Blueheart Adult Day Care COUS-2024.5.44744DEVELOPMENT ORDER OF
THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Blueheart Adult Day Care (COUS - 2024,05.44744)
APPLICANT: Oletha Blue, Blueheart Adult Day Care Center LLIC
All
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2024
APPROVAL SOUGHT: Approve request for Conditional Use (COUS - 2024.05.44744) for Blueheart Adult
Day Care to be located at 709 South Federal Hwy, Suite 1, in the Community
Commercial (C-3) zoning district.
I I WMI III
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission, having considered the approval sought by the applicant
and heard testimony from the applicant, members of city administrative staff, and the public, finds as follows:
Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Appli ��nt
HAS
HAS NOT
3. The conditions for development requested by the Applicant, administrative staff, or suggest
by the pubIic and supported by substantial competent evidence are as set forth on Exhibit
with the notation "Included."
4. The Ap int's request is hereby
GRANTED subject to the conditions referenced in paragraph 3 above.
DENIED
5,
6.
7.
DATED:
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
W=
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 24-020
STAFF REPORT
TO: Mayor Ty Penserga
Members of the City Commission
THRU: Amanda B. Radigan, AICP, LEED AP
Planning and Development Director
FROM: Jae Eun Kim, PLA
Principal Planner
DATE: May 28, 2024
CC Hearing Date: June 18, 2024
*ROJECT: Conditional Use for Blueheart Adult Day Care
COUS - 2024.05A4744
REQUEST: Approve request for Conditional Use (COUS - 2024.05.44744) for Blueheart Adult
Day Care to be located at 709 South Federal Hwy, Suite 1, in the Community
Commercial (C-3) zoning district.
PROJECT DESCRIPTION
Property Owner: HMRS LLC
Applicant: Oletha Blue, Blueheart Adult Day Care Center LLI
Location: 709 South Federal Hwy, Suite 1 (Exhibit A — Location Map)
Future Land Use: LRC (Local •-
•
eCommercial)
Acreage: 0.66 acres
NJorth: Vacant lot, then right-of-way of SE 6 th Avenue, classified as Local Retail
Commercial (LRC) land use, and zoned Community Commercial
South: Developed commercial property (Journey Community Church Inc), classified as
Local Retail Commercial (LRC) land use, and zoned Community Commercial (C-
3);
East: Right-of-way of Federal Highway; further east is developed multi -family residential
(Sterling Village Condominium), classified as Medium Density Residential
Page 2
Conditional Use for Blueheart Adult Day Care
COUS - 2024.05A4744
West: Right-of-way of SE 41�' Street; further west is developed single-family residential
areas, classified as Medium Density Residential (MEDR), and zoned Single and
Two-family Residential
A notice of the requests was mailed to owners of properties within 400 feet of the subject property, and
signs were posted for the City Commission meeting date. The applicant has certified that they posted
signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004.
(':\Users\DeJeSLIsM\Downloiids\Staft Repor I__ COLJS- 2024,05,44744,061824.docx
Pace 3
Conditional Use for Blueheart Adult Clay Care
COU;S - 2024.05.44744
subjectingress/egress to the •Federal
parkingHighway and the second ingress/egress, point is from SE 4th Street, which directly serves the
lot. The driveway connecting4th Street bisects the subject
circulationproperty and adequately accommodates vehicular emergency
and sanitation equipment, No changes to the ingress or egress
inclusion• • adult day
2. Off-street parking and loading areas where required, with particular attention to the items in standard
#1 above, and the econornic, glare,conditional
parkingand nearby properties, and the city as a whole.
The existing lot accommodatesspaces, four t ADA parking space, and
Sectionone (1) loading space as shown on the approved site plan (NWSP 09-001 & 11-002). The ADA parking
spaces and loading space are close to the existing building entrance for easy accessibility. Pursuant
to Chapter 4, Article V, « MMIr adult«spacesquareeachgross.. . proposed use
parkingrequires seven (7) « Conclusively,wtotal of4parking spacesare .r I
parking spaces are provided on the property (see Exhibit C - Project Plans),
Suite A Adult Limy Care
l space per 300 sq. fit.
7 t'arkrn s
2020..sq., ft. / 300 scl.ft,
Suite B Rese arch n'tea'frc'<a1
1 space per 200 sq. ft.
8 Parklnf„s
1,473 set. ft. / 200 saf.ft.
� _.__..._.
SUrte C", 2nd floorMedical
."1
space per 2()f) sq. ft.
9 l'«arkrrags
office
_. ......._ _.....
1,"759 sq. f"t. / 200 sel.ft.
_. .�..
Sante fy 2nd floor Medical
_. _ y�(y _..
1 space per 200 sell. ft.
4 Packings
office
787 sq. ft. / 200 scl.ft. µ
�
Scute, C: 2nd floor Medical
l space per 200 sq, fl-
13 ParkingsY^XµMXµM
office
2.„471 sq. ft. / 200 scl,ft.
Lobby, Me;cir, Room and
f spaca. per 200 sq tt,
_ .2.Par•kings
L'lev'atur
30901 sq. ft. / 2000
Existing Total spaces 44
space's f2equire d
Total 43 spaces
According « applicant, of ,
customers will be dropped off at the location, and therefore the proposed use will not generate
additional parking demand. The applicant is not proposing to alter the existing parking lot for the adult
day care. The existing parking lot will remain as approved and constructed,
The existing enclosure for trash bins was designed and attached to the west building elevation. The
architectural design of the enclosure consists of R six (6) -foot high fence, solid opaque doors, and
shrubs.«
4. Utilities, with reference to locations, availability, and compatibility.
The Utilities Department
sufficient to provide the projected potableand
wastewater treatment capacity is currently available to serve the project.
. Screening, buffering and landscaping, with reference to type, dimensions, and character.
C:\Users\DeJeasusM\i7ownloads\Staff Faeport_.__,_,COUS 2024.05.44744 061824.docx
Page 4
Conditional Use for Blueheart Adult Day Care
COU S - 2024.05.44744
The main purpose of the City's landscape buffer requirements is to ensure compatibility of the
proposed development with adjacent properties and to improve the appearance and character of the
community by requiring quality plant material and appropriate placement. The applicable landscape
buffer types are dependent on the zoning districts, uses, densities, intensities, and building height(s)
of the subject property and abutting and/or adjacent properties. The subject property is located
adjacent to the properties Currently zoned C-3 (Community Commercial) to north and south. As
aforementioned in this report, the applicant proposes an interior renovation work only for the adult day
care, and therefore the application is not subject to landscape buffer requirements.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The applicant proposes to remove the existing wall sign and replace with a new sign for their business.
The approved elevation plans (NWSP 09-001 & 11-002) depict a wall sign located above the building
main entrance on the east fagade within the sign band area. A new sign must obtain sign permit
approval and comply with the City's Sign Code requirements at the time of permitting (see Exhibit D —
Conditions of Approval),
The applicant is not proposing to alter any wall mounted lightings or site lightings. Furthermore, n#
additional signage is anticipated with the application.
7. Required setbacks and other open spaces.
The subject property is situated in the Community Commercial (C-3) zoning district. According to the
approved site plan (NWSP 09-001 & 11-002), the subject property complies with the setback
requirements as defined in C-3 by providing 5-11 " front setback, 4" interior side setback, and 240 -foot
rear setback. As abovementioned in this report, neither exterior alteration nor addition is proposed,
The building setbacks and landscape areas will remain as shown on the approved site plan (see
Exhibit C - Project Plans).
11 ��IIIM 11 1 1
: i �l! 1 1 11111111111 1 EMM=
The proposed adult day care is deerned to be compatible with the other uses within the C-3 zoning
district and with the existing residential developments across from the subject property. The proposed
hours of operation from 8:00am to 5:30pm will not adversely impact the neighboring residential
properties or adjacent businesses.
9. Height of building and structures, with reference to compatibility and harmony with adjacent and
nearby properties, and the city as a whole,
According to the Building and Site Regulations for the C-3 zoning district, the maximum allowable
building height is 45 feet. According to the approved building elevations (NWSP 09-001 & 11 -002), the
existing building height is 40 feet, which does not exceed the maximum allowable height, The building
elevation plans show that the building height is compatible with adjacent and nearby properties, as
well as the typical building height found on other properties within the C-3 zoning district.
There should be no adverse effects on adjacent or nearby properties as a result of the proposed adult
day care,
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Page 5
Conditional Use for Blueheart Adult Day Care
COU S - 2024.05.44744
11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part /11,
Chapter 4. Site Plan Review, of the City's Land Development Regulations.
12. Compliance with and abatement of nuisances and hazards in accordance with the operational
performance standards as indicated in Chapter 3, Article IV, Section I and the Noise Control
Ordinance, and City Code of Ordinances Part //, Chapter 15, Section
Based on the information contained herein and compliance with the applicable development regulations
and review criteria, staff recommends APPROVAL of the proposed Conditional Use (COUS -
0. 4.. subject to satisfying all comments indicated in Exhibit D — Conditions of Approval. Any
additional conditions required by the City Commission shall be documented accordingly in the Conditions
of Approval document.
C:\User=,\DeJesusM\Dowrilo,ids\Staff Repwt . .... COUS 2024.05.44744_061824.docx
Conditional Use Purposed Address
Blueheart Adult Day Care Center L.L.0
709 S Federal Highway
Unit 1
Boynton Beach Fl, 33435
Oletha Blue (Owner) on behalf of the Blueheart Adult Day Care L.L.0 purposed property, 709 S
Federal Highway unit 1, Boynton Beach Florida 33435, respectfully requests a Conditional Use
of Adult Day Care Center The 0.6624 ACRES is Unit 1 which is 2020 s.f.) subject property
(Property Control Number [PCN] 08-43-45-28-00,-000-5020) is generally located on S federal
highway just north of Woolbright and south of Boynton Beach Blvd. The building is currently on
MEDICAL OFFICE- BUILDING UP TO 2 STORIES total s.f 9,200. Proposed site development
consists of change of use from pharmacy (retail) to Adult Day Care Center, which means
remodeling of interior, such as adding a ADA compliant bathroom and walls for office space,
there will no need for any Exterior or Landscaping renovation. The use requested, an Adult
DayCare Center with hours of operation 8.-00 am to 5:30 pm), is a conditional use in the
Community Commercial- C3 zoning district. The subject property supports a Future Land Use
(FLU) designation of Local Retail Commercial (LRC) and is located within the Community
Commercial (C3) Zoning District. Surrounding properties include -
I
WATM,
WI I 1W A WXP�=KWJLWJ0WXWWJUWX*TWJKJ1 WAWWJL1[1LKWW1Wr1*014 I 1041
00
i.
M_MrrMT_
709 S Federal Highway
Unit I
Boynton Beach Fl, 33435
The application is specifically requesting the •
The proposed change of use from pharmacy (retail) to an Adult Day Care Center which is C3 (14). During the hours of
operation 8:00 am to 5:30 pm. The proposed business will provide assistance to the elderly community, also providing
assistance with daily needs such as setup with transportation to and from program. This program provides social support,
education, exercise and reduction in hospital and nursing home admissions. The program provides relief for caregivers that
care for their loved ones on a daily basis. The program has been proven by the state to increase longevity and reduce risk
of falls for those who live alone with no assistance. The adult daycare programs has also helped reduce stress,and
mortality rates among the elderly population, The Adult Day Care is also less expensive than having nursing assistants in
the home 24 hours a day. 'This program will help bring awareness and create jobs in the City of Boynton Beach fl.
9 =.
1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to
automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or
catastrophe:
Response: The proposed development will have front entrance where transportation will enter building from S federal
highway and exit through parking lot and exit onto road making a legal right hand turn. Pedestrian will be dropped off at
handicap accessible ramp which will either enter purposed daycare or elevator, entrance for 2nd for medical office. There
will be no exterior renovations that is required so the proposed use is not expected to generate any potential hazards,
problems, or public nuisances to this property.
2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above,
and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties,
and the city as a whole.
Response: The proposed development is in compliance with the required number of parking spaces for the proposed Adult
Day Care Center use number of parking spaces for the proposed Adult Day Care Center use. The minimum parking spaces
calculated was 7 spaces. Required parking for Adult Day Care 1 space per 300 sq ft (purposed space 2000 sq st total
number of parking spaces needed is 7. Total square foot of building is 9,200 sq ft. Total number of parking spaces is 46.
Handicap spaces required: 2 space and total number of handicap spaces available: 5
Response there are no requests for service area, as this is an existing medical building that only requires city trash pickup
There are no clumpsters on sight,
4. Utilities, with reference to locations, availability, and compatibility,
Response: The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be
available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are
anticipated with this application,
JI[MMOME I I VAHMORMALOXIII 01 M #IF I I Lo, I I Los firBAWN IMIM 5 10191.0 Mr..] 011 AL011011 Big, E XMI121 I all
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility
and harmony with adjacent and nearby properties,
Response: 'The applicant is not purposing any additions to signage that will cause inference with traffic safely or
economical effects. Signs will only consist of removing existing pharmacy sign located on building and replacing with
permitted logo signage.
7. Required setbacks and other open spaces.
Response: There are no required need for setback or any other open spaces.
8. General compatibility with adjacent properties, and other property in the zoning district.
Response� The proposed Adult Day Care Center is generally compatible with the remainder of the commercial uses on th'4
corridor and with the adjacent residential properties, The property is surrounded by existing medical buildings, residential
and commercial properties.
& Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby
-ilroperties, and the city as a whole.
Response- The proposed Adult Day Care Center is an existing two- story structure, C3—C3 COMMUNITY COMMERCIAL
(08-BOYNTON BEACH, which is compatible with the structures on adjacent properties, in the C-3 zoning district.
10. Economic effects on adjacent and nearby properties, and the city as a whole
Response: The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole,
will be negligible, other than the enhanced condition of the property interior with the upgraded of ADA capabilities of
interior improvements and use on the site, permit fees and certificate of use fees. The Adult Day Care will be a great asset
for the neighborhood, community businesses and residents. It will provide a safe social environment for the elderly
community and relief for caregivers at least 8 hours a day, also creating employment opportunities for the city of Boynton
Beach residents.
11. 11here applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning
fistrict or redevelopment plan;
Response: A mixed use zoning district or redevelopment plan is not applicable to this project
12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance
standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of
Ordinances Part 11, Chapter 15 Section
ResLonse: The Lr&ect would not create smoke odors, fumes or toxic matter that w#_arWff rogiddWo w WW.Vojr*'
0
properties.There will be no toxins or hazardous chemicals used for Adult Day Care Use, The proposed use would exist in
manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach.
13. A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving
_51ro!2edy within 300 feet of a
eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed.Depending on the
size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis
may be required to include information, diagrams and sketches indicating the types and locations of proposed
sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate
sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be
maintained based on the findings of the analysis.
Response: This standard is riot applicable to this project because there are no proposed uses for bars, nightclubs, and
similar establishments.
On behalf of the Applicant, 709 S federal Highway Unit #1 Boynton Beach fl 33435 Blueheart Adult Day Care Center L.L.0
respectfully requests your approval of this Conditional Use and Minor interior remodeling plan modification application.
Project Name: Blueheart Adult Day Care
File number: COUS - 2024.05.44744
Reference: 111 review of clans and documents identified as a Conditional Use submitted on Ma
22, 20124
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / UTILITIES
Comments: None
x
PLANNING AND ZONING
Comments:
1. It is the applicant's responsibility to ensure that the application
requests are publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004, and an affidavit with attachments
(ownership list, radius wrap, and copy of mailing labels) is required
to be provided to the City Clerk and Planning & Zoning Division one
(1) week prior to the first public hearing.
2. Approval of the Conditional Use application does not grant
business approval. The applicant shall obtain necessary approvals
from the City and other governmental agencies prior to operation
of the business.
. The subject property shall obtain approval of a Sign Program
application prior to issuance of any sign permit application,
pursuant to Chapter 2, Article II. Section 2. E. Sign Program and
X
Chapter 4, Article IV, Section 5. Sign Program of the City's Land
Development Regulations.
POLICE / FIRE
Comments: None,
BUILDING
Comments: None.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
CITY COMMISSION CONDITIONS
Comments: None.
lExb1bltC-- Project Plans 1 0f4
"V11, 77771
PARKING FOR PROPOSED
Adult Day Care
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KUMBING I
COMMENI'#'
IPA, 111