REVIEW COMMENTS
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-252
FROM: Vincent A. Finizio
Deputy City Engineer
TO: Tambri Heyden
Senior Planner
VIA: Christopher Cutro
Planning & Zoning Director
DATE: August 23, 1993
RE: Jonathan's Grove Master Plan
Planning Department Comments
The Engineering Department for the City of Boynton Beach, Florida
is in receipt of your most recent memo regarding your review of the
submitted (approved) master plan for the above referenced project.
Please advise me, in writing, as to whether or not you are requiring
the developer to revise the master plan to be consistent with your
comments or may we accept the final master plan as the approved
version.
On August 31, 1993, the Technical Review Committee will be considering
the concurrent preliminary plat and final plat review for this project,
therefore, I respectfully request that I receive a response to this
request no later than Wednesday, August 25th at 5 p.m.
Thank you in advance of your anticipated cooperation in this matter.
VAF/ck
cc: Lisa A. Tropepe, P.E., Acting City Engineer
J. Scott Miller, City Manager
TO:
Vince Finizio, Engineering Department
Tambri J. Heyden, Planning Department
August 17, 1993
FROM:
DATE:
SUBJECT:
Jonathan's Grove - File No. 772
Rectified Master Plan
As requested, please be advised of the following comments
relative to the JO~athan's Grove master plan, dated August 3,
1993, that was rev~sed by the applicant to address Planning and
Development Board approval conditions:
(1) There is a discrepancy with the height and the location
of the buffer wall along the north project boundary.
Section B-B shows a five foot high wall 15 feet south
of the north project boundary and the master plan shows
a 6 foot high wall within the Florida Power & Light
easement.
(2) The lots along the north side of the 60 foot right-of-
way and around the cul-de-sac on the plat drawings do
not match the master plan and do not meet the minimum
lot depth and lot area'required pursuant to the
project's zoning approval. Because the master plan is
only required to show a typical building envelope, the
problem with these lots, with the exception of lot 16
and 17 which were altered from the master plan
depiction, was not detected until the plat drawings,
showing survey data, were submitted. Therefore, it is
very likely that the master plan will change to address
this problem.
These comments were conveyed to Richard StaUdinger after the
August 12, 1993 Technical Review Board meeting so that the re-
submitted plat drawings would be accompanied by a master plan
reflecting the above comments.
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TAMBRI J. HE EN
TJH: frb
XC-Chron & subject file
Richard staudinger
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ENGINEERING DEPARTMENT MEMORANDUM NO. 93-1S~
AGENDA ITEM
TO: J. Scott Miller
City Manager
FROM: Vincent A. Finizio
Deputy City Engineer
DATE: July 16, 1993
RE: Master P1an
Jonathan's Grove
P1anning & Deve10pment Board's Recommendation for Approva1
Please be advised that the City's Planning & Development Board,
during their regular July 13, 1993 meeting, voted unanimously (7-0)
to forward the Jonathan's Grove Master Plan to the City Commission
with a favorable recommendation for approval.
The Planning & Development Board agenda package for this item, as
well as a sufficient number of master plans, have been previously
provided your office by the Planning Department.
Pursuant to code provisions set forth in Appendix C, Subdivision
and Platting Regulations, specifically Master Plans, the Planning
& Developement Board Chairman has signed the modified Master Plan
thereby indicating the Planning & Developement Board's approval
(see attached copy of Planning & Development Board Chairman's
signature at Technical Review Committee approval signature block).
Should you require any additional information and/or assistance,
please feel free to contact the undersigned at ext. 488.
VAF/ck
cc: Christopher Cutro, Planning & Zoning Director
attachment: Copy of TAC signature block on Jonathan's Grove Master Plan
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PLA~NING AND ZONING DEPARTMENT MEMORANDUM NO. 93-166
THRU:
Chairman and Members
~~~~ an~lopment Board
Christ pher cutro
Planning and Zoning Director
TO:
FROM:
Tambri J. Heyden
Senior Planner
DATE:
July 8, 1993
SUBJECT:
Jonathan's Grove - File No. 750
Master Plan (subdivision) - final comments
The Planning and Zoning Department has recommended to the
Engineering Department that the Jonathan's Grove master plan be
forwarded to the Planning and Zoning Department and has signed off
the master plan, subject to the following list of planning and
zoning related comments. This list supersedes Planning and Zoning
Department Memorandum No. 93-156. As discussed in Engineering
Department Memorandum No. 93-182, page 3, item #7, several comments
contained within Planning and Zoning Department Memorandum No. 93-
156 have been addressed. Therefore, for clarification purposes
this memorandum serves to itemize those comments from Planning and
Zoning Department Memorandum No. 93-156, and one additional
comment, which are recommended as conditions of approving the
Jonathan's Grove master plan.
1. Site plan approval for the sign and entrance wall and for the
buffer wall, fence and associated landscaping shall be
required concurrently with preliminary plat approval. Part
III of the Code of Ordinances - Land Development Regulations,
Chapter 4, Section 2.
2. Due to a potential conflict with the location of the required
wall along the north boundary of the development and the
location of the 15 feet wide Florida Power and Light (FPL)
easement for existing overhead power lines, also along the
north boundary of the development, the wall location may be
subject to change, i.e. - moved south 15 feet. For screening
and maintenance reasons the preferred location of the wall is
along the north boundary of the development. The wall
location shall be determined prior to submitting for
preliminary plat approval and with every attempt being made to
locate the wall along the north boundary of the property,
consistent with the Jonathan's Grove condition of zoning
approval. If acceptable to FPL, the wall may be moved three
(3) feet north so that the footer is adjacent to the north
boundary of the property.
3 .
Details for the northbound, deceleration
the intersection of Lawrence Road and the
development, required as a condition
variance granted for access, shall be
preliminary plat.
(right turn) lane at
entrance road to the
of the subdivision
submitted with the
4. Regarding note #13 on the master plan and other depictions on
the master plan, the limited access easement along Lawrence
Road shall be dedicated to Palm Beach county. The limited
access easements proposed along a portion of the project
entrance road and the access/utility easement shall be
dedicated to the City of Boynton Beach. The swale &
drainage/landscape easements (to encompass the wall and
landscaping by overlapping with the FPL easement, if agreeable
to FPL) and the dry retention area (to be a separate tract of
land) shall be dedicated to the homeowners' association. It
is recommended that the landscape tract and the landscape/
citrus tree preserve tract encompass the sign and entrance
TO: Planning and Zoning Board
-2-
July 8, 1993
( con t ' d. )
4. wall and be labeled to include sign/wall maintenance. The
drainage and utility easement shall be dedicated to the city
for utility purposes and to the homeowners' association for
drainage purposes.
5.
Regarding note #2 on the master plan and the proposed
landscape/citrus tree preserve area, the determination of
which existing trees are to be preserved is reserved until
submittal of the tree survey and tree management plan with the
preliminary plat. Comprehensive Plan Policy 4.4.2 and
Jonathan I s Grove condition of zoning approval to preserve
existing trees to the maximum extent possible.
#
If this master plan request is approved by the Planning and
Development Board, subject to conditions, a master plan,
revised to address relevant conditions 'of approval, shall be
submitted with the preliminary plat submittal.
The section A-A detail has been revised on the master plan
dated July 2, 1993 to show a 10 feet wide typical swale area
adding up to a right-of-way width of 50 feet which conflicts
with other references on the master plan to a right-of-way
width of 60 feet. It is recommended that a right-of-way of 60
feet in width be approved, unless otherwise recommended by the
Engineering Department.
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xc: Vincent Finizio
Central File
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RAND -DELIVERED
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-181
TO: All Technical Review Committee Members July 6, 1993
Mike Kazunas, P.E., utility Department
Al Newbold, Deputy Building Official
Robert Eichorst, Public Works Directoe
Tambri Heyden, Senior Planner, Planning Department
Kevin Hallahan, City Forester
John Wildner, Supv'r., Parks and Recreation Department
FROM: Vincent A. Finizio
Deputy City Engineer
RE: Johnathan's Grove Master Plan
Complete Resubmission (2nd Round)
Attached for your review and consideration, please find a Master
Plan submitted by Gee & Jenson for the above referenced project.
This is a second round review (two previous reviews conducted by
the TRC) and therefore the plan should be reviewed in its entirety
with comments being returned to the attention of the undersigned
no later than 10:00 a.m. July 7, 1993. Should the plan fully
comply with City Codes, please so indicate in written form.
The Master Plans transmitted herein should be returned along with
your comments indicating approval or denial.
A limited amount of review time has resulted pursuant to discussions
held during the second review of the master plan wherein the TRC
agreed to perform an expedited review upon receipt of the plans
which the Developer's Engineer indicated would be in a state of
full compliance with applicable codes. Your cooperation please.
Note: Mike Kazunas, P.E. will review the Master Plan and render a statement
of Concurrency Certification pursuant to City Codes.
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cc: J. Scott Miller, City Manager (as discussed)
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-156
TO: Vincent Finizio
Engineering Department
~~
THRU: Christopher cutro
planning and Zoning Director
FROM: Tambri J. Heyden
Senior Planner
DATE: July 1, 1993
SUBJECT: Jonathan's Grove - File No. 750
Master Plan (subdivision) - resubmission comments
The following is a list of planning and zoning related comments to
be forwarded to the Planning and Development Board (p~ovided the
applicant does not resubmit again) for their consideration relative
to the above-referenced request. If the Planning and Development
Board moves to approve this master plan,' it is recommended that
approval be subject to this list of conditions:
1. Lots and buildings shall conform to the R-1A zoning district,
"Building and Site Regulations of the Zoning Code, with the
exception of the 9,590 square feet minimum lot size, to be not
less than 70 feet wide by 137 feet deep and the minimum 1,800
square feet living area required as a condition of the 1989
Jonathan's Grove zoning approval. Appendix A - Zoning of the
Code of Ordinances, Section 5.D.
2. Site plan approval for the sign and entrance wall and for the
buffer wall, fence and associated landscaping shall be
required concurrently with preliminary plat approval. Part
III of the Code of Ordinances - Land Development Regulations,
Chapter 4, Section 2.
3. Unless subsequently required by the planning and Development
Board and City Commission, the proposed hedge on the north
side of the wall proposed along the north boundary of the
property is not a code requirement and was not discussed at
the time of granting zoning approval in 1989. If the hedge or
other landscaping adjacent to the wall is made a condition of
the master plan or future site plan approval, it is
recommended that the entire hedge be required to be installed
simultaneously with the wall and not in segments with
construction of each home abutting the wall.
4. It is recommended that the proposed five (5) feet high wall
along the rear of the north lots be increased to six (6) feet
in height based on the Jonathan's Grove condition of zoning
approval to construct a wall not to exceed six (6) feet in
height on the north boundary of the property.
5.
The wall proposed along the rear of the north
extend to the northeast corner of the development.
Grove condition of zoning approval to construct a
north boundary of the property.
lots shall
Jonathan's
wall on the
6. Due to a potential conflict with the location of the required
wall along the north boundary of t:he development and the
location of the 15 feet wide Florida Power and Light (FPL)
easement for existing overhead power lines, also along the
north boundary of the development, the wall location may be
subject to change, i.e. - moved south 15 feet. For screening
and maintenance reasons the preferred location of the wall is
along the north boundary of the development. The wall
location shall be determined prior to submitting for
preliminary plat approval and with eVE~ry attempt being made to
locate the wall along the north boundary of the property,
consistent with the Jonathan's Grove condition of zoning
TO: vincent Finizio
-2-
July 1, 1993
(cont' d. )
6. approval. If acceptable to FPL, the wall may be moved three
(3) feet north so that the footer is adjacent to the north
boundary of the property.
7. Details for the northbound, deceleration (right turn) lane at
the intersection of Lawrence Road and the entrance road to the
development, required as a condition of the subdivision
variance granted for access, shall be submitted with the
preliminary plat.
8. Based on the subdivision variance granted for access, it is
recommended that the limited access easement shown on the
master plan be extended along the street frontage of lots 1,
2, 31 and 32, excluding that area needed for a maximum 20 feet
wide driveway to be located flush with the eastern property
line of the aforementioned lots.
9. Regarding note #13 on the master plan, the limited access
easement along Lawrence Road shall be dedicated to Palm Beach
county. The limited access easements proposed along a portion
of the project entrance road, the utility easement, and the
access/utility easement shall be dedicated to the City of
Boynton Beach. The drainage easement, the swale &
drainage/landscape easements (to encompass the wall and
landscaping by overlapping with the FPL easement, if agreeable
to FPL) and the retention area (to be a separate tract of
land) shall be dedicated to a homeowners' association. It is
recommended that the landscape easement (to encompass the sign
wall) and the landscape/citrus tree preserve area be separate
tracts of land dedicated to a homeowners' association rather
than encumbrances to lot 1 and lot 3~~, respectively.
10. Regarding note #2 on the master plan and the proposed
landscape/citrus tree preserve area, the determination of
which existing trees are to be preserved is reserved until
submittal of the tree survey and tree management plan with the
preliminary plat. Comprehensive Plan Policy 4.4.2 and
Jonathan's Grove condition of zoning approval to preserve
existing trees to the maximum extent possible.
11. If this master plan request is approved by the Planning and
Development Board, subj ect to conditions, a master plan,
revised to address relevant conditions of approval, shall be
submitted with the preliminary plat submittal.
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xc: Central File
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MEMORANDUM NO. 93-208
TO: Vincent Finizio, Engineering Department
Chris cutro, Planning Director
FROM: J. Scott Miller, City Manager
DATE: June 2, 1993
SUBJECT: . Jonathan's Grove - Variance
Pursuant to the attached memorandum dated June 2, 1993, from
vice Mayor Jose Aguila, I am directing each of you not to
proceed with any administration action on the variance for
Jonathan's Grove (per action taken at last evening's City
Commission meeting). This subject project will be placed
on the next regularly scheduled City Commission meeting
(June 15, 1993) for review and reconsideration. Please
notify the applicant of this impending action.
J Scott Mi
ity Manager
JSM : j b
Attach.
RECEIVED
JUN :1
PLANNING DEPT.
-
-
06/02/93 12: 16
"'407 243 8184
@@Ol
MEMORANDUM
To: J. Sc01t Miller. City Manager
From: Jose Aguila. V.ce-Mayor
Dote: Jure 2, 1993
Reference: Jonathan'S Grove. Variance
Please take no administrative action on the above referenced project prior to the r'ext ragulariy
scheduled City Commissicn meeting. It is my intent!o reconsioer the decision made last nlg~lt.
Please notify thE> City Planner as well as the applicant of thh: ;mper~djr.g action.
(~O'--
JOS~~
0: Mayor & City CommisSion
City Planner
City Attomey
Central File
{{ECEIVED
JViV '- - 1993
CITY MANAGEH;S OFFICE
J~_
MEMORANDUM
U~~lities No. 93-24~
TO:
FROM:
Vince Flnizio,
Deputy City Englnee
John A.,Guldry, ~
Dlrector of Utllitie
DATE:
June 1, 1993
SUB.7ECT:
Master Plan Submission/Pre-Application
(Concurrent) - Jonathan's Grove
Staff has had commun~cation with the applicant of the above-
referenced project regarding comment number 2, Utility Memorandum
No. 93-220, and recommends that the project move forward through
the review process on the conditlon that the following note be
added to the approved Master Plan.
"The gravity sanitary sewer lines and lift station wet well will
be designed to accept the anticipated off-site sewer flows from
the adjacent properties within 2100' from the south east property
corner and 1800' north and south from the proposed subdivlsion
entrance. Stub manholes for future connections will be
constructed extending the proposed gravity system to the right-
of-way at Lawrence and the east. property line."
It is our understanding that a concurrency statement for water
and sewer is not necessary at this stage of the review so comment
one is removed. The City Engineer should be aware that City
Ordinance Appendix C Article VIII Sect. 4.C.IO requires that the
plan contain the location of all proposed easements and their
purpose. We are in receipt of a letter (copy attached) which
addresses thls, however, we recommend a note be added to the
Master Plan prior to its approval.
If you have any questions regarding this matter please contact
Mr. Mike Kazunas at 738-7465.
Ibks
Attachment
be: Mike Kazunas
cc: Skip Milor
Peter Mazzella
Scott Bennewitz
RECEIVED
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PLANNING DEPT.
i'
-
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
Vincent Finizio
Deputy city Engineer
r ~ -
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Christoph cU~ ~~
Planning and Zoning Director
THRU:
FROM:
Tambri J. Heyden
Senior Planner
DATE:
May 27, 1993
SUBJECT:
Jonathan's Grove - Subdivision Master Plan
File No. 750
Please be advised of the following list of comments which itemizes
the planning and zoning related deficiencies of the above-
referenced submittal:
1. Include within the notes on the master plan, as recommended by
Palm Beach County School Board, that no residential building
permits may be issued until the developer and the School Board
approve in writing an agreement which assures that public
school student membership generated by the development will
achieve school Board racial balance goals. Appendix C of the
Code of Ordinances - Subdivisions, Platting, Article VIII,
Section 4.G and Comprehensive Plan Policy 8.22.1.
2. As a condition of the Jonathan's Grove zoning approval, right-
of-way for Lawrence Road forty (40) feet from centerline was
to be dedicated by the property owner within 45 days of
annexation. The survey does not reference such dedication.
If this has not been done, dedication shall occur immediately.
J. Concurrency certification for neighborhood parks and drainage
is required at time of master plan approval. Regarding
neighborhood parks, due to the number of dwelling units
proposed (100 units or less), this project can be certified
for neighborhood parks without the requirement for dedication
of public park acreage or the provision of a private
recreation area. Chapter 19 of the Code of Ordinances,
Article VI - Concurrency Requirements, Section 19-83(b)(3),
Section 19-84(h)1 and Section 19-88(c)(2)d.3 and 5.
Certification for recreation facilities is required at time of
preliminary plat approval. The developer shall be required to
pay a fee in lieu of dedicating land for parks and recreation.
The amount of this fee shall be determined following Appendix
C of the Code of Ordinances - Subdivisions, Platting, Article
IX, Section 8.D. and will require an appraisal of fair market
value of the property or a copy of a contract to purchase the
property. Chapter 19 of the Code of Ordinances, Article VI -
Concurrency Requirements, Section 19-83(b)(1), Section 19-
84(f) and Section 19-88(c)(2)d.7.
4. To carry out the condition attached to the Jonathan's Grove
zoning approval for preservation of existing trees to the
maximum extent possible, a tree survey shall be submitted. At
the time of applying for preliminary plat approval, a
management plan shall be submitted for the preservation of the
existing vegetation to be retained. Comprehensive plan Policy
4.4.2 requiring preservation of existing, non-exotic trees on
any existing vegetated site over "cut and replace"
preservation techniques.
5. An eight (8) foot wide concrete bike path shall be constructed
on the east side of Lawrence Road along the subdivision
frontage as was required of Lawrence Grove and Citrus Glen
developments. Comprehensive Plan policies 1.11.9 and 2.4.4
and Appendix C-Subdivisions, Platting, Article IX, Section 11.
TO: Vincent Finizio
-2-
May 28, 1993
6. Include within the notes on the master plan that a minimum of
two off-street parking spaces per unit will be provided.
Appendix C of the Code of Ordinances - Subdivisions, Platting,
Article VIII, Section 4.C.10 and section 11.H.4 and 16.a(4).
7. Include within the notes on the master plan that no structure
shall encroach an easement. Appendix C of the Code of
Ordinances - Subdivision, Platting, Article VIII, Section
4.C.I0 and Section 6.D.9.
8. Include wi thin the notes on the master plan that with the
exception of the 9590 square foot minimum lot size, to be not
less than 70 feet wide by 137 feet deep, and the minimum 1,800
square foot living area required as a condition of the
Jonathan's Grove zoning approval, conformance with the Zoning
Code, "Building and Site Regulations" for the R-1A zoning
district and the swimming pool and screen enclosure
regulations is required. Appendix A of the code of
Ordinances, Zoning, Section 5. D, section 11. E and section
11.F.
9. Provide a second typical building envelope for the lots along
the north property boundary which will have a 35 foot rear
building setback, due to the 15 foot FPL easement and the 20
foot swale & drainage/landscape easement, rather than a 25
foot rear building setback as indicated on the typical
building envelope shown on the master plan.
10. Show the location of the required five foot wide limited
access easement along the Lawrence Road frontage. The limited
access easement may be superimposed over the 20 foot wide
landscape easement along the Lawrence Road frontage shown on
the master plan. If the subdivision variance for 180 feet of
access is denied, the limited access easement should extend
from the. Lawrence Road frontage to 180 feet from the
intersection of Lawrence Road and the local street serving the
project. If the variance is approved in part, the limited
access easement should reflect the approval accordingly.
Appendix C of the Code of ordinances - Subdivision, Platting,
Article VIII, section 4.C.10 and Article IX, section 3 and
Comprehensive Plan Policy 1.3.6.
11. Provide information regarding ownership and maintenance
responsibility of the lift station tract, the dry retention
area, the sign wall, the 5 foot high masonry wall, the 5 foot
high chain link fence and the hedges adjacent to the fence,
the landscape easement and the swale & drainage easement/
landscape easement. Appendix C of the Code of ordinances -
Subdivision, Platting, Article VIII, Section 4.C.I0.
12. The landscape easements shown on the master plan should
encompass the locations of the walls and fences and should
include a reference to maintenance of same. It is recommended
that a homeowners' association be responsible for maintenance
of the structures and landscaping by dedication of the
referenced easements to the association.
13. Substitute the proposed chainlink fence with a 6 foot high
wall consistent with the condition of the Jonathan's Grove
zoning approval.
14. Add to Section B-B the wall and hedge location. The wall
should be set back a minimum of three feet from the project
boundary for maintenance of the wall (including the footer)
and the hedge. The hedge should be installed on the outside
of the wall to screen the project from the homes to the north
consistent with the condition of the Jonathan's Grove zoning
approval.
TO: Vincent Finizio
-3-
May 28, 1993
15. It is recommended that the buffer wall and hedge along the
north project boundary be installed simultaneously to further
the-intent of the condition of the Jonathan's Grove zoning
approval to screen the project from the homes to the north.
16. Site plan approval for the sign and entrance wall and for the
buffer wall, fence and associated landscaping shall be
required concurrently with preliminary plat approval. Part
III of the Code of Ordinances - Land Development Regulations,
Chapter 4, Section 2.
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Tambri J. Heyen
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A: JonGrMP1
VIII. DEV. PLANS
C.l
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-141
AGENDA ITEM
cc: Eng. Bldg,
Plan, Uti]
TO: Michael E. Kazunas, utility Engineer
VIA: J. Scott Miller, City Manager
FROM: Vincent A. Finizio, Deputy City Engineer
DATE: May 26, 1993
RE: Subdivision Variance Submission
Jonathan's Grove
Variance Request for Appendix .C., Article X, Section 1,.Access.
Consensus of the Technical Review Committee
(Master Plan Has Not Yet Been Approved/Pre-Application Stage)
Please be advised that the Technical Review Committee, during their
May 25, 1993 meeting, reviewed Gee & Jenson's request on behalf of
MI Homes, reference the applicant's desire to present the above
referenced variance to the City Commission for their final review and
determination.
Appendix "C", Article X, Section 1, "Access", states "Points of access
to lots developed within a subdivision shall be located a minimum of...
180' from intersecting right-of-way lines on all other streets of a
higher classification as defined in this ordinance.". The proposed
master plan contains four lots which do not comply with the provisions
of the aforementioned Section, that being lots #1, #2, #31 and .32.
The consensus of the Technical Review Committee was that the variance
~ ~ be granted in part and denied in part.
The recommendation of the Technical Review Committee is as follows:
1. Lots #1 and #32 be deleted from the master plan with no residential
construction occurring at these locations, based upon their proxi-
mety to Lawrence Road (Variance denial) .
2. Lots t2 and t3l be granted a variance conditioned upon the drive-
ways for the proposed residences being constructed flush with the
east property lines for these lots. This will enable the points
of access to be 160' from Lawrence Road and will constitute a
partial granting of the requested variance. Additionally, the
proposed wall, south of the depicted roadway and immediately east
of Lawrence Road, will be modified to remove the section of wall
which angles in a northeast direction from the north tip of the
north/south portion of said wall. This action will provide a
better line of sight for motor vehicles backing out of residential
driveways at lot #31.
Engineering Dept. Memo. No. 93-140
Jonathan's Grove/Subdivision Variance Submission
May 26, 1993
Page #2
It should be noted that the Technical Review Committee discussed
with the applicant the relocation of the 60' wide dry retention area,
currently existing at the extreme east end of the project, be placed
along the area currently occupied by lots II and 132, resulting in an
easterly shift of all lots an equivalent distance of 60' east. This
action, if deemed reasonable by the City Commission, would provide
approximately 155' between access points from residential lot:. to the
intersection of Lawrence Road as long as the residential driveways, for
the relocated lots, were constructed along the easternmost property
lines as recommended in item #2 above.
I have provided herein a copy of the Subdivision Variance Section and
based upon the applicant's ability to relocate the dry retention area,
they do not demonstrate that, (Section 1,A,I) "That special conditions
and circumstances exist which are peculiar to the land involved and
which are not applicable to other lands.", or (Section 1,3), "That the
special conditions and circumstances do not result from the action of
the applicant.", therefore, the requirements of this section have not
been met.
The City Commission, may in accordance with Article XVI, Section lC,
may grant "any variance the Council may prescribe and require appro-
priate conditions and safeguards in conformity with this ordinance.".
At your earliest convenience, please place this memorandum on the
next regular City Commission agenda and authorize same by initialing
the line provided below.
Respectfully submitted,
A~.
Vincent A. Finizio
VAF/ck
cc: J. Scott Miller, City Manager
attachments: City Code of Ordinances, Appendix "C", Article XVI,
Section lA, IB and lC
Appendix "C", Article X, Section 1, "Access"
Location Plan
Master Plan Lot Layout sheet w/notations
Art. XV, t 3
BOYNTON BEACH CODE
additional right-of-way shall be provided to make a
total of not less than fifty (50) feet.
B. (SAME-EASEMENTS.] Easements for proper
drainage shall be provided where necessary at a width
adequate to accommodate the drainage facilities. A
minimum of twelve (12) feet shall be provided for
underground storm drainage installations and where
canals or ditches are permitted, the width shall be
adequate to accommodate drainage facilities plus
twenty (20) feet on one side to permit equipment to
enter for maintenance purposes.
C. [PRELIMINARY AND FINAL PLAT NOT RE-
QUIRED.] The preliminary plat and final plat
sections of this ordinance are not required where the
improvements are contained in existing platted
rights-of-way and no additional right-of-way dedica-
tion [is] needed. Drainage rights-of-way and ease-
ments where a plat is not required shall be submitted
by separate instrument dedicating the easement for
such purposes.
Section 4. Waiver.
In portions of a subdivision which are not under the
control or ownership of the developer, the city engineer may
waive the additional right-of-way requirement set forth in
paragraphs 1 through 3 of section 3 hereof, when it is shown
to be impossible for the developer to acquire the required
additional right-of. way.
Editor'1 note-Apparently the relerence above to parqrapha 1-3 o(
sKtion 3 .hould have been to lubaection A of that IKtion.
ARTICLE XVI. VARIANCES AND EXCEPTIONS
V Section 1. Administration ot variances.
When because of the size of the tract to be subdivided, its
topography, the condition or nature of adjoining areas or the
existence of other unusual physical conditions, literal or
strict enforcement of the provisions of this ordinance would
2156
APPENDIX C-SUBDlVISIONS. PLATTING Art. XVI, J 1
cause an unusual, exceptional, unnecessary or [would] result
in real, difficulties or undue hardship or injustice, the
council after report by the technical review board may vary
or modify the requirements set forth herein. Such variances
shall not be granted if it has the effect of nullifying the
intent and purposes of this ordinance. In granting
variances. the council may require such conditions as will
secure insofar as practical, the objectives of this ordinance:
v A. Variances shall not be granted unless a written
application for a variance has been submitted to the
city engineer demonstrating:
'I/'" 1. That special conditions and circumstances exist
which are peculiar to the land involved and which
are not applicable to other lands.
2. That a literal interpretation of the provisions of
this ordinance would deprive the applicant of
rights commonly enjoyed by other properties.
..,,/' 3. That the special conditions and circumstances do
not result from the action of the applicant.
4. That the granting of the variances requested will
not confer on the applicant any special privilege
that is denied by this ordinance to other lands. No
pre-existing conditions or neighboring lands
which are contrary to this ordinance shall be
considered grounds for the issuance of a variance.
B. To consider the recommendations of the technical
review board. the council shall set a public hearing on
the proposed variance. The council shall make
findings:
1. That the requirements of this section have been
met.
2. That the reasons set forth in the application justify
the granting of the variance and that the variance
is the minimum variance that would make
possible the reasonable use of the land.
3. That the granting of the variance would be in
harmony with the general purpose and intent of
this ordinance, would not be injurious to the
Supp. No. 25
2157
~?~~
~J2..S/~3
Art. XVI, I 1
BOYNTON BEACH CODE
surrounding territory, [and] would not impair the
desirable general development of the neighbor-
hood or the community, as proposed in the
comprehensive plan, or otherwise be detrimental
to the public welfare.
In granting any variance the council may prescribe
and require appropriate conditions and safeguards in
conformity with this ordinance. Any variance rranted
by the council shall be noted in its official minutes
along with the reason. which justify the rranting
thereof and any required conditions and safecuards.
Upon the granting of . variance, the conditions and
safeguards placed upon the variance by the council
shall be enforced by the city engineer and shall be
considered as part of the provisions of this ordinance.
D. An application fee as adopted by resolution of the city
council shall be payable to the City of Boynton Beach.
(Ord. No. 86-4, ~ 20. 3.18.86)
/' c.
Section 2. Exception..
The requirements as outlined in this ordinance may be
modified by the council in the case of a plan and prorram
for a complete community. which in the judgment of the
council provides adequate public space and improvements
for the circulation, recreation. liCht. air and service needa of
the tract when fully developed and populated. and which
also provides such covenance or other legal proviSions u
will aBlure conformity to and implementation of the plan. In
rranting such modifications. the council shall require such
reasonable conditions and safeguards u will secure
substantially the objectives and standards of this ordi-
nance. Before rranting such exceptions. the plan and
program shall be in the appropriate zoning district. comply
with the comprehensive land use plan. have prior approval
of the planning and zoning board and technical review
board. Upon compliance with the aforegoing, a public
hearing shall be held by the council.
Supp. No. 25
2158
Art. X
BOYNTON BEACH CODE
ered on an individual basis. The design of required
improvements shall be accomplished in such a manner that
they shall be equal to or exceed current city standards and
the following:
../' Section 1. Acce...
Points of access to lots developed within a subdivision
shall be located a minimum of thirty (30) feet from
intersecting right-of-way Unes on local streets and one
hundred e~ty (180) feet from intersecting right-of-way
~ines on all other streets of higher classification as dermed
in thi. ordinance. However, accelS to townhouse clusters
may be via parking lots and/or driveways designated on the
plat as access or parking tracts providing the length of said
access does not exceed six hundred (600) feet. The
subdivision shall be designed to accomplish access to the
lots by the use of local streets. Local street connections to
collector streets shall be a minimum of six hundred sixty
(660) feet apart and collector street connections to arterial
streets shall be a minimum of one thousand three hundred
twenty (1,320) feet apart. Where access is desired along
collector or arterial streets, it shall be provided by means of
~ marginal accelS road. The first point of aceeas to the
marginal access road from collector and arterial streets
shall be a minimum of three hundred thirty (330) feet from
intersecting right-of-way linea with intermittent points at
median opening locations, being a minimum of six hundred
sixty (660) feet from intersecting right-of-way linea, unleaa
otherwise approved by the city engineer. Acceaa spacings of
lesser lengths may be granted if requested by the developer
and if deemed advisable by the technical review board.
Where double frontage Iota are created adjacent to a
collector or arterial street, they shall front on a local street
and the rear of the lot shall be the side which abuts the
collector or arterial street. In such cases, the lot shall be
buffered as required by this ordinance.
SecUon 2. Alley..
Alleys shall be paved eighteen (18) feet wide in a
minimum twenty-foot right-of-way for commercial and
2130
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TECHNICAL REVIEW COMMITTEE MEMORANDUM
TO:
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
William Cavanaugh, Fire Prevention Officer
Sgt. Mike Kirrman, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Mike Kazunas, utilities Engineer
Vincent Finizio, Engineering Department
William C. Archdeacon, Gee & Jenson consulting Engineers
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
May 18, 1993
RE:
Technical Review Committee Meeting
Tuesday, May 25, 1993
Please be advised that the Technical Review Committee will meet on
Tuesday, May 25, 1993, at 9:00 A.M. in Conference Room "C" (West Wing)
to discuss the following:
MASTER PLAN /' )
(y<l #',/
)
SUBDIVISION VARIANCE
Jonathan's Grove: Review requested by the developer for relief from the
180' minimum distance requirement from intersecting lines of right-of-
way with classifications higher than a local street.
NOTE: Please return all plans and comments for the above
projects to the Engineering Department by
Friday, 5:00 p.m., May 28, 1993.
MASTER PLAN MODIFICATION
Lawrence Grove PUD: Review of master plan to add two (2) additional
building lots and to close right-of-way opening to Bedford Road.
NOTE: Please return all plans and comments for the above
project to the Planning and Zoning Director by
Tuesday, 5:00 p.m., May 25, 1993. Due to reverse review by
Planning and Development Board and City Commission,
comments are needed for backup for City Commission meeting
on Tuesday, June 1, 1993.
TECHNICAL REVIEW COMMITTEE
PAGE 2
OTHER
Discussion on the feasibility of keeping a copy of the approved
utilities set of plans with the building permit set.
~~~~
Dorothy Moore
DM/jm
Att.
cc: J. Scott Miller, City Manager
City Commission (5)
Don Jaeger, Building Official
Ed Allen, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, utilities Director
Steve Campbell, Fire Department
Bob Gibson, Public Works
central File
Christopher cutro, Planning & Zoning Director
Tambri Heyden, Senior Planner
Mike Haag, Zoning and Site Development Administrator
Project File
Chronological File
A:TRCTUES.JM
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-127
TO: ALL TECHNICAL REVIEW CO~~ITTEE MEMBERS
FROM: Vincent A. Finizio
Deputy City Engineer
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RE: Master Plan Submission/Pre-Application (concurrent)
Johnathan1s Grove
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DATE: May 17, 1993
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Please consider this memorandum a formal request to perform a review
of the above referenced Master Plan submission by Gee & Jenson.
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The review should be performed consistent with the provisions setforth
in City of Boynton Beach, FI, Code of Ordinances, specifically the
Master Plan section of Appendix "C", Subdivision and Platting, section
4 of Article VIII (see pages 2096-2100) including compliance with
adopted Comprehensive Plan elements and policies.
A copy of the associated Traffic Impact Analysis (T. I .A.) is herein.
transmitted to the Planning Director and Palm Beach County Traffic~
Engineering Division for their review and consideration. Should any
other Department desire to review the T.I.A., a copy is available in
the Engineering Department.
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A full set of plans along with a T.I.A. has been forwarded to Palm
Beach County School Board's Plant Planning Department pursuant to
Appendix "C", section 4G of Article VIII (see page 2099).
By copy of this memo to the Planning Director, I request that this
matter be placed on the agenda for the next Technical Review Committee
meeting of May 25, 1993.
Please be prepared to discuss your comments during the aforementioned
meeting and be advised that written comments should be transmitted to
my attention and be due no later than Friday M.ay 28, 1993.
Thank you in advance of your cooperation in this matter.
lJ. . ~A~' "-S-
AECE.\\JEO
",,~'i \ 1 \993
attachment(s): Master Plan
Traffic Impact Analysis
cc: Palm Beach County School Board Plant Planning Department
Palm Beach County Traffic
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