CORRESPONDENCE
MEMORANDUM NO. 94-214
TO:
/
Tambri Heyden, Planning & Zoning Director'/ ~
Don Jaeger, Building Official )
Vincent Finizio, Deputy City Engineer~'
Ken Hall, Engineering Dept.,
John Guidry, Utilities Director'
FROM:
Carrie Parker, City Manager
DATE:
June 7, 1994
SUBJECT: CITRUS GLEN
On March 7th, the City Attorney sent a letter to Mr. Granados detailing a listing of
outstanding items set forth from the March 2, 1994 meeting between the parties (copy
attached).
Please provide me with a status report as to the listing of items still needing to be
addressed. If items such as permits are needed, please provide me with all relevant
information regarding each of these items. If your department is not involved with any of
the items, please note that comment as well.
Please respond back to this office by Tuesday, June 14, 1994. Thank you.
-; ~
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Carrie Parker
City Manager
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Attach.
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March. 7, 1~'4
VIA FACSIMILE TO: 401-369-0730
Mr. Felix Granados, Jr.
citrus Glan Linited Partnership
8300 Lawrence Road
Boynton Beach. PL 33436
Ra: Citrus Glen Development
Our FilA No. 910401
OQar Mr. Cranadop:
This will memorialize our meetinq of Wednesday, March 2, 1994,
reqardinq ~. build-out of the citrus Glen Development. In
aetendenoe at ehat mGoting ~.r. m~or. of the Citrus Glen
Homeowners A..ooiation Board ot Di.roc~oZ'. and their Attorney, steve
Pre... The follo"inq i.au.. witb r..pece to coaplation of the
pr:1 .C~: ~ 1 fiJrr.--
.~. 1. ~"tructlan af .. b....ri.r fena. alang the NarthAaa'
rv: ( ~ ~ corner of the deve1 oplI!-ent .
'~~~...--R~~~'r'-it'~* 1IWl~erial in Ilecoe-dance with thca
&.]r .' ;--< _, approved development plans. Thi3 include. the replant.in~
I ,7 of damaqed or destroyed trees and bushes. ')
_>f3 '?itt'~in or repalnt roadway trattlc urk1ngs. ;? ,. ~)
, ..... AWf~ K6
Afi1 ~'i 4. Co' truction of gate on Miner Road. _~
/1;1"JtI.~tr~ '5. , air and reston pool. pool deck. ..nd copinq. . /
/ (1 6. r bl~~air main security gate malfunction. . <l') P
\ 7.--f5RiworkJreqrade swales. . ~,k~ ~
\ 8 V~onm.ct collars around ~ch. badna. .Y "J1 ~.....r
\ g. p~Min]~ Road wall, in.~ll lll;;::J!taptnq a irriqa. ti~J 1)v
in accordance with ..pproved pi.... o. i ~ ;1i!0:~ 0 I
00 ffi @~~:~ rn *D~
CllYMANAGeI'SOfFlCE
PLANNING AND
ZONING DEPT.
(/' ~'
f;J-'r ~ /~
\ 10. ~scontinue use of sales ottiw. tor off-proj.a~ .ala8.
tl~L~~J6~~dQb~iS from 11tt sta~lon ~ite.
12./~~n:tect fence attached to unle lZ3.
~~
13. Patch po~ holes.
f..1lA.. --'114. Completion of developllent in accordance with approved
V" i) plans ·
wi~n re.pect to item number 2, the City Forester is 1n ~ne
proc..a of conduct-inq an on-site survey. You viII be provided wlt:n
a copy of the survey and asked tor your CODents regarding
cQmpliance wieb the approved plans.
Mr. Granados
March 1, 1994
Page 2
wi~h reapoct to i~.. 11, the City Manaqer has requested the
~h. utilities Depart..nt survey the lift station site and remove
o.ny debris.
With re.pect to the COMmon prop.~y let adjacent to lo~ 123
~n<1 the tene., constructed thereon, the City will process the
Association permit request onoe you have disconnected the fence
tro.. unit 123.
I woul~ appreciate your written response to the remainder of
the above listed issues. Hore specifically, I would like you to
describe what work, it any, you vill under~ake and tbe time from
for completion of that work.
Thank you tor attending the me tlnq with the homeowners. I
trust we will be able to wor~ thro h the reaaln1ng it... prior to
your turnover which I understa SCheduled tor July, 1994.
.,
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9001.a...
LE'1'1'D
CRAlf~.. ioTa
eel Karen Zann, asquire
e.no Moore, ..quire
3~ev.n ~.s., Esquire
J. Scott Klller, city Manaqer
~yor and Co..i..ion
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- 8 199~
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BUILDING DEPARTMENT
MEMORANDUM NO. 92-186
August 18, 1992
TO:
Chris Cutro
Planning Director
FROM:
Don Jaeger
Building Official
RE:
CITRUS GLEN
The developer of Citrus Glen has recently submitted construction
plans for a two-story single family dwelling. The master plan
accompanying the plat documents shows that the project was
approved for one-story dwellings. Options for two-story
dwellings were not included in any approved documents.
Is the construction of two-story dwelling units considered a
revision of approved documents which requires resubmittal for
master plan modification? Please advise as soon as possible.
D~ger
DJ:bh
XC: Milt Duff
CITRUS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 92-180
September 8, 1992
FROM:
Jim Cherof, City Attorney
~h' h~ I' d
C r1stop er Cutro, P ann1ng an Zoning Director
TO:
RE:
Citrus Glen
As you requested, we have researched the master plans and plats
for the Citrus Glen PUD.
We were unable to review the tapes because they have been
disposed of. This plan was in 1987 which was five years ago.
The City Clerk only keeps tapes back to three years ago.
Our research has yielded the following:
1. The approved plans contain a floor plan for a single
story house but no elevations or written limitation on
them.
2. At the Planning and Zoning Board meeting of June 23,
1992, a representative for the developer stated
structures would be "single story with one and two car
garages." (See attached minutes)
3. That to date no building permits have been granted for
two story structures at Citrus Glen.
4. That the lots at Citrus Glen are smaller than normal
and difference in height between one and two story
structures can greatly affect privacy on lots
containing one story structures. This would not occur
on normal sized lots.
5. The elevation of the old and new structures are so
different that the original intent of this PUD which is
to create a community of small lot one-story single
family homes is now changed.
I have attached the above mentioned minutes. If you have any
further questions, please feel free to call me.
CC:ald
Attachment
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1987
argument could be made for species that had been determined
undesirable.
Mr. Ryder thought the buffer issue was a side issue, while
the main issue was whether another shopping center was needed
adjacent to an established residential area.
Mr. Walshak thanked Mr. Koehler for his effort to make such
a detailed presentation.
Jf
Mr. Blanchette thought the project was a super one, but he felt
it was in the wrong location geographic~lly, because of the
traffic. Mr. Blanchette also remarked that there soon might be
an interchange at the Turnpike and Old Boynton Road, which would
further increase traffic.
Vice Chairman Wandelt also agreed that another shopping center
was not necessary, but he felt this was a beautiful project and
was the lesser of two evils (the shopping center or high rises).
Alternate Gary Lehnertz also felt another shopping center was
not needed. He also was uncomfortable with the suggestion for -
the overpass, as he was familiar with the Southern Blvd. bridge
and did not like its layout. Mr. Lehnertz believed a nice
residential area of two-story townhouses or condominiums could
be developed in this location. He disagreed with Mr. Koehler's
statement that having water on two sides would prevent the
spread of Melaleucas and Australian Pines: he said these trees
are spread through airborne seedlings, and a 50' waterway would
not prevent them from being spread throughout surrounding areas.
Mr. Lehnertz further said the fact that Melaleucas absorb water
was a moot point, as far as drainage, because the drainage and
swales have to be there anyway. He added that, if there was
a dry spell, the Melaleucas could present problems with the
sprinkler wells.
,
Motion
Mr. Ryder moved that the Board endorse the recommendation of
the Planning Department by DENYING the request for rezoning
from residential to commercial. The motion was seconded by
Mrs. Huckle and carried 7-0.
A RECESS WAS TAKEN AT 10:40 P.M. THE MEETING RESUMED AT
10:50 P.M.
,
- 17 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
Owner:
Location:
Legal
Description:
project
Description:
~
JUNE 23, 1987
Enrico Rossi, P.E.
Knollwood Orange Groves, Inc.
Lawrence Road at Miner Road extended,
southeast corner
See "Addendum B" attached to the
original copy of these minutes
Request to annex a 53.604 acre tract
of land
. ToiANI)"USlrBLJDmNT AMBND~ "AND" Re~6NtNGi
3.. . Pr.9:ject .:liame;
Agents:
Owner:
Location:
Legal
Description:
Project
Description:
Citrus Glen
Same as #2 above
Same as above
Same as above
Same as above
Request to show annexed land as Low
Density Residential and to rezone from
AR (Agricultural Residential) to a
Planned Unit Development with a Land
Use Intensity=4 to permit the develop-
ment of 250 units, including 132 zero
lot line, single-family detached units
and 118 duplex units
Mr. Golden read from a memo from Mr. Annunziato to the Board
members dated 6/11/87, which gave the background information
for these requests (See copy of memo found in the City Clerk's
Office). Mr. Golden informed the Board of the current land
use and zoning of the surrounding areas, and he discussed the
Master Plan of the project, showing the transparency and the
rendering of the plan.
~
Mr. Golden stated that included in the request to annex were
the City-owned lift station and the rights-of-way for Lawrence
Road and the L-20 canal. Regarding Miner Road, Mr. Golden said,
the Master Plan and Staff comments provide for its dedication
and construction.
Mr. Golden then read from the memo regarding future land use
and rezoning of the area. He also noted the three policies
in the Comp Plan which addressed annexations, which the memo
discussed. Mr. Golden said the Planning Department recommended
that the applications be approved, subject to comments listed
in the memo as Exhibit "C".
- 18 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1987
,
In answer to Mr. Ryder's inquiry about Miner Road, Mr. Golden
replied that, with the approval of this project, 180' of Miner
Road would have to be dedicated within a certain period of
time. Then in a greater period of time, Miner Road would have
to be constructed. Mr. Annunziato added the rights-of-way have
already been dedicated, and the plans for the portion of the
road between Congress Avenue and Sandalwood Blvd. have been
approved by the City and should be constructed soon. He said
the applicant has until October to complete construction of
Miner Road from Sandalwood Drive to the western limits of his
property.
Mr. Golden advised Chairman Trauger that this property was
not the operating Knollwood Orange Groves, but was on the
other side of the road. Mr. Annunziato stated there has not
been a commercial grove there in eight or more years. In
response to another question by Chairman Trauger, Mr.
Annunziato said the ground water storage tank was east of
and adjacent to this project, and he noted the regional
pumping station was on the northwest corner of this property.
In response to Mrs. Huckle's inquiry, Mr. Annunziato said
108' was the right-of-way width for Miner Road. He noted
that Miner Road could potentially be a four-lane divided
highway at build out.
Michael D. Gordon, 515 N. Flagler Drive, West Palm Beach,
Florida 33401, was representing the project. Mr. Gordon
said the gross density of the Planned unit Development would
be 4.66 units per acre. Mr. Gordon said he agreed in principle
to all of the staff comments, but he felt certain comments
would require clarification or further definition. Mr. Gordon
promised to meet with the necessary departments to resolve
these issues prior to the City Commission meeting. Chairman
Trauger said Mr. Gordon would have to agree totally to the
comments tonight.
Chairman Trauger stated that this was a Public Hearing, and
he asked if anyone wished to speak in favor of the requests.
Robert Grauch, 8546 Duke Court East, asked if these units were
proposed to be rental or purchased dwellings. Mr. Annunziato
replied that they would be purchased. Nathan Miller, builder
for the project, Intracoastal Development, Inc., 70 S. Congress
Avenue, Suite 201, Delray Beach, Florida 33445, told Mr. Grauch
the homes would be between 1,300-2,000 square feet and would
cost between $80,000-$120,000. Hearing that information, Mr.
Grauch said he was in favor of the project. He said he was
happy to see the gross density at 4.66 units per acre.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1987
As no one else wished to speak in favor of the requests,
Chairman Trauger asked if anyone wished to speak in opposition
to the requests.
Helen Schwartzenberg, 8876 Princess Donna Court, stated there
was a serious traffic problem on Lawrence Road. She said new
building was occurring on 22nd Avenue between Lawrence Road
and Congress Avenue that would bring in more traffic. She
wondered if there were future plans for developing Lawrence
Road. Chairman Trauger advised that road was in the County
Land Use Plan for the next five years. Mr. Annunziato did
not think there were any plans to extend Lawrence Road to
more than the current two lanes. Mrs.' Schwartzenberg said
the addition of an elementary school would further impact
the area traffic. Mr. Annunziato reported traffic studies
had been made, and Lawrence Road would continue to operate
under Level of Service "C". Mr. Annunziato said the applicant
would be expanding the intersection of Lawrence Road and Miner
Road with turn lanes. He also said 22nd Avenue would be
extended to Military Trail in the very near future.
Joan Starr, 7689 Lawrence Road, presented petitions signed
by people opposing the Land Use Element Amendment and rezoning
of both the Citrus Glen and Lawrence Groves projects. Mrs.
Starr was opposed to the rezoning and land use changes for
'both of these projects. Mrs. Starr said she and her neighbors
have enjoyed quiet, country living for many years. With the
entrance of many developers, tropical vegetation, cows, and
now orange groves are disappearing. According to the news
reports, Mrs. Starr said, South Florida has reached the limits
of population that the water supply will sustain. Mrs. Starr
added there are good water management laws, but just too many
people. She was not against development, but it seemed to
Mrs. Starr that growth should be limited in a reasonable way.
In view of the already crowded roads, over developed land,
depleting water situation, and the PUD not being conducive
to the type of homes already in the neighborhood, Mrs. Starr
urged that the requests be denied. Mrs. Huckle asked how
Mrs. Starr would envision this land being developed, and Mrs.
Starr preferred homes similar to what is already there, rather
than a PUD.
Steve Cromartie, 7839 Lawrence Road, asked if, although the
development would be fee simple, people could buy and then
rent them. Mr. Annunziato stated that this was correct. Mr.
Cromartie said he was against rental property in his area,
which is now zoned agricultural. He knew development of the
area could not be prevented, but he would like to see something
that would allow a lesser number of people to live there.
- 20 -
,
,
!III'
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1987
As no one else wished to speak, Chairman Trauger declared that
THE PUBLIC HEARING WAS CLOSED.
In response to Chairman Trauger's inquiry, Mr. Annunziato said
that 132 zero lot line, detached homes were planned for this
area. Chairman Trauger asked why, with all the land, they
would be zero lot line. Mr. Miller replied that, on the basis
of market studies, it was determined that was the best possible
use of the land. Chairman Trauger thought the homes would be
located too closely together~ he thought there would be a
common wall. Mr. Miller explained that duplex or attached
patio dwellings would have the common wall, but these homes
would have side yards. Mr. Fernandez,' the archi teet for the
project, added that there would be better utilization of the
side yards in this proposed concept. There was further
discussion.
Mr. Blanchette asked if the Board would be able to see the
designs of these homes before final approval. Mr. Annunziato
advised that single family and detached duplexes were exempt
from review, unless they were condominiums. Board members
discussed the fact that they had recommended to the City
Commission that they be provided with a concept of the type
housing to be in the PUDs, but the Commission had not agreed
with their request that the PUD Ordinance be amended.
Chairman Trauger asked what type of construction the homes
would be. Mr. Miller answered that there would be masonry
construction, and the homes would be single story with one-
or two-car garages. He said there would be at least three
different models of the single family home with twelve dif-
ferentelevations. Mr. Miller stated it was too early for
final architectural drawings.
Mrs. Huckle asked if the land use intensity took the lake area
into consideration. Mr. Annunziato said the density, as opposed
to the land use intensity, did include the lakes~ the 4.6 units
per gross acre calculation did include the lakes and the roads.
Mr. Annunziato said the net density was probably much higher,
perhaps 6 or 7 units per acre.
Regarding the density issues, Mr. Annunziato said these issues
were much discussed when the E&A Report was adopted. Mr.
Annunziato told of the land uses of surrounding properties,
which all had higher densities than this proposed density.
Regarding the non-annexation option, he said this leaves the
impression that the property may not be developed or may be
developed as something less~ however, the County Comprehensive
Plan would provide for densities twice as high. Mr. Annunziato
- 21 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 23, 1987
said these densities were assigned to the property before the
applicant got involved.
In response to Chairman Trauger's inquiry, Mr. Miller said he
had never been involved in a building corporation that had gone
bankrupt. Mr. Miller said he intended to develop and build this
site.
Motions
,
Mr. Ryder moved to accept the recommendation of the Planning
Department and approve the request for annexation of Citrus
Glen, subject to staff comments (See Ii Addendum Cl-9" attached
to the original copy of these minutes). Mr. Gordon stated
he agreed with all these comments. Mrs. Huckle seconded the
motion, which carried 7-0.
Chairman Trauger asked the applicant if he would be able to
have some sort of sketch or visual representation of the projectc
before the City Commission meeting. Mr. Annunziato advised
that the Public Hearing for Citrus Glen (and Lawrence Groves)
would be at the July 21 City Commission meeting. (Boynton
Beach Village Center would be heard at the July 7 meeting.)
Mr. Miller thought he could present a rendering of a typical
detached home and a typical patio building.
.'
Mrs. Huckle asked if, in changing from agricultural to low
density residential, this would be the lowest residential
category in a PUD. Mr. Annunziato advised that densities
could be as low as desired, but still be consistent with the
maximum 4.8 dwelling units per acre permitted in that zoning.
Mrs. Huckle asked if the density could be required to be any
lower; Mr. Annunziato answered that the Board could recommend
to the City Commission a lower density.
Mr. Ryder moved to endorse the recommendation of the Planning
Department and approve the request to show annexed land as Low
Density Residential and to rezone from Agriculture Residential
(AR) to a PUD with a Land Use Intensity=4 to permit the develop-
ment of 250 units, including 132 zero lot line, single-family
detached units and 118 duplex units, subject to staff comments.
The motion was seconded by Dr. Jackier. The motion failed 3-4.
Voting in opposition to the motion were Vice Chairman Wandelt,
Mr. Walshak, Mrs. Huckle and Chairman Trauger. The request for
the Land Use Element Amendment and rezoning was DENIED.
.&i
Mr. Walshak explained the dilemna he faced was whether to
approve projects without knowing what they looked like. Mr.
Walshak said he would never vote on a project that he could
not see what it looked like.
- 22 -
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DATI t
RECEIVED
SEP 3 1992
CITY MANAGER'S OFFICE
.A
CITRUS GLEN UMlTED PARTNERSHIP
8300 LAWRENCE ROAD, BOYNTON BEACH. fl.ORIDA 33436 TEL: (407) 734-9830
RECEIVED
_4
PLANN\NG O~Pi' r
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Scptkmb~r 3. 1992
Cit1 of Boynton Beach
200 N. Seecr..t Blvd.
P.O. 80x .nO
Boynton B~8Ch, FL 33425
Attention: J4~e8 A. Cherof. City AttornQY
R~l Your letter of S~pt~mb&r 2t 1992
D~ar Mr. Cheroff,
The developers of Citru8 Glen have n&v&r represented at any time that we
would ~ot build 2 story home. nor change our modele. ~e hav~ c~~n8ed models at
least 8 ttm~' and have never h~d to have a .lte plAn modification. ~r. Annunziato
fuither stated to us that single family homes wcre exempt trom r~v!ew. Ao Q
prop~rty own~r in the C1ty of Boynton Beach, we hdve the right to build any ~odel
W~ choose providing it conforms w1th local codes. We heve no h.ieht reatrlction8
nor restrictions of sny kind againet building a 2 story ~odel within our community_
As I explained 1n my letter to the commissioners, dated September 2, 1092,
copy attached) the r~al iAsue her~ 1s about di5erimm1natlon against f.mlll~9o
Ju~t btcause a group of elderly homeo~nets wish to discrlmminate AgAinst families
do~s not give the City the right to w1thhold our bu1ldln! p~rmite. Som~ oE theee
ho~~ownerB have openly stated that they wiSh CO discrlmm1nate a!ainet f~mili~e.
Citrus Gl~n 19 not a re$trlcted adult community and never has been. Citrus Glen is
sd1Jlt orl~nted. We provide lawn m8intena~ce and have a soc181 ~lubhouse. We have
e mtx of young families and active adults. It 18 agatnst the law to dleeriMlninate
against f~rnllie9 and any further action ~y the City [0 W1thhold our permits 1a
di~cTimanatory. There 1s no justification for the City obstructing our rights to
dev~lop our property.
We have already notified the City that if OUT perm1ts are not lmmediately
releas~d we will imm~dlately file a laV9ult and hold the City 11able lor all of the
financial da~ages we incur as a result of any delays caused by thiS 1~fr1ngemer.t
on our rights to dev~lop our property. We will also contact the f~deral government
and oth~r ag~ncies to press die 1ntnation charges.
Sincer..1y,
F.li~ Cra~~dos. Jr.
Citrus Ch,n
ceO) Scott Milt.~. City Manager
Jo~ Baloceo, Attornay
CITRUS GLEN UMlTED PARTNERSHIP
8300 LAWRENCE ROAD, BOYNTON BEACH, FlORIDA 33436 TEL.: (407) 134-9830
September 2. 1992
City of Boynton Beach
200 M. Seacrest Blvd.
P.O. Box 310
Boyn~on Bea(b. FL 3342'
Attention. City Commi'8ioner.
Dear Siu,
The developer of cttru. Clen respectfully demand. the immediate ftleag~ of
our pend1hl Bu:Ud1na Pemit on Lot '100 for our new lIIodet. We have been buildin!
at Citrus Glen for over 3 year. and have added many new model. to the eonmunlty
and have never had to have a eita plan ~odifie8tlon. Thi. requeet 1. totally
unreasonable atnce ~e have no he~lbtre8trlction. withtn our community and our
model conform. to all of the requirement. of zerO lot Itne .ingle family homee.
We Ire aware thAt certain homeowners have presented . petitIon to the City
objecting to our nev model. The fact 1. that they ha~e told me that they object
to th~ new model because they believe the 2 story mOdel will attract more families
into our cQmmunlty. Our eommunlty Ie not an adult restricted community. Thi.
attempt to discr1min.te .gainst families should not be .upported by the City
Cowl! II i on~ rI.
If our permit. are not immedtately released we are putting the ~ity of Boynton
B~ach on notice that we vill immediately file. lawsuit and hold tbe ~lty liable !
for III of the finanel.l damage. ve incur .1 a result of any dellY' C4u8td by this
tnfrlnaement on our riaht. to dev op our property.
S1neeuly.
lelix Granadoe. Jr.
Develop~r
HAND DELlVERED
CC.. Scott Miller, City ManageT
Jim Cheroff. City Attorney
Joe Balocco, Attorney
CITRUS GLEN UMlTED PARTNERSHIP
&300 LAWRENCE ROAD. BOYNTON BEACH, FLORIDA 334J6 TEL: (40n 734-9830
Sept~mb~r 3, 1992
Cit1 of Boynton leach
200 N, Seecr&at Blvd.
P.O. Box :no
Boynton B~ech, FL 33425
Attention: Ja~e8 A. Cherof, City AttornAY
R~I Your letter of Septernb&r 2, 1992
D~ar Mr. Cheroff.
The developers of Citrus Glen heve nev~r repre8~nted at any time that ~e
would ~Qt bUild 2 story home. nor chenge our mode18. v. hav~ changed models at
least 8 tlm~i and have never had to have. aite p18n modification, Nr. Annunziata
fuither stated to us that s1ngl~ familJ home8 were exempt trom T~view. Ao A
property own~r 1n the Clty of Boynton Beach, we have tne right to build any model
w~ choose provIding It conforms with local codes. We bave no h&ieht re.trictionc
nor restrlcttons of ~ny kind against building a 2 atory ~odel ~ithin our cOmmunity_
As I expla1ned in my letter to the commissioners, dated Sept&mbQr 2, 1992.
copy attached, the r~al issue here is about diacrimminatlon againet f.mlll~9.
JU8t btcause a group of elderly homeowne~. wish to diaerlrominate against famflios
dotS not give the City the right to withhold our building permfte. So~~ of theee
horn~owners have openly stated that they w1Sh [0 discrlmminate a!4inet r~mi1ie8.
Citrus Gl~n 18 not a r~9trlcted adult community and never has been. Clt~u8 Gl~n is
adult ori~nted. ~e provide lawn malnt~nance and have a social ~lubhou8e. We have
e mtx of young families and active adults. It 1s against the law to dlec~imminate
against f~milie9 and any further action by the City to wlchhold our permit& is
dl~crlmanatory. Th~re is no justification for the City obstructing our rights to
dev~lop our property.
We have already notified the City that if OUT perm1ts are not lmmed1stely
released we will tmm~dtately file a lawsuit and hold the City liable lor 811 of the
financfal da~age8 we incur as a result of any delays caused by thiS 1nfrlngemer.c
on our rights to dev~lop our property. We will also contact the federal government
and oth~r 8g~ncies to p~ess dis 1nlnation charges.
Sincer&ly,
F.li~ GT~~~dos. Jr.
Citrus Clen
ce., Scott Miller, City Manager
Joe Balocco. Attorney
CITRUS GLEN UMlTED PARTNERSHIP
8300 LAWRENCE ROAD, BOYNTON BEACH, FLORIDA 33436 TEL.: (407) 734-se.30
rrhe City of
'Boynton 'Beac/i
~J
(fL..' J
\....UN.;.b' };~
CL,
100 'E. 'Boynton 'Bead;' 'Boulevard
P,Q. '13o;r.31O
'Boynton 'Bead", '.JiJricfa 33425-0310
City 'Jfa[{: (407J 134-8111
'.J-,"IX: (40iJ /38-7459
August 28, 1992
Attorney Gene Moore
639 East Ocean Avenue
Boynton Beach, FL 33435
Dear Mr. Moore:
We have reviewed the letter that you forwarded to the City
regarding the permits for two story homes at Citrus Glen.
Appendix B Planned Unit Developments, Section I, Intent and
Purpose states that intent of the district is to
promote...appropriate and harmonious variety in physical
development.
When the master plan for Citrus Glen was approved it was with a
plan for a single story structure. In addition, all the
construction that has taken place to date has been single story
homes.
In our eyes the change that has been requested by the developers
of Citrus Glen would affect the harmonious physical development
of the site; and therefore, we consider this to be a minor
change. Per the code this change would require Ci t'y Commission
concurrence and Planning and Development Board approval which
will take 35 to 45 days to process.
We have turned your letter over to the City Attorney for his
review and opinion. As soon as he responds we will inform you of
our final determination on this matter.
Yours truly,
~~D_.
~ ~bloV
J. Scott Miller
City Manager
35M: cp
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PETITION
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BEACH HOMEOWNERS ASSOCIATION, INC. OBJECT TO THE
CONSTRUCTION OF TWO-STORY HOMES IN THE COl\1MUNITIES OF
CITRUS GLEN.
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CONSTRUCTION OF TWO-STORY HOMES IN THE COMMUNITIES OF
CITRUS GLEN.
ADDRESS
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CITY MANAGER'S OFFICE
CITY OF BOYNTON BEACH
TO: Jim Cherof, City Attorney
DATE: March 30, 1994
DEPARTMENT:
APPROPRIATE ACTION_
EV ALUA TIONlRECOMMENDA TION_
FOR YOUR FILES_
ACTION DESIRED PRIOR TO
SUBJECT: CONSTRUCTION OF MINER ROAD
FOR YOUR INFORMATION_
NOTE AND RETURN
OTHER
Attached hereto please find a copy of letter dated March 24, 1994 from Charles Walker
Jr., P.E., Director-Traffic Division, Palm Beach County Dept. of Engineering and Public
Works, to my attention, capsulizing a recent phone conversation we had last week
whereby the City and the County would work together in constructing Miner Road from
Lawrence Road to Congress Avenue. It was Mr. Walker's suggestion that an interlocal
agreement be entered into between the County and the City which would contain the
points as enumerated in said letter. I indicated to Mr. Walker that I felt that this would
be an acceptable proposal that would result in Miner Road being constructed.
As noted in Mr. Walker's letter, he has requested Ellie Halperin, Assistant County
Attorney, to prepare a draft of this interlocal agreement between the two governmental
entities. You of course will be consulted regarding the content of said document.
It is felt by this office that this proposal is certainly one that has merit, and hopefully it
will be accepted and approved by both the City and the County. Should you have any
questions relative to this matter as presented, please feel free to contact me. Thank
you.
MAR 3 0 I!lllI rn
&'11 G
PlANNING AND
ZONING DEPT.
~c~
. ~
. Scott MiII~,
ity Manage~;:,.
JSM:smb
Attach.
c: Mayor & City Commission
Tambri Heyden, Acting Planning & Zoning Director
Jim White, P.E. City Engineer
RESPONSE:
Date (Action Completed)
Signature
.
Board of County Commissioners
Mary McCarty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
Department of Engineeri
and Public Works
March 24, 1994
J. Scott Miller, P. E.
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: CONSTRUCTION OF MINER ROAD
FROM LAWRENCE ROAD TO CONGRESS A VENUE
Dear Mr. Miller:
This is to confirm our recent telephone conversations on procedures whereby the City and
County could jointly work together to construct the subject roadway.
It is my suggestion that an interlocal agreement be entered into between Palm Beach County and
the City of Boynton Beach which would contain the following points:
o The City of Boynton Beach would hire and pay for a consulting engineer to -complete
construction plans for this roadway to County specifications and provide these plans to
Palm Beach County in a bid ready format. The consultant for this work, along with the
fee, would be approved by Palm Beach C~unty.
o The City of Boynton Beach has approximately $297,840 available from developers to
accomplish this construction. The costs for the plans would be subtracted from this
ft;!, ' 1 If \'f'T'~ ~~( i&!1d... the balance would be pr?vided ~ Palm Beach County upon the completion
: !lIt . . _.~1ins or October 1, 1994, whichever IS later.
., Ii; i !,' .
NIJ J l, 1Wtm Beach County would provide traffic impact fee credits to the developers who have
..___,___ ._J'~yided these funds.
,~\. .
.. 0 Palm Beach County would program this work in its fiscal year 94/95 road construction
program and would take the project to construction as soon after October 1, 1994 as is
practicable.
o It is estimated that this project would cost approximately $450,000. It is understood that
Palm Beach County would provide the additional funds required to construct this
roadway.
"An Equal Opportunity - Affirmative Action Employer"
.
, .....) ') 9 1qQ~
.'\r\.\ I- oJ....
@ printed on ,<<r<*d paper
Box 21229 West~alm Beach, Florida 33416-1229 (407) 684-4000
J. Scott Miller, P.E.
City of BoyntOn Beach
March 24, 1994
Page Two
o Upon completion of the roadway, Palm Beach County would accept this road as a County
maintained road as to jurisdiction and maintenance.
The above is a proposal that clearly would require approval of both the City Commission and
the Board of County Commissioners. By phone conversation on this date, you have indicated
that you feel this would be an acceptable procedure. By copy of this letter, I am requesting
As~stant County Attorney, Ellie Halperin, prepare th~ tlraft of this interlocal agreement and
work directly with City Attorney James A. Cherof. When the first draft is compiete, I will
contact you for a meeting so that the details of this proposal can be worked out.
I look forward to working with you concerning this matter.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~~
Charles R. Walker, Jr., P.E.
Director - Traffic Division
CRW:emg
pc: George T. Webb, P.E. - County Engineer
Edwin A. Jack, P .E. - Deputy County Engineer
Ellie Halperin - Assistant County Attorney
L. Javier Lopez, P .E. - Roadway Production Division
Verdenia Baker - Impact Fee Coordinator
James A. Chernff - City Attorney,. City of Boynton Beach
fIle: Municipalities - City of Boynton Beach
Roads - Miner Road
crw\miaer