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
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CITY of
BOYNTON BEACH
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(30S)734-8lll
June 3, 1987
@ l20 E. Boynton
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'- 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.
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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
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Raymond A. Rea
City Attorney
RAR/ras
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@ 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
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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
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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
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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
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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.
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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.
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lpeter L. Cheney
City Manager
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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).
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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.
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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
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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
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MEMORA-NDUM
Planning Dept.
At tn: J. Go 1 den
DATil
October 7, 1987
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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
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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
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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
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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.
... .
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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
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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.
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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
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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.
... .... ........
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Address :"
Phone:
4. Agent's Name (person, if any, representing applican~):
Address:
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Phone:
5. Property Owner's (or Trustee's) Name:
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~~tP N.J/J. 17 TN ~
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Address:
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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:
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11.
12.
Archi tect:
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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~
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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;
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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~~
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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
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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
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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
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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.
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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. ;-
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1>>IS AppUt:A11 oN , ' ·
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17.
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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~
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Page 7'
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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~'
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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.
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'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.
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or
is owned
business
above aigned person as (my)
this application.
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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:
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p~; nning Dept. 10/82
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CO
J RECORD & RETURN TO: ~~~L C~LL'#46
GATEWAY TITLE & ABSTRACT CO.,INC.
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,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'
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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
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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
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C~i2.t~LIt}fQ~/t..:...~ . ~ ~
~iBLIC 0: Z t-
My Commission Expires: ~ 53
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nits j/IJlntff/elll prrjrtired.by~'
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Dorothy Krivas
Gateway Title & Abstract Co.,Inc.
III North Congress Avenue
Boynton Beach, Florida 33436
GTl-3828
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Douglas J. Love, ~:'~'~~"~~d '
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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:
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