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
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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
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: KARVEl SAMUELS :
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. 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)
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PUBLISH: September 17, 2005
The Post
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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.