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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. ~.... ,,",ON 8/2'. "~~ ~ ..J.. ~ ............ ", 0 ~ 7. Other ~ l"\ ,..~T~.... 1- ~ ....... ^"" ..0 ...\... -. """J -g::- <:::- . ii u.. /0 \ = . / _ , / _ ~ ~.~ % ~ \~ ~rz,f;).J ~ ~ DATED: //c:?('o/.A?LP~t!:7 ~.AU'~~~~~,,;...... ~"",'~Qff City Clerk ~ F\.O #' 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///~ _ ......... ~ ~ . -:...DO~'~' <9 ~ .-cpt"" ~''''% '^ ~ :~ ,; '; ~ , o- J! :r::g ~, ..... 1920 ff :. .... ~ "/ ....... ~ ~ ~~ 0;,/-:'/ ~LOR\O"'~~~ ~ ~ity Clerk b:2~ 1111":;1/11\\\\\\\\'\ Other 6. DATED: a,~ / /997' --- . ",... ~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 6R~ 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 8, T.. 1.. ,ldcllllillp.1 ~1II'~e ,/' IISHRDA T AIPLANNlNGISHAREDIWP\PROJECTSIDA YCARE CENTEll-llESIDENTIALICOND. OF APPR.DOC --.-....------