AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 5,2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16,2005 (Noon)
~ April 19,2005 Apri14,2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended that staff's recommendations regarding the subject request be
approved on March 22,2005. For further details pertaining to the request, see attached Department of Development
Memorandum No. PZ 05-030.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Citrus Park (MPMD 05-004)
John Frollo
John and Sharon Frollo
142 Citrus Park Circle
Request for Master Plan Modification to reduce the minimum side setback for swimming
pools from eight (8) feet to three (3) feet for Lot #75.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
City Manager's Signature
~ · ilM/L
./ Planning and Zoning ector
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 05-004 Pool\Agenda Item Request Citrus Park MPMD 05-004 4-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-030
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
THRU:
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner -0
DATE:
March 15, 2005
PROJECT NAME/NO:
REQUEST:
Citrus Park MPMD 05-004
Master Plan modification to the Citrus Glen P.U.D. to reduce the side yard
setback for construction of a pool from fifteen (15) feet to three (3) for Lot
75.
PROJECT DESCRIPTION
Property Owners: John and Sharon Frullo
Location: Citrus Park (P.U.D.)
Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD)
Proposed Land Use/Zoning: No changes proposed
Proposed Use: Pool Installation / Setback Amendment
Acreage: 28.82 Acres (entire PUD Master Plan)
Adjacent Uses:
North:
Right-of-way for Citrus Park Circle, and farther north is single-family detached zero
lot line home (Lot 80 of Citrus Park), classified Low Density Residential (LDR) and
zoned PUD;
South:
Greenwood Village, classified unincorporated Palm Beach County Commercial, with
an underlying HR-8 and zoned Singe-family Residential (RS);
East:
Single-family detached zero lot line home (Lot 74 of Citrus Park), classified LDR and
zoned PUD;
West:
Single-family detached zero lot line home (Lot 76 of Citrus Park), classified LDR and
zoned PUD.
Staff Report
Memorandum No PZ-05-030
Page 2
BACKGROUND
John and Sharon Frullo, residents of Citrus Park P.U.D., are requesting that the Master Plan for Citrus Park
P.U.D. be modified to reduce the minimum side yard setback for swimming pools as described within the
attached letter of request. The request is to reduce the setback of the waters edge of the pool to three
(3) feet from the side property line for Lot 75.
The subject plat is a single-family detached zero lot line residential development, comprised of 113 lots on
28.34 acres. The P.U.D. is located on the east side of Lawrence Road, south of Miner Road (see Exhibit
"A" - Location Map). All 113 lots are developed.
The survey of Lot 75 (see Exhibit "B") indicates that the subject lot is dimensioned 55.1 feet in width by
100.1 feet in depth, and is just over 5/000 square feet in area. It should be noted that the P.U.D. contains
a handful of lots that are larger than the subject lot. However, their dimensions are not indicated on the
master plan. In any case, all lots front on an internal road network providing ingress and egress to Citrus
Park Boulevard, which connects to Lawrence Road. The master plan tabular data indicates the required
building setbacks are as follows: 20 feet front yard / 15 feet and zero (0) side yard, 20 feet side corner,
and 15 feet rear yard. The minimum setback for screened-roof enclosures are as follows: 20 feet front
yard, 15 feet and zero (0) side yard, 20 feet side corner, and eight (8) feet rear yard.
Chapter 2.5/ Planned Unit Development, of the City Land Development Regulations states that changes
in planned unit developments shall be processed through the Planning and Development Board and the
City Commission.
ANALYSIS
The purpose and intent of setbacks is to create separation between units, principally for safety and
maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be setback
a certain distance from the property lines. The master plan shows the minimum setback requirements for
screened-enclosures. However, no pools were planned for the Citrus Park P.U.D. when the master plan
was originally reviewed, approved, and platted. Therefore, neither the master plan nor the plat indicates
minimum yard setbacks for pools. Several pool permits have been issued since master plan approval,
utilizing the general pool setbacks within the Land Development Regulations. These regulations (Chapter
2/ Section l1.E.) require pools to be setback a minimum of eight (8) feet from any properyt line. Due to
certain lot configurations and home models, some lots lots in Citrus Park are able to conform to the city's
general pool regulations.
Initially, it was the applicants' intent to modify the Citrus Park master plan for the changes specifically
proposed on Lot 75. However, during the master plan review process, it was learned that there are a
handful of lots within the PUD that are similar to the subject parcel in terms of lot size, configuration, and
unit syle. These 32 other lots are identified on the master plan. It was thought that in the future, these
32 other homeowners may want to have the same amenities available to them as that of the subject
property owner. Therefore, to avoid potential redundancy in subsequent requests, it is logical to review a
single applicaton which impacts multiple lots. As a result, staff is recommending this modification be such
that, contingent upon HOA approval, it would allow swimming pools into the side / rear yards for the
following lots: 23/ 26/ 27/ 36/ 37/ 38/ 40/ 43/ 47/ 48/ 49/ 53/ 54, 55/ 68/ 70/ 71/ 74/ 75/ 79/ 91/ 92/ 96/
100/ 101/ 104/ 105/ 106/ 107/ 108/ 109/ 112/ and 113.
The survey of Lot 75 shows that a three (3)-foot wide wall maintenance easement runs parallel to the side
Staff Report
Memorandum No PZ-OS-030
Page 3
(east) property line while a 10-foot wide utility easement runs parallel to the rear (south) property line.
The applicant prepared a sketch (see Exhibit "C") that shows the configuration of the proposed pool and
how it fits between the property lines and the existing house. The sketch shows that the pool is proposed
three (3) feet from the side property line and 10 feet from the rear property line, which would not conflict
with the aforementioned easements.
This request was reviewed for consistency with the P.U.D. development standards in the Land
Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject
request, mainly, by focusing on the subject P.U.D. and comparing it with similar planned residential
developments that exist throughout the city. Many of the planned residential developments have pool
setback requirements that range between seven (7) and eight (8) feet for the rear yard and eight (8) to
twelve (12) feet for the side yard. The subject request, which applies only to Lot #75, has been approved
by the development's Homeowners Association (HOA) (see Exhibit "D").
It should be noted that screened-roof enclosures are a common amenity within side and / or rear yards for
planned residential developments, in particular, when swimming pools are present. Therefore, in
anticipation of future homeowners desiring screened-roof enclosures in their yards, staff recommends
modifying the P.U.D.'s minimum setbacks (for screened-roof enclosures) to allow for them to be
constructed over the swimming pools. Although there is no specific code regarding a distance between
screened-roof enclosures and the edge of swimming pools, staff recommends requiring at least one (1)
foot between both. For the 33 lots, this would translate to a swimming pool setback of four (4) feet from
the side property line and 11 feet from the rear property line (see Exhibit "E" - Conditions of Approval). In
addition, the side setback for the screened-roof enclosure would be reduced from 15 feet to three (3) feet
(for all lots within the P.U.D.). Essentially, this setback would allow for a one (1) foot separation between
the edge of the pool and the base of the screened-roof enclosure. No change to the rear setback would
be needed because neither swimming pools nor structures may be constructed within the rear utility
easements. However, if a property owner wants to avail themselves the opportunity to construct a
screened-roof enclosure, then that property owner would need HOA approval to do so. The letter of HOA
consent would be required at the time of permitting.
RECOMMENDATION
It is staff's opinion that this request would neither be injurious to the area nor detrimental to the public
welfare. As previoulsy mentioned, the subject parcel, in terms of its configuration and house (unit) style,
resembles 32 other lots within the development. Accordingly, these 32 lots need to be considered within
the scope of this master plan modification. Therefore, on all of the aforementioned lots, staff recommends
allowing the edge of a swimming pool to be setback four (4) feet from the side property line and 11 feet
from the rear property line. Also, with regards to all lots, staff recommends reducing the side setback for
screened-roof screened enclosure from 15 feet to three (3) feet. However, consent from the HOA would
be required for the change in side setbacks for the screened-roof enclosure. Regardless, these
recommendations would be subject to the conditions listed in Exhibit "G" Conditions of Approval.
Additional comments recommended by the Board or Commission would also be included in Exhibit "G" -
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 05-004 Pool\Staff Report.doc
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EXHIBIT "e"
JAN-27-2005 09:38 FROM:GERDAU AMERISTEEL 954 927 3424
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EXHIBIT "0"
BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC.
C/O Associated Property Management
1928 Lake Worth Road, Lake Worth, FL 33461
John Frullo
142 Citrus Park Circle
Boynton Beach, FL 33436
November 9, 2004
RE: Pool Construction
Dear Mr. Frullo,
We the Association of Boynton Estates have no objection for you to put in a swimming
pool on your property. This permission is given within the boundaries of City of Boynton
Beach Building Codes and Ordinances. The homeowner (John Frullo) to meet the
requirements of the City of Boynton Beach and Boynton Estates Homeowners
Association, Inc shall incur any cost involved.
If you have any questions please contact me at Associated Property Management (588-
7210 ext. 20).
Sincerely yours,
~l.CAM.
For the E.E.O.B.B.Board of Directors
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EXHIBIT "E"
Conditions of Approval
Project name: Citrus Park
File number: MPMD 05-004
Reference: 2nd review plans identified as a Master Plan Modification with a January 27,2005 Planning & Zoning
d k'
tate stamp mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. In accordance with the approved master plan, General Note 3.B - "No X
structures, trees, or shrubs shall be placed on drainage easements and utility
eastments for water and sewer". Those lots with drainage easements will not
be permitted to construct pools within the drainage easement.
2. Paving, Drainage, and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
3. The pool shall comply with 2001 Florida Building Code for Residential X
Swimming Pool Requirements, Section 424,2,17 through 424,2,17,1.15,
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. Staff recommends allowing swimming pools on lots 23, 26, 27, 36, 37, 38, X
40, 43, 47, 48, 49, 53, 54, 55, 68, 70, 71, 74, 75, 79, 91, 92, 96, 100, 101,
104, 105, 106, 107, 108, 109, 112, and 113. The side setback shall be four
(4) feet from the side property line and 11 feet from the rear property line.
Add a note to the master plan.
5, Staff recommends reducing the side setback for screened-roof enclosures (for X
all lots) from 15 feet to three (3) feet. Modify the master plan tabular data.
6. A screened-roof enclosure proposed between 14 feet and three (3) feet from X
the side property line would require Home Owner Association approval. This
consent would be required prior to the issuance of a building permit.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
7. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
8. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 05-004 Pool\COA.doc
AFFIDA VIT
4;
RE: 142 Citrus Park Circle MPMD 05-004
IlWe, the undersigned do certify that to the best of my knowledge the
attached ownership list, 400' radius map are a complete and accurate
representation of the real estate property and property owners within at
least 400 feet of the above-referenced subject property. This reflects the
most current records on file in the Palm Beach County Property
Appraiser's Office.
The notification was postmarked
hearing.
10
days in advance of the public
Site signs were posted on the premises 10 days in advance of the public
hearing in accordance with City Ordinance 04-007. Attached are
photographs of the signs showing their placement on the property.
-{. -4~'
Notary Public, State of Florida
MAR - 4 2UOS