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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office MeetinlJ: Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon.) r8J February 13,2007 February 5, 2007 (Noon) D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 February 20,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) D February 6, 2007 January 16,2007 (Noon) D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business r8J Public Hearing D RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-215. EXPLANATION: 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 and the LWDD L-21 Canal. Request for a one (1) year site plan time extension for site plan and conditional use approval (COUS 04-006) granted on October 18, 2005, from October 18,2006 to October 18, 2007. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: Develop City Manager's Signature Assistant to City Manager /:1(~~.0 C A IF anmng an 0 ng rrector Ity ttomey mance S:\Planning\SHARED\WP\PROJECTS\Leaming Depot - Learning Place II\Learning Place II\SPTE 07-00 I \Agenda Item Request The Learning Place II SPTE 07-001 2-13-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-215 Chair and Members Planning and Development Board . U L--/ Michael Rump~ Director of Planning and Zoning Kathleen Zeitler I[~ Planner January 16, 2007 The Learning Place II (SPTE 07-001) Site Plan Time Extension PROJECT DESCRIPTION Property Owners: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road (see Location Map - Exhibit "A") Low Density Residential (LDR) Single-family Residential (R-l-AAB) No change proposed No change proposed 7,800 square foot Day Care Center 0.839 acre (36,588 square feet) Right-of-way for Lake Worth Drainage District (LWDD) Canal L-21, then farther north is a developed school (Citrus Cove Elementary School), classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-l- AA); Developed property classified Low-density Residential (LDR) and zoned Single- family Residential (R-1-AAB); Right-of-way for Lawrence Lake Drive, then farther east are developed lots for single-family homes (Lawrence Lakes Estates) classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); and Page 2 Memorandum No. PZ 06-215 The Learning Place II (SPTE 07-001) West: Right-of-way for Lawrence Road, then developed single-family homes (Sausalito) classified Moderate Density Residential (MoDR) and zoned Planned Unit Development (PUD). BACKGROUND Scott and Cathy Freeland (property owners) are requesting a one (1) year site plan time extension for The Learning Place II New Site Plan and Conditional Use Development Order (COUS 04-006), which was approved by the City Commission on October 18, 2005. The site plan approval was valid for one (1) year from the date of approval. If this request for a one (1) year time extension were approved, the expiration date of this site plan would be extended to October 18, 2007. The subject property is a vacant, undeveloped lot located on the east side of Lawrence Road approximately 1,100 feet north of Gateway Boulevard (see Exhibit "A" - Location Map). According to the staff report for the approved site plan and conditional use (COUS 04-006), the proposed Learning Place II was approved for a 7,800 square foot day care center on a 0.839-acre parcel in the R-l-AAB zoning district. The proposed nonresidential use is a conditional use in the R-l-AAB residential zoning district. Staff reviewed and evaluated the project according to the standards for conditional uses, and reviewed the site plan for compliance with the Land Development Regulations. The project was approved subject to 41 original conditions of approval. ANALYSIS According to Chapter 2, Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. A condition of site plan approval requires a period of one (1) year be allowed to obtain a building permit for the project. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Land Development Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 18, 2006, the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "B"), the applicant explains that the delay was mostly due to securing financing for the project, which has now been completed through Wachovia Bank, and an additional one (1) year is needed to complete the permit process. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division reviewed the project traffic statement during the new site plan approval process, but withheld approval of the project for traffic concurrency until additional information was supplied by the applicant. The Traffic Division's response to the submitted traffic statement required a revised traffic study prepared by a registered engineer in conjunction with the requirements of the Traffic Performance Standards, and a build-out date. A traffic concurrency determination, although discussed in the staff report in detail, was not included as a condition of site plan approval. Staff is therefore recommending a condition of approval for the site plan time extension that requires traffic concurrency approval, including a project build out date, prior to the issuance of a building permit for the project. The site plan time extension is still subject to the original 41 conditions of the new site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance, site plan approval occurred prior to adoption of Ordinance 05-060. Page 3 Memorandum No. PZ 06-215 The Learning Place II (SPTE 07-001) SUMMARY I RECOMMENDATION Staff recommends approval of this request for one (1) year time extension of the new site plan / conditional use (COUS 04-006) for The Learning Place II project. If this request for extension were approved, the expiration of this site plan would be extended to October 18, 2007. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "C"). S:\Planning\SHARED\WP\PROJECTS\Learning Place II\SPTE 07-001 \Staff Report.doc Exhibi"- "A" - The Learnir .; Place Location Map R1AA Single-family Residential SITE NOT IN CITY FLORAl DR ...... . . I . GATEWAY BLVD 720 I Feet N w+, o 90 180 ~-- 360 540 5 -'-" ~~~:- :n!:"'~=~ . Ii! 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U !j\ ~~_~ ~I: ~m~ i!~Q ~~t: ~1!~ J~hLn - ~ h~ f< HUa~~~~ ~~! 2' !: - "';;l -! i!~.EQff'.. i ~ I " ~ i- ~i Ih ~~~~iiih~1 i i ;;H ~ " 1iI!!~~a1!~ ~~ 1= iii" .... II: ~m ~iii3E~ ~m i :';;U'i if 1i~~I~ ~iii ~ P ~n:~ ;; i L" .. ~ I ih~i il!:! !l -: ~ r -- !j\~ iii ~~(I I ~E ~ m hIi EO: F ~ > fE I ~ .... . ~I i i ~g ~ ! " .... i z ~ '" '" ~ .... ~ ~ . .. o o n > ~ r;- ... EXHIBIT "B" z L^WRENCE RO^D ( eo' R /w I TO HYPOLUXO RO^D 1~!li~~~ .,1 :ll~", ,,~ Ii' ~1- :;il'!;d;:~ 11ll'",~_\!~ il~-I~... _ ~Qa::'~i i~ij~~I~ ~Ij,.ti i i:;"e~iil; l"~~!~' :~ ~~hlhi ~Ui!!il!la ~~ !!!-~~ S~~~i!!h !! i!Qi!!....!!l i!l$iFS~~iii iiiii~~I:g ~!j\;~~;li'; n~rihi ~Fii!Ei& . JSinr i!lj\J!U! 1!ll11i~ m . EXHIBIT "B' The Learning Place n 10855 Canyon Bay Dr. Boynton Beach F1.33437 Dear City Commission, 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 EXHIBIT "e" Conditions of Approval Project name: The Learning Place II File nurnber: 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 FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time 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. S:\Planning\SHARED\WP\PROJECTSlLearning Place II\SPTE\COA.doc To the City Clerk - City Of Boynton Beach AFFIDA VIT RE: Property Address: Project Name :!h.-c Lee-: \'\\~~\~ -S~c>"" \ . I/We, the undersigned do certifY that to Qe best of my kn~, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and property owners within at least 400 feet of the above-referenced subject property. This reflects the most current records on file in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 1 0 days in advance of the public hearing. Site signs were posted on the premises 10 days in advance of the public hearing in accordance with City Ordinance 04-007. Attached are photographs of the signs showing their placement on the property. Sir;lY, ~ 1 Applicant! Agent Notary Public, State of Florida ,... -~..................................... : KARVEl SAMUELS : : ....,...~ "--,, : . f.~~v P~<2-' ........"'... 000349220 : i ,-?~~! Elcpkea 8/2312008 : : ~:~.gf Bonded IIru (800)432-4~"; : ~"",Rft;;-~ Florida Notary Assn, : JZ;FS:;;Z-;;bO' ~7-VV 00 Cc: Planning & Zoning Department S:IPlanninglPlanning TemplateslP&Z letters and memoslAFFIDA VIT.doc NOTICE OF PUBLIC HEARING ADVERTISEMENT Scott and Catherine Freeland have requested the following property located on the east side of Lawrence Road, immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal, to be considered for a Day Care Center. Legal Description: THE WEST 346.5 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; LESS THE SOUTH 142.00 FEET, AS MEASURED AT RIGHT ANGLES, OF THE WEST 346.5 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND LESS THE NORTH 70.00 FEET FOR CANAL RIGHT-OF-WAY AND LESS THE WEST 40.00 FEET FOR LAWRENCE ROAD RIGHT-OF-WAY SUBJECT TO THE EASEMENT OF THE EAST 6 FEET OF THE WEST 346.5 FEET OF THE NORTH % OF THE NORTHWEST % OF THE NORTHWEST % OF THE SOUTHWEST % OF SAID PROPERTY Proposed Use: 7,800 square foot day care center A PUBLIC HEARING TO CONSIDER THIS REQUEST IS SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD ON SEPTEMBER 27, 2005, 6:30 P.M. AND THE CITY COMMISSION IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY WILL ALSO CONSIDER THE REQUEST ON OCTOBER 18, AT 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH FLORIDA. 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. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742- 6268. at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561 742-6260) 'rnl r~ rr,i r~ n ;\17 [[~ r~ . I ~ ~ [~ II , I r, r-, I _'_.. '. I... I 0<. r-- - -.----.-.---1 I " i ' Iii j ::; i ! r :' SEP I 6 '"'~ni I . : l'l I,. 'UI PUBLISH: September 17, 2005 The Post l.___.__.. ___...._.._ r,r-C',\ f.' t'., t '--.- -. cc: City Commission, City Attorney, Mike Rumpf, Agenda File, Original to Legal Ads File s:\CC\WP\legal ads\P&z ADS TO THE POST\2005\THE LEARNING PLACE - COUS 04-006 - NOTICE OF PUBLIC HEARING. doc NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, January 23, 2006 at 6:30 p.m. The City Commission will also hear the request on Tuesday, February 13, 2006 at 6:30 p.m. or as soon thereafter as the agenda permits. Both meetings to be held in the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request as submitted by Scott and Catherine Freeland. The request is described as follows: LOCATION: East side of Lawrence Road, immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal. REQUEST: Site plan time extension for 7,800 square foot day care center. This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request.