LEGAL APPROVAL
.
NOTICE OF PUBLIC HEARING
Gwen Lewis, applicant, has requested the following parcel be
considered for CONDITIONAL USE to construct a DAY CARE
CENTER for children at the following location:
Legal
Description:
Lots 61 and 63, C. W. COPP'S ADDITION TO
BOYNTON, as recorded in Plat Book 7, Page
56, Palm Beach County records.
Address:
510 N. E. 2nd Street
Owner:
Charles H. Steel
Agent:
Kimberly Dellastatious
Proposed Use:
Day Care Center for Children
A HEARING BEFORE THE PLANNING & ZONING BOARD WILL BE HELD AT
CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH ON NOVEMBER 14, 1989 at 7:30 P.M.
ALSO
to
t
"A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION, AT
CITY HALL COMMISSION CHAMBERS, ON TUESDAY, NOVEMBER 21ST
1989 at 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS, ON THE ABOVE REQUEST.
All interested parties are notified to appear at said
hearings in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning & Zoning
Board or City Commission with respect to any matter considered
at these meetings will need a record of the proceedings, and
for such purpose, may need to ensure ,that a verbatim record
of the proceedings is made, which record includes the testi-
mony and evidence upon which the appeal is to be based.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
Publish: BOYNTON BEACH NEWS
NOVEMBER 2, 1989
cc: Interim City Manager
Mayor & City Commission
City Attorney
City Planner
Recording Secretary
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. LEWIS "O"A Y "CARE 'CENTER
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P/~ANNIN/: "'='..pr.
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M E M 0 RAN 0 U M
December 1, 1989
TO:
FROM:
SUBJECT:
Honorable Mayor and City Commissioners
Ann Toney, Acting Interim City Manager
Planning & Zoning Board Decision Relative to the lewis Day Care
Center
.
Attached please find a verbatum transcript of the Planning and Zoning Board
meeting starting with the motion to approve the parking lot variance of the
Lewis Day Care Center continuing through the motion and approval of the
conditional use application. Inasmuch as Mr. Cannon was thoroughly
questioned by the City Commission relative to what exactly transpired at
the Planning and Zoning Board meeting and was subsequently advised of his
inaccurate presentation by Planning & Zoning Board Chainman, Bobby Walshak,
I think it is my responsibility as Interim City Manager to advise you that
the presentation made by staff was accurate as documented by the verbatum
transcript attached hereto.
Should you have any questions relative to this matter, please let this
office know.
..
,
/' --I
([{t <--". 1?,u;t.-/'
Ann Toney < /
Acting Interim City Manager'
"
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cc: ~Tim Cannon, Acting Planning Director
Central File
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VERBATIM TRANSCRIPT FROM MINUTES OF PLANNING AND ZONING
BOARD MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH,
FLORIDA, TUESDAY, NOVEMBER 14, 1989 AT 7:30 P. M.
(Requested by Ann Toney, Interim City Manager)
NEW BUSINESS
A. PUBLIC HEARINGS
CONDITIONAL USE
1. Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
PARKING LOT VARIANCE
2. Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Lewis Day Care Center
Kimberly Dellastatious, AlA, PA
Charles H. Steel
East side of N.E. 2nd Street, be-
tween East Boynton Beach Boulevard
and N.E. 6th Avenue
All of Lots 61 and 63, c.w. Copp's
Addition to Boynton, as recorded
in Plat Book 7, Page 56, of ' the
Public Records of Palm Beach
County, Florida.
Request for conditional use and
site plan approval to convert an
existing single-family residence
into a day care center.
..
~
Lewis Day Care Center
Kimberly De11astatious, AlA, PA
Charles H. Steel
East side of N.E. 2nd Street, be-
tween East Boynton Beach Boulevard
and N.E. 6th Avenue
..
All of Lots 61 and 63, C~W. Copp's
Addition to Boynton, as recorded
in Plat Book 7, Page 56, of the
Public Records of Palm Beach
County, Florida.
Request for a variance to Sections
'5-142 (i) ( 1) "Standards" and
Section 5-142(i)(2) "Maneuvering
Area'" of Article X-Parking Lots.
r
(The first part of this issue and the public hearing have
been omitted from this transcript.)
Walshak:
Gentlemen, what's the pleasure of the Board?
~
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VERBATIM - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 14, 1989
Blanchette:
I move for the approval of the request for
conditional use and site plan approval to con-
vert an existing single family residence into
a day care center.
Walshak:
Harold, can I ask you to back up on that a
minute, please, and go to the parking lot
variance first because . . .
Blanchette:
Do you .want to talk about it?
Walshak:
Yeah, you put the horse in front of the cart.
Blanchette:
Fine. I move that the request for a variance
to Section 5-142(1)(1) "Standards" and Section
5-142 - (i)(2), I'm sorry, (i)(l) and (i)(2)
"Maneuvering Area" of Article X-Parking Lots
for the Lewis Day Care Center, owned by Gwen
Lewis, at 510 N. E. 2nd Street in Boynton
Beach . . .
Collins:
Mr. Chairman. I'm sorry. He didn't finish.
Blanchette:
I move for the approval of it and being not
subject to all of the staff comments.
Lehnertz:
There were no staff comments on it. It was a
parking lot variance.
Collins:
Mr. Chairman, I second that motion.
Walshak:
It's been moved and seconded that we approve
the request for a variance to Section 5-l42(i),
paragraph (1), "Standards", and Section 5-142
(i), paragraph (2) "Maneuvering Area" of
Article X-Parking Lots. Any discussion on
the motion? Hearing none, all those in favor
signify by saying Aye.
Collins: Aye.
Blanchette: Aye.
Lehnertz: Aye.
Richter: Aye.
Zimmerman: ' Aye.
- 2 -
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VERBATIM - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
Howard:
Walshak:
Collins:
Richter:
Lehnertz:
Collins:
Richter:
Walshak:
Lehnertz:
Walshak:
Cannon:
Lehnertz:
Walshak:
NOVEMBER 14, 1989
Aye.
Aye. Those opposed signify by saying Nay.
Carried 7-0. The Chair will accept a motion
on the conditional use application.
Mr. Chairman, I move that we approve the
request for conditional use and site plan
approval to convert. an existing single family
residential residence into a day care center
located the east side of N. E. 2nd Street
between East Boyriton'Beach Boulevard and N. E.
6th Avenue, the project being Lewis Day Care
Center.
Second. I second it.
What about staff comments?
Uh, Mr. Chairman, in reference to that motion,
I omit staff comments.
..
~
Mr. Chairman, I second the motion.
It's been moved and seconded that we approve
the request for conditional use and site plan
approval to convert an existing single family
residence into a day care center with no staff
comments. Any discussion on the motion?
Does that mean that effectively anything that
has been said in here by staff can be
ultimately ignored?
..
That's. . .
i
Maybe what we could do is just zero in on the
staff comments that obviously can't be
accommodated.
Right. I think that would be best. I'd like
to (inaudible) the staff comments.
Wait, wait, wait, uait, wait, wait. Let's call
for order here. Uh, you want to .
Getting back . Do you want to back that
motion up, Mr. Collins?
~~
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VERBATIM - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
Collins:
Walshak:
Collins:
Cannon:
Blanchette:
.
Cannon:
..
Walshak:
Zimmerman:
Howard:
Richter:
'"
Collins:
...
Howard:
Collins:
Walshak:
Richter:
Walshak:
Blanchette:
NOVEMBER 14, 1989
Uh, in reference to staff comments, those
three areas, uh, the owner, the owner can get
with the City and try to work out some agree-
ments relative to those three areas. That's
the Florida Power & Light in terms of the
light, the overhead, the uh . . .
Fire.
Fire.
OK. There's also the issue concerning the
dumpster. Obviously, the dumpster can't be
accommodated, and also there is a comment
about lighting the drop off area. That can't
be accommodated.
Parking in curves. Shall we address those
two items?
Right. OK.
So we're amending the motion as per Mr. Collins
has stated. I can't remember what he said,
and I'm not going to attempt it right now.
Could we get a second to that motion?
Excuse me, was that three amendments or two?
I thought he started with three.
I thought so too.
I started with three. I said three, but I
changed it to two.
Which one was the one? Where is it?
He took the dumpster from that because it
could not be accommodated.
OK.
I second the motion as amended.
Further discussion on the motion?
Yeah. I'd like to clarify something,
because there are some other things in here
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'-.:0.
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VERBATIM - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
Blanchette:
(Cont.)
Walshak:
Blanchette:
Walshak:
Lehnertz:
Collins:
Cannon:
Walshak:
NOVEMBER 14, 1989
that are going to be very difficult for this
lot to comply with, and I just want this
mentioned, and I would like, when this is
brought forth before the Technical Review
Board, that they analyze them very carefully
and give in where they have to, and I think
that's the consensus of our opinion.
Well, the motion stands as it's made, Harold.
I know, but I mean, I just wanted that in the
record. Otherwise, they will never get a
permit.
It is duly noted, Mr. Blanchette.
I, I need a clarification in terms of we are
ignoring staff comments for the dumpster and
what else?
..
No. We are ignoring all staff comments with
the exception of the FP&L drop and the fire
hydrant.
f;
Well, there are other comments we could
accommodate on site to meet the Code require-
ments.
I think, I think, I think, gentlemen, the
motion was. . . We've got a motion on the
floor. . It's been seconded. I want discussion
on the motion. If I don't hear any discussion
on the motion, I'm going to call for the roll.
Is there any discussion on this motion?
Hearing none, all those in favor signify by
saying Aye.
..
..
Collins: Aye.
Blanchette: Aye.
Richter: Aye.
Howard: Aye.
Walshak: Aye. Opposed?
Lehnertz: No.
"j9
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VERBATIM - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 14, 1989
Zimmerman: No.
Wa1shak:
Carried. Did I hear two Noes? Carried 5-2.
CJ-+-:- ~'15-U c2.~
-4'a,Cu.'~a~,- / \
- Patricia Ramseyer (/
Recording Secretary
"
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MEMORANDUM
November 15, 1989
TO:
George N. Hunt, Interim City Manager
Timothy P. Cannon, Interim Planning Director
Planning and Zoning Board Meeting
Tuesday, November 14, 1989
FROM:
RE:
Please be advised that the Planning and Zoning Board met on
Tuesday, November 14, 1989 and took the following action:
1.
The Interim Planning Director reported that the Comprehen-
sive Plan was adopted by the City Commission at their
meeting of November 7, 1989 and that the Plan will be
forwarded to DCA. Copies of the Plan will pe provided to
the Board members before the next meeting.
"t4_1 ~;..
2. After conducting a public hearing, approved the Lewis Day
Care Center request for a variance to Sections 5-142(i)(1)
"Standards" and Section 5-1-4'2 (i) (2) "Maneuvering Area" of
Article X-Parking Lots. The motion to approve was made by
Mr. Blanchette and seconded by Mr. Collins.
3.
After conducting a public hearing, the Board recommended
approval of a request for conditional use to convert a
single-family residence into Lewis Day Care Center, subject ,
to proviso. The motion to recommend approval was made by
Mr. Collins and seconded by Mr. Richter. Vote was 5-2 with
Messrs. Lehnertz and Zimmerman voting in the negative.
4. After conducting a pUblic hearing, recommended approval of
Kentucky Fried Chicken request for a variance to Section
5-142 (h) (3) "Driveways" of Article X-Parking Lots, subject
to proviso. The motion to recommend approval was made by
Mr. Blanchette and seconded by Mr. Collins. Vote was 6-1
with Mr. Lehnertz voting i~ the negative. I
1IlI
5f! Continued the public hearing for the Palm Beach Leisureville
parking lot variances to the December 12, 1989 meeting at
7:30 P.M. at the request of the applicant.
6. Recommended approval for a master plan modification to' allow
for the addition of a building materials store (Home Depot)
at the Shoppes of Woolbright, as submitted. Motion to
recommend approval '1as made by Mr. Richter and seconded by
Mr. Howard. Vote was 6-1 with Mr. Lehnertz voting in the
negative.
7. Recommended approval of a new site plan ,to construct a
102,250 square foot building materials store (Home Depot) on
a 10.526 acre parcel at the Shoppes of Woolbright PCD,
subject to proviso. Motion to recommend approval was made
by Mr. Blanchette and seconded by Mr. Collins. Vote was 6-1
with Mr. Lehnertz voting in the negative.
8. Unanimously recommended approval of'Lawson Group request for
site plan approval to construct a 22,246 square foot'mixed
use light industrial/warehouse building on 1.372 acres,
subject to proviso. Motion to recommend approval was made
by Mr. Blanchette and seconded by Mr. Collins.
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;~9. Unanimously recommended approval of Bible Church of God
request for site plan approval to construct a 28,086 square
foot church on 4.77 acres, sUbject to proviso. Motion to
recommend approval was made by Mr. Collins and'seconded by
Mr. Lehnertz.
10. Tabled the transmittal of Chapter 19 to the City Commission
pending the incorporation of further changes by staff.
11. Unanimously made a finding of consistency of the proposed
ordinance change for home occupation licenses with the
Comprehensive Plan.
12. Recommended that the city Commission review license fees for
home occupations.
13. Tabled the consistency review of the proposed ordinance to i
allow residential uses in commercial zones pending clarifi-
cation of intent by the City Commission and City Attorney.
14. Recommended that the City Commission consider that special
meetings be included in the maximum number of excused
absences allowed for Board members.
15. Recommended that the City Commission be advised that the
vacancy on the Planning and Zoning Board should be filled as
soon as possible.
~~~
TIMOTH P. CANNON
JJG:frb
Encs
Agmemos
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BUILDING DEPARTMENT
MEMORANDUM NO. 563
..
December 26, 1990
TO:
Technical Review Board Members
, .'
.:::
.. -.
~~lUU1"I~~'J- planning Director
Vincent Finizio Admin. Coord. of Engineering
Ed Allen Fire Chief
Ed Hillery Police Chief
John Guidry Utilities Director
Bob Eichorst Public Works Director
Charlie Frederick Parks & Recreation Director
THRU: Don Jaeger, Building and Zoning Director ~
FROM: Michael E. Haag, Zoning and site Administrator
RE: ISSUANCE OF CERTIFICATE OF OCCUPANCY
.
..
...... Lewis. Day Care Center
510 NE 2nd St. '
McLaren Construction Co., Inc.
The. ~ove referenced project is nearing completion. Prior to the
Building Department issuing the certificate of Occupancy, I would
like to ensure that you do not have any outstanding or pending
issues '. concerning this site that must be rectified (excluding
issues that are covered entirely with a city approved surety).
If the issues are related to permits issued by the Building
Department, please provide this department with the permit number ant
nature of unresolved issues. If the unresolved 'issues are not
permit related, notify the owner or the owners agent to ensure
that the issues are rectified.
Please respond to this office within ten (10) days so that we may
proceed to issue the Certificate of Occupancy. Thank you for your
cooperation and timely response. ~~
^ M~Y.Ha:r~" p. Dfc~~~n.
r / ~~
xc:_ J. Scott Miller .________ . IJVS DEp
_ Don Johnson, Inspector ~ !
Kevin Hallahan. Forester-
J. Broomfield, Comm. Imp.
_ Bonnie Hall
_ File
MEH:ald
FINALCO.SDD
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