LEGAL APPROVAL
The City ofBoynto.,tBeach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton-beach.org
September 27,2007
Mr. Everett Jenner
2647 NW 41 st Street
Boca Raton, Florida 33434
RE:
File No.:
Location:
St. Therese of Liseux Early Learning Center
CODS 07-002
3452 W. Boynton Beach Blvd.
Dear Mr. Jenner:
Enclosed is the Development Order granted by the City Commission on September 18,2007. The conditional use/site plan
approval is valid for eighteen months from the date of final approval. In order to maintain vested status, a building permit
must be secured or an extension granted within the approval period.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sffi()L
~haei W. Rumpf
Director of Planning & Zoning
Ene. DO w/COA
CC: Dr. Ka Hock Go 3452 W Boynton Beach Blvd.
S:\Planning\SHARED\WP\PROJECTS\Dr. Ka Hock Dy Go Office\St Therese of Liseux Early Lmg. Ctr MSPM-COUS 07\Approval Letter.doc
DEVELOPME"'~ ORDER OF THE CITY COMMISFHi\N OF THE
CII ( OF BOYNTON BEACH, FLORIDJ.\
PROJECT NAME:
St. Therese of Liseux Early Learning Center
Developmei
P&Z
Building
Englneerln~
Occ. Llcensl
Deputy City c
APPLICANT'S AGENT: Everett Jenner
,4
APPLICANT'S ADDRESS: 2647 NW 41st Street, Boca Raton, FL 33434
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18, 2007
TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval to allow
conversion of 7,098 square feet of an existing 13,170 square foot office building for a daycare use, on
a 2.04-acre parcel in the C-1 zoning district.
LOCATION OF PROPERTY: 3452 W. Boynton Beach Blvd.
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DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
x TH IS 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
K- 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
X 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. Other
DATED:
Cf-c1I-07
Yn. /{~
City Clerk
S'IPlanningISHARED\WPIPROJECTSIBoynton BaylLUAR 07-002100 Master Plan.doc
EXHIBIT "e"
Conditions of Approval
Project name: 8t. Therese of Liseux Early LearnIng Center
File number: MSPM 07-002 COUS 07-002
Reference: 2nd review plans identified as a Maior Site Plan Modification and Conditional Use with a June
26, 2007 Plannin!! and Zonin!! Denartment date stamn markinQ:.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments:
1. There is an existing Mahogany adjacent to the proposed dumpster X
enclosure that will present a vertical conflict with solid waste pickup
equipment. Please relocate this tree appropriately.
PUBLIC WORKS - Forestry
Comments:
2. Indicate, by note on the Landscape Plan, that within the sight triangles X
there shall be an unobstructed cross-visibility at a level between 2.5-feet and
8-feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.).
3. Per the LDR, Chapter 7.5, Article II, Section 5.C.S. Cypress mulch is not X
nermitted.
4. Staff strongly recommends placing canopy trees far enough back from X
drive aisles to minimize the potential for vertical conflicts with high profile
vehicles.
PUBLIC WORKS-Traffic
Comments: NONE X
ENGINEERING
Comments:
5. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
COA
08/24/07
2
DEP ARTMENTS
INCLUDE
Comments: NONE
x
BUILDING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate X
additional comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
7. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
8. On the drawing titled site plan identify the property line. X
If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
B The total amount paid and itemized into how much is for water and
how much is for sewer. (CBBCO, Chapter 26, Art. II, Sections 26-34)
9. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City computer
provide a copy of the recorded deed for each lot, parcel, or tract. The
recorded deed shall be submitted at time of permit review.
10. Pursuant to approval by the City Commission and all other outside X
agencIes, the plans for this project must be submitted to the Building
Division for review at the time of permit application submittal. The
plans must incorporate all the conditions of approval as listed in
the development order and approved by the City Commission.
II. Toilet rooms, sinks, etc. shall comply with Chapter II for Handicap X
Accessibility. Water closets, lavatories and sinks for children's use may be
designed using the Americans With Disability Act Accessibility Guidelines
for Buildings and Facilities: Building Elements Designed for Children's Use.
Refer to 36 CFR Part 1191.
P ARKS AND RECREATION
Comments: NONE
X
FORESTER/ENVIRONMENT ALIST
Comments:
12. The applicant should provide landscape and irrigation design X
improvements along the elevations shown on sheet A-3.
13. All existing trees / vegetation in the improved portIOn of the site should X
be relocated to other locations (shown on the plan) along the perimeter of the
property.
REJECT
COA
08/24/07
3
. II
DEP ARTMENTS INCLUDE REJECT
14. All of the existing landscape and irrigation improvements on the entire X
site wIll be inspected for acceptable quality as part of the project final
inspections. This note should be added to the landscape sheet LS-l.
PLANNING AND ZONING
Comments:
15. Landscaping at project entrances shall contain a minimum of two (2) X
colorful shrub species on both sides of the entrance and a signature tree. Note
that signature trees do not contribute toward the total number of required
perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II,
Section 5.0.). Provide a signature tree, such as Yellow Elder, Tibouchina
granulosa, or Bougainvillea at each side of the project entrance. These
signature trees shall have a minimum of six (6) feet of clear trunk to preserve
the clear sight area (Chapter 7.5, Article II, Section 5.N.).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. ~ I I I
S:\Pianning\SHAREDlWP\PROJECTS\Dr. Ka Hock Dy Go Office\S! Therese of Liseux Early Lrng. C!r MSPM-COUS 07\COA.doc
Exhibit "A" - St. Therese Dav Care
Location Map
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
Ms. OJ Nizo responded they serviced swimming pools, not install them and she took
exception to staff accepting the word of a caller as opposed to a written letter. Vice Chair
Hay assured Ms. Di Nizo as did the other applicants, their decision was not based on a phone
call, but rather on the other issues involved.
Motion
Mr. Saberson moved to support the staff recommendation to deny the request. Vice Chair
Hay seconded the motion that unanimously passed.
B. St. Therese of Liseux Early Learning Center (Heard out of Order)
Conditional Use
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
St. Therese of Liseux Early Learning Center
(CaUS 07-002) Dr. Ka Hock Go
Everett H. Jenner
Dr. Ka Hock Go
3452 W. Boynton Beach Boulevard
Request conditional use / major site plan modification
approval to allow conversion of 7,098 square feet of an
existing 13,170 square foot office building for a daycare
use, on a 2.04-acre parcel in the C-1 zoning district.
Chair Wische reviewed the application and explained there were 15 conditions of approval.
He asked the arpiicant \Nhether he was in agreement with those conditions.
Everett Jenner, agreed with the conditions of approval.
Gabriel Weubben, Planner, summarized the background and advised stc::ff reviewed the
use and found no detrimental affects to the surrounding neighborhood. He explained
Palm Beach Co:..:nty found this in compliance and noted there was adequate parking. Staff
was supporting the project subject to the conditions of approval.
Chair Wische opened the public hearing.
No one coming forward, Chair Wische closed the public hearing.
The board noted the Americans with Di~abilities Act did not have fixed regulations and
asked if he was gearing the interior facilities to young children. Mr. Jenner responded
they were.
Further discussion ensued regarding the appropriateness of recommending a conditional
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
use when other regulatory agencies were involved. The board was aware there were very
specific needs for the facility, and Mr. Jenner indicated he had some homework to do on
the specifics of the interior planning of the building. They would be subject to inspections
and regulations.
Mr. Rumpf explained this review was limited to City requirements and the review criteria for
conditional use applications.
The playground matting was discussed. Mr. Jenner explained the mats were interlocking
and were made of a heavier and thicker material than the regular mats were. The mulch
was for the soft areas.
Motion
Vice Chair Hay recommend approval of the requested conditional use/major site plan
modification approval to allow conversion of 7,098 square feet of an existing 13,170 square
foot office building for a daycare use, on a 2.04-acre parcel in the C-l zoning district with
all staff comments. Mr. Casaine seconded the motion that unanimously passed.
6. Old Business
A. Open-air Structures
Code Review
1. PROJECT: Open-air Structures (CDRV 07-003)
AGENT: City-initiated
DESCRIPTION: Request to amend the Land Development Regulations
Part III, Chapter 2. Zoning. Section 4.6 by the addition
of provisions and regulations for "Open-air
structures' that will include pavilions, gazebos, and
tiki/chickee huts, and corresponding setbacks and size
criteria.
Chair Wishe presented the request.
Mr. Rumpf explained this item '^!as reviewed by the eRA and was sclleduled hr
Commission review in September. An ordinance has been drafted. He c:dvised there were
no substantive changes but they did not have -~.l answer in reference to f1ammabi:ity. The
matter was discuss.:::d with Fire cficials, but given the fact it is (l single-fc.;mily zoning
district, it is not given the same scrutiny of review its commercial counterparL:' would
6