LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
February 1,2000
Scott and Catherine Freeland
4470 Gleneagles Drive
Boynton Beach, Florida 33435
Re:
File No:
Location:
The Learning Depot
CaDS 99-007
Northwest Comer of Woolbright Road and SW 3rd Street
Dear Mr, & Mrs. Freeland:
Enclosed is the City of Boynton Beach Development Order for conditional use and site plan
approval granted on January 4,2000,
To continue this project through the development process, please submit to this office four (4)
sets of rectified plans (a site plan revised to incorporate all applicable conditions of approval),
A rectified plan must be signed off by all TRC members prior to submitting for building permits,
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
-7G -<-:--~
Michael W, Rumpf
Director of Planning & Zoning
MWR/nl
J:\SHRDA TAIPlanning\SHAREDlWPlPROJECTSILEARNlNG DEPOT. COUS\Oevelopment Order Letter. doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P,O, Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPML . T OR ~R OF THE CITY COMMit ,ON C. fHE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Learning Depot
APPLICANT'S AGENT: Scott and Catherine Freeland
APPLICANT'S ADDRESS: The northwest corner of Woolbright Road and SW 3rd Street
DATE OF HEARING BEFORE CITY COMMISSION: January 4, 2000
TYPE OF RELIEF SOUGHT: Conditional Use/Site Plan Approval
LOCATION OF PROPERTY:The northwest corner of Woolbright Road and SW 3rd Street
DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO,
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above, The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on 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
LHAS
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 "0" with notation "Included",
4, The Applicant's application for relief is hereby
L 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, :\\\\\\\\1111/111"'111.
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J:\SHRDATA\Planning\SHARED\WP\PROJECTS\THE LEARNING DEPOT\ LEARNING DEPOT - COUS\Develop <r~lifnll~~C
EXHIBIT "C"
Conditions of Approval
Project name: LEARNING DEPOT 'PRE-SCHOOL
File number: COUS 99-007
Reference: Conditional Use. File # COUS 99-007 with a November 23. 1999 Planning and Zoning
Deoartment date stamo markinll
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments:
l. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X
paid for this project within 30 days of site plan approval. This fee will
be $790.02 for a I-inch meter,
2. Comp Plan policy 3C.3.4 requires the conservation of potable water, X
City water may not, therefore, be used for irrigation where other sources
are readily available, Please change the plans accordingly,
3. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to
the City before the first permanent meter is set. Note that setting of a
permanent water meter is a prerequisite to obtaining the certificate of
occupancy.
4. Appropriate backflow preventers will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with Sec, 26-207,
5, A building permit for this project shall not be issued until this office X
has approved the plans for the water and/or sewer improvements
required to serve the project, (Sec, 26-15) Please provide two
corrected copies of the engineering plan, with details, directly to the
Utilities Dept. for review,
6, Provide drainage calculations showing the amount of rainfall to be X
retained on-site, at time of building permit submittal.
FIRE
Comments: None X
POLICE
Page 2
Learning Depot Pre-School
File No.: COUS 99-007
DEPARTMENTS INCLUDE REJECT
Comments: None X
ENGINEERING DIVISION
Comments:
7. Provide a cross section of the storm water retention area and the open X
play area,
8, The site will require an excavation/fill permit X
9, The site will generate substantial traffic through the residential X
community in addition to all the existing traffic to Forest Park
Elementary School. We recommend that the neighborhood's position be
weighed heavily regarding the approval or disapproval of the request,
.
BUILDING DIVISION
Comments:
10, At time of permit review, provide detailed drawings and documentation X
on the plans that will verify the accessible route from the accessible
parking spaces to the accessible building entrance is in compliance with
the regulations of the Florida Accessibility Code for Building
Construction, The documentation shall include, but not be limited to,
identifying the type of material, surface finish, width, cross slope, slope
and length of the entire accessible route including, where applicable,
landings, ramps and handrails,
11. Considering that detail drawings of the building signage were not X
provided and the location of the signage was not shown on the elevation
view drawings of the building, place the following note on the site plan
and each drawing depicting the elevations of the building: "Building
signage is not approved for this project, Separate site plan review and
approval is required for building signage,"
12, At time of permit review, move the location of the proposed buffer wall X
that is located along the north property line outside of the utility
easement, Structures shall not encroach into an easement.
13. At time of permit review, submit signed and sealed working drawings of X
the proposed construction
14. At time of permit submittal, provide an executed City unity of title form, X
The form shall combine all lots or parcels within the subject site as one
lot. The processing of the form shall follow the unity oftitle procedures.
Page 3
Learning Depot Pre-School
File No,: COUS 99-007
DEPARTMENTS INCLUDE REJECT
15, At time of permit review, attach a current survey of the subject property X
to both sets of permit documents,
16. Compliance with the Building Codes will be evaluated at time of permit X
review, The permit fee, water and sewer facility fees, Fire Department
fees, County fees and State fees will be determined at time of permit
review.
17. Permits are required to construct the improvements that are shown on X
the approved site plan/conditional use documents, Permit application
forms are available in the Building Division of the Development
Department. A permit submittal checklist is available in the Building
Division, The list identifies the basic documents that the Plans Analyst
checks for when an applicant submits for permit review,
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
18, Label front, rear and side yard setbacks (Ch, 4, See, 7, B.2,) X
19, Increase drive aisle width to 27 feet. Plans must be shown to scale. X
(City Drwg, B-90013)
20, Include exterior color on the elevation drawings, (Ch.4, See, 7, X
21. On the north side of the vehicular use area adjacent to the X
landscape strip indicate elevation of walkway with transition from the
street. (Ch, 23, Art, lIE,)
22. Provide a note on the landscape plan indicating the method of irrigation X
to be used, (Ch. 4, See, 7, C, 3.)
23, Add type of sod and mulch to be used to the plant list. Cypress mulch is X
not permitted, (Ch.4, Sec. 7, C, I.)
24, Indicate the site triangles at the vehicular accessways, (Ch, 7.5, See,S, X
H,l)
Page 4
Learning Depot Pre-School
File No.: COUS 99-007
,
DEPARTMENTS INCLUDE REJECT
25, The building design shall be compatible with the surrounding built X
environment. Indicate the colors to be used on the elevation drawings.
(Ch, 9, Sec. 11, A. & B,)
26. Recommend that a hedge be placed on the outside of the required buffer X
wall along the east elevation and mulch in between north wall and
adjacent fences,
27, All plans must be signed and sealed prior to submittal for building X
permit.
28. Orient the landscape plan the same direction as the site plan, X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
29, No additional comments at the January 11,2000 meeting, X
ADDITIONAL CITY COMMISSION COMMENTS
30, Approved the site plan and conditional use contingent upon review by X
the Planning and Development Board at the January 11, 2000 meeting.
Planning and Development board cannot impose additional conditions
for the project,
JISHRDATAIPLANNINGISHAREDIWPlPROIECTS\TIIE LEARNING DEPOT\ LEARNING DEPOT - COUS\CONDITIONS OF APPROVAL CC 1-4-00.DOC
MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, TUESDAY, DECEMBER 28,1999 AT 7:00 P.M.
PRESENT
Lee Wische, Chairman
J, Stanley Dube, Vice Chair
Pat Frazier
Mike Friedland
Woodrow Hay
Maurice Rosenstock
Larry Finkelstein, Voting Alternate
Lusia Galav, Senior Planner
Mike Cirullo, Assistant City Attorney
1. Pledge Of Alleaiance
ABSENT
Steve Myott
Chairman Wische called the meeting to order at 7:00 p.m. and led the Pledge of
Allegiance to the Flag,
2. Introduction of the Board Members
Chairman Wische introduced the Board Members, Assistant City Attorney, Mike
Cirullo and Lusia Galav, Senior Planner.
3. Agenda Accroval
Chairman Wische called for a motion to approve the agenda.
Motion
Vice Chairman Dube moved to approve the agenda, Mr, Rosenstock seconded the
motion, which unanimously carried.
4. Apcroval of Minutes
Chairman Wische called for a motion to approve the minutes of the December 14,
1999 meeting,
'.
MEETING MINU rES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28, 1999
Motion
Mr, Friedland moved that the minutes of the November 23, 1999 meeting be
approved,
Mr. Finkelstein requested that on Page 8 it should state that "he had not been
contacted",
Mr. Finkelstein seconded the amended motion, Motion carried 7-0.
5. Communications and-Announcements
.~ . ~ .
;"1 . I
A. Planning and Zoning Report
1. ~:'." Fina;f'dispositiqn of the December 14, 1999 Planning and
,. Development Board meeting agenda items,
Ms. Galav report~ion the following City Commission action that was taken at the
December 21, 1999 meeting on items reviewed by this Board.
(a) The Eckerd Drug Store sign variance was approved.
(b) The Land Use Plan Amendment for the Villa Del Sol
was approved for transmittal to the Department of
Community Affairs for review.
(c) The Kenmont Abandonment Request was tabled at
the request of the applicant's attorney. The Request
is being rescheduled for the January 4, 2000 City
Commission Meeting.
(d) The Comprehensive Plan-EAR-Based Amendment
was approved for transmittal to the Department of
Community Affairs.
(e) From the November 23, 1999 Planning and
Development Board Meeting the Ordinance for
Lowe's Rezoning and Land Use Plan Amendment
was approved on first reading,
(f) The Carsrud Variance Requests for rear and side
yard variances were both denied.
.
6. New Business
A. PUBLIC HEARING
2
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28, 1999
Conditional Use
1.
Project Name:
Agent/Owner:
Location:
Description:
The Learning Depot - Pre-School
Scott and Kathy Freeland
SW 3rd Street at Woolbright Road
Request conditional use approval
to construct a 4,632 square foot
day care center on 0.52 acres.
Chairman Wische stated that all persons who wished to speak on this item must
be sworn in, Assistant City Attorney Cirullo administered the oath to all persons
who would be testifying,
Chairman Wische noted there were 28 staff comments and requested that the
applicant only address those comments that they do not agree with or need
clarification,
Mr. Ted Bessette, 1300 North Federal Highway, Boca Raton took the podium
and stated he is the project architect and that they agreed with all staff comments.
Staff had no further comments,
Chairman Wische announced the public hearing. A man in the audience stated
that he would like to reserve his right to speak if necessary.
Chairman Wische asked if the members of the Board had any questions?
Mr. Finkelstein asked if the bell would be operational and Mr. Bessette replied the
bell is only decorative, Mr. Finkelstein referred to the requirements that a day care
must meet which is outlined in Summary/Recommendations in the back-up
material and more specifically access along "a state arterial or county arterial or
collector roadway". Ms, Galav responded that it is not necessary to have access,
but the project has to be located along the arterial roadway and technically the
project does meet that requirement.
Mr. Finkelstein inquired about the "on-site retention" and asked if this would be
located near the playground? Mr, Bessette stated that the retention site is located
near the playground and noted the area is adequate for on site retention,
Mr, Finkelstein asked if there was any response from the neighbors regarding
traffic concerns? Ms, Galav stated staff received no response from the neighbors.
Ms. Galav said a traffic study has been provided to Palm Beach County and is still
being reviewed,
3
MEETING MINv fES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28, 1999
Ms. Frazier questioned why no one in the neighborhood responded regarding the
traffic, considering there already is a school in the area, Ms, Galav said everyone
received notices that were within 400' of the site,
A gentleman took the podium and stated he lives directly adjacent to the property
and said that the first notice sent to the surrounding neighbors had the wrong
project address. A revised notice was sent and he felt this might be the reason for
a lack of response from the neighbors, He is not opposed to the project, but has
some questions regarding the site plan, fencing and lighting, as well as run-off,
Chairman Wische said these questions would be addressed at the site plan
approval. Tonight the applicant is seeking a conditional use approval to build,
After the conditional use is approved, the applicant comes in for site plan approval.
Chairman Wische closed the public hearing,
Ms, Galav said that tonight the applicant is asking for conditional use and site pla,n
approval.
Mr. Finkelstein inquired how many children would be attending the school and was
informed approximately 66. The applicant stated that is the maximum allowable
amount in accordance with childcare center regulations,
Vice Chair Dube stated if the applicant was also present for site plan approval
tonight, members of the Board were not furnished with a site plan and the agenda
only states conditional use. Vice Chair Dube felt that this Board cannot approve
the site plan since it was not furnished,
Ms, Galav said that in order to obtain a conditional use, a site plan must be
included. Ms, Galav said there is a reduced version of the site plan in the agenda
packet.
Mr, Friedland opined that that since members are not prepared whether this Board
could legally proceed with site plan approval and felt the request should be
postponed until the next meeting. The architect stated that the delay would cause
considerable expense to his clients,
Mr, Friedland asked how large the staff would be for the 66 children. The
applicant stated there would be a staff of seven.
Mr, Finkelstein asked the applicant how they proposed to stack all the vehicles.
Mr. Bessette stated that the pick ups would be staggered and there will be a long
u-shaped drive, Mr. Finkelstein asked approximately how many cars could be
stacked? Mr, Bessette replied the driveway is 27' wide,
4
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28,1999
Ms. Kathy Freeland replied that there will be a teacher outside to bring the children
in and this would be a quick process, Also, she pointed out that the drop-off
period would be staggered between 7:00 a,m. to 9:00 a.m, Pick-up would take
place between 4:00 p,m, to 6:00 p.m,
Mr, Bessette felt that approximately five cars could be stacked at one time. Ms.
Freeland pointed out that they plan on having parking spaces as well. The
architect pointed out that there will be a covered area outside the building and
there is more than adequate area to load and unload the children.
Chairman Wische asked Assistant City Attorney Cirullo for his opinion, Attorney
Cirullo stated that to complete the application for a conditional use, submission of
a site plan, is necessary. Also Attorney Cirullo stated it was noticed as a
conditional use and the property was posted for site plan review. Therefore, notice
is not an issue and said that the members have been provided with all the
documentation, even though the site plan is in reduced format. Therefore, Attorney
Cirullo felt the Board could consider both the conditional use and site pla!1
approval tonight.
Ms. Freeland said it is their intent that the daycare would be a neighborhood
school and parents could walk their children to school as well.
Ms, Frazier inquired if arrangements would be made with Forest Park for after-
school care, Ms. Freeland said it was not their intent to do this and the school will
be kept as a daycare for pre-schoolers and infants.
Mr, Finkelstein asked if the site would extend to the next house or would a vacant
lot separate the school and the house, Ms. Freeland stated that the people in the
next house own the vacant lot. Mr. Finkelstein said he was unable to read the
landscape plans and asked about the buffers on the Woolbright side of the
property, Mr. Bessette said there would be landscaping, as well as walls and
fences around the property.
Mr, Hay inquired if there was enough notice between the first and second notice?
Ms. Galav stated there was.
Vice Chair Dube said even though the Board could legally vote on this, he is not
comfortable approving something he cannot read. Vice Chair Dube noted it is the
job of this Board to inform the City Commission on whether or not something has
been approved,
Ms, Galav stated that the plans were submitted and should have been included
with the agenda packets.
5
MEETING MINlJ rES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28,1999
Attorney Cirullo said that this Board could give the applicant the opportunity to
review the site plan with the Board tonight if the Board so wished, If the Board
was not comfortable after that, the Board could ask the applicant if they wished to
voluntarily request to table the approval.
Mr. Rosenstock agreed with Mr. Dube and felt if he was going to approve the
project, he would like to see the plan.
Motion
Mr, Rosenstock moved to table the request for approval. Motion seconded by Vice
Chair Dube,
Attorney Cirullo pointed out that the applicant must voluntarily request to table their
application, or the Board must pass on the recommendation of the application.
Mr, Rosenstock said if the applicant does not request to table their application, h.e
will recommend rejection of the approval, pending receipt of the plans.
Chairman Wische asked the applicants if they understood what has taken place
and they said they did and would consider a request to table the item until the
Board has an opportunity to look at the site plan. Mr. Rosenstock did not feel that
two weeks should make that much of a difference.
Attorney Cirullo informed the applicant that if this Board recommended denial, the
conditional use approval would go to the City Commission and the Commission
has authority to hold another hearing and could act in accordance with this Board's
recommendation,
Mr, Rosenstock said if the City Commission decides to recommend approval
without reviewing a set of plans, that is their prerogative as elected officials.
However, this Board are advisors to the City Commission and it is the Board's
responsibility to do the right thing.
After discussion between the applicant and Mr. Bessette, the applicant requested
that the conditional use approval be tabled until the next Planning and
Development Board meeting,
Mr, Rosenstock said he is not faulting the applicant or the architect, but this was a
negligent act on the part of staff and said that staff should be more cognizant of
their job and it was their mistake,
Chairman Wische noted that the applicant has requested that their conditional use
approval be tabled and that a motion had been made and seconded,
6
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28,1999
The motion to table carried 7-0,
Vice Chair Dube stated for the record that the next meeting would be January 11,
2000,
7. Old Business
A. COMPREHENSIVE PLAN - EAR- BASED AMENDMENT
1,
Project Name:
Agent:
Description:
Comprehensive Plan
City of Boynton Beach
Request to transmit the Evaluation
and Appraisal report (EAR)-based
amendments to the
Comprehensive Plan as required
to update the goals, objectives and
policies, and Future Land Use Map
in accordance with State law, the
Evaluation and Appraisal Report,
and City direction,
Mr, Rosenstock said he was not present at the prior meeting and asked if anyone
on the Board has read the document? Chairman Wische noted that Mr.
Finkelstein has read the document. Mr, Rosenstock said he is not prepared to
vote for this even though the City Commission approved the document without
reading it.
Motion
Mr. Rosenstock moved that this item be rejected at the present time and tabled for
further consideration.
Mr, Rosenstock requested that he be furnished with a copy of the document. Ms.
Galav stated that all Board members were furnished with a copy of the document,
but will furnish Mr, Rosenstock with another copy.
Chairman Wische inquired if there was a time limit?
Mr. Jim La Rue of 1375 Jackson Street, Suite 206, Ft. Myers, Florida took the
podium and stated that he, Gary Price and Mohsen Salehi are consultants for the
City and helped City staff prepare the document. Mr. La Rue said that the City
Commission did vote to transmit the document because the Department of
Community Affairs (DCA) will review the document and then submit their
comments. At that time, this Board would have some specific comments from
DCA and this would give the members an opportunity to go over their notes, Mr.
7
MEETING MINlJ rES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28, 1999
La Rue said that in dealing with DCA he has found that it is better to have specific
comments to deal with, The Board would be able to address those specific items
and would not be rushed.
Mr, Rosenstock noted that the process involves the City Commission approving
the documents, the documents are sent to DCA and DCA comes back with
comments, Mr. Rosenstock asked at that point is there a final vote by the City
Commission or is there revision of the Plan and then a vote by the City? Mr, La
Rue stated that when the revision comes back, it comes back to this Board for
comments and this Board would make recommendations to the City Commission.
Mr. Rosenstock asked what would happen if something was not included in the
initial submittal that should have been included? Mr. La Rue stated if this occurs,
he, or the City, would receive a notice within 10 days that the packet is not
complete, For clarification, Mr. Rosenstock said he questioned if something was
left out of the document, could the document be amended? Mr. La Rue said it
would be better to wait until DCA gives their report.
Mr. Rosenstock questioned if everything the Board talked about over the past two
years is in the document. Mr. Rosenstock said he is uncomfortable approving
something that he hasn't read.
Mr, La Rue said he was present at the last meeting, but because it ran so late he
did not speak on the item.
{
Mr, Hay requested that the Board hold a workshop with all parties involved and Mr,
La Rue said he would be agreeable to a workshop. There was a consensus on
the Board to hold a workshop. Chairman Wische asked when the workshop
should be held? Mr. La Rue said that the clock does not start ticking until receipt
of the document by DCA and then DCA has 90 days to review and submit their
report with recommendations and comments, It will then come back to the City
and the City will have 60 days to respond.
Vice Chair Dube felt holding a workshop would be moot because the document
has been submitted and it would be too late to include anything that the Board
may suggest. Mr. La Rue said the Commission approved the submittal, but the
document itself has not been physically transmitted. Mr, La Rue stated the reason
the Commission did this is to allow the Board time to discuss changes while DCA
reviews the document.
Mr. Finkelstein was under the impression that the Commissioners voted to send
the document to DCA because they felt during this time the Board could. study the
document and make changes, amendments and have questions ready.
Therefore, when the document did come back, all the Board's changes could be
8
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28, 1999
incorporated and then a final draft would be submitted, Mr, La Rue agreed with
this assessment of what actually transpired,
Mr. Finkelstein felt that it would still be necessary to have a workshop.
Mr, Rosenstock wanted assurances that if this Board came up with any new
concepts that the Board would like included in the plan, they could still be
resubmitted with the Board's revisions, Mr, La Rue said that this is possible and
that the Board could submit brand new policies that had not been previously
submitted,
Vice Chair Dube suggested that it would be better to receive the response from
DCA before having the workshop, Vice Chair Dube said that the workshop could
be set up during the 90 days while the document is being submitted,
Motion
Mr. Rosenstock moved that after considering the consultant's recommendations
that this Board table the review of the Comprehensive Plan - EAR - Based
Amendment (excluding School Siting & Intergovernmental Coordination) to a time
certain to be set by the Chairperson pending a return of the comments from the
Department of Community Affairs, Motion seconded by Vice Chair Dube. Motion
carried 7-0.
Mr, La Rue said that in the meantime, if any Board member had any comments,
please feel free to pass them onto staff,
Mr, Rosenstock asked Mr, La Rue who actually reviewed the Comprehensive Plan
in light of the needs of the City and was it his recommendations or those of the
City's Planning Department? Mr. La Rue said an evaluation and appraisal report
was done a few years ago and staff looked at items that had transpired in the
meantime including the Visions 20/20 Plan. These were all incorporated into the
Plan, Members discussed some of the items that had been incorporated into the
Plan,
8. Other
None
9. Comments by members
See above,
10. Adjournment
9
'.
MEETING MIf'.t>J rES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 28,1999
Motion
Vice Chair Dube moved that the meeting adjourn, Motion seconded by Mr.
Friedland. The meeting properly adjourned at 7:50 p.m.
Respectfully submitted,
'_ 4. (L.1.-ot--tt--(".~L fit. /')<.. a.-.L~~
Barbara M. Madden
Recording Secretary
(one tape)
. "
.."J>'
10
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two
(2) working days prior to the first publishing date requested below,
ORIGINATOR: Plannino and Zonino Division
PREPARED BY:
Michael Rumpf
DATE PREPARED:
November 24 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Conditional Use Approval for Scott & Catherine
December 14,1999 - Plannino and Development Board meetino and December 21. 1999-
City Commission meetino,
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc,) STANDARD LEGAL AD
SEND COPIES OF AD TO: Property owners (postmarked December 4, 1999)
within a 400 foot radius of the subiect property, applicant and the Plannino and Zonino
Manaoer.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: December 4,1999
APPROVED BY:
(1f~Z,PhJ.~L
(Originator) ,
II.k If/99
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-248
TO:
FROM:
Sue Kruse
City Clerk
Michael W. Rumpf hw"-)~
lJirector of Planning and Zoning
DATE:
November 24, 1999
SUBJECT:
Learning Depot Pre-School
Conditional Use 99-007
Accompanying this memorandum you will find an application and supporting documentation
for the above-referenced case. A check in the amount of $1,000.00 to cover the review and
processing of this application has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the
City Attorney. This request is scheduled for the December 14, 1999 Planning and
Development Board meeting and the December 21,1999 City Commission meeting, Please
advertise in the newspaper and notice property owners accordingly,
MWR:jma
Attachments
1TICE OF PUBLIC HEARING
Scott & Catherine Freeland, has requested the following property located at the northwest corner of Federal
Highway and Boynton Beach Boulevard be considered for Daycare Center,
Legal Description:
Lots 7, 8 and 9, of Woodcrest Manor, according to the plat thereof, recorded
in plat book 26, page 88, of the public records of Palm Beach County,
Florida, less the following described parcels:
Parcel 1 begin at the southeast corner of lot 8 and run westerly 150,55 feet on
the south boundary of lots 7 and 8 to the beginning of a curve, concave to the
northeast and having a radius of 25 feet; thence westerly and northerly 38.72
feet along said curve through a central angle of 880 43' 54" to the end of said
curve; thence northerly 9,94 feet on the west boundary of said lot 7 to a point;
thence north 890 50' 25" east 175,77 feet to a point on the east boundary of
said lot 8; thence southerly 34,02 feet on said east boundary to the point of
beginning,
Parcel 2 begin at the southeast corner of lot 9 and run westerly 85,00 feet on
the south boundary of said lot to the southwest corner thereof; thence
northerly 34.02 feet of the west boundary of said lot to a point; thence north
890 50' 25" east, 85,00 feet to the east boundary of said lot; thence southerly
33.85 feet on the east boundary of said lot to the point of beginning.
Proposed Use:
Day Care Center
A PUBLIC HEARING TO CONSIDER THIS REQUEST IS SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD AND THE CITY COMMISSION AT THE CITY HALL COMMISSION
CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON DECEMBER 14, 1999
AND, DECEMBER 21,1999, AT 7:00 P. M.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file
any written comments prior to the hearing dates, Any person who decides to appeal any decision of the
Planning and Development Board and 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 testimony and evidence upon which the
appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561 742-6260)
PUBLISH:
December 4, 1999
The Post
~~..
Loll:: v C1..Ut-'MENT ORDER OF THE CITY COMMISSION OF THE
CITY..DF BOYNTON BEACH, Fl "'~r~
PROJECT NAME: Day Care Center in R.1.AA Residential zoning district
APPLlCANrS AGENT: Scott and Catherine Freeland
APPLlCANrs ADDRESS: 4470 Gleneagles Drive
Boynton Beach, FL 33436
DATE OF CITY COMMISSION RATIFICATION: August 3, 1999
TYPE OF RELIEF SOUGHT: Code Review
LOCATION OF PROPERTY: N/A
DRAWING(S):
X THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board. which Board found as follows:
OR
THIS MATIER came on 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
-A- 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
-A- GRANTED subject to the conditions referenced in paragraph 3 hereof,
DENIED .
5, This Order shall take effect immediately upon issuance by the City Clerk.
7.
All further development on the property shall be made in accordance with the .tElf17J.s
and conditions of this order. .; { N ..,. 0 I///~ _
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DATED: a,~ / /997'
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~XHIBIT "D"
Conditions of Aporoval
Project name: Daycare Centers in residential
File number: CDRV 99-002
Reference: Letter of request from Scott/Catherine Freeland with a June 22. 1999 Planning and Zonimz Division
date stamo markinlZ
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
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
P ARKS AND RECREATION
Comments: None X
FORE S TER/ENVIRONMENT ALIST
.
Comments: None X
PLANNING AND ZONING
Comments:
1. Amend Article 2. Section 5, to allow commercial day care uses within X
the R-l-AAA. R-l-AAB, R-lAA-, R-I-A and R-I as conditional uses.
2, Minimum site size shall be one-half (0.5) acre, X
Jre Centers in residential
~ V 99-002
,ge 2 of2
e
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DEPARTMENTS INCLUDE REJECT
3, Building design shall be consistent with surrounding residential styles. X
4, Daycare uses, excluding those located within PUDs, shall be allowed X
within all zoning districts limited principally to single family homes, if
located along the following roadway types as designated in the City of
Boynton Beach Comprehensive Plan: state arterials, county arterials,
and county collectors,
5. A minimum separation requirement between commercial daycare X
business shall be 2,000 feet (this distance separation requirement should
not apply to daycare uses limited to specific groups such a church
members, and should not be intended to place restrictive limits on the
expansion/improvement of those uses existing prior to codification.
6, Similar buffer (wall) regulations for commercial uses that abut X
residential zoning districts should apply, and distances between outdoor
play areas and adjacent single family homes shall be maximized.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7, None, X
ADDITIONAL CITY COMMISSION CONDITIONS
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IISHRDA T AIPLANNlNGISHAREDIWP\PROJECTSIDA YCARE CENTEll-llESIDENTIALICOND. OF APPR.DOC
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