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HomeMy WebLinkAboutAgenda P&Z 112707�1 / ' Lkl;, h 12 0 r "" I IT IV , 1 Novemder 27th, 2007 Randooh Hansen Dennis Solomon Craig XunkCe Michael Panczak Douglas Penned Barry Present Jonathan D. Rubins Joy Hecht 0_' Aft.) Amir aCaneC(z"d Aft.) C7 • CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 MEMORANDUM DATE: November 27, 2007 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, November 27, 2007 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, November 27, 2007. This meeting will be held in the Council Chambers, Palm Beach Gardens Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m. Enclosed with this memorandum are the following items: 1. An agenda for the meeting; and 2. A compact disc containing PowerPoint presentations 3. A Growth Management Department staff report for the items to be heard. As always, the respective Project Managers' telephone numbers and e-mail addresses have been provided in case you have any questions or require additional information on any petition. This will help us offer better staff support in the review of these applications. Nina Sorenson, Administrative Specialist II, will call to confirm your attendance. Growth Management Administrator I PLANNING, ZONING AND APPEALS BOARD •2 REGULAR MEETING 3 AUGUST 28, 2007 4 MINUTES 5 6 The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach 7 Gardens, Florida, was called to order by Chair Craig Kunkle, at 6:30 P.M. in the Council 8 Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, 9 and opened with the pledge of allegiance. 10 11 REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR 12 Kara Irwin, Growth Management Administrator, reported that the City Council approved: 13 • The final Office of Tourism and Economic Development (OTED) agreement for the 14 Bioscience Overlay. 15 • On first reading a text amendment for the number of parking spaces for pharmacies and 16 drive thru. 17 • The master signage for Gardens Commerce Center with the amendment that all signage 18 will be bronze. 19 • The Gardens Point project. 20 • On first reading rezoning of the Monet office pr 'e t. 21 • On first reading rezoning for the Legends p luding the drugstore. 22 • Directed staff to do a text amendment to a that nightclubs and bars were 23 prohibited in the PGA Overlay. 24 •25 ROLL CALL 26 Debbie Andrea, Public Information r tor, led the roll for the Planning, Zoning and 27 Appeals Board: 28 Present Absent 29 Craig Kunkle, Chair Jonathan Rubins 30 Douglas Pennell, Vice Chair 31 Barry Present (Arrived at 6:37 p.m.) 32 Randolph Hansen 33 Dennis Solomon 34 Michael Panczak 35 Joy Hecht, 1 st Alternate 36 Amir Kanel, 2nd Alternate 37 38 All those intending to offer testimony in any of tonight's cases were sworn in. 39 40 Recommendation to City Council 41 Ex Parte Communication (Quasi - Judicial) (Public Hearing) 42 Petition PUDA- 07 -03- 000005: Waterford/Wyndham Garden Hotel Planned Unit Development 43 (PUD) Amendment 44 A request by Cotleur & Hearing, Inc., on behalf of Pinnacle Hospitality, Inc., to amend the 45 Waterford/Wyndham Garden Hotel PUD to allow a structural addition between two existing 46 buildings to provide a new entry, central lobby, and drop -off area; eliminate suites in order to 47 increase the number of hotel rooms from 77 to the 90 previously approved; eliminate a public 041 restaurant; add an emergency exit at the North end of the site; add architectural enhancements to Planning, Zoning and Appeals Board Regular Meeting Page 1 08-28-07 I existing building; and provide a courtyard garden. The 1.85 -acre parcel is located on the East • 2 side of U.S. Highway 1, approximately one -tenth of a mile South of PGA Boulevard. 3 4 Dennis Solomon reported ex parte communication. 5 6 Donaldson Hearing presented the applicant's request. Questions and comments from the board 7 included: 8 • Whether the elevation matched the plan. 9 • Whether the restaurant should be for hotel guests only. 10 • Whether parking was available across the street. 11 • Traffic circulation. 12 • Building color and height. 13 • Special events. 14 • Lighting. 15 • No changes to the ancillary building, and confirmed no new mechanical equipment 16 would be placed on the roof. 17 Craig Kunkle, Chair, declared the public hearing open. 18 • Juanita Demrick, Twelve Oaks, welcomed the new owner but expressed concern there 19 would be too much noise; questioned whether serving dinner had been approved and the 20 purpose of the courtyard. 21 • Eleanor Wehrman asked if the meeting roo a changed to a multipurpose room. 22 — Staff indicated that would be addressed to ntation to the City Council. 23 — Donaldson Hearing explained the p ;auing e he in room was to remain for 24 meetings. •25 — Hotel was committed to be a go ei and would monitor noise and smells. 26 — Courtyard would be use w for dinner. 27 Hearing no further comments fr e i aig Kunkle, Chair, declared the public hearing 28 closed. 29 30 The applicant confirmed there would b an East and a West window added on the second floor, 31 and the plans would be changed to reflect that. Staff and the applicant indicated there should be 32 no problems with obtaining a liquor license. The applicant indicated they would work with staff 33 to assure there was sufficient parking for the ancillary meeting room. 34 35 MOTION 36 Dennis Solomon made a motion to recommend to City Council approval of Petition PUDA -07- 37 03- 000005 with staff recommendations including one waiver and conditions, with condition 30 38 modified so that the second sentence included that there be no general public restaurant and that 39 the drawings be updated to clearly reflect what was to be built before presentation to City 40 Council. Motion seconded and carried by unanimous 7 -0 vote. 41 42 OLD BUSINESS 43 There was no old business to come before the board. 44 45 NEW BUSINESS 46 A member of the audience who wished to make public comment on an unrelated matter was 47 advised to meet with staff after the meeting. • Planning, Zoning and Appeals Board Regular Meeting Page 2 08-28-07 • • i ADJOURNMENT 2 There being no further business, the meeting was adjourned at 7:25 p.m. The next regular 3 meeting will be held September 11, 2007. 4 5 APPROVED: 6 7 8 Craig Kunkle, Jr., Chair 9 10 11 12 Douglas Pennell, Vice Chair 13 14 15 16 Barry Present 17 18 19 20 Dennis Solomon 21 22 23 24 Randolph Hansen 25 26 27 28 Michael Panczak 29 30 31 32 Jonathan R 33 34 35 36 Joy Hecht 37 38 39 40 Amir Kanel 41 42 43 44 45 Debbie Andrea, Public Information Coordinator 46 Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim 47 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All 48 referenced attachments are on file in the City Clerk's office. Planning, Zoning and Appeals Board Regular Meeting 08-28-07 Page • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 • 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING SEPTEMBER 11, 2007 MINUTES The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order by Craig Kunkle, Chair at 6:30 P.M. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the pledge of allegiance. REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR Kara Irwin, Growth Management Administrator, reported that the City Council approved: • A text amendment for a pharmacy drive thru • The Legends at the Gardens project • The Monet Oaks project, now known as Village Square 11. APPROVAL OF MINUTES Michael Panczak moved for approval of the minutes o 40v ugust 14, 2007 meeting. Douglas Pennell seconded the motion, which carried bSca t-7- ROLL CALL Debbie Andrea, Public Information Coordi e roll for the Planning, Zoning and Appeals Board: Present Craig Kunkle, Chair Douglas Pennell, Vice Chair' Barry Present Randolph Hansen Dennis Solomon Michael Panczak Jonathan Rubins Joy Hecht , 1 st Alternate Amir Kanel, 2nd Alternate Absent Craig Kunkle, Chair, and Randolph Hansen reported ex pane communication. Both met with representatives for the Gander Mountain project. All those intending to offer testimony in any of tonight's cases were sworn in. PUBLIC WORKSHOP ADMN- 07 -08- 000160: PGA National Park A request by Todd Engle, on behalf of the City of Palm Beach Gardens, for an administrative site plan amendment for the relocation and modification of existing facilities, renovation of existing fields, and addition of new facilities to the existing park on the 36 -acre parcel located on the north side of Northlake Boulevard and east of Ryder Cup Boulevard. Planning, Zoning and Appeals Board Regular Meeting Page 1 09-11-07 • • C, 1 Todd Engle, Construction Services Director, presented the proposed amendment. 2 Craig Kunkle, Chair, called for public comment. 3 • Edna Howland, Lexington Green, inquired about the location of extra parking. Mr. Engle 4 reviewed additional parking on the site plan. 5 • Tory Buckley, Daffodil Circle, commented the park would be very accessible to 6 everyone, provide multipurpose athletic fields, and be well -used. 7 • Charlotte Presensky, Recreation Director, indicated staff had worked closely with the 8 PGA National Property Owners Association. Traffic concerns were discussed. 9 • Staff was congratulated on a good job. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RECOMMENDATION TO CITY COUNCIL Ex Parte Communication (Quasi - Judicial) (Public Hearing) Petition PUDA- 07 -05- 000006: Seasons 52 Fresh Grille & Wine Bar PUD Amendment A request by Cotleur & Hearing, Inc., agent for GMRI, Inc., for approval of an amendment to the Seasons 52 Planned Unit Development (PUD) to allow a use change from an art gallery to professional office, to amend conditions within Resolution , 2005, and to reallocate building square footages. The 2.93 -acre site is located at the no st corner of PGA Boulevard and Ellison Wilson Road. Donaldson Hearing, Cotleur & Hearing, presente4ffe,,&oject M behalf of the applicant and requested: • Change from art gallery use to pr • Change the previous condition pi • Mr. Pennell and Mr. Rubins s • Other board members supp d music. Craig Kunkle, Chair, decla he p 'c declared the public hearing c Per music to be able to have soft music. ;round music. ining condition 13, which prohibited outdoor open. Hearing no comments from the public, he MOTION Dennis Solomon made a motion to recommend to City Council approval of Petition PUDA -07- 05- 000006 with the change in use and not eliminating condition 13. Barry Present seconded the motion. Motion failed, with Michael Panczak, Randolph Hansen, Douglas Pennell, and Jonathan Rubins voting no; Mr. Solomon, and Mr. Present voted in favor of the motion; Craig Kunkle, Chair, stated his vote was moot —the motion failed. MOTION Douglas Pennell made a motion to recommend to City Council approval of Petition PUDA -07- 05- 000006 with the allowance of background music, striking condition 13. Jonathan Rubins seconded the motion. Motion carried 5 -2, with Mr. Present and Mr. Solomon voting no. Planning, Zoning and Appeals Board Regular Meeting Page 2 09-11-07 • 1 RECOMMENDATION TO CITY COUNCIL 2 City Initiated Request (Public Hearing) 3 Petition LDRA -07 -05- 000015: Ordinance 24, 2007 4 An ordinance of the City Council of the City of Palm Beach Gardens, Florida related to 5 permitted uses in the General Commercial (CG1) "Permitted Uses, Minor, and Major 6 Conditional Uses, and Prohibited Uses" to allow ancillary boat, watercraft, and all- terrain vehicle 7 sales as a Major Conditional Use; providing for codification; and providing an effective date. 8 9 Donaldson Hearing, Cotleur & Hearing, presented the petition on behalf of Oppidan Investment 10 Company. 11 • The board expressed no problems. 12 • Craig Kunkle, Chair, declared the public hearing open. 13 • Carolyn Chaplik, Hudson Bay Drive, indicated she wanted to be sure all the boats were 14 kept inside the building. 15 • Hearing no further comments from the public, Craig Kunkle, Chair, declared the public 16 hearing closed. 17 18 MOTION 19 Michael Panczak made a motion to recommend tk*4Coun proval of Petition LDRA -07- 20 05- 000015. Jonathan Rubins seconded the motion rried y unanimous 7 -0 vote. 21 22 RECOMMENDATION TO CITY COUNQUoh- 23 ,W Ex Parte Communication uasi- Judicial c •24 Petition PPUD- 07 -05- 000014: GanderldwntalWaT 25 H A request by Mr. Donaldson H g C ur & Hearing, on behalf of KTJ Limited 26 Partnership 167, for approval of t tain Retail Planned Unit Development (PUD) 27 to allow for the construction - square -foot retail building on a 13.18 -acre site and 28 major conditional use app 1 to w e ancillary sale of boats, watercraft, and all - terrain 29 vehicles. The proposed Gan o ain PUD is located on the west side of Sandtree Drive, 30 immediately south of the Nort CommonslHome Depot shopping center and immediately 31 north of the Sandtree Residential evelopment and Sandtree Office Development. 32 33 Donaldson Hearing presented the project on behalf of the applicant. 34 Craig Kunkle, Chair, declared the public hearing open. 35 • John Nehalco, Sandtree resident, indicated he liked the project, commenting it would 36 improve traffic in their development, but expressed concern regarding the school bus stop 37 location. 38 • Margie McGuire, Sandtree Drive, asked for assurance that traffic to the office building 39 would not go through the Sandtree development, which was confirmed by Donaldson 40 Hearing. 41 • Donna McDonald, registered agent for Sandtree Plaza, supported the project but wanted 42 Sandtree Plaza on a dual sign prior to signing paperwork. 43 • Virginia McDaniel, Sandtree Drive, expressed concern about the traffic through their 44 development, stated all the residents had not known about the proposed housing project a 45 couple of years ago, and stated that she was pleased with the project. Planning, Zoning and Appeals Board Regular Meeting Page 3 09-11-07 • U • 1 • Julian Knight, Satellite Terrace, adjacent to Sandtree, felt the area where he lived would 2 be greatly impacted by more traffic. 3 • Denise Scarlett, Sandtree Drive, agreed with the traffic concerns expressed and stated the 4 monument sign did not work for that area. 5 • Scott Hinterlighter, Capital Realty Advisors, agents for the office parcel, advised they 6 were in favor of the project and were happy with their current entrance but understood 7 the residents' concerns, and stated the waivers for signage were vital to their support. 8 • Floyd Scarlett, Sandtree Drive, asked for clarification of the United Parcel Service (UPS) 9 route and the connective road, which were explained by Donaldson Hearing. 10 • Hearing no further comments from the public, Craig Kunkle, Chair, declared the public 11 hearing closed. 12 Following a short break, the meeting was reconvened. Comments from the board included: 13 • Concerns regarding configuration of the UPS loading area. 14 • Tag lines of brand names on the signage. 15 • Traffic. 16 • Trucks making deliveries. 17 • Positions on the proposed waivers. 18 • Craig Kunkle, Chair, summarized for the appl' t e majority of the board favored 19 waivers 1, 2, 3, 6, and 7; and not waivers 4 20 21 MOTION 22 Douglas Pennell made a motion to recomm t uncil approval of Petition PPUD -07- 23 05- 000014: Gander Mountain Retail with wai , 6 and 7, and not waivers 4 or 5. Dennis 24 Solomon seconded the motion, whic b animous 7 -0 vote. 25 26 RECOMMENDATION TO C Y 27 City Initiated Request Publi 28 Petition LDRA -07 -08 -000 Ordi ce 29 2007: Code Amendment to Section 78 -221 PGA 29 Boulevard Corridor Overlay 30 A City- initiated request for app flof a text amendment to Section 78 -221, PGA Boulevard 31 Corridor Overlay, Code of Ordinances. This City Code amendment provides for the revision to 32 the list of permitted and prohibited uses within the overlay to specify that nightclubs, bars, or 33 lounges are prohibited uses within the overlay. 34 35 Kara Irwin, Growth Management Administrator, presented the proposed text amendment. 36 37 • Maury Perry spoke representing the owner of Noche's. Mr. Perry requested he be notified 38 of any future consideration of this item. 39 • Comments from the board included that bars and nightclubs should not be prohibited for 40 quality restaurant operations, possibly grandfathering this client. 41 • Stipulation agreements to maintain 51 percent food service. 42 • Prior approval of this board being overturned would be grossly unfair to this client and 43 any changes to the law should be for future applications. 44 • Opportunity should exist to evaluate appropriateness of this type of use for specific 45 operations rather than just prohibiting this type of use. Planning, Zoning and Appeals Board Regular Meeting 09-11-07 Page 4 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 There should be a different definition for operations with loud music and a different kind of crowd. Ten to twelve years ago Clematis Street had only restaurants and there was evolution. • Craig Kunkle, Chair, asked if staff wished to withdraw this item. • Kara Irwin explained staff's position, and asked for a recommendation. MOTION Dennis Solomon made a motion to recommend to City Council approval of Petition LDRA -07- 08- 000017 with the provision that the action this board took last time regarding Noche's be allowed to proceed without regard to whether or not this was passed by City Council so that they were not prejudiced by this. Barry Present seconded the motion. Motion failed 5 -2 with Jonathan Rubins, Douglas Pennell, Randolph Hansen, Michael Panczak, and Craig Kunkle, Chair, opposed; Dennis Solomon and Barry Present in favor. MOTION Jonathan Rubins made a motion to recommend to City Co cil that they not approve Petition LDRA- 07 -08- 000017. Michael Panczak seconded them , which carried by 5 -2 vote with Jonathan Rubins, Douglas Pennell, Randolph Hanse el Panczak, and Craig Kunkle, Chair in favor; Dennis Solomon and Barry Present og�sed. OLD BUSINESS There was no old business to come before th��d. NEW BUSINESS There was no new business to (The re Planning, Zoning and Appeals Board Regular Meeting 09-11-07 page intentionally left blank.) Page 5 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ADJOURNMENT There being no further business, the meeting was adjourned at 9:27 p.m. The next regular meeting will be held September 25, 2007. APPROVED: Craig Kunkle, Jr., Chair Douglas Pennell, Vice Chair Barry Present ML is Jonatha Joy Hecht Amir Kanel Debbie Andrea, Public Information Coordinator Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the City Clerk's office. Planning, Zoning and Appeals Board Regular Meeting 09-11-07 Page 6 • CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum • is Date Prepared: October 31, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 Subject /Agenda Item: Petition MISC- 07 -10- 000036 - Benjamin Private School Monument Sign Public Hearing /Recommendation to City Council: A request by Ms. Anne Booth of Urban Design Studio, agent, on behalf of the Benjamin Private School, Inc., to amend Ordinance 4, 2003 to allow a monument sign to be located at the northwest corner of Central Boulevard and Grandiflora Road. [ x ] Recommendation to APPROVE with one condition and one waiver ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: Planning, Zoning, & Growth Management: N/A Appeals Board City Attorney: Project Action: Allan Owens Manage . A. Administrator ( ] Recommend Appvl. Jackie H I an, AICP Planner Buildin o tant: [ ] Rec. Approval with/ conditions Christine P. Tatum, Esq. [ ] Recommend Denial Development Compliance: [ ) Continued to: K ty Labossiere X ] Quasi - Judicial [ J Legislative Fees Paid: [ X ] Yes Bahareh K. Wolfs, AICP [ X ] Public Hearing Planning Manager: Funding Source: [ J Operating Jeff Johnson [X] Other NA Growth Management Attachments: Admin6 trator: Advertised: [Yes] -Applicant's Narrative & ` Date: 11/16, 2007 Budget Acct. #: FPL Agreement Paper: PB Post [ ] Not Required NA Sign Rendering & Landscape Plan Kara Irwin, AICP Location Photos Public Notice: Approved By: DRC Comments City Manager: [ X J Yes Background: [ ] Not required Resolution 16, 2005 Administrative Approvals Ordinance 4, 2003 Ronald M. Ferris Ordinance 30, 2000 Date Prepared: November 5, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 • EXECUTIVE SUMMARY No monument identification signs were requested with the original site plan approval for the Benjamin Private School. Now that the school has been in operation since the fall of 2004, the applicant has determined that an entry sign is necessary to assist visitors and emergency services in locating the entrance to the school. The subject petition is a request to amend Ordinance 4, 2003 in order to allow a two -sided monument sign to be located on the northwest corner of Central Boulevard and Grandiflora Road. The City Code requires monument signs to be located on the applicant's property and setback 15 feet from the property line. Because of the existing preserve, it is not possible to provide the necessary setback. Therefore, the applicant is requesting a setback waiver of 11.5 feet and has also executed an agreement with Florida Power & Light (FPL) that allows the sign to be located within an FPL easement. Staff has no objections to the requested waiver. BACKGROUND With the adoption of Ordinance 30, 2000, the City Council approved the rezoning of 50 acres of land owned by The Benjamin School, Inc., located at the northwest corner of the intersection of Central Boulevard and Grandiflora Road. The property was rezoned from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) Overlay, in order to allow the construction of the 187,671 square -foot • private high school campus. On February 6, 2003, the City Council adopted Ordinance 4, 2003, which approved the modification of and increase to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modifications to the approved architectural elevations. On June 17, 2004, and January 18, 2005, Administrative Approvals were granted to allow minor modifications to the site plans, landscape plans, architectural plans, and colors. On February 17, 2005, the City Council adopted Resolution 16, 2005, which approved the artwork entitled "Journeys" by John Raimondi. The artwork is now located within the median of the entry way off Grandiflora Road. LAND USE AND ZONING The land -use designation of the subject site is Residential Low (RL), and the zoning designation is Planned Unit Development (PUD) Overlay with an underlying zoning of Public /Institutional (P /1). REQUEST • This is a request to construct a monument sign at the northwest corner of Central Boulevard and Grandiflora Road in order to identify the main entrance to The Benjamin Date Prepared: November 5, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 • School Private School. There are no existing entry monument signs for the school. Since the school has been in operation, it has become apparent to the applicant that a monument sign is necessary in order to direct the general public and emergency vehicles to the school entrance. • • Because the sign cannot be placed within the existing preserve, the applicant is proposing to locate the sign within a five -foot wide FPL easement located adjacent to the right -of -way. The applicant has provided a "Non- Disturbance Agreement" between the Benjamin Private School and FPL which allows the sign to be located within this easement. This location maintains a 31.5 -foot separation to the edge of pavement, but does not meet the required 15 -foot setback from the Grandiflora Road right -of -way. The setback from Central Boulevard has been met, and the sign is located outside the safe -sight triangle. Because the sign does not meet the 15 -foot required setback from the Grandiflora Road right -of -way, the applicant is requesting a waiver of 11.5 feet as indicated below. Waiver Requested The applicant is requesting the following waiver: City Code Requires Proposed Waiver Requested Recommendation Section 78 -285, Minimum 15 feet 3.5 feet setback from 11.5 feet (1) Approval Table 24: setback from right -of- right -of -way Permanent way Signs: Ground Sign (1) Staff agrees that a monument sign would benefit visitors and emergency vehicles in locating the entrance to the school. Because of the constraints created by the existing preserve, the proposed location within the FPL easement is believed to be the best possible site for the monument sign. Staff has no objection to the waiver. Monument Sign Details The proposed sign will be simulated stucco with black aluminum letters on a gold and beige surface to match the existing school buildings. The sign will be double -faced and will measure 6 feet high, 10 feet in length, and 1.5 feet wide at the base. The sign will be landscaped with Sand Cord Grass and horizontal Coco Plum shrubs, which will complement the existing campus and preserve area plant materials. The City Forester is recommending a condition that requires an inspection of the sign and landscaping prior to issuance of a Certificate of Completion. 3 Date Prepared: November 5, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 • DEVELOPMENT REVIEW COMMITTEE (DRQ COMMENTS Members of the Development Review Committee have reviewed the request and have no concerns or adverse comments. STAFF RECOMMENDATION For the reasons stated above, staff recommends APPROVAL of Petition MISC- 07 -10- 000036, with one waiver and the following condition: 1. Prior to issuance of a Certificate of Completion, the applicant shall schedule with the City Forester an inspection of the sign and associated landscaping to ensure compliance with approved exhibits. (City Forester) C • Jh /Case Files /Benjamin School /Benjamin School Monument Sign /Staff report Benj School Sign PZAB.doc • October 10, 2007 Ms. Kara Irwin, Director Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 urban Urban Design Urban Planning Land Planning Landscape Architecture RE: THE BENJAMIN UPPER SCHOOL PUD MISCELLANEOUS APPLICATION FOR A MONUMENT SIGN UDS REF.: #99- 015.012 (MA) Dear Kara: Please accept the attached materials as our request, on behalf of The Benjamin Private School, Inc., for approval of a Miscellaneous Application for the addition of one (1) monument sign to be located on the northwest corner of Central Boulevard and Grandiflora Road together with a waiver to allow the sign to be located 3.5' from the right -of -way line. The school PUD was originally approved on November 2, 2000 via Ordinance 30, 2000 and subsequently revised via Ordinance 4, 2003 which amended the upland and wetland areas. The school has also received Administrative Amendment approvals for Art in Public Places and awnings for sports activity areas. At the time of the original PUD approval, there was concern on the part of the school administration and the student body that the school could be targeted for undesirable activities. So, for security reasons, a decision was made not to provide for a monument sign for fear that it might bring unwanted attention to the schools location. Since the school has been in operation it has become apparent that there is a definite need to direct traffic to the school both for the general public and for emergency services. There are several reasons that the decision for a sign has been reconsidered. As a result of the excellent computer and lab facilities, the school has become a valuable partner in the Palm Beach County Classroom Teachers Association certification program for continuing education. Because of the quality of the sports facilities, they are also frequent hosts to other schools in and around the district for various sporting events. These and other events and activities have drawn people to the school who are unfamiliar with the area and who have had a great deal of difficulty in locating it because of the lack of signage and the difficulty is seeing the buildings because of the dense buffer along Central Boulevard. The • 477 S. Rosemary Avenue G: \Jobs \Benjamin Upper School \Master Signage 2005\Application Info \MiscSign Letter] 0 10 7 AB.i • Ms. Kara Irwin October 10, 2007 The Benjamin Upper School PUD Page 2 school has been fortunate not to have had any major emergency needs, however, because members of the general public have expressed their frustrations, there is now a concern that if a major security event was to occur on campus, that outside emergency and law enforcement officials not familiar with the location of the school would be hindered in locating it. The location that is best suited to provide way finding information and has clear visibility is at the intersection of Central Boulevard and Grandiflora Road, however, because the sign must be located outside of the platted preserve, the options for placement of the sign are limited to the 5' FPL easement located adjacent to the right -of -way. The proposed sign has been placed to minimize the waiver request and maintains a 31.5' separation to the edge of pavement. The setback from Central Boulevard has been met and the sign is located outside of the safe sight triangle. This location however does not meet the required setback from the Grandiflora Road right -of -way. This application includes a request for a 11.5' waiver from Section 78 -285, Permitted Signs, Table 24, to allow the sign to be placed 3.5' from the Grandiflora Road right -of- way. The proposed sign has been designed to be a classic and understated monument sign with colors and materials to match the existing school. The sign is 6' high, 10' long, and 1.5' wide at the base. The letters will be black aluminum and the base will be stucco, painted to match the school • buildings. Please see the attached signage design plans for additional details. The applicant has received approval from FPL to allow the sign to be located within the easement. A copy of the agreement is attached to this application. The School is proposing a simple landscape design for the proposed monument sign which includes the use of Cordgrass and Cocoplum. Please see the attached landscape plan for details. This design compliments the existing campus and preserve area plant materials, which are primarily planted with native vegetation, small shrubs, and grasses. Attached for your consideration are five copies of the following: ■ A filing fee check in the amount of $2,650.00 ($1,650 base application fee + $1,000 min. engineering /traffic escrow) ■ Development Application form ■ Owners Consent ■ 81/2 x 11 aerial location map ■ FPL Non - Disturbance Agreement ■ Photographs of the area where the sign is proposed • G:Uobs \Benjamin Upper School \Master Signage 2005\Application Info \MiscSignLetter 101007 AB.wpd LCC35 • Ms. Kara Irwin October 10, 2007 The Benjamin Upper School PUD Page 3 • • And 9 copies each of the following: ■ Site Plans, (4 pages), prepared by Urban Design Studio, dated October 09, 2007 ■ Landscape Plan, (1 page) (11 x 17), prepared by Urban Design Studio, dated October 09 , 2007 ■ Boundary Plat, Plat Book 100, Pages 150 and 151 ■ Ferrin Sign Design Plan, (2 pages), dated October 10, 2007 We hope you find that this application meets the requirements of the City of Palm Beach Gardens. Please let me know if you have any questions or require any additional information in this regard. Sincerely, Urban Design Studio Anne Booth Principal sp Attachments cc: Jeff Harris Jonathan Ricketts GAJobs \Benjamin Upper Schoo]\Master Signage 2005 \Application InfoWiscSignLetter101007 AB.wpd LCC35 00 FPL Prepared by: Joe O'Hagan 700 Universe Boulevard Juno Beach, Florida 33408 NON - DISTURBANCE AGREEMENT WHEREAS, The Benjamin Private School, Inc. ( "Owner ") is the owner of that certain real property more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof (the "Property "). WHEREAS, Florida Power & Light Company ( "FPL ") is the holder of easement rights in that certain utility easement as recorded in O.R. Book 16550, Page 1565 of the Public Records of Palm Beach County, Florida (the "Utility Easement "); and • WHEREAS, a portion of the Benjamin School Sign to be constructed on the Property will encroach into the Utility Easement as reflected on the survey attached as Exhibit "B" hereto and made a part hereof; and WHEREAS, FPL does not desire to release any easement rights it may have in and to the Utility Easement; and WHEREAS, Owner has requested FPL to acknowledge as a matter of record that it will not disturb the foregoing encroachment. NOW, THEREFORE, in consideration of the foregoing premises, the parties agree as follows: 1. FPL hereby acknowledges and agrees for itself, its successors and assigns, that it will not exercise its right to require removal of the encroachment of the sign to be installed as shown on the location sketch by Urban Design Studio dated 6/13/2007 attached hereto as Exhibit "C" or, in the event such structure is damaged or destroyed, any replacement structure (provided such replacement structure does not extend the encroachment any further into the Utility Easement), subject to the Owner' compliance with the terms hereof. 2. Except as provided in ection 1 hereof, Owner agrees not to further encumber FPL's easement. • • • 3. Owner agrees to grant utility easements, find alternative routes, and pay for all reasonable costs and expenses incurred by FPL, including alternative easements and any necessary relocation costs, as determined by FPL in its sole discretion, in the event that any existing underground electric facilities in the Utility Easement become inadequate to provide electric service, as a result of the sign's presence, and an alternative route is required in FPL's sole discretion in order to provide electric service. The Owner shall have the option to either remove this sign or will agree to grant an easement. 4. Owner, its successors and assigns shall indemnify and hold FPL harmless from and against any loss or damage caused by the presence of the sign, or by any wrongful or negligent act or omission of Owner, its successors, assigns, agents, contractors, guests or invitees, including any act or omission which causes damage or injury to FPL facilities on the Property as a result of presence of the sign.. 5. FPL and Owner agree that this Agreement shall run with the land, and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IV5V SS WHEREOF, he undersigned has duly executed and delivered this agreement on this day of , 2007. Signed, sealed and delivered in our presence as witnesses: Signed, sealed and delivered in our presence as witnesses: Print Name: \,4 An gip( A P a e: OWNER: THE BENJAMIN PRIVATE SCHOOL, INC., a Florida corpora By: Print Name: Ll Title: LIGHT COMPANY, PAI By: X / Print N e: . T. orson Title: CorlkrateRe,21 Estate Project Manager [Acknowledgements on next page] Page 2 • ACKNOWLEDGEMENTS STATE OF FLORIDA ) )Ss: COUNTY OF PALM BEACH) On this V day of k� , 2007, before e, th��Jj ersi ed notary public, personally appeared 'h IT 7 GfY�- of The Benjamin Private School, Inc., a Florida corporation, pe on lly known to me to be the person who subscribed to the foregoing instrument or who has pr ced , as identification, and acknowledged that he /she executed the same on behalf of said corporation and that he /she was duly authorized to do SO. IN WITNESS WHEREOF, I hereunto set my hand an o cial seal. • NOT LI C �T O. L A Print N ! NOTARY PUBLIC -STATE OF FLORIDA STATE OF FLORIDA ) Jane Ann Schaas Commission # DD471133 )ss: Expires: SEP. 12, 2009 COUNTY OF PALM BEACH ) 2, :ded Thni Adandc Bonding Co., Inc. On this 1 iJ� day of 2007, before me, the undersigned notary public, personally appeared J. Corson, Corporate Real Estate Area Manager of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledge that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. onum ffi NOTARY PUBLIC, STATE OF FLORIDA Print Name: tate of Florida ann DD693940 PMR\AgreementsWon- Disturbance Agreeme nt RKiE 17 Page 3 • EXHIBIT A LEGAL DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00 °48'04" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00 °48'04" WEST ALONG SAID WEST RIGHT -OF- WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89'11'56" WEST, DEPARTING SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 944.95 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH • ONE -HALF OF SAID SECTION 25; THENCE, NORTH 01 °17'32" EAST, ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST ONE - QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01 °20'37" EAST, ALONG THE WEST LINE OF THE NORTH ONE -HALF OF SAID SECTION 25, A DISTANCE OF 1274.76 FEET; THENCE, SOUTH 89 °51'04" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING. • lz 0 r z m 0 I� _-4 10 2 Im m I- J V2x' tD 2.50' DER E� `A w� c„ rn' r� .J 111-11 4 0 O o � �r LA rno 47.00 55 Qy� 09 "W IrA = 5 .72, _9 21'50 12" 27.75' -� I N6750'49 0E I i 12.20' N00'48'04 E CA =2710'40" L= 132.13' R =278.56L-' C/L 24' DRAINAGE EASEMENT ` AND WWENANCE EASEMENT 20' W.M.Y.E.-P R= 103.00' L =128.11 ' CA =71 ' 15'44" 11, X20' W.M.M.E. TT7, C L 10' F.P.&L. EASEMENT �I I K B. 16550, PG.1565) cy) I I Rte � O 20' W.M.M.E. - - - - - N00'5639 "E 275.0- - 140.38' 27.00' NOO'56 36 280.45' ti SB9' 11 '567E 1 l S1 1'56'36"W 14.b6 S65'00' 18 'W 40.35; 3,9'03'24 'W 6.1 SOC'56'36 "W 5 - NB9'05' 17 W -N00'56'36 "E -N80' 13'33"E 10'0324 "E 22 20' 12 o � z co N Pi r U v ° v o ' CA= 06'01'13" R= 394.00' L= 41.40' _ S00'56'36 ^W 275.81' ' 5ART OF TRACT "A" CA= 11-42'00 R= 367.00' L=-74.94' ,NB9' 11 '56"W 113.37' " R= CA =00'04 56 �co R =13932.56' L= 20.00' PRO DOSE _ -� -,�f " 35' PAA E* -� THE Wi 5i RIGHT -OF -WAY LINE °�� of Q, (ORB 5207, PAGE 349) J . ct col CD y r*i � �-- N00'48'04 "E 2336.43' 0 CD C/L CENTRAL EyhiAl.t 'a I CA= 66'28'27" L= 84.75) N00'56'36 "E 18.43' �F 25.79'. R= 47.00' S66'06 22 E R= 15.00' L =12.06' CA= 02'49; S00'25 40 4fi E 59.20 R =7435 L =54.10' CA- 41'41'31' 20, CA =2710'40" L= 132.13' R =278.56L-' C/L 24' DRAINAGE EASEMENT ` AND WWENANCE EASEMENT 20' W.M.Y.E.-P R= 103.00' L =128.11 ' CA =71 ' 15'44" 11, X20' W.M.M.E. TT7, C L 10' F.P.&L. EASEMENT �I I K B. 16550, PG.1565) cy) I I Rte � O 20' W.M.M.E. - - - - - N00'5639 "E 275.0- - 140.38' 27.00' NOO'56 36 280.45' ti SB9' 11 '567E 1 l S1 1'56'36"W 14.b6 S65'00' 18 'W 40.35; 3,9'03'24 'W 6.1 SOC'56'36 "W 5 - NB9'05' 17 W -N00'56'36 "E -N80' 13'33"E 10'0324 "E 22 20' 12 o � z co N Pi r U v ° v o ' CA= 06'01'13" R= 394.00' L= 41.40' _ S00'56'36 ^W 275.81' ' 5ART OF TRACT "A" CA= 11-42'00 R= 367.00' L=-74.94' ,NB9' 11 '56"W 113.37' " R= CA =00'04 56 �co R =13932.56' L= 20.00' PRO DOSE _ -� -,�f " 35' PAA E* -� THE Wi 5i RIGHT -OF -WAY LINE °�� of Q, (ORB 5207, PAGE 349) J . ct col CD y r*i � �-- N00'48'04 "E 2336.43' 0 CD C/L CENTRAL EyhiAl.t 'a F- I L • HAACAD-DWGSTenjamin Upper SchooWaster Signage 20051Current\sItepIan\SCH00L SIGN.dwg, 8/28/2007 2:37:27 PM, Jay Bridge z GRANDIFLORA ROAD C/) MIJ CID) 0 M Z 0 rq r 0 0 Q) I " 0 0 M Ib �` Xyl� it fj is# tzif MINE IM= Benjamin High School V? 11 111 H 1 �W Palm Beach Gardens, Florida J Proposed School Sign Location Plan II HIll. ie C (CONTINUED FROM SHEET 1 OF 7) 12 038'35" EAST, A DISTANCE OF 20.01 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 169.19 FEET; THENCE, NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28 058'19", A DISTANCE OF 85.55 FEET TO THE POINT OF TANGENCY; THENCE, NORTH 16 °19'44" WEST, A DISTANCE OF 20.02 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET;THE , NORTHWESTERLY, ALONG SAID CURVE, THROUGH ACENTRALANGLE OF 78 °15'25" TA OF 109.27 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE fSNC NORTHERLY, HAVING A RADIUS OF 136.05 FEET; THENCE, WESTERLY, ALONG SA RVE, THROUGH A CENTRAL ANGLE OF 28 020'17', A DISTANCE OF 67.29 FEET T K, (90INT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEAS`GE ' HAVING A RADIUS OF 75.00 FEET; THENCE, NORTHWESTERLY, ALONG SAID CURVE I 1OUGH A CENTRAL ANGLE OF 31 °34'44 ", A DISTANCE OF 41.34 FEET TO THE POINT OF.IERSE CURVATURE OFA CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 105.00;fEtT; THENCE, NORTHWESTERLY, ALONG SAID CURVE, THROUGH ACENTRALANGL�`0F 5,5 °49'34 ", A DISTANCE OF 102.31 FEET TOTHE END OF SAID CURVE; THENCE, NORTH t f*" WEST, A DISTANCE OF 17.78 FEET; THENCE, NORTH 44 °55'38' WEST, ADISTANCE'- 82. 2 FEET; THENCE NORTH 03 °51'00" EAST, A DISTANCE OF 139.40 FEET; THENCE NORT 39'08" WEST, A DISTANCE OF 91.37 FEET; THENCE NORTH 04 034'39' WEST, A DIS OF 105.65 FEET: THENCE NORTH 00 °56'40" EAST, A DISTANCE OF 367.33 FEET; THEN t k�TH 21 °23'59" WEST, A DISTANCE OF 204.81 FEET; THENCE NORTH 89 °03'24" WEST, kWTANCE OF 347.16 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF '� .A RLINE. TOGETHER WITH A STRIP OF „16{0 5 FEET IN WIDTH, LYING IN SAID WEST HAL OF SECTION 25, THE CENTER LIt�I o SAID STRIP BEING SPECIFICALLY DESCRIBED Aq FOLLOWS: BEGIN AT THE AFORESAID POINT ,�THENCE, SOUTH 00 °48'04” WEST, A DISTANCE OF 2.50 FEET; THENCE, SOUTH 89°11,6(;J�AST, A DISTANCE OF 113.37 FEET TO THE INTERSECTION THEREOF WITH THE W>:SIGH7 -OF -WAY LINE OF CENTRAL BOULEVARD, AS RECORDED IN OFFICIAL RECORDS np(545207, PAGE 349, SAID PUBLIC RECORDS, SAID INTERSECTION BEING THE END OF SAIR Et,jeRLINE. SUBJECT TO EASEMENTS, RESERVA RECORD, ICTIONS AND RIGHTS -OF -WAY OF SEE SHEETS 3 THRU 7 FOR SKETCH DESCRIPTION OF: FLORIDA POWER ANA UG T EASEMENT AT BENJAMIN PRIVASE SCHOOL FN � H M ,A" + \ do MAPPING, INC. 4152 W. BLUE HERON BOLO- ' 1� • SUITE 121 RIVIERA BEACH • FLO I�In:� 33404 l4s�gN PHONE: (561) 848 -2102 • L.B. 217T—* FAX: 561) 844 -9659 EMAIL: bmismOool.com WEB: http: / /members.00l.com / /bmIsm • 1 FILE: 10' FPL (DATE: 7/14/2003 LBY: KVC Book 16550 /Page1567 Page 3of8 0 0 0 4 m z > z Z c 3c M M z1v �m c');u o Cl) z n 2 O 0 Cl) �1 U) (. zr Nb `! M z D r 0 r M D 0 C-: Q GRANDIFLORA ROAD W < o mm cn U1 z n ig o - N� f D m 70 0 u 0 0 M 0 z 0 z p M 0 O CD 3 • • h I•, W a� .o (V s 0 11 c Z W Z O cQ W Q �U Ow '2 0 �m Z0 j J d Q 0 LL- OU w C m0 O0 . U LLJ zU m z <E . U J w zmz N U w Q w O Oc Z v~i U 2 p 1122 w w Qg= wiz W LL c N w 66 Qz< W Q w a6 O LU 002 � U c w d Z c 0 z w Q Q � V) C Q z 11-w — w Jn W n d U <� Co LL Q U I II I r 0 � o 1' UI a I � Z 5 imdl2V� Z nUZ F. 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O C G) Zm A �n l7 T Op O r.. m 0 s G7 D 0 O m z rn D m n O c z T r O A O D Ln m m D X V s. an $ .3, n O �i _9 N O = -TI m m = n m z Z �I •Tl CA O= z o -TI m X - -� -- �N O = o (�Ti m a i o n m • DEVELOPMENT REVIEW COMMITTEE (DRC) 0 COMMENTS • %3OVL E Engineering Excellence Since 1942 •3550 SW Corporate Parkway Palm City, Florida 34990 Employee Owned 772.286.3883 Fax 772.286.3925 www.boyleengineering.com Memorandum File # 99 -4043 / 27199 TO: Jackie Holloman FROM: Jim Orth, P.E. DATE: October 31, 2007 SUBJECT: The Benjamin School Miscellaneous Petition (MISC- 07- 10 -36) We have reviewed the following plans and information for the above referenced project received October 18, 2007: • Development Application dated October 11, 2007 prepared by Urban Design Studio • • Transmittal Letter dated October 10, 2007 prepared by Urban Design Studio • 8 '/2" x 17" Ground Sign Landscape Plan dated October 10, 2007 prepared by Urban Design Studio • Master PUD Site Plan (Sheet SP -1 thru SP -3 of 3) dated (revised) October 10, 2007 prepared by Urban Design Studio • Copy of Recorded Plat dated (recorded) June 30, 2004 prepared by Bench Mark Land Surveying & Mapping, Inc. • Zoning and Site Location Aerial Photo • Proposed Ground Sign Location Photo dated October 10, 2007 prepared by Urban Design Studio We have the following comments: 1. The applicant is requesting a waiver from Section 78 -285 of the LDR regarding sign placement. The applicant proposes to place a ground sign 3.5' within the Grandiflora Road right -of -way, a variance of 11.5' from the 15' setback requirement. Please note that we remain in support of the City's LDR. 2. The applicant indicates that they have received written permission from FP &L to place the sign within their easement and that a copy of the document was included in their submittal. Please note that we did not receive a copy of said document in the materials received for this review. We have no other comments or concerns regarding this submittal. JRO /mef cc: Kara Irwin — Palm Beach Gardens (kirwin @pbgfl.com) CADocuments and Settings \jholtoman \Local Settings\Temporary Internet Files \Content.0utlook\44VOA9SE \4043 - 27199 - 20071031 - MISC- 07- 10- 36.doc Memo to File • To: Jackie Holloman, AICP, Planner From: Mark Hendrickson, City Foresters//4 Subject: MISC- 07 -10- 000036, Benjamin H.S. Sign Date: October 31, 2007 I have reviewed the above - referenced petition. I support the waiver and have no comments pertaining to the application. Since the proposed sign is not associated with a building certificate of occupancy, I recommend a condition of approval be coordinated with the Building Division and Development Compliance Division ,which will require an inspection by Growth Management to confirm the sign and associated landscaping is installed per the approved exhibits prior to closing out the building permit for the sign. • L_J £y� j • :7 x;'�'t rx..s.}:44 ct•. :: "\ "s � .: Y'n }5xrr t•. c. � y �n,��•ecc� t R' tt,.tr`. {.\ ,:`�'. . {{ t} <Rf'r• (} 'rr �T{• 'i:�• i ,�d S; •...t: 3."U � 5^C �>n} �F¢ 111."A •a. -- `~ti {Y{i »>a 'O c fA cl.`�r.'i` �:wxR'�tZ ai;a.�+ 4'.�~ii ?�x;' �a xY �{�i --- 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 3341011698 FIRE RESCUE DEPARTMENT MEMORANDUM TO: Jackie Holloman, Planner DATE: October 16, 2007 APPROVED: FROM: Scott Fetterman, Deputy Chie RE: MISC- 07 -10- 000036: Benjamin School Monument Sign Fire Rescue has reviewed the revised above referenced miscellaneous petition and has no adverse comments or concerns. Thank you for your assistance and consideration in this matter. Please contact me if you have any questions or any future changes are proposed. PALM BEACH GARDENS POLICE DEPARTMENT 0 SPECIAL OPERATIONS BUREAU INTEROFFICE MEMORANDUM TO: JACKIE HOLLOMAN, AIC ER FROM: OFFICER JULES BARONE SUBJECT: PETITION MISC -07 -10 -00003 BENJAMIN SCHOOL MONUMENT SIGN DATE: OCTOBER 15, 2007 The police department has reviewed the Applicant's request for the addition of one monument sign to be located on the northwest corner of Central Boulevard and Grandiflora Road. The request includes a waiver to allow the sign to be located 3.5' from the right -of -way line. The police department has no concerns, providing the placement of the sign does not obstruct the view of drivers attempting to exit Grandiflora Road to go north on Central Boulevard or east to Military Trail. �1 U cc: Chief S. Stepp Files • • • 40 CITY OF PALM BEACH GARDENS BUILDING DIVISION 10500 N. MILITARY TRAIL • PALM BEACH GARDENS FLORIDA 33410 -4698 (561) 799 - 4201 Memorandum To: Jackie Holloman From: James Brown Regarding: Benjamin School Monument Sign MISC- 07 -10- 000036 Date: October 15, 2007 Based upon a review of the submitted documents the Building Division has no specific certification comments with the proposed modifications to the monument signs. The following general comments affect this project should be duly noted by the applicant: 1. Separate permit and application will be required for: signs and electric. U BACKGROUND C7 40 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 El Date Prepared: January 4, 2005 RESOLUTION 16, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES PROPOSAL FOR THE BENJAMIN UPPER SCHOOL PLANNED UNIT DEVELOPMENT LOCATED ON THE WEST SIDE OF CENTRAL BOULEVARD APPROXIMATELY ONE - QUARTER MILE SOUTH OF DONALD ROSS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 21, 2000, the City Council approved Ordinance 30, 2000 with conditions and waivers allowing the rezoning of 50 acres of land from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) Overlay, in order to construct a 187,671- square -foot private high school campus, located at the northwest corner of the intersection of Central Boulevard and Grandiflora Road; and WHEREAS, on February 6, 2003, the City Council approved Ordinance 4, 2003 with conditions and waivers allowing an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on -site upland preserve area, off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations; and WHEREAS, the 50 -acre site is currently zoned Public /Institutional (P /1) with a Planned Unit Development (PUD) Overlay and a future land use designation of Residential Low (RL); and WHEREAS, Urban Design Studio, agent for The Benjamin Private School, Inc., has submitted an application (AIPP- 04 -02) seeking the approval of the proposed work of art for the Benjamin Private High School, located as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, on December 15, 2004, the Art in Public Places Advisory Board reviewed said application and recommended approval to the City Council; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: January 4, 2005 • Resolution 16, 2005 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council hereby approves the proposed art for the Benjamin 7 Private High School located on the following described real property: 8 9 LEGAL DESCRIPTION: 10 1 l THE BENJAMIN SCHOOL, AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH 12 135, IN THE OFFICIAL RECORD BOOKS OF PALM BEACH COUNTY, FLORIDA. 13 14 SECTION 3. Said approval shall be consistent with plans and documents filed with 15 the City's Growth Management Department as follows: 16 17 1. Master PUD Site Plan SP -1 by Urban Design Studio, dated November 19, 2004. 18 19 2. Landscape Plan Sheet 1 by Urban Design Studio, dated November 19, 2004. 20 21 3. Benjamin High School Art in Public Places Preliminary Cost Estimate totaling 22 $258,180 dated, November 19, 2004. •23 24 4. Photographic renderings of work of art entitled "Journeys" by John Raimondi, 25 dated November 19, 2004. 26 27 SECTION 4. Said site plan approval shall comply with the following additional 28 condition, which shall be binding upon the applicant, its successors, assigns, and /or 29 grantees: 30 31 1. The applicant shall be responsible for maintenance of the proposed lighting and 32 the approved art in public places. (Planning & Zoning) 33 34 SECTION 5. This approval expressly incorporates and is contingent upon all 35 representations made by the applicant or applicant's agents at any workshop or public 36 hearing. MA 38 SECTION 6. This Resolution shall become effective immediately upon adoption. 39 40 41 (The remainder of this page left intentionally blank) 42 43 44 45 Ir � L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 2 3 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: January 4, 2005 Resolution 16, 2005 PASSED AND ADOPTED this 117,,"� day of r-.&e Rw 2005. ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: "Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE CITY OF_?�H GARDENS, FLORIDA i AYE NAY ABSENT \\Pbgsfile\.4ttorney\ attorney _share \RESOLUTIONS\benjamin upper school - AIPP - reso 16 2005.doc 3 a Mayor CITY OF PALM BEACH GARDENS 10500 N. MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 January 18, 2005 Ms. Anne Booth, Principal Urban Design Studio 477 South Rosemary Avenue Suite 225, The Lofts at City Place West Palm Beach, Florida 33401 Re: Administrative Approval Petition ADMIN- 04 -77— Benjamin High School Minor Modifications Dear Ms. Booth: City staff and members of the Development Review Committee have reviewed Petition ADMIN -04 -77 for administrative approval of an amendment to the Benjamin High School Planned Unit Development. In accordance with Section 78- 48(g), Site Plan Review, Administrative Site Plan Changes, of the City's Land Development Regulations, administrative approval is hereby granted to Petition ADMIN -04 -77 to allow the following minor changes: • 1. Modification of the tennis court area layout; 2. Addition of an six -foot (6') wide sidewalk at the tennis court area; 3. Addition of four 9' -6" -wide x 19' -6" -long cabanas and one 10' -wide x 21' -long cabana with aluminum structures and vinyl covers colored Patio 500 - #510 Dark Green; 4. The addition of a memorial monument area; and 5. The modification of landscape plans to include planting materials at the memorial monument site and 23 live oak trees along Grandiflora Road. This administrative approval shall be subject to the following condition: 1. Only vinyl, and not canvas, coverings shall be permitted with a minimum 17- ounce reinforced grade or equivalent for the five cabanas approved herein. (Development Compliance; Building Services Department) This administrative approval shall be in accordance with the following plans and documents filed in the Growth Management Department: 40 Petition ADMIN -04 -77 • January 18, 2005 1. Master PUD Site Plans, SP -1 through SP-4, dated and submitted November 12, 2004, by Urban Design Studio. 2. Landscape Plans, Sheets 1 through 4, dated November 12, 2004, by Urban Design Studio. 3. Cabana aluminum structure specifications, 2 sheets, by American Awning Company dated September 17, 2004, and received October 4, 2004. 4. Color sample "Dark Green -510" for "Patio 500" vinyl laminate cabana covers by John Boyle & Company, Inc. If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799- 4243. Sincerely your Talal Benothman, AICP Planning and Zoning Director • cc: Bahareh Wolfs Development Compliance Officer p P Todd Engle, Interim Building Services Director Bud Brown, Chief Building Official Kelvin Wise, Code Enforcement Supervisor Lisa Scalabrin, Accounting Technician Jackie Holloman, Planner g /JHolloman/ Benjamin School Minor Amendment/ADMIN -04 -77 /Approval Itr • 2 j iMd4iiMr CITY 90500 N. June 17, 2004 OF PALM BEACH GARDENS MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33490 -4698 Ms. Anne Booth Principal Urban Design Studio 477 South Rosemary Avenue Suite 225, The Lofts at City Place West Palm Beach, Florida 33401 Re: Petition ADMIN -03 -63 — Benjamin High School Planned Unit Development Minor Changes Dear Ms. Booth: City staff and members of the Development Review Committee have reviewed Petition ADMIN -03 -63 for administrative approval of an amendment to the Benjamin High School Planned Unit Development. In accordance with Section 78- 48(g), Site Plan Review, Administrative Site Plan Changes, of the City's Land Development Regulations, administrative approval is hereby granted to Petition ADMIN -02 -35 to allow the following minor changes: • 1. Redesign of the southern entrance drive adjacent to the visitor parking area; 2. Addition of restroom facility centrally located in the sports field area; 3. Update of the site and landscape plans to reflect field adjustments to the location of the pathway as coordinated with the City Forester; 4. Correction of a site planning error which increases the width of the littoral zone in the southern lake from 10' to 20', as referenced in the approved cross - sections; 5. Correction of an error to the color reference that was identified on the plan for one of the buildings. All buildings are to be the same combination of wall and trim colors: Sherwin Williams Honeysuckle SW1383 and Heron White SW2425, previously approved; 6. Location of the left turn lane within the Central Boulevard median at the intersection of Central and Grandiflora Road; 7. An increase in width from 20' to 30' of the Seacoast Utilities Authority easement centrally located within the northern preserve and the corresponding adjustment of the preserve area east of the track to maintain the required amount of • preserve area; Petition ADMIN -03 -63 • June 17, 2004 8. A slight modification to the color of the roof tile as a result of the manufacturer of the previously approved color going out of business; and 9. A slight modification to the color of the window glass as a result of a change to the building code which now requires missile impact resistant glass, which in turn changed the composition of the glass. This approval shall be in accordance with the following conditions: 1. Prior to issuance of the first certificate of occupancy, the applicant shall provide written verification to the Growth Management Department and the City Engineer of compliance with the four following conditions as also set forth in the attached letter dated April 30, 2004, from Florida Power & Light (FPL) to Jonathan T. Ricketts: (City Engineer) • The twenty -five foot (25') area designated as "Utility Easement" ( "Right -of- Way") as shown on the Plat along the Benjamin School western property line shall be kept clear of landscaping and other improvements or obstructions so that FPL vehicles with outriggers can access that corridor when necessary. The grade within the Right -of -Way shall not exceed the • height to which it currently exists along the Benjamin School western property line. (City Engineer) Any chain link fence installed shall be located east of that twenty -five foot (25') Right -of -Way (i.e., the western boundary of the landscape easement). (City Engineer) The proposed roadway at the southern end of the Benjamin School property, which is depicted as a public road on the Plat, shall either be publicly dedicated or FPL shall be given access via that route to the Right - of -Way. (City Engineer) • The drainage area on the northern boundary of the property going in an east -west direction, which is dedicated to the Northern Palm Beach County Improvement District (NPCID) for canal purposes on the Plat, shall be built with a culvert under the Right -of -Way so that the canal does not impede FPL emergency and operational access to the Right -of -Way. (City Engineer) Furthermore, this approval shall be in accordance with the following documents and materials that are on record in the Growth Management Department: • 2 Petition ADMIN -03 -63 • June 17, 2004 1. Master PUD Site Plan, SP -1 through SP -4, dated and submitted June 7, 2004, by Urban Design Studio. 2. Landscape Plan, Sheets 1 through 3, dated June 7, 2004, and Sheet 4 dated March 25, 2004, by Urban Design Studio 3. Architectural Plans A3.1.1 Building #1 — Administration /Media Building; A3.2.1 Building #2 — Performing Arts Building; A3.3.1 Building #3 — Physical Education Building; A3.4.1 Building #4 — Lab Classrooms; A3.4.2 Building #4 — Lab Classrooms; A3.5.1 Building #5 — Classroom Building; A3.5.2 Building #5 — Classroom Building; A3.6.1 Building #6 — Classroom /Lab II Building; A3.7.1 Building #7 — Food Service Building dated August 11, 2003; and A3.8.1 Playfield Restrooms — Site dated August 13, 2003, by Schwab, Twitty & Hanser. 4. Wall and Trim Color Samples Sherwin Williams Honeysuckle SW1383 and Heron White SW2425; Flat Concrete Roof Tile — Palm Island Green; and Glass Color — Evergreen. If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799- 4243. • Very truly yours, Talal Benothman, AICP Planning and Zoning Director cc: Bahareh Wolfs, Development Compliance Officer Todd Engle, Construction Services Administrator Bud Brown, Interim Building Official Kelvin Wise, Code Enforcement Supervisor Lisa Scalabrin, Accounting Technician Jackie Holloman, Planner g /JHolloman/ Benjamin School Minor Amendment/ADMIN -03 -63 Benj Schl aprvl Itr 0 3 • Date Prepared: February 5, 21;03 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 4, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE BENJAMIN PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT BY ALLOWING AN INCREASE IN ON -SITE UPLAND PRESERVE AREA, OFF -SITE MITIGATION OF THE WETLAND PRESERVE AREA, RELOCATION AND REDESIGN OF THE ATHLETIC FIELDS, RELOCATION OF THE FIELD HOUSE AND ASSOCIATED PARKING, AND MINOR MODIFICATION TO THE APPROVED ARCHITECTURAL ELEVATIONS, LOCATED APPROXIMATELY ONE -HALF MILE SOUTH OF DONALD ROSS ROAD ON THE WEST SIDE OF CENTRAL BOULEVARD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 02 -05) from the Benjamin Private School, Inc., for approval of an amendment to a previously - approved Planned Unit Development (PUD) (Ordinance 30, 2000), known as the Benjamin Private High School to allow for the modification and increase, to the on -site upland preserve area, the off -site mitigation ofthe wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one - half mile south of Donald Ross Road on the west side of Central Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Public/Institutional (P/i) and a land -use designation of Residential Low (RL); and WHEREAS, on October 22, 2002, the City's Planning and Zoning Commission held a public hearing and recommended approval of the subject petition; and Date Prepared: February 5, 2003 Ordinance 4, 2003 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the application of Benjamin Private School, Inc., for an amendment to the Benjamin Private High School Planned Unit Development, to. allow the modification of and increase to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one- half mile south of Donald Ross Road, on the west side of Central Boulevard. SECTION 3: Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: • 1. Prior to issuance of the first building permit, the - applicant shall perform a detailed design of the south Grande Flora right -of -way line to verify that a maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the applicant shall provide a retaining wall with a pedestrian handrail, which shall be reviewed and approved by the City Engineer prior to construction. (City Engineer) 2. The applicant shall be required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5 foot - candles at the nearest residential property line. (City Engineer) 3. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as -built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance) 4. If any utility installations, grade changes, or other modifications to the site should cause the on -site upland preserve acreage to become less than 8.96 acres, the applicant shall return to the City Council for review and approval of a PUD amendment to address upland preserve mitigation. (City Forester) 5. Condition No. 1 of Ordinance 30, 2002, shall be amended to read, " Within six (6) months from the issuance of the clearing permit, the • Date Prepared: February 5, 2003 Ordinance 4, 2003 applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said district. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. The Growth Management Director may grant a one -time three -month time extension provided a good faith effort is being made by the applicant to install the required landscaping, irrigation, lighting, and related amenities. The lighting plan. with an minimum intensity of 0.6 foot - candles and an average of 1.0 foot - candle, for the meandering pedestrian sidewalk within the preserve area shall be submitted for approval by the City Engineer within 30 days of approval of the development order. The lighting fixtures shall not exceed 12 feet in height. (City Forester; City Engineer) • 6. All previous conditions of Ordinance 30, 2000, shall remain in effect. (Planning & Zoning) SECTION 4: City Council hereby grants the following waivers with this approval: 1. A waiver to allow building permits for excavation and fill and vertical structure to be issued prior to plat approval. Section 78- 441(c) requires boundary plat approval prior to issuance of a building permit; and 2. A waiver to allow all parking spaces, except handicap parking spaces, to be 9.5' wide x 18.5' long. Section 78- 344(1)(1) of the LDRs requires 10' x 18.5' parking spaces. 3. A waiver to eliminate littoral plantings on the shelf area below the water line of the north Lake 2 and install littoral plants only around the lake's edge. Section 78 -332 of the code requires littoral planting on lakes that are larger than one acre in size. SECTION 5: Amendment to the Benjamin School Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: i . December 20, 2002 Master PUD Site Plan, Urban Design Studio, sheets SPA - SP -4. 2, December 20, 2002 Landscape Plans, Urban Design Studio, sheets 1 - 5. 3. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Section A -A. 4. June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Sections C -C, and D -D. r� �_J • Date Prepared: February 5, 2003 Ordinance 4, 2003 5. April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets A1.1.0 through A 3.7.1, 23 sheets. 6. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets. 7. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets. 8. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets. SECTION 6: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7: This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: This ordinance shall become effective upon the day of adoption. • [This space intentionally left blank.] is • • lI 1I J Date Prepared: February 5. 2003 Ordinance 4, 2003 PASSED, FIRST READING this 16 day of JOWUNA 2003. PASSED, SECOND READING this day of , 2003. PASSED, ADOPTED AND APPROVED this day of ,2003. C VICE MAYOR SABATELLO ATTEST: - PATRWIX -44- 3 - ,CITY: CLERK VOTE: MAYOR JABLIN VTCE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCTLMEMBER DELGADO GM on Pbg ... /Mollomardfolder Benjamin school/PUD -02 05 Benj schl Ord.doc 5 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT J • Ordinance 30, 2000 Date Prepared: December 8, 2000 ORDINANCE 30, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF THE BENJAMIN PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND AN UNNAMED FUTURE EAST -WEST ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO PUBLIC /INSTITUTIONAL (P /1) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT A 187,671 SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the City of Palm Beach Gardens received an application from The Benjamin Private School, Inc., for approval of rezoning of 50 acres of land located at the northwest corner of the intersection of Central Boulevard and unnamed future east -west road from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "The Benjamin Private Upper School "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. • Ordinance 30, 2000 Date Prepared: December 8, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 50 acres of land owned by The Benjamin School, Inc., located at the northwest corner of the intersection of Central Boulevard and unnamed future road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay, in order to allow the construction of a 187,671 square foot private high school campus. The PUD will be known as "The Benjamin Private Upper School." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to issuance of the certification of completion for the athletic • fields or the first certificate of occupancy, whichever first occurs, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require, as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) (3) Prior to the issuance of first building permit, the applicant must submit a letter from Northern Palm Beach County Improvement • District (NPBCID) that verifies the release of all ties /holdings that 2 • Ordinance 30, 2000 Date Prepared: December 8, 2000 NPBCID has or plans to have in the future with the lakes on the Benjamin School site. All lakes will be required to remain privately owned and shall be maintained in accordance with a management plan consistent with section 117 of the City's LDRs. The management plan must be submitted by the applicant and approval by the City Engineer prior to the first certificate of occupancV.. (City Engineer, Planning & Zoning) (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements, unless otherwise approved by the City Engineer. (City Engineer, Planning and Zoning) (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the • purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. (Planning and Zoning) (6) The number of students shall not exceed 490 as indicated in the traffic impact analysis. Enrollment shall be verified by City staff. An annual report indicating the number of students shall be submitted to the City on or before December 31S of each year. (7) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer) • (8) Prior to issuance of the first certificate of occupancy, the applicant 3 • Ordinance 30, 2000 Date Prepared: December 8, 2000 shall submit all legal documents pertaining to ownership and maintenance of the property to the City for review by the City's legal counsel and the City Forester. (Planning and Zoning, City Engineer) (9) The open space /landscape maintenance and environmental preserve management plan shall be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning and Zoning) (10) The City will assess the Developer a pro-rata share of the City's cost to review and comment on Northern Palm Beach County Improvement District's (NPBCID) Unit 2 Environmental Resource Permit Modification based upon the project's acreage within NPBCID's Unit 2. (City Engineer) (11) Prior to issuance of the first building permit, the petitioner shall • submit construction plan drawings that indicate a sidewalk along the southern side of the East -West Road right -of -way, in accordance with the LDRs. SECTION 3. The following waivers are hereby granted with this approval: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 180 (3), Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical structures within the 25 foot Lake Maintenance Easement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Date Stamped November 29, 2000 Master Site Plan, Urban Design Studio, Sheets SP -1 through SP -3. 2. September 7, 2000 Engineering and Landscape Plan, Urban Design Studio, 1 Sheet. • 3. October 3, 2000 Landscape Plans, Urban Design Studio, 4 • Ordinance 30, 2000 Date Prepared: December 8, 2000 Sheets 1 through 6. 4. September 8, 2000 Plant List and Detail Sheet, Urban Design Studio, 1 Sheet. 5. September 7, 2000 PUD Parkway Plan, Urban Design Studio, 12 Sheets. 6. April 5, 2000 Architectural Elevations and Plans, Schwab, Twitty and Hanser, Sheets A -1.1.1 through A -3.1.3 and A- 3.1.5. 7. August 9, 2000 Architectural Elevations, Schwab, Twitty and Hanser, Sheet A- 3.1.4. 8. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet 9. October 2, 2000 Photometric Plan, AGI , 1 Sheet 10. October 6, 2000 Conceptual Drainage Plan, Scheaffer and Fagan, 2 Sheets. 11. April 13, 2000 Boundary and Topographic Survey, Benchmark Surveying, 2 Sheets. 12. March 10, 1999 Traffic Impact Analysis, Kimley — Horn Associates, 17 pages • 13. March, 1999 Environmental Assessment, E.W. Consultants, 16 pages. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000. PLACED ON SECOND READING THIS DAY OF 200. PASSED A�A cDQfEP/AIS DAY OF 200_. • IAA� f (,J t PH R. RUSSO 5 • Ordinance 30, 2000 Date Prepared: December 8, 2000 • COUNCILMAN CARL SABATELLO ATT T BY: . 7i,� � CAROL GOL INTERIM CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN i COUNCILWOMAN FURTADO ✓ COUNCILMAN CLARK COUNCILMAN SABATELLO UILE_SWCOMPROMShort Range \pud0001or1.doc • 6 C7 is CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: October 31, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 Subject/Agenda Item: Petition MISC- 07 -10- 000036 - Benjamin Private School Monument Sign Public Hearing /Recommendation to City Council: A request by Ms. Anne Booth of Urban Design Studio, agent, on behalf of the Benjamin Private School, Inc., to amend Ordinance 4, 2003 to allow a monument sign to be located at the northwest corner of Central Boulevard and Grandiflora Road. [ x ] Recommendation to APPROVE with one condition and one waiver ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: Planning, Zoning, & Growth Management: N/A Appeals Board City Attorney: Project Action: Allan Owens Manage . Administrator [ ] Recommend Appvl. Jackie H I an, AICP Planner Buildin o tant: [ J Rec. Approval with/ conditions Christine P. Tatum, Esq. [ ] Recommend Denial Development Compliance: [ ) Continued to: K ty Labossiere x� [ X ] Quasi - Judicial [ ] Legislative Fees Paid: [ X ] Yes Bahareh K. Wolfs, AICP [ X ] Public Hearing Planning Manager: Funding Source: [ ] Operating Jefljiohinson [X] Other NA Growth Management Attachments: Admin' trator: Advertised: [Yes] - Applicant's Narrative & ` Date: 11/16, 2007 Budget Acct. #: FPL Agreement Paper: PB Post ( ] Not Required NA Sign Rendering & Landscape Plan Kara Irwin, AICP Location Photos Public Notice: Approved By: DRC Comments City Manager: [ X ] Yes Background: [ ] Not required Resolution 16, 2005 Administrative Approvals Ordinance 4, 2003 Ronald M. Ferris Ordinance 30, 2000 • • is Date Prepared: November 5, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 EXECUTIVE SUMMARY No monument identification signs were requested with the original site plan approval for the Benjamin Private School. Now that the school has been in operation since the fall of 2004, the applicant has determined that an entry sign is necessary to assist visitors and emergency services in locating the entrance to the school. The subject petition is a request to amend Ordinance 4, 2003 in order to allow a two -sided monument sign to be located on the northwest corner of Central Boulevard and Grandiflora Road. The City Code requires monument signs to be located on the applicant's property and setback 15 feet from the property line. Because of the existing preserve, it is not possible to provide the necessary setback. Therefore, the applicant is requesting a setback waiver of 11.5 feet and has also executed an agreement with Florida Power & Light (FPL) that allows the sign to be located within an FPL easement. Staff has no objections to the requested waiver. BACKGROUND With the adoption of Ordinance 30, 2000, the City Council approved the rezoning of 50 acres of land owned by The Benjamin School, Inc., located at the northwest corner of the intersection of Central Boulevard and Grandiflora Road. The property was rezoned from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) Overlay, in order to allow the construction of the 187,671 square -foot private high school campus. On February 6, 2003, the City Council adopted Ordinance 4, 2003, which approved the modification of and increase to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modifications to the approved architectural elevations. On June 17, 2004, and January 18, 2005, Administrative Approvals were granted to allow minor modifications to the site plans, landscape plans, architectural plans, and colors. On February 17, 2005, the City Council adopted Resolution 16, 2005, which approved the artwork entitled "Journeys" by John Raimondi. The artwork is now located within the median of the entry way off Grandiflora Road. LAND USE AND ZONING The land -use designation of the subject designation is Planned Unit Development Public /Institutional (P /1). REQUEST site is Residential Low (RL), and the zoning (PUD) Overlay with an underlying zoning of This is a request to construct a monument sign at the northwest corner of Central Boulevard and Grandiflora Road in order to identify the main entrance to The Benjamin 2 Date Prepared: November 5, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 • School Private School. There are no existing entry monument signs for the school. Since the school has been in operation, it has become apparent to the applicant that a monument sign is necessary in order to direct the general public and emergency vehicles to the school entrance. • • Because the sign cannot be placed within the existing preserve, the applicant is proposing to locate the sign within a five -foot wide FPL easement located adjacent to the right -of -way. The applicant has provided a "Non- Disturbance Agreement" between the Benjamin Private School and FPL which allows the sign to be located within this easement. This location maintains a 31.5 -foot separation to the edge of pavement, but does not meet the required 15 -foot setback from the Grandiflora Road right -of -way. The setback from Central Boulevard has been met, and the sign is located outside the safe -sight triangle. Because the sign does not meet the 15 -foot required setback from the Grandiflora Road right -of -way, the applicant is requesting a waiver of 11.5 feet as indicated below. Waiver Requested The applicant is requesting the following waiver: City Code Requires Proposed Waiver Requested Recommendation Section 78 -285, Minimum 15 feet 3.5 feet setback from 11.5 feet (1) Approval Table 24: setback from right -of- right -of -way Permanent way Signs: Ground Sign (1) Staff agrees that a monument sign would benefit visitors and emergency vehicles in locating the entrance to the school. Because of the constraints created by the existing preserve, the proposed location within the FPL easement is believed to be the best possible site for the monument sign. Staff has no objection to the waiver. Monument Sign Details The proposed sign will be simulated stucco with black aluminum letters on a gold and beige surface to match the existing school buildings. The sign will be double -faced and will measure 6 feet high, 10 feet in length, and 1.5 feet wide at the base. The sign will be landscaped with Sand Cord Grass and horizontal Coco Plum shrubs, which will complement the existing campus and preserve area plant materials. The City Forester is recommending a condition that requires an inspection of the sign and landscaping prior to issuance of a Certificate of Completion. Date Prepared: November 5, 2007 Meeting Date: November 27, 2007 Petition No: MISC- 07 -10- 000036 • DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS Members of the Development Review Committee have reviewed the request and have no concerns or adverse comments. STAFF RECOMMENDATION For the reasons stated above, staff recommends APPROVAL of Petition MISC- 07 -10- 000036, with one waiver and the following condition: 1. Prior to issuance of a Certificate of Completion, the applicant shall schedule with the City Forester an inspection of the sign and associated landscaping to ensure compliance with approved exhibits. (City Forester) C7 • Jh /Case Files /Benjamin School /Benjamin School Monument Sign /Staff report Benj School Sign PZAB.doc 4 • October 10, 2007 Ms. Kara Irwin, Director Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: THE BENJAMIN UPPER SCHOOL PUD urban desian Urban Design Urban Planning Land Planning Landscape Architecture MISCELLANEOUS APPLICATION FOR A MONUMENT SIGN UDS REF.: #99- 015.012 (MA) Dear Kara: Please accept the attached materials as our request, on behalf of The Benjamin Private School, Inc., for approval of a Miscellaneous Application for the addition of one (1) monument sign to be located on the northwest corner of Central Boulevard and Grandiflora Road together with a waiver to allow the sign to be located 3.5' from the right -of -way line. • The school PUD was originally approved on November 2, 2000 via Ordinance 30, 2000 and subsequently revised via Ordinance 4, 2003 which amended the upland and wetland areas. The school has also received Administrative Amendment approvals for Art in Public Places and awnings for sports activity areas. At the time of the original PUD approval, there was concern on the part of the school administration and the student body that the school could be targeted for undesirable activities. So, for security reasons, a decision was made not to provide for a monument sign for fear that it might bring unwanted attention to the schools location. Since the school has been in operation it has become apparent that there is a definite need to direct traffic to the school both for the general public and for emergency services. There are several reasons that the decision for a sign has been reconsidered. As a result of the excellent computer and lab facilities, the school has become a valuable partner in the Palm Beach County Classroom Teachers Association certification program for continuing education. Because of the quality of the sports facilities, they are also frequent hosts to other schools in and around the district for various sporting events. These and other events and activities have drawn people to the school who are unfamiliar with the area and who have had a great deal of difficulty in locating it because of the lack of signage and the difficulty is seeing the buildings because of the dense buffer along Central Boulevard. The • :477 S. Rosemary Avenue G: \Jobs \Benjamin Upper School \Master Signage 2005\Application Info \MiscSi ,&n Letter 1010 7 AB§ 225 - The Lofts at City Place LCC35 �1� ( 1 `Z ��(�� West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com L_CC35 • Ms. Kara Irwin October 10, 2007 The Benjamin Upper School PUD Page 2 school has been fortunate not to have had any major emergency needs, however, because members of the general public have expressed their frustrations, there is now a concern that if a major security event was to occur on campus, that outside emergency and law enforcement officials not familiar with the location of the school would be hindered in locating it. The location that is best suited to provide way finding information and has clear visibility is at the intersection of Central Boulevard and Grandiflora Road, however, because the sign must be located outside of the platted preserve, the options for placement of.the sign are limited to the 5' FPL easement located adjacent to the right -of -way. The proposed sign has been placed to minimize the waiver request and maintains a 31.5' separation to the edge of pavement. The setback from Central Boulevard has been met and the sign is located outside of the safe sight triangle. This location however does not meet the required setback from the Grandiflora Road right -of -way. This application includes a request for a 11.5' waiver from Section 78 -285, Permitted Signs, Table 24, to allow the sign to be placed 3.5' from the Grandiflora Road right -of- way. The proposed sign has been designed to be a classic and understated monument sign with colors and materials to match the existing school. The sign is 6' high, 10' long, and 1.5' wide at the base. The letters will be black aluminum and the base will be stucco, painted to match the school isbuildings. Please see the attached signage design plans for additional details. The applicant has received approval from FPL to allow the sign to be located within the easement. A copy of the agreement is attached to this application. The School is proposing a simple landscape design for the proposed monument sign which includes the use of Cordgrass and Cocoplum. Please see the attached landscape plan for details. This design compliments the existing campus and preserve area plant materials, which are primarily planted with native vegetation, small shrubs, and grasses. Attached for your consideration are five copies of the following: ■ A filing fee check in the amount of $2,650.00 ($1,650 base application fee + $1,000 min. engineering /traffic escrow) ■ Development Application form ■ Owners Consent ■ 81/2 x 11 aerial location map ■ FPL Non - Disturbance Agreement ■ Photographs of the area where the sign is proposed • GAJobs \Benjamin Upper School \Master Signage 2005 \Application InfoWiscSignLetter] 01007 AB.wpd LCC35 • Ms. Kara Irwin The Benjamin Upper School PUD And 9 copies each of the following: October 10, 2007 Page 3 ■ Site Plans, (4 pages), prepared by Urban Design Studio, dated October 09, 2007 ■ Landscape Plan, (1 page) (I I* x 17), prepared by Urban Design Studio, dated October 09 , 2007 ■ Boundary Plat, Plat Book 100, Pages 150 and 151 ■ Ferrin Sign Design Plan, (2 pages), dated October 10, 2007 We hope you find that this application meets the requirements of the City of Palm Beach Gardens. Please let me know if you have any questions or require any additional information in this regard. Sincerely, Urban Design Studio (Ijvwat)n�� 1W • Anne Booth Principal sp Attachments cc: Jeff Harris Jonathan Ricketts • GAJobs \Benjamin Upper SchoolWlaster Signage 2005 \Application Info \MiscSignLetter101007 AB.wpd LCC35 go FPL Prepared by: Joe O'Hagan 700 Universe Boulevard Juno Beach, Florida 33408 NON - DISTURBANCE AGREEMENT WHEREAS, The Benjamin Private School, Inc. ( "Owner ") is the owner of that certain real property more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof (the "Property "). WHEREAS, Florida Power & Light Company ( "FPL ") is the holder of easement rights in that certain utility easement as recorded in O.R. Book 16550, Page 1565 of the Public Records of Palm Beach County, Florida (the "Utility Easement "); and • WHEREAS, a portion of the Benjamin School Sign to be constructed on the Property will encroach into the Utility Easement as reflected on the survey attached as Exhibit "B" hereto and made a part hereof; and WHEREAS, FPL does not desire to release any easement rights it may have in and to the Utility Easement; and WHEREAS, Owner has requested FPL to acknowledge as a matter of record that it will not disturb the foregoing encroachment. NOW, THEREFORE, in consideration of the foregoing premises, the parties agree as follows: 1. FPL hereby acknowledges and agrees for itself, its successors and assigns, that it will not exercise its right to require removal of the encroachment of the sign to be installed as shown on the location sketch by Urban Design Studio dated 6/13/2007 attached hereto as Exhibit "C" or, in the event such structure is damaged or destroyed, any replacement structure (provided such replacement structure does not extend the encroachment any further into the Utility Easement), subject to the Owner' compliance with the terms hereof. 2. Except as provided in ection 1 hereof, Owner agrees not to further encumber FPL's easement. • • �J 3. Owner agrees to grant utility easements, find alternative routes, and pay for all reasonable costs and expenses incurred by FPL, including alternative easements and any necessary relocation costs, as determined by FPL in its sole discretion, in the event that any existing underground electric facilities in the Utility Easement become inadequate to provide electric service, as a result of the sign's presence, and an alternative route is required in FPL's sole discretion in order to provide electric service. The Owner shall have the option to either remove this sign or will agree to grant an easement. 4. Owner, its successors and assigns shall indemnify and hold FPL harmless from and against any loss or damage caused by the presence of the sign, or by any wrongful or negligent act or omission of Owner, its successors, assigns, agents, contractors, guests or invitees, including any act or omission which causes damage or injury to FPL facilities on the Property as a result of presence of the sign.. 5. FPL and Owner agree that this Agreement shall run with the land, and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. I;W.— SS WHEREOF, he undersigned has duly executed and delivered this agreement on this day of , 2007. Signed, sealed and delivered in our presence as witnesses: Signed, sealed and delivered in our presence as witnesses: Print Name: },ti' Lll A�1 •/v�A_ U);' P -Oa e: OWNER: THE BENJAMIN PRIVATE SCHOOL, INC., a Florida corporation By: Print Name: Title: LIGHT COMPANY, a By: X / Print N e: . T. Vo rson Title: Co cal Estate Project Manager [Acknowledgements on next page] Page 2 • ACKNOWLEDGEMENTS STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) On this V day of , 2007, before e, th�/ ersi ed notary public, personally appeared I7C of The Benjamin Private School, Inc., a Florida corporation, p on ly known to me to be the person who subscribed to the foregoing instrument or who has pr ced , as identification, and acknowledged that he /she executed the same on behalf of said corporation and that he /she was duly authorized to do SO. IN WITNESS WHEREOF, I hereunto set my hand an o cial seal. • NOT YbBLI INT O A Print N NOTAR Y PUBLIC -STATE OF FLORIDA STATE OF FLORIDA ) Jane Ann Schaas Commission # DD471133 )ss: Expires: SEP. 12, 2009 COUNTY OF PALM BEACH ) 2anded Tlt.r Adandc Bonding Co., Inc. On this L � ' , day of , 2007, before me, the undersigned notary public, personally appeared J. T. Corson, Corporate Real Estate Area Manager of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. oy'�V� NOTARY PUBLIC, STATE OF FLORIDA Print Name: /ehe l A,� nqA') oil � NotYry Public state of Florida MlchaHe M Kahmann My Commission DD893940 • or n PMRWgreementsWon- Disturbance Agreement Expires 09/1 8/2oI I Page 3 • EXHIBIT A LEGAL DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00 048'04" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00 °48'04" WEST ALONG SAID WEST RIGHT -OF- WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89011'56" WEST, DEPARTING SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 944.95 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH • ONE -HALF OF SAID SECTION 25; THENCE, NORTH 01'17'32" EAST, ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST ONE - QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01 °20'37" EAST, ALONG THE WEST LINE OF THE NORTH ONE -HALF OF SAID SECTION 25, A DISTANCE OF 1274.76 FEET; THENCE, SOUTH 89 °51'04" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING. • 7. z o C z m I , W n �F I I I i I I 2.50' I I V12.2 x' 1 47. I L= 5.72,' " /CA= 21'5012 27.75' -/ N6T50'49 "E wN II "'f 1 12.20' I NOO'48'04 "E I � �I I ' CA= 66'28'27" L= 84.75=) N00'56'36 "E 18.43' �-S66*06 25.79'" R= 47.00 22 E 1 l R =15.00' L =12.06' CSI- 46'02'49; �-- S00'25 40 E 59.20 t R =74.35 L= 54.10' 1 CA -41'41 '31 " 20 CA =2710'40" L= 132.13' R= 278.56✓ 24' DiwNAGE EASEMENT AND MWENOCE EASEMENT 20' W WW.E� R =103.00' L= 128.11' CA =11 ' 15'44" S1 1.5636"W 14.Z 665.00' 18'W 4 I I , 20' W.U.U.E. C L 10' F.P. &L. EASEMENT �I O.R.6. 16550, PG.1565) ,yV,`) I � / i VI� ♦LAW O I X131 4 I � � I 20' W.M.M.E. 0 Z- - - NO05639 "E 275.40 - - - - - Pa p, 140.38' 27.00' N00'56 36 2 0.45 N ,yam o I S89'11 '56"E w k S00'5636 *W 275.81' 20' CA r-4 I � v CA= 06'01'13') R= 394.00' L= 41.40' 39'03'24 "W 6.1 SOC'56'36"W 5 - NB9'05'17*W - N00'56'36'E -N80' 13'33E 510'03'24 "E 22 u, z g S? QO �� co t `{ K) o `O v o .50' ART OF TRACT 'A" CA= 11'42'00 c' R= 367.00' L=7 4.94' m 11'56W 113.37' R= ER - E� . -. In � CP 00 I 01 vi o l rn � m ks- 0 CA =00'04 56 uco R =13932.56' L= 20.00' 35' P:A.E -� N00'48'04 "E 101630' THE WEST RIGHT -OF -WAY LINE (ORB 5207, PAGE 349) N00'48'04 "E 2336.43' C/L CENTRAL r 81.V� 0 0 HAACAD-DWGSIBenjamin Upper SchooftMaster Signage 20051Current\sItepIaMSCH00L SIGN.dwg, 8128/2007 2:37:27 PM, Jay Bridge EXh� 'I r : 0 0 r+1 011 • 9 F 3 1 Benjamin High School I Iflif Ila= Palm Beach Gardens, Florida Proposed School Sign Location Plan I fi(i�i ass • • (CONTINUED FROM SHEET 1 OF 7) 12 °38'35" EAST, A DISTANCE OF 20.01 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 169.19 FEET; THENCE, NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28 °5819, A DISTANCE OF 85.55 FEET TO THE POINT OF TANGENCY; THENCE, NORTH 16°19'44" WEST, A DISTANCE OF 20.02 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEEVHE , NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 78 0152 " TANCE OF 109.27 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE NC NORTHERLY, HAVING A RADIUS OF 136.05 FEET; THENCE, WESTERLY, ALONG S RVE, THROUGH A CENTRAL ANGLE OF 28 °20'17', A DISTANCE OF 67.29 FEET TC1. OOINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHEAS E HAVING A RADIUS OF 75.00 FEET; THENCE, NORTHWESTERLY, ALONG SAID CURVE, ,UGH A CENTRAL ANGLE OF 31 °34'44 ", A DISTANCE OF 41.34 FEET TO THE POINT OFY IYERSE CURVATURE OFA CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 105.00T; THENCE, NORTHWESTERLY, ALONG SAID CURVE, THROUGH ACENTRALANGLAF °49'34 ",A DISTANCE OF 102.31 FEET TOTHE END OF SAD CURVE; THENCE, NORTH "WEST, A DISTANCE OF 17.78 FEET; THENCE, NORTH 44 °5635' WEST, A DISTANCE' 82 2 FEET; THENCE NORTH 03 °51'00" EAST, AD ISTANCE OF 139.40 FEET; THENCE NORT 39'08" WEST, A DISTANCE OF 91.37 FEET; THENCE NORTH 04 °34'39' WEST, A DIS OF 105.65 FEET; THENCE NORTH 00°56'40" EAST, A DISTANCE OF 367.33 FEET; THEN 4,RTH 21 °23'59" WEST, A DISTANCE OF 204.81 FEET; THENCE NORTH 89 003'24" WEST, Gl$T -ANCE OF 347.16 FEET TO THE INTERSECTION THEREOF WITH-TEE LINE OF � RLINE. TOGETHER WITH A STRIP OF .LW, 5 FEET IN WIDTH, LYING IN SAID WEST HACF, SECTION 25, THE CENTEF SAID STRIP BEING SPECIFICALLY DESCRIUED FOLLOWS: BEGIN AT THE AFORESAID POINT -'�' ENCE, SOUTH 00 °4904" WEST, AD TANCE OF 2.50 FEET; THENCE, SOUTH 89 °11A6Cu�AST, A DISTANCE OF 113.37 FEET TO THE INTERSECTION THEREOF WITH THE WG- ''VRIGHT -0F -WAY LINE OF CENTRAL BOULEVARD, AS RECORDED INOFFICIALRECORDS P 207, PAGE 349, SAID PUBLIC RECORDS, SAID INTERSECTION BEING THE END OF SA LINE. SUBJECT TO EASEMENTS, RESERVA RECORD. DESCRIPTION OF: AT BENJAMIN IONS AND RIGHTS -OF -WAY OF SEE SHEETS 3 THRU 7 FOR SKETCH SCHOOL B E N C H M. k K ►WPII�N� 4152 W. BLUE HERON BOOtO • SUITE 121 RIVIERA BEACH • FLO(RI 33404 ��N PHONE: (561) 848 -2102 o L.B. 2171 % FAX: (561) 844 --9659 EMAIL: bm sm®ool.com WEB: http: / /members.00l.com/ /bmism Fu F• t0' FPL [DATE: 7/14/2003 1 BY. KVC KD: I WANO.: P233 I SHEET 2 OF 7 Book 16550 /Page1567 Page 3 of 8 • DEVELOPMENT REVIEW COMMITTEE (DRC) 0 COMMENTS 0 f30 4JL E Engineering Excellence Since 1942 •3550 SW Corporate Parkway Palm City, Florida 34990 Employee Owned 772.286.3883 Fax 772.286.3925 www.boyleengineering.com Memorandum File # 99 -4043 / 27199 TO: Jackie Holloman FROM: Jim Orth, P.E. DATE: October 31, 2007 SUBJECT: The Benjamin School Miscellaneous Petition (MISC- 07- 10 -36) We have reviewed the following plans and information for the above referenced project received October 18, 2007: • Development Application dated October 11, 2007 prepared by Urban Design Studio • • Transmittal Letter dated October 10, 2007 prepared by Urban Design Studio • 8 '/2" x 17" Ground Sign Landscape Plan dated October 10, 2007 prepared by Urban Design Studio • Master PUD Site Plan (Sheet SP -1 thru SP -3 of 3) dated (revised) October 10, 2007 prepared by Urban Design Studio • Copy of Recorded Plat dated (recorded) June 30, 2004 prepared by Bench Mark Land Surveying & Mapping, Inc. • Zoning and Site Location Aerial Photo • Proposed Ground Sign Location Photo dated October 10, 2007 prepared by Urban Design Studio We have the following comments: 1. The applicant is requesting a waiver from Section 78 -285 of the LDR regarding sign placement. The applicant proposes to place a ground sign 3.5' within the Grandiflora Road right -of -way, a variance of 11.5' from the 15' setback requirement. Please note that we remain in support of the City's LDR. 2. The applicant indicates that they have received written permission from FP &L to place the sign within their easement and that a copy of the document was included in their submittal. Please note that we did not receive a copy of said document in the materials received for this review. We have no other comments or concerns regarding this submittal. • JRO /mef cc: Kara Irwin — Palm Beach Gardens (kirwin @pbgfl.com) CADocuments and Settings \jhollornan \Local Settings \Temporary Internet Files \Content.Outlook \44VOA9SE \4043 - 27199 - 20071031 - MISC- 07- 10- 36.doc Memo to File • To: Jackie Holloman, AICP, Planner From: Mark Hendrickson, City Forester 1#114 Subject: MISC- 07 -10- 000036, Benjamin H.S. Sign Date: October 31, 2007 I have reviewed the above - referenced petition. I support the waiver and have no comments pertaining to the application. Since the proposed sign is not associated with a building certificate of occupancy, i recommend a condition of approval be coordinated with the Building Division and Development Compliance Division ,which will require an inspection by Growth Management to confirm the sign and associated landscaping is installed per the approved exhibits prior to closing out the building permit for the sign. 0 • B U • s::: •:i, ii i }� :'ii• `':x:j: n Yi•• >>.. L1C f}� <\ r4V} P:A'}! <k. } }) . 2 �QS' >> y p Ci" 2 b •` :Y %,• •��• tii :� rl �:i!4 S \`ti} <' >�} 'n' }drt}} \ +y CpK} :t' \i " �•} `•�E,:sk �� .. .... �? •i3 ��" .. ,..:s �4.�, � �;x�`�` xxfiz � �i,z:, t8 ::' .,a��, &> '� 9�Y �utx r `�'n'.�.'•'}`irS• 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 -4698 FIRE RESCUE DEPARTMENT MEMORANDUM TO: Jackie Holloman, Planner DATE: October 16, 2007 APPROVED: FROM: Scott Fetterman, Deputy Chie RE: MISC- 07 -10- 000036: Benjamin School Monument Sign Fire Rescue has reviewed the revised above referenced miscellaneous petition and has no adverse comments or concerns. Thank you for your assistance and consideration in this matter. Please contact me if you have any questions or any future changes are proposed. CCO i 16 2007 PALM BEACH GARDENS POLICE DEPARTMENT 40 SPECIAL OPERATIONS BUREAU INTEROFFICE MEMORANDUM TO: JACKIE HOLLOMAN, AIC ER FROM: OFFICER JULES BARONE SUBJECT: PETITION MISC -07 -10 -00t-BENJAMM SCHOOL MONUMENT SIGN DATE: OCTOBER 15, 2007 The police department has reviewed the Applicant's request for the addition of one monument sign to be located on the northwest corner of Central Boulevard and Grandiflora Road. The request includes a waiver to allow the sign to be located 3.5' from the right -of -way line. The police department has no concerns, providing the placement of the sign does not obstruct the view of drivers attempting to exit Grandiflora Road to go north on Central Boulevard or east to Military Trail. • cc: Chief S. Stepp Files • • U • CITY OF PALM BEACH GARDENS BUILDING DIVISION 10500 N. MILITARY TRAIL • PALM BEACH GARDENS FLORIDA 33410 -4698 (561) 799 - 4201 Memorandum To: Jackie Holloman From: James Brown Regarding: Benjamin School Monument Sign MISC- 07 -10- 000036 Date: October 15, 2007 Based upon a review of the submitted documents the Building Division has no specific certification comments with the proposed modifications to the monument signs. The following general comments affect this project should be duly noted by the applicant: 1. Separate permit and application will be required for: signs and electric. BACKGROUND 0 Date Prepared: January 4, 2005 • 1 RESOLUTION 16, 2005 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC 6 PLACES PROPOSAL FOR THE BENJAMIN UPPER SCHOOL 7 PLANNED UNIT DEVELOPMENT LOCATED ON THE WEST SIDE OF 8 CENTRAL BOULEVARD APPROXIMATELY ONE - QUARTER MILE 9 SOUTH OF DONALD ROSS ROAD, AS MORE PARTICULARLY 10 DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF 11 APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on December 21, 2000, the City Council approved Ordinance 30, 2000 15 with conditions and waivers allowing the rezoning of 50 acres of land from Planned 16 Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development 17 (PUD) Overlay, in order to construct a 187,671- square -foot private high school campus, 18 located at the northwest corner of the intersection of Central Boulevard and Grandiflora 19 Road; and 20 21 WHEREAS, on February 6, 2003, the City Council approved Ordinance 4, 2003 with 22 conditions and waivers allowing an amendment to the Benjamin Private High School 0"3 Planned Unit Development by allowing an increase in on -site upland preserve area, off -site 24 mitigation of the wetland preserve area, relocation and redesign of the athletic fields, 25 relocation of the field house and associated parking, and minor modification to the 26 approved architectural elevations; and 27 28 WHEREAS, the 50 -acre site is currently zoned Public /Institutional (P /1) with a 29 Planned Unit Development (PUD) Overlay and a future land use designation of Residential 30 Low (RL); and 31 32 WHEREAS, Urban Design Studio, agent for The Benjamin Private School, Inc., has 33 submitted an application (AIPP- 04 -02) seeking the approval of the proposed work of art for 34 the Benjamin Private High School, located as more particularly described herein; and 35 36 WHEREAS, the Growth Management Department has reviewed said application 37 and has determined that it is sufficient; and 38 39 WHEREAS, on December 15, 2004, the Art in Public Places Advisory Board 40 reviewed said application and recommended approval to the City Council; and 41 42 WHEREAS, the City Council has deemed approval of this Resolution to be in the 43 best interest of the citizens and residents of the City of Palm Beach Gardens. 44 45 1r u Date Prepared: January 4, 2005 Resolution 16, 2005 • 1 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council hereby approves the proposed art for the Benjamin 7 Private High School located on the following described real property: 8 9 LEGAL DESCRIPTION: 10 11 THE BENJAMIN SCHOOL, AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH 12 135, IN THE OFFICIAL RECORD BOOKS OF PALM BEACH COUNTY, FLORIDA. 13 14 SECTION 3. Said approval shall be consistent with plans and documents filed with 15 the City's Growth Management Department as follows: 16 17 1. Master PUD Site Plan SP -1 by Urban Design Studio, dated November 19, 2004. 18 19 2. Landscape Plan Sheet 1 by Urban Design Studio, dated November 19, 2004. 20 21 3. Benjamin High School Art in Public Places Preliminary Cost Estimate totaling 22 $258,180 dated, November 19, 2004. 03 24 4. Photographic renderings of work of art entitled "Journeys" by John Raimondi, 25 dated November 19, 2004. 26 27 SECTION 4. Said site plan approval shall comply with the following additional 28 condition, which shall be binding upon the applicant, its successors, assigns, and/or 29 grantees: 30 31 1. The applicant shall be responsible for maintenance of the proposed lighting and 32 the approved art in public places. (Planning & Zoning) 33 34 SECTION 5. This approval expressly incorporates and is contingent upon all 35 representations made by the applicant or applicant's agents at any workshop or public 36 hearing. 37 38 SECTION 6. This Resolution shall become effective immediately upon adoption. 39 40 41 (The remainder of this page left intentionally blank) 42 43 44 45 06 2 L J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 2 3 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: January 4, 2005 Resolution 16, 2005 If PASSED AND ADOPTED this L� day of Fe.B Ric , 2005. ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: hrlstine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE CITY OF P Mv AYE NAY ABSENT GARDENS, FLORIDA , Mayor \\Pbgsfile\Attorney\ attorney _share \RESOLUTIONS \beniamin upper school - AIPP - reso 16 2005.doc 3 CITY OF PALM BEACH GARDENS 10500 N. MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 January 18, 2005 Ms. Anne Booth, Principal Urban Design Studio 477 South Rosemary Avenue Suite 225, The Lofts at City Place West Palm Beach, Florida 33401 Re: Administrative Approval Petition ADMIN- 04 -77— Benjamin High School Minor Modifications Dear Ms. Booth: City staff and members of the Development Review Committee have reviewed Petition ADMIN -04 -77 for administrative approval of an amendment to the Benjamin High School Planned Unit Development. In accordance with Section 78- 48(g), Site Plan Review, Administrative Site Plan Changes, of the City's Land Development Regulations, administrative approval is hereby granted to Petition ADMIN -04 -77 to allow the following minor changes: • 1. Modification of the tennis court area layout; 2. Addition of an six -foot (6') wide sidewalk at the tennis court area; 3. Addition of four 9' -6" -wide x 19' -6" -long cabanas and one 10' -wide x 21' -long cabana with aluminum structures and vinyl covers colored Patio 500 - #510 Dark Green; 4. The addition of a memorial monument area; and 5. The modification of landscape plans to include planting materials at the memorial monument site and 23 live oak trees along Grandiflora Road. This administrative approval shall be subject to the following condition: Only vinyl, and not canvas, coverings shall be permitted with a minimum 17- ounce reinforced grade or equivalent for the five cabanas approved herein. (Development Compliance; Building Services Department) This administrative approval shall be in accordance with the following plans and documents filed in the Growth Management Department: • Petition ADMIN -04 -77 • January 18, 2005 1. Master PUD Site Plans, SP -1 through SP -4, dated and submitted November 12, 2004, by Urban Design Studio. 2. Landscape Plans, Sheets 1 through 4, dated November 12, 2004, by Urban Design Studio. 3. Cabana aluminum structure specifications, 2 sheets, by American Awning Company dated September 17, 2004, and received October 4, 2004. 4. Color sample "Dark Green -510" for "Patio 500" vinyl laminate cabana covers by John Boyle & Company, Inc. If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799- 4243. Sincerely your J; vdektd(4,1...o•--- Talal Benothman, AICP Planning and Zoning Director • cc: Bahareh Wolfs Development Compliance Officer p p Todd Engle, Interim Building Services Director Bud Brown, Chief Building Official Kelvin Wise, Code Enforcement Supervisor Lisa Scalabrin, Accounting Technician Jackie Holloman, Planner g /JHolloman/ Benjamin School Minor Amendment/ADMIN -04 -77 /Approval Itr • 2 � YkddilYar . , CITY OF PALM REACH GARDENS 10500 N. MILTARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 oJune 17, 2004 Ms. Anne Booth Principal Urban Design Studio 477 South Rosemary Avenue Suite 225, The Lofts at City Place West Palm Beach, Florida 33401 Re: Petition ADMIN -03 -63 — Benjamin High School Planned Unit Development Minor Changes Dear Ms. Booth: City staff and members of the Development Review Committee have reviewed Petition ADMIN -03 -63 for administrative approval of an amendment to the Benjamin High School Planned Unit Development. In accordance with Section 78- 48(g), Site Plan Review, Administrative Site Plan Changes, of the City's Land Development Regulations, administrative approval is hereby granted to Petition ADMIN -02 -35 to allow the following minor changes: • 1. Redesign of the southern entrance drive adjacent to the visitor parking area; 2. Addition of restroom facility centrally located in the sports field area; 3. Update of the site and landscape plans to reflect field adjustments to the location of the pathway as coordinated with the City Forester; 4. Correction of a site planning error which increases the width of the littoral zone in the southern lake from 10' to 20', as referenced in the approved cross - sections; 5. Correction of an error to the color reference that was identified on the plan for one of the buildings. All buildings are to be the same combination of wall and trim colors: Sherwin Williams Honeysuckle SW1383 and Heron White SW2425, previously approved; 6. Location of the left turn lane within the Central Boulevard median at the intersection of Central and Grandiflora Road; 7. An increase in width from 20' to 30' of the Seacoast Utilities Authority easement centrally located within the northern preserve and the corresponding adjustment of the preserve area east of the track to maintain the required amount of is preserve area; Petition ADMIN -03 -63 • June 17, 2004 8. A slight modification to the color of the roof tile as a result of the manufacturer of the previously approved color going out of business; and 9. A slight modification to the color of the window glass as a result of a change to the building code which now requires missile impact resistant glass, which in turn changed the composition of the glass. This approval shall be in accordance with the following conditions: 1. Prior to issuance of the first certificate of occupancy, the applicant shall provide written verification to the Growth Management Department and the City Engineer of compliance with the four following conditions as also set forth in the attached letter dated April 30, 2004, from Florida Power & Light (FPL) to Jonathan T. Ricketts: (City Engineer) • The twenty -five foot (25') area designated as "Utility Easement" ( "Right -of- Way") as shown on the Plat along the Benjamin School western property line shall be kept clear of landscaping and other improvements or obstructions so that FPL vehicles with outriggers can access that corridor when necessary. The grade within the Right -of -Way shall not exceed the • height to which it currently exists along the Benjamin School western property line. (City Engineer) Any chain link fence installed shall be located east of that twenty -five foot (25') Right -of -Way (i.e., the western boundary of the landscape easement). (City Engineer) • The proposed roadway at the southern end of the Benjamin School property, which is depicted as a public road on the Plat, shall either be publicly dedicated or FPL shall be given access via that route to the Right - of -Way. (City Engineer) The drainage area on the northern boundary of the property going in an east -west direction, which is dedicated to the Northern Palm Beach County Improvement District (NPCID) for canal purposes on the Plat, shall be built with a culvert under the Right -of -Way so that the canal does not impede FPL emergency and operational access to the Right -of -Way. (City Engineer) Furthermore, this approval shall be in accordance with the following documents and materials that are on record in the Growth Management Department: • 2 Petition ADMIN -03 -63 is June 17, 2004 1. Master PUD Site Plan, SP -1 through SP -4, dated and submitted June 7, 2004, by Urban Design Studio. 2. Landscape Plan, Sheets 1 through 3, dated June 7, 2004, and Sheet 4 dated March 25, 2004, by Urban Design Studio 3. Architectural Plans A3.1.1 Building #1 - Administration /Media Building; A3.2.1 Building #2 - Performing Arts Building; A3.3.1 Building #3 - Physical Education Building; A3.4.1 Building #4 - Lab Classrooms; A3.4.2 Building #4 - Lab Classrooms; A3.5.1 Building #5 - Classroom Building; A3.5.2 Building #5 - Classroom Building; A3.6.1 Building #6 - Classroom /Lab II Building; A3.7.1 Building #7 - Food Service Building dated August 11, 2003; and A3.8.1 Playfield Restrooms - Site dated August 13, 2003, by Schwab, Twitty & Hanser. 4. Wall and Trim Color Samples Sherwin Williams Honeysuckle SW1383 and Heron White SW2425; Flat Concrete Roof Tile - Palm Island Green; and Glass Color - Evergreen. If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799- 4243. Very truly yo Talal Benothman, AICP Planning and Zoning Director cc: Bahareh Wolfs, Development Compliance Officer Todd Engle, Construction Services Administrator Bud Brown, Interim Building Official Kelvin Wise, Code Enforcement Supervisor Lisa Scalabrin, Accounting Technician Jackie Holloman, Planner g /JHolloman/ Benjamin School Minor Amendment/ADMIN -03 -63 Benj Schl aprvl Itr • 3 • Date Prepared: February 5, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 4, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE BENJAMIN PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT BY ALLOWING AN INCREASE IN ON -SITE UPLAND PRESERVE AREA, OFF -SITE MITIGATION OF THE WETLAND PRESERVE AREA, RELOCATION AND REDESIGN OF THE ATHLETIC FIELDS, RELOCATION OF THE FIELD HOUSE AND ASSOCIATED PARKING, AND MINOR MODIFICATION TO THE APPROVED ARCHITECTURAL ELEVATIONS, LOCATED APPROXIMATELY ONE -HALF MILE SOUTH OF DONALD ROSS ROAD ON THE WEST SIDE OF CENTRAL BOULEVARD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR • WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 02 -05) from the Benjamin Private School, Inc., for approval of an amendment to apreviously- approved Planned Unit Development (PUD) (Ordinance 30, 2000), known as the Benjamin Private High School to allow for the modification and increase, to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one - half mile south of Donald Ross Road on the west side of Central Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Public/Institutional (P/I) and a land -use designation of Residential Low (RL); and WHEREAS, on October 22, 2002, the City's Planning and Zoning Commission held a public hearing and recommended approval of the subject petition; and • • Date Prepared: February S, 2003 Ordinance 4, 2003 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the application of Benjamin Private School, Inc., for an amendment to the Benjamin Private High School Planned Unit Development, to. allow the modification of and increase to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one - half mile south of Donald Ross Road, on the west side of Central Boulevard. SECTION 3: Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: • 1. Prior to issuance of the first building permit, the applicant shall perform a detailed design of the south Grande Flora right -of -way line to verify that a maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the applicant shall provide a retaining wall with a pedestrian handrail, which shall be reviewed and approved by the City Engineer prior to construction. (City Engineer) 2. The applicant shall be required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5 foot - candles at the nearest residential property line. (City Engineer) 3. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as -built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance) 4. If any utility installations, grade changes, or other modifications to the site should cause the on -site upland preserve acreage to become less than 8.96 acres, the applicant shall return to the City Council for review and approval of a PUD amendment to address upland preserve mitigation. (City Forester) 5. Condition No. 1 of Ordinance 30, 2002, shall be amended to read, " pay, r-f-st 06011 Within six (6) months from the issuance of the clearing permit, the • r� Date Prepared: February 5, 2003 Ordinance 4,2003 applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said district. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. The Growth Management Director may grant a one -time three -month time extension provided a good faith effort is being made by the applicant to install the required landscaping, irrigation, lighting and related amenities. The lighting plan, with an minimum intensity of 0.6 foot - candles and an average of 1.0 foot - candle, for the meandering pedestrian sidewalk within the preserve area shall be submitted for approval by the City Engineer within 30 days of approval of the development order. The lighting fixtures shall not exceed 12 feet in height. (City Forester; City Engineer) • 6. All previous conditions of Ordinance 30, 2000, shall remain in effect. (Planning & Zoning) SECTION 4: City Council hereby grants the following waivers with this approval: 1. A waiver to allow building permits for excavation and fill and vertical structure to be issued prior to plat approval. Section 78- 441(c) requires boundary plat approval prior to issuance of a building permit; and 2. A waiver to allow all parking spaces, except handicap parking spaces, to be 9.5' wide x 18.5' long. Section 78- 344(1)(1) of the LDRs requires 10' x 18.5' parking spaces. 3. A waiver to eliminate littoral plantings on the shelf area below the water line of the north Lake 2 and install littoral plants only around the lake's edge. Section 78 -332 of the code requires littoral planting on lakes that are larger than one acre in size. SECTION 5: Amendment to the Benjamin School Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. December 20, 2002 Master PUD Site Plan, Urban Design Studio, sheets SP -1 - SP -4. 2. December 20, 2002 Landscape Plans, Urban Design Studio, sheets 1 - 5. 3. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Section A -A. 4. June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Sections C -C, and D -D. • Date Prepared: February 5, 2003 Ordinance 4, 2003 5. April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets A1.1.0 through A 3.7.1, 23 sheets. 6. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets. 7. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets. 8. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets. SECTION 6: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7: This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SECTION & All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: This ordinance shall become effective upon the day of adoption. C7 [This space intentionally left blank.] • C7 C7 • Date Prepared: February 5, 2003 Ordinance 4, 2003 PASSED, FIRST READING this 14 —xt day of -JAMU9P-1 2003. PASSED, SECOND READING this � day of ) 2003. PASSED, ADOPTED AND APPROVED this 9* day of frdt±V 2003. le VICE MAYOR SA13ATELLO ATTEST: PAT.RIQA--4'N 't',dT-YZ-lE-RK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER. RUSSO COUNCILMEMBER DELGADO GM on PbS.../lHollornaWfolder Benjamin school/PUD-02 05 Benj schl Ord.doc 5 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT I--,' • Ordinance 30, 2000 Date Prepared: December 8, 2000 ORDINANCE 30, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF THE BENJAMIN PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND AN UNNAMED FUTURE EAST -WEST ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO PUBLIC /INSTITUTIONAL (P /1) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT A 187,671 SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, the City of Palm Beach Gardens received an application from The Benjamin Private School, Inc., for approval of rezoning of 50 acres of land located at the northwest corner of the intersection of Central Boulevard and unnamed future east -west road from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "The Benjamin Private Upper School "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. • Ordinance 30, 2000 Date Prepared: December 8, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 50 acres of land owned by The Benjamin School, Inc., located at the northwest corner of the intersection of Central Boulevard and unnamed future road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay, in order to allow the construction of a 187,671 square foot private high school campus. The PUD will be known as "The Benjamin Private Upper School." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to issuance of the certification of completion for the athletic • fields or the first certificate of occupancy, whichever first occurs, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require, as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) (3) Prior to the issuance of first building permit, the applicant must submit a letter from Northern Palm Beach County Improvement • District (NPBCID) that verifies the release of all ties /holdings that 2 • Ordinance 30, 2000 Date Prepared: December 8, 2000 NPBCID has or plans to have in the future with the lakes on the Benjamin School site. All lakes will be required to remain privately owned and shall be maintained in accordance with a management plan consistent with section 117 of the City's LDRs. The management plan must be submitted by the applicant and approval b the he City Engineer prior to the first certificate of occupancy. (City Engineer, Planning & Zoning) (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements, unless otherwise approved by the City Engineer. (City Engineer, Planning and Zoning) (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the • purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. (Planning and Zoning) (6) The number of students shall not exceed 490 as indicated in the traffic impact analysis. Enrollment shall be verified by City staff. An annual report indicating the number of students shall be submitted to the City on or before December 31" of each year. (7) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer) . (8) Prior to issuance of the first certificate of occupancy, the applicant 3 • Ordinance 30, 2000 Date Prepared: December 8, 2000 shall submit all legal documents pertaining to ownership and maintenance of the property to the City for review by the City's legal counsel and the City Forester. (Planning and Zoning, City Engineer) (9) The open space /landscape maintenance and environmental preserve management plan shall be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning and Zoning) (10) The City will assess the Developer a pro -rata share of the City's cost to review and comment on Northern Palm Beach County Improvement District's (NPBCID) Unit 2 Environmental Resource Permit Modification based upon the project's acreage within NPBCID's Unit 2. (City Engineer) (11) Prior to issuance of the first building permit, the petitioner shall • submit construction plan drawings that indicate a sidewalk along the southern side of the East -West Road right -of -way, in accordance with the LDRs. SECTION 3. The following waivers are hereby granted with this approval: Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. Section 180 (3), Number of Parking Spaces in excess of 10% required parking. Section 282, Lake Maintenance Tract, to allow for vertical structures within the 25 foot Lake Maintenance Easement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Date Stamped November 29, 2000 Master Site Plan, Urban Design Studio, Sheets SP -1 through SP -3. 2. September 7, 2000 Engineering and Landscape Plan, Urban Design Studio, 1 Sheet. • 3. October 3, 2000 Landscape Plans, Urban Design Studio, 4 • Ordinance 30, 2000 Date Prepared: December 8, 2000 Sheets 1 through 6. 4. September 8, 2000 Plant List and Detail Sheet, Urban Design Studio, 1 Sheet. 5. September 7, 2000 PUD Parkway Plan, Urban Design Studio, 12 Sheets. 6. April 5, 2000 Architectural Elevations and Plans, Schwab, Twitty and Hanser, Sheets A -1.1.1 through A -3.1.3 and A- 3.1.5. 7. August 9, 2000 Architectural Elevations, Schwab, Twitty and Hanser, Sheet A- 3.1.4. 8. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet 9. October 2, 2000 Photometric Plan, AGI , 1 Sheet 10. October 6, 2000 Conceptual Drainage Plan, Scheaffer and Fagan, 2 Sheets. 11. April 13, 2000 Boundary and Topographic Survey, Benchmark Surveying, 2 Sheets. 12. March 10, 1999 Traffic Impact Analysis, Kimley — Horn Associates, 17 pages • 13. March, 1999 Environmental Assessment, E.W. Consultants, 16 pages. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000. PLACED ON SECOND READING THIS DAY OF 200 H R. RUSSO DAY OF 5 200 • Ordinance 30, 2000 Date Prepared: December 8, 2000 LJ VIC VIVO, UFFMAYOR '10LIN COUNCILMAN CARL SABATELLO ATT T BY: CAROL GOC INTERIM CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO ✓ VICE MAYOR JABLIN i COUNCILWOMAN FURTADO ✓ COUNCILMAN CLARK COUNCILMAN SABATELLO \ \FILE SRV\COMPROG \Short Range \pud0001or1.doc • 6 AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, NOVEMBER 27, 2007 AT 6:30 P.M. COUNCIL CHAMBERS CALL TO ORDER PLEDGE OF ALLEGIANCE REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN PLANNING, ZONING AND APPEALS BOARD Regular Members: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Jonathan D. Rubins Alternates: Joy Hecht (1" Alt.) Amir Kanel (2" d Alt.) Planning, Zoning and Appeals Board November 27, 2007 Recommendation to City Council: 1. Ex Parte Communication (Public Hearing) Petition MISC- 07 -10- 000036 - The Benjamin Private School Monument Sign A request by Ms. Anne Booth of Urban Design Studio, agent, on behalf of the Benjamin Private School, Inc., to amend Ordinance 4, 2003 to allow a monument sign at the northwest corner of Central Boulevard and Grandiflora Road. Project Manager: Jackie Holloman, Planner ihollomanla�pW,com (799 -4237) 2. OLD BUSINESS 3. NEW BUSINESS 4. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Office, no later than five days prior to the proceeding, at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (IDD) or (800) 955 -8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Exact legal description and /or survey for the cases may be obtained from the files in the Growth Management Department. Cohmnon/pzagenda I1- 27- 07.doc 2