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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 July 18,2000 0 August 1, 2000 0 August 15,2000 0 September 6, 2000 NATURE OF AGENDA ITEM July 6, 2000 (5:00 p.m.) I8l September 19,2000 o October 4, 2000 o October 17, 2000 o November 8, 2000 September 7,2000 (5:00 p.rn,) July 19,2000 (5.00 p,m,) September 20,2000 (5:00 p.rn,) August 2,2000 (5:00 p.rn,) October 5, 2000 (5'00 p.rn,) August 16,2000 (5.00 p.rn,) October 18,2000 (5.00 p,rn,) o Adlninistrative I8l Consent Agenda o . Public Heanng o Bids o Announcement o Development Plans o New Business o Legal o UnfImshed Busmess o Presentation RECOMMENDATION: Please place thIS request on the September 19,2000 CIty CormmsslOn agenda under Consent, RatifIcation of the Planning and Development Board action. The Plannmg and Development Board WIth a unammous vote recommended approval (there are no condItiOns recommended by staff nor Plannmg and Development Board comments) For further details pertaming to this request see attached Department of Development Memorandum No. PZ 00-240 EXPLANATION: PROJECT NAME. AGENT. OWNER. LOCATION DESCRIPTION LAWRENCE OAKS PUD (DESTEFANO) SCREEN At~D POOL SETBACKS Peter DeStefano, PresIdent of Lawrence Oaks Homeowners AssocIation, Inc. Lawrence Oaks Horne Owners AssocIation 2440 Woolbnght Road Request for master plan modIfIcation to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and pool setbacks from five (5) feet to one (1) foot for those lots frontIng lake, buffer and preserve areas within the Lawrence Oaks PUD FISCAL IMP ACT: N/ A PROGRAM IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Director of Development ---rr. /( J U ~/ Director of Planning al< onmg City Attorney / Finance / Human Resources IICHIMAIN\SHRDA T AIPLANNINGlSHAREO\ WP\PROJECTS\LA WRANCE OAKS HOMEOWNERS ASSOOCC 9.19-00 ITEM REQUEST DOT DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-240 FROM Chairman and Members Planning and Development Board j1-1__L- Michael W Rumpf Director of Planning & Zoning TO DATE. August 14, 2000 SUBJECT Lawrence Oaks PUD - File No MPMD 00-005 Master Plan Modification (Reduce setbacks for screen enclosures and pools where located adjacent to buffer, lake front, and preserve areas) NATURE OF REQUEST Peter DeStefano, President of Lawrence Oaks Homeowners Association, Inc, is the agent requesting to modify the master plan for the Lawrence Oaks Planned Unit Development (PUD) This residential development is located on the west ?ide of Lawrence Road, immediately north of the L.W D D L-20 Canal (see Exhibit "A" - Location Map) The requested modifications are shown on the amended master plan (see Exhibit "B" _ Proposed Amended Master Plan) The specific request includes the reduction of screen enclosure and pool setbacks for all lots fronting lake, buffer and preserve areas This request includes lots 1 through 27, 50 through 82, and 85 through 124 It is requested that the screen enclosure setback be reduced from two (2) feet to zero (0) feet, and that the pool setback be reduced from five (5) feet to one (1) foot. BACKGROUND Approvals for the subject PUD were granted by Palm Beach County in 1993, and construction commenced shortly thereafter The project was then annexed into Boynton Beach in June of 1995 The project was designed (by Lane Design South Inc,) to conform to the PUD regulations in Palm Beach County No amendments have been processed for this project subsequent to annexation Chapter 2.5, Planned Unit Developments, of the City's land development regulations states that changes in planned unit developments shall be processed as follows Section 12 Changes in plans "Master plans approved as part of the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan, and to determine whether the change is substantial Upon completion of the administrative review, findings will be forwarded to the planning and development board which review all submitted documents as well as staff comments with all the authority, functions, powers and duties vested in it by Chapter 1 5, Article I, Section 4 of the Land Development Regulations The Planning and Development Board shall recommend to the City Commission that they approve the modification unconditionally, approve the modification with conditions and/or recommendations, or deny the modification The board shall also recommend to the City Commission that the modification be considered either major or minor Memorandum No. PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 2 Upon completion of the planning and development board review, findings will be forwarded to the City Commission The City Commission will first determine whether the modification is major or minor. If the Commission finds the modification to be major, the request will be returned to the applicant for processing as a new zoning application The determination of what constitutes a substantial change shall be within the sole discretion of the City Commission. If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations. The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification" The only characteristics of the master plan affected by this proposed amendment includes the addition of plan data including amended setback tables assigning approved setback distances These changes are described below. Currently Approved Setbacks' Setbacks for Swimminq Pools Lot local 0 Lot Line Opp, Side Rear Interior 3 5 5 Corner 3 5 5 Lakefront 3 5 5 Buffer Zone 3 5 5 Rec Area / Preserve 3 5 5 (Setback shall be measured to the water's edge) Setbacks for Screen Enclosures Lot local 0 Lot Line OPP. Side Rear Interior 0 2 2 Corner 0 2 2 Lakefront 0 2 2 Buffer Zone 0 2 2 Rec. Area / Preserve 0 2 2 Requested Setbacks Setbacks for Swimminq Pools Lot local 0 Lot Line ODD. Side Interior 3 5 Corner 3 5 Lakefront 3 5 Buffer Zone 3 5 Rec. Area / Preserve 3 5 (Setback shall be measured to the water's edge) Setbacks for Screen Enclosures Lot local Interior Corner Lakefront Buffer Zone Rec. Area I Preserve o Lot Line o o o o o ODD. Side 2 2 2 2 2 Rear 5 5 1 1 1 Chanqe o o -4 -4 -4 Rear 2 2 o o o Chanqe o o -2 -2 -2 Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 3 ANAL YSIS Staff has reviewed this request for consistency with the PUD development standards, and the intent and purpose of planned unit developments as stated in the following sections of Chapter 2.5 of the City's land development regulations "Section l' Intent and purpose A Planned Unit Development District (PUD) is established It is intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the City, and the protection of adjacent and existing and future City development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the City Regulations for Planned Unit Developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable City regulations to the same degree that they are intended to control development on a lot-by-Iot basis In view of the substantial public advantages of planned unit development, it is the Intent of PUD regulations to promote and encourage development in this form where tracts are suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units Section 9 Internal PUD standards. B INTERNAL LOTS AND FRONTAGE. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required, provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone" Since the master plan was approved under County standards, staff can only make certain assumptions relative to PUD design The City's regulations to do not require perimeter buffers per se, however, buffers are used to provide both a physical separation and buffer from adjacent properties, as well as to help fulfil the second requirement of Section 9 B above. This requirement is for perimeter setbacks to be similar to the setbacks for those properties opposite the PUD The subject lots abut the following buffer types Lots 1 through 27, a 50-foot or 25-foot buffer; Lots 50 through 82, a 20-foot lake management easement, and a 10- foot buffer in combination with a 20 foot utility easement and the 35-foot L.W D D L-20 Canal, Lots 85 through 101, a 10-foot buffer in combination with a 20 foot utility easement and the 35-foot L.W D D L-20 Canal, Lots 102 through 118, a 20-foot buffer; and Lots 119 through 124, the community's private preserve One justification of the applicant is that the minor setback reduction would not reduce the required perimeter buffer areas Adjacent properties that abut a portion of the subject lots include the Knollwood Groves citrus and retail business (to the south opposite Canal L-20 and Lots 62-101), The Colony PUD located within the County (Lots 111 through 118), and a mobile home park and commercial nursery also located in the County (Lots 101 through 110) It should be noted that current setbacks for the Lawrence Oaks PUD are the same whether the lot abuts a preserve or perimeter buffer, or abuts another internal lot. As a part of the justification for this request, the applicant has stated that the rear setback leaves insufficient space for the construction of a minimal-sized pool and screen enclosure. The subject PUD is Similar to many Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 4 master plans approved within the City in that lots are narrow, typical lots average between 5,000 square feet and 6500 square feet, and the homes occupy a high percentage of the total area of the lot. This scenario also typically leaves little space for a pool and screen enclosure Except for the fact that the PUD master plan includes setbacks for pools and screen enclosures, it is not certain to what extent pools and screen enclosures where to fit on the subject lots The following is a summary of the issues considered in this report, followed by corresponding analysis 1) The degree to which changes have occurred to adjacent unincorporated properties from which the original perimeter buffers may have been determined, (The property abutting Lots 111 through 118 has intensified with the development of another typical, zero lot line PUD including 2-foot screen enclosure setbacks and 5-foot pool setbacks, This adjacent project has a 10-foot perimeter buffer where it abuts the subject PUD, which provides a combined buffer width of 30 feet that separates two generally identical neighborhoods.) 2) The level of consistency maintained between the subject setbacks/separations and adjoining properties, (See response to Item # 1 above) 3) Did the original developer intend on properly accommodating adequatelY-Sized screen enclosures and pools, which mayor may not be realized by property owners prior to acquisition, (It cannot be verified, however, from the experience gained from processing numerous PUDs within the city, lot sizes have gotten smaller and living area has been maintained or increased Furthermore, perimeter buffers have been used to exaggerate lot sizes or openness of the PUD, but such areas cannot contribute to total buildable area) 4) The potential precedence to be set by approving the subject modification which could justify subsequent requests for other master plans, (Given the magnitude of inquiries the city receives regarding pool and screen setbacks within PUDs, it is possible for this request, if approved, to generate or justify other similar requests. However, the ultimate impact would be minimal magnitude and characteristics of the subject setback reductions (a total reduction of 4 feet and 2 feet) 5) The physical or visual impact created by the approval of the request and addition of pools and screen enclosures, (Given the magnitude of the reductions, and the continued existence of the perimeter buffer, natural areas, and adjacent canal, visual impacts from future screen enclosures allowed if the subject request were approved would be immeasurable to minimal assuming that the original intent was to accommodate pools and screen enclosures, The modifications requested result in no increase in impacts above those currently vested by the approved master plan) 6) This request being generally similar to a request for a variance warrants the application of the "minimum request" rule, which requires staff to evaluate whether the request represents the minimum necessary change in order to attain the reasonable use of land, and (Although some very shallow screen enclosures have been constructed on typical lots, most are void of pools due to the fact that only a very narrow pool would be allowed by current setbacks. Although the proposed setback reductions are minimal, they would allow for the addition of small enclosed lap pools at approximately 5 feet to 7 feet wide (the applicant has explained that even a pool this narrow is needed for health/therapeutic reasons.) Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 5 7) A comparison with other PUDs approved within Boynton Beach (Typical pool and screen setbacks (rear) within PUDs approved in the City range between 3 feet and 8 feet; however, a few PUDs within the city also have setbacks as low as zero feet for lots that sImilarly abut open areas or buffers.) 8) Impact on vegetation to be preserved within the perimeter buffers (It should be noted that, although these setback reductions only relate to approximately one-half of the units within the development, some of these lots front sensitive preserve areas and required buffer strips Reducing setbacks to zero (0) feet increases the possibility of negative impacts during construction. Special attention will be required during the inspection process to ensure that structural encroachments into sensitive areas do not occur or are rectified with equivalent vegetation.) RECOMMENDA TION This PUD was formally located in unincorporated Palm Beach County and was developed according to county land development regulations The PUD master plan did make provisions for pools to be located on individual lots The applicant's request to further modify these provisions is reasonable given that the lots in question abut sufficient open area to maintain compatibility with, and provide adequate separation between the adjacent land uses No encroachment into the natural areas is proposed, nor will the reduced setback allowance negatively affect other property owners in the development. Lastly, the proposed changes would not Jeopardize, or further degrade, the basic intent and purpose of a PUD that is to include a creatIve design, Improved living environment, orderly and economical development in the City, and the protection of adjacent and existing and future developments The addition of at least the minimum sized pools and screen enclosures would contribute to the quality of life (particular to those with related therapeutic needs) and the economic value of property without sacrificing adjacent property values It should be noted that the recommendation of staff in support of this request should not be construed as a favorable opinion toward the overall design of the subject PUD Instead, this review focused on the specific proposed modifications and relative impacts Therefore, staff recommends that the proposed amendment to the Lawrence Oaks Master Development Plan be considered non-substantial, and be approved by the City No conditions of approval are recommended, however, any conditions recommended by the Board or required by the City Commission shall be documented in Exhibit "C" - Conditions of Approval MR Xc: Central File IICHIMAINISHRDA TAIPlanninglSHAREDIWPIPROJECTSILawrence Oaks Homeowners Assoc,IStaff Report MPMD QQ.QQS.doc LOCATION MAP LAWRENCE OAKS EXHIBIT "A" 8 " C3 L- ~;:"'-:1r ~ 1-:-:1"'...." , I , I J-J ";".-A~ " .'~:- -I' :~=l= ; : I I :.-; I C -~. , ~"-"-'~---r;- ,_ 1_ -~'Ii, "'~T~.,- ....~,~,~ '-', .~ '\- " . - ,~-- "1. I.....' '" r= r " ,. -, UJ-- /'/ I ~ - ----l L i <:, ~ c:::. ' " i :( I' ~"r IT! I I i I \~ , " I. I.,. , ( " ~ 1- '- '--- ~ AG , , I ___ --- 1= >-- . -. t- -.--:: .;>'; --- ---, I .. rrr . : I j . 1Ir-' 1/ ' I :,1 ~ ~...J -in (, I ~~ r ! , .-=- ! I - t I........':.. I!'.. , I L--_ , / -,. '1 . J ~ __ . : I~r-- --- ,.. [7 -" AG I~=,', ' I: 1.1 /~-', f. --""'1"" ,'I, i LL~:,- ":. N'S .'i .-.l1;T.'~U'S;GI.o-E " =rp'C ' )~ ~~'" .- : --,J. -:'--<:v, ~D'-.' \~, ~( ~ -,........,. ,^ Y(( ,'" __ ,1"'._ ==t=' 'U'A > ~,' ~ \. -=J ' r-- >--: ~ '. '. J),\"~_'i"~' i.._ - - '--', ~ "."" ""',. . -:-;;, ..... - ----.J:,,!/,O, .... _~~ ~ , ,'_ -~-- ,...~.'--~, t"- ~ . -:-:-::l,;--- " 'f'.'~ _~__ : '1--' L \., "....;. ,. . ", -- ;---~- . =-"~-. ", I ' - "1 ~ ~JJ (:;1 W::::I\.I L..l II rlTel Ie:: U", Exhibit C Conditions of AWfoval PrOject name: Lawrence Oaks Pool Setback File number: MPMD 00-005 Reference: 2nd ReVIew Plans Master Plan ModIficatIOn With a June 25. 2000. PlanumlZ and ZomnlZ Department d k ate stamn mar mlZ. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments. NONE X BUILDING DIVISION Comments. NONE X PARKS AND RECREATION Comments' NONE X FORESTERlENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1 NONE. X ADDITIONAL CITY COMMISSION CONDITIONS ~. .... - ... Project name: Lawrence Oaks !;Iomeowners File number- MPMD 00-005 P 2 age DEP ARTMENTS INCLUDE REJECT 2. To be determmed. MWRIdlffi J:ISHROATAIPlanningISHAREOIWPlPROJECTSILawrance Oaks Homeowners Assocl1 ST REVIEW COMMENTS Lawrence Oaks MPMO.doc Requested City Commission Meeting Dates 0 July 18,2000 0 August I, 2000 0 August 15,2000 [gJ September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5'00 p.m.) o September 19,2000 o October 4, 2000 o October 17,2000 o November 8, 2000 September 7, 2000 (5'00 p,m,) July 19,2000 (5'00 p.m.) September 20,2000 (5'00 p.m.) August 2,2000 (5'00 p,m,) October 5, 2000 (5'00 p.m.) August 16,2000 (5'00 p,m,) October 18, 2000 (5'00 p,m.) o Administrative [gJ Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfmished Business o Presentation RECOMMENDATION: Please place this request on the September 6, 2000 City Commission agenda under Consent, Ratification of the Planning and Development Board action, The Planning and Development Board with a unanimous vote recommended that the subject review be postponed to the September 12th Planning and Development Board meeting, due to the absence of a representative for the application, For further details pertaining to this request see attached Department of Development Memorandum No PZ 00-240 EXPLANATION: PROJECT NAME, AGENT OWNER. LOCA nON DESCRIPTION LAWRENCE OAKS PUD (DESTEFANO) SCREEN AND POOL SETBACKS Peter DeStefano, President of Lawrence Oaks Homeowners Association, Inc Lawrence Oaks Home Owners Association 2440 Woolbright Road Request for master plan modification to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and pool setbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD PROGRAM IMPACT: NM FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature Director of Development ~1/;' ~ Director of Plannin and Zoning City Attorney / Finance / Human Resources J\SHRDATAIPLANNINGISHAREDlWPIPROJECTSILA WRANCE OAKS HOMEOWNERS ASSOClCC 9-5.00 ITEM REQUEST DOT DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-240 ROM Chairman and Members Planning and Development Board /'/} ,-_c.- Michael W Rumpf Director of Planning & Zoning TO DATE. August 14, 2000 SUBJECT Lawrence Oaks PUD - File No MPMD 00-005 Master Plan Modification (Reduce setbacks for screen enclosures and pools where located adjacent to buffer, lake front, and preserve areas) NATURE OF REQUEST Peter DeStefano, President of Lawrence Oaks Homeowners Association, Inc" is the agent requesting to modify the master plan for the Lawrence Oaks Planned Unit Development (PUD) This residential development is located on the west side of Lawrence Road, immediately north of the L.W D D L-20 Canal (see Exhibit "A" - Location Map). The requested modifications are shown on the amended master plan (see Exhibit "B" - Proposed Amended Master Plan) The specific request includes the reduction of screen enclosure and pool setbacks for all lots fronting lake, buffer and preserve areas This request includes lots 1 through 27, 50 through 82, and 85 through 124 It is requested that the screen enclosure setback be reduced from two (2) feet to zero (0) feet, and that the pool setback be reduced from five (5) feet to one (1) foot. BACKGROUND Approvals for the subject PUD were granted by Palm Beach County in 1993, and construction commenced shortly thereafter. The project was then annexed into Boynton Beach in June of 1995 The project was signed (by Land Design South Inc.) to conform to the PUD regulations in Palm Beach County No amendments have been processed for this project subsequent to annexation Chapter 2.5, Planned Unit Developments, of the City's land development regulations states that changes in planned unit developments shall be processed as follows Section 12 Changes in plans "Master plans approved as part of the process of rezoning to PUD may be considered for modification upon application to the director of planning and zoning, submission of acceptable documentation, and payment of the master plan modification fee The modification will be first reviewed by the planning and zoning department to determine whether the modification is consistent with not only all current regulations but also the intent and purpose of the comprehensive plan, and to determine whether the change is substantial Upon completion of the administrative review, findings will be forwarded to the planning and development board which review all submitted documents as well as staff comments with all the authority, functions, powers and duties vested in it by Chapter 1 5, Article I, Section 4 of the Land Development Regulations The Planning and Development Board shall recommend to the City Commission that they approve the modification unconditionally, approve the modification with conditions and/or recommendations, or deny the modification. The board shall also recommend to the City Commission that the modification be considered either major or minor Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 2 Upon completion of the planning and development board review, findings will be forwarded to the City Commission The City Commission will first determine whether the modification is major or minor If the Commission finds the modification to be major, the request will be returned to the applicant for processing as a new zoning application The determination of what constitutes a substantial change shall be within the sole discretion of the City Commission If the Commission determines that the modification is minor, it will review all submitted documents as well as staff comments and planning and development board recommendations The City Commission may then approve the minor modification unconditionally, approve the minor modification with conditions, or deny the minor modification" The only characteristics of the master plan affected by this proposed amendment includes the addition of plan data including amended setback tables assigning approved setback distances These changes are described below Currently Approved Setbacks' Setbacks for Swimminq Pools Lot local 0 Lot Line ODD, Side Rear Interior 3 5 5 Corner 3 5 5 Lakefront 3 5 5 Buffer Zone 3 5 5 Rec. Area I Preserve 3 5 5 (Setback shall be measured to the water's edge) Setbacks for Screen Enclosures Lot local Interior Corner Lakefront Buffer Zone Rec. Area I Preserve o Lot Line o o o o o ODD, Side 2 2 2 2 2 Requested Setbacks. Setbacks for Swimminq Pools Lot local 0 Lot Line ODD, Side Interior 3 5 Corner 3 5 Lakefront 3 5 Buffer Zone 3 5 Rec. Area I Preserve 3 5 (Setback shall be measured to the water's edge) Setbacks for Screen Enclosures Lot local Interior Corner Lakefront Buffer Zone Rec, Area I Preserve o Lot Line o o o o o ODD, Side 2 2 2 2 2 Rear 2 2 2 2 2 Rear 5 5 1 1 1 Rear 2 2 o o o Chanqe o o -4 -4 -4 Chanqe o o -2 -2 -2 Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 3 ANAL YSIS ~.aff has reviewed this request for consistency with the PUD development standards, and the intent and . ..rpose of planned unit developments as stated in the following sections of Chapter 2 5 of the City's land development regulations "Section 1 Intent and purpose A Planned Unit Development Distnct (PUD) is established It IS intended that this district be utilized to promote efficient and economical land use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the City, and the protection of adjacent and eXisting and future City development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the City Regulations for Planned Unit Developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable City regulations to the same degree that they are intended to control development on a lot-by-Iot basis In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this form where tracts are suitable in size, location and character for the uses and structures proposed are to be planned and developed as unified and coordinated units Section 9 Internal PUD standards B INTERNAL LOTS AND FRONTAGE Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required, provided, however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone" Since the master plan was approved under County standards, staff can only make certain assumptions relative to PUD design The City's regulations to do not require perimeter buffers per se, however, buffers are used to provide both a physical separation and buffer from adjacent properties, as well as to help fulfil the second requirement of Section 9.B above This requirement is for perimeter setbacks to be similar to the setbacks for those properties opposite the PUD The subject lots abut the following buffer types Lots 1 through 27, a 50-foot or 25-foot buffer; Lots 50 through 82, a 20-foot lake management easement, and a 10- foot buffer in combination with a 20 foot utility easement and the 35-foot L.W D D L-20 Canal, Lots 85 through 101, a 10-foot buffer in combination with a 20 foot utility easement and the 35-foot L. W D D L-20 Canal, Lots 102 through 118, a 20-foot buffer; and Lots 119 through 124, the community's private preserve One justification of the applicant is that the minor setback reduction would not reduce the required perimeter buffer areas Adjacent properties that abut a portion of the subject lots include the Knollwood Groves citrus and retail business (to the south opposite Canal L-20 and Lots 62-101), The Colony PUD located within the County (Lots 111 through 118), and a mobile home park and commercial nursery also located in the County (Lots 101 through 110) It should be noted that current setbacks for the Lawrence Oaks PUD are the same whether the lot abuts a preserve or perimeter buffer, or abuts another internal lot. . a part of the justification for this request, the applicant has stated that the rear setback leaves Insufficient ",pace for the construction of a minimal-sized pool and screen enclosure The subject PUD is similar to many Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 4 master plans approved within the City In that lots are narrow, typical lots average between 5,000 square feet and 6500 square feet, and the homes occupy a high percentage of the total area of the lot. This scenario also typically leaves little space for a pool and screen enclosure Except for the fact that the PUD master plan ,c1udes setbacks for pools and screen enclosures, it is not certain to what extent pools and screen enclosures where to fit on the subject lots The following is a summary of the issues considered In this report, followed by corresponding analYSIS 1) The degree to which changes have occurred to adjacent unincorporated properties from which the original perimeter buffers may have been determined, (The property abutting Lots 111 through 118 has mtenslfied with the development of another typical, zero lot line PUO including 2-foot screen enclosure setbacks and 5-foot pool setbacks This adjacent project has a 1 O-foot perimeter buffer where It abuts the subject PUO, which provides a combined buffer Width of 30 feet that separates two generally identical neighborhoods.) 2) The level of consistency maintained between the subject setbacks/separations and adjoining properties, (See response to Item # 1 above) 3) Did the original developer intend on properly accommodating adequately-sized screen enclosures and pools, which mayor may not be realized by property owners prior to acquisition, (It cannot be verified, however, from the expenence gained from processing numerous PUOs within the city, lot sizes have gotten smaller and living area has been maintained or increased Furthermore, perimeter buffers have been used to exaggerate lot sizes or openness of the PUO, but such areas cannot contribute to total buildable area) 4) The potential precedence to be set by approving the subject modification which could justify subsequent requests for other master plans, (Given the magnitude of inquiries the city receives regarding pool and screen setbacks within PUOs, it is possible for this request, If approved, to generate or justify other similar requests, However, the ultimate impact would be minimal magnitude and characteristics of the subject setback reductions (a total reduction of 4 feet and 2 feet) 5) The physical or visual impact created by the approval of the request and addition of pools and screen enclosures, (Given the magnitude of the reductions, and the continued existence of the perimeter buffer, natural areas, and adjacent canal, visual impacts from future screen enclosures allowed if the subject request were approved would be immeasurable to minimal assuming that the original intent was to accommodate pools and screen enclosures, The modifications requested result in no increase in impacts above those currently vested by the approved master plan) 6) This request being generally similar to a request for a variance warrants the application of the "minimum request" rule, which requires staff to evaluate whether the request represents the minimum necessary change in order to attain the reasonable use of land, and (Although some very shallow screen enclosures have been constructed on tYPical lots, most are void of pools due to the fact that only a very narrow pool would be allowed by current setbacks Although the proposed setback reductions are minimal, they would allow for the addition of small enclosed lap pools at approximately 5 feet to 7 feet wide (the applicant has explamed that even a pool this narrow is needed for health/therapeutic reasons) Memorandum No PZ 00-240 Lawrence Oaks, MPMD 00-005 (Setback Reduction) Page 5 7) A comparison with other PUDs approved within Boynton Beach (Typical pool and screen setbacks (rear) within PUOs approved in the City range between 3 feet and 8 feet; however, a few PUOs wIthm the cIty also have setbacks as low as zero feet for lots that similarly abut open areas or buffers) 8) Impact on vegetation to be preserved within the penmeter buffers (It should be noted that, although these setback reductions only relate to approximately one-half of the units within the development, some of these lots front sensitive preserve areas and requzred buffer strips Reducing setbacks to zero (0) feet increases the possibility of negative impacts during construction. Special attentzon will be required during the zmpection process to ensure that structural encroachments into sensztive areas do not occur or are rectified with equivalent vegetation.) RECOMMENDA TION This PUD was formally located in unincorporated Palm Beach County and was developed according to county land development regulations The PUD master plan did make provisions for pools to be located on Individual lots The applicant's request to further modify these provisions is reasonable given that the lots in question abut sufficient open area to maintain compatibility with, and provide adequate separation between the adjacent land uses No encroachment into the natural areas is proposed, nor will the reduced setback allowance negatively affect other property owners in the development. Lastly, the proposed changes would not jeopardize, or further degrade, the basic intent and purpose of a PUD that is to include a creative design, Improved living environment, orderly and economical development in the City, and the protection of adjacent and existing and future developments The addition of at least the minimum sized pools and screen enclosures would contribute to the quality of life (particular to those with related therapeutic needs) and the economic value of property without sacrificing adjacent property values It should be noted that the :ommendation of staff in support of this request should not be construed as a favorable opinion toward the ,-,verall design of the subject PUD Instead, this review focused on the specific proposed modifications and relative impacts Therefore, staff recommends that the proposed amendment to the Lawrence Oaks Master Development Plan be considered non-substantial, and be approved by the City No conditions of approval are recommended, however, any conditions recommended by the Board or required by the City Commission shall be documented in Exhibit "C" - Conditions of Approval. 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"-':i o.i 'j '. .~I \; a:l r- OJ - I X UJ Exhibit C Conditions of Approval PrOject name' Lawrence Oaks Pool Setback File number' MPMD 00-005 Reference. 2nd Review Plans Master Plan ModificatIOn with a June 25. 2000. Plannmg and Zoning Department date stamp marking, DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERlNG DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENT ALIST Comments. NONE PLANNING AND ZONING Comments NONE ADDfTIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Project name' Lawrence Oaks Homeowners File number" MPMD 00-005 Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS MWRlblw J:ISHROATAIPlannlngISHAREOIWPIPROJECTSILawrance Oaks Homeowners AssocllST REVIEW COMMENTS Lawrence Oaks MPMO,doc