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Learning Place II DEVELOPMEr ORDER OF THE CITY COMMISSIC CITY OF BOYNTON BEACH, FLORIDA OF THE PROJECT NAME: The Learning Place II ~~V~opment BUilding gng/neerlng cc. Llcen. Deputy City C/er. :::::-----.- - APPLICANT'S AGENT: Scott and Cathy Freeland APPLICANT'S ADDRESS: 10855 Canyon Bay Drive, Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2008 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until October 18, 2008, for construction of a 7,800 square foot day care center on a 0.84-acre parcel in the R-1-AAB zoning district. LOCATION OF PROPERTY: 8518 Lawrence Road (east side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ../ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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D~=ey !!!!-~~- -- TURQUOISE, Inc. ~""""-_&~ :::-~....~~~ .04 Le.<Ll&N'hl... _~~,:, -rHe-''Le';'~I~~~~1!:"--'"-::''' ~'~'_ -.~ '..-"'L~_. ~Q "'I>'<M~ f'JweAc,!l~'.. .. EXHIBIT "C" October 11, 2007 Ed Breeze Planning and Zoning Department City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: The Learning Center II Dear Ed: Our Design Team has been working on the comments that were conditions of approval and proceeding with revisions necessary to the plans to submit for a building permit for this project. Pursuant to Chapter 4 Section 5 of the City of Boynton Beach Land Development Regulations, this letter is our official request for an extension to the site plan for a period of one year to allow for the securing of Building Permits for this project. Some economic considerations were the concern for the first extension and those considerations have now all been addressed and we are now ready to proceed. Meetings have taken place with the Health Department for they're required approval prior to submission to The City for Building Permits. Some revisions and additions to the plans were required and have since been submitted to them for approval. Some contact has been made with SFWMD concerning the vegetation on the North side of the project on they're right of way. Some-ofthis needs to be cleared for vision triangle at the exit from this project. We are seeking permission from them to clear vegetation on they're property. Enclosed is our check for $750.00. Please advise me if any boards need to hear this extension so I may be present if necessary. Thank you for your consideration ~~'f~ Kathy Freeland, Owner EXHIBIT "D" Conditions of Approval Project name: The Learning Place II File number: SPTE 08-00 I Reference' DEPARTMENTS INCLUDE REJbCT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Prior to the issuance of a building permit, provide a traffic analysis and notice X of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Learning Place II\SPTE 08-001 \COA.doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22,2008 There were no comments from the applicant, the public or the board. Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension DESCRIPTION: The Learning Place (SPTE 08-001) Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18. 2007 to October 18, 2008. 1. PROJECT: AGENT: OWNER: LOCATION: Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18, 2005. The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18, 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date, prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction. They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 4 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 Chair Jaskiewicz explained she did not introduce the members of the board. She explained the City was very fortunate to have talented and diverse individuals serving on the board who were interested in a positive approach to the development and redevelopment of the City. Chair Jaskiewicz introduced the members of the board. She welcomed new board members Steve Myott, Candace Killian and Matthew Barnes. C. Hotel I Motels in PID Code Review AGENT: DESCRIPTION: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7, H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. 1. PROJECT: Mr. Breese explained this was a staff generated Code amendment in the Planned Industrial District. It was the only category in which hotel/motels were regulated through a density requirement. He explained, typically, density was associated with dwelling units in residential zoning districts. Hotels/motels were not considered dwelling units, rather they were considered as transient lodging, and they are usually associated with commercial type uses. This change would eliminate that density regulation within the Planned Industrial District and give equal treatment in all allowed zoning districts. The Quantum Park Planned Industrial District was the only district in the City that recognized hotels/motels as an allowable use within its Permitted Uses Table. The Quantum Park DRI limited the number of hotel/motel units to 400 within its development, which was a better way to regulate that type of use, rather than through density. Staff proposed that any reference to density within the PID relative to hotels/motels be stricken from the Code. Ms. Jaskiewicz asked if any density regulations apply to the other districts. Mr. Breese responded they did not, only the PID District. Motion Mr. Myott moved to approve. Mr. Saberson seconded the motion that unanimously passed. 5