfarth of CCl Consultants asked for confirmation of the Commission's decision regarding the pool enclosure and the pool setbacks. Mayor Taylor stated that the Commission had approved those items. City Manager Parker stated that we gave them administrative approval so that they could move ahead with their closing. Since Commissioner Bradley was not present at the last meeting, Mr. Wohlfarth explained that a surveyor discovered that one of the buildings, which is already constructed, was erroneously staked. As a result, it is off 8 feet. The lots on the property are currently 55 feet. He asked that two lots be reduced to 51 .14 feet, and that the 15 foot side setback be reduced to 11 feet. He pointed out that in many places throughout the City of Boynton Beach, a 10 fodt separation between buildings and 50 foot lots are very common. Without this variance, he would be stuck with a unit that cannot be built. Mr. Wohlfarth said he looked at the lots and the existing houses, and the separation going from 15 to 11 feet can only be seen from the street line if you look real hard. Pointing to a location on a drawing which was displayed, he offered to do heavy landscaping (trees and hedging) in certain areas to soften the situation. He offered to commit to a certain dollar amount of landscaping ($500) per separation. Vice Mayor Jaskiewicz asked it the existing homes are two story. Mr. Wohlfarth said there is currently a two story unit and a one story unit. Commissioner Bradley asked if there is any exposure for us. City Attorney Cherot said this is kind ot odd because treating this as a master plan modification is really an aberration. The Commission has only dealt with this type of deviation trom a master plan once before that he was aware of, and we recorded an acknowledgment that.the deviation existed, but that the city was waiving its right to enforcement ta compel the destruction of the building because it was a deviation. It was not processed as a master plan modification. He did not think that treating it as a master plan modification increases any liability that the city would have as opposed to treating it the way the Commission did about four or tive years ago. He said it is just an odd way of doing it. Commissioner Bradley asked what our exposure is aside from the style of accomplishing. this. City Attorney Cherof thinks it is minimal, if any. 37 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 2, 1996 Commissioner Titcomb asked if it is incumbent upon the developer to inform the buyer of this house that it is an aberration. City Attorney Cherat cannot believe that the buyer of the house does not know from a survey and title search that it is not in compliance. Mr. Wohlfarth stated that the buyer ot Lot 22 is aware of this and has accepted the modification. Commissioner Bradley noticed that the minutes of the last meeting reflected some discussion about precedent setting. He asked the City Attorney if we would be setting a precedent. City Attorney Cherof did not think the Commission would be setting a precedent. He said this is such an unusual circumstance. City Manager Parker advised that she has another one pending the outcome of this one. She said Nautica has a small "z" lot problem on one of their lots. She stated that when you do a subdivision of 300 or 400 homes, it is not that unlikely that you are going to have one survey error somewhere for a few feet in that subdivision. Usually if it under six inches or so, we do not bring it to the Commission. Mr. Wohlfarth hopes that by the end of the month, 50 percent of the units will be sold. He understands that if approved, this would be a one time deal as far as it relates to this particular project. Mayor Taylor asked how many units the project consists of. Mr. Wohlfarth stated that there are 113 units at this time. Forty-seven are closed and 87 are sold. Since the buyer is aware of this and Mr. Wohlfarth is going to put in extra landscaping and reduce the height of the building, Vice Mayor Jaskiewicz was in favor of supporting this. Motion Commissioner Titcomb moved to approve this item subject to.staff comments and the limitation of the one story home on Lot 23 with a one-time conditional request for this situation only and the additional landscaping offered by the applicant. Vice Mayor Jaskiewicz seconded the motion, which carried 3-2. Commissioner Tillman and Mayor Taylor cast the dissenting votes. 38 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Dr. Roberts submitted a copy of his letter to the clerk to be given to the City Commissioners, City Manager, and City Attorney. Dr. Roberts had additional copies for The Palm Beach Post and the Sun-Sentinel. City Manager Parker advised that, upon advice from the City Attorney, Dr. Roberts is to be directed to the City Attorney's Office. That is the reason why staff has not re~urned his phone calls. The City Attorney is handling this situation. Attorney Doody advised that prior to the next City Commission meeting, this matter will be addressed by the City Attorney's Office. The City Attorney's Office will then be able to assist the Commission in making a decision relative to what action is required. Mayor Taylor advised that it is a normal procedure for all litigation items to be handled through the City Attorney's Office. VIII. DEVELOPMENT PLANS: City Manager Parker advised that this item is ready to come off the table. Motion Vice Mayor Jaskiewicz moved to take the Citrus Park PUD project off the table. Commissioner Tillman seconded the motion which carried unanimously. At this time, Attorney Doody administered the oath to all who would be testifying on any of the development plans to follow. A. Project: Agent: Location: Description: Citrus Park PUD TABLED James A. Hamilton 111- CCL Consultants East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard MASTER PLAN MODIFICATION: Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non-zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback on lot 32 from 8 feet to 7 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 feet. Richard Wohlfarth of CCL Consultants and Chris Reaaan. develoDer were present to represent the project. Mr. Wohlfarth advised that he was seeking consideration from the Commission on three events. At the easel, Mr. Wohlfarth pointed out three already existing units and one vacant lot in the PUD. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Mr. Wohlfarth explained that during construction, the pool was built one foot closer to the lot line than it was supposed to be built. If the lot closest to this area was not already closed, the builder would move the lot line over one foot, and that would eliminate the need for the request. Discussions were held with staff relative to handling this situation. Staff initially thought that instead of requesting a modification to the PUD to allow the reduction of the setback, an agreement could be entered into. This is a practice that has been followed in the past. However, the agreement cannot be located in the City Attorney's Office. Mr. Wohlfarth does not believe that staff objects to this recommendation; however, there is confusion on whether or not there should be a PUD modification or an agreement. Mr. Wohlfarth is willing to do whatever is necessary to correct this situation. The second request is more severe. A mistake was made. The Citrus Park PUD is a 55' wide lot project. There are 15' between each unit. ltis a zero-lot line project. On Lot #22, when it was staked out, it was staked without the zero-lot line, or the building was shifted 8' to the south. The net effect is that there is not enough room on Lot #23 for a 55' lot or a 15' setback. There is a 51' lot remaining with an 11' setback. . Mr. Wohlfarth met with staff. His intention was to convince Mr. Hukill to agree with their request. Mr. Hukill's position on denial of the request was based on the fact that it is a City Commission decision. He could not support the request because the PUD was clear about the 55' lot and 15' setback. There is an existing building which is ready to be sold, and another which is totally completed to the roof. They would like to be able to finish the last unit which is in between the other two units. They had concern about fire safety issues, but those fears were allayed at the TRC meeting when there were no objections to the request. The fire safety section understood that the reason for the request was due to a hardship which was created by the builder. While Mr. Wohlfarth realizes that this is an undesirable situation, he would like to be able to proceed to develop the project. The builder has CDs for' approximately 35% of the houses in the community, and they hope to have 50% of the CDs within 30 days. The anticipated completion of the project is February of next year. Ms. Heyden feels this is a very difficult issue because staff continues to have problems with structures being built in the wrong place. The builder then comes to the City Commission for relief from a situation created by the builder. The unit on Lot #22 was constructed 8' too far south. The PUD separation is 15'. This error will cause a 7' building separation between Lots #22 and #23. The builder is proposing to remedy the situation by reducing the width of Lots #22 and 23 from 55' to 51', and reducing the side building setback from 15' to 11'. The last effect would be an increase in the frontage of Lot #21 of the 8' that was lost by Lots #22 and 23. 15 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 The TRC recommendation reflects staff's frustration with these problems that keep reoccurring. The recommendation is for the builder to change Lot #23 to a 47' wide open space tract of land. This alternative was seen as a way to eliminate the need for reduction of lot width, the increase in area for Lot #21, and the reduction in the side building setback. There are minimum setbacks for PUDs that are negotiated at the time of PUD application. If there is tampering with those setbacks, it throws the entire picture out of balance. There is a second part of this request which deals with pool and screen enclosure for Lot #32. This is a minor request. The City has encountered similar problems at Baytree in the Meadows. The City has been trying to recover the agreement that was done for that lot. Staff was able to locate the minutes from the February 4, 1992 meeting relative to this issue. If it is not practical to move the unit, staff wants this to be viewed as a solution that solves this particular case. Staff does not want this to be part of the master plan modification where it could be used for future changes. Ms. Heyden advised that she met with Mr. Wohlfarth earlier today and suggested that a narrower, one-story house be built on Lot #23 to minimize the effects of this spreading out of the 8' shortage. Mr. Wohlfarth said there are only 113 units on this project. The standard house is 40' wide. It is possible to change that, but it would look very different. and it would be very difficult to sell that unit. Mr. Wohlfarth feels it is impractical and the resale of the unit would also be difficult. A single-story unit is a solution; however, there is a one-story unit which has not sold over the past six months. If this is the only way the builder can get an approval, Mr. Wohlfarth would work with it. Vice Mayor Jaskiewicz thought a one-story unit would consume more space than a two- story unit. Ms. Heyden advised that regardless of the number of stories. the house would be 40' wide. Mr. Wohlfarth pointed out that with a one-story unit.. the setbacks would be less obvious. Vice Mayor Jaskiewicz questioned whether or not the building inspectors share any responsibility for this error. Ms. Heyden was of the opinion that inspections are not called for at the time the foundation and planning survey are done. When the City notices it, it is too late. Commissioner Tillman asked if the inspection of the foundation takes place after the foundation is poured. Ms. Heyden said she could not confirm that that happens in every case. However, Commissioner Tillman realizes that is what happened in this case. The foundation was approved after it was poured. Ms. Heyden feels it happened because the surveys were not submitted and the inspection was not done at the proper time. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 City Manager Parker added that the City's inspectors are not surveyors. The surveys come from the surveying company, but the contractors are not building to the survey. Our inspectors are using the survey, and that is when they are detecting the problem. Mr. Wohlfarth said staff did a good job. This is a unique situation where the building was put in a location which was 8' off. This does not happen often. Commissioner Tillman expressed concern with this situation. He pointed out that before anything is, the correct measurements must be available. This is a common practice. Finding this out at this point is a very bad situation. Mayor Taylor feels that eliminating the one house in the middle is the best solution to this problem. Errors have been made by the surveyor and contractor. The developer should go to those people for relief since they have to be responsible for their work. It is not the City's responsiblity to change the measurements to correct the errors made by the contractor and the surveyor. This is shoddy workmanship. If we make an exception in this case, there will be others in the future, Vice Mayor Jaskiewicz feels another benefit of leaving the lot vacant is that the builder might be able to get more compensation from the houses on each side of it by increasing their lot sizes. Mr. Wohlfarth explained that when there is a large separation, it is not difficult to make such an error. Mr. Wohlfarth is the owner of the surveying firm. He does not feel the surveyors did shoddy work. They made a mistake. He apologized to the owner and realizes that he is obligated to correct this situation. He pointed out, however, that there are tremendous numbers of projects in the City that are on 50' lots in PUDs with 10' separations. A mistake was made. If the request he made would deteriorate the subdivision, he would offer a check to his client immediately. However, because there have been other such instances, Mr. Wohlfarth felt he would attempt to get approval to remedy the situation in this way. He stated that if the Commission approves his request, he guarantees that in one year, after driving through the project, no one will be able to detect where this error was made. Mr. Wohlfarth reminded the Commissioners that he has never been before them seeking help for a problem. He knows this would be a one-time deal. He needs help and urged the Commission to support his request. Mr. Wohlfarth agreed with Comments 1,2,4,5,7, and 8. He requested consideration on Item 3 and Item 6, and on the issue of the pool. He asked that, in the event this item goes to the Planning and Development Board in two weeks, if the agreement cannot be rectified or ratified or found, that this item be rectified through this process. If it can be done through the agreement process, he is amenable to doing it. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Motion Commissioner Titcomb moved to approve the request of this item subject to staff comments and the limitation of a one-story home on Lot #23 as suggested by staff comments. Also, include that this is a one-time conditional request for this particular situation only. Vice Mayor Jaskiewicz seconded the motion. Commissioner Tillman disagrees with this request because he is concerned about how this will affect the value of the surrounding properties. In addition, he has concerns about the issues of hurricane standards and safety. He feels the resale value of the properties around Lot #23 will be affected. Mayor Taylor feels it is the developer's responsibility to correct this situation. There is still time to correct this project. He will not support the request. Commissioner Titcomb realized that the Commission's decision would be split on this issue, and questioned whether or not to table the item to allow staff and the applicant to work on another proposal. Mr. Wohlfarth stated that he was not sure there was much he would be able to work out with staff. With regard to the hJrricane issue, one of the important parts of the project is that this is a zero-lot line project. There are no windows on those lot lines. From a fire safety and hurricane safety standpoint, this is a plus. The motion failed 2-2. (Mayor Taylor and Commissioner Tillman dissented.) City Manager Parker advised that a second motion is required relative to what will be done with the lot if it is left vacant. There were two lots involved. One lot was Lot #32 with a pool which is already in place at 8" off. Lots #22 and #23 deal with the first item that was discussed. Motion Vice Mayor Jaskiewicz moved to approve Lot #32 with the pool as it is situated. Mr. Tillman seconded the motion which carried 4-0. Mr. Wohlfarth questioned whether or not there would be anything he could do to correct this situation other than creating a park or eliminating a house. Mayor Taylor said the errors that were made will be costly. He does not know a solution other than building the project according to the site plan. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JUNE 18, 1996 Mr. Wohlfarth suggested tabling the issue to allow him the opportunity to go throughout the community and return with a letter from the property owners stating that they do not have concerns about hurricanes or fire safety. Commissioner Tillman feels the biggest issue is that mistakes were made and Mr. Wohlfarth must accept that and straighten out the situation immediately. City Manager Parker advised that the Building Official will be instructed not to issue the CO for the house since it does not meet with the previous approval. The applicant can either leave the adjacent lot vacant or move the existing house. Mr. Wohlfarth questioned whether the plan will go back to the Planning and Development Board for action. Ms. Heyde,., advised that the City Commission has the sole authority to determine whether this is a major or minor change. The City Commission has ruled that the error in the house is a major change; therefore, that action stops at this point. The remaining part of the request will move to the Planning and Development Board. Mr. Wohlfarth requested that the City Commission table this item to allow him to meet with the City Manager and City staff, and come back to the Commission when a full board is seated. Attorney Doody advised that the City Commission has acted on the application by denying the request with a 2/2 vote. The application is no longer pending; therefore, the opportunity to request tabling the item no longer exists. He did point out, however, that the Commission could entertain additional action if they so desired. City Manager Parker advised that the City Commission could make a motion, during this meeting, to reconsider this application at the next meeting. If that is not done tonight, a motion to reconsider would have to be submitted by a member of the prevailing side (Mayor Taylor or Commissioner Tillman). Attorney Doody read from Resolution 95-50 which addresses motions to reconsider. Motion Mayor Taylor passed the gavel and moved to extend all fairness to the applicant to reconsider this at the next full City Commission m~eting. This will give an opportunity to go back to staff and see if there is some other alternative that you can present to this Commission, and that will give you the opportunity to offer input to the entire Commission. Commissioner Titcomb seconded the motion which carried 4-0. 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4,1996 cannot discuss this matter. Vice Mayor Jaskiewicz offered to talk to Mr. St. Juste personally and asked him to make an appointment to come into her office. Wilfred Taylor, a citizen of Boynton Beach, stated that the stop signs and no parking signs that were put on Martin Luther King Boulevard are not effective because the laws are not being enforced. He advised that people still park where and when they want to, Vice Mayor Jaskiewicz promised Mr. Taylor that this matter will be looked into. Uzi Sharf owns Certified Alarm Beepers at 417 E. Boynton Beach Boulevard, He said he has been in this city for two years. He stated that the City of Boynton Beach inspectors told him a wood sign is illegal in the city. He distributed pictures of stores that have these type of signs. He also said he is not allowed to advertise on more than 50 percent of his window space, and distributed pictures of stores that advertise on 100 percent of their windows. He would like every businessman in town to be allowed to advertise their businesses, or they will all move west. Mr. Sharf also complained that some businesses are not allowed to put a different sign on their sign pole. Vice Mayor Jaskiewicz advised Mr. Sharf that there is a sign code. and that many of these stores have probably been in business for many years. Mr. Sharf said these businesses moved in after he did. He felt he was being discriminated against because he is Jewish. Vice Mayor Jaskiewicz told him that has no relevancy whatsoever. She advised that we will look into this matter and get back to Mr. Sharf. Mr. Sharf requested that he be sent the results in writing. No one else wished to speak under public audience. Vice Mayor declared the public audience closed. VIII. DEVELOPMENT PLANS A. Project: Agent: location: Description: Citrus Park P.U.D. James A. Hamilton III - CCl Consultants East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Master Plan Modification: Request to amend the previously approved master plan to reduce the width of lots 22 and 23 from 55 feet to 51 feet; reduce the non-zero line side building setback from 15 feet to 11 feet; reduce the rear pool setback 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 4, 1996 on lot 32 trom 8 teet to 7 feet and reduce the rear screen enclosure setback on lot 32 from 6 feet to 5 teet. City Attorney Cherot advised that this is a quasi-judicial matter and everyone who wishes to speak regarding this matter needs to be sworn before they testify. All of the documents that are in the Commission backup package and any other documents presented by staff in their presentation this evening are automatically part of the record. If there are other documents that any speaker wishes to have made part of the record, they should identify them and leave a copy with the clerk before they leave this evening. If any member of the Commission has been lobbied on any aspect of this project, they should state the nature of the contact that they have had. At this time, City Attorney Cherof administered the oath to all those who planned to testify. Richard Wohlfarth, the President of CCl Consultants, the agent for the developer of the property, stated that he received staff's comments yesterday morning and do not agree with the findings of the TRC. He would like to meet with Bill Hukill to see if an agreement could be reached, and requested that the Commission table this matter until June 18th. Motion Comm'issioner Bradley moved to table this item until June 18, 1996. Commissioner Tillman seconded the motion, which carried 3-0. IX. NEW BUSINESS A. Authorization to proceed with 1995/96 Street Resurfacing Program City Manager Parker advised that we have allocated $120,000 in the budget for street resurfacing. We would like to add Pioneer Canal Park, Wilson Center, and Fire Station No. 2 parking lots as part of this bid. The 1995/96 resurfacing list in the agenda backup shows the number of street we will be able to resurface this year, based on current bid estimates. We are trying to see if we can partner with Delray Beach and get the benefit of the Palm Beach County volume bid, which is considerably less than the bid quote we have. If we can do that, then we can add a few more streets if the bid comes in lower. If the Commission authorizes staff to proceed, we will begin resurfacing these streets within the next 45 days. 16 -- ----"--_..~- _._-------~----- MINUTES' PLANNING AND DEVElOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 \ j the restaurant will be razed and the property will be utilized for the multifamily project. The developer is ready to move forward with this development. Joseph Salamone, 2404 S. Federal Highway, ;s the managing partner of Bravo Boynton. They are proposing to build a total of 50 units on this property. The zoning change requested will allow for six additional units. The project will consist of two-story units. Chairman Dube announced the public hearing. Frank Adano, 2420 Corporation (Hampshire. Gardens), was concerned with how this project will affect . Hampshire Gardens. He asked for further clarification of the project. Mr. Salamone explained that there will be 50 condominium units which will be 1,460 square feet per unit. There are two entrances to the project; one on the south side and one on the north side. There will be eight boat slips - four will be 30' slips, two 40' slips and two 50' slips. Mr. Rosenstock asked whether or not Hampshire Gardens had any objections to this project. Mr. Adano responded that there were no objections from the 2420 Corporation. He stated that they would welcome this project. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. Motion Vice Chairman Golden moved to recommend approval of the land use element amendment and zoning and text amendment submitted by Joseph Salamone for Boynton Jim, Inc., request to amend the Future Land Use Map of the Comprehensive Plan from Local Retail Commercial to Special High Density Residential, rezone from C-3, Community Commerical to R-3, Multi-Family Residential, and amend text of the Coastal Management Support Document, Table #24 by changing the acreage of the Special High Density area from 9.9 acres to 11.35 acres. Mr. Beasley seconded the motion which carried 6-1. (Mr. Rosenstock cast the dissenting vote.) B. SUBDIVISIONS MASTER PLAN MODIfiCATION 1. Project: Location: Citrus Park (Citrus Glen II PUD) East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard Request to modify the previously-approved master plan to reduce existing screen enclosure (screen roof) setbacks, 8 feet to 6 feet rear setback and 1 5 feet to 10 feet side setback and establish the following pool setbacks: front 22', rear 8', side (interior) 12', side (zero lot line) 2', side (corner) 18', from Description: 8 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 13, 1995 ~ residence 5' and from residence (with shear wall) 3'. Ms. Heyden made the presentation. The typical lot size in this project is 55' x 100', and it is bordered by Citrus Glen PUD on the north, Citrus Cove Elementary School to the south, residential land to the east in Palm Beach County, Lawrence Road to the west, and farther west, Nautica. Ms. Heyden referred to Planning and Zoning Department Memorandum No. 95-247 dated May 31, 1995, to explain the request. The approved building setbacks are not affected by this request. With regard to the request to reduce the side yard setback from 15' to 10', staff is recommending that the non-zero line side setback of 15' be maintained for structure and screen enclosure setbacks. She dirl!!ded the members to Fire Department Memorandum No. 95-268 wherein they maintain 15' is necessary based on recent field observations. With regard to the request to reduce the rear setback from 8' to 6', staff has some provisos with the approval of this reduction. Where the rear property line abuts another unit and where the rear property line abuts an adjacent project, the rear setback shall continue to be 8'. With regard to the establishment of the above-ground pool setbacks, staff finds them acceptable with one exception. The interior side setback shall be 15' rather than 12', and the comer side setback shall be 20' rather than 18'. The City Commission made a determination of no substantial change and forwarded it to this board with a recommendation for approval of this request subject to staff comments. Ms. Heyden also added that there was a recommendation at the City Commission meeting that the proposed name, "Boynton Estates", be changed due to the fact that there are already a number of projects in the City with similar names. Mr. Rosenstock questioned why the developer wants to make the changes to the setbacks. Ms. Heyden assumes it is either to put in a larger structure, a larger pool or a larger pool enclosure. Chairman Dube advised that this question was asked at the City Commission meeting, but the representative was unable to provide an answer. Motion Vice Chairman Golden moved to approve the master plan modification for Citrus Park to modify the previously-approved master plan to reduce existing screen enclosure (screen roof) setbacks, 8 feet to 6 feet rear setback and 15 feet to 10 feet side setback and establish the following pool setbacks: front 22 feet, rear 8 feet, side (interior) 12 feet, side (zero lot line) 2 feet, side (corner) 18 feet, from residence 5 feet and from residence (with shear wall) 3 feet, subject to all staff comments. Mr. Wische seconded the motion which carried unanimously. 9 ""------------.--------- MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 6, 1995 ~ A. Project: Agent: Owner: Location: Description: Outpatient Properties, Inc. .................................. l ABLED Wayne E. Puis Outpatient Properties, Inc. Southwest corner of SW 23 Avenue and Seacrest Boulevard MAJOR SITE PLAN MODIFICA liON: Request to amend the previously-approved site plan to construct a surplus parking facility on a parcel adjacent to the Outpatient Center of Boynton Beach City Manager Parker advised that Mr. Puis has requested that this application be postponed until July 5, 1995. The request for postponement is the result of scheduling commitments of the appl icant's counsel, Boose, Ciklin, et at. There was no objection to leaving this item on the table until the July 5, 1995 meeting. B. Master Plan Modification to reduce setbacks for swimming pools at Citrus Park PUD Louis Campanelli, agent for the applicant, was administered the oath. He advised that he had " no presentation, but was available to answer any questions which might arise. Tambri Heyden, Planning & Zoning Director, made the presentation. She advised that the request involves the following: 1. Reduce the approved rear screen pool enclosure setback from 8' to 6'; 2. reduce the approved side screen pool enclosure setback from 15' to 10'; and 3. establish the following pool setbacks: Front 22' Side (Interior) 12' Side (Zero-Lot Line) 2' Side (Corner) 18' Rear 8' From Residence 5' From Residence (with shear wall) 3' Ms. Heyden advised that the typical lot size at Citrus Park is 55' x 100'. All of the lots front on an internal private road with one ingress/egress to Lawrence Road. The approved building setbacks already established on previous master plans are not affected by this request. , 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JUNE 6, 1995 With regard to the request to reduce the side yard setbacks from 15' to 10', staff recommends that a non-zero line side yard setback of 15' be maintained. With regard to the request to reduce the rear setback for the screen roof enclosures from 8' to 6', it is recommended that the reduced setback be accepted with an exception. Where the rear property line of a lot abuts any property line of another project or where a property line abuts the rear of another unit, the rear setback shall be maintained at 8'. With regard to the above-ground pool setbacks, staff finds them acceptable with one exception. Where the side setback of 12' has been requested, staff recommends 15'; and with respect to the corner side setback which was requested at 18', staff recommends 20'. The TRC, at its meeting on May 23, 1995, recommended that the City Commission make a finding of "no substantial change" relative to this request. In addition, Ms. Heyden advised that the City now has a "Lake Boynton Estates", "Boynton lakes Estates", and this will now be "Boynton Estates". Staff recommends a name change for this project. Mayor Pro Tern Matson advised that there already is a "Boynton Estates" which is a subdivision of Boynton lakes North. She lives in Boynton Estates, and that name appears on the deed to the property. Mr. Campanelli stated that "Boynton Estates" is a trade name. This project is still known as Citrus Park PUD, and that is how it is platted. Ms. Heyden said the site plan application for signage reveals the name, "Boynton Estates". With regard to the setbacks, Mr. Campanelli said the request for 1 0' setbacks for the screen enclosures from the zero lot line is something which has been previously approved by the City. The Nautica project was granted this request, and that project is across the street from Citrus Park PUD. Ms. Heyden advised that after observing the areas, the Fire Chief and members of the TRC continue to maintain that 15' is necessary. Mayor Pro Tern Matson expressed her concern with the use of the name "Boynton Estates". She is concerned that the Police and Fire Departments will have a problem determining where to respond in an emergency. She is opposed to this name if it will pose a problem to the health and safety of the residents. In addition, she is also opposed to not heeding the Fire 11 .-- ~------_._.._._--" MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1995 " Department's recommendation of 15' and has a problem with the request to reduce the side screen enclosure setback from 15' to 10'. Commissioner Jaskiewicz concurred with Mayor Pro Tern Matson's remarks. Mayor Taylor questioned whether Mr. Campanelli anticipated any problems in changing the name. Mr. Campanelli explained that he does not know the legal ramifications involved. Following clarification regarding the recommendations made by staff with regard to the setbacks for screen roof enclosures from 15' to 10', Vice Mayor Bradley agreed that the Commission should not approve that reduction. He feels the zero-lot line lots are small enough. Mayor Taylor advised that he would support this request only if all of staff's recommendations were complied with. Motion Mayor Pro Tem Matson moved to find that this is "no substantial change" to the master plan modification. She moved to approve this subject to staff comments, and with a proviso that the name "Boynton Estates" not be used. Vice Mayor Bradley seconded the motion. Commissioner Jaskiewicz asked Mr. Campanelli whether or not he could comply with the Fire Department's recommendations. He responded affirmatively. However, he stated that the request was made because the project across from Citrus Park was granted these reductions, and they are in competition with that project. Mayor Pro Tem Matson explained that one Commission may not approve the same thing another Commission approves. There is no such thing as a "me too" priority in the City. Each case is dealt with individually. The motion carried 5-0. C. Determination if Master Plan Modification requested for the Woolbright Place PU 0 constitutes a substantial or non-substantial change Ms. Heyden made the presentation. The request involves Pods 1 and 3. The changes in Pod 1 involve a change in unit type from 90 multi-family units to 108 single-family, detached units. The setbacks for multi-family units are less involved than those for single-family units. The 12