PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION Application No.: ABN/Z/DOA/CA-2012-00696 Control No.: 2005-00589 Applicant: Florida Charter Foundation, Inc Precious Property Management LLC Capstone Resdev LLC Owners: Precious Property Management LLC Capstone Resdev Llc Agent: Urban Design Kilday Studios - Wendy Tuma Telephone No.: (561) 366-1100 Project Manager: Joyce Lawrence, Site Planner II Location: 0.75 miles north of Gateway Boulevard on the northeast corner of Knollwood Road and Old Military Trail (Franklin Academy - Boynton) TITLE: a Development Order Abandonment REQUEST: to abandon Resolution R-2007-1620 TITLE: an Official Zoning Map Amendment REQUEST: to allow a rezoning from the Agriculture Residential (AR) Zoning District to the Residential Single Family (RS) Zoning District TITLE: a Development Order Amendment REQUEST: to reconfigure the Site Plan to add land area and add an access point TITLE: a Class A Conditional Use REQUEST: to allow a School, Elementary or Secondary (Private School) APPLICATION SUMMARY: Proposed is a rezoning of a 1.92-acre parcel from the Agriculture Residential (AR) Zoning District to the Single Family Residential (RS) Zoning District and a Development Order Amendment (DOA) for the Franklin Academy - Boynton, Charter School. The applicant is proposing to reconfigure the Site Plan to add land area (+1.92-acres), add an access point (South Military Trail) and replace the approved unbuilt Townhouses use with an Elementary and Secondary School (Charter). The 8.01-acre site was originally approved by the Board of County Commissioners (BCC) on September 24, 2007 to allow a Rezoning from the AR Zoning District to the RS Zoning District for 52 Townhouse units. The Preliminary Site Plan indicates a 79,670 square foot, 2-story building for the Charter School to accommodate 1,340 children on the 9.93-acre parcel. A total of 129 parking spaces will be provided and 2 access points to the site will remain from Old Military Trail (1) and South Military Trail (1), egress only. ISSUES SUMMARY: o Project History On September 24, 2007, the BCC approved via Resolution R-97-2078 an Official Zoning Map Amendment to allow a rezoning from the AR Zoning District to the RS Zoning District and via ZC July 5, 2012 Page 22

Resolution R-2007-1620 a Class A Conditional Use approval to allow a 52-unit Townhouse development. o Consistency with Comprehensive Plan The Planning Division has determined that the requests are generally consistent with the site s Medium Residential 5 units per acre (MR-5) Future Land Use (FLU) designation of the Comprehensive Plan. Additionally, the subject site is located within the Urban/Suburban Tier. See Staff Review and Analysis for additional information from the Planning Division. o Compatibility with Surrounding Land Uses EAST: FLU Designation: Medium Residential (MR-5) Zoning District: Residential Planned Unit Development District (PUD) Supporting: Residential (City of Boynton Beach) SOUTH: FLU Designation: Medium Residential (MR-5) Zoning District: Agricultural Residential District (AR) Supporting: Residential NORTH: FLU Designation: Medium Residential (MR-5) Zoning District: Single-Family Residential District (RS) Supporting: Residential (Control No 96-071, The Colony PUD) WEST: FLU Designation: Commercial High, with an underlying MR-5 (CH/5) Zoning District: General Commercial District (CG) Supporting: Commercial The site is surrounded mostly by residential properties with commercial properties to the west. Staff has determined that the proposal, subject to the Conditions of Approval, would address any potential compatibility issues of the overall development and the surrounding land uses. o Rezoning with a Conditional Overlay Zone On September 24, 2007, the site was rezoned with a Conditional Overlay Zone (COZ) (Resolution R- 2007-1219) to authorize specific restrictions such as landscaping, signage, traffic performance standards, health regulations and workforce housing to proactively address potential incompatibilities with the adjacent properties, and to ensure mandatory Health, Traffic Performance Standards and Zoning items are met pursuant to Health Conditions 1-4, Engineering Conditions 1-3, Landscape 1-8, Site Design 1 and Planning Workforce Housing 1-3. Based on the current request staff recommends to revoke the prior Conditions of Approval in Resolution R-2007-1620. The applicant is proposing to add a 1.92-acre parcel of land located to the north of the existing 8.01- acre site for a total of 9.93 acres. This proposed parcel of land currently supports a small Mobile Home Park. The site has an AR Zoning District and is to be rezoned to the RS Zoning District for consistency with the site s MR-5 FLU designation to allow the lot combination to support the proposed Charter School Use. o Architectural Review The proposed development is subject to Article 5.C Architectural Guidelines. Staff is recommending that at time of submittal for final Development Review Officer (DRO) approval, the architectural ZC July 5, 2012 Page 23

elevations for the proposed building be submitted simultaneously with the site plan for final architectural review and approval. (Architecture Review Condition 1.) The initial elevations for the 1,340 student, 79,670 square foot proposed Elementary or Secondary School (Charter) have been prepared and submitted by Harry Bopp AIA dated May 10, 2012. (See Figure 6.) The elevations were reviewed by the Architectural Review staff and found to be generally compliant with the relevant articles within the ULDC and the conditions of approval. They are, also, consistent with the surrounding existing built environment in form, materials and height. TABULAR DATA EXISTING PROPOSED Property Control 00-42-45-12-05-015-0030 Same Number(s) 00-42-45-12-05-015-0010 00-42-45-12-05-015-0020 Land Use Designation: Medium Residential (MR-5) Same Zoning District: Single-Family Residential 9.93 Acre overall RS Site District (RS) 8.01 Acres Agricultural Residential District (AR) 1.92 Acres Tier: Urban/Suburban Same Use: Vacant Elementary or Secondary School (Charter) Approved Townhouse Acreage: 8.01 acres 9.93 acres (+1.92) Dwelling Units: 52 units (Approved) - Density: 6.49 units/acre (Approved) - Parking: - 129 spaces Square Footage - 79,220 Square Feet FAR - 0.18 No. of Children - 1,340 Children Access: Old MilitaryTrail (1) (Approved) Old MilitaryTrail (1) (Approved) South Military Trail (1) [Egress Only] PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no responses from the public regarding this project. RECOMMENDATION: Staff recommends approval of the Development Order Abandonment; approval of the Official Zoning Map Amendment; approval of the Development Order Amendment subject to 17 Conditions of Approval as indicated in Exhibit C-1; approval of the Class A Conditional Use subject to 4 Conditions of Approval as indicated in Exhibit C-2. MOTION: To recommend approval of a Development Order Abandonment to abandon Resolution R- 2007-1620 for a Class A Conditional Use to allow Townhouses. MOTION: To recommend approval of an Official Zoning Map Amendment to allow a rezoning from the Agriculture Residential (AR) Zoning District to the Residential Single Family (RS) Zoning District. ZC July 5, 2012 Page 24

MOTION: To recommend approval of a Development Order Amendment to reconfigure the Site Plan to add land area and add an access point subject to Conditions of Approval as indicated in Exhibit C- 1. MOTION: To recommend approval of a Class A Conditional Use to allow a School, Elementary or Secondary (Charter School) subject to Conditions of Approval as indicated in Exhibit C-2. ZC July 5, 2012 Page 25

Figure 1 - Land Use Map ZC July 5, 2012 Page 26

Figure 2 - Zoning Map ZC July 5, 2012 Page 27

Figure 3 - Aerial ZC July 5, 2012 Page 28

Figure 4 Preliminary Site Plan dated May 10, 2012 ZC July 5, 2012 Page 29

Figure 5 - Preliminary Regulating Plan dated May 10, 2012 ZC July 5, 2012 Page 30

Figure 6 Elevations dated May 10, 2012 ZC July 5, 2012 Page 31

PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS FUTURE LAND USE (FLU) PLAN DESIGNATION: Medium Residential 5 units per acre (MR-5). TIER: The subject site is in the Urban/Suburban Tier. FUTURE ANNEXATION AREAS: The site is within the future annexation area of the City of Boynton Beach. INTERGOVERNMENTAL COORDINATION: The site is within one mile of the City of Boynton Beach. CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Development Order Amendment, Development Order Abandonment, a Rezoning and a Class A Conditional Use to allow for an Elementary or Secondary School. The requested uses are consistent with the MR-5 FLU designation. Additionally, The Future Land Use Element Implementation Section III: 7 states that for Institutional and Public Facilities, Institutional and Public Facilities shall be permitted in all Future Land Use Atlas designations provided such uses are consistent with the Comprehensive Plan and the Unified Land Development Code. FLUE Policy 2.2.8-a: Institutional and Public Facility uses may be allowed in all future land use designations, provided the uses are consistent with the provisions of the Comprehensive Plan and ULDC. (Omitted for brevity) The maximum Floor Area Ratio (FAR) of.45 allowed for a non-residential project with a Medium Residential FLU designation in the Urban Suburban Tier (9.93 ac x 43,560 x.45 = 194,647.86 square feet maximum). The request for a total of 79,670 square feet equates to a FAR of approximately 0.18 (79,670/432,550.8=.184). SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: The site is located within the West Boynton Area Community Plan. The applicant has discussed the request with COBWRA and has stated that they will meet with the neighborhood group prior to the Public Hearings. The West Boynton Area Community Plan identifies the need for new schools to serve the young families in the area (II.C. Services, p. 35) and Section II.C.3, Services: Schools (p. 41), identifies adding schools as a key issue to serve the school-age children in the area. In Section III, Statement of Needs, part 4: Services. Summary of Needs (p. 51), the plan highlights the need to attract services and co-locate them appropriately- schools are part of these services. FINDINGS: The request is generally consistent with the MR-5 designation of the Palm Beach County Comprehensive Plan and is not inconsistent with the neighborhood plan. ENGINEERING COMMENTS: REQUIRED ENGINEERING RELATED PERMITS The property owner shall obtain an onsite Drainage Permit from the Palm Beach County Engineering Department, Permit Section, prior to the application of a Building Permit. The property owner shall obtain a Turnout Permit from the Palm Beach County Engineering Department, Permit Section, for access onto Military Trail and onto Old Military Trail. TRAFFIC IMPACTS The Property Owner has estimated the build-out of the project to be December 31, 2016. Previously approved traffic from this project was 326 trips per day, 13 trips in the AM peak hour. Additional ZC July 5, 2012 Page 32

traffic expected from the proposed project is 2,997 trips per day, 1,193 trips in the AM peak hour, for grand total impact of 3,323 daily and 1,206 AM peak hour trips. Additional traffic is subject to review for compliance with the Traffic Performance Standard. There are no improvements to the roadway system required for compliance with the Traffic Performance Standards. PALM BEACH COUNTY HEALTH DEPARTMENT: No Comment. ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site was a former residence and trailer park and does not support significant amounts of native vegetation. WELLFIELD PROTECTION ZONE: The property 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. 93 3. 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. 93 15. 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 Comment. PARKS AND RECREATION: Comment. CONCURRENCY: Concurrency has been approved for 79,220 square foot Elementary or Secondary School (Charter) with 1,340 children. WATER/SEWER PROVIDER: City of Boynton Beach FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). FINDINGS: Rezoning Standards: When considering a Development Order application for rezoning to a Standard Zoning District, the BCC and ZC shall consider standards 1-7 indicated below. In addition, the standards indicated in section 2.B shall also be considered for rezoning to a Standard Zoning District with a Conditional Use, and rezoning to a PDD or TDD with or without a Requested Use or Waiver. An 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: ZC July 5, 2012 Page 33

1. Consistency with the Plan - The proposed amendment is consistent with the Plan. The current AR Zoning District is inconsistent with the current Future Land Use designation of MR/5 The proposed rezoning to the RS Zoning District will therefore bring the site into compliance with the MR/5 Land Use designation of the Comprehensive Plan. 2. Consistency with the Code - The proposed amendment is not in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. The request is consistent and complies with the applicable standards and provisions of the Code.With the proposed rezoning of the northern 1.92-acre parcel of land to be added to the existing 8.08-acre parcel of land, the subject site development and operation would then be in accordance with the provisions of the proposed rezoning to RS Zoning District and the Supplemental Use Standards of ULDC Article 4.B. 3. Compatibility with Surrounding Uses - The proposed amendment is compatible, and generally consistent with existing uses and surrounding zoning districts, and is the appropriate zoning district for the parcel of land. In making this finding, the BCC may apply an alternative zoning district. The proposed rezoning request of the 1.92-acre parcel of land to the north is compatible as defined in the Code and is generally consistent with the mixed non-residential and residential uses and character of the land surrounding and in the vicinity of the land proposed for development. The southern portion of 8.01-acre parcel of land was previously rezoned to the RS Zoning District. Pending the proposed rezoning approval of the 1.92-acre portion of land to the north of the site, the overall site will be consistent and generally compatible to the existing surrounding uses. 4. Effect on Natural Environment The proposed amendment will not result in significantly adverse impacts on the natural environment, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment. The proposed 1.92-acre parcel of land that is to be rezoned currently support a trailer park. The remainder of the site to the south supports a vacant residential home. The site does not support significant amounts of native vegetation and no significant environmental issues are associated with this petition beyond compliance with ULDC requirements. 5. Development Patterns The proposed amendment will result in a logical, orderly, and timely development pattern. The proposed amendment will result in a logical, orderly, and timely development pattern. The proposed request to rezone the 1.92 acres parcel of land from the AR to RS Zoning District and to add the land area to the existing 8.03 parcel for a total of 9.93 acres will bring the site into compliance with the MR/5 Land Use designation of the Comprehensive Plan to develop a charter school use. 6. Adequate Public Facilities The proposed amendment complies with Art. 2.F, Concurrency. Concurrency has been approved for 79,220 square foot Elementary or Secondary School (Charter) with 1,340 children. The City of Boynton Beach will provide water and sewer services to the site. 7. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate the amendment. The proposed rezoning of the 1.92 acre portion of the site to the north is to change the AR Zoning District to RS Zoning District to allow consistent with the remainder 8.03 parcel of land to the south of the site and also compatible with the existing MR-5 FLU designation. The applicant states that based on changes and growth within the surrounding area, the rezoning request validate the change in the zoning district for the added land to allow consistency with the MR-5 FLU and consistency with the surrounding area. ZC July 5, 2012 Page 34

FINDINGS: Development Order Amendment and Conditional Use: When considering a Development Order application for a Conditional or Requested Use, or a Development Order Amendment, the BCC and ZC shall consider standards 1 8 indicated below. A Conditional or Requested Use or 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.- 2.B and provides the following assessment: 1. Consistency with the Plan The proposed use or amendment is consistent with the purposes, goals, objectives and policies of the Plan, including standards for building and structural intensities and densities, and intensities of use. The proposed amendment and Conditional Use are generally consistent with the site s FLU designation of MR-5. It is also consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. 2. Consistency with the Code - The proposed use or amendment complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. The proposed use also complies with all applicable portions of Article 4.B, SUPPLEMENTARY USE STANDARDS. The proposed amendment and Conditional Use to allow a School (Charter) complies with all applicable standards and provisions of this Code for use, layout, function, and general development characteristics. Pending approval of the rezoning, the proposed development complies with all relevant and appropriate portions of Code. The site plan exceeds minimum ULDC setback, is in compliance with the buffer requirements, and through compliance with the Conditions of Approval contained herein is designed to minimize any adverse impacts. 3. Compatibility with Surrounding Uses The proposed use or amendment is compatible 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 and Class A will be compatible and generally consistent with the uses and character of the area surrounding and in the vicinity of land proposed for development. The proposed development provides a transition of use from the existing and planned commercial development to the existing and planned residential development to the west and south. Pending the approval of the rezoning of the proposed 1.92-acre parcel of land and subject to the Conditions of Approval the proposed use is compatible as defined in the 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 zoning designation is appropriate for the subject property and should not negatively affect the compatibility of the site with its surrounding uses. 4. Design Minimizes Adverse Impact The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The design of the proposed use minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands. The site currently supports a mobile home park to the north and an abandoned single family home to the south of the site. The site was previously approved for a 2- story townhouse, a 52-unit development. The applicant is requesting to abandon the prior request, and to reconfigure the Site Plan to allow a Elementary or Secondary School (Charter). The site is design to include a 1.56-acre Lake Tract along the east property line adjacent to the 15 foot wide incompatibility landscape buffer to provide additional open space and buffering to the existing single family residential properties. In addition, the play ground is located along the west property line adjacent to the ultimate right of ways for Old Military Trail and South Military Trail to minimize potential compatibility issues. For example, the lake ZC July 5, 2012 Page 35

is located along the east, the playground is located on the eastern side to the site (not adjacent to residential) and the automobile traffic is directed along the south property line which is adjacent to the LWDD Canal L-20. Subject to the Conditions of Approval, the proposed site design should not have adverse impacts on the adjacent parcels of land. 5. Design Minimizes Environmental Impact The proposed use and design minimizes environmental impacts, including, but not limited to, water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. The land proposed for development currently supports a mobile home park to the north and an abandoned single family home to the south of the site. Staff has determined that the proposed use and layout of the site minimizes environmental impacts, including but not limited to water, air, storm water management, wildlife, vegetation, wetlands and the natural functioning of the environment. 6. Development Patterns The proposed use or amendment will result in a logical, orderly and timely development pattern. The site is surrounded by residential properties to the north, south and east, and commercial properties to the west. The site was previously approved for a 2-story townhouse development which was previously found to be relatively compatible with the surrounding area. Pending the approval of the rezoning request, the proposed use will support a 2-story charter school development and will creates a transition of development pattern between the single family residences and the commercial properties in the area. The proposed amendment will result in a logical, orderly, and timely development pattern. 7. Adequate Public Facilities The extent to which the proposed use complies with Art. 2. F, Concurrency. See Rezoning Standard No. 6. 8. Changed Conditions or Circumstances There are demonstrated changed conditions or circumstances that necessitate a modification. The subject site is currently vacant. It was originally approved on September 24, 2007 via Resolution R-2007-1620 to allow a townhome development. The applicant is proposing to abandon the current approval and replace it with a Charter School use. The applicant is proposing to add a 1.92 acre parcel of land locate to the north of the existing 8.03 parcel of land for a total of 9.93 acres and to change the zoning designation of the said parcel of land from AR to RS Zoning District for consistency with the Zoning District of the remainder of the subject site s and to allow consistency with the MR-5 Future Land Use designation. The applicant states in the Justification Statement that there is an increase in student enrollment at Charter schools, as parents are registering their children in these types of institution as alternative to traditional public schools. ZC July 5, 2012 Page 36

CONDITIONS OF APPROVAL EXHIBIT C-1 Development Order Amendment ALL PETITIONS 1. All previous Conditions of Approval applicable to the subject property, as contained in Resolution R-2007-1619 (Control 2005-589), have been revoked. (ONGOING: MONITORING - Zoning) 2. The approved Preliminary Site Plan is dated May 10, 2012. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for final approval by the Development Review Officer (DRO), the architectural elevations shall be submitted for final architectural review and approval. Elevations shall comply with the standards indicated in Article 5.C of the Unified Land Development Code (ULDC) and shall be designed to be generally consistent with the facade elevations prepared by McGarvey Development Company and dated May 10, 2012. Development shall be consistent with the approved architectural elevations, the DRO approved site plan, all applicable conditions of approval, and all ULDC requirements. (DRO: ARCH REVIEW - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: a. No Building Permits for the site may be issued after December 31, 2016. 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 Art. 2.E of the Unified Land Development Code. (DATE: MONITORING-Eng) 2. The property owner shall provide for the acquisition funding costs of the right of way for a south approach right turn lane on Military Trail at Miner Road to provide for a minimum of 280 feet in length, 12 feet in width and a 50 foot taper or as approved by the County Engineer. Final alignment for the right of way shall be subject to approval by the County Engineer. Funding shall include Palm Beach County staff and attorney costs. Acceptable surety shall be provided to the Land Development Division prior to January 26, 2013 or prior to issuance of the first building permit, whichever shall occur first. Notification for posting the required surety by the property owner shall be given to the Land Development Division. (DATE: MONITORING-Eng) 3. The Property Owner shall construct: i. a right turn lane south approach on Military Trail at Miner Road (aka Knollwood Rd/80th Land South), ii. median modifications on Military Trail at Miner Road (aka Knollwood Rd/80th Land South), including the removal of approximately 30 feet of median to allow for westbound left turns, and iii. median modifications on Military Trail at the project entrance/old Military Trail, including the removal of approximately 20 feet of median on the north approach and the extension of approximately 60 feet of median on the south approach to improve operations. iv. Old Military Trail from Military Trail south to Miner Road (aka Knollwood Rd/80th Land South) to local street standards including paved shoulders, appropriate drainage, two 10-foot travel lanes and sidewalks, as required by the County Engineer ZC July 5, 2012 Page 37

This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to, utility relocations and acquisition of any additional required right-of-way. a. Permits required from Palm Beach County for this construction shall be obtained prior to the issuance of the first building permit. (BLDG PERMIT: MONITORING-Eng) b. Construction shall be completed prior to the issuance of the first Certificate of Occupancy. (CO: MONITORING-Eng) 4. The Property Owner shall fund the cost of signal installation if warranted as determined by the County Engineer at Miner Road and Military Trail. Signalization shall be a mast arm structure installation. The cost of signalization shall also include all design costs and any required utility relocation and right of way or easement acquisition. a. No Building Permits shall be issued until the developer provides acceptable surety to the Traffic Division in an amount as determined by the Director of the Traffic Division. (BLDG PERMIT: MONITORING-Eng) b. In order to request release of the surety for the traffic signal at the above intersection, the Property Owner shall provide written notice to the Traffic Division stating that the 11-day count for school enrollment exceeds 1,000 students and requesting that a signal warrant study be conducted at the intersection. The Traffic Division shall have 24 months from receipt of this notice to either draw upon the monies to construct the traffic signal or release the monies. In the event that the property is sold, the surety may be returned once the Traffic Division receives written documentation of the sale and a replacement surety has been provided to the Traffic Division by the new Property Owner. (ONGOING: ENGINEERING-Eng) 5. Prior to issuance of the first building permit the property owner shall combine the property into a single lot of record in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) 6. The property owner shall provide an acceptable drainage study identifying any historical drainage from offsite parcels, including proposed grading cross sections. The project's stormwater management system shall be designed to address any historical drainage. The property owner shall provide drainage easements, as required, to accommodate offsite drainage. a. Drainage study shall be provided to the Land Development Division prior to final approval of the Site Plan by the DRO. (DRO: ENGINEERING-Eng) b. Any required drainage easements shall be dedicated in conjunction with any subdivision approval or recorded prior to issuance of the first building permit, whichever shall occur first. (PLAT/BLDG PERMIT: MONITORING-Eng) HEALTH 1. Prior to the issuance of a building permit, the property owner shall be in receipt of a Site Rehabilitation Completion Order or a No Further Action determination from the Florida Department of Environmental Protection. (BLDG PERMIT: MONITORING-Health) 2. Prior to the issuance of a building permit, the property owner shall submit results of a predemolition asbestos containing materials (ACM) of the building(s) on the site to the Palm Beach County Health Department. (BLDG PERMIT: MONITORING-Health) 3. Wastewater isavailable to the property. Therefore no onsite sewage threatment and disposal system (OSTDS) shall be permitted on this site. All existing OSTDS shall be abandoned in accordance with Chapter 64E-6, FAC, and Palm Beach County ECR-I. (ONGOING: HEALTH-Health) ZC July 5, 2012 Page 38

4. Water is available to the property. Therefore, no well shall on the site to provide potable water. All exsisting potable water supply systems shall be abandoned in accordance with Chapter 64E-8 and Palm Beach County ECR-II. (ONGOING: HEALTH-Health) LANDSCAPE - GENERAL 1. At time of submittal for Building Permit, the property owner shall submit a Landscape Plan or an Alternative Landscape Plan to the Landscape Section for review and approval. The Plan(s) shall be prepared in compliance with all landscape related conditions of approval as contained herein. (DRO OR BLDG PERMIT: LANDSCAPE - Zoning) LANDSCAPE - PERIMETER-PERIMETER LANDSCAPING ALONG THE NORTH AND EAST PROPERTY LINE (ABUTTING RESIDENTIAL) 2. In addition to code requirements and the proposed landscaping along the north and east property lines shall be upgraded to include: b. one (1) palm or pine for each for each thirty (30) linear feet of the property line with a maximum spacing of sixty (60) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning) 3. All palms shall meet the following minimum standards: a. Clear trunk: staggered heights of twelve (12) to eighteen (18) feet. (BLDG PERMIT: LANDSCAPE - Zoning) LAKE WORTH DRAINAGE DISTRICT 1. Prior to Platting, the issuance of any Lake Worth Drainage District permits, or approval from the District for Technical Compliance the owner shall convey either by an exclusive easement or warranty deed, the North 10 feet of the South 50 feet, less lands owned by the District. Being more particularly described as, the area between the east line of Tract 15, and a line shown as the east line of the 66 foot road right-of-way, which is based on the South line of Section 12/45/42, PER PLAT OF MARY A LYMAN ET AL, PB 9, PG 74. This is for the required right-of-way for the L-20 Canal (based on canal cross-sections) ENG: PLAT-LWDD 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 July 5, 2012 Page 39

EXHIBIT C-2 Conditional Use Class A Charter School ALL PETITIONS 1. The approved Preliminary Site Plan is dated May 10, 2012. Modifications to the Development Order inconsistent with the Conditions of Approval, or changes to the uses or site design beyond the authority of the Development Review Officer as established in the Unified Land Development Code, must be approved by the Board of County Commissioners or the Zoning Commission. (ONGOING: ZONING - Zoning) USE LIMITATIONS 1. The number of children shall be limited to a maximum of 1,340 children. (ONGOING: CODE ENF - 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 July 5, 2012 Page 40

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