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Deliverance by Faith ....L- Y ....L"-JrfVICN J Ut(UI:K ut- THE CITY COMMISSION OF THE _ CITY OF BOYNTON BEACH, FLORIDA ~e;~opment BUfldlng EngIneerIng Occ. LIcense PROJECT NAME: Deliverance by Faith Deputy City Cleric APPLICANT'S AGENT: Michael Sipula - JMS Architecture Design, Inc. ---------- APPLICANT'S ADDRESS: 10800 N. Military Trail #211 Palm Beach Gardens, FL 33410 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2,2006 TYPE OF RELIEF SOUGHT: Request Conditional Use! New Site Plan approval for construction of a 1,712 square foot daycare center and a 3,538 square foot church, on a 28,995 square foot parcel in a C-2 zoning district. LOCATION OF PROPERTY: The south side of Northeast 10th Avenue between Seacrest Boulevard and Railroad Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. /' 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: 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: q -OJ-ob S;\Planning\sHARED\WP\PROJECTS\Deliverance by Faith\COUS/NWSP 06-006\DO.doc I i 1 in. =: 113.0 feet 1_ l I ( I - ~--_._-~ '-------,-, -...,.---_.~----_._---_._-~._---_. -- ---- ~ .J: r ! ! ~ ~IN LUTHER KING JR BLVD i_ Deliverance by Faith EXHIBIT A Ii ---- ------ ~ ROeERT Kl1.S 'SU8OfYISH)H CP\.Al 8(X)K 11, PAGE filS) LOCAl. REl'" C<lWlIIJlC:k (UlC) UiHD US[ 'C2"m NOCWllORHOOO ctMlDlCW. 0!$TllICl ZONING -.., q ~ :~ 3 ~2 II ~~.. :1. "!!& ~il'~ IiI :; ~ I~~ ~I :11( ~n : . : : ~~t' t I 8~" : : Ni~ :!i - I i I > l: ) (ii.Jp: ~; " r I .:.. t : - .llll' ! '. I~ li,III~; ,/.: tli foi' l_ ,'.._ .~. .. '-~05~ ..P.L ROlllRT WEllS Sl-....oN (PlAT """" 11. POa 1I6) LOCAl. REf'" __ (UlC) IN'l> US( "'cZ'", HEJQfBORHOOO caa<<JlCW.. DfS1RtCT ZOMNC [t = i: $.~I ~ . ~ f .~~ .. " ~ . ~ U> --< ,.. :Ii % C' I ! ~ ~~ EXHIBIT B 'g h ::1 o % :r > " I I J I ;! II rJl1 iemalj I "I t!I 9 ~If! ~~I ~II g,' . iifl I IIi I U i I aii] r 111(11' II ' ,IIlI . I I" I.f i. ; J II) J f: rSI '11~t!l(1 .L.iJlf" ii ~~ ~ f it i; flU;;: r IIIJIJrl ju.i II~ Irl'l (i Iii !},h'l' [ ~ u:=} J I j II I~~ i:11... o % J ':~i:~lllgl . ,ii, ..... 1'1; ,.. '!I:I: 19 illl IIPI: .:. In' ..' ,I I f lEU I'I ~ nu ~ f ( J 'I!! II! : lIii - if drH I" Ur. ! Ii HHH J!~' l~ .~r h.I._-.1 . uil t: IU (.~ f 4 nli 5 '~~-I : .~~ f!: I" ~~. ~!!I · m I III t Ilf) fl, H, I' 1- ; I I h. III I · I r!. I! I 1 - i f I . 15 15>>1:1. 11~i li:1I _~ .....! o. I i I ell i . \!!! i i m: m. ~i ." l_ g ~ % ~I~ _1UN_ "DEl..JVERANCf BY FAmf" auK:H LOT 2 IIOIlBIT WEl.l.S' SUlDIYISJOH. PlAT IIOOt( .. "AGE Ie I~;I! ~ ~ I ~ . :z I r ~ ~ ------ ----~~ ~ ---::-~~ -- ~__~-::~_.m__._ ----.-------- ~ p! f ~i f .: ! ~N t . t ,:1 I d~1 'ii , j ~ -'--::_----- ---------- EXHIBIT B [--===~~ ~ ~~,~ ~ ----- ~ -- ~ - ~ ~ ~ 1------------ ~ ~ ~ t [7 -......- "DELlVEJlAHa: IY FNTli OUCH lOT 2 JIOIERT WEl.LS' IIUlI:lMIJOt4. I'LA T lOOK II. 'AtE ee 'i '. I' I , I! ili i I I 'I' t!t t Ii I' ~ ~t Illit :t 1I'Ii Iii ~ Mlft~.I'lail" Ila mill! !I i,1 b Ilslllii !111151 !c"Ct .,111,' ~ I a. I,' 11 I I !!Icill' hiilllll'i 11'"'11 Illall ~: 1,6,1.111 .1 ~i'I:lllli II ~1'I~i II.! I; 'I !., i 1111 J i i Ii ! 15 I J I ." I t i ~. I! I Ii ;111 ' I di f ~ ~ ;'111 i I !. ~. II'mJYllfil; ! ~4 ~f m iI!f 1,1 !l11tI 'I' 91 R PJ 'III 1i11 ~ IH ulnln I" H i !;Ill ;1: g;1 R II m nIt I:! m;!t!,l I. If , , t Jal ,'I! it ..IU Llj "I it iiI~ S iilJil1fl bUr-l I I :t J'I'P. II Ii r. '. f''''! . l:!l ;;1 !! ~ jf~ j. H . l .1. U r Ifl Ifr. , I ,. Iii III' II ~'ii != iil J itl, b II I II "l II I! I ,I' Ii! il n1~1lmm ~! II I J I,D tP. t .1 " "'~' 'II II ! ..--1 IiI I tilll~;~11 U i i ~i L1JQl I I ~11~1 EXHIBIT B !~ 2 ~ II i (1 , : ., : -1i I !~II . J ,1,1 . . om III" ! ill. i nl. I !ftl 1 ~ i U ~l i " l i ~ L " iiU I I , i i I I ~ -I '.1 -lin',1 I', II. I II ~:::::I :, :1 ~~:I ~~~. : i r ; r {UtUi If f III IIf !! f 1IIr:. 11 i iH 11, r:IM !j' I "I' I1j JIll J i( f f , J II , .. .... .' . fl" ".. / I 'ln~n ;l ; J: Ji;: co,... J' t rtJ '.. · . ~o' n t. I'" i ' ". I · " ;u t . I f'l ." ~ J I jJJ f I j m I 111111111151 DELIveRANCE BY FAITI-I CI-fU~1-f 1 f!I1 qil 'II (f!ll' 'U;I ecmnON~I'L~A U.- ''-' J' jPlf I, PLANTI4Ci I'V.'l - i vi J I - I!! ... m r- c; :r: ;:j z: C> ;p a ~ ~ ~ I I r I I ~ l:'" r: r : ~ !:' t: -l:--~-C"- r- ~ I~ I:! i~ .. { 1 · J~ EXH IBIT B j j o~ t 1 lilt fUN_ "DB..lVERANcE IY FAmr aulCH lOT 2 80IlERT WBJ..8' SUIDMStON. PLAT lOOK II. PAGE. eo EXHIBIT "e" Conditions of Approval Project name: Deliverance by Faith File number: COUS/NWSP 06-006 Reference: 2nd review plans identified as a Conditional UsefNew Site Plan with a March 21, 2006 Planning and Z d ki omng ate stamp mar ng. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a), PUBLIC WORKS- Traffic Comments: 2. Provide an updated notice of concurrency (Traffic Performance Standards X Review), which includes the daycare operation, from Palm Beach County Traffic Engineering, prior to issuance of the first permit. UTILITIES Comments: 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4, A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 5. 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. 6. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT POLICE Comments: None X ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets, 8. Please note that changes or revisions to these plans may generate additional X comments, Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 9. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section S.H.) using a 35-foot sight triangle at the driveway onto MLK Blvd. 10. Provide an engineer's certification on the Drainage Plan as specified in X LDR, Chapter 4, Section 7.F.2. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting, 12. 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, BUILDING DIVISION Comments: 13. Please note that changes or revisions to these plans may generate additional X 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, 14. 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 2004 FBC, Section 1609 (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. 15. At time of permit review, submit signed and sealed working drawings of the X DEPARTMENTS INCLUDE REJECT proposed construction. 16. If an accessible route has less than 60 inches clear width, then passing X spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T"-intersection of two corridors or walks is an acceptable passing place. 2004 FBC, Section 11-4,3.4. 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: A The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation 11.35' NGVD is above the highest I DO-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." B From the FIRM map, identify in the site data the title of the flood zone that the building is located within, Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. C Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18, 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, 19, A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F,S. 373,216. 20. 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 building numbers must be the same as noted on the Commission- approved site plans, C The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 21. 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 is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 22. 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. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 23. Add a general note to the site plan that all plans submitted for permitting X shall meet the City's codes and the 2004 FBC in effect at the time of permit application. 24. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVlew 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. 25, The full address of the project shall be submitted with the construction X documents at the time of pennit application submittal. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALlST Comments: None X PLANNING AND ZONING Comments: 26. The survey shall have been prepared within the last six (6) months and X appropriately signed and sealed, Please submit an updated survey at time of permit application. 27, The Typical Parking Striping Detail on Sheet SP.I does not match the X spaces depicted on the site layout of the parking lot. 28. Continue landscaping (both layers) along the north side, adjacent to the exit X drive. 29. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 30. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. 31. The west building elevation has been modified and now has a large expanse X of blank wall. Incorporate architectural features to enhance this elevation, such as windows or faux windows to match others already proposed on the other building elevations. 32. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time X DEPARTMENTS INCLUDE REJECT limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (I) year be allowed to initiate this project and pull a building permit. COMMUNITY REDEVELOPMENT AGENCY STAFF COMMENTS Comments: 33. Change light pole and wall mounted lights from commercial design to one X that would be compatible with residential/mixed-use development. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 34, Modification of condition #9 to allow the Engineering Division to work X with the applicant on appropriate sight triangles at the driveway onto MLK Boulevard 35. Recommend the applicant utilize working shutters over the windows as X opposed to the shingled eyebrows depicted on the drawings, ADDITIONAL CITY COMMISSION CONDITIONS Comments: l. To be detennined. ~ S:IPlanningISHARED\WP\?ROJECTS\Deliverance by FailhlCOUS 06-OO61COA.doc