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AGENDA DOCUMENTS 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 [gJ December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21,2006 February 6,2006 (Noon) D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF [gJ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the December 6,2005 City Commission Agenda under Consent Agenda. The Planning and Development Board recommended that the subject request be approved on November 22,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05- 197. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Nautica (MPMD 05-012) Troy Cool and Robert Williams Nautica PUD Homeowners Association West side of Lawrence Road, north of the L WDD L-21 Canal Request for Master Plan Modification of the Nautica P.U.D. to allow swimming pools on "Z" lot line parcels. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A City Manager's Signature u~ Planning and 0 mg Drrector CIty Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\NAUTICA\MPMD 05-012\Agenda Item Request Nautica MPMD 05-012 12-6-05.dot S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-197 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 <Sf/' Planner (f DATE: October 12, 2005 PROJECT NAME/NO: Nautica PUD / MPMD 05-012 REQUEST: Master Plan modification of the Nautica P.U.D. to allow swimming pools on "Z" Lot Line parcels. PROJECT DESCRIPTION Property Owners: Nautica PUD Homeowners Association Location: West side of Lawrence road, just north of the LWDD L-21 Canal (see Exhbiit "A" - Location Map) Existing Land Use/Zoning: Low Density Residential (LDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: Swimming pools ('Z" lot line parcels) Acreage: 83.85 acres Adjacent Uses: North: Single-family residential (Knollwood PUD) classified Low Density Residential (LDR) and zoned PUD; South: Right-of-way of LWDD L-21 Canal, then farther southeast is developed duplex residential (Sausalito Place) classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); and southwest is a developed mobile home park (Royal Manor Mobile Home Estates) classified Low Density Residential (LDR) and zoned Single-family Residenial (R-1); East: Right-of-way for Lawrence Road, then farther east is developed single-family residential (Boynton Estates) classified Low Density Residential (LDR) and zoned PUD; and West: Northwest is single-family residential (Knollwood PUD) classified Low Density Staff Report Memorandum No PZ-05-197 Page 2 Residential (LDR) and zoned PUD; west is partially developed single-family residential (Sunup Grove) in unincorporated Palm Beach County, classified Low Residential (LR-3) and zoned Agricultural Residential (AR); west is a single-family home in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential Transitional (RT); southwest is a single-family home in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Agricultural Residential (AR). BACKGROUND The subject development is located on the northwest corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal (see Exhibit "A" - location map). Previoulsy an orange grove, the 83.85-acre development was annexed into the city and rezoned to (PUD) Planned Unit Development on September 5, 1990. In May of 1995, the Nautica PUD was approved for a site plan showing new entry signage along Lawrence Road. Now, Troy Cool and Robert Williams, agents for Jack Lynch, President of the Association and representing the property owners within Nautica PUD, are requesting to modify the master plan. This modification would allow swimming pools within the rear yard of selected "Z" Lot Line type parcels. Swimming pools are only allowed on Zero Lot Line parcels; not on "Z" Lot Line parcels. The master plan currently allows jacuzzis and whirlpools only on "Z" Lot Line parcels. The tabular data indicates the minimum setback for swimming pools (for Zero Lot Line parcels) and jacuzzi / whirlpools (for "Z" Lot Line parces). The current setbacks are as follows: Rear yard for double frontage lots: Rear yard for lake and preserve lots: Rear yard for parcels along 5-foot wide perimeter buffer: Rear yard for parcels along 25-foot wide perimeter buffer: Side from zero lot line to side of house: Side from waters edge to non zero lot line: Side corner from waters edge to property line: 10 feet seven (7) feet eight (8) feet 25 feet zero (0) 12 feet 17 feet 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. Initially, it was the applicants' intent to modify the Nautica PUD master plan to allow swimming pools specifically on their lots. However, after a review of the entire subdivision, they believe that there are a number of lots that are configured appropriately and large enough to accommodate a swimming pool in the rear yard. Also, the PUD contains several cul-de-sacs and some street curvature which creates a variety of pie-shaped lots. Initially, staff explained to the applicants that any request to allow a swimming pool within the rear of a "Z" Lot Line parcel, would require a modification to the Master Plan. Staff further explained to the applicants that such a request should not be processed for a single lot, and would not be justified if no other lots share common characteristics that support the modification. Combining all similar lots into a single application would then eliminate future redundancy in subsequent requests. In heeding staff's recommendations, the applicants selected the following "Z" Lot Line parcels to be considered within the Staff Report Memorandum No PZ-OS-197 Page 3 scope of this application, which are larger in area and depth than the typicallZ" Lot Line: 1, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 34, 35, 36, 64, 65, 66, 67, 68, 69, 70, 71, 72, 80, 89, 116, 122, 266, 296, 297, 298, 299, 306, 307, 308, 309, 310, 327, 328, 329, 330, 331, 337, 338, 343, 344, 359, 360, and 364. This request was reviewed for consistency with the PUD development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject request by focusing on the subject PUD and comparing it with similar planned residential developments that exist throughout the city. Many of the planned residential developments have side yard setback requirements (for swimming pools) that range between eight (8) and 12 feet. A review of the setback regulations in three (3) nearby developments, Lawrence Grove, Heather Lake (within the Meadows), and Fosters Mill, reveals that side and rear yard setbacks for swimming pools range between eight (8) feet and 10 feet. Outside of planned residential developments, the Land Development Regulations establish the minimum rear setbacks for both swimming pools and screened-roof enclosures at eight (8) feet. It should be noted that depending upon the model home selected for the perimeter lots within the Nautica PUD, the depth remaining for a swimming pool would range between six (6) feet and over 20 feet. It is estimated that over one-half of the subject lots had adequate space for a swimming pool or screen enclosure. However, the aforementioned amenities would be minimal in size (estimated between 200 and 800 square feet), and / or irregularly shaped (e.g. long and narrow). A small number of irregularly-shaped lots would have had ample space for both an average-sized pool and screen enclosure. To avoid potential redundancy in subsequent requests, it is logical to review a single application that impacts multiple lots. Staff analyzed aerial photographs of the "Z" Lot Line parcels that were selected by Troy Cool and Robert Williams. From reviewing the lots selected by the applicants, staff determined that the following parcels are likely unable to accommodate swimming pools or screen enclosures in the rear yard: 11, 80, 98, 106, 116, 327, 343, 344, and 364. However, from the aerial photographs and master plan, it appears as though several other lots would be large enough to accommodate the swimming pools and screen enclosures. As such, rather than evaluating the "Z" Lot Line parcels individually, it is staff's recommendation to simply modify the master plan tabular data to also allow swimming pools on all "Z" Lots Line parcels within the PUD using the same setbacks as prescribed by the master plan for the Zero Lot Line parcels (as noted in the Background section of this staff report). Rather than identifying each lot, this change would help to streamline the application during the time of permitting. Therefore, staff recommends allowing swimming pools within the rear and sides yards on both Zero Lot Line parcels and "Z" Lot Line parcels. In all cases, the location of the swimming pools would have to comply with the established setbacks already indicated in the setback chart of the master plan tabular data. Simply put, if a lot is too small, a swimming pool will not fit, and therefore, it would not be allowed. This determination can be best accomplished on a case-by-case basis as part of the permitting process. 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 "z" Lot Line parcels resemble many other lots within the development. Accordingly, all "z" Lot line parcels need to be considered within the scope of this master plan modification. Therefore, staff recommends allowing the edge of a swimming pool to be setback on "z" Lot Line units, the same as for the Zero Lot Line units. This recommendation is subject to the conditions listed in Exhibit "c" Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "c" - Conditions of Approval. 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"'0 W "';z: -C> :>:- t- '" WUJ """" \cicci 7~ "''''' "'-In , , 0.., "'''' :z: z "ai ...~ .., EXHIBIT "e" Conditions of Approval Project name: Nautica PUD File number: MPMD 05-012 Reference: Master Plan Modification identified with an August 8, 2005 Planning & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I 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: None X BUILDING DIVISION Comments: 1. Prior to construction of the pool, applicable permit shall be obtained and the X construction shall comply with 2001 Florida Building Code, chapter 424. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I Comments: 2. At the time of permitting, the master plan tabular data shall be changed to X indicate that swimming pools are permitted on both Zero Lot Line and "Z" Lot Line parcels. 3. Swimming pools proposed on "Z" Lot Line parcels shall adhere to the same X rear and side setbacks currently allowed on Zero Lot Line parcels. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S :IPlanningISHARED\ WPIPROJECTSINAUTICA IMPMD 05-0 I 21COA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 They spoke at the meetings citing illegal activities taking place near the Marouf property that had nothing to do with what was being discussed tonight. Chairman Wische closed the public hearing. Mr. Saberson favored staff's request for another acoustical study before this Board considered the application. He felt that noise was the biggest consideration for the project. Chairman Wische pointed out the project had been tossed around. No matter what the applicant agreed to, staff found another issue to deal with and the project kept getting postponed. Chairman Wische noted several carwashes have been built in the City and he was not aware of any carwash being required to obtain a certified acoustical study. He was surprised that staff again wanted to postpone the item in order to obtain another acoustical study. If staff wanted another study done, they could do so prior to the Commission meeting in December. He was not in favor of delaying the project any further because it was not fair to the applicant. Motion Mr. Casaine moved that the request for Conditional Use and Site Plan approval for a 4,595 square foot automated carwash facility and related site improvements on a 0.88- acre site zoned M-1, Industrial be approved with all staff conditions, with the exception that the buffer be the buffer indicated by the applicant. Ms. Jaskiewicz inquired if Mr. Casaine intended to eliminate the wall recommended by staff. Mr. Casaine said this was correct. Ms. Johnson seconded the motion. Vote The Recording Secretary called the roll. The motion carried 4-3 (Ms. Jaskiewicz, Mr. Saberson and Mr. Baldwin dissenting). Recess was declared at 8:28 p.m. The meeting reconvened at 8:40 p.m. Attorney T olces reported that Mr. Saberson left the meeting and it would be in order to ask the new alternate to assume his place. Ms. Grcevic replaced Mr. Saberson at the dais. c. Nautica Master Plan Modification. 1. Project: Agent: Nautica (MPMD05-012) Troy Cool and Robert Williams 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Owner: Location: Nautica PUD Homeowners Association West side of Lawrence Road, north of the LWDD L-21 Canal Description: Request for Master Plan Modification of the Nautica P.U.D. to allow swimming pools on "Z" lot line parcels. Troy Cool, 8068 Stirrup Cay Court, assumed the podium. Chairman Wische noted there were three staff comments and asked the applicant if he agreed with the comments. Mr. Cool said he was not familiar with them. Eric Johnson, Planner for the City, read the comments into the record. Mr. Johnson explained the comments were standard comments. Mr. Cool agreed with staff's comments. Ms. Jaskiewicz asked if this would apply to all lots in the community and Mr. Johnson responded that it would. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Ms. Jaskiewicz moved to approve the request for Master Plan Modification of the Nautica P.U.D. to allow swimming pools on "Z" lot line parcels, subject to all staff comments. Motion seconded by Mr. Casaine and unanimously carried. C. Forum Professional Center Maior Site Plan Modification 1. Project: Agent: Owner: Forum Professional Center (MSPM 05-012) Kenneth Carlson Forum Professional Center, LLC. Description: Request for Major Site Plan Modification to the Forum Shoppes to add a 20,000 square foot professional office building and related site improvements on a 1.80-acre portion of a 6.55- acre shopping center, zoned C-3, Community Commercial. Ken Carlson, 1002 East Newport Center Drive, Deerfield Beach, Florida agreed with all staff comments. Ed Breese, Principal Planner, complimented the applicant and owner on doing a very good job with their project. 19 FACSIMILE C1TY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: Troy Cool FAX: Phone: 754-224-1995 (cell) FROM: Patricia Tucker DATE: 12/2/05 NUMBER OF PAGES: (including cover) RE: Nautica - MPMD 05-012 You are on the City Commission agenda on Tuesday, December 6,2005, which will meet in the City Commission Chambers. Staff Reports (including the Conditions of Approval) are available in PDF format online at www.bovnton-beach.orq under News/Publications, subheading Development Boards. Refer to the P&D meeting prior to this Commission meeting. Attachment: Meeting Agenda /2 J.{ /~V (' ( l . 4/ '('.!; ~ all /;,,.( _ (/y~ 7 ~ 7 If you recei e this fax in error, or experience trouble with transm" sion, please notify our office immediately, at (561) 742-6260. Thank you.