REVIEW COMMENTS
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MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 18, 1979
Mr. Annunziato continued that this information is on the plat and
should be transferred to the site plan. This was on the agenda
several weeks ago and was deleted because it was not approved by
the Community Appearance Board. The proper drawings were sub-
mitted last night to the Community Appearance Board and approved.
Mr. Roberts questioned the location of the entrance to this pro-
ject and Mr. Annunziato pointed out it would be S. E. 1st Street
extended.
Mr. Vance asked if the applicant was in agreement with the staff
comments and Mr. Granados replied affirmatively and stated he will
comply with them.
Mr. Trauger made a motion that the Council approve the site plan
for Seaway Villas PUD for 21 duplexes at Seacrest & S. E. 21st
Avenue subject to the staff comments. Mr. Roberts seconded the
motion. No discussion. Motion carried 4-0.
Hunter's Run Golf & Racquet Club (Summit Associates) - Construction
of Rail and Post Screen Wall at South Entrance Submitted by Paul
Hykel, Agent for Hunter's Run
Mr. Annunziato showed the plan and pointed out that north of the
entrance has been approved and this site plan is for the construc-
tion of the rail fence lying south of the entrance road and west
of Congress Avenue. It has been constructed. The staff did re-
view this as did the Planning & Zoning Board and Community Appear-
ance Board with positive recommendations from all. Mayor Harmening
commented that they have done an excellent job in landscaping and
beautifying the south end of Congress Avenue.
Mrs. Riscoe moved to accept the rail and post screen wall at the
south entrance of Hunter's Run, sec9nded by Mr. Roberts. No
discussion. Motion carried 4-0.
1700 Development Corporation (Via Lago) - Construction of 66 Unit
Condominium Complex, including recreation facilities and dock,
maximum height of 3 stories at 37 feet submitted by Tim Greene
for the 1700 Development Corporation. Location: East of Bernard's
Restaurant on Lake Street
Mr. Annunziato advised this is a sensitive landscaped area consist-
ing of horticultural gardens behind Bernard's. The site plan pro-
vides for an entrance off Lake Street and just east of Bernard's.
He pointed out the loop road system. Every effort has been made
to have the landscaping on the site remain in its original state.
Attempts have been made to relocate trees in the way of the site
plan to other sites. The applicant has provided for a decorative
wall to be constructed for privacy and it will be landscaped on
the inside of the wall. There was a slight problem regarding the
termination of Lake Street and a very small amount of Lake Street
-4-
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-274
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TO:
W.R. Staudinger, P.E.
Gee & Jenson
FROM:
Vincent A. Finizio
Deputy City Engineer
DATE:
September 13, 1993
RE:
Unlawful Deposit(s) of Soil Without Benefit of Permits
Via Lago (Proposed Plat 2 Area)
Results/Chemical Testing
Attached for your review and consideration, please find a copy of
Ardaman & Associates, Inc. letter dated August 31, 1993 to Dennis
Stevenson of James E. Newhaus, Inc., 11911 US Highway One, Suite
120, Palm Beach Gardens, Florida 33408 (Developer's Engineer),
wherein paragraph #4 of Mr. William Bailey, Senior Project Engineer
for Ardaman & Associates letter states: "At 138 ppm, the total
petroleum hydrocarbons is a bit high.1I
As you are aware, the then City Engineer William C. Archdeacon of
your firm and myself created an agenda item for the City Commission's
consideration of this matter relative to variance procedures.
Although this is my second memo to you regarding this matter, I feel
that we must act immediately in order to ensure the safety, health
and general welfare of the citizens of Boynton Beach and therefore
I ask that you immediately discontinue your on-going postponement of
this matter and act in an expeditious fashion in order to either,
command as City Engineer the removal of such fill allowing Code
Enforcement Board actions to proceed as usual and immediately place
this matter before the City Commission's attention.
A violation of our City codes has occurred and therefore we must act
prudently to resolve this matter. The residents of Via Lago, Plat 1
are eagerly monitoring and awaiting your decision, therefore, please
advise me as to which avenue you intend to pursue in order to bring
this site into a state of compliance with City laws.
cc: J. Scott Miller, City Manager
Harry Benoit, P.E., City Engineer
All Technical Review Committee Members
Central File
attachments: Ardaman & Associates, Inc. 8/31/93 letter, including
chemical analysis of soil issued by Flowers Chemical
Laboratories, Inc.
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Ardaman & Associ -:1l83, Inc.
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Geotechnical, Environmental and
Materials Consultants
File No. 93-2112
August 31, 1993
Dennis stevenson
James E. Neuhaus, Inc
11911 US Highway One, suite
Palm Beach Gardens, Florida
120
33408
RESULTS OF CHEMICAL TESTS
VIA LAGO, BOYNTON BEACH
Following your request, we tested a sample of the organic sand we
obtained several weeks ago at the captioned site. We tested for
total chlorides (salinity), total petroleum hydrocarbons, and
four heavy metals. Two copies of the test results are enclosed.
The chloride content in the pore fluid is 4010 ppm. In normal
seawater, I believe chlorine is about 19,000 ppm. This material
may have been dredged from a brackish marsh, or the' chlorine in
the stockpile may have been leached by rainwater before I sampled
it.
The concentrations of the four heavy metals are all within the
limits for a "clean soil" designation.
At 138 ppm, the total petroleum hydrocarbons is a bit high.
However, I believe I would smell petroleum in soil if the concen-
tration was that high and this sample had no odor that I noticed.
I am told that a TPH test result will be high if there is organic
material in the soil, not necessarily hydrocarbons. Since this
sample has a conEiderable content of non-hydrocarbon organics,
the true content of petroleum hydrocarbons may be less than the
138 ppm indicated by the test.
Please call if you have any questions conqerning thes~ test
results.
ARDAMAN , ASSOCIATES, INC
W;\\;.."" ~
William Bailey
Senior Project Engineer
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enclosures: (2 sets of 8)
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2511 Westgate Avenue. Suite 10. West Palm Beach, Florida 33409 Phone (~07) 687-8200 FAX (407) 640-7375
Offices in: Bartow. Cocoa, Fort Myers. Miami. Orlando. Port Charlolle, Port SI. Lucie. Sarasota, Tallahassee. Tampa. W. Palm Beach
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CI11:MICAL
UllOJM.TOmU
INCORPOR"'fO
Received From:
Ardaman/W. PalmBch
2511 Westgate AvU10
W PalmBch,FL 33409
Date Reported
Project Number
PO Number
FDIlRSm.1 Number
FHRS ENVNurnber
FDER COt-1QAE'Num
A2LA Nwnber
NCDEHNR Number
SCDHEC Number
Aug26 1993
93-2112
Via Lago
B3139
E83018
86-0008G
0312-01
296
96019
For: TRPH{90(3) C1 AsCdCrPb Bomb Discount
Date Sampled:Aug18 1993 Date Received:Aug20 1993 Lab Number
REPORT OF ANALYSIS
4402
4402
Parameter Unit t-le thod %ACC %PRC SOIL
Detection SAMPLE
Limit
Chloride mg/L 0.0100 94.7 3.13 4010
Tot_Pet_Hydrocarbons mg/Kg 1. 00 92.0 .700 138.
Arsenic mg/kg .00200 99.3 4.25 0.760
Cadmium ::1g/kg 0.0500 96.6 .820 0.143
Chromium mg/kg 0.100 104. .080 3.90
Lead mg/kg 0.0200 96.0 .000 <.0200
Data
Sample integrity and
Methods of ana1ysi
This Report of
Release Authorization
reliability certified by Lab personnel prior to analysis.
in accordance with FCL QA and EPA approved methodology.
sm' ~ be reproduced in part.
Ph.d.
Director
,
Page 1 of 1
Serving Your Analytical and En~ironmental Needs Since 1957
Jetlerson L. Flowers, Ph.D.
Jetlerson S. Flowers, Ph.D.
481 NEWBURYPORT
P.O. BOX 150.597
AlTAMONTE SPRINGS
flORIDA 32715.0597
BUS: (407) 339.5984
FAX: (4071 260-6110
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fLUWrJ2S
CIiI:MICAL
L4IJ004TOmU
INCORPO~"rED
Received From:
Ardaman/W. PalmBch
2511 Westgate AvUIO
W PalmBch,FL 3j409
Date Reported
Project Number
PO Number
FDHRS Number
FDER Number
NCDEHNR Number
SCDHEC Number
Aug26 1993
93-2112
Via Lago
83139
E83018
296
96019
Fox: TR~H(9a/3) Cl AsCdCrPb Bomb Discount
Date Sampled:Aug18 1993 Date Received:Aug20 1993 Lab Number
REPORT OF INFORMATION
4402
Parameter Unit Limit Expected Value Range Correlation
4402
Chloride mg/~ 3350 142. 4010 181
Tot_Pet_Hydrocarbons mg/Kg 138.
Arsenic mg/kg 65.4 1.47 0.760
Cadmium mg/kg 617 . 38.2 0.143
Chromium mg/kg 57.3 7.16 3.90
The above information is intended to highlight exceptional data as compared to the
upper control limits (Limit) established for each of the parameters. Range exceedances
are flagged by integer values in the Range column. The Expected values are derived
from historical data. Expected is computed as either the mean or computed directly
from another parameter using linear regression. All known correlation rule exceedances
are listed as en~~erated rule numbers in the Correlation column. Correlation pair
rules are defined on the last page.
Page 1
Serving Your Analytical and Env.ironmental Needs Since 1957
Jellerson l. Flowers, Ph.D.
Jellerson S. Flowers, Ph.D.
481 NEWBURYPORT
P.O. BOX 150-597
ALTAMONTE SPRINGS
FLORIDA 32715.0597
BUS: (407) 339-5984
FAX: (407) 260-6110
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Quality Assurance Report
Prepared for: ArdamanIW. PalmBch
Project Number: 93-2112
Lab Numbers: 4402 - 4402
Report date: 26-Aug-93
0, ~ FLOWERS
< .:. CHEMICAL
': ,., LABORATORIES
rACCREDITEDl .
o FLOWERS CHEMICAL
-'. <.' LABORATORIES,INC.
QA
Conformance
Summary
Client: Ardaman/W. PalmBch
Project NUP''-'er: 93-2112
P.O. Nun Via Lago
Date Sar i: 18-Aug-93
Lab Numt;: 4402 - 4402
Sample Handling
Sample handling and holding time criteria were met for all samples.
Surrogate Compound Recoveries:
The requested analytes did not require surrogates.
Accuracy I Precision:
The recovery limits were met for all compounds in the matrix spike as shown in
section 2.
The recovery limits were met for all compounds in the matrix spike duplicate as
shown in section 2.
The RSD was met for all compounds as shown in section 2.
Method Blanks:
No target compounds were found in the method blank in excess of the method limit
as shown in section 3.
accs Check Sample:
The control limits were met for all compounds as shown in section 4.
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FLOWERS CHEMICAL
LABORATORIES,INC.
Section 2
Matrix
Spike
Recovery
Analyte
Chloride
Tot Pet H drocarbons
Arsenic
Cadmium
Lead
. . .
Client:
Proiect Number:
P r: Jumber:
[ Sampled:
LatJ Numbers:
Ardaman/W. PalmBch
93-2112
Via I ago
18-/ .ug-93
4402 - 4402
1.26 3.13 93.9%
08-23-93 3.24 0.622 3.60 92.0%
08-24-93 0.004 <0.002 0.004 99.3%
08.25-93 1.111 <0.05 1.07 96.6%
08-25-93 1.111 <0.02 1.07 96.0%
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0-0.154
0-0.744
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o . 0.069
0-0.121
~ FLOWERS CHEMICAL
~~ LABORATORIES,INC.
Section 3
Method
Blank
Rr'')rt
't: At . -"YlanIW. Palm8(
F ct Number: 9~ '2
PJumber: V: .Jo
Dc ampled: 11 . .Q3
Lal .Jmbers: 44u~ - 02
Method
Chloride EP A325.2 08-25-93 <0.01
Tot Pet H drocarbons EP A9073 08-23-93 <1
Arsenic EPA7061 08-24-93 <0.002
Cadmium EPA6010 08-25-93 <0.05
Lead EPA6010 08-25-93 <0.02
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Section 4
aces
Sample
Recovery
'"It: Ardaman/W. Pain
I ~t Number: 93-2112
F Jumber: Via L~'"o
D >ampled: 18-93
Li. umbers: 44C 4402
Analyte
Chloride
Tot Pet H drocarbons
Arsenic
Cadmium
Lead
EPA325.2
EPA9073
EPA7061
EPA6010
EPA6010
08-25-93
08-23-93
08-24-93
08-25-93
08-25-93
4.67 - 5.42
2.09 - 4.20
0.003 - 0.007
0.854 - 1.09
0.810- 1.20
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gEE & JENSON MEMORANDUM
TO:
FROM:
Vincent Finizio, Deputy City Engineer
W. Richard Staudinger, P.E., Interim City Engin
RE:
Via Lago - Illegal Dumping of Soil on Site
DATE:
August 20, 1993
************..**********************.*.******.********.**************...****************************
In response to our discussions at the August 12, 1993 TRC meeting and upon review of
. the code and your memo of July 21, 1993 (No. 93-208), I have requested the engineering
-' firm of James E. Neuhaus, Inc. provide soil testing data to conclusively establish that the
soil placed on the property is not saline in nature and does not contain hazardous waste
materials.
J
The most expeditions way to handle this matter is to consider the fill to be in violation of
the excavation and fill regulations of Chapter 8. Since no permit was issued prior to
initiation of work, the applicant must pay a fee (Section 8-10) as established, plus the
appropriate penalty for initiating work prior to obtaining a permit. I would suggest a
minimum of two (2) times the initial fee as a penalty in this case. The City Ordinance
allow up to four (4) times the fee as a penalty at the discretion of the Building Official.
Attached to the permit application shall be the following items:
1. A listing of the person or persons responsible for the work.
2. Tabulation of the amount of material already moved and anticipated to be moved
on site.
3. Plans for the abatement nuisances (such as the blowing of dust and sand).
4. Erosion control plan to prevent run off of fill into the intracoastal waterway.
5. The height and location of proposed stockpiles.
6. The duration of the work and stockpiling.
7. Traffic plans depicting ingress, egress, public and private street crossings and
temporary traffic control measures, as appropriate.
8. Permits from other local governments (such as excavation permit at source of fill).
9. Surety in the amount of $5,000 for Road Restoration.
10. Complete soil analysis of fill material to insure imported material does not contain
hazardous wastes or is not contaminated with salt water.
11. Signed and sealed construction cost estimate of the work.
Cont'd page 2
n
This is the best way to dispose of this matter, as it can be handled administratively by
staff without the involved process of a subdivision variance, which must proceed through
Planning & Development Board and City Commission prior to completing the operation.
:jer
93049.1
c: All TRC Members
J. Scott Miller, City Manager
Scott Blaise, Code Enforcement
Page 2
V.l a... ci Ci.A~~-
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
Clyde "Skip" Milor, utilities, Chief Field Inspector
Vincent Finizio, Engineering Department
William C. Archdeacon, Gee & Jenson consulting Engineers
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
August 9, 1993
RE:
Technical Review Committee Meeting
Thursday, August 12, 1993
Please be advised that the Technical Review Committee will meet on
Thursday, August 12, 1993, at 9: 00 A. M. in Conference Room "C" (West
wing) .
The City Engineer will be chairman for the meeting to discuss the
following:
PRELIMINARY PLAT:
Jonathan's Grove - PUD - MI Homes
SUBDIVISION VARIANCE
Via Lago - Phase II - Unplatted land.
Applicant seeks relief from Appendix C, Subdivision and Platting
Regulations Article XIV, Section 4A, "Permits".
Questions regarding the preliminary plat or the variance shall be
directed to the Engineering Department.
X)~~,~' ~~ '" ~
Dorothy Moore
DM/jm
Technical Review Committee
Page 2
cc: (Memo Only)
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:TRCTHURS.JM
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-208
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TO:
Christopher Cutro
Planning & Zoning Director
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W. 22"
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FROM~
Vincent A. Finizio
Deputy City Engineer
~
DATE.
July 21, 1993
PLANNING AND
ZONING OEPt
RE:
Via Lago - Phase II (Unplatted Land)
Request for Placement of Subdivision
Technical Review Committee Agenda
Applicant Seeks Relief from Appendix
Platting Regulations, Article XIV,
Variance Request on
C, Subdivision and
Section 4A, "Permits"
Attached for your review and consideration, please find the applicant's
application for subdivision variance created by James E. Neuhaus, Inc.
Consulting Engineers, Surveyors, Planners, 11911 U.S. Highway #1,
Suite 120, Palm Beach Gardens, Florida 33408, dated July 16, 1993, as
well as a letter from Mr. Neuhaus, dated July 19, 1993 considered as
a supplement to the original variance request. Please be advised
that Joan Mormelo, Code and License Inspector, transmitted a courtesy
violation letter to the owners on July 15, 1993 affording them a
sufficient time to enter into the variance process (see attached Code
Enforcement letter).
EXPLANATION OF CODE VIOLATION
On or about the 2nd week in July, 'a trucking company delivered, on
various dates, approximately 32 dump truck loads of soil primarily
comprised of poorly graded silica sand, marine silt and composites of
marine silts and silica sand. The subject material was placed on
lands which are currently not platted with the stockpiles being placed
over a land surface covered with considerable vegetation without benefit
of clearing and grubbing prior to placement of fill, resulting in a
strata of vegetation between the existing ground elevation and the
bottom elevation of the stockpiles.
According to the truckers, the material was transported from Dade
County to Boynton Beach and therefore staff has requested that the
materials be tested for soil classification, salt content and chemical
testing relating to contamination by petro-chemical by products or
hazardous materials, etc. The applicant has not provided the requested
test data to date and has indicated they would rather discuss this
matter with the full membership of the Technical Review Committee and
the City Commission during consideration of this variance request.
All members of the Technical Review Committee are herein provided a
copy of the variance request letter, including a plan entitled Via Lago,
Engineering Dept. Memo. No. 93-208
Re: Via Lago, Phase II
July 21, 1993
Page #2
Special Purpose Sketch for Reshaping Earthwork Fill. All committee
members should review the letter and plan documents and be prepared
to discuss same at the August 12th Technical Review Committee meeting
relative to the provisions set forth in City Code of Ordinances,
specifically Appendix C, Subdivision and Platting Regulations,
Article XVI, Section lAl, 2, 3 & 4. The Technical Review Committee
shall then formulate a unified recommendation to the City Commission
recommending either denial or approval of the application based upon
whether or not the applicant has clearly demonstrated the required
elements for the granting of such variance{s).
Should you require any additional information and/or assistance,
please contact me at ext. 488.
-
w~c~.~
Vincent A. Fin1zio
Deputy City Engineer
William C. Archdeacon, PE,PLS
City Engineer
VAF/ck
cc: Honorable Mayor & City Commission
All Technical Review Committee Members (w/attach.)
J. Scott Miller, City Manager
Scott Blasie, Code Enforcement Administrator
Note: Please return plans at T.R.C. meeting
$1
July 16, 1993
Vince Finizio, Deputy City Engineer
City of Boynton Beach
Engineering Department
100 E. Boynton Beach Blvd., P.O.Box 310
Boynton Beach, FL 33425-0310
RE: Via Lago
Dear Mr. Finizio,
In conformance with our July 13, 1993 meeting, it is our
understanding from your interpretation of the City of Boynton Beach
Land Development Code that the appropriate city approval was not
granted prior to the recent placement of thirty truckloads of fill
onto the undeveloped portion of the site. We have also been made
aware that the owner's representative was out of state during the
placement of the fill and had no intention of willfully violating
any city ordinance.
Pursuant to your recommendation during our July 13, 1993 meeting
the owner has el ected, by submission of this 1 et ter, to seek a
subdivision variance request for Section 4, Appendix C of the Land
Development Code. More specifically, the request is to allow
pI acement of fi 11 material on the si te prior to submi tting and
receiving approval of subdivision construction plans.
The placement of fill was in a cleared but undeveloped upland
portion of the si te away from the direct view of most of the
existing dwelling units.
Upon granting of the appropriate cii ty approval the owner woul d
dress the existing dirt piles into a uniformly shaped and graded
area approximately 18" above the pre-existing grade with seed and
mul ch over the entire fi 11 ed area as well as any other areas
affected by the grading operation. Upon future development of the
site the fill material would be moved and used in landscaped areas
or other sites where no paving or buildings would be placed.
This particul ar variance request presents a special condi tion
whereby the fill area, although within a waterfront parcel, has no
association with an existing or proposed canal, watercourse, lake,
stream, drainage way or channel. Yet a literal interpretation of
the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties. There are no special
condi tions and circumstances resul ting from the action of the
applicant.
JAMES E. NEUHAUS, Inc.
Consulting Engineers, SUNeyors, Planners
11911 U.S. Hignway One, Suite 120 Palm Beach Gardens, Florida 33408 Tel. 407/622.1300 Fax 407/622.1428
$1
The granting of the above requested variance will not confer on the
applicant any special privilege that is denied by this ordinance to
other lands.
At tached is a variance appl ication fee check in the amount of
$400.00 along with a sketch showing the approximate location of the
existing fill as well as the proposed improvement work that would
be done upon granting of this variance request.
It is our understanding that this variance request will be heard
August 3 . Please rovide a confirmation notice of the time
and ate once you processed our request.
P.E.
Vice
Enc:
cc: Bob Cook
July 19, 1993
Vince Finizio, Deputy City Engineer
City of Boynton Beach
Engineering Department
100 E. Boynton Beach Blvd., P.O.Box 310
Boynton Beach, FL 33425-0310
RE: Via Lago
Fax Copy
Original by Hail
Dear Mr. Firiizio,
As you requested during our July 16, 1993 telephone discussion we
are providin9 the following supplement to our variance request.
The technical wording in section 4 (permits) references
construction plans being prepared "... before any work may be done
to modify existing lands. or to develop, alter or change such water
courses. . .". There has been no attempt to modify existino- lands,
nor have and watercourses been developed, altered or changed. The
small amount of fill recently brouqht onto the site is intended for
use in the future development of the site where it will be moved
and placed at various landscape areas throughout the sitG. The
existing location of the fill is temporary and will be dre~sad down
neatly then covered uith seed and mulch.
Since no pe~anent filling or development of the land has ooourred
we feel that the literal interpretation of the provisions of this
ordinance would deprived the applicant of dg-hts commonly enjoyed
by olhers. We aqree that the placement of the future land~~ape
mae.rial should be reviewed and approved by the city but ~hould not
require development construction plans for the site.
Th,Cl speoial oondi tions and circumstanoes. in thi:;, ca~e are 0_ re:.ul t
of the property not being developed of modified and are not a
result the aotiori of the ~pplic8nt.
since there is no reque=t for development or modification of the
property, 9'r~nting of the varianoe reque~ted will nct confer en the
Gp~lie~nt an ecial privilege that i~ denied by this ordinance to
oth~:s.
./
P.E.
v11,e
cc: Bob Cook JAMES E. NEUHAUS, Inc.
Consulting engineers, SUlVevors, Plonners
11911 U,$. Highwcv One, Svite 120 Palm Seca, Gcrdens, Florida 33408 Tel. 4071622.1300 Fox 407/6221428
BOY~TON BEACH POLICE DEP~~TMENT
CODE ENFORCEMENT UNIT
P.O.BOX 310
BOYNTON BEACH. FL. 33435-0310
407-738-7482
COURTESY LETTER
7/15/93
A J INC
538 RUTILE DRIVE
PONTE VEDRA BEACH FL 32082
DEAR RESIDENT:
DURING A ROUTINE INSPECTION, I NOTICED THE FOLLOWING:
BOYNTON BEACH CODE OF ORDINANCES. APPENDIX C-SUBDIVISIONS, PLATTING
ARTICLE XIV SECTION 4.A "SEE ATTACHED"
LAND FILL WITHOUT PERMITS. PLEASE COMPLY THE ABOVE VIOLATION
AS PER CITY CODES.
07/14/93 - ORIGINAL VIOLATION DATE BY JM {CLl
NOTICE ALSO TO: FREDERICO EQUIPMENT CO ALSO TO:
917 ALLAMANDA DRIVE
DEL RAY BEACH FL 33483
XC: V FINIZIO- DEPUTY CITY ENGINEER
ROBERT B ~COOK. ATTY
11911 US;!: STE 308
NO PALH.BEACH FL 33408
LOCATION OF VIOLATION:
LAKE
ST
THE INTENTION AT THIS TIME IS SIMPL:r-T~>NbTIFt:, Yq(j THAT_ A VIOLATION OF THE
CITY OF BOYNTON BEACH CODE OFORD.I:~~NCES 'dDOE,S _ EXIST AT YOUR ADDRES S.
'-~"':'~:~~'~}~,~-:r-;..~~~:~~,.....:::r.7:'>' ;' '.
A REINSPECTION OF THE PREMISES WILL BE MADE ON
8/14/93.
COMPLIANCE WITHIN THIS TIME PERIOD WILL AVOID THE NEED FOR ANY FORMAL
ACTION BY THE BOYNTON BEACH POLICE DEPARTMENT CODE ENFORCEMENT UNIT.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
SINCERELY,
JOAN MORMELO
COURTESY NUMBER: 93-20002699
~;J
,-
I:;.N.~J.N.!;;!;;.RJN.G..._..Q.!;:.e.Afn.M.!;:N.I......M.!;:.MQ.RAN.P.w..M.
To: Richard Staudinger~
Gee 81. Jenson
P.E.
January
1"")'""7.
...:....:..~
1992
From: Vincent A. Finizio
Administrative Coordinator of Engineering
Re: Your Memo Dated January 15~ 1992
Agenda Item Created by Administrative Coordinator of Engr.
Via Lago Time Extension for Required Improvement(s)
On January 22~ 1992 the Engineering Department received the above
referenced memo and herein provides the following information for
entry into public record, as your memo misrepresents the facts in
this matter. The facts are as follows:
1. In your presence and pr i or to the generati on of the subj ect
agenda item (Engr. Memo #92-006) a meeting was held with the TRB
members who are responsible for review of the applicants request
for a time extension.
2. All TRB members present at the aforementioned meeting
(including yourself) rendered a favorable recommendation for the
granting of a time extension as further evidenced by your public
statements during the Commission meeting of January 21~ 1992
wherein you stated you recommended approval of the requested time
e:-: tensi on.
~. During the subject meeting with the applicant, you directed
the applicant to transmit his time extension request to me for
the creation of the very agenda item you now protest.
4. According to Appendi~.: "C" (as referenced in your memo) page
2091, "definitions", the TRB is compJ~ised of various Depal~tment
Heads which include the City Engineer or his Q.~.l..ty'._._.!.~q.t:.h.QF.:j..;..~.g.
r.:._~_P.r.:J~.2.~n.t~t....ty_l;'" that bei ng the undersi gned. I have been a full
member of the TRB for years, via an appointment by the City
Manager, authorizing me to perform as your representative.
(Reference your response to Mr. Fetrow) As a TRB member and a
duly authorized representative of the City Engineer, I have
created numerous agenda items for Commission consideration of
platting and construction time extensions without complaints
from anyone~ until today when I received your complaint.
5. The City Manager received the agenda item (as did you) many
days in advance of the Commission meeting and both of you had
more than a reasonable opportunity to disallow the placement of
the subject item on last nights Commission agenda. I do not
control what items are placed on the Commission's agenda. That
has always been the function of the City Manager and I therefore
conclude that he approved of my memo.
Had he not approved of the agenda item during his normal in-depth
review of agenda items, he would have disregarded it and
transmitted it back to me, instead he solicited a review of my
memo from other Department Heads who also recommended approval of
the time extension without an objection from you.
In all fairness, it should be noted that :tb_~......f.:..L~.D.D.t..lJg...J:)j.r..~.f::.j::..Q.r.__.....t?.
IJ.Qt.._..._th.C?_......GJ...:!;y..J;..!J_g..t.IJ.~..~r.. and it is my understandi ng that you have
not transmitted a similar memo to Mr-. Cutro objecting to his
rendering of a recommendation to approve the time extension.
(See Planning Memorandum No. 92-010)
I do not understand why you continue to level adverse attacks
upon my performance and I herein request that you immediately
cepse your actions in this regard. End of Memo
l_l'
~~.
~ A_A. _____-'-
cc:
J. Scott Miller, City Manager
Christopher Cutro, Planning Director
Don Jaeger, Building Official
RECREATION & PARK MEMORANDUM *92-17
r:.~l'"
i
FROM:
J. Scott Miller, City Manager
Charles C. Frederick, Director (L~
Recreation & Park Department
TO:
RE:
Via Lago Plat #1: Letter of Request
Dated 1/9/92 From Joseph Legan
DATE:
January 16, 1992
Per your request for a response to the letter of request from
Joseph Legan regarding the Via Lago Plat. #1 development, the
following comments are provided:
1. Department staff have been in contact with past and current
owners and their representatives over the past several
months regarding the issue of the recreation fee and
recreation amenities required for this project.
2. Staff has no objection to 'the acceptance of a bond to cover
the $17,285 of one-half credit previously granted the
project. The Commission may desire to place a time limit on
how long the bond will be allowed to remain in effect to
insure completion of the recreation amenities.
3. It should be recognized that the original one-half credit of
$17,285 was calculated only for the first 24 units of Plat
#1.
The developer will be responsible for paying an additional
recreational fee for the number of units provided in future
phases. The fee will be based on a current appraisal or
bill of sale for the property and any approval of half
credit for this fee will be dependent upon the recreation
amenities provided in the revised master plan for future
phases.
4. To date, this department has received no complaints
regarding lack of recreation amenities provided in Plat #1
and due to the small number of units currently constructed,
the burden placed on public facilities is minimal.
l{,EC.~~IYED
JAN .t 6
PL.Ar~Nji\lG DEPT'I
Page 2 of 2......................................................
SUMMARY:
The bond should adequately protect the City's position for Plat
#1 recreation requirements. If the current developer follows
through with the revised master plan for Plat #2 and improves the
private recreation amenities, the development will be better
served. If this does not take place, the developer will still
owe the additional recreation fee for Plat #2 whenever the plat
is submitted and approved.
CF:ad
CC: Richard Staudinger, Consulting City Engineer
John Wildner, Parks Superintendent
vChris Cutro, Planning Director
PLANNING DEPARTMENT MEMORANDUM NO. 92-010
TO: J. Scott Miller, city Manager
FROM: Christopher Cutro, Planning Director'~~
DATE: January 15, 1992
SUBJECT: Via Lago
As you requested, I have reviewed the memorandum written to
you by the Administrative Coordinator of Engineering regarding
Via Lago.
As the Planning and Zoning Director, I believe that the
extension to allow the completion of the infrastructure should be
granted. For the most part, the infrastructure is completed, but
some work must be done to bring existing improvements up to the
point of being acceptable to the City. In granting such an
extension, the applicant would also be able to go forward with
construction of the final buildi~g in Phase 1.
Regarding the recreation fee, I disagree strongly with
Mr. Finizio. The overall project is 66 units of which only the
first phase is nearly complete. Amendments to phased
developments often take place between phases. The posting of a
bond for $17,285 to allow the developer time to amend phase two
of the development to include the recreational amenities is
acceptable in my opinion. The worst case scenario is that the
City gets $17,285 that is use~ to build public recreation
improvements or private recreation facilities for phase one of
Via Lago. As indicated, the Parks and Recreation Department is
willing to accept such a bond and based on their expertise in the
field I would support their position.
I hope this memo is of some help to you. If you should have
any questions, please feel free to call me.
CC/jm
A:PM92-010.JM
cr~
-
ENGINEERING DEPARTMENT MINUTES
VIA LAGO PLAT #1 ONLY
MEETING DATE 01/02/92
Present: W. Richard Staudinger, P.E., Gee & Jenson
Joseph Legan, Shepherd Legan Aldrian
Curtis O"Rourke, Shepherd Legan Aldrian
Alan Tarpell, BHD Properties
Jim Neuhaus, James E. Neuhaus, Inc.
Dennis Stevenson, James E. Neuhaus, Inc.
Kevin J. Hallahan, City Forester
Christopher Cutro, Planning Director
John Wildner, Parks Supt.
Vincent A. Finizio, Admin. Coord. Engr.
.,,~~
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1. Propcsed multifamily structure will be marke'~ed by developer
as condominiums.
_. Applicant may submit plans for plans review and applicant
(Legan) understands and agrees that no City permits will be
issued until full compliance with City subdivision and Platting
Regulations is attained including the City Commission"s
consideration of the following matters:
a. Expiration of the Required improvements construction time
interval with consideration of a time extension.
b. Outstanding Recreation fees (approx. $18,000.00) and/or the
status of recreation elements not yet constructed.
c. Variances as may be applied for reference the in-place
stormwater drainage system which does not comply with approved
plans and minimum City standc:lI~ds after the "Developer's Engineer"
provides the City Engineer with a plan of action for appropriate
remedies.
d. The applicant shall provide the Planning Director and City
Engineer with condominium documents.
e. A tree survey and relocation plan shall be submitted to Kevin
Hallahan, City Forester prior to final sign-off of plans.
f. The "Developer" s Engineer""
existing roadway(s) and street
Plat #1 and formulate a plan
defects, omissions etc.
shall provide an analysis of the
lighting systemCs) within Via Lago
of action for correcting damage,
g. "Developer-"s Engineer-" shall be r-esponsible to cel~tify
r-equir-ed subdivision impr-ovements, including the submission of
all associated geotechnical test data and other engineer-ing data
and calculations as deemed necessar-y by the City Engineer.
END F'AGE l OF :2
Vi a I_ago PI at #1
01/02/92 Meeting Minutes
Cont'd
Page .' of _
h. Performance bonds or other surety may be required by
Engineer to ensure compliance with applicable City
ordinances.
the City
code of
i. Applicant shall coordinate development actions with the
homeowners association should a homeowners association exist.
j. If reqLli red by
process all "Master
Department.
the Planning Director~ the applicant shall
Plan" modifications through the Planning
k. The applicant !'hall comply ~'\!ith the criteria set forth ltJithin
the w. Richard StaLldinger~ P.E. letter dated November 7~ 1991 to
Joseph Legan, titled "Via Lago~ Plat #1 - Dr-ainage Issues".
END OF MINUTES
l )~:"~&R ~~~lt:'-
Vincent A. Finizio
Administrative Coordin -or of Engineering
01/03/92
cc: J. Scott Miller~ City Manager
At.tendees
MEMORANDUM
TO: Vincent Finizio, Administrative coord. of Engineering
~~
THRU: Christopher Cutro, Planning Director
FROM: Tambri J. Heyden, Senior planner
DATE: June 19, 1991
SUBJECT: Via Lago, Plat No. 2 - File No. 583
Preliminary Plat (2nd Resubmission)
Regarding the above-referenced request,' please be advised that
the Planning Department has no comments. However, comment #5
from my memorandum dated May 6, 1991 (copy attached) relative to
the parks and recreation impact fee, remains outstanding.
Resolution of this issue is being coordinated by the Recreation
and Parks Department. Recreation and Park Memorandum #91-246 has
already been transmitted to you which itemizes the applicant's
responsibility regarding this outstanding issue.
,---
.d~'-ffa ~~ /
Tambri J. H den
tjh
A:ViaLagR2
xc: Chronological File
BUILDING DEPARTMENT
MEMORANDUM NO. 91-234
June 17, 1991
TO: Vincent Finizio, Admin. Coordinator of Engineering
THRU: Don Jaeger, Building & Zoning Director~
FROM: Michael E. Haag, Zoning & Site Development Administrator
RE: TRB Comments - June 13, 1991 Meeting
PRELIMINARY PLAT - VIA LAGO, PLAT #2
Upon review of the above mentioned project, the following list of
comments have been provided as a courtesy with the applicant's
full knowledge that there will be a full review made when the
project is placed on a future Technical Review Board agenda.
1. Incorporate into your submittal a copy of the approved
Master Plan for the entire project.
2. Include the following statement within the note section of
the plat documents:
Building setbacks shall be as required by the City of
Boynton Beach Zoning Code.
[Appendix C, Article VIII, Section 6 D 10]
Christopher Cutro
.
r'".~--: -~ '
,.!lil\f 1 D
It....
,
, ,
- "-"-_. '-~
RECREATION & PARK MEMORANDUM *91-246
TO:
Vincent Finizio
Administrative Coordinator of Engineering
FROM:
Charles C. Frederick, Director
Recreation & Park Department
Q~if
RE:
Via Lago - Preliminary Plat No. 2 (Resubmittal)
DATE:
June 13, 1991
In response to the T.R.B. meeting held on June 13, 1991 regarding
the above subject, Recreation and Park Memorandum #91-169 dated
May I, 1991, remains in effect in accordance with appendix
C-Subdivision, Platting, Article IX, Section 8, Parks and
Recreation areas. --
As the developer's representative indicated at this T.R.B.
meeting that they intend to pay 100% of fees due and not apply
for one-half credit by providing private recreation facilities, --
the following should occur:
1. The developer shall pay the City $17,285 to cover the
remaining one-half of the recreation dedication fee for Plat
#1 as the private recreation facilities required on the
Master Plan were not completed.
2. The developer shall pay 100% of the recreation dedication
fee for Plat #2. This fee shall be determined based on the
fair market value of the land as established by the Planning
and Zoning Board utilizing the formula as provided in the
code.
3. It is recommended that the developer provide the Planning
and Zoning Board a current (within six months) appraisal of
the property or bill of sale of the property to assist the
Board in determining fair market value.
CCF:ad
MEMORANDUM
TO:
Vincent Finizio, Administrative Coord. of Engineering
C~~her ~, Planning Director
THRU:
FROM:
Tambri J. Heyden, Senior Planner
DATE:
May 6, 1991
SUBJ:
Via Lago, Plat No. 2 - File No. 583
Preliminary Plat (Resubmittal)
Please be advised of the Planning Department's comments with
respect to the resubmittal of the above-referenced request:
Comments from March 4, 1991 Planning Department memorandum:
1. Has been addressed.
2. Has been addressed, since develo~er intends to build the
units as per approved site plans.on file in the Building
Department.
3. Has been addressed.
4. Has been addressed. If single family lots are desired in
the future, a replat will be required.
5. Has an appraisal been done? This will be needed to
determine the parks and recreation impact fee prior to
forwarding this request to the Planning and Zoning Board.
Is partial credit towards the parks and recreation fee
desired? If not, 1/2 half the parks and recreation fee for
plat 1 must be paid, since the parks and recreation fee paid
for plat 1 was based on partial credit and assumed that some
of the minimum five amenities required to be provided to
quality for partial credit were to be located within plat 2.
If partial credit is desired, detailed plans which itemize
and locate the amenities must be submitted.
Additional comments based on resubmitted plans:
6. Revise note #4 on the plat cover sheet notes to refer to the
condominium association.
7. Add to the "Tract B" verbiage on the plat cover sheet that
this a.rea must be preserved and cannot~ altered~w.thout .
the approval of the City. J~Q:._
Tambri J. ~Yden
tjh
A:ViaLagRe
xc: Chronological File
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RECREATION & PARK MEMORANDUM #91-169
TO:
Vincent Finnizio
Administrative Coordinator of Engineering
John Wildner, Parks Superintendent .~~
Via Lago, Preliminary Plat No. 2 (~~bmittal)
FROM:
RE:
DATE:
May 1, 1991
The Recreation & Park Department has reviewed the resubmittal' for
Via Lago, Plat No.2. All comments contained in Recreation &
Park Memorandum #91-073 (attached) remains in effect, in
accordance with Appendix C-Subdivisions, Platting, Article IX,
Section 8, (pages 2120-2126) Parks and Recreation areas.
The applicant has verbally indicated that he intends to pay the
remaining one-half of the recreation impact fee for Plat #1
($17,285) and the full recreation impact fee for Plat #2 (based
on a current appraisal of the Plat #2 property). If this is
still his intention, he must make the necessary arrangements
with the Engineering Department.
The applicant still has the option of providing five recreational
elements as listed in the Master Plan on file and apply for
one-half credit towards the recreation impact fee for Plat #2.
JW:ad
CC: ~harles C. Frederick, Director, Recreation & Park Dept.
JChris Cutro, Planning Director
RECEIVED
MAY 2 q (
PLANNING DEPT.
BUILDING DEPARTMENT
MEMORANDUM NO. 91-167
April 29, 1991
FROM:
Vincent Finizio, Admin. Coord. of Engineering
Don Jaeger, Building & Zoning Director ~ \
Michael E. Haag, Zoning & Site Developm!nt Administrator
TO:
THRU:
RE:
TRB Comments - April 30, 1991 Meeting
PRELIMINARY PLAT - VIA LAGO, PLAT #2
Upon review of the above mentioned project, the following list of
comments have been provided as a courtesy with the applicant's
full knowledge that there will be a full review made when the
project is placed on a future Technical Review Board agenda.
1. Provide a copy of the approved Master Plan for the entire
project.
2. Specify the dedications for Tracts C, D and E.
Please include the following statement within the note section of
the plat document:
Building setbacks shall be as required by the city of
Boynton Beach Zoning Code.
CC: Christopher Cutro
.
.
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----.-
RECREATION , PARK MEMORANDUM '91-073
RE:
Vince Finizio
Administrative Coordinator of Engineering
John Wildner, Parks superintendent ~
Via Lago (Preliminary Plat 2) 01-
TO:
FROM:
DATE:
March 6, 1991
The Recreation and Park Department has reviewed the Preliminary
Plat 2 for Via Lago Subdivision. The following comments are
submitted:
1. The master plan on file in the Engineering Department
indicates the following recreation elements to be provided
as part of the application for one-half credit towards the
recreation dedication requirement:
A. Central swimming pool
B. One mile exercise course
C. Boat dock and fishing facility
D. Walking gardens and gazebos
E. Beach
2. The Preliminary Plat 2 documents submitted did not show any
of these elements.
3. Records in the Finance Department and City Clerk's Office
show that Via Lago paid a recreation impact fee of $17,285,
based on one-half credit for private recreation provided,
for 24 units of Plat 1 only.
4. An inspection of the Subdivision location indicates that the
above listed private recreation elements were either not
provided or in extremely poor repair. In order to continue
to qualify for one-half credit towards the recreation impact
fee, the applicant must:
A. Provide the listed recreation elements as shown on
the master plan.
B. Or, pay the remaining $17,285 for Plat #1
C. Submit a current appraisal for Plat #2 and either
pay the full recreation impact fee or provide the
five private recreation elements listed and pay
one-half the impact fee for Plat 2 based on the
new appraisal.
RECEIVE11
MAR () en
PLANNING DiYr.
-----.
5. An alternative for the applicant would be to revise the
master plan to show private recreation elements suitable for
current market conditions and actually provide them in order
to remain eligible for one-half credit on Plat 1, as well as
for Plat 2.
CC: yharles C. Frederick, Director, Recreation & Park Dept.
/Chris Cutro, Planning Director
JW: ad
RECEIVED
MAR 6 q~
PLANNING DEPi.
RECREATION & PARK MEMORANDUM '91-072
TO:
Chris Cutro
Planning Director
l%1k
FROM:
Kevin J. Hallahan
Forester/Environmentalist
RE: Via Lago - Site Plan
DATE: March 6, 1991
1. The applicant must submit a tree survey and a tree
management plan.
KJH:ad
,/
,/
.,
RECEIVED
MAR 6,.1(
, .
, PLANNING . DEPT.
..
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MEMORANDUM
TO: Vincent Finizio, Administrative Coordinator of Engineering
r and Insp~~tions
.~~
THRU: Christopher cutro, Planning Director
FROM: Tambri J. Heyden, Assistant City Plan~er
DATE: March 4, 1991
SUBJ: Via Lago, Plat No. 2 - File No. 583
Preliminary Plat
please be advised of the Planning Department's comments with
respect to the above-referenced request:
1. Add a note to the plat cover sheet that the total number of
units for Via Lago, Plats 1 and 2, will not exceed 66 units.
2. If it is the intent to design and construct the units,
garages, roads and parking areas within plat 2 other than as
depicted on the permit drawings on file in the Building
Department, a site plan modification will need to be filed
with the Planning Department.
3. It is strongly recommended that all paving and drainage
areas, even the driveways to the unit clusters, be under the
common ownership of, and maintained by the Via Lago, Plat 2
Homeowners' Association. It is anticipated that the
maintenance arrangement proposed, three unit owners
maintaining the paved areas within a lot, will present
problems. (See also note #4 below.)
4. The lot layout proposed, three multifamily units
(condominiums?), attached garage building and common paved
areas per lot, does not meet the minimum building and site
regulations set forth in Appendix A - Zoning, Section 5.G.2.
for the R-3 zoning district. The area within this plat
does not have to be subdivided into individual lots, but can
be submitted as a boundary plat with the lands within the
plat owned in common and maintained by the association, as
was done in plat 1.
5. According to documents submitted with the original master
plan for phases I, II and III and the preliminary plat for
plat 1, the recreational amenities that were to be provided
to receive 1/2 credit towards the recreation and parks
dedication requirement are a sw~m ng pool (including a
bathhouse facility with spa, sau bath, c?vered wet bar and
barbecue), boat dock, vita-cour e exercise trail, and foot
paths through the gardens and/gazebo. Of these, concrete
gazebos along the footpaths, one-half of the vita-course
exercise trail and stations, footpaths winding through the
/
/
TO: Vincent Finizio
-2-
March 4, 1991
cont'd.
5. botanical gardens, a sidewalk and benches along the
footpaths to be used as quiet areas were the recreation
improvements to be constructed within phase I. No amenities
are shown on the drawings submitted. Indicate these
amenities on the construction plans or five other amenities
intended to qualify for 1/2 credit as waS given towards plat
1.
Assuming that the criteria for 1/2 credit will be met, a fee
equivalent to the fair market value of .315 acres (.015
acres per unit x 42 units x 1/2) is to be, paid, in lieu of
land dedication due to the small dedication requirement, at
the time of filing the final plat. This fee is to be
determined by the Planning and Zoning Board at the time of
filing of the preliminary plat. A copy of the purchase
contract or an M.A.I. certified appraisal should be
submitted to this office prior to review by the Planning and
Zoning Board so that the appropriate land value can be
determined by staff and included in the report to the
Planning and Zoning Board. Otherwise, the fair market value
must be determined by the Planning and Zoning Board without
a recommendation from staff. If the latter occurs, the
subdivider may then contest the value by submitting an
appraisal if he feels the value has been set too high.
J~~~
Tambri J. y~en .
tjh
A:ViaLag02
xc: Chronological file
/
/
"
RECEIVED
r
BUILDING DEPARTMENT
MEMORANDUM NO. 91-74
... 4 ql
PLANNiNG DEPT.
March 1, 1991
-
-
FROM:
Christopher Cutro, Planning Director
Don Jaeqer, Bu11d1nq & Zon1nq D1rector~
Michael E. Haag, Zoning & Site Development Administrator
TO:
THRU:
RE:
TRB Comments - February 26, 1991 Meeting
PRELIMINARY PLAT - VIA LAGO, PLAT 2
Upon review of the above mentioned project, the following list of
comments have been provided as a courtesy with the applicant's
full knowledge that there will be a full review made when the
project is placed on a future Technical Review Board agenda.
Please include the following statements within the note section
of the plat document:
1. Building setbacks shall be as required by the city of
Boynton Beach Zoning Code.
2. There shall be no buildings or any type of construction,
including trees or shrubs, placed on drainage or utility
easements (water and sewer).
3. Approval of landscaping on utility easements other than
water and sewer shall be only with approval of all utilities
occupying same.
f1mtOJH\NDUrt
Ut 1 lIt 1 r':, tt 91 - 1 01
F HCH t :
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7\drnlnl';tl'''1tlv(' Coor-d11li"\t.or l'f ":nqllH'''1 Ing
.J n 1111 7\. G 1 I i f lr Y , \~ /'
1111 "c-t,Ol' of Uti1itlp!; \~.)
F"bru,""y 27, 1991
TO:
pl\Tr: :
;,\In.lp~T: 'IRR Hnvi('vJ - Via Lago Plat ')
11111"'1 nf "pprnvi"ll, \"J" offer th" fo11ovdng comrn"nt~ on this
pi 0 j r ,'t :
1. 7\,1(1;'1 r.ccond vi"\lvf~ on 1'\11 hydrant lin(>~ wh('nr>ver the
hydlAnt 1 r. qrf~r-tt(~r th",n 20 feet from the m",in line.
;:>. ;,how ,'111 lItility Pel5('111",,,t.5. r-lintmurn 12' width or
twier> dnpth of plpp. whichever if; greater.
1. J1I<11('"t.0 loctltlon5 of Welter m<'10r5 on <;ltp. plrtn!;.
Loc",tlml of \"Jater meters in paved areas is not
c]csir",b1c.
1]. Nnw Hi"lt(~r mi"lill:, 6" alld 1al'g01" 511-'111 br:> cle[ln('d Hith
~oft-slc1('d ';",,'ab, prior t.o t.esting, two pfl!;Se5. Please
affix this note to the plans.
5. Water servic0s with either end under pavement are to be
of T)'p(~ f~ COP['''I-.
n. Jt'rigation Is not to be supplipd by City water.
7. r.v.c. <;lPPvr> is required on water services running
unc1pr pavr>mpnt s .
8. ;,p....cify coring, full wil.11 th1cl01e55 where new sanitary
sewprs enter existing manholes.
9. l\dd a note that the City will own and maintain main line
5 ('1...(> r s on I y.
10. 2. PC'llm Bp.ach County Heal th Department permi ts are
rf'ql.llrr>d.
RECEIVED
MAR 4 ~ {
PLANNli~G 0'" T
t.fJ I.
.....
-
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r rlCJ (l 1 0 f 2
11. Decrease angle of intersection by adding a manhole in
lieu of connection in existing manhole on the S.W.
corner of site.
12. Adjust hydrant locations to provide greater clearance to
buildings and turn hydrant piping 90 so the flow is
away from the building in event of knock down.
13. Specify utility easements. Note on Tract "A"
insufficient. Specify by note or design a minimum 5'
separation to other underground utilities.
14. Provide note that homeowners association is
responsible for replacement of pavements damaged by
our utility due to installation, repair, maintenance or
replacement.
15. Add a gate valve to the main line pipe near hydrant #2.
16. Show meter size and number per building.
gb
xc: Christopher Cutro
Michael Kazunas
File
Page 2 of 2
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AGENDA
PLANNING AND ZONING BOARD
Regular Meeting
DATE: August 28th, 1979
TIME: 7:30 P.M.
PLACE: Council Chambers
City Hall
---------------------------------------------------------------------
Acknowledgement of Members and Visitors.
Reading and Approving of Minutes.
Announcements.
Communications.
Old Business:
6. New Business:
Site Plan Approval:
1. Applicant: The 1700 Development Corp. (Tim Greene, agent)
Location: Lake Street (behind Bernard's Restaurant)
Legal
Description:See Survey
Project
Description: 66 unit Condominium 11.29 acres
PROJECT NAME: VIA LAGO
/
j
MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD
AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 28, 1979
PRESENT
Arnold Thompson, Chairman
Lillian Bond
Ezell Hester
Caesar Mauti
Si man Ryder
Carmen Annunziato, City Planner
ABSENT
Fred DiSalle, Vice Chairman (Excused)
Gene Johnson (Excused)
Chairman Thompson welcomed everyone and called the meeting to
order at 7:30 P. M.
MINUTES OF AUGUST 14, 1979
Mrs. Bond moved to approve the minutes, seconded by Mr. Hester.
Motion carried 5-0.
ANNOUNCEMENTS
Mr. Annunziato announced the second public hearing was held on
the Comprehensive Plan at the last City Council meeting and it
was adopted 4- O.
NEW BUSINESS
Site Plan Approval
Applicant:
Location:
Project
Description:
Project Name:
The 1700 Development Corp. (Tim Greene, Agent)
Lake Street (behind Bernard's Restaurant)
66 unit Condominium, 11.29 acres
Via Lago
Chairman Thompson requested Mr. Annunziato to give a description
of the project. Mr. Annunziato informed the Board this is a 66
unit condominium located behind Bernard's Restaurant. He then
described the six different type units varying from one to three
stories. The approximate price range is $105,000 to $155,000.
The net density is 8.55 units per acre. This project will be
served by City sewer and water. There are two entranceways, both
from Lake Street, and the south half of Lake Street, a 25' right-
of-way, will have to be dedicated when this property is platted.
Mr. Tim Greene, Agent and Developer for the 1700 Development Corp.,
told about this being a unique site with valuable vegetation which
they have saved or relocated. He then explained the architectural
MINUTES - PLANNING & ZONING BOARD
AUGUST 28, 1979
concept. He stated there will be common recreation areas, docks,
exercise area, pool, walking gardens, etc. Their plans are to
build in three phases as noted on the drawing. He will be glad
to answer any questions.
Mrs. Bond questioned what was proposed for the area to the west
and Mr. Greene explained that the entire property will be surrounded
by a 6' concrete wall which will be planted with vines and ground
cover. He explained how they were trying to create a self-contained
club-like atmosphere in concept. Mr. Annunziato referred to this
not being shown on the plan and Mr. Greene replied that it is noted
in the notes and this was discussed originally, but they had to
check the elevations. After the preliminary site work was done,
this was noted.
Mr. Ryder referred to Lake Street terminating and stated normally
a turn-around is shown at the end and Mr. Greene explained that
Lake Street was extended so the entrance would be 600' from it.
Mr. Ryder clarified that he was referring to the termination and
not the extension and Mr. Greene replied that he did not have a
solution for that. Mr. Annunziato suggested the proper signs
indicating a dead end would alleviate this problem. He added
it was not necessary to construct a cul-de-sac with this short
street length. Mr. Greene added that it is a minimally traveled
road. Mr. Ryder stated the residents have access from Lake Street
and the street to the north and Mr. Greene agreed, plus there is
access to the City park where there is an outlet to Federal High-
way.
Mrs. Bond questioned where additional guest parking would be and
Mr. Greene informed her that two parking spaces per unit are
provided with the garage and in addition, there will be driveways
from the paved roads which would accommodate guests in front of
the garages.
Chairman Thompson requested the staff comments to be read. Mr.
Annunziato read the memo from Mr. Howell, Building Official,
listing the following comments:
1. Show sidewalks on Lake Street.
2. 25% of the apartments in each building must be accessible
for handicapped personnel.
3. 25% for parking for each building must be handicapped.
4. Water Management approval required.
5. Health Department approval required.
6. Show setback dimensions from property lines, between
buildings, etc.
Mr. Annunziato then read the following comments from Mr. Tom
Clark, City Engineer:
1. I recommend platting.
2. Cul-de-sac should have a 40 ft. paving radius.
3. Commercial property should be included in the plat and an
easement should be indicated for the west entrance roadway.
4. Setbacks and clearances should be shown on all buildings.
-2-
MINUTES - PLANNING & ZONING BOARD
AUGUST 28, 1979
Mr. Annunziato advised the Utility Director indicates the ingress,
egress and utility easement should be increased to 35'. The Police
Department has noted outside lighting. The Public Works Department
has noted the dumpster to be relocated from the northeast corner
since it is shown in the right-of-way to be dedicated. His com-
ments are that platting is required, driveways to be shown, and
D.E.R. approval is required for emergency outflow. He then read
the following recommendation from Mr. Charles C. Frederick, Parks &
Recreation Director: "Based on the Subdivision Regulations, the
recreation dedication requirement for subject development is .99
acres (.015 x 66 units). He recommends ~ credit be given for pri-
vate recreation provisions, thus reducing the requirement to .495
acres. He recommends further that fee in lieu of land be r~quired
as outlined in regulations." Mr. Annunziato advised the recommenda-
tion is the plan be approved subject to these comments.
Mr. Mauti asked Mr. Greene if he had received these staff comments
and Mr. Greene replied that he received three of the comments
and had discussions with Mr. Annunziato and Mr. Clark. They are
minor problems which can be resolved. Mr. Mauti clarified that
he had no objections to the staff comments and Mr. Greene agreed.
Chairman Thompson asked if the home ownership of these units
would be fee simple and Mr. Greene informed him it would be a
condominium association with the land conveyed to the association
for maintenance.
Mr. Mauti made a motion to approve this plan subject to staff com-
ments, seconded by Mr. Hester. Motion carried 5-0.
OTHER
Mr. Annunziato informed the Board that Mr. Perry Cessna has re-
joined the staff which the staff is real pleased about. Mr.
Cessna was valuable when he left and valuable to be back.
La Riva Restaurant
Mr. Mauti referred to the plans for the La Riva Restaurant and
told about being called and advised that the Community Appear-
ance Board is against this Board's recommendations. Our appro-
val was subj ec t to staff comments including those from Mr.
Ryder regarding sidewalks, lighting, and the parking area to be
moved back 5' for safety purposes. He understands when this plan
went to the Community Appearance Board, it was turned down because
they did not want the parking lot where we did. Mr. Annunziato
replied that his understanding is Mr. Davis interpreted the
Board's meaning to expand the easternmost parking bay to the
point where it cut into the landscaped area along the Intracoastal
and this formed a conflict between the two Boards. He does not
think expanding the one area 5' for trucks was interpreted cor-
rectly. It was a major alteration and this was a point of conten-
tion. Additionally, the Community Appearance Board felt this
-3-
MINUTES - PLANNING & ZONING BOARD
AUGUST 28, 1979
restaurant was not separate from the entire shopping center and
they requested additional landscaping in the shopping center pro-
per. The applicant was informed and he is awaiting a response.
Mr. Mauti referred to the parking being tight at the entrance and
stated the recommendation was to move that portion back. Also,
he heard the Community Appearance Board suggested some of the
parking should be omitted. Our comment was based on the safety
of that turn-around where it was adjacent to the front door of
the restaurant. Mr. Annunziato clarified the recommendation was
to expand the parking area only at the northeast corner of K-Mart
and not all along the back, but the modified plan showed the park-
ing expanded all along the east side of K-Mart. Mr. Mauti clari-
fied it was about 28 to 30' where the entrance to the restaurant
was and at the corner of the building for a turn-around for trucks.
Mr. Mauti then asked who has the authority to eliminate any park-
ing and Mr. Annunziato replied the Board of Adjustment.
Mr. Mauti advised the Community Appearance Board requested
the parking to be positioned where it was or some taken out. Mr.
Annunziato advised the way the modified plan was presented to the
Community Appearance Board caused some confusion. Maybe their
intent was if the total parking was counted, possibly all this
parking was not needed. Mr. Ryder stated we requested the parking
be counted to see what the allocation was. Mr. Annunziato con-
tinued that the intention of the Community Appearance Board was
if parking was not needed, there could be beautification along the
Intracoastal. However, only the Board of Adjustment can grant a
variance for less parking.
Mr. Mauti clarified that by making the 25' road going in 35 to 40',
it would be safer. Mr. Annunziato informed him this was inter-
preted by the applicant to mean the entire east side of the plaza.
He will discuss this again with Mr. Davis. He thinks the proper
route would be to re-allocate parking and do a parking assignment
They can make the northeast corner open with paving for trucks
turning, provide sidewalks and do landscaping in the shopping
complex proper.
Mr. Mauti stated he thinks our recommendations were right and
Mr. Ryder added that at the beginning, he had in mind to table
this and get these questions answered, but the motion was to
approve subject to these things. However, no time has been saved
and they will have to come back with the answers to the questions.
Mr. Annunziato clarified that the Boards are not in disagreement,
but the applicant must respond in more detail.
ADJOURNMENT
Mr. Mauti moved to adjourn, seconded by Mrs. Bond. Motion carried
5-0 and the meeting was properly adjourned at 7:55 P. M.
h~99( ~
Suzanne M. Kruse, Recording Secretary
(One Tape)
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