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Heatherlake at the Meadows DEVELOPMEN' )RDER OF THE CITY COMMISSI( . OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. L1cen.e Deputy City Clerk PROJECT NAME: Heatherlake at the Meadows APPLICANT'S AGENT: Alex Gonzalez / Heataherlake Home Owners Association APPLICANT'S ADDRESS: 58 Heather Cove Drive, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2008 TYPE OF RELIEF SOUGHT: Request for master plan modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear setback for pools for twelve (12) feet to six (6) feet, for lake front lots. LOCATION OF PROPERTY: Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant /HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby /' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: c4-~~- 06 J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc ~ ~ Heatherlake at the Meadows EXHIBIT A .;It,~. ' ,,'"'~'~ :~:'~- -'- 'l1. .~ i ,".'"~. c4:,,'_A..... l~ '~i';,'r\ ,~" ii~ ..:~.. '" ..,,- .'. .i;,~.:~'~r<,>, . t---. s i:~ '. i~t::,:,. '; - ;: ~ . ,~ ,.q;;:$,~.; ;<1: ..~ :~:.~...:.;..- -"'::". I . -- :..~,~--- .I~ ': . ,'':i .,~. .-......... .... .X.'-""ff..::":..B:."'e'.li.r.'..'......'''13'.. '. '.".' ;':." ',d ....'"C."'.. C'.' "'1 ... "..., ......: ':'.. ;.>",..., 'c, . ; , c.:' '-:,< ".-:....,f;.. -~. " . .~~. 1." .;.--..r- ^. . ;;~, ./ ./ '\ . . .~ ,.",: ~ ,a.. ...... <) ..0 ...- fv()-.... ...... .. . ..It . :.~;[~p~' ." ;;;,~ '- '.' 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'....~~ ~r--......../ ~:~y. o~ ~ \~R ~; ~ ~ "" ~ ~ ~ -.;: <7P'Ob' 7T.:t?? ,os o ::,; ~ 'h~ ~~ !<J ~~ ,~~ &l \.:J E}>., HBIT B ~? I~u I! ~ :~l~: !i ill: '? I ~ I ~~ I~ ~ I r' 11~~I~ ~ : ~'~ ~ ~ I I. L_.-}__-!i,r _J ~ ~ ~ . -- '", ( -- e ;~ ~ i lliO-~----l ~ '\~" : I i ~lil!~ ~f' Jdl! :.~ '\J I 11!~el.~E ~~f t;~ I, 1J ~ I .i ~ k I v ,S2 -L- Z I ~ =--~----- __ ' I I ,on 1 I ,-------l ~ : I' I I I I I I I I I I O&o'OCY 7~O? AYd', QF ~?/!T.:JO? .1~O;... I I~ I I "I" I I ~l ... L _ _ _ _ _ _ -.J ~I~ - .. ~'\ r---~-----.. ~ I ~ ~ I ....,!'l.. " ~ ~ : i r UJ~~~h I ?I, d " D..J ij~ i~~t~ ~ g~ ~ "'" I ..Jl~~ -" ~ ~~ ~ I I I " L-::-~r:.----.-:-.J-. I ~ ~ , ... ,-- -----1 I I I i I I I : I I '" \l. ~ " ~ ~ ~ ~ ~ ~ EXHIBIT C - -~~II~ BEACON PROPERTV___ /____ ____-~..--:-,//> MANAGEMENT, I NC.----___/, ,//// SUITE 18 . 500 N.E. SPANISH RIVER BLVD. ,..---- // / BOCA RATON, FL 33431 ~ ./' 561-750-0040. FAX 561-750-0071 LIGHTING THE WAY WITH PROFESSIONAL MANAGEMENT November 8, 2007 To: Boynton Beach Planning & Zoning Dept. From: Sue Daniels, Manager The 300 Property Owners Association, Inc. Re: Heatherlake at the Meadows variance Dear Boynton Beach Planning & Zoning Dept.; I am writing on behalf of The 300 Property Owners Association at The Meadows in regards to the variance requested by Alex Gonzalez of 58 Heather Cove Dr., Boynton Beach, FL, 33436 for the installation of his pool. It is understood by the 300 P. 0 .A. Board that the Planning & Zoning Dept. wishes to create a blanket variance for the lakeside only owners ofHeatherlake. The 300 Board will approve this as long as the wording on the plat note reads as,follows: "On lake front lots, pools may be constructed six (6) feet from the rear property line, and screen roof pool enclosures four (4) feet from the rear property line, provided easement release fonns from ALL utilites and approval from The 300 P.O.A. Architectural Control Committee are submitted with the permit application." Thank you for your cooperation in this matter. Please contact me if you have any questions regarding this request. Sincerely, Sue Daniels, Manager On Behalf of the Board, The 300 Property Owners Association, Inc. CC: Board File Lak~shore/Heatherlake c/o G.R.S. Management, 3900 Woodlake Blvd., Ste, 309, Lake Worth, FL 33461 ..i.)iCDZiE.d. J3ondE.d and !Jruu u:.d EXHIBIT "D" Conditions of Approval Project name: Heatherlake @ The Meadows File number: MPMD 08-001 Reference: 1 sl review plans identified as a Master Plan Modification with a November 9, 2007 Planning & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. At time of permit, owner/ applicant of a Lake Front lot shall submit utility X release forms from each utility entity, authorizing the construction of these improvements in the easement. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined, ~ S:\Planning\SHAREDlWP\PROJECTS\Meadow5 300\MPMD 08-001 Heatherlake\COA.doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 requirements of the City; the colors were modified, and the text was modified based on the City Commission and the Planning Staff comments 7, Old Business None. 8. New Business A. Heatherlake at the Meadows Master Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Heatherlake at the Meadows (MPMD 08-001) Alex Gonzalez / Heatherlake Home Owners Association N/A Meadows P. U .D; east side of Meadows Boulevard, west of Congress Avenue Request for master plan modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots. Ed Breese, Principal Planner, explained the Homeowners Association was looking to modify the master plan and wanted to reduce the minimum rear yard setbacks on the lakefront lots. There were 18 lakefront lots that would be impacted and the change would apply to those lots for pools and screened roof enclosures. The setbacks were reduced from 12 feet to 6 feet for pools and down to 4 feet for the screen enclosures. The Planned Unit Development consisted of 75 lots on 16 acres with the lots being 55' by 100' -110' feet in depth. There were four types of lots which were lakefront lots, canal lots, the Meadows Boulevard lots and then the interior lots. Mr. Breese explained the current setbacks coincided with the utility easements that were along the lakefront lots. The utilities were in the road or in the easements in the front of the lots. Accordingly, that was why they were asking for the reduction that would allow structures to encroach into the rear yard setbacks, Staff was recommending approval of the setbacks for these lots but with the condition that each applicant who comes forward to construct enclosures in the easement must obtain sign offs from Utilities. When the applicant submits for a permit, it must be indicated there are no issues with that. Mr. Breese explained this was consistent with other lots they have approved in the past. Citrus Park, Fosters Mill and Lawrence Oaks have similar or less rear yard setbacks to accommodate those types of improvements. 3 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 200S There were no comments from the applicant, the public or the board, Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension 1, PROJECT: AGENT: OWNER: LOCA nON: DESCRIPTION: The Learning Place (SPTE OS-(01) Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18,2007 to October 18,2008. Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18, 2005, The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18, 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date, prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction, They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 4