REVIEW COMMENTS
~ :..;-....':':'~~-- -
MEMORANDUM
July 1, 1986.
TO:
Chairman and Members,
Planning & Zoning Board
FROM:
Carmen S. Annunziato,
Planning Director
RE:
Girtman Child Care Center -
Conditional Use Application
Summary: Douglas R. Root, agent for Eroyn Girtman, trustee, is
requesting Conditional Use approval for a children's day care
center to be located on a .51 acre parcel on the east side of
Seacrest Boulevard between N.E. 5th Avenue and N.E. 6th Avenue.
Additional parking for the day care center is to be provided on a
separate parcel located on the south side of N.E. 5th Avenue
across from the parcel where the day care center is to be
located. The total acreage for the main site and the additional
parking lot is .71 acres. A maximum of 89 children can be
accomodated by the proposed day care center based on state
requirements for this type of facility. The subject property is
zoned R-2 (Duplex) and is currently vacant.
Surrounding Land Use and Zoning (see attached map): To the north
of the subject property, across N.E. 6th Avenue, are the Yorktown
Condos zoned R-3, Multi-Family Residential. The Yorktown Condos
consist of 3 Multi-Family buildings which front on the north side
of N.E. 6th Avenue between Seacrest Boulevard and N.E. 1st
Street. Abutting the subject property to the east is an R-2
zoned neighborhood (Sunny Side Estates) which has been
predominantly developed for single-family homes. Abutting the
subject property to the south, where the additional parking is to
be located, is a 15 foot wide alley which is platted but not
constructed. Further to the south, across the 15 foot wide
platted alley, is a single-family home zoned R-2, duplex. The
subject property is bordered along the west by the right-of-way
for Seacrest Boulevard. Further to the west, fronting on the
west side of Seacrest Boulevard, is a vacant lot and a residence
zoned C-2, Neighborhood Commercial.
1
Proposed Use (see attached site plan): The applicant is
proposing to construct a 1-story child care center which would
have a maximum height of 25 feet. The building is proposed to
contain 4,400 square feet of floor space including 4
multi-purpose rooms, a conference room, an administration room,
an office and the necessary ancillary facilities for a day care
center. Also included on the site plan is the required outdoor
recreation area (7,005 square feet) and an enclosed patio. Under
the state regulations pertaining to day care centers, the site
could accommodate a maximum of 89 children. In front of the
building, 6 parking spaces would be provided with access
available by a driveway onto N.E. 5th Avenue located
approximately 80 feet east from the intersection with Seacrest
Boulevard. Additional parking (16 spaces) would be located
across the street on the south side of N.E. 5th Avenue. Access
would be provided by a driveway onto N.E. 5th Avenue which would
also be located approximately 80 feet east of the intersection
with Seacrest Boulevard and would align with the driveway on the
north side of N.E. 5th Avenue.
Standards for Evaluating Conditional Uses: Section 11.2.0 of the
Zoning Regulations contains the fOllowing standards to which
conditional uses are required to conform. Following each of
these standards is the Planning Department's evaluation of the
application as to whether it would comply with the particular
standard.
The Planning and Zoning Board and City Council shall
consider only such conditional uses as are authorized under
the terms of these zoning regulations, and, in connection
therewith, may grant conditional uses absolutely or
conditioned upon the faithful adherence to and fulfillment
of such restrictions and conditions including, but not
limited to, the dedication of property for streets, alleys,
and recreation space, and sidewalks, as shall be necessary
for the protection of the surrounding area and the citizens'
general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section. In
evaluating an application for conditional use, the Board and
Council shall consider the effect of the proposed use on the
general health, safety, and welfare of the community, and
make written findings certifying that satisfactory provision
has been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed
structures thereon, with particular reference to automobile and
pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The applicant is proposing to construct a driveway for each of
the two parking lots onto N.E. 5th Avenue. Both driveways would
align directly opposite each other approximately 80 feet east of
the intersection with Seacrest Boulevard and would provide for
2
two-way traffic flow. With the proposed parking lot layout and
design as shown on the site plan, which provides for a single
driveway to the parking area in front of the day care center, it
is likely that congestion would occur during the morning and
evening hours when children are being dropped off and picked up
owing to the limited back-up and turnaround space available and
the volume of traffic utilizing this area during the morning and
evening peak hours. This problem can be mitigated by providing
for two one-way driveways (ingress/egress) for this parking lot
in order to allow continuous one-way traffic flow, whereby
vehicles can enter from one driveway, drop-off the children, and
then exit the parking lot from the other driveway. The west
(egress) driveway would be located 30 feet east of the
intersection with Seacrest Boulevard and the east (ingress)
driveway would be placed adjacent to the landscape strip at the
east property line. Both driveways would be 12 feet wide and
would have a 50 foot separation.
2. Off street parking and loading areas where required, with
particular attention to the items in subsection D.1. above, and
the economic, glare, noise, and odor effects the conditional use
would have on adjacent and nearby properties, and the city as a
whole.
The proposed site plan provides for 22 parking spaces which is
the minimum number required for this use by the zoning
regulations. The required 22 parking spaces are divided into two
parking areas: a 6 space parking lot in front of the building
and a 16 space parking lot across the street. As stated under
condition #1 above, the staff is recommending that the parking
area in front of the building be redesigned to provide for
separate ingress and egress driveways to channel vehicular
traffic through the parking lot at times of peak hour use. The
applicant has submitted a revised site plan incorporating the
staff comments.
It is not anticipated that glare from parking lot lighting and
from automobile headlights will pose a nuisance to adjacent
properties as the parking lot lighting will be directed away from
nearby residences and day care centers normally do not operate
during the evening hours. In addition, the Planning Department
is recommending that the residences abutting the proposed day
care center to the east be screened from the proposed use by a 6
foot high concrete block wall.
During the daytime hours while the day care center is in
operation, some noise will be generated by the children playing
in the outdoor recreation area. It is anticipated that this
noise will be limited to periodic intervals during the daytime
hours while the day care center is in operation and will not be
of an extent so as to pose a nuisance to the abutting property
owners.
3
3. Refuse and service areas, with particular reference to the
items in subsection D.l and D.2. above.
The site plan shows a screened dumpster located at the rear of
the day care center adjacent to N.E. 6th Avenue, approximately 80
feet from the residence to the east and the Yorktown Condos on
the north side of N.E. 6th Avenue. The odors from the dumpster
would be perceptible for up to 200 feet away. Placing the
dumpster within the parking lot at the southwest corner of the
property would increase the distance from the nearest residence
to approximately 110 feet and would also eliminate the need for
the City's front-end loaders to back onto a public right-of-way
(N.E. 6th Avenue). The revised site plan places the dumpster in
this portion of the site.
4. Utilities, with reference to locations, availability, and
compatibility.
The site is served with water and sewer lines which are adequate
to serve the proposed use subject to the modifications
recommended by the Utilities Department at the end of this
report. As noted in the comments from the Utilities Department,
the applicant may be required to provide an additional fire
hydrant if the proposed day care center does not fall within 200
feet of the existing hydrant.
5. Screening, buffering, and landscaping, with reference to type,
dimension, and character.
The site plan shows landscaping which meets or exceeds the
landscape code. The children's play area is enclosed by a 5 foot
high concrete block wall which is continued southward along the
east property line in order to provide a continuous buffer
between the day care center and the two residences which abut the
property to the east. The Planning Department is requiring that
this wall be constructed to 6 feet which is the maximum height
allowable under the current zoning regulations.
6. Signs, and proposed exterior lighting, with reference to
glare, traffic safety, and economic effect, and compatibility and
harmony with adjacent and nearby properties.
Although the site plan indicates that a sign is to be provided on
the side of the privacy wall which encloses the patio at the
northwest corner of the building, the details have not been
provided. It is assumed therefore, that signs will be permitted
separately.
The site plan indicates that nine pole-mounted lights with a
fifteen foot height are to be provided: 5 of these are proposed
for the main site where the building is located while the rest
are to be placed in the parking lot across the street from the
main site. There is a note on the fixture detail indicating that
the lighting is to be directed inward. From the location of the
4
-~---- ..---------.----....---.. - - -------.----..--..-....,,~_...,~ ~ ______ m
fixtures on the site plan, it appears that the proposed lighting
will not pose a nuisance to the surrounding residential
properties. The site plan nor the fixture detail specify the
type of lighting to be provided. Therefore, a note should be
placed on the site plan, prior to permitting, indicating that
high pressure sodium lighting is to be provided in accordance
with the requirements of the Parking Lot Regulations.
7. Required setbacks and other open spaces.
The setbacks for the building are 25 feet from the south property
line, 25 feet from the west property line, 25 feet from the north
property line, and 10 feet from the east property line. These
setbacks meet the requirements of the R-2 zoning regulations.
8. General compatibility with adjacent properties, and other
properties in the zoning district.
Currently, the property to the north is occupied by multi-family
residential uses while the properties to the east and south are
occupied by single-family and duplex uses. The proposed day care
center has been designed with a residential architectural style
(as opposed to a commercial architectural style) in order to
conform to the residential character of the neighborhood. As
noted previously in this report, the children's play area is
abutted on the east and south sides by two residences. It can be
anticipated that some noise will be generated during periodic
intervals during the daytime hours when the children are using
the play area. Howev~r, it is not anticipated that this noise
will be of a nature to pose a significant nuisance to the
abutting residential uses and, in fact, the proposed use may be
of a net benefit to these abutting residences as the proposed
structure and 6 foot high concrete block wall will provide a
buffer between these two residences and the noise generated by
vehicular traffic on Seacrest Boulevard. In addition, the vacant
property will have been developed for a useful and needed purpose
and it will no longer continue to be used as a dumping ground.
As a result of these improvements, this property will also cease
to exist as an eyesore to the neighborhood and the community as a
whole.
9. Height of buildings and structures, with reference to
compatibility and harmony with adjacent and nearby properties,
and the city as a whole.
The proposed building is one story with a maximum height of 25
feet. The height of the building would be compatible with other
properties in the vicinity. Proper screening and noise
mitigation are recommended for any mechanical equipment to be
placed on the building rooftop.
10. Economic effects on adjacent properties and the city as a
whole.
5
It is not anticipated that the location of a day care center on
the subject property would have a significant adverse impact on
property values in the vicinity, or would impair the
developability of these properties. On the contrary, the
improvements to the property associated with the request for
Conditional Use approval, including landscaping, would likely
serve as a positive influence on an area of the City which has
been experiencing deterioration and blight. It should also be
noted that there is a greater need for day care centers in the
city, as noted in the Comprehensive Plan Evaluation and Appriasal
Report. The excerpt from this report pertaining to day care
centers appears in the following section, entitled "Comprehensive
Plan policies".
Comprehensive Plan Policies:
The following Comprehensive Plan Policies are relevant to this
Conditional Use application:
"Provide a suitable living environment in all neighborhoods."
(page 6)
"Provide a range of land use types to accommodate a full range of
services and activities." (page 6)
"Eliminate existing and potential land use conflicts". (page 7)
"Encourage the development of complimentary land uses." (page 7)
The subject property falls within Area 2, Sub-area B of the
Comprehensive Plan. One of the provisions of Sub-area B is to
encourage infill development (item #3, Page 23). This section of
the plan notes that "the existence of a large number of vacant
lots has tended to fragment the neighborhood, and the existence
of properties covered with debris and trash constitutes a major
environmental problem". In addition, this section of the plan
"encourages private development of vacant lots along Seacrest
Boulevard."
Page 105 of the proposed Comprehensive Plan Evaluation and
Appraisal Report notes the increased need for day care centers as
follows:
3.3.4.4.2. Day Care Centers. The number of female headed
households has increased dramatically in Boynton Beach. In 1970,
female-headed households constituted about 5% of all families,
whereas in 1980 over 20% of all families were headed by women.
The number of households where both parents work has also
increased substantially. These demographic changes indicate that
the need for day care centers has also increased substantially
since 1970. The City's zoning regulations currently allow
day-care centers only in R-2 and R-3 districts and in commercial
zoning districts. Consequently, the number of sites for day care
centers is greatly restricted, and are often lacking in
6
single-family neighborhoods, where the demand is greatest.
Therefore, it is recommended that day-care centers be allowed as
conditional uses in single family zoning districts, subject,
however, to minimum lot size and location requirements.
Conclusions/Recommendations: The proposed use and development of
the property would be compatible with the surrounding
neighborhood and would be consistent with Comprehensive Plan
policies. Therefore, the Planning Department recommends that
this Conditional Use application be approved subject to staff
comments and recommendations as follows:
A. PLANNING DEPARTMENT
1. The concrete block wall which encloses the children's
play area and screens the two residences to the east is to be
constructed to a height of 6 feet.
2. Parking spaces are to be double-striped.
3. Parking lot regulations require high pressure sodium
lighting.
4. Proper screening and noise mitigation is required for
any rooftop mechanical equipment.
5. Traffic directional arrows for the parking lot
ingress/egress driveways on the south side of N.E. 5th
Avenue should be reversed to provide for traffic flow in
the opposite direction.
B. ENGINEERING DEPARTMENT
1. New drainage calculations are required using a true
percolation test.
2. Details required for exfiltration trench and for
curbing.
C. PUBLIC WORKS DEPARTMENT
1. Contact Public Works prior to pouring dumpster pad.
D. POLICE DEPARTMENT
1. Provide stop signs at exits.
E. UTILITIES DEPARTMENT
1. Maintain at least a 10 foot minimum distance between the
water main and the building slab.
2. Replace the existing water service with a new tap and
service if the existing is made of galvanized pipe.
What size is the proposed service?
7
3. Provide a 10 foot utility easement for the proposed
water line and service, including the meter box.
4. Indicate the location of the nearest fire hydrant on the
site plan. The hydrant must be within 200 feet of the
furthest point on the proposed building. If the current
hydrant does not meet this criteria, one will have to be
installed on N.E. 6th Avenue.
F. FORESTER
1. The applicant should be aware of the Tree Preservation
Ordinance #81-21 requirement to provide adequate
protection for the two Slash Pine trees on site to be
preserved. He should meet with me to discuss the
particulars prior to receiving the land clearing permit.
G. BUILDING DEPARTMENT
1. Unity of title required for parking lot across street.
2. Two (2) additional handicapped parking spaces are
required (3 total).
Cc- J (-- _-:7-
CARMEN s, MiNUttZriT;
flat
8
MEMORANDUM
TO
Planning Dept.
Attn: Mr. J. Golden
DATE
July 2, 1986
FIL!:
FROM
Lt. Dale Hammack
Police Dept.
~U.JECT Gi rtman Day Care
As per the discussion at the T.R.B. meeting of 1 July 1986, the following
is recommended:
1. Stop signs at exits
t/fL
t. Dale Hammack
Police Department
DH:as
M E M 0 RAN DUM
July 1, 1986
TO: Jim Golden
Planning Department
FROM: William V. Flushing
Deputy City Engineer
RE: Girtman Day Care Center
COMMENTS:
1. New drainage calculations are required using a true
perculation test.
2. Detail required for exfiltration trench and for
curbing.
-~ ell I
7ft n{~lUS~
WVF:ck
MEMORANDUM
TO
Carmen Annunziato
Planning Director
DATE:
July 1, 1986
FlUE:
FROM
Kevin J. Hallahan
Forester/Horticulturist
'WBJECT Gi rtman Day Care Cen ter
The applicant should be aware of the Tree Preservation Ordinance
#81-21 requirement to provide adequate protection for the two
Slash Pine Trees on site to be preserved. He should meet with
me to discuss the particulars prior to receiving the land clear-
ing permi t.
~~~_~- c:jJ,-JL-/~J
Ke in J. allahan d~_
KJH:ad
if,' )17,
,., J'.'
< 'i.._;....,'-~ -'" ,-
JUl c, ~
PLANt'it;~G LlL ~,
MEMORANDUM
-
TO :
Car~en Annunziato, Planning Director
DATE:
June 30, 1986
SUBJECT:
TRB COMMents - Boynton Beach Child Care Center - N.E, 6th
Ave. and Seacrest Blvd.
Our approval of this project
requireMents being Met:
is conditional upon the following
1} Maintain at least a 10-foot MiniMUM distance between the water
~ain and the building slab.
Z} Replace the existing water service with a new tap and service if
the existing is Made of galvanized pipe. What size is the
proposed service?
3} Provide a 10-foot utility easeMent for the proposed water line and
service, including the Meter box.
4} Indicate the location of the nearest fire hydrant on the site
plan. The hydrant Must be within 200 feet of the furthest point
on the proposed building. If the current hydrant does not Meet
this criteria, one will have to be installed on N.E. 6th Ave.
Sincerely,
(~jVl;; d
I{;~ 1 < / ~J;ee:tf
Peter v, Mazzella,
Util i ty Engineer
cc: File
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GIRTMAN CHILD '
CARE CENTER
BOYNTON BEACH FlORIDA
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BOYNTON BEACH PLANNING DE'ARTMENT
APPLICATION INFORMATION FORM
NOTE: This form must be 'filled out completely and accurately
and must accompany all applications submitted to the
Planning Dept. (2 copies of application required)
PROJECT NAME:
Girtman Chilri CArR r.RntRr
AGENT'S NAME:
Dougl~s R. Root, A.I.A.
ADDRESS: 2101 N. \'/. ?nri fH/P.
Boca Raton, Fl. 33431
'pHONE:
392-3720
OWNER'S NAME: Eroyn Girtman / fJtJrlltlf1! It. a]:"i?TItJrJt
(or trustee's)
ADDRESS: 1920 NE 1ST L~ne
Boynton BRAr.h, FloririA
PHONE
(305) 734-7839
PROJECT LOCATION: Seacrest Bll/riA l.. N F r:;t:h A\Il:'lnf'I'I
(~ legal description)
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
* This is the address to which all agendas, letters and other
materials will be forwarded.
~
LEGAL OESCRIPTIuN.
RE~L ESTATE ("PROPERTY") LOCATED IN PALM BEACH COUNTY,
fLORIDA;THE EASTERLY 118.91 fEET Of THE WESTERLY 158.91
fEET Of THE SOUTH 160 fEET Of THE NORTH 1B5 fEET AND
THE EASTERLY 118.61 fEET Of THE WESTERLY 158.61 fEET
Of THE SOUTHERLY 82.93 fEET Of THE NORHTERLY 317.93
fEET Of THE NORTH i Of THE NORHTEAST k Of THE SOUTH-
EAST k Of SECTION 21 TOWNSHIP 45 SOUTH, RANGE 43 EAST,
LESS EAST RIGHT Of WAY Of SEACREST BLVD. AS RECORDED IN
OR. 2840, P. 984 Of PALM REACH COUNTY PUBLIC RECORDS.
LOT 16 BLOCK 2 PLAT Of SUNNY-SIDE ESTATES, PALM BEACH
COUNTY, fLORIDA.
Fee
Applicant #
CONDITIONAL USE APPLICATION
Date Submitted:
May 23, 1986
.
Applicant Name:
SLATTERY &: ROOT ARCHITECTS, P.A.
-
Applicant Address: 2101 NlJ 2ND AVENUE , BOCA RATON
Phone: (305) 392-3720
Si te Address: SRFlr.rA1'lt &: N. E. 5th AIIAntlR
Legal Description:
SEE ABOVE
ProJect Description: Fl 4400 SP. Pt. r.hilrl ca"s "lith" contiQuous recreation
FlrRa and parkinQ.
~~11faM;/ ;1h~ ~
T e OWner as hereby de-
signated the above signed
person to act as his agent
in regard to this petition.
(To be executed when OWner
designates another to act
on his behalf.)
(2)
Planning Department 9/83
/
"
'28. Site development data including:
a. Zoning District R2
b. Area of Subject Property 30928
c. Type of Development Child Cat'8
d. Parking Spaces Required 22
e. Parking Spaces Provided 22
f. Ground Floor Building Area 4,400 Sq. ft.
g. Total Floor Area 4,tlOO Sq. ft. 14
h. Landscape Area 15,464 Sq. ft. 50
i. Parking and Street Area 10,704 Sq. ft. 35
j. Building Heights 20 ft. 1
k. Walk,covr~d 1%
If the proposedproject-rs a residential development, the
following additional data shall be shown:
"
Planning Department 9/83
Sq. ft.
.71
Acres
" Sitl
of Sitl
of Sit4
of Si tl
Storiel
k.
1.
Number of Dwelling Units
Gross Density
Number and Type of Dwelling Units:
(1) Efficiency
(2) One Bedroom
(3) Two Bedroom
(4) Three Bedroom
(5) Four Bedroom
(6) Total number of units
Floor Area of Each Type of Dwelling
(1) Efficiency .
(2) One Bedroom
(3) Two Bedroom
(4) Three Bedroom
(5) Four Bedroom
Indicate the Total Area of the
41) Principal Buildings
(2) Accessory Buildings-
(3) Recreation Areas
(4) Water Bodies
(5) Golf Course
m.
ft.
n;
Sq.
Unit:
Sq.
Sq.
Sq.
Sq.
Sq.
Following:
Sq. ft.
Sq. ft.
Sq. ft.
Sq. ft.
Sq. ft.
% of Sit
% of Sit
% of Sit
% of Sit
% of Sit
ft.
ft.
ft.
ft.
ft.
o.
p.. Any other information necessary to establish compliance
with the intent 'of the Conditional Use approval
section of the Zoning Regulations.
(7)
NOTICE OF PUBLIC HEARING
Mr. Douglas R. Root, Agent" for Blanche and o Eroyn Girtman has
rA~~ested the following parcel be considered for CONDITIONAL USE
to construct a child care center at the following location:
Legal
Description:
Address:
Applicapt:
Owners:
Project:
~
"\0
Real Estate ("property") located in Palm Beach
County, Florida; the easterly 118.91 feet of the
westerly 158.91 feet of' the south 160 feet of
the north 185 feet and the easterly 118.61
feet of the westerly 158.61 feet of'the
so~therly 82.93 feet of the northerly 317.93
feet of the north i of the northeast i of the
southeast i of Section 21, Township 45 South,
ORange 43 East, less east right of way of
Seacrest Blvd. as recorded in OR. 2840, P. 984
of Palm Beach County Public Records
Lot 16, Block 2~PLAT OF SUNNY-SIDE ESTATES,
Palm Beach County, Florida 0
Seacrest Boulevard & N. E. 5th Avenue
"
Slattery & Root Architects, oP.A.
Robert pilney and Leon Cloutier
Girtman Child Care Center
A HEARING BEFORE THE PLANNING & ZONING BOARD WILL BE HELD AT CITY
HALL ON TUESDAY, JULY 8, 1986 AT 7:30 P.M.
ALSO
A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COUNCIL ON TUESDAY,
JULY 15, 1986 AT 8:00 P.M. OR AS SOON THEREAFTER AS THE
AGENDA PERMITS, ON THE ABOVE REQUEST.
,.'
,.
;
All interested par~ies are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning & Zoning Board or City
Council with respect to any matter considered at these meetings
will need a record of .the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings 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
aa
publish: The Post Extra
June 26, 1986
cc: City Manager
City Council
City Attorney
Recording Secretary
r --,
FROM
TO Carmen Annunz i at 0
Planning Director
Bob Donovan
Chief Plan Reviewer
SUBJECT:m_Q!I'J~J?~YJ::~tlr~ ...
_ ....DA TE:____?I?I~~.___________.___._
FOLD.
Upon review of the above mentioned conditional use, please be advised
of the following:
1, Uni ty of it i,t Ie r~qUiredc for parking~ ~ot across street,. - ' J
,), Twt7 {.J.j "lJ,l.p".I ~.."J,crrl~"vk'::J r"'tJ ~vt! ~YIL"t
BD: bh
PLEASE REPLY TO
.
SIGNED
~f)~~
Bob Donovan
REPLY
Qu
DATE:
7-.2-~ (
SIGNED
Item # F269 @ Wheeler Group Inc. 1979
THIS COpy FOR PERSON ADDRESSED
~
-
/
A F F I D A V I T
STATE OF FLORIDA
)
) SSe
)
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED EROYN GIRTMAN
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to
the best of his knowledge, a complete and accurate
list of all property owners, mailing addresses and
legal descriptions as recorded in the latest offi-
cial tax roles in the County Courthouse for all
property within Four Hundred .(400) feet of the
below described parcel of land.
The property in question is legally described as follows:
RE~L ESTATE ("PROPERTY") LOCATED IN PALM BEACH COUNTY,
FLORIDA;THE EASTERLY 118.91 FEET OF' THE WESTERLY 158.91
FEET OF THE SOUTH 160 FEET OF THE NORTH 185 rEET AND
THE EASTERLY 118.61 FEET OF' THE WESTERLY 158.61 FEET
OF' THE SOUTHERLY 82.93 FEET OF THE NORHTERLY 317.93
FEET OF THE NORTH i OF THE NORHTEAST ~ OF THE SOUTH-
EAST ~ OF SECTION 21 TOWNSHIP 45 SOUTH, RANGE 43 EAST,
LESS EAST RIGHT OF' WAY OF SEACREST BLVD. AS RECORDED IN
OR. 2840, P. 984 OF' PALM REACH COUNTY PUBLIC RECORDS.
LOT 16 BLOCK 2 PLAT OF' SUNNY-SIDE ESTATES, PALM BEACH
COUNTY, FLORIDA.
FURTHER AFFIANT SAYETH
Sworn to and subscribed before me this 23rd
day of
A.D. 19 86
/
No:t.ary Publ~c
State of Florida at Large
tOTARY PUBLIC STATE OF FLORIDA
MY COMHISSION EXP. JAN 2J,Jg80
BONDED THRU GENfRAL JNS. UNO.
My Commission Expires:
.
'.
I<,~~~
",," .,
~ \. " t,
0~~ ;
M E M 0 R A N D U M
TO: Mr. Carmen Annunziato DATE:
Planning Director
FROM: Betty S. Boroni RE:
City Clerk
P~' ~ '''D''
" c.,',..:
\:......t... .
---.......--....,....,.....-..-
June 25, 19~
Planning & zoning
Board meeting of
July 8, 1986
Forwarded herewith please find the notice covering the
conditional use application submitted for the Girtman Child
Care Center. These notices were mailed to property owners
within 400 feet today. Advertising is scheduled in The Post
Extra on June 26, 1986.
Be~~~
BSB/smk
Attachment
cc: City Manager
/&/ ~o 71. c, /~ ~
~ ;&4.d, 7.(4.
/Ju.) 3~ /9~"
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;St~'t/~~
&;Y/J () r!k;7~
BW\H I NG NO'1'P,: THE
EAST RIGHT OF WAY
1, r NE FOR SEl\t:lms'r
J;LVl). l\S l)l;~I\ H.I~. (),
PG~;. 1 7~) - 1 R 3, J S
SJ!OVJN TO BE7\R NOWl'll
() 1 n I) I :~')" WI'::~"',
ALL, BEJ\RINGS ON '!'fJU~
SlJnV 1';,( 1\fn: R f~L^,I'J<;[)
'I'Hlmr::'I'(l.
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OBIIDAL ."...
PROPERTY SHOWN HIRIlON HAS NOT 81111 TIt'Ll SBIlCIIID 8Y TN. IUIlVIYOIl POll BSDtINTS.
RIGHTS-OF-NAYS OR RISIRVATIONS OF RICOIlD!
L~AL DISCRIPTION SHOWN HERION FURNISHED BY TNI CLIBNT!
SURV!':Y SHOWN H!':RIlON MBETS THI MINIMUM TECHNICAL STANDARDS FOR SURVIY RULB 211111-6,01,
!':LEVATIONS SIIONN IIBREON BASED ON N,O,S, DATUM UNLISS OTHIRNISE NOTBD!
BEARING SIIOWN HBREON BASID ON RICORD PLAT OR 0110 CALLS UNLISS OTHERWISE NOTED,
ALL PROPIRTY CORNIRS ARI IRON RODS. OR NAIL UNLISS OTHIRNISI NOTED,
FOUNDATION or IXISTING BUILDINGS LYING BILOW aURFACK NOT LOCATIO,
t?9O'I~r;"'r.Hf
clrCl
400 JCU It'€
BOUNDARY SU VEY
1 IIEREBY CERTIFY TII^T TilE PL^'r flllOWN IIEREON IS A TRUE AND CORREC1' REPRESENT^'UON 0... ^
SURVEY MADB UNDER MY DIltECTION ^ND TIIAT BAlD SURVEY IS ACCURATE TO TilE BEST OF MY KNOWI,El>GE
AND BELIBI', AND UNLBSS OT"ERW1~:~ SH<*", TH~I A.a NO VIlI'L15 ,ENCROACHMENTS,
DATE: //-/9-S~
._~--
LOT /6
BLOCK 2
PL A r OF
SUNNY- SIDE ESTATES
PALM BEACH COUNTY FLORIDA
SCALEJ"=-.cO' PLATBK: 2(P PAGE: /~
F.B, /57 PG. 78
DRAWING NO.
RI CHARD L. SHEPHARD 8 ASSOC., INC.
Po. BOX NO. 759 3 I 0 S. FED ERA L HI G H WA Y
BOYNTON BEACH, PALM BEACH COUNTY, FLOR I DA
PHONE 305- 737-6546
$-8s-//- 7tP
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LOCATION MAP
GIRTMAN CHILD CARE CENTEF
.
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-
CONTRACT FOR SALE AND PURCHASE
'\)'
PARTIES: a.M1't '~l"., , ("Seller"),
of (Phone ),
and !Hanc:htl B. Cuteea '''14 IroyD I). Girt..,.. . ("Buyer"),
of (Phone ),
hereby agree that the Seller shall sell and Buyer shall buy the following property ("Property") upon the following terms and conditions which INCLUDE the
Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standard(s)"),
I. DESCRIPTION:
(a) Legal description of Property located in 'el. I..ch County. Florida: '1'b.e "'terly 118.91' of the
W..ter11 158.91' of South 160' of RoS'ch liS. ao4 the laat.rl,. 118.61 t of the W..terly 158.61'
of the Soutberly 82.9" of the Iortherly 317.'3' of tbe Horth 1/2 of the Jortheaat 1/4 of the
Iotatlaeut 1/4 of the Ioucheut 1/4 of Sect10a 21.. 'lva. 'S South, IDa. 43 Sut.. te.. ....t rf.aht-
of__,. of Iucl'..t 11.4. .. r.co...... ill 01:-2840.. .....84.. of 'da leach County Pu",lic leeor4..
(b) Street address, if any, of the Property being conveyed is
(c) Personal property ("Personalty"l included:
ItoI'dl lucr..' 11ft.. Ie. atlaellH lNI'Vey.
10M
II.
PURCHASE PRICE: . . . . . . . . . . .
PAYMENT:
(a) Deposit(s) to be held in escrow by
. , . . , . . . , . , . . , . . , . . . . , , . , . , . , , . $
~O. iKML 90
t-.\tert .......,
1..000.00
in the amount of . . . . . . . . . . . . . . $
(b) Subject to AND assumption of Mortgage in favor of
having an approximate present principal balance of , . , . . ,
(c) Purchase money mortgage and note bearing interest at % on terms set forth herein below, in the
principal amount of . , . , . . , . . , . , . . , . . , . . . , , . , . . . . . . . . . , , . . , . . . , . . . . . . , . . $
(d) Other Ie. lt . ft.."ciDa $
(e) Balance to close, (U,S. cash, LOCALLY DRAWN certified orcashier's check) subject to adjustments and prorations . $
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EXECUTION communicated in writing or
telegraphically between the parties on or before 1 June 198' , the aforesaid deposit(s) shall be, at OPtion of Buyer, returned to Buyer
and the offer withdrawn and null and void, The date of Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signed this offer.
IV. FINANCING:
(a) If the purchase price or any part thereof is to be financed by a third partiloan, this Contract for Sale and Purchase ("Contract") is conditioned upon
the Buyer obtaining a firm comm itment for said 10<.":llll" ,~~~... tH'!~~, at an interest rate notto exceed PrflV. Nt.3m of 30
years; and in the principal amount of $ 39,000..- . Buyer will make application lI'ftt'htn~o:ftl~.1"tdlol !!!rrt1c:;ll~r~, and use reasonable
diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
.$
-0-
-0-
J'. CJOV. 00
-0-
(b) The existing mortgage described in Paragraph I J(b) above has (CHECK (1) or (2)): (1) oa variable interest rate OR (2) oa fixed interest rate of %
per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller
shall, within_ days from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and
status of mortgages. If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Seller shall
promptly obtain and deliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee, Any mortgagee
charge not to exceed $ shall be paid 1/2 by Seller and 1/2 by Buyer, If the Buyer is not accepted by mortgagee or the requirements
for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may
rescind this Contract by prompt written notice to the other party unless either party elects to pay any increase in interest rate or excess mortgage charge.
The amount of an,,~sc.:.c:.":" deposits held by mortgagee shall be credited to Seller at Closing.
V. TITLE EVIDENCE: ~ya 1>>ttfa~_.\f1;er shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with
Standard A, (CHECK (1) or (21): (1) 0 abstract of title OR (2) 0 title insurance commitment with fee owner's title policy premium to be paid by Seller at closing
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on the 1st day of October 19~, unleSl
extended by other provisions of the Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: zoning. restrictions, prohibitions and other requirements imposed b~
governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements arE
to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines and 7Y2 feet in width as to the side lines, unlesl
otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; ot.her:
; provided, however, that therE
exists at closing no violay~n of the foregoing and same does not prevent use of the Property for Hur.alJ" SchDol/Dq Care Cant:ar purpose(s)
V III. OCCUPANCY: Sl/I'ler represents that there are no parties in occupancy other than Seller, but jf Property is intended to be rented or occupied beyond closing
the fact and terms tl1.' reof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at timl
of closing unless ot~rwise stated hllrein. If occupancy is to be delivered prior to closing, Buye~ assumes all risk of loss to Property and Personalty from date 0
occupancy, Sha~~~ responsible and liable forJTlaintenance. thereof from said d,!tjl, and shall be deemed to have accepted the ,Property and ~ersonalty in thei
eXisting conditi/as of time of tak,ing occupancy unless otherwise stated herein odn separate writing. .. ,.
IX. AS~IGNASILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) il may not assign', Contract.
Jl
X, T",,'PEWRtT.-EN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control al
printlf'J PfOvisidns of Contract in conflict therewith,
X I... INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider shall be attached hereto and made part hereof.
xli, SPECIAL CLAUSES: (utilize space below) * _ _ _ _ _ _ _ _ _ _ _
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FUllY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR,
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terml
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of aff interested persons.
Copyright 1985 by The Florida Bar and the Florida Association of REALTORS, Inc.
- - - - ~:c~t: :y~:eron / 5/2'3/8(0
~-+"
(Seller)
Deposit!s) under P agraph II received; if other than cash, then subject to clearance.
~!~~~~
BROKER'S F.EE: (CHECK & COMPLETE THE ONE APPLICABLE)
18 (IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement;
(Escrow Agent)
OR
o (IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale, compensation in the amount of (COMPLET
ON L Y ONE) _% of gross purchase price OR $ , for Broker's services in effecting the sale by finding a Buyer ready, willing and able 1
purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit/s) is retained, 50% thereof, but not exceeding the Broker's fee aba,
provided, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seller. If tt
transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand. In any litigation srisi.
out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to recover reaso Ie attorney fees and costs.
Lwwry HOlle.. Inc.
ze 0: Br:ker)
J "A--t , '.' ' )
By: . ~...... ,.........v. ,'I~ . .... --.....
(authorized signatory)
51
xj';A"
." ,
.f,.,-./
(Seller)
L..hart. "~ay 5~
(name of cooperating sub-agent)
(Selled
SPECIAL CLAUSES:
· S.ller wUl allow Buyer to suba1t an .,pU,cation to the City of BoyntOIl leach for the .
of obtaln1na coD&titioaal ..e zonina of .aU pJ:operty for a Nursery School/Day Care C.'
Application fee will be paid by Buyer. contract 1. subject to Buyer obta1.n1na concl1t~
zonina.
:it' ..~ c
Rev, 1/85
CONTRACT FOR SALE AND PURCHASE
PA.RTI ES:
of~
LEON CLOUTIER
....T .
BLANCHE H. GIRTMAN AND EROYN D. GIRTMAN
1 Phone
. e. "Seller".
).
.nd
. at ..Q'l....r...
of (Phone
hereby 'IIr.e that the Sell.r .hall ..II .nd Buyer sh.11 buy the followlnll property upon the following term. and condition. WHICH
Aaa' En.te Tran..ctlon. on the ravar.. haraof or ana chad hereto. heralneher r.farred to a. "Standerd(.I",
I. DESCAIPTION: PALM BEACH
la) Le".1 "..cription of real en.t. I"Prop.rty"llocatad i... County. Florida:
I.
INCLUDE tha Standard. For
LOT 16,
COUNTY,
BLOCK 2, SUNNY SIDE ESTATES,
FL (PB-26,p-16)
BOYNTON BEACH,
PALM BEACH
J
lbl Str....t addreu. if any, at th.. Prop..rty bain" convayed i. 1XX
..... Paraonal proparty included: NONE
N.E.
6TH AVE.
BOYNTON BEACH
".--
".,
II.
PURCHASE PRICE: . , . . . . . . . , . . . .
PA YMENT:
(.1 Dapo.lt(.1 to b. hald In escrow by
, , .. . . . . . . ,$
5,000.00
LAMBERT AGENCY
250.00
in tha .mount of, , , , .$
(bl Subjact to AND .....mption of Mortg."" in f."or of
b.aring intarast .t " par .nnum and payabl. a. to princip.l and
per month. h."lng an appro.imeta pra..nt principal balanc. of. . " $
-0-
inter.n $
(c)
Purcha.. mon.y mortgalle .nd not. bearing int.r..t at " on tarm. .et forth har.in b.low. in tha
principal amount of . . . . . . . . . . . . . . . . . . . . . . . , , , . . , , . . . . , . , , , .:, . . .
Othar SEE Ill. FINAC ING
TOTAL
,$
$
.$
.$
-0-
4.7'50.00
-0-
5,000.00
(dJ
(el
a,'anc. to cia.., IU.S. cash, c.rtified or ca.hiar'. check) .ubj.ct to .dluttm.nu.nd proration. ,
III. F I NANCI NG: If tha purchaaa I"rlce or any part theraof is to be flnanced1bx A third party loan. thi. Contract for Sal.. and Purchase. I"Contracl"), is con
dilioned upon the Buy.r Obtalninlle firm commitment f~r uld loan WithIn '0 ~~ day. from data h~r.o.f, at an int..re'l rilte nol to ..xc..""
%; t.rm of _v..ra; .nd In the prinCipal .mount of $ ~,? 5__00 . Buy.r a"ree, to meke .ppllcatlon for, and to u.. reatonabla d,lI-
Ilenc. to obtain ,.id lo.n. Should Buyer f.il to obt.in ..m. or to w.i". Buyer'. righu h.r.under within .aid tim.. .ithar party m.y c.ncel Contract.
I V. TITLE EVIDENCE: Within 120 dav. from data of Contr.ct. S..lIer .hall, at hi, e"panse, deli"er to Buyar or hi. attorn..y. in accordanc~ witt
Stllndard A., either (CHECK) 0 (1) or:i' (2): (1) abltract, or (21 titla In.ur.nca commitment with 18e own...'. title polley premium to be p..id by Saller et closing.
V" TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this off."i.:not ...c..lAtd by both of the partl.. har.to oaOr'ba10r.
lhe ator..said depo.itl.) shall be, at the option at Buyer. returned to him and thil oller ,hell thereafter be null and "oid, The date of Contract ("Effective Oat....
Shilll b.. the dat.. when the lut one of the Seller and Buyer haa ,igned this olllfr.
V/. CLOSING DATE: Th;. Ifan,.ction shall be closed .nd the d.ed and oth.r clo.inll papa" dalivared on tha 1ST da,Y of OCTOBER
19 86 ' unl." .xt.nd.d by oth.r provi.lon, of Contr.ct.
VII. RESTAICTIONS, EASEMENTS, LIMITATIONS: The Buyar shall taka titl. .ubj.ct to: Zoninll. 'eUriction.. prohibitlont .nd other requiremenu impo...d by
gov.rnmental .uthority; R.,uiction. and m.na" appearin" on tha plat or otharwi.e common to tha ,ubdivi.ion; Public utility ea58m.nn of rac:orct. (prOVided .ald
."emenn ara located contllluou. throu"hO'lt tha proparty lina. and .ra not mora th.n 10 faat in width 10' to the raar or front Iina. anct 7Y. t..t in width.. to tha
sid.. line.. unle.. otharwl.. 'P.cifi.d her.inl; T.... for year of Clo.lnll and wbaequant yeart. a"'lmad mort"a"e. and purcha.. monay mortgalle'. if eny;
oth.r:
prOviabel, hO\l'le...r, tt.ill ncne of the torego;nu shall pre"ant UI8 of tha PrOp8rly for the purpose of ERY SCHOOL
V III. OCCUPANCY: Sellar rilpresenn that there are no parties In occupancy othar than S.lIer, but if Property I. intended to be rantlld or occupi"d bbyon;J cleoinil,
the fact and term, thereof shall be stated herein, and the tenantla) .hall be dilclo.ed pursuant to Standard G. Seller a"ree, to deliver occup.ncy of ProperlY at
time at closing unle.. otherwi.. specified balow. If occupancy i, to bil dalll/ered prior to clo'in", Buyer assumes all ri.k of 10.. to Proparty from date at o~cu
pancy. ,hall be respon.lbla and liable for malntenanc. ther1lO1 from said date, and shall be deemed to ha". accepted the Property, real .nd pef$onal. in its e"istin~
condition aa at time of takin" occupancy unlll" otherwil8 noted In wrltinll.
IX. ASSIGNABILITY: (CHECK ONE) Suyer Om.y ...llIn 1XI may not a..l"n, Contract.
. .
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typawrittan or h.ndwritten pro"islon. inl8rtlod harain or attachad hareto ., Aadend. sh.1l control
all print.d pro"i.ion,'n conf/il:t therewith. .
x I. INSULA nON RIDER: If Contract I. uaed for tha sale of a new residence. the In,ulation Rider ,hall be attached hereto ana made a pert hereof,
XII. SPECIAL CLAUSES: SELLER WILL ALLOW BUYER TO SUBMIT AN APPLICATION TO THE CITY OF
BOYNTON BEACH FOR THE PURPOSE OF OBTAINING CONDITIONAL USE ZONING OF SAID
PROPERTY ,~OR A NURSERY SCHOOL!bAY CARE CENTER. APPLICATION FEE WILL BE PAID
BY BUYER. CONTRACT IS SUBJECT TO BUYER OBTAINING CONDITIONAL USE ZONING.
.1
THIS IS INTENDED TO BE A LEGALL Y BINDING CONTflACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIDR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE flORIDA ASSOCIATION OF REAL TORS AND THE FLORIOA BAR
WITNESSES. (Two recommended but NOT rlllluirll<ll
EAL
WITNESSES: (Two recommended but NOT required)
DepoSlt(sl undar II I.) raceil/~rh~k .~j.ct t
By;LAMBERT AGENCY
IE.crow Agallt)
8ROKERAGE FEE: S.ller ."ra.. tq Pfly the r~ll ...1 .ttat. Bro named b.low. .t tlm. of clo.lnll, from tho di.bursements of the pro.celKlo of 'ala. co
p..nsation In the amount of .L U % of gran purch... prlc, or $ - . for hI. ..rvlce. In .ff.ctln" tha ..I. by find 1011 . 8uyer, r..,,,
willing and "bie to purcha.. punuanl to the foregoing Contr.ct, In the .".nt Buy.r fall, to p.rform .nd d.po.lll.)I. rat.lned. 50% thereof, but not ."c.<Oding t
flrok..r'. I.... IIbo"a computed, .hllll b. p.ld to trle Broker. a. full con.laor'llon for Brok.r'. ...."Ic.. Inc'ualng COIU ."p.neled bV Brok.... anel the balonc. IhlOlI
pala to Sell.". " the tr.n lion shall not b. cloud b.c.u.. of rafu..1 or f.llura of ~el~er ~ p~~torm. tha S~lIar~) d Mlq t.e In full to Brok.r /;In d.mand.
(SEALI .,j(, Y:...1l-V ~ . (SEA
lOr! ~cLofhi (S.ller)
-ANN~~<~::':
~ t:c ~/B
~ ~ ISell.r)
~ ~~-U
ANN TIER ISallor)
ISE:Al
(SEAL
ERT
LAMBERT AGENCY
(SEA
t110 V. Jill 1
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