AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meetim! Dates in to City Clerk's Office Meetim! Dates in to City Clerk's Office
0 December 2, 2003 November 17, 2003 (Noon.) 0 February 3, 2004 January 19,2004 (Noon)
0 December 16, 2003 December 1, 2003 (Noon) 0 February 17, 2004 February 2, 2004 (Noon)
0 January 6, 2004 December 15, 2003 (Noon) 0 March 2, 2004 February 16, 2004 (Noon)
[gI January 20, 2004 January 5, 2004 (Noon) 0 March 16, 2004 March 1,2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
0 Consent Agenda [gI Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Business
RECOMMENDATION: Please place this request on the January 20,2004 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board with a 4 to 3 vote, recommended that the subject
request be denied. For further details pertaining to the request, see attached Department of Development Memorandwn
No. PZ 03-286.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Delray Academy (COUS 03-008)
Marty Madura
Keith D. Kern
Northwest comer of Martin Luther King Boulevard and Railroad Avenue
Request Conditional Use approval for a primary/secondary Charter School.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development'
City Manager's Signature
Planning and Zoning ctor City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS oynton Delray Academy\COUS\Agenda Item Request Boynton Delray Academy COUS 03-008 I-20-04.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-286
TO:
Chairman and Members
Community Redevelopment Agency
THRU:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP #
Planner (J
November 26, 2003
FROM:
DATE:
PROJECT:
Boynton Delray Academy / COUS 03-008
REQUEST:
Conditional Use approval for a charter school
PROJECT DESCRIPTION
PropertY Owner: Mr. Keith D. Dern
Applicant: Mr. Keith D. Dern
Agent: Mr. Marty Madura with Advanced Modular Structures, Incorporated
Location: Northwest corner of Martin Luther King, Jr. Boulevard and Railroad Avenue
(see exhibit "A" - Location Map)
ExIsting Land Use/Zoning: Medium Density Residential (MDR) / Single and TWO-family Residential (R-
2) and Neighborhood Commercial (C-2)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Acreage:
Adjacent Uses:
Charter school
36,055 square feet / (O.87-acre)
North:
Right-of-way for Northeast 11th Avenue, then farther north is vacant
residential property zoned R-2;
Right-of-way for Northeast 10th Avenue, then farther south is developed
commercial property (King's Cafe) zoned C-2;
Right-of-way for Railroad Avenue, then farther east is right-of-way for the
Florida East Coast Railroad
South:
East:
Boynton Delray Academy- COUS 03-008
Page 2
Memorandum No. PZ 03-286
West:
Vacant commercial and residential properties zoned C-2 and R-2.
BACKGROUND
Mr. Marty Madura, agent for the applicant Is requesting conditional use approval for a charter school on
the subject property. According to the applicant, the charter school would teach up to 125 students,
grades six (6) through nine (9). The subject property Is comprised of two (2) parcels, which are
dissected by a five (5) foot wide alley that runs east and west. The applicant has submitted a
concurrent request to abandon this alley (ABAN 03-012). The property also contains two (2) different
zoning districts, namely R-2 and C-2. The survey shows that the northern parcells 18,449 square feet In
area. This parcel Is zoned R-2. The survey also shows that the southern parcel Is comprised of three
(3) lots. All of these lots are zoned C-2. Therefore, when both parcels are combined In conjunction with
the area gained by the (proposed) abandoned alley, the total property size would equal 36,055 square
feet or 0.87 acre In area. All lots would be joined together by Unity of litle. Ukewise, approval of this
project Is contingent upon the approval of the accompanying request to abandon the alley (see exhibit
"en - Conditions of Approval).
A charter school Is a permitted use In the C-2 zoning district but would be considered as a conditional
use In the R-2 zoning district. The developer would not be allowed to circumvent the conditional use I
public hearing process by constructing the charter school building on the C-2 parcel (where it's a
pennltted use and no public hearing would be required) and have Its supporting parking areas on the R-
2 parcel. Also, since the underlying land use designation for both parcels Is Medium Density Residential
(MDR), it is unlikely that staff would support a request to rezoned the R-2 parcel from R-2 to a
commercial zoning district. Therefore, In order to build a charter school and parking areas on the
subject properties, the applicant is required to request conditional use approval. By and large, the
building is proposed on the southern parcel while the parking areas is proposed on the northern parcel.
According to the applicant, completion of the modular building would be accomplished within one (1)
phase.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.0 of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as It pertains to standards.
The Commun.ity Redevelopment Agency Board and Oty Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, In connection therewith, may
grant conditional uses absolutely or subject to conditions Including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the Intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions
have been made concerning the following standards, where applicable:
Boynton Delray Academy- COUS 03-008
Page 3
Memorandum No. PZ 03-286
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
In case of fire or catastrophe.
The project proposes one (1) poInt of Ingress and one (1) poInt of egress. The entrance Is proposed
on Northeast 11th Avenue and the exit is proposed on Railroad A venue. The entrance would be 12
feet In width and the exit would be 14.5 feet in width. A sidewalk would be required withIn the
tights-of-wayalong Railroad Avenue and also along Martin Luther King Boulevard
2. Off-street parking and loading areas where required, with particular attention to the Items In
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the dty as a whole.
RequIred parking for the charter school Is based on the following methodology: One (1) parking
space per 500 square feet of dassroom floor area, induding floor area of shops. The site plan (SP-1)
tabular data indicates that 6,201 square feet of dassroom area is proposed, therefore, 13 parking
spaces would be required. The project provides 16 parking spaces, induding one (1) space
designated for handIcap use. All spaces would be dImensioned nine (9) feet in width by 18 feet In
length, except for the handicap space, whIch would be 12 feet In width with five (5) foot wide
stripIng area by 18 feet in length. The vehicular backup area would be 25 feet In width. A loadIng
zone / student drop-off area is proposed near the handicap access ramp along Railroad Avenue. The
Engineetfng Division endol5ed this design concept due to the size constraint of the subject property.
It must be noted that a school bus would be stored on-site after hours. It is probable that the school
bus would not be able to fit within the confines of any of the proposed parking stalls. The applicant
has infonned staff that there is no need to have a large space for a school bus because they would
use a smaller type of bus because many of the students would either walk or be dropped off at the
school.
3. Refuse and selVice areas, with particular reference to the items In subsection 1 and 2 above.
The site plan (SP-l) shows a dumpster endosure is proposed on the northern parcel along the west
property line. However, no dumpster endosure detail was provided. Therefore, staff recommends
that the extetfor finIsh of the endosure match that of the required buffer wall and the color match
either the buffer wall or the main color of the building (see ExhIbit "e" - Conditions of Approvalj.
4. Utilities, with reference to locations, availability, and compatibility.
ConsIStent with Comprehensive Plan policies and cIty regulations, all utilities, induding potable water
and sanitary sewer are available for this project.
S. Screening, buffering and landscaping with reference to type, dimensions, and character.
Commercial properties abutting other commercial properties do not require a buffer wall. Neither do
residential properties abutting other residential properties, regardless of the use. In this case, the
northem parcel, which Is zoned R-2 abuts another R-2 zoned lot (to the west). No buffer wall would
be required. However, the landscape plan shows that a buffer wall, six (6) feet in height, is
proposed along the west property line of the northern parcel. The presence of the wall would almost
certaInly eliminate the negative Impact of a commercial parking lot proposed within a resIdential
Boynton Delray Academy- COUS 03-008
Page 4
Memorandum No. PZ 03-286
neighborhood. Staff endorses the proposed wall. However, no detail drawings of the wall were
submitted with the site plan package. Therefore, at the time of pennltting, the applicant would be
required to submIt a detail of the wall, whIch would be subject to review and approval of the
Planning &: Zoning Division. Also, staff recommends that the color of the wall be the same or
compatible with the dumpster endosure and the building (see Exhibit "C" - Conditions of Approvalj.
On the southern parcel, the landscape plan proposes six (6) Sabal palm trees along Railroad Avenue.
Normally, staff would recommend dustering the trees. However, the plan shows that these trees
would be installed at minimum 30 feet in height. The landscape plan also shows a row of Sliver
Buttonwood hedges are proposed along the east property line of the southern parcel. It appears
that these hedges would be continued along the east property line of the northern parcel as well. In
addition fD the aforementioned shrubs, the east landscape buffer of the northern parcel would
contain 24 Ixora Nora Grant and 80 Bush Allamanda. Three (3) Yellow Tabebuia.trees would also be
presetved within this buffer.
Four (4) Sabal palm trees are proposed along Martin Luther King Jr. Boulevard. Again, these trees
would be installed at 30 feet in height A row of Sliver Buttonwood hedges is proposed at the base
of the trees.
717e landscape plan proposes fD continue the Silver Buttonwood hedges along the west property line
of the southern parcel. Two unknown trees would be preselVed while four (4) SWeet Mahogany
trees would be Installed. No rows of hedges are proposed along the west property line of the
northem parcel because the proposed buffer wall would screen the parking lot from the residential
lot to the west. However, staff recommends that a row of 24-lnch tall hedges be installed along the
base of the wall on its east side. The developer may choo.se the spedes provided that the 50%
native spedes limitation is maintained throughout the project (see Exhibit "e" - Conditions of
Approvalj. Rve (5) SWeet Mahogany trees are proposed just east of the wall.
Four (4) live Oak trees, a row of Redtip Cocoplum hedges, Bush Allamanda and Ixora Nora Grant
are proposed in the northern landscape buffer along Northeast 11th A venue. This buffer would
screen the parking lot from the right-of-way. A "drainage swale" is proposed near the buffer.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and hannony with adjacent and nearby properties.
No signs are proposed at this time. The developer understands that any future signage would require
a major site plan modification, subject fD review and approval of the Community Redevelopment
Agency Board and Oty Commission. The exterior lighting is such that meets minimum code
requirements and would not produce glare on neighboring properties.
7. Required setbacks and other open spaces.
No building is proposed on the northern parcel; therefore, no R-2 zoning district setbacks would
apply. The proposed buIlding would meet all setback requirements of the C-2 zoning district. The
building would be situated both eight (8) feet from the east (side) and south (front) property lines
along the rights-of-way. Normally, the C-2 zoning district requires the building to be setback 20 feet
from the street side and 30 feet from the front line. However, the subject property lies within the
Boynton Delray Academy- COUS 03-008
Page 5
Memorandum No. PZ 03-286
Martin Luther King Boulevard Overlay Zone. The maximum street side and front setback would be
12 feet The size of the chlldren's play area would be regulated by the State of Florida.
8. General compatibility with adjacent property and other property In the zoning district.
The City previously identified a segment of Martin Luther King Jr. Boulevard as an area in need or
redevelopment and revitalization. This conidor is to contain an ambiance supported by pleasant
signage and building appearance, potted landscapIng, store windows, and public open spaces.
According to the applicant, "the school is already located at 900 North Seacrest Boulevard, which is
near the subject property'~ The proposed Heart of Boynton Master Plan & Schematic Designs calls
for a two (2) to three (3) story mixed-use (retail/Office / residentialj building to be constructed on
the subject property (see Exhibit "0"- Heart of Boynton Master Plan). This would not be consistent
with the proposed use.
9. Height of building and structures, with reference to compatibility and hannony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the C-2 zoning district is 2S feet, not to exceed two (2)
stories. However, properties located within the Martin Luther King Boulevard Overiay, such as this,
may have building heights of up to 30 feet According to the elevations, the proposed modular
buildil)g is designed as a one (1)-story structure and would be at most, 19 feet _ two (2) inches in
height This would easily comply with both the zoning disttfct and Overlay's height limitations.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, 'a community is only as strong as its weakest link. This targeted
audience has been identified in middle school based on suspensions, referrals, retention, attendance,
grade poInt average, and disdpline reports. The students become our future jwenlle detention
detaInees, prison Inmates, perpetrators, and manaces to our society. Our goal is to Identify and
assIst these children while they are middle school students. Many of our students are not seeking to
become "failures" however, these are the hands they were dealt as a result of babies having babies,
drog Infested households, AIDS infected parents, not to mention that 47% of our student population
are being raised by grandparents. Last year, we topped the school dlsttfct In middle school FCA T
math gains and were fifth (sth) in reading. Such an isolated educational institution appears to be the
answer to such a significant weak link".
Although staff appreciates the Charter School's past accolades and current efforts to reenergize a
disadvantaged student population, the proposed use would not be considered the highest and best
use for the subject property. Staff would have preferred a use and intensity more consIstent with
what Is endorsed in the Heart of Boynton's Redevelopment Plan. However, considering the overall
positive impact that the school would make to the immediate vidnity, the economic effect would only
be pOSitive on adjacent and neighboring properties. The applicant is absolutely Correct In the
statement, 'a community is only as strong as its weakest link". With a charter school, the
community would only get stronger. Since the Overlay's zoning regulations are specifically tailored
for redevelopment and revitalization efforts, staff hopes that as the charter school expands, the
property owner would be inclined to remove the modular building and build "up" and "out" as much
as the cocIe would allow.
~ynton Delray Academy- COUS 03-008'
Page 6
Memorandum No. PZ 03-286
11. Conformance to the standards and requirements which apply to site plans, as set forth In Chapter
19, ArtIde fi of the Oty of Boynton Beach Code of Ordinances. (Part fir Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code. The applicant must submit a traffic impact statement to ensure that
the local roadways can support the charter school use In tenns of traffic concurrency purposes. No
buildIng pennits may be issued until the Palm Beach County Traffic DIvision review and approves the
project (see Exhibit It'" - Conditions of Approval).
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to
the City of BOynton Beach noise Control Ordinance.
With incorporation of all condItions and staff recommendations contained hereIn, the proposed use
would operate in a manner that is in compliance with the above-referenced codes and ordInances of
the City of Boynton Beach.
RECOMMENDAnON
Based on the discussions contained herein, compliance with development regulations, and the
consistency with the Comprehensive Plan, staff recommends that this request be approved subject to
satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Also, approval
of this site plan Is contingent upon the approval of the accompanying abandonment request (ABAN 03-
012). Furthermore, pursuant 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. .Staff recommends that a period of one (1)
year be allowed to obtain a building permit for this project (see Exhibit "C" - Conditions of Approval).
EU
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DELRAY BOYNTON ACADEMY LInd ...... aid I*lIen Doefaot
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Delray Academy
File number: caus 03-008
Reference: 2nd 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 11 th A ve.lRailroad X
Ave. and MLK Blvd.lRailroad 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-way 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 irrigation.
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 N, 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 A venue. Service shall be via the existing 6-inch water main
located on the south side of Martin Luther King 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
of2001 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 of2001 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 (I) 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 massmg, 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-I) tabular
data or on the floor plan (FP-I ),
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 N, 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 match 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 11 th A venue, 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, subiect to anv comments from staff.
MWRlelj
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CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one COPy of agenda reouest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DDecember 2 2003
DDecember 16, 2003
DJanua 6 2004
[8]Janua 20 2004
DFebrua 3, 2004
DFebrua 17 2004
March 2 2004
March 16 2004
Deadline for Submittal to City P &. D/CRA Requests Deadline
Clerk's Office
-P&D
- CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [8]
All exhibits are attached & marked e. . Exhibit "A' [8]
~\$-'
Department Head's initials:
Boynton Delray Academy (COUS 03-008)
Please do not write in the shaded area below.
LegaLDepartment sighatureD
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
City Manager's signature
D
PersOh contacted t()pi~kUprejected request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Checklist Dec 2 - March 16.doc
on
(Date)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 December 2, 2003 November 17,2003 (Noon.) D February 3, 2004 January 19, 2004 (Noon)
~ December 16,2003 December I, 2003 (Noon) D February 17, 2004 February 2, 2004 (Noon)
0 January 6, 2004 December 15,2003 (Noon) D March 2, 2004 February 16,2004 (Noon)
0 January 20, 2004 January 5, 2004 (Noon) D March 16, 2004 March 1,2004 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
D Consent Agenda ~ Public Hearing
0 Code compliancelLegal Settlements D UnfInished Business
RECOMMENDATION: Please place this request on the December 16,2003 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be
tabled to the January 13, 2004 Community Redevelopment Agency Board Meeting, directing the applicant to work with staff
to improve project design, consider alternative and safer drop-off system, and to discuss with school board city rights to
acquire property if school use is ever discontinued. For further details pertaining to the request, see attached Department of
Development Memorandwn No. PZ 03-286.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Defray Academy (COUS 03-008)
Marty Madura
KeithD. Kern
Northwest comer of Martin Luther King Boulevard and Railroad Avenue
Request Conditional Use approval for a primary/secondary Charter School.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
City Manager's Signature
Il_~~
Planning and Zo' irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Delray Academy\COUS\Agenda Item Request Boynton Delray Academy COUS 03-008 12-16-03.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-286
TO:
Chairman and Members
Community Redevelopment Agency
THRU:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner 0
November 26, 2003
FROM:
DATE:
PROJECT:
Boynton Delray Academy / COUS 03-008
REQUESf:
Conditional Use approval for a charter school
PROJECT DESCRIPTION
Property Owner: Mr. Keith D. Dern
Applicant: Mr. Keith D. Dern
Agent: Mr. Marty Madura with Advanced Modular Structures, Incorporated
Location: Northwest corner of Martin Luther King, Jr. Boulevard and Railroad Avenue
(see Exhibit "A" - Location Map)
Existing Land Use/Zoning: Medium Density Residential (MDR) / Single and Two-family Residential (R-
2) and Neighborhood Commercial (C-2)
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Charter school
Acreage:
36,055 square feet / (0.87-acre)
Adjacent Uses:
North:
Right-of-way for Northeast 11 th Avenue, then farther north is vacant
residential property zoned R-2;
Right-of-way for Northeast 10th Avenue, then farther south is developed
commercial property (King's Cafe) zoned C-2;
South:
East:
Right-of-way for Railroad Avenue, then farther east is right-of-way for the
Florida East Coast Railroad
Boynton Delray Academy- COUS 03-008
Page 2
Memorandum No. PZ 03-286
West:
Vacant commercial and residential properties zoned C-2 and R-2.
BACKGROUND
Mr. Marty Madura, agent for the applicant is requesting conditional use approval for a charter school on
the subject property. According to the applicant, the charter school would teach up to 125 students,
grades six (6) through nine (9). The subject property is comprised of two (2) parcels, which are
dissected by a five (5) foot wide alley that runs east and west. The applicant has submitted a
concurrent request to abandon this alley (ABAN 03-012). The property also contains two (2) different
zoning districts, namely R-2 and C-2. The survey shows that the northern parcel is 18,449 square feet in
area. This parcel is zoned R-2. The survey also shows that the southern parcel is comprised of three
(3) lots. All of these lots are zoned C-2. Therefore, when both parcels are combined in conjunction with
the area gained by the (proposed) abandoned alley, the total property size would equal 36,055 square
feet or 0.87 acre in area. All lots would be joined together by Unity of Title. Ukewise, approval of this
project is contingent upon the approval of the accompanying request to abandon the alley (see Exhibit
"CIf - Conditions of Approval).
A charter school is a permitted use in the C-2 zoning district but would be considered as a conditional
use in the R-2 zoning district. The developer would not be allowed to circumvent the conditional use /
public hearing process by constructing the charter school building on the C-2 parcel (where it's a
permitted use and no public hearing would be required) and have its supporting parking areas on the R-
2 parcel. Also, since the underlying land use designation for both parcels is Medium Density Residential
(MDR), it is unlikely that staff would support a request to rezoned the R-2 parcel from R-2 to a
commercial zoning district. Therefore, in order to build a charter school and parking areas on the
subject properties, the applicant is required to request conditional use approval. By and large, the
building is proposed on the southern parcel while the parking areas is proposed on the northern parcel.
According to the applicant, completion of the modular building would be accomplished within one (1)
phase.
STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Community Redevelopment Agency Board and City Commission shall consider only such conditional
uses as are authorized under the terms of these zoning regulations and, in connection therewith, may
grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions
have been made concerning the following standards, where applicable:
Boynton Delray Academy- COUS 03-008
Page 3
Memorandum No. PZ 03-286
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The project proposes one (1) point of ingress and one (1) point of egress. The entrance is proposed
on Northeast 11th Avenue and the exit is proposed on Railroad Avenue. The entrance would be 12
feet in width and the exit would be 14.5 feet in width. A sidewalk would be required within the
rights-of-way along Railroad A venue and also along Martin Luther King Boulevard
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a whole.
Required parking for the charter school is based on the following methodology: One (1) parking
space per 500 square feet of classroom Roor area, including Roor area of shops. The site plan (SP-l)
tabular data indicates that 6,201 square feet of classroom area is proposed, therefore, 13 parking
spaces would be required. The project provides 16 parking spaces, including one (1) space
designated for handicap use. All spaces would be dimensioned nine (9) feet in width by 18 feet in
length, except for the handicap space, which would be 12 feet in width with five (5) foot wide
striping area by 18 feet in length. The vehicular backup area would be 25 feet in width. A loading
zone / student drop-off area is proposed near the handicap access ramp along Railroad Avenue. The
Engineering Division endorsed this design concept due to the size constraint of the subject property.
It must be noted that a school bus would be stored on-site after hours. It is probable that the school
bus would not be able to fit within the confines of any of the proposed parking stalls. The applicant
has informed staff that there is no need to have a large space for a school bus because they would
use a smaller type of bus because many of the students would either walk or be dropped off at the
school.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The site plan (SP-l) shows a dumpster enclosure is proposed on the northern parcel along the west
property line. However, no dumpster enclosure detail was provided. Therefore, staff recommends
that the exterior finish of the enclosure match that of the required buffer wall and the color match
either the buffer wall or the main color of the building (see Exhibit "c" - Conditions of Approval).
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water
and sanitary sewer are available for this project.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
Commercial properties abutting other commercial properties do not require a buffer wall. Neither do
residential properties abutting other residential properties, regardless of the use. In this case, the
northern parcel, which is zoned R-2 abuts another R-2 zoned lot (to the west). No buffer wall would
be required. However, the landscape plan shows that a buffer wall, six (6) feet in height, is
proposed along the west property line of the northern parcel. The presence of the wall would almost
certainly eliminate the negative impact of a commercial parking lot proposed within a residential
Boynton Delray Academy- COUS 03-008
Page 4
Memorandum No. PZ 03-286
neighborhood. Staff endorses the proposed wall. However, no detail drawings of the wall were
submitted with the site plan package. Therefore, at the time of permitting, the applicant would be
required to submit a detail of the wall which would be subject to review and approval of the
Planning & Zoning Division. Also, staff recommends that the color of the wall be the same or
compatible with the dumpster enclosure and the building (see Exhibit "c" - Conditions of Approvalj.
On the southern parcel the landscape plan proposes six (6) Sabal palm trees along Railroad Avenue.
Normally, staff would recommend clustering the trees. However, the plan shows that these trees
would be installed at minimum 30 feet in height The landscape plan also shows a row of Silver
Buttonwood hedges are proposed along the east property line of the southern parcel. It appears
that these hedges would be continued along the east property line of the northern parcel as well. In
addition to the aforementioned shrubs, the east landscape buffer of the northern parcel would
contain 24 Ixora Nora Grant and 80 Bush Allamanda. Three (3) Yellow Tabebuia trees would also be
preselVed within this buffer.
Four (4) Sabal palm trees are proposed along Martin Luther King Jr. Boulevard. Again, these trees
would be installed at 30 feet in height. A row of Silver Buttonwood hedges is proposed at the base
of the trees.
The landscape plan proposes to continue the Silver Buttonwood hedges along the west property line
of the southern parcel. Two unknown trees would be preserved while four (4) Sweet Mahogany
trees would be installed. No rows of hedges are proposed along the west property line of the
northern parcel because the proposed buffer wall would screen the parking lot from the residential
lot to the west. However, staff recommends that a row of 24-inch tall hedges be installed along the
base of the wall on its east side. The developer may choose the spedes provided that the 50%
native species limitation is maintained throughout the project (see Exhibit "c" - Conditions of
Approvalj. Rve (5) Sweet Mahogany trees are proposed just east of the wall.
Four (4) Live Oak trees, a row of Redtip Cocoplum hedges, Bush Allamanda and Ixora Nora Grant
are proposed in the northern landscape buffer along Northeast Iltf1 A venue. This buffer would
screen the parking lot from the right-ot-way. A "drainage swale" is proposed near the buffer.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
No signs are proposed at this time. The developer understands that any future signage would require
a major site plan modification, subject to review and approval of the Community Redevelopment
Agency Board and City Commission. The exterior lighting is such that meets minimum code
requirements and would not produce glare on neighboring properties.
7. Required setbacks and other open spaces.
No building is proposed on the northern parcel; therefore, no R-2 zoning district setbacks would
apply. The proposed building would meet all setback requirements of the C-2 zoning district. The
building would be situated both eight (8) feet from the east (side) and south (front) property lines
along the rights-ot-way. Normally, the C-2 zoning district requires the building to be setback 20 feet
from the street side and 30 feet from the front line. However, the subject property lies within the
Boynton Delray Academy- COUS 03-008
Page 5
Memorandum No. PZ 03-286
Martin Luther King Boulevard Overlay Zone. The maximum street side and front setback would be
12 feet The size of the children's play area would be regulated by the State of Florida.
8. General compatibility with adjacent property and other property in the zoning district.
The City previously identified a segment of Martin Luther King Jr. Boulevard as an area in need or
redevelopment and revitalization. This corridor is to contain an ambiance supported by pleasant
signage and building appearance, potted landscaping, store windows, and public open spaces.
According to the applicant, "the school is already located at 900 North Seacrest Boulevard, which is
near the subject property'~ The proposed Heart of Boynton Master Plan & Schematic Designs calls
for a two (2) to three (3) story mixed-use (retail/office / residentialj building to be constructed on
the subject property (see Exhibit ''D'' - Heart of Boynton Master Plan). This would not be consistent
with the proposed use.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The maximum allowable building height in the C-2 zoning district is 25 feet, not to exceed two (2)
stories. However, properties located within the Martin Luther King Boulevard Overlay, such as this,
may have building heights of up to 30 feet According to the elevations, the proposed modular
building is designed as a one (I)-story structure and would be at most, 19 feet - two (2) inches in
height This would easily comply with both the zoning district and Overlay's height limitations.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
According to the applicant, ''a community is only as strong as its weakest link. This targeted
audience has been identified in middle school based on suspensions, referrals, retention, attendance,
grade point average, and discipline reports. The students become our future juvenile detention
detainees, prison inmates, perpetrators, and manaces to our society. Our goal is to identify and
assist these children while they are middle school students. Many of our students are not seeking to
become ''failures'' however, these are the hands they were dealt as a result of babies having babies,
drug infested households, AIDS infected parents, not to mention that 47% of our student population
are being raised by grandparents. Last year, we topped the school district in middle school FC4 T
math gains and were fifth (Sh) in reading. Such an isolated educational institution appears to be the
answer to such a significant weak link'~
Although staff appreciates the Charter School's past accolades and current efforts to reenergize a
disadvantaged student population, the proposed use would not be considered the highest and best
use for the subject property. Staff would have preferred a use and intensity more consistent with
what is endorsed in the Heart of Boynton's Redevelopment Plan. However, considering the overall
positive impact that the school would make to the immediate vicinity, the economic effect would only
be positive on adjacent and neighboring properties. The applicant is absolutely correct in the
statement, ''a community is only as strong as its weakest link'~ With a charter schoo~ the
community would only get stronger. Since the Overlay's zoning regulations are specifically tailored
for redevelopment and revitalization efforts, staff hopes that as the charter school expands, the
property owner would be inclined to remove the modular building and build ''up'' and ''out'' as much
as the code would allow.
Boynton Delray Academy- COUS 03-008
Page 6
Memorandum No. PZ 03-286
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project would comply with all requirements of
applicable sections of city code. the applicant must submit a traffic impact statement to ensure that
the local roadways can support the charter school use in terms of traffic concurrency purposes. No
building permits may be issued until the Palm Beach County Traffic Division review and approves the
project (see Exhibit ''C'' - Conditions of Approval).
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4.N. of the land Development Regulations, Chapter 2; also, conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained herein, the proposed use
would operate in a manner that is in compliance with the above-referenced codes and ordinances of
the City of Boynton Beach.
RECOMMENDATION
Based on the discussions contained herein, compliance with development regulations, and the
consistenc.y with the Comprehensive Plan, staff recommends that this request be approved subject to
satisfying all conditions of approval as contained in Exhibit "C" - Conditions of Approval. Also, approval
of this site plan is contingent upon the approval of the accompanying abandonment request (ABAN 03-
012). Furthermore, pursuant 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. Staff recommends that a period of one (1)
year be allowed to obtain a building permit for this project (see Exhibit "C" - Conditions of Approval).
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EXHIBIT "C"
Conditions of Approval
Project name: Boynton Delray Academy
File number: caus 03-008
Reference: 2nd 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 En1tineering.
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 11 th A ve./Railroad X
Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound
roadwav.
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-way in accordance with Standard Detail P-l.
ENGINEERING DIVISION
Comments:
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all aDDfoDriate 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 "En1tineering Design
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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 irrigation.
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 Occuoancv.
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 proiect.
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.
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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 A venue. Service shall be via the existing 6-inch water main
located on the south side of Martin Luther King 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
of2001 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
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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 of2001 FBC, Section 1606.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
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 proiect.
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-l) tabular
data or on the floor plan (FP-l),
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 slgnage IS subject to reVIew and approval of the Community X
Redevelopment Agency and City Commission (Chapter 4, Section 7.D.).
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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 match 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 proiect.
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 11 th A venue, 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:
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.
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6
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
41. To be determined.
MWR/elj
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CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Deadline for Submittal to City P Be. D/CRA Requests Deadline
Clerk's Office
-P&D
- CRA
Departments are responsible for securing the following
si natures on attached A enda Ruest Form:
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services 0
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached [gI
All exhibits are attached & marked e. . Exhibit "A' [gI
Department Head's initials:~
Boynton Delray Academy (COUS 03-008)
Please do not write in the shaded area below.
City Manager's signature 0
(Date)
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover Checklist Dec 2 - March 16.doc