LEGAL APPROVAL
The City of BoynttJn Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
March 8, 2007
Scott and Cathy Freeland
10855 Canyon Bay Drive
Boynton Beach, FL 33437
RE:
FileNo.:
Location:
The Learning Place II
SPTE 07-001
85 I 8 Lawrence Road
Dear Mr. and Ms. Freeland:
Enclosed is the Development Order granted by the City Commission on February 13,2007. This approval extends the site
plan and conditional use approval(COUS 04-006) granted on October 18, 2005, from October 18, 2006, to October 18, 2007.
In order to maintain vested status, a building permit must be secured or an extension granted prior to this expiration.
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 this new Development Order, including these conditions, must
accompany the submission of the fully amended site plan set, as well as the original Development Order and associated
conditions. 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 TART
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 stafffor 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.
S ineer;..,l.YY r--71
I t1....Jf_J <::.-.
Michael W. Rumpf
Director of Planning & Zoning
Ene.
S \Planning\SHARED\WP\PROJECTS\Learning Depot - Learning Place I1\Learning Place I1\SPTE 07-00 I \Approval Letter.doc
PROJECT NAME:
DEVELOPrv'I":NT ORDER OF THE CITY COMMJ....~ION OF THt Development
-. TY OF BOYNTON BEACH, FLOR.LJA ~~I~lng
Engineering
Occ. License
Oeputy City Clerk
The Learning Place II
APPLICANT'S AGENT:
Scott and Cathy Freeland
APPLICANT'S ADDRESS:
10855 Canyon Bay Drive, Boynton Beach, FL 33437
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT:
Request a one (1) year site plan time extension until October 18,
2007, for construction of a 7,800 square foot day care center on a
0.839-acre parcel in the R-l-AAB zoning district.
LOCATION OF PROPERTY:
8518 Lawrence Road (east side of Lawrence Road, approximately
1,100 feet north of Gateway Boulevard).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff
and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent
with the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4. The Applicant's application for relief is hereby
...............GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: c1-lfo -07
S:\Planning\SHARED\WP\PROJECTS\Learning Place II\SPTE 07-001\DO.doc
"
....,
EXHIBIT "e"
"
Conditions of Approval
Project name: The Learning Place II
File number: SPTE 07-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan tirne extension shall be subject to all previous Conditions of X
Approval.
."'"
"'\
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Prior to the issuance of a building permit, provide a traffic analysis and notice X
of concurrency approval (Traffic Performance Standards Review) from Palm
Beach County Traffic Engineering.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~ t"Aw II
U I
S.\Plannmg\SHARED\WP\PROJECTS\Learnmg Place II\SPTE\COA.doc
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EXHI81T "6
"\
The Learning Place IT
10855 Canyon Bay Dr.
Boynton Beach F1.33437
Dear City Commissio~
We are requesting an extension on our conditional use approval
to finish the permit process .of our project. The reason for the
delay was mostly due to securing financing which has been
completed through Wachovia bank. The landscape plan and the
irrigation plan have also been completed. We are intent on moving
forward with this project and would need an additional 12 months
to complete the permit process. Thank you for your cooperation
on this matter.
Sincerely,
Scott and Cathy Freeland
Meeting Minutes
Planning and Development
Boynton Beach, Florida
January 23, 2007
advise the permit was on hold until revisions could be made to the setbacks. The permit
was in the system for several months before it expired and at that time it needed to be
renewed and a letter generated advising the applicant of such.
Mr. Blehar commented this situation occurs frequently and prospective homeowners are
not made aware of such issues when the homes are listed. Ms. Grecvic, a realtor, took
exception to the comment. Mr. Blehar felt problems with property were never disclosed
to the buyer.
Attorney Tolces advised while realtors and builders have certain obligations to disclose,
the prospective homebuyer also had a concurrent obligation to conduct due diligence to
discover whether permits existed for the structure they were purchasing.
Motion
Mr. Cwynar moved to approve the request for relief from Chapter 2, Zoning, Section
s.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20
feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen
enclosure on property zoned R-I-A. Mr. Casaine seconded the motion.
Attorney Tolces recommended including in the motion they make a specific finding as
provided in Chapter 1.5, Article 1, Section 4.1D.1A-G, that the application for the
variance meets those requirements.
~
Mr. Cwynar amended his motion to incorporate the recommended language into his
motion. Mr. Casaine amended his second. The motion passed 6-1 (Mr. Blehar
dissenting).
B. The Learning Place II (SPTE 07-001)
Site Plan Time Extension
1.
Project:
Agent:
Owners:
Location:
Description:
The Learning Place II (SPTE 07-001)
Scott and Catherine Freeland
Scott and Catherine Freeland
8518 Lawrence Road; east side of Lawrence Road,
immediately south of Citrus Cove Elementary
School and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension
for site plan and Conditional Use (COUS 04-006)
approval granted on October 18, 2005, from
October 18, 2006 to October 18, 2007.
Attorney Tolces administered the oath to individuals intending to testify who were not
previously sworn in.
7
Meeting Minutes
Planning and Development
Boynton Beach, Florida
January 23, 2007
Chair Wische read the request and reminded the applicant that all prior conditions of
approval applied.
Scott Freeland, 10855 Canyon Bay Lane agreed to all the conditions of approval.
Kathleen Zeitler reviewed the request and explained financing caused the delay. Staff
recommended approval of the request subject to all prior conditions of approva, a traffic
analysis and notice of concurrency approval be provided prior to the issuance of a
building permit.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Mr. Casaine moved the request for the one (1) year site plan time extension for site plan
and conditional use approval granted on October 18, 2005, from October 18, 2006 to
October 18, 2007 be approved with all staff conditions. Mr. Cwynar seconded the
motion that unanimously passed.
C. Fire Station #S
Community Desion Plan ADoeal
Description:
Fire Station #S (CDPA 07-001)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request for Community Design Plan appeal
approval to allow overhead bay doors to face High
Ridge Road.
1.
Project:
Agent:
Owners:
Location:
Chair Wische read the item and announced the request would allow the overhead bay
doors to face High Ridge Road.
David Stump, Sr. Project Manager for the City of Boynton Beach, explained the
operating doors would directly face High Ridge Road. In the process, they developed an
hourglass concrete outlet onto High Ridge Road to minimize the view with the doors
being open. He explained the main issue was that during emergency situations, timing
was of the essence. It was practically impossible to utilize a side entry garage with the
size of the vehicles. They added extensive landscaping in the area.
Ed Breese, Principal Planner, announced staff recommended approval of the request
based, in part, with the response time. With the addition of the hourglass driveway,
additional landscaping, and construction of pilasters between the doors, the fa~de was
8