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REVIEW COMMENTS Douglas J. Love, M.D. 8055 West Oakland Park Blvd. Sunrise, Florida 33321 August 20, 1987 Planning Director City of Boynton Beach 200 North Seacrest Boulevard Boynton Beach, Florida 33425-0310 re: application For varianc~ - 202 East Boynton Beach Blvd. Dear Sir: This letter is intended to serve as a Formal request For a variance From the moratorium imposed under Ordinance Number 87-10. The subject property is located at 202 East Boynton Beach Boule- vard, Formerly Ridgeway Plumbing. I purchased this property For use as an oFFice For my ortho- pedic surgery practice with the intent of utilizing the existing structure with only minor interior renovations and minor exterior improvements to enhance the appearance of the structure. The ex- terior improvements were to consist of painting the structure, erecting a new sign, restriping (and possibly resealing) of the existing ashpalt pavement, addition of a canvas awning over the Front entry, and restoration of existing landscape areas. In considering the purchase of this building I relied on inFormation From your City Attorney, Mr. Raymond Rea, as given to Ray W. Allen, Jr. in correspondence of June 3 and June 5, 1987 (photocopies of correspondence enclosed). There was no mention at that time that the change in use would be considered as "sub- stantially intensiFied" even though the proposed change in use was speciFically mentioned. There was no mention of any pending ordinance, whic~ I underotand was passed on the 18th of this month, requiring a change in Use to meet the new parking ordinance. The net efFect is that this property has been rendered use- less For the purpose for which I purchased it and I therefore seek your guidance in obtaining a variance. ~trUIY Y01 . DOU9{: ~ve, M ~/J " -- .-~ . CITY of BOYNTON BEACH ~ .' -- -'~ ,)oi7..,....,~ 1fW'.Of~~"H"..~...."..I::l. _. _.:..~ l.:.ii:.li . ~,,:''if9'::~~-'' ,jju' I ~- ~ ~~ jIit__l~~ ' Beach Blvd. '-", r ___::;;.- 1 . d .~ ....L. o' F or~ a 3342S-03l0 .,;-.:,.....- (30S)734-8lll June 3, 1987 @ l20 E. Boynton . . . '- P. O. Box 310 · ~- Boynton Beach. Ray W. Allen, Jr. P.O. Drawer AA Boynton Beach, Florida 33425 Re: Ridgeway Plumbing Building Sale/Moratorium Ordinance 87-10 Dear Mr. Allen: I have reviewed the addendum to a purchase and sale contract pursuant to your letter dated June 1, 1987, which relates to the sale of the Ridgeway Plumbing building and planned alterations and repairs for the conversion of this building to a orthopedic surgeon's office. In the light of.' the information provided by your letter and by review of the addendum, it is my opinion that Ordinance No. 87-10 in and of itself will not prohibit the interior alterations and face-lift which will be necessary to convert this building to a different use. As you are aware 87-10 attempts to maintain the status quo with regard to major alterations of any structure along the Boynton Beach corridor. However, this 'moratorium ordinance cannot be read in a vacuum since there are numerous other ordinances which have to be complied with prior to any, alteration of a building anywhere within this City's jurisdiction. For example,' there are numerous parking criteria which would effect a building such as this wh~n the use is changed. Thus, the effect of the Moratorium Ordinance should be minimal, if any, upon this sale and proposed change in use. Additional requirements may be needed to be met pursuant to other Ordinances of the City of Boynton Beach. As these cri teria inter-relate with the Moratorium Ordinance, this ordinance has a variance procedure that can be followed to move this project along. However, because of the variables involved I cannot predict with certainty that all approvals can be achieved in a purely administrative fashion. - . . Ray W. Allen" Jr. June 3, 1987 Page 2 I hope this letter has answered your questions. If you have any further questions do not. hesitate to contact me at any time. ~trU1Y, 0 ~~~ Raymond A. Rea City Attorney RAR/ras '. ... .. @ l20 E. Boynton ", . P. O. Box ~lO · ~." Boynton Beach. Beach Blvd. CITY of BOYNTON BEACH Florida 33425-03l0 (305)734-8111 June 5, 1987 Ray w. Allen, Jr. P.O. Drawer AA Boynton Beach, Florida 33425 Re: Ridgeway Plumbing Building Sale/Moratorium Ordinance 87-10 Dear Mr. Allen: This letter 1s intended as a follow-up to mine dated June 3, 1987, wherein I provided an informal interpretation of the application of the Moratorium Ordinance No. 87-10 upon the above referenced sale. After, considerab.le discussions with the building staff and the City Manager's office and after further review of my prior'letter to you I have determined that it would be beneficial for all parties; involved to provide additional clarificati~n.1 regarding theZ application of 87-10 to this specific transaction~ ' As you may recall in my letter of June 3, 1987, I indicated ito you that it. was the intent of Ordinance No. 87-10 to maintain the status quo with regard .to major alterations of any structure along the Boynton Beach corridor. Additionally, my letter stated that 87-10 could not .be read in a vac::uum since numerous other c.rdillances would be applicable to any change in use of a bUilding. Thus, the dispositive issue for evaluation of thi~ specific use would be whether the interior alterations and other alterations Intendod by the new purchaser are in fact ~ of a major "nature". Suoh a determination can only be made with the required specificity upon staff evaluation of the bUilding plans for the hew use. Upon staff evaluation a determination would be made as to the intensity of the new~ use and its applic~tion under the various ordinances .of this City. The applic~tion of the various ordinance criteria would thon be interpreted in light of 87-l0 to the specific project. I ~ I Should the plans and Use indicate that the alterations are ins1~nific&nt or that the change' of use is not -- --=;r-. . . \ Ray W. Allen, Jr. June 5, 1987 Page 2 substantially intensified, the Moratorium Ordinance should have no effect upon the proposed use. If however, upon evaluation of the specific plans for this parcel it is determined that major alterations are occurring, or that the proposed use is subatantially intensified to activate other required code criteria, then there are variance procedures provided in the ordinance which can be utilized by the purchaser to pursue the additional use he requests. I hope this letter has clarified the comments I made on June 3, 1987. If you have any further questions, do not hesitate to contact me at any time, ~~rUlY yours, ~~~~ Raymond A. Rea RAR/ras '. I I ( .J) ..../ ., "', (\ . "t:--!.; ~ >J . .:,,1..'1 ~.F 0 0'~' \ · h..;<:\ ...1 "1,'--- r-) .~. ~ t\!.. \ , , _1\) I J ,- ..,;=,.-- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P. M. on Tuesday, November lO, 1987, at Commission Chambers, Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida, to consider an application for a varian- ce on the following described property: Applicant/Owner: Agent: Legal Description: Location: Requested Variance: Douglas J. Love, M.D. Luther L. Eubanks The west 89 feet of Lots 7, 8, 9, and 10, Block 3, Original Town of Boynton Beach, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23, less the following desc~ibed property: That part of Lot 10, Block 3, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Section 28, Township 45 South, Range 43 East, said part which is included in the external area formed by a 20.00 foot radius arc which is tangent to the West line of said Lot 10 and tangent to the north,line of said Lot lO. 202 East Boynton Beach Boulevard (Southeast corner of East Boynton Beach Boulevard and N. E. lst Street) Relief from Ordinances Nos. 87-10 and 87-16 declaring a temporary moratorium upon applica- tion for and issuance of building permits for the construction or alteration of buildings and . structures bee ween the western boundary of the Central Business District of this City and the western City limit along Boynton Beach Boulevard to permit the conversion of an existing struc- ture into a medical office building with related site improvements. '. ALSO ~ A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request on November l7, 1987, at 8:00 P.M. or as soon thereafter as the agenda permits at Pineland Plaza, Commission Chambers. All interested parties are notifed to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record 0f the pro- ceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH PUBLISH: THE POST October 25 & November 1, 1987 ---. -,--.. -.- -::..- M E M 0 RAN DUM November 5, 1987 TO: FROM: SUBJECT: Planning and Zoning Board Peter L. Cheney, City Manager Dr. Love Medical Office Building Ordinance 87-10, passed by the Mayor and City Commission on May 19, 1987, placed a temporary moratorium on development between the western boundary of the Central Business District and the western City limit along Boynton Beach Boulevard. Section 6 of the Ordinance provides for a variance from the strict application of the terms of the Ordinance and sets forth procedures for consideration and granting of a variance for those cases which would cause unique and unnecessary hardship upon the applicant, or when the specific proposed use or uses in terms of area, yard, height, etc. are consistent with the future development of Boynton Beach Boulevard. The Boynton Beach Planning and Zoning Board is designated as the Special Variance Board to hear these applications. The Special Variance Board shall make advisory recommendations to the Boynton Beach City Commission. A property owner desiring to obtain a moratorium variance directs his request to the Planning Director. The request is reviewed by the Technical Review Board and the Technical Review Board makes a recommendation to the City Manager. The City Manager then forwards a report and his recommendation to the Special Variance Board. A request for a moratorium variance has been submitted (Dr. Love Medical Office Building) for consideration by the Special Variance Board and City Commission. This request has been reviewed by the Technical Review Board and a copy of the Technical Review Board comments is contained in the attached memorandum from City Planning Director, Carmen Annunziato, dated October 26, 1987. The Technical Review Board recommended denial of the moratorium variance. The temporary moratorium on development along Boynton Beach Boulevard was approved by the City Commission in order to allow a study to be conducted in order that the Commission could adequately evaluate and/or establish specific architectural and landscaping guidelines, traffic impacts, location of turn-outs, median cuts, turn lanes and traffic signals, drainage requirements, projections for office and retail floor space needs, etc. The results of such a study will provide the Commission with the information necessary to add to the character and significance Boynton Beach Boulevard. -2- Reconmendation For two reasons I reconmend that the Dr. Love Medical Office Building mora- torium variance request be denied. The first reason for this reconmendation is based on the unanimous reconmendation of the Technical Review Board that the site plan be denied. The second reason for reconmending denial is that the Technical Review Board also unanimously reconmended denial of the four parking lot variance requests. Furthermore, additional variances, not requested, appear to be necessary to make this project consistent with applicable City codes and ordinances. Therefore, the proposed development cannot be completed as sub- mitted and be compatible with the "spirit" of the development guidelines being formulated for Boynton Beach Boulevard. j/) 1 / / ~~t- lpeter L. Cheney City Manager ;2(~ PLC:sr Attachments cc: Carmen Annunziato, Planning Director Central Fil e M E M 0 RAN DUM October 26, 1987 TO: PETER L. CHENEY, CITY MANAGER FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: DR. LOVE MEDICAL OFFICE BUILDING MORATORIUM VARIANCE/SITE PLAN REQUESTS Luther L. Eubanks, Architect for Dr. Douglas J. Love, has submitted a request for a variance to the moratorium on new construction or ~ubstantial renovation of buildings on Boynton Beach Boulevard. The variance request is to allow for renovation and site improvements to the former Ridgeway Plumbing Building, to allow for its conversion from a builder's supply business/office to a medical office (orthopedic) facility. Included in the letter of submission from the architect is the' justification for the variance request. The justification statement is a requirement of Ordinance 87-l0, which implemented the initial moratorium on Boynton Beach Boulevard. In addition to the moratorium variance, the applicant has also submitted an application for site plan approval and applications for variances to five sections of the Parking Lot Regulations. A copy of the site plan application is attached, while the parking lot variances requested are outlined in an accompanying memorandum. In addition to the above requests, the applicant intends to submit multiple requests for administrative appeals to the Landscape Code at the appropriate time. These future requests are outlined in th~ attached correspondence from the architect. On Tuesday, October 22, 1987, the Technical Review Board (TRB) met xo review the plans and documents submitted and to formulate a recommendation with regard to the site plan and moratorium variance. The recommendation of the TRB for these requests are as follows: A. SITE PLAN ~ The recommendation from the TRB to the Planning and Zoning Board is that the site plan be denied, owing to the multiple variances required to make this project work, as well as additional variances not requested which appear to be necessary to make this project consistent with all applicable codes and ordinances. These issues are outlined in the attached staff comments from the following departments: Building Engineering police Planning Forester/Horticulturist B. MORATORIUM VARIANCE With regard to this request, Ordinance 87-10 requires that the Technical Review Board formulate a recommendation, and that the recommendation of the TRB be forwarded to the City Mana~er, who will then forWard a report and recommendation to the special variance bOArd (Planning and Zoning Board). ./ --. -w---------_~ -~ -2- The recommendation of the TRB is that the request for a variance to the moratorium is premature, as the future plan for the Boynton Beach Boulevard corridor has not yet reached a stage at which a determination can be made as to whether or not the proposed request is consistent or inconsistent. with regard to the proposed use, however, it was the consensus of the TRB that based on the evolution of the plan to this date, the establishment of a doctor's office at this particular location on the Boulevard would appear to be consistent with the proposed land use for this property. ,. C~ S:ANN~ CSA:ro cc Luther Eubanks Central File MEMORANDUM October 26, 1987 TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: DR. LOVE MEDICAL OFFICE BUILDING-SITE PLAN In connection with the above-referenced request, please be advised of the following staff comments: 1. It appears that the applicant may need to submit additional variances for the following requirements: a) Parking lot construction (Section 5-142.g). The architect has stated that the existing pavement is not to be replaced, and it is not known if the existing parking lot construction meets current code requirements without taking a core sampling. b) The access aisle width for the row of angled parking spaces on the north side of the building (Section 5-142.i.1). These parking stalls are set at a 37.5 degree angle to the access aisle. The design standards within the Parking Lot Regulations recognize only thirty (30) degree parking and forty-five (45) degree parking, which require a 12 foot wide and a 14.4 foot wide access aisle respectively. The proposed access aisle width for the 37.5 degree parking is 12 feet. The proper access aisle width for the 37.5 degree parking must be interpolated between 12 feet and 14.4 feet. If the additional access aisle width beyond 12 feet cannot be accomodated, then a variance will be required. c) Section 4-L of Appendix A, zoning requires the construction of a 6 foot high concrete block wall setback 2 feet from adjoining property lines for major modifications to existing developments, where a commercial district abuts a residential district. This requirement must be met for the south property line of the project, owing to the R-3 zoning district which lies to the south. Tho construction of the required buffer wall creates a conflict with the parking lot layout and design on the south sido of the building. This parking is necessary to meet the parking requirements set forth in Appendix A, Zoning, for a medical office building. Basad on this conflict, either a variance to the Parking Lot or Zoning ~egulations would be required. 2. The plnns do not provide for a sidewalk along N.E. lst Street, where there is a ~ow of parking spaces that allow for vehicles to back into the right-of-way. Although this sidewalk is required by code, it creates a safety hazard with respect to this row of parking spaces, if the varianoe is approved allowing vehicles to back into the right-Of-way. The architect (agent) has indicated that there 16 no intention of .eeking an exception from the Technical Review Board for the sidewalk requirement. ( ~ -~-:-_.-::.+- -2- 3. There can be no encroachment of landscape islands/curbing into the public right-of-way. 4. A parking lot lighting plan is required in accordance with the requirements of the recently amended Parking Lot Regulations. (~ CARMEN S. ANN~ CSA:ro cc Luther Eubanks Central File '. ~ r -~ ----v---.. ..- ---<-c- MEMORA-NDUM Carmen Annunziato Planning Director DATK October 7, 1987 "'LK 'OM Kevin J. Hallahan Forester/Horticulturist su.nCT Dr. Douglas J. Love Medical 'Office Builc'li.nJ Moratorium Variance/Parking Lot Variance 'Ihe following items pertain to the landscape plan for this project: l. '!he hedge material adjacent to Boynton Beach Boulevard must be 36" in height at ti.ne of planting. 2. A hedge of 18" in height is required along the abutting property (alley) . 3. City water cannot be used for the irrigation system in landscaped areas. 4. A five foot (5') landscaped buffer is required between the parking stalls and N.E. 1st Street. '!his requires trees and a 36" in height hedge planted (variance). -4-: <2i --yJ ~I?i" Kevin J. lahan KJH: ad .. " MEMORA-NDUM Planning Dept. At tn: J. Go 1 den DATil October 7, 1987 "'LIl )11I Lt. D. Thrasher Police Dept. SUaJIlCT Dr. Douglas~Love Medical Bldg. As per the TRB meeting 6 Oct. 1987, the following is recommended: 1. "0ne way" si gn on entrance into parking area. 2. Stop sign and painted stop bar on exit. 3. Exterior lighting to be pole. mounted photo activated. 4. The variance on backing onto right-away and N.E. 1 St. from the west parking area be ~ ~~ Lt. D. Thrasher Police Dept. DT: a s 4 ,I MEMORANDUM October 26, 1987 TO: Mr. Jim Golden Senior City Planner FROM: Tom Clark City Engineer RE: Love Project, Variances Comments: 1. A recent survey to include topo should be included. Elevations of adjacent property and roadway is required. 2. A standard D.O.T. type of flared turnout should be planned to meet the Ordinance requirements, ie., the City Engineer may except alternates to the 25 ft. radii . requirements. 3. Drainage, existing plans should be shown with improvements to better accommodate the drainage. ~~ --d2L- Tom Clark -- TAC/ck '. ...1 ---. ~"---:- --=-r-. .' MEMORANDUM Carmen Annunziato Planning Director DATil October 8, lR~CEIVED PILe QC1 8 1981 Preliminary Revi~~n~G DEPT~. Douglas J. Lo~r't-r. u. , Office Building - - 011I .uaJIICT Don Jaeger Building Department The following comments were generated from the preliminary T.R.B. review on Tuesday, October 6, 1987: 1. A sidewalk is required on N.E. 1st Street. 2. Appeals from the Landscape Code must be granted by the Community Appearance Board. The neces~ary appeals are enumerated by the City Forester in an accompanying memo. 3. When parking stalls are installed at an angle greater than 30 degrees and less than 45 degrees, the aisle width must be interpolated between 12 feet and 14.4 feet. 4. A buffer wall is required to be constructed between commercial and residential properties when major changes occur to a building or site. This wall must be constructed a minimum of two feet off the property line for maintenance and landscape purposes. 5. Plans must be submitted to the Community Appearance Board for their review. These plans should include the proposed awnings and any anticipated signage. 6. Details must be submitted on the proposed site lighting. 7. A six inch raised curb is shown in the City right-of-way. DJ:bh XC: E. E. Howell ~ ..I - -"'~ MEMORrA..NDUM October 6, 1987 TO: BETTY BORONI, CITY CLERK FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER RE: DR. LOVE MEDICAL OFFICE BUILDING PARKING LOT VARIANCE APPLICATIONS Accompanying this memorandum you will find documents related to requests for variances to the following sections of the Parking Lot Regulations (as recently amended): 1) Section 5-142 (f) "Drainage" 2) Section 5-142 ( h) (2 ) "Driveway Radius'~/- 3) Section 5-142 (h) (3 ) "Driveways" 4) section 5-142 ( h) (4 ) "Back-up Space" 5) section 5-142 (i) (2) "Maneuvering." Also enclosed is a check in the amount of $600.00 to cover the review and processing of these applications. Copies of the warranty deed and a formal updated survey are forthcoming, and will be forwarded to your office upon arrival. Please advertise these request= for a public hearing before the Planning and Zoning Board at the November 10, 1987 meeting. ... . -J;;;/ ~:::! "~f JJG:ro Attachments .. ______.__...__m_.____,.__....__u__._~._..__.._._.....___-,...,..-.... ---.---------.-~.-,--,---_._---"---...--.-.---..--.--~- Douglas J. Love, M. D. 8055 West Oakland Park Blvd. Sunrise, Florida 33321 September 28, 1987 Planning Director CITY OF BOYNTON BEACH 200 North Sea crest Boulevard Boynton Beach, Florida 33425-0310 re: application for variance - 202 East Boynton Beach Blvd. Dear Sir: Please be advised that Luther L. Eubanks, architect is hereby authorized to act as my agent for the submittal of applications for site plan review, community appearance board, planning and zoning board, and city commission in any and all matters related to my application for variance from the mor- atorium under Ordinance Number 87-10 and any other required variances or appeals in conjunction with the same. He is further authorized to represent me at any required meetings related to the above submittals. j;;;;Ul~~~ M. ~!J , I ! i I f / I I I I V/:;r~ 'I , III' ,- '. J I //1.<: /~ /1 /J") (/ ',-. i u V J.:: )'1 13 j)j: [A-L rv:'} [) l). A- JV'~ 'Y ,.) :::- j'::/J' ./ '/"::,".I\. ,. I ( " ,~ - . .. /, ,:::- 1=;-/ rz I~-" i j- U; i <-- L- ~)!... / . (>' ' ( c/ ,) //Z: Y- f/ /-" / f) I:: p:) T V ;"- .) ,./ ' / \... .~...- I '-~") '-"'" V '- f-' V I '\... ~ ./ LUTHER L. EUBANKS, architect 980 North Federal Highway Suite 206 Boca Raton, Florida 33020 September 28, 1987 Planning Director CITY OF BOYNTON BEACH 200 North Seacrest Boulevard Boynton Beach, Florida 33425-0310 re: application for variance - 202 East Boynton Beach Blvd. Dear Sir: The enclosed drawings and applications are herewith submitted in an effort to satisfy your procedural requirements for seek- ing relief from the current moratorium (ordinance no. 87-10) on building or renovation along Boynton Beach Boulevard. We have attempted to provide all of the required imformation and drawings that we know are required at this time. Due to the small nature of the project and the number of variances that are required, there may be some items omitted. We will pro- vide such additional information and/or drawings at the appro- priate time should the need arise. The enclosed materials consist of the following: 1. letter from property owner dated August 20. 1987 (with attachments as noted in letter) and $100 check 2. Site Plan Approval Application (with 6 sets of sheets 1-4; site plan, landscape plan, building floor plan, & electrical plan) 3. Five applications for variance to parking lot regu- lation~: 5-142 (f), 5-142 (h) (2), 5-142 (h) (3), 5-142 (h) (4), and 5-142 (i) (2) and a $600 check (with 2 sets each of sheets 1&2) 1t is my understanding that we will also need to apply fora Community Appearance Board review upon completion of the Technical review Board review. We will have that form ready for submittal along with the "Boynton Beach Landscape Ordinance Appeal of Administrative Decision" for the landscape code,var- iances which will be sought. It is my understanding that we must submit these forms along with the TRB comments and a check for $50. An explanati~n of the landscape appeals is attached. ,."t .' - ~:;..-- - :" Planning Director CITY OF BOYNTON BEACH September 8, 1987 Page 2 We wish to get this project before the various boards and the City Commision as soon as possible in order to determine if the use of the building is even feasible. As my client stated in his letter: "the net effect is that this property has been ren- dered useless..." for the purpose which he intended to use it. If it is to be decided that nothing can be done to use the prop- erty as a medical office, then he must make alternate arrange- ments for office space. We feel that we have complied with the spirit of the moratorium ordinance in an attempt to upgrade the existing site. By creat- ing the new landscape areas and by use of landscape materials over and above code minimum requirements, we feel that we have turned an existing liability into an asset for the Boulevard. In addition to the new landscaping, elimination of the existing driveway onto Boynton Beach Blvd., upgrading of the substandard existing parking lot, and improvements to the building itself a major impact will be realized by the elimination of the ex- isting fencing which gives the property that current "industrial" look. I understand the City's concern with the Boynton Beach Boule- vard corridor and the need to control both the functional and aeshtetic aspects for the future development. I would urge the City to consider this improvement as an interim measure toward that goal and seek your support in making as speedy a determina- tion as possible. xc: D. Love M. GOldstein .,.f '- -=r-- Doctor' Office Douglas J. Love, M. D. 202 East Boynton Beach Boulevard LANDSCAPE EXCEPTIONS REQUESTED: The following items are submitted for exception to the Boynton Beach Landscape Ordinance in conjunction with the "APPEAL OF ADMINISTRATIVE DECISION": 1. NORTH PROPERTY LINE - along Boynton Beach Boulevard Approval of a five foot four inch (51-4") average distance of the "sawtooth" pattern of the edge of paving from the property line. The code requires a 5'-0" buffer strip at this area. This layout provides more lineal feet of hedge material, a more visually interesting form, and add- itional areas for ground cover and small trees abutting the Boulevard. 2. EAST PROPERTY LINE - adjacent to "the Shopper" building Exception to the requirement for a 2~' wide landscape strip in this area. Both buildings have blank (windowless) fa- cades along this area and the areas is not easily visible from either street adjoining the property. There is an existing 5' wide landscape strip on the adjoining property. Exception from this requirement allows for a better turning radius into the driveway and creation of a larger landscape strip adjacent to the building on the subject property. 3. SOUTH PROPERTY LINE - adjacent to the unimproved alley Exception to the requirement for a 2~' wide landscape strip in this area. The existing 20' alley is overgrown with native vegetation and provides a complete screen along this side to a blank (windowless) rear wall of the building on the sub- ject property. The proposed new parking spaces (parallel) will not fit without exception to this requirement. This area is not ~asilY visible from either street adjoining the property. 4. WEST PROPERTY LINE - along Northeast First Street Exception to the requirement for a 5' wide landscape strip in this area. Since the existing back-out parking along N. E. 1st St. cannot be screened, a 6~' (average) landscape strip along the building is proposed. In addition, landscape islands with hedges afe proposed at each end of this 90 degree parking (6 spaces) to screen the sides of cars in this area. ,'., '. SITE PLAN APPROVAL APPLICATION City of Boynton Beach, Florida Planning and Zoning Board . This application must be filled out completely and accurately and submitted in one (1) copy to the Planning Department. Incomplete applications will not be processed. please Print Legibly or Type all Information. I. GENERAL INFORMATION 1. Project Name: V~'~ ~~ ~:c::d/o~lAS \J: L.O~A. 2. Date this Application is Accepted : (to be filled out by Planning Dept.) Applicant's Name (person or business entity in whose name this applica~ion is made): "0 3. ... .... ........ -=s~. - ~U~5e!~.A ~ g~'2./ 7~ - }/POP Address :" Phone: 4. Agent's Name (person, if any, representing applican~): Address: - ~j ~ --7-2.1..1 Phone: 5. Property Owner's (or Trustee's) Name: ~$J:~. ~~tP N.J/J. 17 TN ~ ~t-~S/P~A ~ Address: ~?O(pJ'3 Phone: 6. Correspondence Address (if different than applicant or agent) *. . - * This is tho address to which all agendas, letters, nnd other materials will be mailed. ,- Planning Dept. 10/82 1" Page 2 7. . What is applicant's 'interest in the premises affected? (Owner, Buyer, Lessee, Builder, Developer, Contract purchaser, etc.) 8. Location of site: 9. Legal Description of site: (G~ ~) 10. Intended Use(s) of Site: , --.VO~S C7~ 11. 12. Archi tect: s ~~ -4 ~1lfAJ.- (Af2.t:;H~ "'" ~ ~~ I? Ci~ ~ Landscape Architect: 13. 14.- 15. 16. 17. Site Planner: Engineer: Surveyor: Traffic Engineers 18. Has a site plan been ~revious1y approved by the city council for this property? 19. Estimated construct~on cD~t of proposed improvements shown on this site plan: t>1.~OO(/ ~(7~ ;tt~C7C7C7 I~ ~... Planning Dep~. ~O/8Z..' . ~_....,;... ~ *' '. ~( . , . -- -,. ~__=-,_ _~.~- -u-=--_- -,. :..-..... -~ . ADDEND~~ , , - LEGAL DESCRIPTION This addendum to that contract between Gregory J. and Gary W. Kozan, brothers as sellers: and Douglas J. and Joyce love, h/w buyers; as regards to the property at 202' E. Boynton Beach Blvd; shall serve to provide the Legal Description, witness: The west 89, feet of Lots 7, 8, 9, and 10, Block 3, original Town of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, florida, recorded in Plat Book 1, Page 23, Less the following described property: That part of Lot 10, Block 3, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in section 28, Township 45 south, Range 43 East, said part which is includod in the external area formed by a 20.00 foot radius arc which is tangent to the West line of said Lot 10 and tangent to th, North Line of said Lot 10; . . "- ..~ . ~.. ' " ...._,t"~,.. :. ..~~\:: . ...'.. "'-:: "~,,,.~-,,:~~~.;:tk:':~' \' -.. ,-t..: ..."'" '... - :, .. '-~,.," :.t -.... . -: '. .. ". '~'. ':). (~"';;~:.r , c. . ~ . : ., . - --. ~-:---=-- --"-r-_ . - Page 3 II. SITE DATA The following information must be filled out below and must appear, where applicable, on all six (6) copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan {t1J.MMJlH.J:l:f GtJMI-'1~~ C'~ acres ~/7f sq. ft. 2. zoning District Area of Site . 0.1.'31 3. 4. Land Use -- Acreage Breakdown a. Residential, including, - acres - % of site surrounding lot area or grgunds b. Recreation Areas * - - % of site acres (excluding water area) I' c. Water Area - acres - -% of.site d. Commercial o.~?7 acres -lOt> % of site e. Industrial - acres - % of site . f. Public/In-: - ,acres - % of site stitutional . .. - - . - _. .. ----- ......--. -- . --. . - g. Public., Pri va te, and Canal Rights-of-Way - acres - , of site " h. Other (specify) - acres - , of site i. Other (specify) - acres - , of site j. Total Area of Site ().~J57 100 , of site * Including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. Ground Floor Building ~t1dP Area ("building footprint") sq. ft. t.t,-s % of site b. Water, Area' - sq. ft. - % of site c. Other ImperviouS Areas, including pavod area of public & priv~te streets, paved area of parking lots & drivew~Ys (ex- cluding landscaped areas), and sidewalks, patios, decks, and athletic . courts. ~ ~4: sq. ft. ?~. 7 % of site d. Total Impervious Area e. Landscaped Aroa lnside o"f Parking Lots (20 sq. ft. per interior parking space required7- see Sec. 7.5-35(;) of Landscape Cod~). · Gf '5(; sq. ft. 85.(P, % of site (6; ~~~;f~;;~ Planning Dept. lO/82 ~.. 11 .. " -; " I J"',. , I 1 () ,,"J Page 4 Other Landscaped Areas, - sq. ft. -- . % of site f. , excluding Water'Area g. other Pervious Areas, including Golf Courses, Natural Areas, Yards, and Swales, but excluding - of site Water Areas -- sq. ft. % . ' . ....- h. Total Pervious Areas ~ sq. ft. ~ % of site i. Total Area of Site --M1L sq. ft. 100 % of site 6. Floor Area a. Residential - sq. ft. b. Commercial/Office ~ OO(). sq.ft. c. Industrial/Warehouse -- sq. ft. d. Recreational - sq. ft. e. Publici Institutional - sq. ft. f. Other (specify) . - sq. ft. g. Other .(speci.fy) - sq. ft. h. Total Floor Area .~ sq. ft. " 7. Number of R~sidential Dwelling Units a. Single-Family Detached b. Duplex c. Mu.l ti-Family (3 + attached dwelling units (1) Efficiency' (2) 1 Bedroom (3) 2 Bedroom (4) 3+ Bedroom ... d. Total Multi-Family e. Total Number of Dwelling Units H/A dwelling units dwelling units dwelling units dwelling units dwelling units "'-l' dwelling units ~ dwelling units ---WA- 8. Gross Density ..~ Dwelling Units per l\cre 9. Maximum Height of Structures on Site J~ feet lO. Required Off-Street Parking ~ stories a. b. Off-Street Parking Spaces Provided on Site plan UJo4 · /6 :SPA&eS ~F4 '0. 113 6fKe~ fIWVIat:' ~, ...:; ~. 'l' Plnnning D0pt. 10/82 - . ~-r- Page 5 III. SITE PLAN REQUIREMENTS The following materials are to be submitted in six (6) copies. Each set of plans must be stapled together in a single package. Scale of drawings must be 200 ft. (or less) to the inch. Incomplete site plans will not be processed. (Ch~) 1. ./. 2. ~ 3. ~ 4. ./ ./ /.. 7. -1VA- :/ ~/A 4 ~ V' ~ ~ ~ -WA- ~ 10. 11. 12. 13. Boundaries and dimensions of the parcel. Scale, graphic scale, north arrow, and date. Adjacent properties or land uses. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways and unimproved rights-of-way within one-hundred (100) feet of the site. Also, names of adjacent streets and rights-of way. 5. Location of all proposed structures, and any existing structures that are to remain on the site. 6. Setbacks of all structures (over 3 ft. in height) from property lines. Use of each structure, indicated on the site plan. Number of efficiency, 1-bedroom, 2 bedroom, etc., dwelling units in each residential structure, to be indicated o~ site plan. ~ Indication of height and number of stories of each structure. 8. 9. Indication of structures, equipment, etc. above 4S ft. height, including height in excess of of 45 ft. Floor plans or typical floor plans for all structures. Finish floor elevations of all structures. .. Uses within each structure, indicated on floor plans. 14. Elevations or typical elevations of all struc- turesJ including materials, surface treatments, and color scheme of all exterior surfaces, in- , ' eluding roofs.. 15. Indication of the numbers and types of recrea- tionai facilitie~ to be provided for residential developments. l6. Indication on site plan of location, orientation, and height of all freestanding signs and wall signs. Looation of walls and fences, and indication of their height, materials, and color. 18. A landscape plan, showing conformance with the Landscape Code and Tree Preservation Code, and showinq adequate watering facilities. plants mu.t be keyed out according to species, size, ancS quantity. ;- ~-rOe,1J. J'lU'YlPIW A~ PV"f1J~ pMJ& IF F-~J~' ~ttJ~~ J-.\f7f.' ~N~ -- V~~~ API'I."IItP ~p.. wrt14 1>>IS AppUt:A11 oN , ' · ----. .~-:- -~. -:-- _ . - -A'. 17. . ~ JY~ Page 6 19. A sealed survey, by a surveyor registered in the state of Florida, and not older than six (6) months, showing property lines, including bearings and dimensions, north arrow, date, scale, exist- ing structures and paving, existing elevations on site, rights-of-way and easements on or adjacent to the site, utilities on or adjacent to the site, legal description~ acreage to the nearest one- . hundredth (1/100) of an acre, location sketch, and surveyor's certification. Also, sizes and loca- tions of existing tree an shrubs, including com- mon and botanical names, and indication as to which are to be retained, removed, relocated, or replaced. 20. Location of existing utility lines on or adjacent to the property to be indicated on the site plan, in addition to being shown on the survey. Also, location of existing fire hydrants on or adjacent to the site. -&L 21. ---ML 22. .~. 23. ~ 24. ~ 25. ./ Location of additional fire hydrants, to meet . standards set forth in Article X, section 16 of the Subdivision and Platting Regulations. Fire flow calculations justifying line size for both on/off site water lines. Sealed engineering drawings for proposed utilities, as per City specifications. Information re~arding form of ownership (condo- minium, f~e simple, lease, etc.). Location and orientation of garbage cans or dumpster facilities: All garbage dumpsters must be so located to provide direct access for the City front-end loaders, and the dumpster area must be provided with adequate width and height clearance. The site must be so designed to eliminate the necessity for the front-end loader to back into any street. If any use requires the disposal of wet garbage, a ten ,foot by ten foot (10' x 10') concrete slab sha1l be provided. All dumpsters must be screened and landscaped in accordance with the City Landscape Code. (see Sec. 7.5-35 (i) ). A minimum;10 foot wide opening is required for dumpster enclosures. 26. A parking lot design and construction plan showing conformance to the City parking Lot Regulations, and including the following information. AnY exceptions to the Parking Lot Regulations that are propo~ed or that are to continue will require an application for Variance to ~he Parking Lot Regulations. ~. Location of all parking and loading facilities. A parking lot layout plan, including curbs, car stops, and double striping. A cross-section of materials to be used in the construction of the parking lot. d. A lighting plan for the building exterior and site, including exterior security lighting, and lighting for driveways and parking lots; to Inclu. de the locatio~of lighting standards, direction of lighting, fixture types, lamp types and sizes, and a ~e illumination loVel(s) in footcandles.J~ ... 1~ l-b~'?JJ t$ffOlU~ - ~~~ ,6' ~ f7~'~ Wl1'H ~PJ- - vb. f=Xtn~ Page 7' --=L e. Information showing conformance with the city street and sidewalk Ordinance, including construction of sidewalks along adjacent public streets. f. Location of existing and proposed public and private streets, including ultimate rights- of-way. g. On-site traffic plan, including arrows and other pavement markings, traffic signs, and stop signs at exits. h. Location of handicap parking spaces, plus signs and access ramps, consistent with the state Handicap Code. i. A drainage plan for the entire site, including parking areas; to include finish grade and pavement elevations, drainage calculations, and details of the drainage system. If the total impervious area on site exceeds twenty-five thousand (25,000) square feet, then drainage plans and calculations must be . prepared by an engineer registered in the state of Florida, and must be sealed. Percolation tests must be provided with drainage calculations. j. EXisting elevations on adjacent properties, and on adjacent rights-of-way. 27. -In addition to the above requirements, the follow- ing items shall be submitted to the Planning Department no later than the date of the community Appearance Board deadline: . a~ . One copy of colored elevations for all buildings and si90age to be constructed on site. These elevations must be of all sides of each type of building and si90age proposed and the colors proposed must be accompanied by a numerical code fram an established chart of colors. Elevations must also include information~related to building materials. All elevations must be submitted on 24" x 36" drawings,. Buildings constructed will be inspected on the basis of the elevations submitted to the City and approved by the City commission. Failure to construct buildings consistent with elevations submitted will result in the Certificate of Occupancy being withheld. . b. A transparency of the site plan (maximum size of 8-1/2" x ll"). At the discretion of tne applicant, the Planning Department will prepare transparencies from the site plan document. However, the Planning Department will not be responsible for poor quality transparencies which result from the submission of poor quality site plan blueprints, and poor quality transparencies will not be presented to the Planning and zoning Board or city commission. c. Colored photographs of surrounding buildings (minimum size 8" x 10"). . ~ ~ ~ (f.Q.//(),w Ai f'U'T'VlLlE- t:'.A,z. IF ~1I1~' 'i ,- ..~ Page 8 ~ 28. AnY other engineering and/or technical data, as may be required by the Technical Review Board to determine compliance with the provisions of the city's Code of Ordinances. Any of the above Iequirements may be waived by the Technical Review Board, if such information is deemed to be nonessential by the Board. , ' , ,~, . . ~-; . , , '.. . . ..~.., .. ~.,,' ........ it.~.; .'~' .~,~~. '-. .,~.. - ., '. ~'.:""':\Z.. ... ~"" .\.-~:: , It. ~.. . \ ' ~. . .'..,' '\. . . ~ \ ." ", , r ...... ~ . i,: ^ ,::r~~; \ ;..~'.. it' . , .. , . "'~' . i;t , fo., "'" ,~ -, '{.- - ~AA'( ~DIVtf.. mrqe.KNrto/J. ~Iu.. g,f. r~ M> ~ , . .- .';y-- Page 9 I 1 'IV.' .MI SCELLANEOUS ( checJ).) V 1. The following materials must be submitted in,one (1) copy: A check, payable to the City of Boynton Beach, as per the attached fee schedule. JJ!A 2. For projects that generate at least three thousand (3,000) vehicle trips per day or two hundred and fifty (250) single directional vehicle trips in a one (1) hour period, a traffic i~~act .&"U~y~~~ ~~~t ~c =~=i~tcd. ~ 3. Any other engineering and/or technical data, as may be re- quired by the Technical Review Board to determine compliance with the provisions of the City'~ code of Ordinances. v. CERTIFICATION (1) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless igned.a~cord. 9 the instructions below. X 5190 r TrusteR tY~? or Author zed principal if property is owned by a corporation or other busines$ entity. ~? )( 51 or is owned business above aigned person as (my) this application. &/~7 .. SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received: Technical Review Board Planning & Zoning 'Board Community Appearan~e Board City Council Date Date Date=- Date Stipulations of Final Approval: " Other Government Agencies/Persons to be cont~eted: \ Additional Remarks: -:j,.# - p~; nning Dept. 10/82 - :r a- a- .... 0- o -4 fY' Ln CO J RECORD & RETURN TO: ~~~L C~LL'#46 GATEWAY TITLE & ABSTRACT CO.,INC. '" ,JUN-11-1987 03:09pm 87-1 71575,. , WARRANTY DIED STATL'lvtY f. S. 619.02 RAMCO FORM S IPHOTOI ~ Ihis jndenture, Maclc! ,llis Ie; t!' clu). of JUNE , A D, ICJ87.. Btlwttn GREGORY J. KOZAN joined by his wife JANET DORIS KOZAN and GARY W. KOZAN, joined by his wife SANDRA SUE KaZAN of ,he County of PALM BEACH , ill ,11(' S'ate of FLORIDA . part ies of the first part. and DOUGLAS J. LOVE and JOYCE LOVE, his wife of tile> Counly of PALM BEACH .//?l Itf ,/1/. JP/, //' /~ /.(/jC E . part ies of I {II' s('('oncl flart. /" L, 3 J q/ /. / , in the Slale of whose post of lice adclreSll is .5//::'" / ;.tlr:; 5' .J FLORIDA L"cJ/:?//L ltjltntsstlh, ThaI Ihi> said part ies of the first part, for and in consideration of the sum of TEN AND NO/lOO------------------------------------____________-------- Dol~, to them in Iland paid I,y Ihe said part ies of the ,econd part. the receipt whereof is hereby acknowl- edged, IIQ ve granted. hargained, and ,0U to the saiel part ies of the second part, their heirs and assigns forever, t/l(' folloUJillg descrihed lane/. situate, and being in the County of PALM BEACH State of FLORIDA , to-wit: The West 89 feet of Lots 7, 8, 9 and 10, Block 3, original Town of Boynton Beach, Florida, accordinq to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded ~n Plat Book I, Page 23, Less the Following Described Property: That part of Lot 10, Block 3, accordinq to the Plat thereof on file in the Office of the Cler of the Circuit Court in and for Palm Beach Countv, Florida, in section 28, Township 45 South, Range 43 East, said part which is included in the external area formed by a 20.00 foot radius arc which is tangent to the West line of said Lot 10 and tanqent to the North Line of said Lot 10. SUBJECT to restrictions, reservations, limitations and easements of record, zoning ordinances and taxes for the year 1987, and subseauent years. 87-171575 Con 210,000.00 Doc 1, 050. '0 AnJ the said part ies of the fird part do hereby fully warra,JQl}{~ t~lPWfM~a~d~R?ae99JiJilh~' 'L same against the lawful claims of all persons wllomsoever, In 1tIilness tilhtrtof, The said pMt ies 0/ ,he firs' part ha ve hereunto set hancl s and seal s,he Clay and yeM first above written. their ~L!:;:1!;;j'l/J!l.n~~'n ..yq:.~".I:~"<Q,...'O,.:2L.."llb,~f.n.. } . GRE', RY .~1& ~.~~~........... . ~~5:.:.:.:.~ I HER.EBY CER.TIFY that on thia day, belore me, an officer duly authorized in the State aforesaid and in the County afort'aaid to take acknowledgments, personally appeared GREGORY J. KOZAN and JANET DORIS KaZAN, his wife and GARY W. KOZAN and SANDRA SUE KaZAN, his wife to me known to be the person S described in and who executed the fort'going inatrument and they acknowledged belore me that they executed the same, WITNESS my hand and official seal in the County and State la.t aloreaaid thia JUNE A. D. 19 87 STATE OF FLORIDA COUNTY OF PALM BEACH ID day of SEA4_ C~i2.t~LIt}fQ~/t..:...~ . ~ ~ ~iBLIC 0: Z t- My Commission Expires: ~ 53 '0 u l,", ,0. , 0 cO 0: 1;",1 ... .c_.: i,_. ".~ ~ ~ Z U Con."d -, W..,o '--..-'" "....."." Co. U UJ J: ~ Wa:lOa: a:~-'w ..J ..J c{ U Q. nits j/IJlntff/elll prrjrtired.by~' ,V./Tt'JJ Dorothy Krivas Gateway Title & Abstract Co.,Inc. III North Congress Avenue Boynton Beach, Florida 33436 GTl-3828 , , l ~i 0' o ' > : ~ ; o I z ~ ,... > Z i .} ; "" ; : It ill ~ :~ ~ ... --t--- I I I -.,.... --. .- ..- , t Ir - -. i- I '.Jl1 ! ll~~ Y--- I ,t t. OJ ~ . .'- - II ,.../~.', , ; ~ I · fr 11 : r- r'J .~). -'r J> 2 , . _~~fI'f"i- J~_ . . ~ ~ ~ I~ : '1 i~' ,. ~ r ... H J~ -- ~ I~J!t \~ ~, ~. -< ~. I ........... \ \ . o g'~! . ~ J - o :I III . II n :I' III C : r I~~ --N.-'.. .'11 8t,..t- -- -" / ~J.' , -c; II....' II ~ '1 .. t" i ! I':>. a:I , " i J i 111.1" , 'I ..\ ~, ..'__'____ '- ,-_. ,- ,--. ,--~I ORtHOPEOIC SURGERY or"cE. tot: . I Douglas J. Love, ~:'~'~~"~~d ' ~ l I' I~ ~ It ,t ~ t l! l',~~I:j l I' l' I, 'I I ",': +-:-. . I ~~~-- 1'0 it ,.. ':,' ~ -' ~ . L ",1- I f Ijl ~-----~UmH II IpI nl! Ii rh if Stlll\ t 'i' ~ I , .- ~. '--:- .~ l' ~ J 1 · t / ..~., /" /' .;,..,:..1 "~I .~ 10' r ',," .. :\ :.. J. i~nnH 1ft '(i -'\1 !oIl :~dJ nili~. }"4 'l ' l!i" if! '114$~' III -u Luther L. Eubanks, architect \80 N, '.JI".1 ."IoI"'..Y e.~1 1:0110........ f~~ a:I o '< :::II _ o :::II a:I CD II n :I' a:I <' po i u ~ I Ii II ~ 1 /. ~ i\ ~" "'",.,~':-. 'i 1.1 1.1 'I ~ ft It II t' .1 Ii n '. II ~ ~I k u n " ~ ~ Po ~. 'I R ~ I' 1 ' . .~ l.;;, Jl. .....\":"I ~ ' ' I, n ), ~ I: Ii I ~ I ~ ~ U .....#............01............. .~..Ite..'" U~l ~\...,.c.. ',fi ,n.)"", ............... . 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'" '. -_._".,-".,~.,~'-:""'~-:"'~'-' -'~._. ++.........~.~._-'~--_. -----_.__.__..~..~~_.._~-'_.~--" ADDENDUM # 1 - LEGAL DESCRIPTION This addendum to that contract between Gregory J. and Gary W. Kozan, brothers as sellers: and Douglas J. and Joyce Love, h/w buyers: as regards to the property at 202 E. Boynton Beach Blvd; shall serve to provide the Legal Description, witness: The west 89 feet of Lots 7, 8, 9, and 10, Block 3, original Town of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 23, Less the following described property: That part of Lot 10, Block 3, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, i1n section 28, Township 45 south, Range 43 East, said part which is included in the external area formed by a 20.00 foot radius arc which is tangent to the West line of said Lot 10 an~ tangent to the North Line of said Lot 10: i