PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: DOA Control No.: Applicant: Faith United Methodist Church Owners: Faith United Methodist Church Agent: Faith United Methodist Church - Pastor Harold Hendren Telephone No.: (561) Project Manager: Carol Glasser, Site Planner II Location: South side of Boynton Beach Boulevard approximately 720 feet east of Jog Road. (Faith United Methodist Church) TITLE: a Development Order Amendment REQUEST: to allow an increase in the number of children for the Daycare, an increase in the Daycare square footage and an equivalent decrease in the church square footage, reconfigure the site plan, and modify a condition of approval (Daycare). APPLICATION SUMMARY: Proposed is a Development Order Amendment for the Faith United Methodist Church. The 9.78-acre site was originally approved by the Board of County Commissioners on March 10, 1992 for a place of worship and a daycare center and consists of a total of 58,324 square feet in five buildings. The applicant is requesting to increase the maximum number of daycare children from 120 to 170 children, modify a condition of approval (Daycare), and reconfigure the outdoor play area on the site plan. No increase in square footage is proposed. The applicant proposes interior alterations to reallocate 1,250 square feet between the daycare and the place of worship uses. The site currently supports a 21,015 square foot fellowship hall, a 3,913 square foot administrative office, a 5,000 square foot multipurpose hall, 1,469 square feet for classrooms, and 4,800 square feet for the daycare. The remaining unbuilt approved structures will comprise 18,103 square feet for a sanctuary, 4,024 square feet for classrooms, and a communication tower site. The site plan indicates 309 parking spaces and access to the site will remain from Boynton Beach Boulevard. ISSUES SUMMARY: o Project History On March 10, 1992, the BCC adopted Resolution R for a Special Exception to allow a Church, accessory buildings and structures, and Daycare Center with a maximum of 60 children and 2,400 square feet. On January 3, 2002, the BCC approved a Development Order Amendment pursuant to Status Report SR to add a Condition of Approval for the project to comply with the Architectural Guidelines in Section 6.6.E of a prior Code. On June 16, 2004, the BCC approved Resolution R to rezone the site from the Agricultural Residential (AR) Zoning District to the Single Family Residential (RS) Zoning District, and Resolution R for a Development Order Amendment to add square footage and reconfigure the site plan. The Daycare use was increased to maximum of 120 students and 4,800 square feet. On January 14, 2009, the Development Review Officer (DRO) approved application DRO for a 100-foot stealth communications tower to be located behind the existing Administrative Offices building. The approved Final Site Plan is dated January 14, ZC August 6, 2009 Page 110

2 o Consistency with Comprehensive Plan The Planning Division has determined that the request is consistent with the subject site s Medium Residential, 5 units per acre (MR-5) Future Land Use (FLU) designation of the Plan. The subject site is located in the West Boynton Community Plan area. No changes to the previous recommendations by the Coalition of Boynton West Residential Associations (COBWRA) are proposed. COBWRA has issued a letter of intent to recommend approval of the request. (Exhibit E) See Planning Division Comments for additional information. o Compatibility with Surrounding Land Uses To the north across the Lake Worth Drainage District (LWDD) L-24 canal right-of-way (ROW) (approximately 80 feet in width) and the Boynton Beach Boulevard ROW (130 feet in width) is the Fountains East MUPD (Control 97-04), which is not yet constructed, with a Commercial High with an underlying Medium Residential, 5 units per acre (MR-5) FLU Designation and Multiple Use Planned Development (MUPD) Zoning District. To the south is the Grove Isle PUD (Control 95-38) residential development with a MR-5 FLU designation and Planned Unit Development (PUD) Zoning District. To the east is the Club at Indian Lakes residential development (Control 93-34) with a MR-5 FLU designation and Residential Transitional Urban (RTU) Zoning District, which is a previous Zoning District that corresponds to the Residential Single Family (RS) Zoning District. To the west is a post office (Control 94-54) with a MR-5 FLU designation and Public Ownership (PO) Zoning District, and the Bella Verde residential development (Control 00-70) with a High Residential, 8 units per acre FLU designation and Multifamily Residential High Density (RH) Zoning District, which is a previous Zoning District that corresponds to the Residential Multifamily Zoning District. The BCC previously found the Faith United Methodist Church development to be compatible with the surrounding land uses under Resolution R and Resolution R The affected area of the Development Order Amendment request is the northern three acres of the subject site. The outdoor play area, which is increased in size, remains separated from residential uses by four rows of parking. No changes to the previously approved perimeter buffers are proposed with this request. As indicated below, the proposed amendment to increase in the number of daycare students meets Traffic Performance Standards. Subject to the recommended conditions of approval, staff does not anticipate any significant incompatibility issues from the request. The development will remain compatible with surrounding land uses with the request as proposed. o Traffic This application meets traffic performance standards. The Traffic Division estimates that the proposed site redevelopment program would generate 486 additional traffic trips per day beyond the 206 trips per day generated by the vested (existing and operational for over five years) 2,400 square feet for the Daycare use and 12,782 square feet for the Church use for a total of 692 trips/day. o Modification of Conditions The applicant is requesting to modify Daycare Condition C.1. of Resolution R , which currently states: Prior to final site plan approval by the Development Review Officer (DRO), the site plan shall be amended to indicate the following limitations: a. A maximum of 120 students and 4,800 square feet of building area. The applicant is requesting that the condition be amended to allow a maximum of 170 students and 6,050 square feet of building area for the Daycare. Requested is an increase of 50 daycare students. Staff recommends approval of the request as all of the required supplemental use regulations are being met for the additional students and the standards for a Development Order Amendment have been satisfied as indicated in the Findings. The Preliminary Site Plan indicates that the Unified Land Development Code (ULDC) requirements are satisfied to allow a maximum of 170 students for the Daycare. The increase in square footage for the Daycare use of 1,250 square feet is accomplished through interior alterations to the multipurpose ZC August 6, 2009 Page 111

3 building resulting in an equivalent decrease in the square footage for the Place of Worship from 53,524 square feet to 52,274 square feet. Therefore, no increase to the previously approved total square footage for the subject site of 58,324 square feet is requested. Daycare Daycare Church or Place of (SF) Students Worship (SF) and accessory structures/ multipurpose Resolution R ,400 SF 7,400 SF (Phase 1) 60 31,800 SF (Phase 2) Resolution R ,800 SF ,524 SF 927 Proposed 6,050 SF ,274 SF 927 Increase/decrease +1,250 SF +50-1,250 SF No change Church or Place of Worship (seats) 400 (Phase 1) 600 (Phase 2) The request to reconfigure the site plan is limited to the outdoor play area. The outdoor play area will be expanded from 9,000 square feet to 12,792 square feet to meet ULDC requirements of 75 square feet per child. o Landscape/Buffering The site is in compliance with the perimeter landscape conditions that have been carried forward from Resolution R A 10-foot wide landscape buffer is provided along on the north property line adjacent to the LWDD L-24 Canal ROW and the Boynton Beach Boulevard ROW. A 15-foot wide Type 2 incompatibility buffer is provided on the inside edge of the 25-foot wide easement along the south property line. A 10-foot wide landscape buffer is provided along the north 642 feet of the east property line that is expanded to a 25-foot wide Type 2 incompatibility buffer for the south 638 feet of the east property line. A 15-foot wide Type 2 incompatibility buffer is provided along the west property line. No changes to the perimeter landscape buffers are proposed with this request. One shade tree per 1,500 square feet of outdoor play area is required. Pursuant to Article 4.B.1.A.40.h.3), the expanded outdoor play area will provide a minimum of 9 shade trees. The Landscape Plan or Alternative Landscape Plan shall be amended at time of Building Permit in accordance with the Code. The Landscape Section inspects the outdoor play area prior to final signoff of Certificate of Occupancy for the interior alterations for the Daycare. o Signs One freestanding monument sign exists on the property (Permit Number B ). The sign is in compliance with Signs Condition 1 carried forward from Resolution R , which limits the sign to ten feet in height and 100 square feet sign face area. No changes are proposed to the Master Sign Plan with this request. o Architectural Review Architectural Review section records indicate that elevations dated July 7, 2004 and April 1, 2005 for the church/multi-purpose/daycare building have been approved for architectural compliance. This development order amendment does not add building square footage or modify the building footprint; therefore, Article 5.C. of the ULDC is not applicable at this time. Architectural Condition 1 is recommended to guarantee that all buildings on the site will be architecturally consistent with each other. Architectural Condition 2 is recommended that the site be subject to the Design Guidelines of the ULDC in the event of future site development. o Development Order Amendment Changed Circumstances The applicant states that quality Daycare, operated under certified, licensed, insured and safe circumstances continues to be a growing demand in developing Palm Beach County. Increases in the residential population naturally generate an increased need. Especially in difficult times, greater numbers of families must depend on two incomes. This necessitates additional Daycare support. The surge in State-funded Voluntary Pre-Kindergarten Program (VPK) daycare for four year olds has also multiplied the demand. As Faith United Methodist Church has proceeded over the years with its ZC August 6, 2009 Page 112

4 approved site development, the need for Church use flex space has been met by the construction of newer buildings. Thus, the internal reallocation of space usage is a win-win scenario. No fundamental use change or change to the site plan other than the required expansion of the fenced play area and no change is proposed to any of the buildings footprints to meet the increased demand for quality Daycare. Staff has evaluated the standards listed under Article 2.B.2.B 1-9 and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, staff is recommending approval of the DOA request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended conditions of approval as indicated in Exhibit C. TABULAR DATA EXISTING PROPOSED Property Control Same Number(s) Land Use Designation: Medium Residential (MR-5) Same Zoning District: Single-Family Residential (RS) Same Tier: Urban/Suburban (U/S) Same Use: Church or Place of Worship Same Daycare Center Acreage: 9.78 acres Same Affected area is approximately 2.17 acres. (The interior of the multipurpose building and the outdoor play area, which are located on the northwest portion of the site.) Parking: 309 parking spaces Same 10 drop-off spaces Access: One access point on Boynton Beach Boulevard Same PUBLIC COMMENT SUMMARY: At the time of publication, staff had received 11 contacts from the public regarding this project. Five contacts are in opposition indicating concerns of additional traffic; children may come onto adjacent property; and, the previously approved tower. Six contacts are in support. RECOMMENDATION: Staff recommends approval of the request subject to 26 Conditions of Approval as indicated in Exhibit C. MOTION: To recommend approval of a Development Order Amendment to allow an increase in the number of children for the Daycare, an increase in the Daycare square footage and an equivalent decrease in the church square footage, reconfigure the site plan, and modify a condition of approval (Daycare) subject to the Conditions of Approval as indicated in Exhibit C. ZC August 6, 2009 Page 113

5 Figure 1 Land Use Atlas Map ZC August 6, 2009 Page 114

6 Figure 2 Zoning Quad Map ZC August 6, 2009 Page 115

7 Figure 3 Aerial ZC August 6, 2009 Page 116

8 Figure 4 Preliminary Site Plan dated July 7, 2009 ZC August 6, 2009 Page 117

9 PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Medium Residential, five units per acre (MR-5). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The subject property is not within the future annexation area of any municipality. INTERGOVERNMENTAL COORDINATION: The subject property is not located within one mile of any municipality. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request to increase the number of day care students from 120 to 170, reallocate square footage between the daycare and church facilities, reconfigure the boundaries of the outdoor play area and modify a Zoning condition of Approval related to limiting the number of daycare students. SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is located within the West Boynton Community Plan area. The request does not propose to make any changes to a previously approved site plan that incorporated the neighborhood plan's recommendations regarding pedestrian cross access and landscape buffering. The applicant presented the request to the COBWRA Executive Board June 8, 2009 and received and approval with no recommendations. FINDINGS: The request is consistent with the MR-5 land use designation of the Palm Beach County Comprehensive Plan and the neighborhood plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS: This application is to allow additional children in the existing daycare by reallocating square footage from the church. There are no changes proposed to the building footprint or site layout. TRAFFIC IMPACTS: Petitioner has estimated the build-out of the project to be December 31, Total net new traffic expected from this project is 486 trips per day, 49 trips in the PM peak hour. Additional traffic is subject to review by the Traffic Performance Standards. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. PROJECTED PM PEAK HOUR LOS: SEGMENT: Boynton Beach Blvd from Jog Rd to El Clair Ranch Rd EXISTING COUNT: 3,539 BACKGROUND GROWTH: 862 FROM PETITION: 29 TOTAL: 4,430 PRESENT LANEAGE: 6LD LOS D CAPACITY: 4,680 PROJECTED LEVEL OF SERVICE: D PALM BEACH COUNTY HEALTH DEPARTMENT: No Staff Review Analysis ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The proposed modification will not significantly alter onsite vegetation. ZC August 6, 2009 Page 118

10 WELLFIELD PROTECTION ZONE: The parcel is not located with a Wellfield Protection Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No Any non stormwater discharge or the maintenance or use of a connection that results in a non stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No Staff Review Analysis PARKS AND RECREATION: No Staff Review Analysis CONCURRENCY: Concurrency is approved for 52,274 square feet of Church/Multipurpose use with 927 seats, and 6,050 square feet for the Daycare with 170 children. WATER/SEWER PROVIDER: Palm Beach County Water Utilities Department (PBCWUD). FINDING: The proposed Development Order Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Development Order Amendments: When considering a development order application for a development order amendment, the BCC and ZC shall consider standards 1 9 indicated below. A development order amendment which fails to meet any of these standards shall be deemed adverse to the public interest and shall not be approved. Staff has reviewed the request for compliance with the standards that are expressly established by Article 2.B.1.B and provides the following assessment: 1. Consistency with the Plan The proposed Development Order Amendment is consistent with the purposes, goals, objectives and policies of the Palm Beach County Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. The Planning Division has reviewed the request and found the proposed Development Order Amendment to increase the number of daycare students from 120 to 170, reallocate square footage between the daycare and the place of worship facilities, reconfigure the boundaries of the outdoor play area and modify a Zoning Condition of Approval related to limiting the number of daycare students to be consistent with the Medium Residential, 5 units per acre (MR-5) land use designation of the Palm Beach County Comprehensive Plan. 2. Consistency with the Code - The proposed Development Order Amendment complies with relevant and appropriate portions of Article 4.B (Supplementary Use Standards) of the Palm Beach County Unified Land Development Code. This Development Order Amendment also meets applicable local land development regulations. The proposed amendment complies with the code for use, layout, function, and general development ZC August 6, 2009 Page 119

11 characteristics. The proposed expansion of the Daycare use complies with all applicable portions of Article 4.B.1.A.40. Daycare Supplementary Use Standards. The applicant proposes interior alterations to the existing multipurpose building to reallocate 1,250 square feet from the Place of Worship use to the Daycare use to meet the minimum requirement of 1,500 square feet for the first 40 children plus an additional 35 square feet for each additional child. Thus, 1,500 square feet plus 4,550 square feet (130 times 35 square feet) or 6,050 square feet is proposed. The square footage is exclusive of any space devoted to a kitchen, office, storage, and toilet facilities. An equivalent decrease of 1,250 square feet for the Place of Worship use is proposed. Therefore, no change to the previously approved building footprint is proposed. The request to reconfigure the site plan is limited to the fenced outdoor play area. An outdoor play area surrounded by a fence with a minimum height of four feet is required. The outdoor play area must be expanded to allow 75 square feet per child with a minimum of 9 native canopy trees, which are a minimum of 12 feet in height at time of planting, to be verified by the Landscaping Section prior to Certificate of Occupancy for the interior alterations of the daycare building. The existing play area is proposed to be expanded into an existing green area to the east of the existing outdoor play area and surrounded by a fence that is six-feet in height. 3. Compatibility with Surrounding Uses The proposed Development Order Amendment, with conditions as adopted, is compatible as defined in the Palm Beach County Unified Land Development Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development. The proposed amendment does not create any significant incompatibility. No changes to the perimeter landscape buffers are proposed. The building modifications are interior alterations only to reallocate square footage between two previously approved uses. The expanded outdoor activity area is setback 180 feet from the east property line that is adjacent to existing residential. 4. Design Minimizes Adverse Impact The proposed design, with conditions as adopted, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The proposed amendment minimizes any potential impact to adjacent lands. No increase in total square footage is proposed for the site. The applicant proposes an equivalent decrease in Place of Worship square footage for the proposed increase in square footage for the Daycare use. The Daycare use will continue to be operated at different times than the Place of Worship use in accordance with the shared parking agreement for the site. No additional parking is required for the Daycare use. 5. Design Minimizes Environmental Impact The proposed Development Order Amendment with conditions as adopted, minimizes environmental impacts, including, but not limited to, water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The subject site has complied with all previous conditions of approval regarding a detailed vegetation preservation, relocation, and removal program. No additional impervious area is proposed with this amendment. The outdoor activity area is proposed to be expanded into an existing green area; therefore, the proposed amendment has minimal environmental impact. 6. Development Patterns The proposed Development Order Amendment, with conditions as adopted, will result in logical, timely and orderly development patterns. The subject site was previously approved for a Place of Worship and a Daycare in The adjacent residential and post office properties to the south, east and west, which share a common boundary with the subject site, existed at the time of the previous Development Order Amendment in No additional uses are proposed with this request. Nor does this amendment propose any significant change to the previously approved built environment. No change is proposed to the previously approved building footprints. No change is proposed to the Shared Parking arrangement for the Daycare use and the Place of Worship use, which are operated at different times on different days from each other. No additional parking area or drop-off area is required to meet ULDC requirements. The proposed amendment does not affect the previously approved development pattern. ZC August 6, 2009 Page 120

12 7. Consistency with Neighborhood Plans The proposed Development Order Amendment, with conditions as adopted, is consistent with applicable neighborhood plans in accordance with BCC policy. The Planning Division has reviewed the proposed amendment to the subject site, which is located in the West Boynton Community Plan area. The previously approved site plan incorporated pedestrian cross access and landscape buffering pursuant to the recommendations of the neighborhood plan. This request does not propose any changes to the pedestrian cross access and landscape buffering and thus remains consistent with the West Boynton Community Plan. The applicant met with COBWRA to present the proposed amendment and no additional redesign recommendations were received from COBWRA. 8. Adequate Public Facilities This Development Order Amendment has a concurrency determination and complies with Article 2.F, Concurrency of the ULDC; and. Concurrency has been approved for the proposed amendment to the Faith United Methodist Church site (Control ) for 52,274 square feet of Place of Worship/Multi-purpose use with 927 seat and 6,050 square feet of daycare use with 170 children in compliance with Art. 2.F. Concurrency. 9. Changed Conditions or Circumstances The applicant has demonstrated sufficient justification that there are changed circumstances, which would require the Development Order Amendment. Changed conditions include a growing demand in Palm Beach County for quality Daycare, operated under certified, licensed, insured and safe circumstances as a result of population increase, difficult economic times increasing family need for additional income, and the opportunity for State-funded Voluntary Pre-Kindergarten Program (VPK) daycare for four years olds. The Place of Worship use needs for flex space has been met by the construction of new buildings. Thus, the reallocation of square footage from the Place of Worship use to the daycare use is an option that requires no fundamental use change or change to the site plan other than the expansion of the fenced outdoor play area. Staff has evaluated the standards listed under Article 2.B.2.B 1-9 and determined that there is a balance between the need of change and the potential impacts generated by this change; therefore, staff is recommending approval of the DOA request. Staff has also determined that any of the potential impact and incompatibility issues will be adequately addressed subject to the recommended conditions of approval as indicated in Exhibit C. ZC August 6, 2009 Page 121

13 CONDITIONS OF APPROVAL EXHIBIT C Development Order Amendment ALL PETITIONS 1. Previous Condition A.1. of Resolution R , Control No , which currently states: All previous conditions of approval applicable to the subject property, as contained in Resolutions R (Petition ), have been consolidated as contained herein. The petitioner shall comply with all previous conditions of approval and deadlines previously established by Section 5.8 of the ULDC and the Board of County Commissioners, unless expressly modified. Is hereby amended to read: All previous conditions of approval applicable to the subject property, as contained in Resolution R (Control ) and Resolution R (Control ), have been consolidated as contained herein. The property owner shall comply with all previous conditions of approval and deadlines previously established by Article 2.E of the Unified Land Development Code (ULDC) and the Board of County Commissioners or Zoning Commission, unless expressly modified. (ONGOING: MONITORING - Zoning) 2. Previous Condition A.3. of Resolution R , Control No , which currently states: Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated May 7, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. Is hereby amended to read: The approved Preliminary Site Plan is dated July 7, Modifications inconsistent with the conditions of approval, or changes to the uses or site design beyond the authority of the DRO as established in the ULDC, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) 3. The petitioner shall have three (3) years from adoption of the resolution approving Petition (A) to commence development on the site. Only one (1) administrative time extension for a maximum of twelve (12) months may be granted. (DATE: MONITORING - Zoning)(Previous Condition A.5. of Resolution R , Control No ) [Note: Completed.] ARCHITECTURAL REVIEW 1. Previous Condition 2 of Resolution R , Control No , which currently states: Prior to the issuance of a building permit, the property owner shall submit an application to the Development Review Committee for review and certification that the projec is in compliance with Section 6.6.E. of the Palm Beach County Unified Land Development Code, Architectural Guidelines (BLDG PERMIT: MONITORING - Zoning) Is hereby amended to read: All future development shall be subject to Article 5.C. Design Standards or as exempted in accordance with Article 5.C.1.C. of the ULDC. (ON-GOING: ARCH. REVIEW - Zoning) 2. Similar architectural character and treatment, including but not limited to color, material, fenestration and roofline, shall be provided on all sides of all buildings within the site. (BLDG PERMIT: ARCH REVIEW - Zoning) ZC August 6, 2009 Page 122

14 3. Previous Condition B.2. of Resolution R , Control No , which currently states: All air conditioning and mechanical equipment shall be schreened from view onall sides by a visually opaque barrier consistent with the color and character of the principle structure or equivalent landscape material. (BLDG PERMIT: ARCH REVIEW - Zoning) Is hereby deleted. [REASON: Superceded by Code] ENGINEERING 1. The property owner shall convey to the Lake Worth Drainage District 80 feet of right-of-way south of and adjacent to the new south right-of-way line of Boynton Beach Boulevard as shown on the Survey Drawing No. M prepared by Richard L. Shephard and Associates, Inc. for the required right-of-way for Lateral Canal No. 24, by Quit Claim Deed or an Easement Deed in the form provided by said District prior to June 30, (DRO: ENGINEERING Eng) (Previous Condition E3 of Resolution R , Control No )[Note: Completed] 2. Prior to Site Plan approval by the Site Plan Review Committee the property owner shall record a Unity of Title on the subject property subject to approval by the County Attorney. (DRO: COUNTY ATTY Eng) (Previous Condition E4 of Resolution R , Control No )[Note: Completed] 3. Prior to site plan certification, the petitioner shall obtain permission, if possible, from the Florida State Department of Transportation (FDOT) or the county Engineer to landscape the median of all abutting riqhts-of-way. This landscaping shall consist of a minimum of one (1) twelve (12) foot tall native tree for each thirty (30) linear feet of the adjacent median and appropriate ground cover. Trees may be planted singly or in clusters, with a maximum spacing or sixty (60) feet on center. All landscape material shall be selected according to xeriscape principles from the following list. Trees: Turkey Oak, Live Oak, Slash Pine, Sabal Palmetto Groundcover: Wedilia, Bahia Grass Alternative species may be allowed subject to approval by the Zoning Division. All plant material shall be installed according to xeriscape principles and shall conform with the following: a. All plants shall be container grown. b. The bottom cushion of the planting area shall include a minimum four ( 4 ) inch thick, high moisture retaining, marl based soil. c. Potting soil shall be placed around the plant root balls at time of planting. This landscaping shall be the daily maintenance obligation of the property owner, including irrigation, for ninety (90) days from installation and shall be installed prior to the issuance of the first certificate of occupancy on the site. (DRO: ENGINEERING Eng) (Previous Condition E5 of Resolution R , Control No )[Note: Completed] 4. The property owner shall utilize Palm Beach County Sheriff personnel (or other State approved law enforcement personnel for the use of traffic control during the Sunday peak hour volumes and all special events. (ONGOING: CODE ENF Eng) (Previous Condition E6 of Resolution R , Control No ) 5. Condition E7 of Resolution R , Control No , which currently states: In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after June 16, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2 Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) Is hereby amended to read: ZC August 6, 2009 Page 123

15 In order to comply with the mandatory Traffic Performance Standards, the Developer shall be restricted to the following phasing schedule: a. No building permits for the site shall be issued after December 31, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2.E of the Unified Land Development Code. (DATE: MONITORING Eng) 6. The concurrency approval is subject to the project aggregation rule set forth in the Traffic Performance Standards Ordinance. (ONGOING: ENGINEERING - Eng) (Previous Condition E9 of Resolution R , Control No ) ENVIRONMENTAL 1. Previous Condition F.1. of Resolution R , Control No which currently states: All new excavated lakes shall possess a littoral shelf area. A littoral shelf shall be an area with a slope not greater six (6) feet horizontal to one (1) foot vertical, ranging in depth from ordinary high water (OHW) or the controlled water level (CWL) to four feet below OHW or CWL. A minimum of 30% of the surface area of all lakes shall be planted with native aquatic vegetation on a minimum of three (3) foot centers. A littoral shelf planting plan and maintenance plan shall be submitted to the Department of Environmental Resources Management concurrent with Site Plan Review application and approved by ERM prior to Site Plan certification. This information shall also be provided on a mylar to the Zoning Division as part of the site plan application. Upon completion of Littoral Zone planting, ERM shall be notified. This notification shall occur within 5 working days. This planting shall not be credited as compensation required by wetlands permits. (DRO: ERM Erm) Is hereby deleted. [REASON: superceded by code] 2. Previous Condition F.2. of Resolution R , Control No which currently states: At time of site plan submittal, the petitioner shall submit the following information: a. A detailed vegetation preservation, relocation, and removal program. This Preservation Program shall: 1) Justify all relocation or removal of native vegetation. 2) Detail methods to be used in relocation, preservation and removal of native vegetation. 3) The program shall identify all trees to be preserved, or relocated and where they are to be relocated to, and shall establish appropriate protection measures during the construction and site development phase of the project. (DRO: ERM Erm) Is hereby deleted. [REASON: No Longer Applicable] 3. Previous Condition F.3. of Resolution R , Control No which currently states: Prior to issuance of a Vegetation Removal Permit, the petitioner shall complete the following: a. All trees to be relocated, preserved, or removed shall be identified in the field, tagged and numbered according to a Preservation Program. b. Trees to be preserved shall receive appropriate protection during site development. No clearing shall commence until all protection devices are installed by the petitioner, and inspected and approved by the Zoning Division. c. Tree relocation shall occur prior to construction activity except as approved by the Zoning Division. (DRO: ERM Erm) Is hereby deleted. [REASON: No Longer applicable] ZC August 6, 2009 Page 124

16 4. Previous Condition F.4. of Resolution R , Control No which currently states: Prior to removal of any vegetation on site, the petitioner shall schedule a Pre-clearing Inspection with the Zoning Division. (DRO: ERM Erm) Is hereby deleted. [REASON: No Longer Applicable] 5. Previous Condition F.5. of Resolution R , Control No which currently states: All prohibited species shall be removed from the subject property prior to the issuance of a Certificate of Occupancy (C.O.). (CO: ERM Erm) Is hereby deleted. [REASON: No Longer Applicable] 6. Previous Condition F.6. of Resolution R , Control No which currently states: All existing native vegetation, including understory, depicted on the site plan to remain shall be maintained in perpetuity. Areas where existing native vegetation have been incorporated into the site plan shall be maintained free from invasive, exotic and non-native species. (ONGOING: ERM - Erm) Is hereby deleted. [REASON: No Longer Applicable] LANDSCAPE - PERIMETER-LANDSCAPING ALONG NORTH PROPERTY LINE (FRONTAGE OF BOYNTON BEACH BOULEVARD) 1. Landscaping for the Boynton Beach Boulevard frontage shall be upgraded to include: a. a minimum ten (10) foot wide landscape buffer strip; b. one (1) canopy tree planted for each thirty (30) linear feet of the property line; and, c. thirty (30) inch tall hedge or shrub material planted twenty-four (24) inches on center. (CO: LANDSCAPE Zoning) (Previous Condition J.1. of Resolution R , Control No ) LANDSCAPE - PERIMETER-LANDSCAPING ALONG SOUTH PROPERTY LINE 2. Landscaping and buffering along the south property line shall be upgraded to include: a. a minimum fifteen (15) foot wide landscape buffer strip; b. one (1) canopy tree planted for each twenty (20) linear feet of the property line; c. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; d. thirty (30) inch high shrubs or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of seventy-two (72) inches at maturity. (BLDG PERMIT: LANDSCAPE Zoning) (Previous Condition K.1. of Resolution R , Control No ) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE NORTH 642 FEET OF THE EAST PROPERTY LINE 3. Landscaping and buffering along the north 642 feet of the east property line shall be upgraded to include: a. a minimum ten (10) foot wide landscape buffer strip; b. one (1) canopy tree planted for each twenty (20) linear feet of the property line; c. one (1) small shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; and, d. one (1) medium shrub (Saw Palmetto or similar species or ornamental grass) for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation. (BLDG. PERMIT: LANDSCAPE - Zoning) (Previous Condition L.1. of Resolution R , Control No ) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE SOUTH 638 FEET OF THE EAST PROPERTY LINE ZC August 6, 2009 Page 125

17 4. Landscaping and buffering along the south 638 feet of the east property line shall be upgraded to include: a. a minimum twenty-five (25) foot wide landscape buffer strip; b. one (1) canopy tree planted for each twenty (20) linear feet of the property line; c. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; d. one (1) small shrub for each two (2) linear feet of the property line. Shrub shall be a minimum height of twenty-four (24) inches at installation; e. one (1) medium shrub (Saw Palmetto or similar species or ornamental grass) for each six (6) linear feet of the property line. Shrub shall be a minimum height of thirty (30) inches at installation; and, f. one (1) large shrub for each four (4) linear feet of the property line. Shrub shall be a minimum height of thirty-six (36) inches at installation. (BLDG. PERMIT: LANDSCAPE - Zoning) (Previous Condition M.1 of Resolution R , Control No ) LANDSCAPE - PERIMETER-LANDSCAPING ALONG THE WEST PROPERTY LINE (ABUTTING POST OFFICE AND RESIDENTIAL) 5. Landscaping and buffering along the west property line shall be upgraded to include: a. a minimum fifteen (15) foot wide landscape buffer strip; b. one (1) canopy tree planted for each twenty (20) linear feet of the property line; c. one (1) palm or pine tree for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters; and, d. thirty (30) inch high shrubs or hedge material spaced no more than twenty four (24) inches on center at installation, to be maintained at a minimum height of forty-eight (48) inches. (BLDG PERMIT: LANDSCAPE Zoning) (Previous Condition N.1. of Resolution R , Control No ) LIGHTING 1. All outdoor lighting used to illuminate the premises and identification signs shall be of low intensity, shielded and directed down and away from adjacent properties and streets. (BLDG PERMIT: BLDG - Zoning) (Previous Condition O.1. of Resolution R , Control No ) 2. Lighting fixtures shall not exceed twenty (20) feet in height. Lighting fixtures within fifty (50) feet of the south, east and west property lines shall not exceed a height of twelve (12) feet in height. (CO: BLDG - Zoning) (Previous Condition O.2. of Resolution R , Control No ) 3. All outdoor lighting shall be extinguished no later than 11:00 p.m. Security lighting only is excluded from this requirement. (ONGOING: CODE ENF - Zoning) (Previous Condition O.3. of Resolution R , Control No ) 4. Rooftop lighting shall not be permitted on any structures. (BLDG PERMIT: BLDG Zoning) (Previous Condition O.4. of Resolution R , Control No ) PLANNING 1. Prior to final site plan approval by the Development Review Officer (DRO), the Planning Division shall ensure that this site plan conforms with the site plan presented to the BCC including those recommendations of the West Boynton Area Community Plan incorporated onto the site plan dated April 13, 2004 (Rec.# 41, 42, and 47) regarding pedestrian pathways and pedestrian connections. (DRO: PLANNING-Planning) (Previous Condition P.1 of Resolution R , Control No ) 2. Prior to final site plan approval by the Development Review Officer (DRO), in order to comply with Recommendations 41 and 42 from the West Boynton Area Community Plan, the applicant shall provide landscaping section details depicting landscaped and shaded sidewalks for pedestrian circulation for all internal sidewalks shown in the project. (DRO: PLANNING-Planning) (Previous Condition P.2 of Resolution R , ) SIGNS 1. Signs fronting on Boynton Beach Boulevard shall be limited as follows: a. Maximum sign height - ten (10) feet. ZC August 6, 2009 Page 126

18 b. Maximum total sign face area 100 sq. ft. total. c. Maximum number of signs one (1) monument sign. (CO: BLDG - Zoning) (Previous Condition S.1. of Resolution R , Control No ) USE LIMITATIONS 1. Previous Condition C.1. of Resolution R , Control No , which currently states: Prior to final site plan approval by the Development Review Officer (DRO), the site plan shall be amended to indicate the following limitations: a. A maximum of 120 students and 4,800 square feet of building area. Is hereby amended to read: The Daycare use shall be limited to a maximum of 170 children. (ONGOING: ZONING - Zoning) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the property owner/applicant both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy (CO); the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the Unified Land Development Code (ULDC) at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or the Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. (ONGOING: MONITORING - Zoning) ZC August 6, 2009 Page 127

19 Exhibit D Disclosure The property owner is a non-profit corporation. A Disclosure form is not required. ZC August 6, 2009 Page 128

20 Exhibit E Letter from COBWRA dated June 9, 2009 ZC August 6, 2009 Page 129