CORRESPONDENCE
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R.H.S. CORPORATION
PlA~,~.I~Q AND
Ept
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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:
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RECEIVED
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APR "1:11996
CITY MANAGER'S OFFICE
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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:
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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
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RECEIVED
APR l f 1996
ClrY'MANAGER'S OFFICE
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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
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DEPr.
HOLD.WPD
Phone: (407) 375-6350
FAX: (407) 375-6357
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tamirwnt peril of life or p~fty. In 'u~b ca..,
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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
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procedural purpo..., U awl1oatioa Cor a .,.cial
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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.
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ATTORNt'V$ "IT LAW
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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.
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Should you need
contact me.
JAC!aw
ee: Carrie Parker, City Mena;.~
8111 Hukill, Direotor of Develop.ent
"0400\IT~.LTS
hesitate to
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JOSIAS & GOREN, ~A.
...TTO"NEYS....T "I&W
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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)
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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~.
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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
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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$
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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