APPLICATION
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PROJECT NAME: BRADSHAW BED AND BREAKF ASTlP ARK SHORE MANOR
LOCATION :658 Manor Dr
COMPUTERID:BRADSHAW/COUS
I FILE NO.: COUS 00-001 I TYPE OF APPLICATION:
CONDITIONAL USE/SITE PLAN
AGENT/CONTACT PERSON: OWNER/APPLICANT:
PETER H. SCHMIDT, ESQUIRE BARBARA R. BRADSHAW
400 S. DIXIE HIGHWAY, STE 420 PHONE: 561-734-9142
BOCA RATON, FL 33432 FAX: NONE
PHONE: 561-394-2700 ADDRESS: 658 MANOR DRIVE
FAX: 561-394-6775 BOYNTON BEACH, FL 33435
Date of submittal/Projected meetin~ dates:
SUBMITTAL / RESUBMITT AL 2/9/00
1ST REVIEW COMMENTS DUE: 2/25/00
PUBLIC NOTICE: 4/1/00
TRC MEETING: ~/21/00 (Q /~ /00
PROJECTED RESUBMITTAL DATE: MlI9Q.
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 4/11100 Ca/2T/OO
MEETING:
CITY COMMISSION MEETING: 4/18/99 7-/'>/00
COMMENTS:
\\CH\MAIN\SHRDA T A \PLANNING\SHARED\ WP\PROJECTS\BRADSHA w\PROJECT TRACKING INFO.DOC
APPLICATION ACCEPTANCE DATE:
...
FEE pAID: . I} (j J 1-\ (90
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RECEIVED MY S~. i MEMBER:
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RECEIPT NUMBER: (7 '3 C) l'
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and
must accompany all applications submitted to the Planning
Department. (2 copies of application required)
PROJECT NAME: Barbara R. Bradshaw/Park Shore Manor
AGENT'S NAME: Peter H. Schmidt, Esquire
ADDRESS: 400 South Dixie Highway, Suite 420
Boca Raton, Florida 33432
(zi~ code)
PHONE: (561 ) 394-2700 FAX: (561 ) 394-67 5
OWNER'S NAME:
(or trustee)
ADDRESS:
Barbara R. Bradshaw
658 Manor Drive
PHONE:
(561) 734-9142
FAX:
None
r PfJ r'~
~ L~,_-A).
33435
(zip code)
Boynton Beach, Florida
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PROJECT
LOCATION: 658 Manor Drive, Boynton Beach, Florida 33435
(~ legal description)
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
Same as Agent
* This is the address to which all agendas, letters and other
materials will be forwarded.
GciJ5 - 00--- GO 1
2
Fee
File No.
CONDITIONAL USE APPLICATION
Date Submitted:
October 19, 1999
Applicant Name:
Barbara R. Bradshaw
Applicant Address:
Boynton Beach, Florida
PHONE:
(561) 734-9142
Fax:
(zip code)
None
Site Address:
658 Manor Drive, Boynton Beach, Florida 33435
Legal Description:
See Attached Legal Description
!JIJ..;(. {q
Project Description:
Conversion of
rental a artments
to a conditional use as a Bed and Breakfast establishment pursuant
to Ordinance No. 098-42 passed by the City of Boynton Beach,
Florida on December 1, 1998.
6dftlL~~ ~dd~
Signature of OWNER
BARBARA R. BRADSHAW
The OWNER has hereby
designated the above
signed person to act as
herfl~s agent in regard to
this petition. (To be
executed when Owner
designates another to act
on hi-a- behalf.)
her
PARCEL 1:
A tract of land lying in Government Lot 3 of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S.89022'Ol" E., along the
North line of the aforementioned South 370 feet of Government Lot
3, said l~ne being also the South line of Wilms Way SiD as recorded
in Plat Book 23, Page 110, of the Public Records of Palm Beach
County, Florida, a distance of 601.68 feet to a point; thence with
a bearing of N.0037'59" E., a distance of 34.41 feet to a point;
thence with a bearing of S.89022'01" E., along a line, lying 34.41
feet North and parallel to the North line of the aforesaid South
370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 124.31 feet to a point; thence
with a bearing of S.0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022'01" W., a distance of 124.31
feet to a point; thence with a bearing of N.0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
PARCEl, 2:
A tract of land lying in government Lot 3, of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370.00 feet of Government
Lot 3, said line being also the South line of Wilms Way SiD as
recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said
point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 26.11 feet to a point; thence
with a bearing of N.0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022'01" E., along a line lying
34.41 feet North of and parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with a bearing of
S.0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N.89022'01" W., a distance of 95.69 feet to a point;
thence with a bearing of N.0037'59" E., a distance of 110.00 feet
more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
NOTE: That (pursuant to the ordinances of the City of Boynton
Beach, Florida, pertaining to issuance of building permits and
regulating building construction) on May 4, 1993 the above-
described parcels of real property became the subject matter of
that certain Declaration of Unity of Title, dated May 4, 1993, and
recorded on May 4, 1993, in Official Record Book 7692, Pages 417
through 419, inclusive, of the Public Records of Palm Beach County,
Florida.
3
CONDITIONAL USE APPROVAL APPLICATION
I. GENERAL INFORMATION:
a. All property owners located within four hundred (400) feet
surrounding the subject parcel shall be notified.
b. The ownership of all surrounding properties as submitted by
the applicant, shall be reviewed by the City Clerk, who
shall notify the owners by regular mail of the date and
purpose of the public hearing held in conjunction with the
conditional use application.
c. Notice of the public hearing shall also be advertised in a
newspaper published in the City at least ten (10) days in
'. advance of the hearing.
d. At the public hearing held by the Planning and Development
Board, evidence for or against may be presented.
e. The Planning and Development Board may recommend approval,
approval with modification or denial of the application
subject to the standards provided in Ordinance No. 76- 46.
A written report of the Board's findings shall be forwarded
to the City Commission.
f. At a regular meeting, the City Commission may approve,
approve with modification or deny the application subject to
the standards provided in Ordinance No. 76-46.
g. Each ~ application for conditional use approval shall be
accompanied by a fee payable to the City of Boynton Beach as
per the attached fee schedule.
h. Each application for an extension in time of a conditional
use approval shall be accompanied by a fee payable to the
City of Boynton Beach for one hundred and twenty-five ($125)
dollars. Such application shall by submitted to the
Planning Director not less than 45 days prior to the
expiration of the approval.
4
CONTENTS OF THE CONDITIONAL USE APPLICATION
II. CONTENTS OF THE CONDITIONAL USE APPLICATION. Application for
conditional use shall contain two (2) copies of the following
items:
a. Statement of the applicant's interest in the property to be
developed, including a copy of the last recorded Warranty
Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple
title holders of record of the subject property are, and the
nature and extent of their 'interest therein, and
1. If joint and several ownership, a written consent to
the development proposal by all owners of record, or
2. If a contract purchase, a copy of the purchase contract
and written consent of the seller/owner, or
3. If an authorized agent, a copy of the agency agreement
and written consent of the principal/owner, or
4. If a lessee, a copy of the lease agreement and written
consent of the owner, or
5. If a corporation or other business entity, the name of
the officer or person responsible for the application,
and written proof that said representatives have the
delegated authority to represent the corporation or
other business entity, or in lieu thereof, written
proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State
of Florida, showing an accurate legal description of the
subject property, and the total acreage computea to the
nearest one-hundredth (1/100) of an acre (these two surveys
are in addition to the surveys required on page 6 of this
application, Sec. 111.19.).
c. Vicinity map, showing the location of the subject property
in relation to the surrounding street system.
d. Drawing showing the location of all property lying four
hundred feet (400) adjacent to the subject parcel, and a
complete list of the property owners' names, mailing
addresses and legal descriptions. The owners of property
shall be those recorded on the latest official County tax
rolls. Such list shall be accompanied by an affidavit
stating that to the best of the applicant's knowledge, said
list is complete and accurate.
l..AW OFFICES
SCHMIDT Be PHETERSON
PETER H. SCHMIDT
I. JEFFREY PHETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR. SUITE 420
BOCA RATON, Fl..ORIDA 33432.6024
TEl..ECOPIER (561) 394-6775
TELEPHONE (561) 394-2700
BROWARD(954)426-0433
CERTIFICATION
THE UNDERSIGNED, PETER H. SCHMIDT, an attorney-at-law, being a
member in good standing of the Florida Bar, and duly authorized to
practice law in the state of Florida, does hereby certify that the
current fee simple title holder of record, of the entire interest
in that certain parcel of real property described in EXHIBIT A,
which is attached hereto and incorporated by reference, is BARBARA
R. BRADSHAW, a single woman, and as further evidenced by that
certain Warranty Deed, dated July 7, 1993, in favor of BARBARA R.
BRADSHAW, as Grantee therein, a true and correct copy of which is
attached hereto as EXHIBIT B and incorporated herein by reference.
Executed this l!1!-"'day of rtJdab,P/ , 1999.
~~4r~
PETER H. SCHMIDT, Esquire
Florida Bar Number: 337978
EXHIBIT A
PARCEL 1:
A tract of land lying in Government Lot 3 of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S.89022'Ol" E., along the
North line of the aforementioned South 370 feet of Government Lot
3, said line being also the South line of Wilms Way sin as recorded
in Plat Book 23, Page 110, of the Public Records of Palm Beach
County, Florida, a distance of 601.68 feet to a point; thence with
a bearing of N.0037'59" E., a distance of 34.41 feet to a point;
thence with a bearing of S.89022'Ol" E., along a line, lying 34.41
feet North and parallel to the North line of the aforesaid South
370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 124.31 feet to a point; thence
with a bearing of S.0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022'01" W., a distance of 124.31
feet to a point; thence with a bearing of N.0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in government Lot 3, of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370.00 feet of Government
Lot 3, said line being also the South line of Wilms Way sin as
recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said
point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 26.11 feet to a point; thence
with a bearing of N.0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022'01" E., along a line lying
34.41 feet North of and parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with a bearing of
S.0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N.89022'01" W., a distance of 95.69 feet to a point;
thence with a bearing of N.0037'59" E., a distance of 110.00 feet
more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
NOTE: That (pursuant to the ordinances of the City of Boynton
Beach, Florida, pertaining to issuance of building permits and
regulating building construction) on May 4, 1993 the above-
described parcels of real property became the subject matter of
that certain Declaration of Unity of Title, dated May 4, 1993, and
recorded on May 4, 1993, in Official Record Book 7692, Pages 417
through 419, inclusive, of the Public Records of Palm Beach County,
Florida.
EXHIBIT B
Parcel Identificatj -- Number: 43 45 22 00 003 r-- 1
RETU RN TO:
.>ETER H. SCHMIDT. ESQUIRE
GCHMIDT & PHETERSON
400 SOUlH vlXIE HIGHWAY
THE AFiBOI~ SUITE 420
BOCA RATON, FLORIDA 33432
J\l.-Q8-1993 11:56am 93-2130 36
ORB 7788 P9 1039
I 1.1 .11....1..1. . I 1.1 ..1
Con 265,000.00 Doc 1,855.00
WARRANTY DEED
THIS WARRANTY DEED, made this 7th day of July, 1993, by and
between BARBAGARY, INC., a Florida corporation, whose tax
identifi::::c\tion number is 65-0372000, Grantor*, to BARBARA R.
BRADSHAW, a single woman, whose social security number is 382-46-
9805, and whose post office address is Post Office Box 1342,
Boynton Beach, Florida 33435, Grantee*,
*Wherever used herein the terms "Grantor" and
"Grantee" include all the parties to this
instrument and the heirs, legal
representatives, and assigns of indi,iduals,
and the successors and assigls of
corporations.
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND NO/100 ($10.00) DOLLARS ald other good and
valuable consideration to the said Grantor in han i paid by the said
Grantee, the receip.t whereof is hereby acknowledged, has granted,
barqainefl, and sold to the said Grantee, and Grantee's heirs and
assigns ~:orever, the following described land, situate, lying and
being in Palm Beach County, Florida, to-wit:
PAHCEL 1:
A tract of land lying in Government Lot 3
of Section 22, Township 45 S., Range 43 E., in
the Town of Boynton Beach, Palm Beach County,
Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the
South 370 feet of Government Lot 3; thence
with a bearing of S.89022'Ol" E., along the
North line of the aforementioned South 370
feet of Government Lot 3, said line being also
the South line of Wilms Way SID as recorded in
Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of
601.68 feet to a point; thence with a bearing
of N.o037'59" E., a'distance of 34.41 feet to
a point; thence with a bearing of 5.89022'01"
E., along a line, lying 34.41 feet North and
parallel to the North line of the aforesaid
South 370 feet of Government Lot 3, a distance
of 69.58 feet to a point; said point being the
Point of Beginning; thence continue along the
aforementioned course, a distance of 124.31
feet to a point; thence with a bearing of
5.0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022' 01"
W., a distance of 124.31 feet to a point;
thence with a bearing of N.0037'59" E., a
distance of 144.41 feet more or less to the
Point of Beginniilg.
-1-
EXHIBIT B
UldJ - -T I tit.} P9 1 UitU
Containing 0.412 Acres more or less, and
subject to a 35.00 foot wide easement for road
purposes on the South, and subject to other
easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in governmert Lot
3, of section 22, Township 45 5., Range f3 E.,
in the Town of Boynton Beach, Palm Beach
County, Florida, being more partic, larly
described as follows:
COMMENCING at the Northwest corner (If the
South 370.00 feet of Government Lot 3; ~hence
with a bearing of 5.89022'01- E., alon~ the
North line of the aforementioned South 370.00
feet of Government Lot 3, said line bein~J also
the South line of Wilms Way SID as recordl~d in
Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of
575.57 feet to a point, said point being
the Point of Beginning; thence continue .\long
the aforementioned course, a distance of ;. 6.11
feet to a point; thence with a bearing of
N.oo37'59- E., a distance of 34.41 feet to a
point; thence with a bearing of 5.89022' Ol-
E., along a line lying 34.41 feet North of and
parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with
a bearing of 5.0037' 59" W., a distance of
144.41 feet to a point; thence with a bearing
of N.89022'01" W., a distance of 95.69 feet to
a point; thence with a bearing of N.oo37'59-
E., a distance of 110.00 feet more or less to
the Point of neginning.
Containing 0.297 Acres more or less, and
subject to a 35.00 foot wide easement for road
purposes on the South, and subject to other
easements and rights-of-way of record.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:
1. Conditions, agreements, restrictions,
reservations, limitations, covenants, terms,
provisions, and easements, if any, of record;
2. Applicable zoning regulations and ordinances
affecting said real property;
J. Real estate taxes for the year 1993 and
subsequent years; and
4. That certain Mortgage Deed from BARBAGARY,
INC., a Florida corporation, to RICHARD R.
LIMEHOUSE, a single man, dated December 21,
1992, recorded January 6, 1993 in Official
Record Book 7543, Page 517, of the Public
Records of Palm Beach County, Florida.
TOGETHER with all of the tenements, hereditaments, and
appurtenances thereto ~~longing or in anywise appertaining.
TO HAVH AND TO HOLD, the same in fee simple forever.
,
ANn, the Grantor hereby covenants with said Grantee that
Grantor is lawfully seized of said land in fee simple; that Grantor
has goo. \ right and lawful authority to sell and convey said land;
that Gri'ntor hereby fully warrants the title to said land and will
-2-
EXHIBIT B
ORB - 788 P9 1041
RECORD VEil..., lED DOROTHY H WIlKEN
CLERK OF THE COURT - PB COUNTY, FL
defend 'the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
BARBAGARY, INC., a Florida
corporation
(J~-rfcl-Sdtt,d
Name: (J}-f/J7)l1 (4 & ~
Address: ~~ -fO)c r/oUd>if:Buue:
b ~T1J""J ;::::c. 63 'I ,~
~
/I~-' . 1 J/J
'0..... I. /~
By: J '" j / ./:.~((.'! .:(;}t,' Ci/Jt~~J
BARBARA R. BRADSHAW, President
NaJne: I~ II. S::.Htu lOr-
Address: ({DO ~V7}-l- ~.KIE tJ6~/J1
~ XP t~T7;),..J. H :3 3l(.1 ~
ST,\TE OF FLORIDA
55.
CO~NTY OF PALM BEACH
This instrument was acknowledged before
July, 1993, by BARBARA R. BRADSHAW, President
who is personally known to me and who did not
Large
My
Commission Expires:
Noli:I'V puLlic... Slatl! o. Florid,'
My Commissif;n fapjrcs Dtc. 20; ~993,
.....d... IllnI T.,\,.I~ ..,.....__ hie. .,' .:
. ...., bl'~. ;r; ~'!'." h ., .
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j HIS INSTP.UME:I"
PE'1'E~ 1-,' r-CH: T J:-R"=Pl\iit:D [:v:.
.... ..., ,"'IOT: ""'SQ' .
SCHMIDT~'" -' "" ..II~~
400 "PH~TERGON
SOUTH DIXIE HIGH\'IAY
t:>cA SUITE 420
R1\'lON. FLORIOA 3343a
-3-
5
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall
be submitted. All drawings shall be scaled and the maximum size
sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately
submitted. Incomplete site plans will not be processed.
(check)
x
1.
Boundaries and dimensions of the parcel.
x
2 .
Scale, graphic scale, north arrow, and date.
N/A
N/A
3 .
Adjacent properties or land uses.
4.
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.
X 5. Location of all proposed structures, and any existing
structures that are to remain on the site.
X 6. Setbacks of all structures (over 3 ft. in height) from
property lines.
X 7. Use of each structure, indicated on the site plan.
X 8. Number of efficiency, 1-bedroom, 2 bedroom, etc.,
dwelling units in each residential structure, to be
indicated on site plan.
X 9. Indication of height and number of stories. of each
structure.
X 10. Indication of structures, equipment, etc., above 45
foot height, including height in excess of 45 ft.
X 11. Floor plans or typical floor plans for all structures.
X 12. Finish floor elevations of all structure.
X 13. Uses within each structure, indicated on floor plans.
X 14. Elevations or typical elevations of all structuresj
including materials, surfaces, including roofs.
X 15. Indication of the numbers and types of recreational
facilities to be provided for residential developments.
X 16. Indication on site plan of location, orientation, and
height of all freestanding signs and wall signs.
X 17. Location of walls and fences, and indication of their
height, materials, and color.
N/A 18. A landscape plan, showing conformance with the
Landscape Code and Tree Preservation Code, and showing
adequate watering facilities. Plants must be keyed out
according to species, size and quantity.
X 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, existing 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
N/A
N/A
N/A
N/A
x
N/A
x
6
locations of existing trees and shrubs, including
common and botanical names, and indication as to which
are to be retained, removed, and 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.
21. Location of additional fire hydrants, to meet standards
set forth in Article X, Section 16 of the Subdivision
and Platting Regulations.
.22. Fire flow calculations justifying line size for both
on/off site water lines.
23. Sealed engineering drawings for proposed utilities, as
per City specifications.
24. Information regarding form of ownership (condominium,
fee simple, lease, etc.).
25. 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 shall 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 proposed for that
are to continued will require an application for
variance to the Parking Lot Regulations.
a.
Location of all parking and loading facilities.
b.
A parking lot layout plan, including curbs, car
stops, and double striping.
c.
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
include the location of lighting standards,
direction of lighting, fixture types, lamp types
and sizes, and average illumination level(s) in
footcandles.
e.
Information showing conformance with the City
Street and Sidewalk Ordinance, including
construction of sidewalks along adjacent
public streets.
Location of existing and proposed public and
private streets, including ultimate rights-
of-way.
f.
g.
On-site traffic plan, including arrows and other
pavement markings, traffic signs, and stop signs
at exits.
7
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 area; 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 dra.inage plans and calculations
must be prepared by an engineer registered in
the State of Florida, and must be sealed.
percolation tests must by provided with drainage
calculations.
j. Existing elevations on adjacent properties, and on
adjacent rights-of-way.
N/A
27.
Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmentally
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Management (copy to City) prior to or concurrent
with the submittal of the site plan to the City.
N/A
28.
Submit a traffic impact analysis for the proposed
use. The analysis shall comply with the Palm Beach
County Traffic Performance Standards Ordinance.
Six (6) copies of the analysis shall be submitted
with all conditional use applications.
NQTE: Failure to submit traffic impact analysis in the manner
described above may delay approval of the site plan application.
X 29. In addition to the above requirements, the following
items shall be submitted to the Planning Department llQ
later than the site plan deadline:
a.
One copy of colored elevations for all buildings
and signage to be constructed on site. These
elevations must be must be of all sides of each
type of building and signage proposed and the
colors proposed must be accompanied by a numerical
code from an established chart of colors.
Elevations must also include information related
to building materials. All elevations must be
submitted on 2411 x 3611 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.
N/A
b. A transparency of the site plan (maximum size of
8-1/211 xlIII). At the discretion of the
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
Development Board or City Commission.
c. Colored photographs of surrounding buildings
(minimum size 811 x 1011) .
N/A 30. Any other engineering and/or technical data, as may be
required by the Technical Review Committee to determine
8
compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the
Technical Review Committee, if such information is
deemed to be non-essential by the Committee.
IV. SITE DATA
9
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1. Land Use Category shown in
the Comprehensive Plan
2. Zoning District
3.
Area of Site
0111
~ . acres
4. Land Use -- Acreage Breakdown
a.
. Residential, including
surrounding lot area or
grounds
(9. =f-(
.Jo/r
b. Recreation Areas *
(excluding water area)
c. Water Area
d. Commercial
e. Industrial
f. Public/Institutional
g. Public, Private, and
Canal Rights-of-Way
h. Other (specify)
sq. ft.
acres
100 % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
i.
acres
% of site
Other (specify)
j.
Total area of Site
6,+1
:-2-9-1-
acres
100
% of site
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
Other Impervious Areas, including
paved area of public & private
streets, pave area of parking lots
& driveways (excluding landscaped areas)
and sidewalks, patios, decks, and
athletic courts. sq. ft.
5. Surface Cover
a.
Ground Floor Building
Area ~"building footprint")
b.
Water Area
c.
sq. ft.
% of site
sq. ft.
% of site
% of site
d.
Total Impervious Area
e.
Landscaped Area Inside of
Parking Lots (20 sw. ft.
per interior parking space
required--see Sec. 7.5-35(g)
of Landscape Code
f .
Other Landscaped Areas,
excluding Water Area
sq. ft.
% of site
sq. ft.
% of site
sq. ft.
% of site
10
g. Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas sq. ft. % of site
h. Total Pervious Areas sq. ft. % of site
i. Total Area of Site sq. ft. 100 % of site
6. Floor Area
a. Residential sq. ft.
b. Commercial/Office sq. ft.
c. Industrial/Warehouse sq. ft.
d. Recreational sq. ft.
e. PublicI
Institutional sq. ft.
f. Other (specify) sq. ft.
g.
Other (specify)
sq. ft.
8.
Gross Density
Dwelling Units per Acre
9 .
Maximum Height of Structures on Site
feet
stories
10. ReQuired Off-Street Parking
a. Calculation of Required
Number of Off-Street
Parking Space~
~~)ll/
b.
Off-Street Parking Spaces
Provided on Site Plan
~U /-t-~ )
TE )
r~
11
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby
acknowledge, represent and agree that all plans, specifications,
drawings, engineering, and other data submitted with this application
for review by the City of Boynton Beach shall be reviewed by the various
boards, commissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton Beach, and any such party
reviewing the same shall rely upon the accuracy thereof, and any change
in any item submitted shall be deemed material and substantial.
The undersigned hereby agrees that all plans, specifications,
drawings, engineering and other data which may be approved by the City
of Boynton Beach, or its boards, commissions, staff or designees shall
be constructed in strict compliance with the form in which they are
approved, and any change to the same shall be deemed material and shall
place the applicant in violation of this application and all approvals
and permits which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances of
the City of Boynton Beach to bring any violation into compliance, and
the applicant shall indemnify, reimburse and save the City of Boynton
Beach harmless from any cost, expense, claim, liability or any action
which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this Iq+~ day of October
, 1999
~'U'C- ~~~
~ss G~NISON_
~ . ..V/1f/~
Witness PETER H. SCHMIDT
. d ! -/<6.
~~ " n:d~
Appl~cantBARBARA R. BRADSHAW
12
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach after August 1,
1985 shall be accompanied by mailing labels with the names and addresses
of all property owners within four hundred (400) feet of the subject
property. Applications will not be accepted without these mailing
labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
13
A F F I D A V I T
STATE OF FLORIDA
ss.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED
BARBARA R.
BRADSHAW
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best of
her his knowledge, a complete and accurate list of all property
owners, mailing addresses and legal descriptions as recorded
in the latest official tax rolls in the County Courthouse for
all property with Four Hundred (400) feet of the below
described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me this
d; . '/f~
~. .
..: .'..' A
. .
. ,
, ,
, / /
/ / ~ J
> J/~,;..t-tt1... ~. ~
(Signature)
/9f-^,
day of
A.D., 1999
i
/
t
tary Publi
tate of Flor'
[:~~
My Commission Expires:
EXHIBIT A
PARCEL 1:
A tract of land lying in Government Lot 3 of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370 feet of Government Lot
3, said line being also the South line of Wilms Way SiD as recorded
in Plat Book 23, Page 110, of the Public Records of Palm Beach
County, Florida, a distance of 601.68 feet to a point; thence with
a bearing of N. 0037'59" E., a distance of 34.41 feet to a point;
thence with a bearing of S.89022'01" E., along a line, lying 34.41
feet North and parallel to the North line of the aforesaid South
370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Be~inning; thence continue along the
aforementioned course, a distance of 124.31 feet to a point; thence
with a bearing of S.0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022'01" W., a distance of 124.31
feet to a point; thence with a bearing of N.0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in government Lot 3, of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370.00 feet of Government
Lot 3, said line being also the South line of Wilms Way SiD as
recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said
point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 26.11 feet to a point; thence
with a bearing of N.0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022'01" E., along a line lying
34.41 feet North of and parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with a bearing of
S.0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N.89022'01" W., a distance of 95.69 feet to a point;
thence with a bearing of N.0037'59" E., a distance of 11b.00 feet
more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
NOTE: That (pursuant to the ordinances of the City of Boynton
Beach, Florida, pertaining to issuance of building permits and
regulating building construction) on May 4, 1993 the above-
described parcels of real property became the subject matter of
that certain Declaration of Unity of Title, dated May 4, 1993, and
recorded on May 4, 1993, in Official Record Book 7692, Pages 417
through 419, inclusive, of the Public Records of Palm Beach County,
Florida.
14
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after June I,
1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water,
sanitary sewer, drainage, solid waste, recreation, park, and road
facilities) would be available to serve the project, consistent with
the levels of service which are adopted in the City's Comprehensive
Plan:
Buil~ing permit applications for the construction of improvements
which, in and by themselves, would create demand for public
facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
Any other application which, in and by itself, would. establish
the density or intensity of use of land, or a maximum density or
intensity of use of land.
* Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
Please be advised, however, that the following applications will be
exempt from the Concurrency Management Ordinance, pending final
approval of this ordinance by the City Commission:
Applications for the development of property which was platted on
or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more than
500 net vehicle trips per day.
Applications for building permit, if a site plan or conditional
use application was submitted prior to June I, 1990 and
subsequently approved and the site plan or conditional use has
not expired.
15
Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
Applications for approval of final plats, if the preliminary plat
dUd application for Palm Beach county Health Department permits
for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development
orders or permits, which do not incre~se the demand for any
public facility.
Please be advised that these exemption rules are tentative and will be
subject to final approval by the City Commission. If you have any
questions 'concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning Department at
(561) 375-6260.
S:\PLANNING\SHAREO\WP\FORMS\APPS\COUS\COUSAPP.WPO
April. 1997
APPENDIX A-ZONING
Sec. 11.2
D. STANDARDS FOR EVALUATING CONDmONAL USES.
The planning and zoning board and city comml..lon shall con-
sider only such conditional uses as are authorized under the
term. of these zoning regulatione and, in connection therewith,
may grant conditional use8 absolutely or conditioned upon the
faithful adherence to and fulfillment of 8uch reatrlctlons and
conditione Including, but not limited to,the dedication of prop-
erty for streeta, alleYl, recreatloD .pace and lidewalb, u ahall
be determined necelsary for the protection of the lurroundinl
area and the elUzena' leneral welfare, or deny conditional uaea
when not In harmony with the Intent and purpose of this section.
In evaluating an application for conditional use, the board and
commiuion shall conlider the effect of the proposed U88 on the
general health, wety and welfare of the community and make
written Ondlngs certifying that latlsfactory provision has been
made concerning the following standards, where applicable:
1. Ingress and elre81 to the 8ubject property and
proposed atructurea thereon, with particular reference
to automobile and pede.trian aafety .and conven-
Ience, traffic now and control, and Bccen In cue of
fire or cataatrophe.
2. Off-atreet parklnl and loading areas where required,
with particular attention to the items in aubsection
D.l. above, and the economte. Ilare, noise, and odor
effects the conditional use will have on adjacent and
nearby propertlea, and the city as a whole.
3. Refuse and aervice area8, with particular reference to
the Items in subaection 0.1. and 0.2. above.
4. Utilities, with reference to locatlona, availabillty, anll
compatlblllty.
5. Screenine, buffering and landlcaplne with reference to
type, dimensions, and character.
6. Signs, and propoaed exterior lighting, with reference to
glare, traffic safety, economic effect, and compatibility
and harmony with adjacent and nearby properties.
7. Required setbacks dnd other open spaces.
8. General compatibility with adjacent. propertiee. and
other propetty in the zoninl district.
9. Height of buildinga and structures, with reference to
compatlbillty and harmony La adjacent and nearby
properties, and the city aa a whole.
10. Economic etrecta on _&\Iacent and nearby propertlel, and
the city as a whole.
11. Conformance to the standarde and requlrementl ,hleh
apply to site plana, as set forth In Chapter 19, Article II or
the City of Boynton Beach Code or Ordlnancel.
12. Compliance with, and abatement of nuisances and hazards
In accordance with the perfOrDl8&lCe standarde section 4 of
the zoning regulatlonl; a)so, confor aoance to the City of
Boynton Beach Noise Control Ordinance.
BARBARA R. BRADSHAW
658 Manor Drive
Boynton Beach, Florida 33435
October 19, 1999
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Conditional Use Application
Gentlemen:
This letter will serve as notice that I have designated Peter
H. Schmidt, Esquire, of the law firm of Schmidt & Pheterson, as my
agent relative to my Conditional Use Application to the Planning
and Zoning Board for the Conditional Use (of a parcel of real
property owned by me) as a Bed and Breakfast, pursuant to Ordinance
Number 098-42 passed by the City of Boynton Beach, Florida on
December 1, 1998.
Sincerely,
~ # ~1
\ 4.,,;/ I , t r,(..
,;;J./k/A ~~__-uJ
BARBARA R. BRADSHAW
STATE OF FLORIDA
COUNTY OF PALM BEACH
//J,jThe foregoing instrument was acknowledged before me this
~day of October, 1999, by BARBARA R. BRADSHAW, who did not
take an oath and who:
~tary must check applicable box)
~ is personally known to me.
o produced current Florida driver's license as
identification.
o produced as identification.
/..------',-,
Nam :
N ary Pub~ic,
State of Florida at Large
My Commission Expires:
JIANNB D NEWMAN
NOI'ARYPUBUC Sl'AT1i ar R.aUDA
CONNESIoN M>. caMIZ1
MY~NEXP.SEPr2t.2OO1
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Department
the following plans and exhibits in the number of copies
specified by the Planning and Zoning gepartment, together with a
Site Plan Review application and a fee adopted by resolution by
the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existinq sit~ characteristics m~: A sealed survey, not
older than six months, showing all adjacent streets, alleys and
driveways, and also illustrating:
1. Existing natural features, including but not
limited to lakes, trees and other vegetation and
soils and topography.
2. Existing buildings, building elevations, other
structures, including use, height, dimensions and
setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished
floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed
buildings and other structures, and any existing
buildings and structures which are to be retained,
including use, height, dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and
sidewalks, including location, dimensions and
,
setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location,
dimensions, setbacks, height and material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
c. Landscape plan:
1. A separate scaled drawing (at the same scale as
the site development plan) prepared as required by
state law clearly illustrating proposed trees,
shrubs, grass and
2. Proposed berms, watercourses and other topographic
features.
3. A notation on method of irrigation.
D. Architectural plan:
1. A scaled drawing clearly illustrating proposed
building floor plan and elevations, including
height, exterior dimensions, exterior color and
materials.
2. A colored elevation drawing (not mounted) showing
all elevations of the puilding. (This submittal
can be waived by the Planning and Zoning Director
when not applicable.)
E. Tabular Snmmary Containing:
1. Total gross project area by acreage and square
footage and net buildable land area in acres and
square feet.
2. Total number of proposed residential units,
including characteristics by number of bedrooms
and bathrooms and gross square footage of each
typical unit.
3. Proposed nonresidential floor type of use and
total gross square footage.
4. Square footage and percentage distribution of the
total project site, including areas proposed for
landscaped open space, vehicular use areas, other
paved areas, and building coverage and total
coverage.
5. Number and ratio of required and provided off-
street parking spaces and number of loading
spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. Drainage plan:
1. A separate scaled drawing (at the same scale as
the site development plan) showing elevations,
flow arrows, proposed drainage structures,
proposed treatment facilities, etc.
2. An engineer's certiciation in writing that
drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter
6, Aricle IV, Section 5 of these Land Development
Regulations.
BARBARA R. BRADSHAW
658 Manor Drive
Boynton Beach, Florida 33435
October 19, 1999
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Conditional Use Application
Gentlemen:
This letter will serve as notice that I have designated Peter
H. Schmidt, Esquire, of the law firm of Schmidt & Pheterson, as my
agent relative to my Conditional Use Application to the Planning
and Zoning Board for the Conditional Use (of a parcel of real
property owned by me) as a Bed and Breakfast, pursuant to Ordinance
Number 098 -42 passed by the City of Boynton Beach, Florida on
December I, 1998.
Sincerely,
~~ ~~ ~~
/~L ,/A" Ud~~J
BARBARA R. BRADSHAW
STATE OF FLORIDA
COUNTY OF PALM BEACH
J~/j The foregoing instrument was acknowledged before me this
~day of October, 1999, by BARBARA R. BRADSHAW, who did not
take an oath and who:
~otary must check applicable box}
~ is personally known to me.
o produced current Florida driver'S license as
identification.
q produced
,/\
! \
\
\
\
i Na
Nary Public,
State of Florida at Large
My Commission Expires:
JIANNI D NIWMAN
NOI'ARYPOIUC Sl'ATlOP JILORIDA
COMMISSION M). <::aNIZI
MY COMMISSION EXP. SIP'J' 3.211n
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE
AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET
OF THE APPLICANT'S PROPERTY.
~(/{~
APPLICANT/AGENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this Ir~~
day of October, 1999, by Peter H. Schmidt, who did not take an oath
and who:
(Notary must check applicable box)
~ is personally known to me.
o produced current Florida driver's license as
identification.
o
produced
as identification.
My Commission Expires:
JIANNI D NEWMAN
NOI'ARYPU8UC Sl'ATEar JILOIIDA
OOMMEISJON NO. CDI4OZ1
MY COMMISSION EXP. SEPI' 29
APPLICATION ACCEPTANCE DATE:
..
RECEIVED BY
FEE pAID: 1) Cf:'(.)) 0
RECEIPT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and
must accompany all applications submitted to the Planning
Department. (2 copies of application required)
PROJECT NAME: Barbara R. Bradshaw/Park Shore Manor
AGENT'S NAME: Peter H. Schmidt, Esquire
ADDRESS: 400 South Dixie Highway, Suite 420
Boca Raton, Florida 33432
(zit! code)
PHONE: (561) 394-2700 FAX: (561 ) 394-67 5
OWNER'S NAME:
(or trustee)
ADDRESS:
Barbara R. Bradshaw
658 Manor Drive
PHONE:
(561) 734-9142
FAX: None
33435
(zip code)
Boynton Beach, Florida
PROJECT
LOCATION: 658 Manor Drive, Boynton Beach, Florida 33435
(UQt legal description)
CORRESPONDENCE ADDRESS:*
(if different than
agent or owner)
Same as Agent
* This is the address to which all agendas, letters and other
materials will be forwarded.
..
2
Fee
File No.
CONDITIONAL USE APPLICATION
Date Submitted:
October 19. 1999
Applicant Name:
Applicant Address:
Barbara R. Bradshaw
Boynton Beach, Florida
PHONE:
(561) 734-9142
Fax:
(zip code)
None
Site Address: 658 Manor Drive, Boynton Beach, Florida 33435
Legal Description: See Attached Legal Description
Project Description: Conversion of FIVE (5) rental apartments
to a conditional use as a Bed and Breakfast establishment pursuant
to Ordinance No. 098-42 passed by the City of Boynton Beach.
Florida on December 1. 1998.
;(juJ4Ao;f ~~~
S1gnature of OWNER
BARBARA R. BRADSHAW
~.
The OWNER has hereby
designated the above
signed person to act as
herfiis agent in regard to
this petition. (To be
executed when Owner
designates another to act
on h:b!- behalf. )
her
PARCEL 1:
A tract of land lying in Government Lot 3 of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370 feet of Government Lot
3, said l~ne being also the South line of Wilms Way SiD as recorded
in Plat Book 23, Page 110, of the Public Records of Palm Beach
County, Florida, a distance of 601.68 feet to a point; thence with
a bearing of N.0037'59" E., a distance of 34.41 feet to a point;
thence with a bearing of S.89022'01" E., along a line, lying 34.41
feet North and parallel to the North line of the aforesaid South
370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 124.31 feet to a point; thence
with a bearing of S.0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022'Ol" W., a distance of 124.31
feet to a point; thence with a bearing of N.0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in government Lot 3, of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370.00 feet of Government
Lot 3, said line being also the South line of Wilms Way SiD as
recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said
point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 26.11 feet to a point; thence
wi th a bearing of N. 0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022'01" E., along a line lying
34.41 feet North of and parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with a bearing of
S.0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N. 89022'01" W., a distance of 95.69 feet to a point;
thence with a bearing of N. 0037'59" E., a distance of 110.00 feet
more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
NOTE: That (pursuant to the ordinances of the City of Boynton
Beach, Florida, pertaining to issuance of building permits and
regulating building construction) on May 4, 1993 the above-
described parcels of real property became the subject matter of
that certain Declaration of Unity of Title, dated May 4, 1993, and
recorded on May 4, 1993, in Official Record Book 7692, Pages 417
through 419, inclusive, of the Public Records of Palm Beach County,
Florida.
3
CONDITIONAL USE APPROVAL APPLICATION
I. GENERAL INFORMATION:
a. All property owners located within four hundred (400) feet
surrounding the subject parcel shall be notified.
b. The ownership of all surrounding properties as submitted by
the applicant, shall be reviewed by the City Clerk, who
shall notify the owners by regular mail of the date and
purpose of the public hearing held in conjunction with the
conditional use application.
c. Notice of the public hearing shall also be advertised in a
newspaper published in the City at least ten (10) days in
"advance of the hearing.
d. At the public hearing held by the Planning and Development
Board, evidence for or against may be presented.
e. The Planning and Development Board may recommend approval,
approval with modification or denial of the application
subject to the standards provided in Ordinance No. 76- 46.
A written report of the Board's findings shall be forwarded
to the City Commission.
f. At a regular meeting, the City Commission may approve,
approve with modification or deny the application subject to
the standards provided in Ordinance No. 76-46.
g. Each ~ application for conditional use approval shall be
accompanied by a fee payable to the City of Boynton Beach as
per the attached fee schedule.
h. Each application for an extension in time of a conditional
use approval shall be accompanied by a fee payable to the
City of Boynton Beach for one hundred and twenty-five ($125)
dollars. Such application shall by submitted to the
Planning Director not less than 45 days prior to the
expiration of the approval.
4
CONTENTS OF THE CONDITIONAL USE APPLICATION
II. CONTENTS OF THE CONDITIONAL USE APPLICATION. Application for
conditional use shall contain two (2) copies of the following
items:
a. Statement of the applicant's interest in the property to be
developed, including a copy of the last recorded Warranty
Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple
title holders of record of the subject property are, and the
nature and extent of their interest therein, and
1. If joint and several ownership, a written consent to
the development proposal by all owners of record, or
2. If a contract purchase, a copy of the purchase contract
and written consent of the seller/owner, or
3. If an authorized agent, a copy of the agency agreement
and written consent of the principal/owner, or
4. If a lessee, a copy of the lease agreement and written
consent of the owner, or
5. If a corporation or other business entity, the name of
the officer or person responsible for the application,
and written proof that said representatives have the
delegated authority to represent the corporation or
other business entity, or in lieu thereof, written
proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State
of Florida, showing an accurate legal description of the
subject property, and the total acreage computea to the
nearest one-hundredth (1/100) of an acre (these two surveys
are in addition to the surveys required on page 6 of this
application, Sec. 111.19.).
c. Vicinity map, showing the location of the subject property
in relation to the surrounding street system.
d. Drawing showing the location of all property lying four
hundred feet (400) adjacent to the subject parcel, and a
complete list of the property owners' names, mailing
addresses and legal descriptions. The owners of property
shall be those recorded on the latest official County tax
rolls. Such list shall be accompanied by an affidavit
stating that to the best of the applicant's knowledge, said
list 1s complete and accurate.
LAW OFFICES
SCHMIDT & PHETERSON
PETER H. SCHMIDT
I. .JEFFREY PHETERSON
400 SOUTH DIXIE HIGHWAY
THE ARBOR' SUITE 420
BOCA RATON, FLORIDA 33432,6024
TELECOPIER (561) 394-6775
TELEPHONE (561l 394-2700
BROWARD(954)428-0433
CERTIFICATION
THE UNDERSIGNED, PETER H. SCHMIDT, an attorney-at-law, being a
member in good standing of the Florida Bar, and duly authorized to
practice law in the state of Florida, does hereby certify that the
current fee simple title holder of record, of the entire interest
in that certain parcel of real property described in EXHIBIT A,
which is attached hereto and incorporated by reference, is BARBARA
R. BRADSHAW, a single woman, and as further evidenced by that
certain Warranty Deed, dated July 7, 1993, in favor of BARBARA R.
BRADSHAW, as Grantee therein, a true and correct copy of which is
attached hereto as EXHIBIT B and incorporated herein by reference.
/9-1 "" I
Executed this 'day of 0~~6'~~
, 1999.
~~4nt
PETER H. SCHMIDT, Esquire
Florida Bar Number: 337978
EXHIBIT A
PARCEL 1:
A tract of land lying in Government Lot 3 of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S.89022'Ol" E., along the
North line of the aforementioned South 370 feet of Government Lot
3, said line being also the South line of Wilms Way SID as recorded
in Plat Book 23, Page 110, of the Public Records of Palm Beach
County, Florida, a distance of 601.68 feet to a point; thence with
a bearing of N.0037'59" E., a distance of 34.41 feet to a point;
thence with a bearing of S.89022'Ol" E., along a line, lying 34.41
feet North and parallel to the North line of the aforesaid South
370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 124.31 feet to a point; thence
with a bearing of S. 0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022'Ol" W., a distance of 124.31
feet to a point; thence with a bearing of N.0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in government Lot 3, of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S.89022'Ol" E., along the
North line of the aforementioned South 370.00 feet of Government
Lot 3, said line being also the South line of Wilms Way SID as
recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said
point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 26.11 feet to a point; thence
with a bearing of N.0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022'Ol" E., along a line lying
34.41 feet North of and parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with a bearing of
S.0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N.89022'Ol" W., a distance of 95.69 feet to a point;
thence with a bearing of N.0037'59" E., a distance of 110.00 feet
more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
NOTE: That (pursuant to the ordinances of the City of Boynton
Beach, Florida, pertaining to issuance of building permits and
regulating building construction) on May 4, 1993 the above-
described parcels of real property became the subject matter of
that certain Declaration of Unity of Title, dated May 4, 1993, and
recorded on May 4, 1993, in Official Record Book 7692, Pages 417
through 419, inclusive, of the Public Records of Palm Beach County,
Florida.
Parcel Identificati
EXHIBIT B
Number: 43 45 22 00 003 C ~
RETU RN TO:
.>ETER H. ~CHMIOT. ESQUIRE
GCHMIDT & PHETERSON
400 SOUTH C1IXIE HIGHWAY
THE ARBOI~ SUITE 420
BOCA RATON, FLORIDA 33432
JUl.-08-1993 11:56am 93-2130 36
ORB 7788 P9 1039
I 1.1 .111...11.1. I 1..1 ..1
Con 265,000.00 Doc 1,855.00
WARRANTY DEED
THIS WARRANTY DEED, made this 7th day of July, 1993, by and
between BARBAGARY, INC., a Florida corporation, whose tax
identifi~Cttion number is 65-0372000, Grantor*, to BARBARA R.
BRADSHAW, a single woman, whose social security number is 382-46-
9805, and whose post office address is Post Office Box 1342,
Boynton Beach, Florida 33435, Grantee*,
*Wherever u~ed herein the terms "Grantor" and
"Grantee" include all the parties to this
instrument and the heirs, legal
representatives, and assigns of indi\iduals,
and the successors and assigls of
corporations.
WITNESSETH: That the said Grantor, for and in consideration
of the sum of TEN AND NO/IOO ($10.00) DOLLARS ald other good and
valuable consideration to the said Grantor in han i paid by the said
Grantee, the receipt whereof is hereby acknowledged, has granted,
bar'Jaine,l, and sold to the said Grantee, and Grantee's heirs and
assigns ::orever, the following described land, situate, lying and
being in Palm Beach County, Florida, to-wit:
PAHCEL 1:
A trilct of land lying in Government Lot 3
of Section 22, Township 45 S., Range 43 E., in
the Town of Boynton Beach, Palm Beach County,
Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the
South 370 feet of Government Lot 3; thence
with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370
feet of Government Lot 3, said line being also
the South line of Wilms Way Sin as recorded in
Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of
601.68 feet to a point; thence with a bearing
of N.0037'59" E., a'distance of 34.41 feet to
a point; thence with a bearing of S.89022'01"
E., along a line, lying 34.41 feet North and
parallel to the North line of the aforesaid
South 370 feet of Government Lot 3, a distance
of 69.58 fe'et to a point; said point being the
Point of Beginning; thence continue along th~
aforementioned course, a distance of 124.31
feet to a point; thence with a bearing of
5.0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022' 01"
W., a distance of 124.31 feet to a point;
thence with a bearing of N.0037'59" E., a
distance of 144.41 feet more or less to the
Point of Beginning.
-1-
EXHIBIT B
OhU-- 7 I tit} P9 1 U.ltU
Containing 0.412 Acres more or less, and
subject to a 35.00 foot wide easement for road
purposes on the South, and subject to other
easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in governmert Lot
3, of Section 22, Township 45 S., Range 'r,3 E.,
in the Town of Boynton Beach, Palm Beach
County, Florida, being more particl larly
described as follows:
COMMENCING at the Northwest corner of the
South 370.00 feet of Government Lot 3; ~hence
with a bearing of S.89022'0Iw E., alonl the
North line of the aforementioned South 370.00
feet of Government Lot 3, said line beinq also
the South line of wilms Way SID as recordl~d in
Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of
575.57 feet to a point, said point l)eing
the Point of Beginning; thence continue illong
the aforementioned course, a distance of :. 6. 11
feet to a point; thence with a bearing of
N.oo37'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022' 01"
E., along a line lying 34.41 feet North of and
parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with
a bearing of S.0037'59" W., a distance of
144.41 feet to a point; thence with a bearing
of N.89022'OI" WI' a distance of 95.69 feet to
a point; thence with a bearing of N.0037'59w
E., a distance of 110.00 feet more or le3s to
the Point of Deginning.
Containing 0.297 Acres more or less, and
subject to a 35.00 foot wide easement for road
purposes on the South, and subject to other
easements and rights-of-way of record.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING:
1. Conditions, agreements, restrictions,
reservations, limitations, covenants, terms,
provisions, and easements, if any, of record;
2. Applicable zoning regulations and ordinances
affecting said real property;
3. Real estate taxes for the year 1993 and
subsequent years; and
4. That certain Mortgage Deed from BARBAGARY,
INC., a Florida corporation, to RICHARD R.
LIMEHOUSE, a single man, dated December 21,
1992, recorded January 6, 1993 in Official
Record Book 7543, Page 517, of the Public
Records of Palm Beach County, Florida.
TOGETHER with all of the tenements, hereditaments, and
appurtenances thereto ~~longing or in anywise appertaining.
TO HAVg AND TO HOLD, the same in fee simple forever.
I
AND, the Grantor hereby covenants with said Grantee that
Grantor is lawfully seized of said land in fee simple; that Grantor
has goo.\ right and lawful authority to sell and convey said land;
tha~ Gri'ntor hereby fully warrants the title to said land and will
-2-
EXHIBIT B
ORB ?788 P9 1041
RECORD 'kh~FIED DOROTHY H WILKEN
CLERK OF THE COURT - PB COUNTY, FL
defend 'the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
BARBAGARY, INC., a Florida
corporation
{}n Y-/lcl-S fh~
Name: (}~1J1")f. (4 ~7 ~
Address:~,fJ fu)c rIoU<f)if~~
~ ~T1)""J ~ :3-3i"~
~
/" J 1 .F,f '-?
, ... jl.~~ /. -'" _A~ . /...."'.J _
By: (/f'~/h?,t.,(: ^ .,Ch?CI.(1~~~1
BARBARA R. BRADSHAW, President
Name: I~ II. SJ.tru lOr-
Address: ({OO ~lJ7}-J-- ~.KtE f/,6~1I1
/!! XP tt:>T7:>N. k :3 3'1.1 ~
ST,\TE OF FLORIDA
55.
CO'JNTY OF PALM BEACH
This instrument was acknowledged before
July, 1993, by BARBARA R. BRADSHAW, President
who is personally known to me and who did not
Name:
My
Commission Expires:
N'1ltlY puLli(... Stlle! of Rorid,
My (ommlssjc;n !a(ijrcs Dec. 20; 1993.
""'dect llv. too,Lhloi ''In,...~ hie. ' .' .
" Ul't. r; '!', . };
,....~t$,f1..-:'O ,...,
. .'.:""
. i i,~~~'1STF:UMe:l'!T r--R::.:PN..",D l~y
...... , ER.., "'CH'" '''''~ <. ;
<':,... ..... .:.IOT. ESQt."-'r::
......HMIOT Be F'Hl!"''''''''''''''Nt\
40Q SOU ' _n~....,
TH Ol.'(IE IiIGHl-'1AY
t.:>cA SUITE 420
W\'lON. FLORIDA 3343a
-3-
5
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall
be submitted. All drawings shall be scaled and the maximum size
sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately
submitted. Incomplete site plans will not be processed.
(check)
x
1.
Boundaries and dimensions of the parcel.
x
2 .
Scale, graphic scale, north arrow, and date.
N/A
N/A
3 .
Adjacent properties or land uses.
4 .
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.
X 5. Location of all proposed structures, and any existing
structures that are to remain on the site.
X 6. Setbacks of all structures (over 3 ft. in height) from
property lines.
X 7. Use of each structure, indicated on the site plan.
X 8. Number of efficiency, I-bedroom, 2 bedroom, etc.,
dwelling units in each residential structure, to be
indicated on site plan.
X 9. Indication of height and number of stories' of each
structure.
X 10. Indication of structures, equipment, etc., above 45
foot height, including height in excess of 45 ft.
X 11. Floor plans or typical floor plans for all structures.
X 12. Finish floor elevations of all structure.
X 13. Uses within each structure, indicated on floor plans.
X 14. Elevations or typical elevations of all structures;
including materials, surfaces, including roofs.
X 15. Indication of the numbers and types of recreational
facilities to be provided for residential developments.
X 16. Indication on site plan of location, orientation, and
height of all freestanding signs and wall signs.
X 17. Location of walls and fences, and indication of their
height, materials, and color.
N/A 18. A landscape plan, showing conformance with the
Landscape Code and Tree Preservation Code, and showing
adequate watering facilities. Plants must be keyed out
according to species, size and quantity.
X 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, existing 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
N/A
N/A
N/A
N/A
x
N/A
x
6
locations of existing trees and shrubs, including
common and botanical names, and indication as to which
are to be retained, removed, and 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.
21. Location of additional fire hydrants, to meet standards
set forth in Article X, Section 16 of the Subdivision
and Platting Regulations.
.22. Fire flow calculations justifying line size for both
on/off site water lines.
23. Sealed engineering drawings for proposed utilities, as
per City specifications.
24. Information regarding form of ownership (condominium,
fee simple, lease, etc.).
25. 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 (la' x 10') concrete slab shall 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 proposed for that
are to continued will require an application for
variance to the Parking Lot Regulations.
a.
Location of all parking and loading facilities.
b.
A parking lot layout plan, including curbs, car
stops, and double striping.
c.
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
include the location of lighting standards,
direction of lighting, fixture types, lamp types
and sizes, and average illumination level(s) in
footcandles.
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.
7
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 area; 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 dra~nage plans and calculations
must be prepared by an engineer registered in
the State of Florida, and must be sealed.
Percolation tests must by provided with drainage
calculations.
j. Existing elevations on adjacent properties, and on
adjacent rights-of-way.
N/A
27.
Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmentally
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Management (copy to City) prior to or concurrent
with the submittal of the site plan to the City.
N/A
28.
Submit a traffic impact analysis for the proposed
use. The analysis shall comply with the Palm Beach
County Traffic Performance Standards Ordinance.
Six (6) copies of the analysis shall be submitted
with all conditional use applications.
NQTE: Failure to submit traffic impact analysis in the manner
described above may delay approval of the site plan application.
X 29. In addition to the above requirements, the following
items shall be submitted to the Planning Department llQ
later than the site plan deadline:
a.
One copy of colored elevations for all buildings
and signage to be constructed on site. These
elevations must be must be of all sides of each
type of building and signage proposed and the
colors proposed must be accompanied by a numerical
code from an established chart of colors.
Elevations must also include information related
to building materials. All elevations must be
submitted on 2411 x 3611 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.
N/A
b. A transparency of the site plan (maximum size of
8-1/211 xlIII). At the discretion of the
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
Development Board or City Commission.
c. Colored photographs of surrounding buildings
(minimum size 811 x 10") .
N/A 30. Any other engineering and/or technical data, as may be
required by the Technical Review Committee to determine
8
compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the
Technical Review Committee, if such information is
deemed to be non-essential by the Committee.
-'-
IV. SITE DATA
9
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1. Land Use Category shown in
the Comprehensive Plan
2. Zoning District
3.
Area of Site
.297 . acres
sq. ft.
4. Land Use -- Acreage Breakdown
a.
Residential, including
surrounding lot area or
grounds
.297
acres
100 % of site
b. Recreation Areas *
(excluding water area)
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
c. Water Area
d. Commercial
e. Industrial
f. Public/Institutional
g. Public, Private, and
Canal Rights-of-Way
h. Other (specify)
i.
j .
Other (specify)
% of site
acres
Total area of Site
.297
acres
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.
b.
c.
Ground Floor Building
Area ~"building footprint")
% of site
sq. ft.
Water Area
sq. ft.
% of site
Other Impervious Areas, including
paved area of public & private
streets, pave area of parking lots
& driveways (excluding landscaped areas)
and sidewalks, patios, decks, and
athletic courts. sq. ft.
% of site
d.
Total Impervious Area
sq. ft.
% of site
e.
Landscaped Area Inside of
Parking Lots (20 sw. ft.
per interior parking space
required--see Sec. 7.5-35(g)
of Landscape Code
% of site
sq. ft.
f.
Other Landscaped Areas,
excluding Water Area
% of site
sq. ft.
10
g. Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas sq. ft. % of site
h. Total Pervious Areas sq. ft. % of site
i. Total Area of Site sq. ft. 100 % of site
6. Floor Area
a. Residential sq. ft.
b. Commercial/Office sq. ft.
c. Industrial/Warehouse sq. ft.
d. Recreational sq. ft.
e. Publici
Institutional sq. ft.
f. Other (specify) sq. ft.
g.
Other (specify)
sq. ft.
e.
Total Number of Dwelling Units
5
8.
Gross Density
Dwelling Units per Acre
9.
Maximum Hei9ht of Structures on Site
feet
stories
10. Required Off-Street Parking
a. Calculation of Required
Number of Off-Street
Parking Spaces
b.
Off-Street Parking Spaces
Provided on Site Plan
SIX (6)
TEN (10)
11
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby
acknowledge, represent and agree that all plans, specifications,
drawings, engineering, and other data submitted with this application
for review by the City of Boynton Beach shall be reviewed by the various
boards, corrunissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton Beach, and any such party
reviewing the same shall rely upon the accuracy thereof, and any change
in any item submitted shall be deemed material and substantial.
The undersigned hereby agrees that all plans, specifications,
drawings, engineering and other data which may be approved by the City
of Boynton Beach, or its boards, corrunissions, staff or designees shall
be constructed in strict compliance with the form in which they are
approved, and any change to the same shall be deemed material and shall
place the applicant in violation of this application and all approvals
and permits which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances of
the City of Boynton Beach to bring any violation into compliance, and
the applicant shall indemnify, reimburse and save the City of Boynton
Beach harmless from any cost, expense, claim, liability or any action
which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this /4111\ day of October
,
, 19 99
. .t4lr~:: <7;;:;J
Wi~~. ACE NISON
. ~~
Witness PETER H. SCHMIDT
~~AI1 -u
fA, .~ 7-(. ~4~ '.4~
Applicant BARBARA R. BRADSHAW
12
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach after August I,
1985 shall be accompanied by mailing labels with the names and addresses
of all property owners within four hundred (400) feet of the subject
property. Applications will not be accepted without these mailing
labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
13
A F F I D A V I T
STATE OF FLORIDA
ss.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED
BARBARA R.
BRADSHAW
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best of
her hie knowledge, a complete and accurate list of all property
owners, mailing addresses and legal descriptions as recorded
in the latest official tax rolls in the County Courthouse for
all property with Four Hundred (400) feet of the below
described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT IIA"
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me this
0/~ ~~
/;/J~:/A " ,~
. (Signature)
It/A
day of
\
A.D., 1999
My Commission Expires:
I:~I
EXHIBIT A
PARCEL 1:
A tract of land lying in Government Lot 3 of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S.89022'Ol" E., along the
North line of the aforementioned South 370 feet of Government Lot
3, said line being also the South line of Wilms Way SID as recorded
in Plat Book 23, Page 110, of the Public Records of Palm Beach
County, Florida, a distance of 601.68 feet to a point; thence with
a bearing of N.0037'59" E., a distance of 34.41 feet to a point;
thence with a bearing of S.89022'Ol" E., along a line, lying 34.41
feet North and parallel to the North line of the aforesaid South
370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 124.31 feet to a point; thence
with a bearing of S. 0037'59" W., a distance of 144.41 feet to a
point; thence with a bearing of N.89022'01" W., a distance of 124.31
feet to a point; thence with a bearing of N.0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
PARCEL 2:
A tract of land lying in government Lot 3, of Section 22,
Township 45 S., Range 43 E., in the Town of Boynton Beach, Palm
Beach County, Florida, being more particularly described as
follows:
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S.89022'01" E., along the
North line of the aforementioned South 370.00 feet of Government
Lot 3, said line being also the South line of Wilms Way SID as
recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said
point being the Point of Beginning; thence continue along the
aforementioned course, a distance of 26.11 feet to a point; thence
with a bearing of N.0037'59" E., a distance of 34.41 feet to a
point; thence with a bearing of S.89022'Ol" E., along a line lying
34.41 feet North of and parallel to the aforesaid North line, a
distance of 69.58 feet to a point; thence with a bearing of
S.0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N. 89022'01" W., a distance of 95.69 feet to a point;
thence with a bearing of N.0037'59" E., a distance of 110.00 feet
more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00
foot wide easement for road purposes on the South, and subject to
other easements and rights-of-way of record.
NOTE: That (pursuant to the ordinances of the City of Boynton
Beach, Florida, pertaining to issuance of building permits and
regulating building construction) on May 4, 1993 the above-
described parcels of real property became the subject matter of
that certain Declaration of Unity of Title, dated May 4, 1993, and
recorded on May 4, 1993, in Official Record Book 7692, Pages 417
through 419, inclusive, of the Public Records of Palm Beach County,
Florida.
14
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after June 1,
1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water,
sanitary sewer, drainage, solid waste, recreation, park, and road
facilities) would be available to serve the project, consistent with
the levels of service which are adopted in the City's Comprehensive
Plan:
*
Buil~ing permit applications for the construction of improvements
which, in and by themselves, would create demand for public
facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
Any other application which, in and by itself, would. establish
the density or intensity of use of land, or a maximum density or
intensity of use of land.
Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
Please be advised, however, that the following applications will be
exempt from the Concurrency Management Ordinance, pending final
approval of this ordinance by the City Commission:
Applications for the development of property which was platted on
or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more than
500 net vehicle trips per day.
Applications for building permit, if a site plan or conditional
use application was submitted prior to June 1, 1990 and
subsequently approved and the site plan or conditional use has
not expired.
15
Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
Applications for approval of final plats, if the preliminary plat
dllct application for Palm Beach county Health Department permits
for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development
orders or permits, which do not increase the demand for any
public facility.
Please be advised that these exemption rules are tentative and will be
subject to final approval by the City Commission. If you have any
questions 'concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning Department at
(561) 375-6260.
S:\PLANNING\SHARED\WP\FORMS\APPS\COUS\COUSAPP.WPD
April. 1997
APPENDIX A-ZONING
Sec. 11.2
D. STANDARDS FOR EVALUATING CONDmONAL USES.
The planning and zoning board and city comml.llon .han con-
sider only such conditional uses as are authorized under the
terms of these zoning regulatlons and. In connection therewith.
may grant conditional ules absolutely or conditioned upon the
faithful adherence to and fu18l1ment of such restrictions and
conditione Including, but not limited to, the dedication of prop-
erty for streetl, alleys, nicreatioD space and sldewalb, as Ihan
be determined n8C8ll8l'1 for the protection of the surrounding
area and the citizens' general welfare, or deny conditional usel
when not In harmony with the intent and purpole of this lection.
In evaluating an appllcatlon for conditional use, the board and
commiulon shall consider the etrect of the proposed use on the
general health. safety and welfare of the community and make
written Ondings certifying that satisfactory provision has been
made concerning the following standuda. where applicable:
1. Inlreas and elless to the subject property and
proposed structures thereon. with particular reference
to automobile and pedestrian lafety .and convene
lence, traffic flow and control, and accesl In cue of
fire or catastrophe.
2. Orr'ltreet parking and loading areas where required.
with particular attention to the items in subsection
D.1. above. and the economre. Blare. noise. and odor
effects the conditional use will have on adjacent and
nearby properties. and the city as a whole.
3. Refuse and aervice areas, with particular reference to
the itema in subsection 0.1. and 0.2. above.
4. Utilities, with reference to locations, availability, anll
compatiblUty.
5. Screening. buffering and landscaping with reference to
type. dimensions, and character.
6. Signs. and proposed exterior lighting. with reference to
glare. traffic safety, economic effect. and compatibility
and harmony with adjacent and nearby properties.
7. Required setbacka dnd other open spaces.
8. General compatibility with adjacent propertiee. and
other propetty in the zoninl district.
9. Height of buildings and structures, with reference to
compatibility and harmony to adjacent and nearby
properties. and the city a8 a whole.
10. Economic effects on acijacent and nearby properties, and
the city aa a whole.
11. Conformance to the standarde and requirements ,hlch
apply to lIite plans. as aet forth In Chapter 19, Article II or
the City of Boynton Beach Code of Ordinances.
12. Compliance with, and abatement of nulsancea and hazards
In accordance with the performa&lce standards 8ectlon . of
the zoning regulations; alllO, confor .oance to the City or
Boynton Beach Noise Control Ordinance.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Department
the following plans and exhibits in the number of copies
specified by the Planning and Zoning Department, together with a
Site Plan Review application and a fee adopted by resolution by
the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existing site characteristics m~: A sealed survey, not
older than six months, showing all adjacent streets, alleys and
driveways, and also illustrating:
1. Existing natural features, including but not
limited to lakes, trees and other vegetation and
soils and topography.
2. Existing buildings, building elevations, other
structures, including use, height, dimensions and
setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished
floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed
buildings and other structures, and any existing
buildings and structures which are to be retained,
including use, height, dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and
sidewalks, including location, dimensions and
"
setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location,
dimensions, setbacks, height and material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landsc~e plan:
1. A separate scaled drawing (at the same scale as
the site development plan) prepared as required by
state law clearly illustrating proposed trees,
shrubs, grass and
2. Proposed berms, watercourses and other topographic
features.
3. A notation on method of irrigation.
D. Architectural plan:
1. A scaled drawing clearly illustrating proposed
building floor plan and elevations, including
height, exterior dimensions, exterior color and
materials.
2. A colored elevation drawing (not mounted) showing
all elevations of the l?uilding. (This submittal
can be waived by the Planning and Zoning Director
when not applicable.)
E. Tabular Snmmary Containing:
1. Total gross project area by acreage and square
footage and net buildable land area in acres and
square feet.
2. Total number of proposed residential units,
including characteristics by number of bedrooms
and bathrooms and gross square footage of each
typical unit.
3. Proposed nonresidential floor type of use and
total gross square footage.
4. Square footage and percentage distribution of the
total project site, including areas proposed for
landscaped open space, vehicular use areas, other
paved areas, and building coverage and total
coverage.
5. Number and ratio of required and provided off-
street parking spaces and number of loading
spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. Drainage plan:
1. A separate scaled drawing (at the same scale as
the site development plan) showing elevations,
flow arrows, proposed drainage structures,
proposed treatment facilities, etc.
2. An engineer's certiciation in writing that
drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter
6, Aricle IV, Section 5 of these Land Development
Regulations.