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CORRESPONDENCE " /"\ - . , ~ ( \~ \ () I'," \! 'l l J "., '~ .,;?) )' ls ,1,1 is " (J ~ ~ I ) 00 ............. .....-..-.,.. ,. , "F") ~ 1-'1 1'1 : - ~ R.H.S. CORPORATION PlA~,~.I~Q AND Ept I 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach, FL 33426 -(407) 736-1700 April 15, 1996 Mr. James Cherof City Attorney of Boynton Beach 3099 E. Commercial Blvd. Suite #200 Ft. Lauderdale, FL 33308 RE: Clear Copy Project Dear Mr. Cherof: On March 15, 19~6 Ms. Tambri Heyden, Director of Planning and Zoning, submitted the 17 page memorandum #96-143 determining to accept a new site plan of the Clear Copy project as a modification to the approved site plan. After accepting the site plan modification, Ms. Heyden made a determination to call this a minor site plan modification. RHS Corporation already submitted an appeal to the Board of Zoning Appeals for this determination. . The Planning and Zoning Director must determine whether each modification to the approved site plan in the revised site plan complies with Land Development Regulations (LDR). The Planning and Zoning Director determined each change was in compliance with LDR, except where she required Staff's recommendations become conditions of the approval. Many changes Ms. Heyden determined met LDR, and therefore she accepted these changes unconditionally. For each determination, that in fact doesn't meet LDR, RHS Corporation is filing an appeal to that determination. Attached with this letter are sixteen additional applications for appeals to the Board of Zoning Appeals. If any application is incomplete, please advise me as soon as possible. Sincerely f. ' 1W~.D.S. President, RHS Corporation MER: sm HAND DELIVERED xc: Reginald Stambaugh, Esquire Ms. Carrie Parker, City Manager Ms. Tambri Heyden, Director of Planning and Zoning C:\WPDOCS\APPEALZO R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach. FL 33426 .(407) 736-1700 APPLICATION FOR ADMIBISTRATIVE APPEAL TO BOARD OF ZORING APPEALS APPLICATION #1 DETERMINATION MADE BY: and Zoning Ms. Tambri Heyden, Director of Planning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which requires a land dedication, Ms. Heyden determined the City would accept the dedication. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 1, Article V. Section 3, 2. e (5) which states the City Commission shall determine whether it accepts a land dedication. R.H.S. CORPORATION 650 West Boynton Beach Blvd. . Suite #2 . Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #2 DETERMINATION MADE BY: and Zoning Ms. Tambri Heyden, Director of Planning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan eliminating the required buffer zone on the east side of the parking lot, Ms. Heyden determined the site plan modification met Land Development Regulations. NATURE OF APPEAL ( DESCRIPTION OF CODE VIOLATION) : This determination violates Land Development Regulations, Chapter 7.5, Article II, Section S.E. R.H.S. CORPORATION 650 West Boynton Beach Blvd. . Suite #2 . Boynton Beach, FL 33426 .(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #3 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning DATE OF DETERMINATION: March IS, 1996 PARTY AGGRIEVED BY DECISION: RBS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which eliminated required containerized garbage pickup of recyclable wastes, Ms. Heyden determined the modified site plan met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION) : This determination violates Boynton Beach, Florida Code of Ordinances, Article II. Refuse, Garbage and Trash, Section 10-25 requiring containerized refuse service at commercial establishments. R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach. FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #4 DETERMINATION MADE BY: and Zoning Ms. Tambri Heyden, Director of Planning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which eliminated the required dumpster area, Ms. Heyden determined the modified site plan met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates the combined ordinances of Boynton Beach, Florida Code of Ordinances and Land Development Regulations dealing with the requirements for trash pickup and dumpster areas. R.H.S. CORPORATION 650 West Boynton Beach Blvd. . Suite #2 - Boynton Beach, FL 33426 .(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONr.RG APPEALS APPLICATION #5 DETERMINATION MADE BY: and Zoning Ms. Tambri Heyden, Director of Planning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which eliminated the required dumpster area, Ms. Heyden determined that curbside'garbage pickup was acceptable for recyclable waste material. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): On September 19, 1996 conditionally approved the Clear Copy site plan with the condition the Clear Copy project have onsite recyclable waste pickup. This determination violates the requirements of the conditional site plan approval by the City Commission and the Boynton Beach, Florida Code of Ordinances, Article II. Refuse, Garbage and Trash, Section 10-25. R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #6 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning Department DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which will not allow access onto the property by City fire trucks, Ms. Heyden determined this site plan modification met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 2, Section 8., stating safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #7 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which will not allow access onto the property by the City's regular and recyclable garbage trucks for containerized garbage, Ms. Heyden determined this site plan modification met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 2, Section 8., stating safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #8 DETERMINATION MADE BY: and Zoning Ms. Tambri Heyden, Director of Planning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which will not allow access onto the property by many standard delivery trucks, Ms. Heyden determined this site plan modification met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 2, Section 8., stating safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. R.H.S. CORPORATION 650 West Boynton Beach Blvd. Suite #2 - Boynton Beach, FL 33426 .(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #9 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan with a new lighting design and without the required engineering, Ms. Heyden determined the new modified lighting design met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 23, Article II. A.l.a R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach. FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #10 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning ., DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which changed the loading zone, making it unaccessible for most delivery trucks, Ms. Heyden determined the modified site plan met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 2, Section II.J R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #11 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan changing the backup space to 26 feet 6 inch in the parking lot, Ms. Heyden determined this change met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION) : This determination violates Land Development Regulations requiring 27 feet of backup area. R.H.S. CORPORATION 650 West Boynton Beach Blvd. . Suite #t2 . Boynton Beach, FL 33426 .(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #12 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan for which the required Environmental Review Permit was not obtained, Ms. Heyden determined the modified site plan met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulations, Chapter 2, Section 11.3, C.6, which states the approval of the environmental review permit shall precede approval of the site plan. R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 - Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #14 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: After accepting the modified Clear Copy site plan which has an incomplete landscape and irrigation design, Ms. Heyden determined the modified site plans met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates state law requiring the landscape design be prepared by a licensed landscape architect since this is a commercial development and Land Development Regulations, Chapter 7.5, Article II. R.H.S. CORPORATION 650 West Boynton Beach Blvd. - Suite #2 . Boynton Beach, FL 33426 -(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #15 DETERMINATION MADE BY: Ms. Tambri Heyden, Director of Planning and Zoning, and/or Mr. William Huckill, Director of Development DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: The determination that Clear Copy's building, which does not conform to required setbacks, and which the tie in survey indicates is 10 inches into setback lines, met Land Development Regulations. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): This determination violates Land Development Regulation, Chapter 2, Section 6, B.3. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: Minimum front yard setback - 30 feet Minimum side yard setback - 15 feet R.H.S. CORPORATION 650 West Boynton Beach Blvd. . Suite #2 - Boynton Beach, FL 33426 .(407) 736-1700 APPLICATION FOR ADMINISTRATIVE APPEAL TO BOARD OF ZONING APPEALS APPLICATION #16 DETERMINATION MADE BY: and Zoning Ms. Tambri Heyden, Director of Planning DATE OF DETERMINATION: March 15, 1996 PARTY AGGRIEVED BY DECISION: RHS Corporation ADMINISTRATIVE DECISION OF APPEAL: Ms. Heyden made the administrative determination to grant approval of the site plan modification, subject to comments of Administrative Conditions. NATURE OF APPEAL (DESCRIPTION OF CODE VIOLATION): The modified site plan violates many Land Development Regulations. The determination to grant approval of the modified site plan does not make provisions for correcting obvious violations in the modified site plan, except those subject to comments of Administrative Conditions. If a Certificate of Occupancy should be granted to the Clear Copy project as per the approved modified site plan, therefore not meeting Land Development Regulations, a lawsuit will be filed. ill R159E @ PLANNING AND NING DEPT. MARK E. ROBERTS, D.D.S. 650 WEST BOYNTON BEACH BLVD.. SUITE #2 BOYNTON BEACH, FLORIDA (407) 736-1 700 FAX TRANSMISSION TO fL~(?~ FROM: fJ? ~ ~,1>.o5 RE: DATE: ~ _ / ~-- 9 ~ NO. OF PAGES: (indudiJ18 uW~t !lhccr) ~ .. . ,. . -~--~--- , . , . I RECEIVED /05- APR "1:11996 CITY MANAGER'S OFFICE I 00 . d iWdJ R.H-S. CORPORATION 8S0 West Boynton Beach Bl\ld, - Suit. 112 - Boynton Beach, Fl 33428 -(407) 738-1700 Mr. James Cherof City Attorney of Boynton Beach 3099 E. Commercial Blvd. Suite 1200 Ft. Lauderdale, FL 33308 RE: Clear Copy Project Dear Mr. Cherof: /1 ~ / (:;! / !(- J~--A/ -1 M, ,{!/-ilp' , . F),/ /; ;; ':,' (J -,/ \ April 15, 1996 The agenda for City's Board ot zoning Appeals for Monday, April 15, 1996, indicates the Appellant to Case '4-001 is Dr. Mark E. Roberts. This is incorrect. 'rhe correct Appellant is RHS Corporation and should be corrected as such. S7U /J,l6i1J1J Mark E. Roberts, D.D.S. President, RHS Corporation MER: sm SENT BY FAX (305)171-4923 AND US MAIL xc: Reginald Stambaugh, Esquire Ms. Carrie Parker, City Manager CI\"OOCI\CHl~.ll ~.... of. "0. ....'.... _ .-~"'... -.... RECEIVED APR l f 1996 ClrY'MANAGER'S OFFICE l 0 0 . d ~J 0 d .d DBP~TMBNT OF DBVBLOPMBNT BV:I:'T.~:I:NG D :I:V':I: S :i.. ~N' 100 Bast Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33425-0310 April 4, 1996 Ciro Gomez, Inc. 12645 Oak Arbor Drive Boynton Beach, FL 33436 RE: CLEAR COPY - PERMIT #95-4541 Dear Mr. Gomez: This letter is to notify you that an appeal in reference to the above described project has been filed with the Board of Zoning Appeals. Since we know of no eminent peril to person or property, the project will be on hold until after the Board meeting on April 15, 1996. We also wanted to make you aware that our department has still not received from you the modified site plan with the wording requested by William Hukill. Sincerely, AN:bg xc: Robert Feldman, 1194 S. W. 27th Place, Boynton Beach 33426 Carrie Parker, City Manager James Cherof, City Attorney William V. Hukill, P.E., Director of Development Permit file IlrclE:llYIe APR ~ 7!JJ " 1{" '" .J .BUILDING DEPr. HOLD.WPD Phone: (407) 375-6350 FAX: (407) 375-6357 __b __, .. . ..- '.. ..- .._.... ..,.. .."1 - --...-.-.. -...........-. .-.,-.. ........... - .,-. -.... ...-.. I:' ~~. ~l!~. . oce . ~: ~ti :1. d4 != -. --~;; --:-. eroao - 'tile "rClLl ..... tit... ~.rtj!y to tbe bQA~d af a4jultment t at by r..lon at tact. .tate4 in tbe certificate. a Itay wo\l14 C&~I. tamirwnt peril of life or p~fty. In 'u~b ca.., pl:ocet4ing, or work .ull not .,. .eaye4 except by .. reltr-aining O~J' wbicb _y btt fl'Ulttld by the bo&N g: acSjultftMtnt or by . court o~ Z'ecord on application, 011 QQt1ce to ehe officer frea whoa tb. appeal S. eak.n aDd on due cau.. .hQwn. ,. IlllUIlG OF UPULI. ~. bcM~ of ~1\1.t-.nt. .hall fix . .}. rea.onable tiM fol:' the beU'1ag of Che app.al. giv. publ;1c nocice tbel'.o~. ., well., due DOt:lee eo the A partie. 1n tnter.,e, alld decide the .arne "I.~ia. a r...oubl. ti_. Opcm the heN'1Q9. My party may appear I:. in ~r'OQ, agent OE' by attg.tney. . bo W. re lNCS t . C ~ c: . cun:eDt certified lUl'fty ace a procedural purpo..., U awl1oatioa Cor a .,.cial "exception ahall be handled by the boud. of actjultlMnt .. tor appull. ' G. ....... ...., .. ..... ......... ...... ..~4... ~ 0 0 . d 2-'" ". WO~J ~oo 'ci 19 O. CIVIL 11MBD:.S FOR &NroRCSM&NT. In ca.. any building or .tructure i. .r.eced, con.crueted, ~.eon.truet.d, al~er~. r.epair.d. O~ maineainad, or any bu11dini. 8trueture, land. or vatar i. Uted in violation ot this ordinance or a~y ~TdinAnc~ or Other regulation made uDder .uthcri~y eenl.rred h.reby. t~e proper local Authoritiee. in addition to oth@r ram.die.. may inatituta any appropriate ar.~ion ~r rrn~~p.~ing. in a civil action in the circui~ eQurt to prevent .uch unl.wt~l .r.ct~on. ~on'~ruction. r.con.~~~c~on, alteration, rep4i~. ~oftver.ion, maineenance, or U8. and to ra.tra1n. correce, oX' abate lIuch violation to prevent the oeC!\l.panc:y ot Il.ales building, structure. land or water, acd to prevent any 111.gal a~t. conduct ot bU.1ft..., O~ u.. 1n Or &bout Guch pr.m!..., S.otlGa LO. 8oaZ'O Of a4ju.e"Dt. A. COMPOSITION AND PROCJmt7JUl: 1. The board of adju.t..nt .hall coo.llt of ..ven (7) regular me.o.r. and ftot mo~. ~b&D two (a~ .1t.~.ce membera. wbo _ball b. appointed by ch. Ci~y eocrmi..1on. Two (2) membet'1 aball '.&"'VtI tot' . t.erm of on. (1) y.ar tt'om the ~t. of appo1A~"Dt; three (J) ~~. uhall ..rve fo~ a ~Orm of two Ca) y.a~. fr01ll t.he dace of appo1n~"'at; and e",o (2) member. .hall ..rve ter a term or ~h%.. ()) year. fr~ the date of .ppo1n~~nt. vaeane~._ cr.at~ .f~er .~iratt~ft of ~b._. te~ .ha11 be fille~ by appointment. for tbr..~y..r te~. O~. (1) .lte~.t. Ihall ..rv. for a term of one (1) y..r from the date of .ppoln~..nc; tn. other .1t.~ac. _ball _.rva for a ~.rm o! two (2) ye.~. f~OM ~h. ~.t. of .p'p01D~"DC. Vaeanci.. on the bCar4 .ball be filled by .ppcia~m.n~ by eh. City ~('JIIIIfti._iOft. Metnber. of t.he bo.~ ,.y b. r~.4 by . major1~y or en. tot.l member. of tho City Commi..lon. Membera &Ad .It.~ate. of the bO.~4 -hall b. r..i4eote ~ eleccor. of en. aity. a. 9::~i:~~~~;~a~or ~::v -.n~.1' qu..e on. .,,!~~_. I _ . ) . 4. ........ ....4 e. ,.,.. 0......... .t. ... .....".. 2-9J j'i I) d .1 ".",~,../..,...,-~. ....~.",....,,,....,r--,...-,,~. ,.., ATTORNt'V$ "IT LAW SUI'I: 200 3099 fAST CO~~C"CI"L 80VLI:V""O FORT LA\JOERDAL.I!:.FLORJDA :)OOCOO 1._.__....J)lJILDING I STC;",U' I.. JOSIAS fl'-MVEl. S. GO'U;f4 .lAME'S A. CMC"OP' DONALO ,I. DOODY MCARY L. rZ,.OL TC\'C""O"f:I30~1 "'.4~00 PALM er#oCtf 14071276....00 P'ACS'",U (,30"1 71'.49i!.J April J, 1996 VA""U: M. 1R1:HY LCONA"'D (0. ..VlJIN C"APIL.f;~ e. C"'R~IO"'T B[NJAM.N I.. A\II:'" Reginald stambaugh, Esquire Killer , Woods, P.A. 1400 centrepark Boulevard West Palm Beach, Florida 33401 Re: city of Boynton Beach adv. RHS Corporation (9S04QQl Dear Reg: I all in receipt ot your client's letter dated April 1, 1996. Notwithstanding his aischaracterization of our telephone conversation of March 25, 1996, his letter does sUfficiently set forth the nature ot his appeal, to wit: the determination by the Planning and Zoning Director that the Site Plan Modification, submitted by Clear Copy Development, was a minor (rather than a .ajar) modification. By copy of this letter, I am request1nq that statt evaluate the effect of a stay and determine whether the imposition of a stay would create eminent peril to person or property. If that determination 1s made, no stay will issue. If the contrary determination is .ad., the stay will be initiated immediately. The next scheduled Zoning Board ot Appeals meeting 1s April 15, 1996, at 7:00 p... The appeal will be limited to a reviev of the determination that the Site Plan Modification, submitted by Clear Copy, was a minor .odification. No -additional deterainatlans" (to use your client'_ phrase) will be submitted to the Board beyond the scope of the appeal. With reapect to your client's request: (I refer to bis letter of 4/3/96) for a "copy of Chapter 163 of the Florida statutes Which governs the city'. Board of Adjustment... I know of no section of the statute responsive to that request. Additionally, since no certification of the planninq and Zoning Director has been issued as yet, I cannot provide a copy. By the way, the City doe. not have a Board of Adjustment. The Board ot Adju8t..ent wall abolished last year and the Board of Zoning Appeals created. ~-.. . ~"I .......... ~... I' ,_.. ,',...1'" ...... " ~ ~."..., 1"""!....".'1....... ~.Tr'-.' r- .....- r . . ~. . '.~.' .. Should you need contact me. JAC!aw ee: Carrie Parker, City Mena;.~ 8111 Hukill, Direotor of Develop.ent "0400\IT~.LTS hesitate to ~'" '...,.~,. ......;"": rJ.r..r' ~lrr~"""",,,.1 "'1'" ,....."..~"'I' ...~~ ,.., ~T1'tl~' ""~ r~!"li'!l.."""""l-....,,,l~r~' '?"'l "'""'l':ru 'f7'1'!,~"'" .,.......,I"'...r .... r ""!""'l"'r'''''''l'rT, ....~ 't'"..,n~1t""""1l"I1'~,~~...........~",'1""" ':Jlj~~ .........."r- ,", ........--... ,........... ~"'~'Tl"'f'--'.... , JOSIAS & GOREN, ~A. ...TTO"NEYS....T "I&W S<.ItfE i!OO 30:)'.) C:~T <:O"'M~ACI"'~ eOV"CV,",AD FUln l"'UDERDALIt. FLORIDA. 0:3:)06 STEVE" l. ,",0:51":5 $I&MUl:l S. GOREN ,JI&MI:1i ,.,. C...e:RO,. CO"ALO .,J, OOODY KERRV ... COZAOL TELEPHONE C..I<.ll.'" 771-.500 POA,,'" ."'CI1 (40'1\ Z76.9400 FAC$'''''l.113CSl '71..9~:J ,1&1'1...1: M. TREHV LEON"'RO G "VaiN CHA""tS c. ~I&RTWRlc;;HT 8ItN.,J......'1'< L, AVENI llJarch 29, 1996 VI~ f'ACfllf1ILI; Reqinald Stambaugh, Esquire Miller & Woods, P.A. 1400 Centrepark Boulevard West Palm Beach, Florida 33401 Re: city of Boynton B~ach adv. ~KS Corporation C950400l Dear Mr. stambaugh: In furtherance of our telephone discussion and in response to you client's letters of March 25th and March 28th please consider the following: 1. I have agreed that Dr. Robert'fi letter ot March 25, 1996 is sufficient notice of intent to appeal to sdti~fy the thirty (30j day time requirement for filing. However, in and ot i~selt, the March 25, 1996 letter is not sufficient to invoke the jurisdiction of the Board of Zoning Appeal.. Eli inca it doe6 not speci fy the nature of the appeal nor identify the administrative decision that Dr. Robert's is aggrieved of affected by. 2. I advised Dr. Robert's of the need for a supplemental letter containing the above information but I have not yet received one. 3. No st9P work order will be issued by the City staff until the supplemental letter is received and I have determined that the jurisdiction of the Board of Zoning Appeals has been properly invoked. Addi~ionally, if I determine that the Board has jurisdiotion, the official from whom the appeal is taken will determine if the issuance of a stay will cause imminent peril to life or property. If that determinatia~ is made and certified, no stay will issue e~cept .ss:~~~u:~ordinftnce 95-44. J'~~' ~~f' J'AC/jc 9~0400\$TA~8AUG~.lT~ cc: Bill Hukill (via facsimile) Carrie Parker (via facsimile) ., \ ~i ri:;, ",' ! ~ ~. -.{ ,; i\U'lIl ""n? 7 I. Ui \/!,','h \ !.--."""'" ~'"<~'," ! PLM;Nli'iG Mal ~ ZOiHW,U2~,PT, _ H_~_ 650 West Boynton Beach Blvd. . Suite #2 . Boynton Beach, FL 33426 .(407) 736-1700~- R.H.S. CORPORATION ~ Lpo' I March 27, 1996 Mr. James Cherof City Attorney of Boynton Beach 3099 E. Commercial Blvd. Suite #200 Ft. Lauderdale, FL 33308 RE: Clear Copy Project / ---.. .~-'-'_._------- Dear Mr. Cherof: As you are aware, on March 25, 1996, RHS Corporation filed an appeal to be heard by the Board of Adjustment for Administrative Decisions of the Planning and Zoning Department and City's Staff. Land Development Regulations (LDR), Chapter 2, Section ID.E state that an appeal to the Board of Adjustment stays all work on the premises unless a stay will cause imminent peril of life or property. A stay will not cause imminent peril of life or property for Clear Copy's property. The continued development of the Clear Copy Project is clearly in violation of LDR. Therefore, I request the City immediately require the stoppage of all work at the Clear Copy Project. Si?~:1Ciia1Jt~ Mark E. Roberts, D.D.S. President, RHS Corporation MER: sm SENT BY FAX (305)771-4923 AND US MAIL xc: Reginald Stambaugh, Esquire Ms. Carrie Parker, City Manager Ms. Tambri Heyden, Director of Planning and Zoning Mark E. Roberts, D.D.S. 610 w-a -.".... .... ....A, ..... ~, ..,.........., I'L J....u . '4M. '~1100 MAroh a5, 199' tu. J.... CheJ:of Clt.y A~~o~ney JO~~ E. Co...~e1al Blvd. Suit.a ,aoo Ft. Lau48Edal., PL 33301 De.r HZ'. Chea:of. The Land Developtnent R.gulation. .tf't... that the organization and procedure un40r which ~b. Board of AdJu.t~nt. np.rBte. mU8t oonfo~. ~Q Ch.p~.r 1i3 of ~h. Plorida 8t.a~d.. and that an appeal 18 to b. fjled on the pa:oper form aupplted bV tbe City Clerk. I cequ..tod the CitV Clerk'. Office .upplY an applic4tlon for an ~1n1atre~iv. App..l to the Iftard of Adjuat..nt and a copy of Ch.pter 163, 'lo~Ld. Sta~ute.. T~. Clerk's oftice informed .. that the.. dooument. either didn't eKl_t or they couldn't provide .. eople&. SineA an appeel to the Board of Adju8tment must be fl1.~ 1n a tl.ely Maaner. plea.~ ~.v. the City forward these dQcu~nt. ~o m. .. .oon a. po8s1hlA. J would eppreelate it it they can be raxed to mG. Thank you in advance Co~ your cooperation. ~4t~.p... ICER & ." Enalo.uZ'. (Land o.velopaent R.~ul.tlon., PagA ~.'3, 2.4') BEd IV 'AX (305)17l...g23 AJm us MAIL Mel City Clerk Re91ftald 9~.mbau9h, ..q~I~. l 00 · d 1I0~. ~ i~ CC M~ "?/r9/1h ~r~ R.H.S. Corporation ~U' 650 West Boynton Bach Blvd., Suite #2, Boynton Beacb, II. 33426 · (407) 736-1700" March 19, 1996 Mayor Gerald Taylor and commissioners city of Boynton Beach P.o. Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Mayor and City Commissioners: I, Mark Roberts, President of RBS corporation, am unable to attend this meeting tonight. Carol Roberts, has come to present this letter on my behalf. Since there are many issues involved with this application for the modified site plan, I will attempt to cover the most relevant issues before your voting on this issue. The Planning and Zoning Department decided this site plan change is a minor change. Gee and Jenson, a well-respected engineering firm, after evaluating the new site plan states this is a major site plan modification. I also believe this is a major site plan modification, and therefore should be treated as such. The Land Development Regulations (LDR) specify the proper procedure for major site plan modifications. Should the City commission decide tonight to vary from this lawful procedure, RBS Corporation will unequivocally, and without hesitation file additional litigation requiring the City to comply and enforce their own codes. As you are aware, unnecessary litigation for the City is very costly. " The LDR, Chapter 4, Section 9.C state criterion to be used to determine whether a determination is minor or major. The following criteria establish the new plans are a major modification. a) This new site plan causes the Clear Copy development to not meet all applicable standards and regulations of the LDR, needing many variances to comply with the LOR, and therefore needs further review as required in a major site plan modification. b) This new site plan eliminates the required physical buffer to RHS Corporation's property, thereby adversely effecting RBS Corporation's property. The elimination of required buffers is indicative of a major site plan modification. The current approved site plans for which permits are issued indicate that Clear Copy will meet minimum landscape screening standards, which will be verified by a city inspector, and if the site doesn't meet minimum standards, the plans will be revised. c) The new site plan alters the approved site plan so it does not resemble the approved site plan. It does so in the following ways: 1) The ingress has changed from N.W. 1st. Ave to N.W. 7th Street. 2) Every parking space has been moved to a new location. 3) The required dumpster area has been eliminated. 4) The required garbage truck access to dumpster has been eliminated. 5) All new drainage engineering has been submitted. 6) The locations of the approved lights have been changed. 7) The required landscape buffer on the east side of the property has been eliminated. 8) All new traffic flow patterns are changed. 9) The new plans show the need for a land dedication to the City. 10) The loading zone has been modified. 11) The driveways have been narrowed from 15 feet to 12 feet which will prevent access to the property by some vehicles. Any of those changes by itself should classify the new site plan as a major modification, but collectively they definitely are. One of the few site characteristics not changed with the new site plan is the location of the building. However, the unfinished building was built into the required setbacks in violation of the LDR, thereby requiring a variance. I believe it is apparent these new plans involve a major modification. The City's Staff's has recommended to classify this new site plan as a minor modification. Regardless of the classification, this site plan should be rejected for the following reasons: 1) The fire truck cannot legally access this property. LDR requires safe and efficient access to be provided for emergency and service vehicles to this property. This standard has been required of all commercial developments in the past. 2) The recyclable garbage truck cannot legally access this property. For this site plan, the City Commission previously approved curbside pickup of general garbage and onsite pickup of recyclable garbage. Ci ty ordinances governing garbage pickup require containerized garbage pickup. The City's garbage truck's cannot provide this service for this modified site plan. A variance is required for administrative regulations contrary to provisions of the City Codes. 3) The required dumpster area for the containerized dumpster, as required per City ordinances has been eliminated. This requires a variance. 4 ) The access to the dumpster area has been eliminated. This requires a variance. It should be remembered that one purpose of the LOR is to prevent and deal effectively with future problems of this development. If and when Clear Copy no longer operates at this site, it is unreasonable to believe that that other businesses ocupying a building this large will generate small enough quantities of garbage not requiring dumpster pickup. 5) The Clear Copy property needs to be 53 feet wide to have all the LOR required site improvements. The survey shows the property is 50 feet wide. The LDR required improvements relating to this property are a 5-feet perimeter buffer, a 6 inch raised curb, 27 feet backup space, 18 feet parking space, and a 2 feet six inch interior buffer, equalling 53 feet. This site plan requires a variance to meet the minimum standards. 6) The survey and plans show the property to be 50 feet wide. Improvements shown on the plans total 50 feet 6 inches. They are the 5-feet buffer, a 6 inch raised curb, 27 feet backup space, and 18 feet of parking space. This clearly equals 50 feet 6 inches, and not the 50 feet available. Therefore, the site plan CANNOT be built if approved. 7) Most trucks will be unable to use the required loading zone without illegal encroachment into the required handicap parking space. 8) Al though the positions of the parking lot lights have been moved, the required engineering has not been submitted. I believe the lighting will not meet the City's required lighting design criteria. The previously submitted lighting engineering, approved by the engineering department, but never shawn to the City Commission, used offsite lighting going onto Clear Copy's property for its lighting calculations of illumination. It did not take into consideration that light cannot go thru a six foot high concrete wall, and therefore not meeting minimum lighting standards either. 9) The narrowing of the driveways in addition with the conditions of no swale area and only a five feet wide sidewalk will prevent many service vehicles and delivery trucks safe and efficient access to this property. 10) The new plan has not submitted the required irrigation plan. 11) The elimination of the required buffer zone next to RHS Corporation's property will cause irreparable damage to RHS Corporation's property. Gee and Jenson determined that reducing the existing nonconforming buffer to 19 inches will kill the existing hedge, thereby eliminating the buffer. They believe it is doubtful that a hedge of the required 4 to 6 feet could ever be grown. The required procedure to eliminate parking lot buffers defined in LDR Chapter 7.5, Article II, Section S.E and required by LDR Chapter 23, Article II, Section C. is thru variance, assuming the applicant meets the application criteria. 12) The required landscaping design is incomplete. 13) The dimensions of the parking lot are inconsistent between the site plan and the construction drawings. In either case variances are required. The above enumeration of changes and items of concern may not be all inclusive. However, they are indicative of major site plan changes which require a more indepth review than is normally required under minor site plan changes. The basis for the current law suit RBS Corporation filed against the City alleges that the City did not follow proper procedure as required by law. Restating RaS Corporation's current position, should you approve this modified site plan tonight, RBS Corporation will unequivocally and without hesitation pursue and file a new law suit to appeal the action of the commission. :e-7iVl~ ~ ~~~RObe~D.D.S. President, RBS Corporation Ca \WPDOCS l crncoMK R.H.S. Corporation 650 West BoyntoD Bach Blvd., Suite #1.. BoyntoD Beach. n. 33426 . (407) 736-1700 March 19, 1996 Mayor Gerald Taylor and Commissioners City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 REF: Determination of legislative intent of zoning code Dear Mr. Mayor and City Commissioners: I, Mark Roberts, am unable to attend this Commission meeting. Since Staff is requesting from the commission a determination of their legislative intent on zoning code of Land Development Regulations (LDR), Chapter 2, Section 4.J.3., I researched the codes. I found the LOR addresses this iS8ue. The code reads as follows: LOR, Chapter 2, Section 4. General Provisions J. Other Structures. The following structures shall be permitted in front, rear, or side setbacks as provided in this ordinance, in any zone, EXCEPT WHERE SO NOTED: taking into consideration existing easements: 3. Bouse eaves shall not overhang or exceed the setback lines for more than two (2)feet. The LDR specifically addresses Staff's concerns as to whether commercial buildings are allowed to overhang into setbacks. The ordinance states that house eaves shall be allowed EXCEPT WHERE SO NOTED. Even if house eaves were the same as commercial building eaves, which they are not, the exception is clearly outlined in the LOR, Chapter, Section 6.B.3. It states that in a C-2 Neighborhood Commercial District that no building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the required setback regulations of 30 feet for front yards and 15 feet for side yards. The code clearly establishes the exception for house eave overhangs in C-2 Neighborhood Commercial Districts. Overhangs which include building surface treatments, window sills and cornices, and roofs are clearly not allowed to be built into the setbacks. The Development Department states that in the past they have willfully overlooked enforcing the City's ordinances at inspections. I believe this is a bad precedent and the appropriate inspectors should be reprimanded for this unlawful conduct. As an official of the City, they have a fiduciary responsibility to obey and enforce all lawful ordinances of the City. In conclusionr Clear Copy project should be built to the required codes in force at the time of application for site plan approval. House eaves have nothing to do with commercial building eaves. The overhangs into the setbacks on the Clear Copy project are clearly in violation of the LOR. The City has the responsibility to enforce their codes and ordinances. Should the Ci ty choose not to enforce their codes and ordinances, Ras Corporation will unequivocally and without hesitation pursue and file legal action for compliance of all applicable zoning codes on the Clear Copy project. Respectfully, ~Ji~~( Ma E. Roberts, D.D.S. President, RHS Corporation CI\WPDOCS\CtTTCOM2 --.-.......--.....---.--.--.-.-.--- -_._~----"---,_.__._- Art. I, S5 having the general responsibility for the conduct of a comprehensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said act. Section 6. Review of board decisions. All decisions of the planning and development board shall be advisory to the City Commission. Disposition. of an application or request made through the planning and development board shall not be deemed final until acted on by the City Commission. Once final, a decision may be reviewed by the filing of a petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. Section 7. COIIIprahaft-ive plan adopted; authority, purpose, pre ----.Jtion. A. Authority. Ordinance No. 89-38 is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act. Section 163.3184, et.seq., Plorida Statutes, and Chapter 9J-S, Florida Administrative Code. B . Purpose and intent. 1. It is her~ declared that the ~rpose of such ordinance s to preserve anc1 ennance the ex1st1ng qual~ of life; encourage the most appropriate use of I , water and resources consistent with the public interest; address current problems which have occurred because of the use aDd development of land; and deal effecti velI with future Xrobl..... which may occur as a rasul t 0 the use and. eve~opment ot land. Through the implementation Of the 1989 comprenens1ve Plan and those elements adopted herein by Ordinance No. 89-38, it is the intent of the City COIIIlli.ssion of the City of Boynton Beach, Plorida, to preserve, promcte, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; to prevent the overcrowding of land and to avoid undue concentration of populations; to minimize urban sprawl; to encourage the development and redevelopment of the coastal community; to ensure that the existing rights of property owners be preserved in accord with the Constitutions of the State of Florida and of the UDited States; to plan for and guide growth and development within the city by providing greater specificity and certainty in the .."l.e. A4opce. AP~11 t, 1"', O~4~ 1.5-4 ..~.O~ S8 Compliance with levels of service as stated in the Boynton Beach Comprehensive Plan is required. Section 9. Modification of approved site plan. A. Minor: A non-impacting modification which will have no adverse-effect on the approved site and development plan and no impact upon adjacent and nearby properties, and no adverse aesthetic impact when viewed from a public right- of-way as determined by the planning and zoning director. B. Major: A modification which presents a significant change in intensity of use which, in turn, may have a significant impact upon facilities, concurrency; upon nearby and adjacent properties, or upon findings made at the time of approval of the site and development plan as determined by the planning and zoning director. C. In making a"'minor/major modification determination, the planning director shall consider the following: 1. Does the modification increase the buildable square footage of the development by more than five (5) percent. 2. Does the modification reduce the provided number of parking space below the required number of parking spaces. 3. Does the modification cause the development to be below the development standards for the zoning district in which it is located or other applicable standards in the Land Development Regulations. 4. Does the modification have an adverse effect on adjacent or nearby property or reduce required physical buffers, such as fences, trees, or hedges. 5. Does the modification adversely affect the elevation design of the structure or reduce the overall design of the structure below the standards stated in the community design plan. 6. Does the modified development meet the concurrency . requirements of the Boynton Beach Comprehensive Plan. 1. Does the modification alter the site layout so that the modified site plan does not resemble the approved site plan. D. When any determination of major/minor modification made by the planning and zoning director is challenged or 'contested by the applicant, the modification shall be processed as a new site plan in accordance with this chapter. E. Procedure: A site plan modification shall be processed as follows, pursuant to its categorization: . t 1 . . '..;aaac. ~"'03 4-9 S9 1. Minor: Administrative review and action by the appropriate city departments. 2. Major: Processing is the same as for the original site plan. F. Required information: The following information must be presented with a request for a site plan modification: 1. Minor: A letter which sets forth the requested changes along with an exhibit showing that portion of the site plan which is to be changed in its present condition and an exhibit depicting the requested change. 2. Major: A major modif;~ation shall contain the same information as required for a new site plan submittal. G. Upon approval of a major site plan modification by the City Commission, the applicant sball bave one (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void and the applicant will be required to resubmit the plan for site plan review. At its discretion, the City Corrmission may extend the approval of a major site plan modification for a one-year period. Minor modifications shall not extend the time limits of an approved site plan. H. The planning director shall file a quarterly report on minor site plan modifications with the City Commission. Section 10. Review of site plans in tbe CBDCeDtral business district, zoa.ing district or the c~11"; ty redevel~t agency area. For areas zoned CBD central business district or within the community redevelopment agency area of- juriSdiction, all the sections of this chapter shall apply except that the functions of the planning and development board shall be performed by the community redevel~nt advisory board (CRAB) and the functions of the City Commission shall be performed by the community redevelop-T~t agency (CRA). Section 11. MainteDallce. Upon the issuance of a certificate of occupancy an improved site must be maintained in compliance with the approved site plan. '~rll .,.. O~dl...C. o.s.o~ 4-10 511.3 6. Bnvironmental review permits and other use or development permits. No building. permit or occupational license shall be 1SSUed, and no site plan as set. forth in Chapter 4 shall be apgroved, o_r ~y other use or development~ermit or approval shall be granted, for a use requiring an environmental review perm1t, Unt1~ an envfronmentir review permit has been granted. S1te plan reV1ew may proceed s~mu~taneous~y W1ttt reV1ew Q~ an env1ronmental review pernut app11cat1on, ancrPlans and documents submitted for review of an environmental review permit may also Dk?e used tor site lan reV1ew: rov1C1ec1, nowever, tnat 7 l.n all cases approva 0 t e env ronmenta reV1ew -- . ermit shall precede approval. at the 51te p~an. , - 7. Bnvircumental review permits and state pollution control regulations and permits. In the event that state regulations or permits would apply to emission of pollutants from a use, such regulations and permits shall govern in all cases provided that an environmental review permit is granted for the use. Where the level of pollution discharge which would be lawful under state regulations and permits would not meet the standards set forth in Section 11.3.0., such use shall- not be granted an environmental review permit. In no case shall the issuance of an environmental review permit be construed to relieve the applicant from complying with or obtaining appliCable federal, state, or county regulations or permits of any type. 8. Review procedure. In the review of applications for environmental review permits. members of environmental review committee shall make written comments as to the desirability of the use described in the application locating on the site proposed, and modifications that are reconmended to the proposed use aDd development of the property in order to meet the 8taDdardS set forth in Section 11.3.D. No , application shall be considered to be approved until all members of the environmental review committee have approved the application. The environmental review coamittee may impose any conditions and safeguards necessary to ensure compliance with the standards set forth in Section 11.3.D. and shall not approve any application for an environmental review permit that does not comply with such standards. The environmental review committee may disapprove any application in whole or in part, or any characteristic of the use described therein, which does not comply with such standards. The committee shall designate a secretary who shall be responsible for recording the findings of the committee with respect to the conformance of the application with A4cpC.4 Aprtl 4, t",. Or41...ca .",02 ..vt..4 2-133 _H , ----L.=:.L ,a.,.. wr,1 'r~ . - .flj~"~ H~ f. -rt.: r.! . . i ~ .:; ~ .. ) (I' .. , ' J f !. - ~!! tt ~, il' I~ - ;:f'~f"-I}~J~ ili j; ~ -:' ~ : P I~ '"""f' '.. '. I : 4. ,. , ~ i i;: ", ;" , "~, 7/ ~ i - ~ ~. I.. '/ W' Q '; ~ F I QI~'~ ~' . sf ".i ~I 'i;~ ~ ~ -c'<" _ ~ ~rj ,~, tl I, "., ~ il~ i,y,' i.,Z!~ i'. 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"~'":2 3 : i ~,c\) l~ ~: f..t .c ~-2~~Si'" t!i, .-l ~ ~~i.g. 5, ~ -.[': :,.,:~; 'r-~ :~,. I \l. 6 ~,~; ~~\t31l!.AB Q 5 ~;~: i,~,'m~~.,.:~ Kjl~: ~ %~.~~ ~~ ~ lS ~! ~" "1. _~;~ ~~l ' ~,'"::"'., I" l . ,S~ ~ *"*-, ~ 0 ""M ~, , 'rJJ ill- IJ f :.' -!._ ., '" '.!! ~~ ~1 ., ~ 01:" , . ~ ~~. fl.t"1T(0:C7Ci' f!J " ~ 0.1 ~ .2.. a \- ~ ~"'t'. . ~~ ~-1:. - " ~ .. ~,~ \- . ""3 I -- "i so: ~ ct. )-. ~a ~3 - Q \>>~ \ ~,'-l .' "::r. ">\ :;s " 8l - ~! t I ~ \=-: ~ \U t::L. -=> ~ ill,,-: u: .:-.J.~c:... j,,,"- ~ . -:., ~ ~-'s: ~ ~ " i:: ::r "'" "', . -' -- ~ - ~ ~ ':% -~, ~ -..r 1"J\ ~ ~ - . ,~ - ~sti ~ .3. -: ~ r(' ~ ~, - \ , '. --z.~; -% f'\ 1:.\ i ..;:) \.I'~; $' - ~: ~; '--. : bt ~'r-: w; 6:~ ~ ~, ,.~ ~, I 5- .G ' -:z Ji e 41 ~' ~! 0 ~I " ' j I j, !. I ,C) C I !U I_I ' ~ ' ~ I ~.:~~ :~ _. , ~;8;2 ~:'Z: I '~::>1~ i'~:l - $"'~ 1i d": , I ~:l;il :i' ',:~ - 1~1 ~ '.r t::~i4! :s ~, . .. ." IU' '<-: ~' ~:<! .4; .j" , ..... i 0:, \-, f-;' 4':i ::Sl -.J:-.::r-I~ ~ .,~; c{) I ,.. ',"~'.:1::' 2 \iSi5 j,'..;.... j:~;~ ...l:\1I~1 -..:t.;~ i ir _ , I; - : ,. i , .! <J:. - . <! Ul +J C:I . ~ ~ t ~I O +J 0. -- c! ~ .1: ..g o 0 ~ Q) c.. CD CD c.. o m ~ ~ c( o ~ o .... ... ~ t:1 ~ ~ :S:, ::I; ozl C.! ~: -, ' ~; ilr i :':";'1 Art. II, 55 right-of-way, excluding dedicated alleys to the rear of building, there shall be provided landscaping between such area and such right-of-way as follows: 1. A strip of land at least five (5) feet in width located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping is to include a minimum of one tree for each forty (40) lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted i~ a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet. In addition, a hedge, wall, or other durable landscape barrier of at least three (3) feet in height shall be placed along only the interior perimeter of such landscaped strip. If such durable barrier is of nonliving material, for each ten (10) feet thereof, one shrub or viDe .shall be planted abutting such barrier along the street side of such barrier. The remainder of the required landscaped areas shall be landscaped with grass ground cover or other landscape treatment. S . Perimeter landscaping relating to a1:Ntting properties. On the site of a building or structure or open lot use providing an off-street parking are. or other vehicular use area, such are~l.. ~ provided with a landscaped barrier, preferably a hedge not le.s than four (4) feet nor greater than six (6) feet in height to form a continuous screen between the off -street parking area or other vehicular use area and such abutting property. Such land8cape barrier shall be located between the cOmmon lot l1ne and the off-street carkino area or other vehicular use area in alantin stri of not less than two and one- (2 1 2) eet 1n W1 t. e rOV1S1ons of this lND.eecion shall not be appl c 1.11 the following situations: 1. Wben. property line abuts a dedicated alley. 2 . Where a proposed parking area or other vehicular use area abuts an existing hedge, said existing hedge may be used to satisfy the landscape requirements of this subsec:tion provided that said existing hedge meets all applicable standards of this article. F. Accessways. The maximum width of an accessway (whether one- or two-way traffic) through the required perimeeer landscape strip to an oft-street parking or other vehicular use area shall be thirty-tive (35) teet. The balance of such street frontage not involved with A.O,C.. A,Cll .. 1"'. Oc.l..... O"-OJ ....,... 7.5-16 54 property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. 7. Heat, humidity, or glare. No use shall be carried out in any zoning districe so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any properey or use shall be directed away from any resideneial use which is a conforming use according to these zoning regulations, so as nee to create a nuisance to such residential uses. 8 . Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state or county laws or permits. 9. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Blectrical and Electronics Engineers, or the Blectronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Pederal communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. "dope.4 "prl1 4. 1"'. OrlSlallllCIl 0"'.02 '.Vl..cS 2-13 ..--- Boynton Beach, Florida Code of Ordinances ARTICLE II. REFUSE, GARBAGE AND TRASH* *Editor's note-Ord. No. 82-29, ~ 1, enacted Sept. 21, 1982, repealed fonner Art. II, ~~ 10-22-10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II, pertaining to the same subject matter. Former Art. II was derived from Code 1958, ~~ 13-2-13-6, 13-9, 13-11, 13-13, 13-33-13-41, and Ord. No. 80-20, ~ I, adopted June 3, 1980. Sec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. All garbage and some trash and horticultural refuse accwnulated in the city shall be collected, conveyed and disposed of by the city under the supervision of the public works director. The ublic works director shall have authori to make administrative regulations concerning. e ys 0 co ectlOn, type an ocmon 0 waste contamers an sue 0 er matters pertaining to the collection, conv.eyance and disposal not otherwise set by the city commission or the city manager as he shall fmd necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrarY to the provisions here,Q,f: (Ord. No. 82-29, ~ 1, 9-21-82) Sec. 10-23. Definitions. For the purpose of this article, the following words and terms are defmed as follows: Additional pickup means a collection of garbage, combustible trash., noncombustible trash or yard trash required due to the inappropriate container. lack of containerization andlor size or type of material placed out for pickup. Commercial means places of business including, but not limited to hotels, motels, restaurants, offices, industries, stores and other locations which hold themselves out to the public as places of business or accommodations. COnJainers or receptacles: (1) "Noncontainerized" means the use of a standard thirty- three (33) gallon or less garbage can constructed of light gauge steel, galvanized metal or plastic with a tight-fitting lid; such receptacle to have two (2) handles upon the sides thereof or a suitable bale by which it may be readily lifted for the purpose of easily emptying into a sanitation vehicle. ' (2) (3) "Containerized with wheels" are containers supplied by the occupants who choose to use them inside buildings and roll them to the designated outside location for pickup. CODvriaht (c. 1995. American Legal Publishina CorDoration % I Boynton Beach, Florida Code of Ordinances J "Specialized refuse bag" means an approved waterproof paper or plastic bag designed to receive the equivalent of thirty-three (33) gallons of refuse. Dispose means to deliver to approved landfill or transfer station or other approved disposal method. (4) Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible trash, and yard trash. Such items are hereby further defined as follows: (1) "Garbage:" Every accumulation of animal, fruit. or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay may serve as a breeding or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which ciue to their ability to retain water, may serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. (2) "Combustible trash:" Accumulations of paper, rags or wooden or paper boxes, sweepings, and other accumulations of a nature other than garbage which are usual to housekeeping and the operation of stores, offices, and other business places. (3) "Noncombustible trash:" Materials that are not burnable at ordinary incineration temperatures, such as metals, mineraI matter, metal furniture and auto bodies and parts. (4) "Yard trash:" Shall mean vegetative matter resulting from landscaping maintenance and land-clearing operations including accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to exceed four (4) inches in diameter or four (4) feet in length. Yard trash shall be collected on scheduled pickup days. Residential means any structure or shelter or any part thereof used or constructed as a residence for one or more families. Sanitation supervisor means the director of public works and his duly authorized agents. Special pickup is a collection resulting from a call from residents to the public works department to arrange a "special pickup" for items not collected weekly. Such pickups include the following items: Washers, dryers, furniture (including mattress and springs), rugs and other household items. Horticultural refuse larger than one cubic yard will also have to be arranged by the resident with the public works department. Special pickups will be coordinated with the resident and the sanitation supervisor as to time, place, date and items to be picked up. Items to be picked up will not be deposited at curbside prior to approval of the sanitation supervisor. Waste material means and includes sand, wood. stone, brick, cement, concrete, construction blocks, roofing and other refuse building materials usually left over from a construction or remodeling project also trees, tree stumps. tree limbs larger than four (4) inches CODvriaht tc) 1995. American Leaal Publishina CorDoration '" ,.v. Boynton Beach, Florida Code of Ordinances in diameter and longer than four (4) feet in length, except palm fronds. (Ord. No. 82-29, g 1,9-21-82; Ord. No. 92-12, ~ 1,6-2-92; Oni No. 94-28, g 1,9-9-94) Sec. 10-24. Residential noncontainerized collection. (a) The occupant of each household in the city is hereby required to provide refuse containers of sufficient capacity to hold four (4) days' accumuJation of garbage and loose trash from each household. (b) conditions: (2) (3) (4) The city will collect noncontainerized residential refuse under the following (I) Garbage and combustible trash will be collected twice per week at curbside from residential units, in standard thirty-two-gallon garbage cans or sealed bags placed within five (5) feet of curbside. Maximum total weight per full container shall not exceed thirty-five (35) pounds. All containers shall be aboveground and shall be located a minimum of five (5) feet from any obstruction that may interfere with routine collection. Underground containers may be used for storage of garbage, but must be placed above ground on collection days. Yard trash will not be collected with household' garbage, but will be picked up once per week on a scheduled trash pickup day . Yard trash capable of being containerized should be placed in a standard garbage can or disposable container. Yard trash must not be commingled with household garbage. Collection of yard trash should be piled separately from all other trash at curbside. Placing of yard trash in the paved area of the street or on vacant lots is prohibited. Construction debris, auto, truck or motorcycle parts and hazardous waste material will not be picked up by the city and owners must make arrangements for proper disposaL All garbage cans shall be subject to inspection and approval by the public works director or his designate at all times. A container not approved by the public works director and which is set out for collection will have a notice placed upon the container, handed to the owner or occupan~ or left at his residence and the occupant shall no longer use the container for collection. It shall be unlawful for any person to place. in such unapproved container, any garbage or other material and the owner or occupant of said premises shall provide a new container to take the place of the unapproved can. All yard trash shall be placed in approved containers or bundled for pickup. No loose' material, such as leaves, grass clippings, hedge clippings, and yard sweepings shall be set out for collection. Special waterproof disposable refuse bags or any other containers may be used. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the property 0ccupants. Rupture of or damage to the bag or container from any cause resulting in the scattering of refuse prior to the arrival of collection personnel will obligate the user to reassemble all of the refuse and provide an undamaged bag or container prior to pickup by the city. CODvriaht (e' 1995. American Leaal Publishina CorDoration Boynton Beach, Florida Code of Ordinances (5) Yard trash too large for containers and consisting of tree branches, palm fronds, brush, trimmings, etc, shall be cut in lengths not exceeding four (4) feet and not more than four (4) inches in diameter. (Length limitation does not apply to palm fronds.) Accumulations shall be stacked in compact piles at curbside within the confmes of residents' or owners' side property lines. Deposits of refuse shall not obstruct pedestrian or vehicular traffic. The city will not collect yard trash produced from commercial tree trimming operations, landscape and lawn maintenance operators. No refuse shall be placed on property owned or occupied by others without permission. (6) Accumulation of waste material of any type shall not be permitted to remain in street right-of-way in excess of four (4) days. (7) All wet garbage matter shall either be wrapped in paper before being placed in refuse containers or bundled so that leakage from container is prevented. All garbage, after having been so cared for shall be daily deposited in the containers herein required. Tin cans, bottles and other containers shall fll'St be drained of all liquid. All refuse containers shall be kept tightly covered at all times, except when it becomes necessary to lift the cover for the purpose of depositing refuse in the container or for the purpose of emptying such container into a disposal vehicle. (8) No refuse container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using the city's streets or sidewalks, except that not earlier than 6:00 p.rn. on the day preceding that upon which refuse collection are customarily made from such premises, such containers shall be placed within the required distance of the street for the purpose of permitting the collection of refuse therefrom, and which containers shall be permitted to remain in such places only for and during the period of the day upon which such collection is made. Protection of the containers placed for collection is the responsibility of the resident. (9) Special pickup shall be coordinated with the resident and the sanitation supervisor as to time, place, date and items to be picked up. Items to be picked up will not be deposited at curbside prior to approval of the sanitation supervisor. (Ord. No. 82-29, ~ 1,9-21-82; Ord. No. 92-12, 9~ 2-4, 6-2-92; Ord. No. 94-28, ~ 2, 9-9-94) 'VI . Sec. 10-25. Containerized commercial and residential collection. (a) Regulations governing containerized service: (1) (2) Free dumping access to containers at all times shall be provided by the user. All CODvriaht (c) 1995. American Leaal Publishina CorooratJon Boynton Beach, Florida'tode of Ordinances containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle. ....-/ (3) Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The owner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying. (4) The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose. (Ord. No. 82-29, ~ 1,9-21-82) Sec. 10-26. General regulatio,!~. . (a) Predetermination of refuse storage sites required Prior to the issuance of a building permit by the city building department for the renovation, modification or erection of a new structure other than single-family dwellings, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the public works department and the city building department and the builder-owner-occupant as applicable shall mutually arrive at a satisfactory arrangement to meet collection requirements. (b) [When refuse collected) Refuse from commercial establishments will be collected daily or as necessary to meet sanitation standards. Refuse from containerized residential units will be collected twice a week. (c) Duty to record and bill users of city system. The sanitation supervisor shall cause to be kept. an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. (d) [Burying refuse prohibited) It shall be unlawful for any person to bury in the ground any refuse. (e) [Unlawful deposits.) It shall be unlawful for any person to deposit refuse upon any vacant or unoccupied premises in the city or upon any occupied property without the permission of the owner or upon any street, alley, park, parkway, or in any canal, waterway, rock pit and sand pit. pool or lake within the city. Cross references-Depositing litter in bodies of water, ~ 15-30; polluting park waters, ~ 16-26. (t) Mulch or compost piles permitted Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. CODvriaht (c) 1995. American Leaal Publishina CorDoration 1.2/ Z1 /9$ - - ~Otl2 COMMERCIAL DUMPSlERS - a'tAIID ~.,AIID ---- .... .....~ =----- ..,..- ---- - ll-: ... I' ) I' \ t:::?---::A t. . I , , \ ... "'..... ..... .... ..... fI'''' .....,.. . .......... U. - -).'"... \. tD I X /0' pAl) ./..------------ -"'-,..-.--- 58 4. Off-street parking ~reas shall be provided which adequately accommodate maximum vehicle storage demands for the proposed development and are located and designed in such a manner so as to serve the uses in the proposed developmen~ and not crea~e incompatible visual rela~ionships. 5. Safe and efficien~ access to all areas of the proposed develo~ent shall be provided for emergency and service veh1cles. 6. Sidewalks shall be provided as required by the city regulations. 7. Conformance with the city and county throughfare plans is required. 8. Compliance with the Palm Beach Traffic Performance Ordinance is required. o. Conmunity services: All proposed developments shall be designed and located in such a manner as to ensure the adequate provision ot the following community services: 1. Fire protection; 2. Police protection. S. Buildings and other structures: All buildings and structures proposed to be located within a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate enviroament. The following guidelines shall be followed in the review and evaluation ot all buildings and structures: 1 . Proposed buildings and structures shall be related harmoniously to the terrain, other buildings and the surrounding neighborhood, and shall not create through their location, style, color or texture incompatible physical or visual relationships. 2 . All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of residential uses and related activities both on the site being developed and adj acent property. 3. All permanent outdoor identification features which are intended to call attention to a proposed development and/or structures shall be designed and located in such a manner as to be an integral part ot the development. 4. All buildings and structures shall comply with the conmlnity design plan. F . Concurrency and level of service standards: For the purpose of the issuance of development orders and permits, the City of Boynton Beach has adopted level of service standards for public facilities and services which include roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. A40,C.4 A'~11 t, 1"'. O~41...C. 0'S-02 ........ 4-8 56 goods that are brought to the premises by retail customers. d. Any use listed under 6.B.1 or 6.B.~, which uses, handles, stores, or displays hazardous materials, or which generates hazardous waste as defined by 40 Code of Federal Regulations, Part 261. 2. Prohibited uses. Within any C-2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the following uses: a. Any use not specifically allowed in accordance with the list of uses under 1., LA., and lB., above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allowed in accordance with the list of uses under 1., lA., and lB., above. c . Outdoor storage or display of any type. d. Sale of firearms or ~ition. e. Sale of fireworks. f . Temporary employment centers, operated on a walk-in basis. g. Any wholesale establishments, storage as a principal use, or off-premises storage, or distribution. n. Sale of alcoholic beverages, other than beer or wine. i. Serving of alcoholic beverages, except for consumption on premises within a duly licensed restaurant and in conjunctio~ with the serving of regular meals. j . Lumber yards or building materials stores. k. Sales bazaars, farmer'S markets, flea or thieves' markets, swap shops ancl trading posts. 3. 50 feet 100 feet 5,000 square 40 percent 30 feet Minimum lot frontage Minimum lot depth Minimum lot area Maximum lot coverage Minimum front yard Minimum side yard (interior lots) lS feet* Minimum side yard (corner. lots) "--,- 20 feet"on - ------'---~----.itreet teet side AdOpC.d Aprl1 t. 1111. Ordla.... 0'1-03 ....l..d 2-31 511 g. Miscellaneous uses: (1) Taxi offices and bus stations: One (1) parking space per one hundred (100) square feet of gross floor area. (2) Communications facilities, including broadcasting facilities and telephone exchanges: One (1) parking space per one thousand two hundred (1,200) square feet of gross floor area, plus required parking spaces for any floor area occupied by offices. (3) Greenhouses: One (1) parking space per two thousand (2,000) square feet of gross floor area, plus required parking spaces for any retail floor area. I. LOCATION OF OFF-STRBET PARKING SPACES. 1. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. 2. Required parking spaces for all other uses shall be owned by the owner ot the building or lot to be served, and shall be located 011 the same lot, or not more than three hundred (300) feet distant, as measured along the nearest pedestrian walkway. 3. Parking space requirements at two (2) or more uses of the same or ditferent types may be satisfied by the allocation of the required number of spaces for each use in a common parking facility. Joint allocation among several uses of a lesser number of parking spaces may be permitted in accordance with oaragraph 13 of this subsection. J. OFP-STRBBT LOaDING: . .,. _::.-"" .: 1. For the ~se of this ordinance, the term "oft-street o.ding or unloading space" shall mean a vehicular loading space constr:.~ed of a hard surface and shall consist of a space w dimens10ns not less than twelve (12) feet in widtr. ~irty-five (35) feet in length and fourteen (14) ff: lon hii~t, exclusive of accesa aisles, maneuvering . _,ace or alley right-of-way. The following spaces shall be orovided for the uses indicated: J a. Bvery hospital, institution. hotel, commercial C?r .industrial building, or similar use, requiring the receipt or d1stribution by vebicle at materials or merchandise, shall have sufficient 2. .."1.... A"Op~." Aprll 4. 1"'. Ordlaaaca 0'1-.3 2-110 511 b. an and K. PERMANENT RESERVATION OF SPACBS. Area reserved for off-street parking or loading, in accordance with the requirements of this section, shall not be reduced in area or changed to any other use unless equivalent off-street parking or loading is provided in accordance with this section. L . COMMBRCIAL BSTABLISHMBNTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS. 1 . Purpose. The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale of gasoline, or other motor fuels. These regulations are intended to cover businesses of any type. including convenience stores and automotive service stations. The development standards established by this section would overlay the development criteria stated in the zoning district in which these uses are allowed. Businesses, which engage in the sale of gasoline or other motor fuels, shall require conditional use approval. 2. Definitions. Por the purpose of this ordinance, the following definitions shall apply: Automotive service station. The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasOline or other motor fuels. Convenience store. Any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gaSOline and 3services. The term "convenience store" does not include a store which is solely or primarily a restaurant. Gasoline dispensing establishments. Any comm~rcial enterprise, including automotive service stat10ns and convenience stores, which engage in"the sale of gasoline or other motor fuels to the public. "Oopt.O "prll .. 1"1. OrlllOIlIlC:. 0"'0:1 2-~~~ ".Vl... -->----"--------_.,_._.~+--------~----- Rev BY: 3-14-96 1 :34PM ;JOSIAS & GOREN. ~ A.~ Boynton Beh faxi# 2 JOSIAS Be GOBBN, P.A. ATTQIINIPW.AT LAW SUITE 200 :"088 lAST COMMlllCIAL BOULEV"..O F011T 4gJ)~ F:r.nwnu. aoooa $T~C;N I.. "'051". #o.....uO::I. ;0. QQ"~N JAMES .. e~ItAOF' ;lONAI.O J, OOODY I(f;RRY L, EZRQL TI:U~O".l3GIIJ m'..1500 I>AU' lIIEAQl """',216oENOO rAe.'WII.I;. (3GIJ,77J 04a23 ........11... Iol. TREjo'" LEONARD G. RV_IN Nf~\,..j. .....\NELc:.zytc RQaERT W. VA~ March 14, 1996 VIA FACSIMILE AND U. S. MAIL Re9inald Stambau9h, Es~uire Miller & Woods, P.A. 1400 Cen~repark Boulevard suite 860 West palm Beach, Florida 3J401 Re: c~~~ or Boynton Beach a~. RHS corporation r950400) Dear Mr. Stambaugh: When we spoke yesterday, you indicated that your client, Dr. Roberts, had authorized you to file suit pursuant to Chapter 119, Florida statutes (trPublic Records Law") based on the city.s purported refusal to allow him to inspect records pertaining to the City's determination as to whether the modifications to the Clear Ccpy s::i'l:.8 plan are major or minor. As; I ani liiIure YOU are aware. the I'Iublio Rooordc ~w prov.L.Uoc UIAlt t:ho- ~it:v I1tQa;:l: cuI, prudLu..y------- doau.m.cnt.:ition that: it hac: in it.c poc;coc:cion. Tho City har.: no obliqQ~ion to Q~ente ouch recorda. I havQ ~pokQn with Tambri He,mano who ha~ indicated that the memorandum to the city commission settinq forth City staff's J....,l.........lualluu ......laLlv... L.J Ll..: !l""a... ~U~Z o':'Lc v1uu 141"'0 uul J'cL Lee.. completed. :It is anticipated that this m&mcrandum w.i.ll bl! completed by Friday aftornoon. At that: time, the City will be mora than willing to provide your oliont vi~h a oopy. Should you have any que~tiOl\Sr please do not: hesitate to contact me. Sincerely YOU1"a, 7--w-__/ ~ ...- LEONARD G. RUBIN LGRj rmt 9504CO\STAMBAUGH.LT~ cc: Tambri Heyden (via facsimile) n GEE & JENSON Eng,neers-ArChilects-Planners, Inc March 14, 1996 One Harvara C,rc;e West Palm 8eacn, Fl. 33.:09 TelepMne (J07) 683-3301 Fax (J07) 656-;JJ6 Ms. Tambri Heyden, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, FI33425-0310 Re: Clean Copy, Inc., Site & Construction Plans Boynton Beach. FI Dear Ms. Heyden: The site plan and construction drawings for Clear Copy, Inc. located at West Boynton Beach Boulevard and N.W. .,... Street submitted to your office on March 6, 1996 and March 8, 1996 respectively, are substantially different from previously submitted plans. Among the changes made are the following: 1. Ingress driveway to the property has been changed from N.W. 1-'. Ave. to N.W. 7'" Sl 2. The parking configuration has completely changed. 3. The parking lot grading has changed altering drainage patterns and driveway slopes. 4. The site plan indicates deletion of a dumpster, however the construction drawing indicates incJusion of a dumpster. In addition to the above noted changes, the following are items of concern, particularty where variances are required: 1. There is no landscape buffer proposed at the east side of the parking lot requiring a variance. 2. The dimensions of the parlting lot are inconsistent between the site plan and the construction drawing. In either case, a variance would be required. 3. No data was submitted indicating compliance with lighting requirements. 4. Access for emergency and service vehicles should be reviewed. f:~'heyden.doc n City of Boynton Beach Attn: Ms. Tambri Heyden March 14, 1996 - Page 2 The above enumeration of changes and items of concem is not all inclusive. but is indicative of major plan changes which require a more in depth review than would normally be required under minor site plan change review procedures. Very truly yours. cf.IcuAdL ~ ~1" Harold T. Benoit, Jr., PE 96-105 cc: Mark Roberts, D.D.S. Reginald Stambaugh, Esq. , ....arvard Circle, West Palm Beach, FlOrida 33409. (407) 683.3301. Fax (407) 686.7446