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Boynton Delray AcademyDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · APPLICANT'S AGENT: Boynton Delray Academy Mr. Marty Madura with Advanced Modular Structures, Incorporated AGENT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval to construct a 8,640 square foot modular building for a charter school a 0.87-acre lot in the R-2 zoning district LOCATION OF PROPERTY: The northwest comer of Martin Luther King Jr., Boulevard and Railroad Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO ThiS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The applica, nt u,'"' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's _. application for relief is hereby ,,,/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED: S:XPlanningkSHARED\WPkPROJECTSkBoynton Delray Academy\COUSXDO.doc City Clerk 1 in. = 125.0 feet III 4 2 C2 LOCATION MAP .... BOYNTON DELRAY ACADEMY EXHIBIT j!. EXHIBIT...,B" .il EXHIBIT "B" ;::: ::;:;:: li~ iii Ii illlli Iii ii mJ i,!i ii: :mij,,,,, jj !ill jJjJ ii'j ~lli Iilli Jlj ~;~ {,iHI[~I / Iltl I BUILDING ELEVATIONS DELRAY BOYNTON ACADEMY ~ L~thff King BoulevdN'd ! ' I I I I FLOOR PLANS DELRAY BOYNTON ACADE~IY If. ertl, Leth®r KI,tg Bo,levefd I ! I !I I I ' ! ' I ' ! 'i!1 EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: COUS 03-008 Reference: 2na review plans identified as a Conditional Use with a November 18, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. 2. Provide additional right-of-way along the east property line so that the X sidewalk is within the public right-of-way. 3. Provide appropriate signing at the intersections of NE 11th Ave./Railroad X Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional right-of-way along the north property line and widen the X roadway to a minimum paved width of 24 feet and place the sidewalk within the public right-of-wa7 in accordance with Standard Detail P-1. ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 9. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design COA 01/22/04 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 11. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for imgation. 14. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. 15. 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 Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 16. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction ~ needed in order to service this project. 17. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted plans. COA 01/22/04 3 DEPARTMENTS INCLUDE REJECT 18. PVC material not permitted on the City's water system. All lines shall be X DIP. 19. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 20. Water service to the site will not be allowed from the existing 20-inch water X main in Railroad Avenue. Service shall be via the existing 6-inch water main located on the south side of Martin Luther Kin[~ Boulevard. 21. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they Will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 22. Buildings, structures and parts thereof shall be designed to Withstand the X minimum Wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. Sheet E-1 - Light poles shall also be designed for compliance With wind load requirement of 2001 FBC, Section 1606. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. Indicate water source on the plan. 24. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. At time of permit review, provide a completed and executed CBB Unity of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that COA 01/22/04 4 DEPARTMENTS INCLUDE REJECT is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 26. This is a manufactured building. Submit copies of plans that have been X approved by a State certified third party plan review and inspection agency per 2001 FBC, Section 428 and F.A.C., Rule 9B-1. 27. Submit setup/tie-down details to ensure the manufactured building complies X with the wind load requirements of 2001 FBC, Section 1606. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 28. Approval of this project is contingent upon the approval of the accompanying X request for the abandonment (ABAN 03-012). 29. Staff recommends that a period of one (1) year be allowed to obtain a X building permit for this project. 30. For the Martin Luther King, Jr. Corridor, the Heart of Boynton Master Plan & X Schematic Designs recommends specific uses, building massing, and architectural design guidelines. In particular, it recommends a "Floribbean" architectural style. Therefore, staff recommends incorporating more "Floribbean" design elements into the architecture of the building. 31. If approved, a Unity of Title would be required prior to the issuance of a X building permit. 32. Provide an itemized list of the areas (expressed in square feet) of each use of X the classroom, office, bathrooms in either the site plan (sheet SP-1) tabular data or on the floor plan (FP-1), 33. A traffic impact statement for the proposed use must be approved by the Palm X Beach County Traffic Division prior to the issuance of a building permit (Chapter 4. Section 8.F.). 34. All signage is subject to review and approval of the Community X Redevelopment Agency and City Commission (Chapter 4, Section 7.D.). COA 01/22/04 5 DEPARTMENTS INCLUDE REJECT Since no signs are proposed at this time, all future signage would require a major site plan modification. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 2.B. 35. The signature trees (yellow tabebuia) shall have a minimum of eight (8) feet X of clear trunk to preserve the clear sight area. 36. Staff recommends that the exterior finish of the dumpster enclosure matct X that of the required buffer wall and that the proposed color match the color of either the buffer wall or the main building. 37. Staff recommends that a row of 24-inch tall hedges be installed along the base X of the proposed buffer wall (on its east side). The developer may choose the species provided that the 50% native species limitation is maintained throughout the project. 38. Provide a detail of the six (6) -foot high buffer walls. Staff recommends that X at the time of permitting, the applicant would be required to submit a detail of the wall. Its appearance would be subject to review and approval of the Planning & Zoning Division. Provide a decorative end-cap to six (6) foot wall terminus at entrance off of Northeast 11t~ Avenue, such as a pillar or column with a decorative top-cap. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and / or the proposed building. In any case, the wall must be setback at least two (2) feet from the property line (Chapter 2, Section 4.L.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of December 9, 2003 CRA meeting: 39. Tabled to January 12, 2004 CRA meeting, staff to work with the applicant to X improve the project design, which includes building aesthetics (to properly reflect the gateway location to the MLK Corridor and Heart of Boynton Redevelopment Plan Design recommendations), and improve the vehicular stacking related to the student drop-off area, if possible, minimizing the impact on Railroad Avenue. 40. The applicant is to request that the School Board allow the City's CRA Board X the first right of refusal should the Charter School fail and the property ownership reverts to the School Board. If the City Commission approves the application as submitted, the Board requests the above referenced items be conditions of the City Commission's approval. COA 01/22/04 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of January 13, 2004 CRA meeting:: 41. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. Omit condition #30 and approve the project as amended by the revised X elevation drawings presented at the Public Hearing on 1/20/04 and dated/date stamped 1/20/04, subject to any comments fi.om staff. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy~COUS\COA.doc EXHIBIT D EXHIBIT D .m p p .m ~.