HomeMy WebLinkAboutAgenda Council Agenda 030608
City of Palm Beach Gardens
Council Agenda
March 6, 2008
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 6, 2008
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Staff Report on Page 4, Resolution on Page 6) Resolution 15, 2008 - Local
Agency Certification Qualification Agreement. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Local Agency
Certification Qualification Agreement with the State of Florida Department of
Transportation; and providing an effective date.
b. (Staff Report on Page 10, Resolution on Page 13) Resolution 16, 2008 - Traffic
Control Jurisdiction Agreement. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement for Traffic Control
Jurisdiction between the City of Palm Beach Gardens and the Evergrene Master
Association, Inc.; and providing an effective date.
c. (Page 18) Proclamation – Water for Our Children Day.
d. (Page 19) Proclamation – Red Cross Month.
e. (Page 20) Proclamation – Women’s History Month.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 21, Ordinance on Page 65, Resolution on Page 68)
Ordinance 3, 2008 – (2nd reading and adoption) Benjamin Private High School
Planned Unit Development. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 30, 2000 and Ordinance 4, 2003
relating to the Benjamin Private High School Planned Unit Development located
at the Northwest corner of Central Boulevard and Grandiflora Road to transfer the
site plan approval and related waivers and conditions to a separate Resolution;
and providing an effective date.
Resolution 11, 2008 is a companion item to Ordinance 3, 2008
and will require council action.
Resolution 11, 2008 - Benjamin Private High School Planned Unit Development.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
amending the Benjamin Private High School Planned Unit Development (PUD) to
allow a monument sign to be located at the Northwest corner of Central
Boulevard and Grandiflora Road, as more particularly described herein; providing
waivers; providing conditions of approval; and providing an effective date.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 12,2008
Meeting Date: March 6, 2008
Resolution 15. 2008
SubjecUAgenda Item: Resolution 15,2008, providing for the Local Agency Program (LAP)
Certification Qualification Agreement
[XI Recommendation to APPROVE 1 ] Recommendation to DENY
Reviewed by:
Fina e mi istrator a
Submitted by:
Jack Doughney
Community Services *
2-14-q
Approved by:
Ro#
City Mhder
Originating Dept.:
Engineering
-$-MI />&d
Daniel P. Clark, P.E.
City Engineer
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
/
I x 1 Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
[ ] Denied
[ ] Continued to:
conditions
Attachments:
Resolution 15, 2008
Agreement
[ ]None
Date Prepared: February 12, 2008
Meeting Date: March 6, 2008
Resolution 15,2008
BACKGROUND
The State of Florida Department of Transportation (FDOT) has historically contracted
with local government agencies to help plan, design, acquire right of way and construct
transportation facilities on the State and Federal Highway Systems. In order for a local
government to participate in such a contract, the local government must be Local
Agency Program (LAP) certified. Other transportation funding agencies also require the
local government to be LAP certified. LAP certification indicates that the local
government complies with strict criteria for procurement of goods and services and
implements FDOT standards for state and federal road.
The Local Agency Program (LAP) is administered in each of FDOT’s districts by a
District LAP Administrator designated by the District FDOT Secretary. Project-level
direction and oversight are provided through the District Offices of Planning,
Environmental Management, Design, Right-of-way, Policy Planning, Environmental
Management, Federal-Aid, Design, Contracts Administration, Equal Opportunity,
Comptroller, and Program Development. The Central Office LAP Administrator chairs
the standing committee on standards and practices for local agencies.
BECOMING CERTIFIED
To become certified to operate under the program, the City must submit a packet of
information to the District Local Agency Program Administrator including a Local
Agency Certification Qualification Agreement, which is attached for City Council’s
consideration. LAP certification will allow the City the opportunity to design and manage
certain FDOT projects in the future, giving us more input into construction schedules
and construction methodologies.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 15, 2008 as presented.
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RESOLUTION 15,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A LOCAL AGENCY
CERTIFICATION QUALIFICATION AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation ('IFDOT'') has
historically contracted with local governmental agencies to plan, develop, design, and
acquire rights-of-way, and construct transportation facilities on the State system; and
WHEREAS, in order for a local government to participate in such a contract, the
local agency must be Local Agency Program (LAP) certified; and
WHEREAS, since the City desires to make improvements on State roads in the
future, which include Northlake Boulevard, an LAP certification will allow the City to
receive direct funding for improvements; and
WHEREAS, other transportation funding sources also require the City to be LAP
certified; and
WHEREAS, such agreement has been prepared and is attached hereto; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Local Agency Certification
Qualification Agreement with the FDOT, and authorizes the Mayor and City Clerk to
execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 19, 2008
Resolution 15, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Joseph R. Russo, Mayor
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
--- MAYOR RUSSO
--- VICE MAYOR LEVY
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\local agency certification qualification agmt - reso 15 2008.doc
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-33
LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT MGT, RESEARCH OF' 05/01
Page 1 of 2
AGENCY
The noted agency hereby agrees to comply with the following requirements when developing all projects on the Federal
Aid Highway Systems:
City of Palm Beach Gardens
1. The Local Agency Program Manual and all policies and guidelines promulgated by the State of Florida
Department of Transportation (FDOT) which accomplish the policies and objectives set forth in Title 23, US.
Code, Highways and the Regulations issued pursuant thereto.
2. The overall approval authorities and conditions will be as follows:
a. The designs will be reviewed and approved by the following State of Florida registered Professional
Engineer.
City Enqineer
Position Title Only
b. The hearing's findings (if required) will be reviewed and approved by the following official or officials.
City Attorney
Position Title or Titles Only
C. The contract plans, specifications and estimate of cost will be reviewed and approved by the following
State of Florida registered Professional Engineer.
City Engineer
Position Title or Titles Only
d. Agreements will be signed by the following responsible local official:
City Manager or Mayor
Position Title Only
(1) Railroad City Manager or Mayor
Position Title Only
(1) Railroad
City Manager or Mayor
Position Title Only
(2) Utility
City Manager or Mayor
Position Title Only
(3) Consultant
City Manager or Mayor
Position Title Only
(4) Technical Services
e. The award of contract will be signed by the following responsible official.
City Manaqer or Mayor
Position Title or Titles Only
f. If there are DBE requirements on a project, the following will be the DBE liaison officer:
City Engineer
Position Title
525-010-33
PROJ MGT. RESEARCH & DEV OFC
05/0 1
Page2of2
3.
4.
5.
6.
9. All projects will be designed and constructed in conformance with the requirements of the Local Agency
Program Manual.
h. The Contract Administration will be supervised by the following State of Florida registered Professional
Engineer.
City Engineer
Position Title Only
i. Construction Administration and Material Sampling and Testing will be accomplished in accordance with
the requirements of the Local Agency Program Manual.
The agency agrees that they have the means to provide adequate expertise and will have support staff
available to perform the functions being subdelegated. The support staff may include consultant or state
services.
The agency agrees to submit the names of the approving authorities noted in Section 2 above with each
project prospectus.
All projects under Local Agency Certification shall be available for review by the FHWA and the State at any
time, and all project documents shall be retained and available for inspection during the plan development and
construction stages and for a three-year period following acceptance of the project by FHWA.
The FDOT District Local Agency Program Administrator's approval of the Local Agency Certification may be
rescinded at any time upon request by the local agency or if in the FDOT District Local Agency Program
Administrator's opinion it is necessary to do so. The rescission may be applied to all or part of the programs or
projects approved in the Local Agency Certification.
Mayor or Chairman Date
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
The Local Agency is certified in the following functional areas:
Design 0 Consultant Selection 0 Bid and Award Project Construction Administration
Right ofWay
0 Planning Environmental Documentation
Approved By: District Secretary or Designee Date
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 23,2008
Meeting Date: March 6,2008
Resolution 16,2008
SubjecVAgenda Item: Proposed Agreement between the City of Palm Beach Gardens and
Evergrene Master Association, Inc. to Provide Uniform Traffic Control on the Private Streets
and Roadways within the Evergrene community.
[XI Recommendation to APPROVE
11 Recommendation to DENY
Reviewed by:
Christine P. Tatum
City Attorney 4
Finance Director
NIA
Submitted by:
Chief Stephen Stepp
I Department Director
I City Manager
Originating Dept.:
Police Department
Advertised :
Date:
Paper:
[ x ] Not Required
Affected parties
mtified
[ x ] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 16, 2008
0 Agreement
0 Letter of Request
from Evergrene
Master Association,
Inc.
[ ]None
Date Prepared: January 23,2008
Meeting Date: March 6, 2008
Resolution 16, 2008
BACKGROUND: The Evergrene Master Association, Inc. desires to enter into an
agreement with the City of Palm Beach Gardens for the purpose of enforcing traffic laws on
the private streets and roadways within their gated community. The Police Department
conducted a survey of the traffic control devices and signs within the community and
determined that they meet the standards set forth by the Florida Department of
Transportation.
Previously, the City had entered into a Traffic Control Agreement with Evergene
(Resolution 132, 2004). Legal control of the Evergrene Master Association has been
turned over from the developer to the residents who have requested City approval of a new
agreement.
STAFF RECOMMENDATION: Staff recommends entering into an agreement with the
Evergrene Master Association, Inc. for the purpose of providing enforcement of traffic laws
within the Evergrene community and recommends approval of Resolution 16, 2008.
650 hgrcne Parkway Palm Serah Gadem, &rida 33410 Td: 561-622-7589 Pax: 561-626-7186
To: butenantspencer Phone (584) 799-4460
Palm Beech Qardsns Fax (Sel)70Q4!580 Police Department
lo500 N. Military Trail
Palm Beach Gatdens, FL 33410
Fr: Willlam J. Kselsy, Prsaident af the Board of Dimtors
Deb: January 18,2008
RE: Euerg;mne Masbr Assoddon
And Palm 8each Gardens Pdlce Department Traffic Enforcement
Please alkw this oorrsspondenca to 8ewe a8 Evergrene Master Association's formal request to slow h City of Palm Beach Gardens Police Department to enforce any and all traffic viatations
including but not IimiW to, pmtd speed signs and dop signs.
..--
Date Prepared: January 23, 2008
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RESOLUTION 16,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR
TRAFFIC CONTROL JURISDICTION BETWEEN THE CITY OF
PALM BEACH GARDENS AND THE EVERGRENE MASTER
ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Evergrene Master Association, Inc. owns and/or controls the
roadways within its development as private roads; and
WHEREAS, Section 31 6.006(2), Florida Statutes, provides that the City may
exercise traffic control jurisdiction over private roads by written agreement; and
WHEREAS, the Evergrene Master Association, Inc. wishes to contract with the
City of Palm Beach Gardens for performance of law enforcement services and functions
relating to traffic control within its boundaries in the City of Palm Beach Gardens; and
WHEREAS, such agreement for law enforcement services has been prepared
and is attached hereto; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Traffic Control Jurisdiction Agreement approved by Resolution
132, 2004 is hereby rescinded.
SECTION 3. The City Council hereby accepts and approves the Traffic Control
Jurisdiction Agreement between the City of Palm Beach Gardens and the Evergrene
Master Association, Inc. and hereby authorizes the Mayor and City Clerk to execute the
Agreement.
SECTION 4. This Resolution shall take effect immediately upon adoption.
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Date Prepared: January 23,2008
Resolution 16, 2008
PASSED AND ADOPTED this day of ,2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO --~
VICE MAYOR LEVY __~-
COUNCILMEMBER JABLIN ___~~
COUNCILMEMBER VALECHE __~___
COUNCILMEMBER BARNETT ~~__
Glattorney-share\RESOLUTIONS\traffic control jurisdiction agmt-evergrene master assoc - reso 16 2008.doc
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AGREEMENT FOR TRAFFIC ENFORCEMENT
THIS AGREEMENT is made and entered into as of the day of
2008, by and between the CITY OF PALM BEACH GARDENS,
a Florida municipal dorporation (“City”), and EVERGRENE MASTER ASSOCIATION,
INC., a Florida non-profit corporation (“Association”).
WITNESSETH:
WHEREAS, Section 31 6.006(2)(b), Florida Statutes, authorizes the City’s law
enforcement officers to exercise traffic control jurisdiction over private roads located
within the City pursuant to written agreement between the City and the party or parties
owning or controlling such roads: and
WHEREAS, the Association, as the beneficial owner of the roadways within the
Evergrene community and acting on behalf of its residents, has requested that the City
provide uniform traffic control enforcement and the City has agreed to provide such
traffic control in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual representations herein
contained, the parties hereto agree as follows:
1. The City agrees to provide uniform traffic control in and on the private streets
and roadways within the Evergrene community during normal patrol hours.
The Association acknowledges that this Agreement does not guarantee a
minimum number of hours of traffic enforcement.
2. The Association agrees to indemnify and hold harmless the City, its Police
Department, and all of its officials, officers, agents, and employees against all
loss, liability, and expenses and all claims made for injury or damage to
person or property (including, but not limited to, wrongful death and
impairment of any property interest) arising or resulting from the City
exercising normal, customary traffic enforcement jurisdiction over the private
streets and roadways within the Evergrene community, which result from the
improper or negligent actions of persons under the direct control of the
Association or the negligent maintenance of the property which is under the
direct control of, and is the maintenance obligation of, the Association.
3. The City shall not be obligated to provide uniform traffic control within the
Evergrene community until such time as the Association posts state-approved
traffic control devices, where required.
4. This Agreement shall take effect on the date it is signed by both parties and
may be canceled by the City or the Association, for any or no reason, by
providing thirty (30) days’ written notice to the other party.
5. All notices required or allowed by this Agreement shall be hand-delivered or
mailed by certified mail, return receipt requested. Notices are to be sent to
the following:
As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
As to the Association: Evergrene Master Association, Inc.
650 Evergrene Parkway
Palm Beach Gardens, FL 33410
Attn: Larry E. Daly, PCAM, Association Manager
6. This Agreement represents the entire understanding between the parties with
respect to the subject matter hereof, and supercedes all other negotiations,
representations, and agreements, either oral or written, relating to this
Agreement.
7. In the event any section, paragraph, clause, or provision hereof is deemed
invalid by a court of competent jurisdiction, such shall not affect the remaining
portions of this Agreement, which shall remain in full force and effect.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties have set their hands hereunto as of the
date first above written.
CITY OF PALM BEACH GARDENS, a Florida
Municipal Corporation
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
mristine P. Tatum, City Attorney
EVERGRENE MASTER ASSOCIATION, INC.
ATTEST:
S ecre t a ry
G:\attorney-share\AGREEMENTS\traffic enforcement agmt - The Evergrene Master Assoc - jan 2008.doc
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BALM BEACH GA
WHEREAS, a ready s le, potable water is essential to our quality of life; and
provides a critical source of fresh water to
the aquifer that we draw drinking water fim; and
AS, the Everglades has come under threat from pollution, develo
on, the introduction of exotic species and, mor
could lead to water shortages that would limit the access of
an adequate supply of potable, affordable water; and
_1 WHEREAS, creative, rld solutions are needed to combat this trend; and,
ers of the Waters, is a world-renown Eco-anisr
roviding innovative, comprehensive water-use whose work has 1dng.b praised
solutions; and,
WHEREAS, Betsy D
2008 when she will be
Ann4 Luncheon;
NOW THERERFORE, I, Joseph R. Russo, by the authority vested in me as Mayor of the
City of Palm Beach Gardens do hereby proclaim March 7,2008 to be
scheduled to visit the Palm Beach area on Friday, March 7;
ynote Speaker at the Arthur R. Marshall Foundation’s Ten&
Water for
in the City of Palm Beach mens, and urge
conservab in homes and businesses on both
Our Children Day
all citizens to observe this day by practicing water
a large and small scale.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City of Palm Beach
Gardens, Florida, to be affured on
this dh day of March in the Year of
our Lord, Two Thousand Eight
P c
L
Mayor Joseph R. Russo
CITY OF PALM BEACH GARDENS
Pm BEACH COUNTY, FLORlDA
PROCLAMATlON
1
FWEWWS, fw more than a century the American Red Cross has been
at &&rqmnt of helpiq dmericanr prevent, prepe for and respond to largpe and small
dhwters; and
IFWEZhM, edpw during the month of Mwch wejhu@ recognize
the American Red Cross and its essential humanitarian role in OUT community. We honor
the role of the oreater Pd
County a better place; and
- "each Area Chapter 's conttibutions to WM&& Palm Beach
WiEllE&" in the ptyear h, the Greater Palm Beach Area
Chqpter respodd to I95 local emergencies, assisted I87 military failies. Red Cross
wlunteem are the core of the Red Cross, doMting their time andenergyto se&lessly
$+
MHEX!UL, ,#& yew we dedicate a thy to OutfiithjW volunteers; our
hometown heroes. On Hornetown Hemes m, we celebrate and acknowledge tiw
contributions om many heroes in Palm Beach County.
NW, lBE- 4 Awph R Russo, by vittue of tk authority vested
in me as Wyor of the C&v afpam Beach Garbs, Florida, do hqebyproclaim the
amnth of Mierch 2008 as American Red Craps Month andMarch as Horndown Rbes
a i
, *a*.
PROCLAMATION
uecianng the month of March as Women's HIS - ke
have been cri
ltural artistic
Now, rn
oft' -.
nnf
WHEREAS, Ameripin
'Palm Beachd3ardens:
R. &sso, by virtue
ens, Florida, do
Women's IIiseOry Month
IN WITNESS
r
I
q
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 8,2008
Meeting Date: March 6,2008
Ordinance 3,2008 & Resolution 11,2008
SubiectlAaenda Item:
Ordinance 3, 2008 & Resolution 11, 2008 - Benjamin Private School Planned Unit
Development (PUD) Amendment
Second Reading & Public Hearing: A request by Ms. Anne Booth of Urban Design Studio,
agent, on behalf of the Benjamin Private School, Inc., to amend the Benjamin Private
School PUD to allow a monument sign to be located at the northwest corner of Central
Boulevard and Grandiflora Road.
[ X ] Recommendation to APPROVE with conditions and one additional waiver
] Recommendati
Reviewed by:
City Attorney: I + Christi P. T um, Esq.
Development Compliance:
- Bahareh K. Wolfs, AlCP
Johnson, AlCP
Growth Wnagement
Ad i is r tor: JLLL
Kara Irwin. AlCP
Approved By: /
Ronald N/. Fer IS __f___
n to DENY
Originating Dept.:
Growth Management:
Project
Planner
[ X ] Quasi-Judicial
[ ] Legislative
[ X ] Public Hearing
Advertised: [Yes ]
Date: 211 7/08
Paper: Palm Beach
Post
[ X ] Required at 2nd
Reading
Public Notice:
[ I Yes
[ XI Required at 2nd
reading
-----
Finance Dept.:
Senior Accountant: L
Tresha Thomas
Fees Paid: [ X ] Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ X ] Approved on First
Reading - February 7,
2008
[ ] Approved with
conditions
Denied
Continued to:
Attachments:
Ordinance 3, 2008
Resolution 11, 2008
Applicant's Narrative
FPL Agreement
Signage Rendering
Landscape Plan
Location Photos
Resolution 16, 2005
Administrative Approvals
Ordinance 4, 2003
Ordinance 30, 2000
..
Date Prepared: February 8,2008
Meeting Date: March 6,2008
Ordinance 3,2008 & Resolution 11,2008
EXECUTIVE SUMMARY
When the Benjamin Private School was originally approved, no entry signs were requested
by the Applicant, Now that the school has been in operation since the fall of 2004 the
applicant has determined that a two-sided entry monument sign is necessary to assist
visitors and emergency services in locating the entrance to the school. The sign is
proposed to be located at the northwest corner of Central Boulevard and Grandiflora Road
within an FPL easement. The applicant has executed an agreement with FPL allowing
encroachment of the monument sign.
The Planning, Zoning, and Appeals Board reviewed the application at its meeting of
November 27, 2007, and voted 7-0 to recommend approval.
The proposed monument sign cannot meet the minimum 15-foot setback from Grandiflora
Road as required by Code due to an existing upland preserve area. The Applicant,
therefore, is requesting a waiver of 11.5 feet in order to locate the monument sign 3.5 feet
from the right-of-way. Staff has no objections to the requested waiver and is recommending
approval with conditions.
The City Council reviewed the application at its February 7,2008, meeting and voted 4 to 0
to approve Ordinance 3, 2008 on first reading.
BACKGROUND
With the adoption of Ordinance 30, 2000, on December 21, 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/lnstitutional (PA)
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.
2
Date Prepared: February 8,2008
Meeting Date: March 6,2008
Ordinance 3,2008 & Resolution I?, 2008
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/lnstitutional (PA).
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
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
1 5-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 to allow an 11.5-fOOt encumbrance into
the 15-foot setback.
Waiver Requested
The applicant is requesting the following waiver:
Citv Code
Section 78-285,
Table 24:
Permanent
Signs: Ground
Sign
Requires
Minimum 15 feet
setback from right-of-
way
Proposed
3.5 feet setback from
right-of-way of
Grandiflora Road
Waiver Requested
11.5 feet
Recommendation
(1) Approval
~
(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 location for the monument sign. Staff has no objection to the
requested waiver.
3
Monument Sign Details
The proposed two-sided sign will be simulated stucco with black aluminum letters on a gold
and beige surface to match the existing school buildings. The sign will measure 6 feet high
by10 feet in length, and it will be 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.
DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS
Members of the Development Review Committee have reviewed the request and have no
concerns or adverse comments.
CITY COUNCIL COMMENTS
The City Council reviewed the application at its February 7,2008, meeting and voted 4 to 0
to approve Ordinance 3, 2008 on first reading.
STAFF RECOMMENDATION
Staff agrees that a monument sign would help visitors and emergency vehicles to locate
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 location
for the monument sign.
Staff recommends APPROVAL of Ordinance 3, 2008 and Resolution 11, 2008, with
conditions and one additional waiver.
JhlCase FileslBenjamin SchoolBenjamin School Monument SignlStaff report Benj School Sign CC PH 2"d reading.doc
4
Date Prepared: February 8,2008
Meeting Date: March 6,2008
Ordinance 3,2008 & Resolution 11,2008
?
urban
October 10,2007
Ms. Kara Irwin, Director
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
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' fi-om 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 SchoolWaster Signage 2005\Application Info\MiscSi~Let~er101007 AB%#!@ 225 - The Lofts at City 'lace
LCC35 -1 < West Palm Beach, FL 33401
561.366.1 100
LCC35
561.366.1 11 1 fax CCT 1% &jj; www.UDSonline.com
Ms. Kara Irwin
The Benjamin Upper School PUD
October 10,2007
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 3 1.5' 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:
w
w Development Application form
w Owners Consent
w
w FPL Non-Disturbance Agreement
w
A filing fee check in the amount of $2,650.00 ($1,650 base application fee + $1,000 min.
engineeringhaflc escrow)
8 '/2 x 11 aerial location map
Photographs of the area where the sign is proposed
G:Uobs\Benjamin Upper School\Master Signage 2005\Application InfoWiscSignLetterl 0 1007 AB.wpd
LCC35
'I
Ms. Kara Irwin
The Benjamin Upper School PUD
October 10,2007
Page 3
And 9 copies each of the following:
w
w
Site Plans, (4 pages), prepared by Urban Design Studio, dated October 09,2007
Landscape Plan, (1 page) (1 1 x 17), prepared by Urban Design Studio, dated October 09 ,
2007
Boundary Plat, Plat Book 100, Pages 150 and 15 1
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
G:\Jobs\Benjamin Upper Schoolblaster Signage 2005\Application InfoWiscSignLetterlO 1007 AB.wpd
LCC35
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 ('IFPI,") 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
WREAS, Owner has requested FPL to achowledge 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 fiuther into the Utility Easement),
subject to the compliance with the terms hereof.
2. Except as provided in ection 1 hereof, Owner agrees not to Eurther encumber FPL's m7
\ \
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 harmIess f7om 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 Agrement 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.
SS WHEREOF, he undersigned has duly executed and delivered this agreement
on this m??! dayofeh ,2007.
OWNER:
THE BENJAMIN PRIVATE SCHOOL, INC.,
Signed, sealed and delivered
in our presence as witnesses:
Title:
Signed, sealed and delivered
in our presence as witnesses:
LIGHT COMPANY,
ea1 Estate Project Manager
[Acknowledgements on next page]
Page 2
ACKNOWLEDGEMENTS
STATE OF FLORIDA 1
)ss:
COUNTY OF PALM BEACH)
on this 2 day of
public, personally appeared Y
of The Benjamin Private School, Inc., a Florida
or who has pr , as identification, and acknowledged that
he/she executed the same on behalf of said corporation and that he/she was duly authorized to do
known to me to be the person who subscribed to the foregoing instrument
so.
IN WITNESS WHEREOF, I hereunto set my hand andcia1 seal. /I ,
STATE OF FLORIDA
NOTARY PUE3LiC-STATE OF FLORIDA v JaneAnn Schaas
) Commission # DIM71133
)ss: Expires: SEI? 12, 2009
) ;!~i?lcd TIr.1 Atlana’c Bonding 0.. Inc. COUNTY OF PALM BEACH
On this25 day of , 2007, before me, the undersigned
notary public, personally appeared J. f. Corson, CoGororate 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.
-m
IN WITNESS WHEFEOF, I hereunto set my hand and official seal.
PMR\AgreementsWon-Dis~r~nce Ageemen t
Page 3
EXHIBIT A
LEGAL DESCRIPTION
PARCELONCENTRALBOULEVARD
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
BEGINNING.
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF
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,
TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH
SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST
DEPARTING SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 944.95 FEET
ONE-HALF OF SAID SECTION 25; THENCE, NORTH 01°17’32” EAST, ALONG
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.
N00'48'04"E - 2336.43' - -
BLVD - -
Q) - \C/L CENTRAL
B -
' SchooRMaster I Signage 2005\Current\siteptan\S :W ... ..... v)
(CONTINUED FROM SHEET 1 OF 7)
1298'35" EAST, A DISTANCE OF 20.01 FEET TO THE POlNT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 169.19 FEET; THENCE, NORTHERLY, ALONG SA10
CURVE, THROUGH A CENTRAL ANGLE OF 28"58'19', A DISTANCE OF 85.55 FEET TO THE
POINT OF TANGENCY ; THENCE, NORTH 16V9'44" WEST, A DISTANCE OF 20.02 FEET TO
THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 80.00
THWESTERLY, ALONG SAID CURVE, THROUGH ACENTRAL ANGLE OF
CE OF 109.27 FEET TO THE POINT OF RNERSE CURVATURE OF A
ORTHERLY, HAVING A RADIUS OF 136.05 FEET; THENCE, WESTERLY,
"20'1 7', A DISTANCE OF 67.29
OF A CURVE CONCAVE
E, NORTHWESTERLY, ALONG
DISTANCE OF 41.34 FEET TO
ERSE CURVATURE OFA CURVE CONCAVE SOUTHWESTERLY, HAVING
A RADIUS OF 105.00flgT; THENCE, NORTHWESTERLY, ALONG SAID CURVE, THROUGH
WEST, A DlSTAN
FEET: THENCE WEST, A DISTANCE OF 91.37 FEET: THENCE NORTH
05.65 FEET; THENCE NORTH Oo"56'40" EAST, A DISTANCE
5 FEET IN WlDTH, LYING IN SAID WE
SAID STRIP BEING SPECIFICALLY DESCRBE
FOLLOWS:
RECORD. /
-5 - e '\/ ,.- SEE SHEETS 3 THRU 7 FOR SKETCH
f .-?
DESCRIPTION OF: FLORIDA POWER M ,LIGHT EASEMENT
.-
4152 w. BLUE HERON BOU'LHA&D SUITE i-zi-'
RIVIERA BEACH FLO JjZb~~33404
PHONE: (561 848-2102 0L.B. 217 ?-- FAX: 1561) 844-9659
EMAIL: brn smQool.com WEB: http://members.ao .corn//bmlsm
FILE: 10' FPL DATE: 7/14/2003 I Bv: KVC EKD 1 W.O.NO.: P233 1 SHEET 2 OF 7
Book1 6550/Pagel567
I Page 3 of 8
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Palm Beach Gardens, Florida
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Palm Beach Gardens, Florida
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Textured stucco sample
Note: Sign to either be upliiht M lit via wide-angle warm white LED lights embed-
ded into trim pieces. LEDs to illuminate yellow background and create an evenly lit
background for the text to be read against. Hollow aluminum construction will be
required for LED illumination option.
0
m
Benjamin Upper School
Proposed Ground Sign
1 1-05-07
DIF MONUMENT SIGN LAYOUT scALE:1/2"=1'-0"
FABRICATE & INSTALL ONE (1 ) DOUBLE FACE FREESTANDING MONUMENT SIGN. CABINET TO BE OF ALUMINUM OVER
ALUM. ANGLE FRAME. PRIME COAT & FINISH SIMULATED STUCCO TO MATCH BUILDING COLOR. COPY TO BE OF CAD
CUT, 1 /4" PLATE ALUMINUM, PRIME COATED & FINISHED BLACK ACRYLIC POLYURETHANE.
CABINET TO BE ILLUMINATED VIA, WASH LIGHTING FROM TOP & BOTTOM EMBELLISHMENTS. W/ FLUORESCENT TUBES.
COPY CdLOR BLACh POLYURETtiANt
SALES C CAPPELLA
DESIGNER C COOPER
TED DISk MAIN C N4V, 5
FULL PENT. & CONTINUOUS WELD
SUPPORT TO ANGLE SADDLES, TYt?
10.0'
CAISSON FOUNDATION ..I I 5" DIA. STEEL PIPE
I 1'-&
CABINET OF ALUMINUM OWR 1 112" X 112" X 3/16" urn IG
3'0
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SECTION MODULUS:
60X 50 X 3 X 12 = 3.60 SM REQ.D
30,000
!USE ONE (1) 5" DIA. STEEL PIPE, SM. OF 5.45 (OK)
______~-
CAISSON FOUNDATION
MOM-SIGN-3 (6x10') 30.25 L6 = 6005 FT L6S -
FT
MOM-FOOTER- 1.5 (1.5'X 3') 1066 LB = 7195.5 FT L65 - Ff
MAKE FOUNDATION 1'-5" DIA. X 3-0" DEEP (OK)
~ -- -~ .. -
THIS SIGN ENGINEERED
R€QUfR€MENTS
AS PEa F.B.C. L ASCE 7-98
DESIGN Xoo6525-E REGISTERED ENGINEER:
1 ii I 1-m'
A
*- *
---
A
BACKGROUND
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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/lnstitutional (PA) 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/lnstitutional (PA) 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.
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Date Prepared: January 4,2005
Resolution 16,2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed art for the Benjamin
Private High School located on the following described real property:
LEGAL DESCRIPTION:
THE BENJAMIN SCHOOL, AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH
135, IN THE OFFICIAL RECORD BOOKS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
I. Master PUD Site Plan SP-1 by Urban Design Studio, dated November 19,2004.
2. Landscape Plan Sheet 1 by Urban Design Studio, dated November 19,2004.
3. Benjamin High School Art in Public Places Preliminary Cost Estimate totaling
$258,180 dated, November 19,2004.
4. Photographic renderings of work of art entitled “Journeys” by John Raimondi,
dated November 19,2004.
SECTION 4. Said site plan approval shall comply with the following additional
condition, which shall be binding upon the applicant, its successors, assigns, andlor
grantees:
1. The applicant shall be responsible for maintenance of the proposed lighting and
the approved art in public places. (Planning & Zoning)
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant‘s agents at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: January 4,2005
Resolution 16, 2005
1 PASSED AND ADOPTED this 17"' day of &R~W ,2005. 2
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10 ATTEST:
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ARDENS, FLORIDA
T, --, --.-
..- , BY:
r at>rin. Mayor
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13 BY:
14 Patricia Snider, CMC .
15 City Clerk
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19 LEGAL SUFFICIENCY:
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APPROVED AS TO FORM AND
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VOTE: -- AYE NAY ABSENT
--- J
-- J -
MAYOR JABLlN
VICE MAYOR RUSSO 4--
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER DELGADO
/
/ d
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46 47 \U>bgsfile\Attorneybttorney-share\RESOLUTlONSbenjamin upper school - AlPP - reso 16 2005.d~
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:
I. 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’-”’-wide x 19’-6”-long cabanas and one 10’-wide x 21’4ong
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:
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.
Tala1 Benothman, AlCP
Planning and Zoning Director
cc: Bahareh Wolfs, Development Compliance Officer
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 Arnendment/ADMIN-04-77/Approval Itr
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CITY OF PALM BEACH GARDENS
10500 N. MILTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
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 IO’ 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)
0 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 .I Building #I - 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; A351 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,
Tala1 Benothman, AlCP
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/JHollornan/ Benjamin School Minor AmendmenUADMIN-03-63 Benj Schl aprvl Itr
3
Date Prepared February 5,2003
CITY OF PALM BEACH GARDENS, FlORIDA
ORDINANCE 4,2003
AN ORDINANCE OFTHE ClTY COUNCIL OFTHE 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) fiom 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 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 Publichstitutional @/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 Preparcd: February 5,2003
Ordinance 4.2003
WHEREAS, the City Council has determined the adoption of hs 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 tbe 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.
2.
3.
4.
5.
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)
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)
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 ofthe first
Certificate of Occupancy. (GIs Manager and Development Compliance)
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)
Condition No. 1 of Ordinance 30,2002, shall be amended to read, ‘‘W
Within six (61 months from the issuance of the clearing permit, the
2
Date Prepared: Fcbru;uy 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
Wnt a one-time three-month time extension Drovided a good faith effort is being made by
the aDplicant to install the rewired landscaping, inination, lightinn. and related amenities.
The liehtina plan. with an minimum intensity of 0.6 foot-candles and an average of 1 .O foot-
candle. for the meandering pedestrian sidewalk within the ureserve area shall be submitted
for approval by the Citv Engineer within 30 days of approval of the development order. The
liphting fixtures shall not exceed 12 feet in heinht. (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 pennit; 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.
2.
3.
4.
December 20,2002 Master PUD Site Plan, Urban Design Studio, sheets SP-1 - SP-4.
December 20,2002 Landscape Plans, Urban Design Studio, sheets 1 - 5.
December 20,2002, PUD Parkway Plan (sections and plan views), Urban Design Studio,
Section A-A.
June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio,
Sections C-C, and D-D.
Date Prepared: Febnriuy 5.2003
Ordinance 4,2003
5.
6.
7.
8.
April 4,2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets
Al.l .O through A 3.7.1,23 sheets.
December 20,2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets.
April 13,2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets.
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.
SECTlON 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.]
Date Prrpared: February 5.2003
Ordinance 4.2003
PASSED, FIRST READING this 16 a day of 3WURcrY, 2003.
PASSED, SECOND READING this bm day of mw ,2003.
PASSED, ADOPTED AND APPROVED this bm day of fBdT ,2003.
16 VICE MAYOR SABATELLO
..
. -.
.. :.- ’ VOTE.
MAYOR JABLIN
VTCE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCEMEMBER DELGADO
GM on Pbg ... NHollomadfoldcr Benjamin schooVPUD-02 05 Bcnj schl Ord.doc
I KEREBY CERTIFY that I have
approved this ORDINANCE
as to form. -4
LEONARD RUBIN, CITY ATTORNEY
AYE NAY ABSENT
5
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
PARTICULARLY DESCRIBED HEREIN, FROM PLANNED
DEVELOPMENT AREA (PDA) TO PUBLIC/INSTITUTIONAL
(P/I) 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.
UNNAMED FUTURE EAST-WEST ROAD AS MORE
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/lnstitutional (PA) 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.
1
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 PublicAnstitutional (PA) 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 buildinq permit, the applicant must
submit a letter from Northern Palm Beach County Improvement
District (NPBCID) that verifies the release of all tiedholdings 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 manaqement
plan consistent with section 117 of the Citv's LDRs. The
manaqement plan must be submitted bv the applicant and approval
bv the Citv Engineer prior to the first certificate of occupancy. (City
Engineer, Planning & Zoning)
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 bv the Citv Endneer. (City Engineer, Planning
and Zoning)
The build-out date of this project is December 31, 2004 as
referenced in their March IO, 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 analvsis. Enrollment shall be verified bv Citv staff. An
annual report indicating the number of students shall be submitted
to the Citv on or before December 31" of each year.
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 andlor 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)
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 Engipeer)
(9) The open spaceAandscape 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)
(1 1) Prior to issuance of the first buildinq permit, the petitioner shall
submit construction plan drawinqs that indicate a sidewalk alonq the
southern side of the East-West Road riqht-of-way, in accordance
with the LDRs.
SECTION 3. The following waivers are hereby granted with this
a p p rova I :
0 Section 76, to allow for a 53 foot high structure to exceed code
requirement by 8 feet.
0 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:
I.
2.
3.
Date Stamped November 29, 2000 Master Site Plan, Urban
Design Studio, Sheets SP-1 through SP-3.
September 7, 2000 Engineering and Landscape Plan, Urban
Design Studio, 1 Sheet.
October 3, 2000 Landscape Plans, Urban Design Studio,
4
Ordinance 30,2000
Date Prepared: December 8,2000
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13.
Sheets 1 through 6.
September 8, 2000 Plant List and Detail Sheet, Urban Design
Studio, 1 Sheet.
September 7,2000 PUD Parkway Plan, Urban Design Studio,
12 Sheets.
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.
August 9, 2000 Architectural Elevations, Schwab, Twitty and
Hanser, Sheet A-3.1.4.
July 6,2000 Sports Complex Lighting Design, Hubbell Lighting,
1 Sheet
October 2, 2000 Photometric Plan, AGI , 1 Sheet
October 6, 2000 Conceptual Drainage Plan, Scheaffer and
Fagan, 2 Sheets.
April 13,2000 Boundary and Topographic Survey, Benchmark
Surveying, 2 Sheets.
March IO, 1999 Traffic Impact Analysis, Kimley - Horn
Associates, 17 pages
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-.
J
Ordinance 30,2000
Date Prepared: December 8,2000
VIM AYOR &IC J~BLIN
COUNCILMC(N CARL SABATELLO
ATTZ$T BY: pm v
CAROL GOLU
INTERIM CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY%
CITY ATTORNEY
AYE NAY ABSENT VOTE:
/ MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO J J COUNCILMAN CLARK
/ COUNCILMAN SABATELLO
\\FILE-SRWCOMPROG\Short Range\pud0001 or1 .doc
/
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ORDINANCE 3,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 30, 2000
AND ORDINANCE 4, 2003 RELATING TO THE BENJAMIN
PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT
LOCATED AT THE NORTHWEST CORNER OF CENTRAL
BOULEVARD AND GRANDIFLORA ROAD TO TRANSFER THE
SITE PLAN APPROVAL AND RELATED WAIVERS AND
CONDITIONS TO A SEPARATE RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on December 21, 2000, the City Council adopted Ordinance 30,
2000 approving the Benjamin Private High School Planned Unit Development (PUD);
and
WHEREAS, on February 6, 2003, the City Council adopted Ordinance 4, 2003
approving 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; and
WHEREAS
were granted to
architectural plans
1
I
on June 17, 2004, and January 18, 2005, Administrative Approvals
allow minor modifications to the site plans, landscape plans,
and colors; and
WHEREAS, on February 17, 2005, the City Council adopted Resolution 16,
2005, which approved the artwork entitled “Journeys” by John Raimondi, and the
artwork is now located within the median of the entry way off Grandiflora Road; and
WHEREAS, the City has received a request (Petition MISC-07-10-000036) from
Urban Design Studio, on behalf of the Benjamin Private School, Inc., to amend
Ordinance 30, 2000 and Ordinance 4, 2003 to allow a monument sign to be located at
the northwest corner of Central Boulevard and Grandiflora Road within a Florida Power
& Light (FPL) easement; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is more appropriate that the site plan approval and the
waivers and conditions related thereto be transferred to Resolution 11 , 2008 of the City
Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: January 3, 2008
Date Prepared: January 3, 2008
Ordinance 3, 2008
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WHEREAS, the City Council has determined that adoption of this Ordinance is 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 that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 1 of Ordinance 30, 2000 is amended to read: 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 Grandiflora Road -, as more particularly
described herein, Incd h-d hu~
from Planned Development Area (PDA) to Publicllnstitutional (PA) with a
Planned Unit Development (PUD) overlay., in order to of a
I1 11 ..
1Q7 C71 The PUD will be known as “The
LEGAL DESCRIPTION:
PART OF TRACT “A” OF THE BENJAMIN SCHOOL PLANNED UNIT DEVELOPMENT
AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH 135, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. Sections 2, 3, and 4 of Ordinance 30, 2000 and Sections 3, 4, and
5 of Ordinance 4, 2003 are hereby transferred to Resolution 11 , 2008. The remaining
sections of Ordinance 30, 2000 and Ordinance 4, 2003 shall be renumbered
accordingly.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 3, 2008
Ordinance 3, 2008
PASSED this '7 ?? day of FtfbKu WV , 2008, upon first reading.
PASSED AND ADOPTED this day of , 2008, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
Glattorney-share\ORDlNANCES\Benjamin School Monument Sign - ord 3 2008.doc
AGAINST ABSENT
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Date Prepared: January 2, 2008
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RESOLUTION 11,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE BENJAMIN
PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT (PUD)
TO ALLOW A MONUMENT SIGN TO BE LOCATED AT THE
NORTHWEST CORNER OF CENTRAL BOULEVARD AND
GRANDIFLORA ROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 21, 2000, the City Council adopted Ordinance 30,
2000 approving the Benjamin Private High School Planned Unit Development (PUD);
and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, on February 17, 2005, the City Council adopted Resolution 16,
2005, which approved the artwork entitled “Journeys” by John Raimondi, and the
artwork is now located within the median of the entry way off Grandiflora Road; and
WHEREAS, the City has received a request (Petition MISC-07-10-000036) from
Urban Design Studio, on behalf of the Benjamin Private School, Inc., to allow an entry
monument sign to be located at the northwest corner of Central Boulevard and
Grandiflora Road; and
WHEREAS, the City has received an executed copy of a “Non-Disturbance
Agreement” between the Benjamin Private School, Inc. and Florida Power & Light
Company, which allows the monument sign to encroach into a five-foot-wide utility
easement; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on
November 27, 2007, and voted 7 - 0 to recommend APPROVAL to the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
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Date Prepared: January 2, 2008
Resolution 11, 2008
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
OF PALM BEACH GARDENS, FLORIDA that:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. An amendment to the Benjamin Private High School Planned Unit
Development (PUD) is hereby APPROVED to allow a monument sign to be located at
the northwest corner of Central Boulevard and Grandiflora Road on the following
described real property:
LEGAL DESC R I PTl ON :
PART OF TRACT “A OF THE BENJAMIN SCHOOL PLANNED UNIT DEVELOPMENT
AS RECORDED IN PLAT BOOK 102, PAGES 132 THROUGH 135, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
amends and approves the following waivers:
1.
2.
3.
4.
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6.
76, Section 78-144, Table 11, Pub/ic/lnstitufiona/~ to allow for a 53-
foot-high structure to exceed Code requirement by 8 feet.
Section 78-345(d)(I 1, Number of parking spaces rewired,
in excess of 10% required parking.
3R3 I p* T:@ Section 78-563, Lake maintenance
Zmiithres within the 25-foot lake maintenance
easement.
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 the issuance of a building permit.
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.
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.
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Date Prepared: January 2, 2008
Resolution 11, 2008
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7. Section 78-285, Table 24, Ground sign, to allow a 3.5-foot setback from the
road right-of-wav.
SECTION 4. The following conditions are hereby included and shall be the
responsibility of the Applicant, its successors, or assigns:
- 12. Prior to the issuance of the Certificate of Occupancy, all exotic vegetation
shall be removed from the site. (City Forester) SATISFIED
- 23. Prior to the issuance of the first building permit, the Applicant must submit a
letter from Northern Palm Beach County Improvement District (NPBCID)
that verifies the release of all tieslholdings that 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 11 7 of the
City’s LDRs. The management plan must be submitted by the Applicant
and approved by the City Engineer prior to the first Certificate of
Occupancy. (City Engineer, Planning & Zoning) SATISFIED
- 34. 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 & Zoning) SATISFIED
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Date Prepared: January 2,2008
Resolution 11, 2008
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- 45.
- 56.
- 67.
- 78.
- 89.
The build-out date of this project is December 31, 2004, as referenced in
their March IO, 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
the square footage approved by this Ordinance is completed. (Planning &
Zoning)
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.
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%
or 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) SATISFIED
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
submit all legal documents pertaining to ownership and maintenance of the
property to the City for review by the City- Attornev and the
City Forester. (Planning & Zoning, City Engineer) SATISFIED
The open space/landscape maintenance and environmental preserve
management plan shall be found sufficient by the City Forester prior to final
approval of the construction drawings or commencement of the 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 &
Zoning) SATlSFl ED
- 918. 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)
SAT1 S F I ED
101. Prior to the issuance of the first building permit, the Applicant 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. (City
Engineer) SAT1 S F I ED
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Date Prepared: January 2,2008
Resolution 11, 2008
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112. Prior to the 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)
SAT I S F I E D
123. 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) SATISFIED
134. Required digital files of the approved plat in its entirety transformed to NAD
83 State Plan Coordinate System shall be submitted to the Planning and
Zoning Division prior to the 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 the issuance of the
first Certificate of Occupancy. (GIs Manager, Development Compliance)
SAT1 S F I E D
135. 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) ON GOING
.. 156. -. 1 sf- 30,20e : Within six
(6) months from the issuance of the clearing permit, 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 the subject site, that they bear the proportionate
share of the cost of the continued maintenance thereof. SATISFIED
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. ONGOING
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Date Prepared: January 2,2008
Resolution 11, 2008
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The exact location of the irrigation lines and electrical sleeving shall be
determined at the 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 a 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) SATISFIED
17 nf n m Tnnn v "VI LWVV
SECTION 5. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
1 n r3Q 3 I Ir I L", L I "1
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- 12. September 7, 2000, Engineering and Landscape Plan, Urban Design
Studio, 1 Sheet.
- 23. October 3, 2000, Landscape Plans, Urban Design Studio, Sheets 1 through
6.
- 34. September 8, 2000, Plant List and Detail Sheet, Urban Design Studio, 1
Sheet.
- 45. September 7, 2000, PUD Parkway Plan, Urban Design Studio, 12 Sheets.
- 56. April 5, 2000, Architectural Elevations and Plans, Schwab, Twitty, and
Hanser, Sheets A-I. 1.1 through A-3.1.3 and A-3.1.5.
- 67. August 9, 2000, Architectural Elevations, Schwab, Twitty, and Hanser,
Sheet A-3.1.4.
- 78. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet.
- 89. October 2, 2000, Photometric Plan, AGI, 1 Sheet.
- 91Q. October 6, 2000, Conceptual Drainage Plan, Scheaffer and Fagan, 2
Sheets.
1 e+. April 13, 2000, Boundary and Topographic Survey, Benchmark Surveying, 2
Sheets.
Date Prepared: January 2,2008
Resolution 11, 2008
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112. March IO, 1999, Traffic Impact Analysis, Kimley-Horn Associates, 17
pages.
123. March, 1999, Environmental Assessment, E.W. Consultants, 16 pages.
I Ir
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135. December 20, 2002, Landscape Plans, Urban Design Studio, sheets 1 - 5.
136. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban
Design Studio, Section A-A.
157. June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design
Studio, Sections C-C, and D-D.
158. April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and
Hanser, Sheets AI .I .O through A 3.7.1 , 23 sheets.
179. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets.
- 1823. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2
sheets.
- 19.24. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets.
20. Master PUD Site Plan SP-1, SP-2, and SP-3. bv Urban Design Studio,
dated October IO, 2007, and received by the Citv on October 12, 2007.
21. Ground Sign Landscape Plan and Proposed Ground Sign Location
photographs, 2 sheets, dated October 10, 2007, bv Urban Design Studio.
22. Monument Sign Color Renderings dated November 5, 2007, bv Urban
Design Studio and Design Proposal dated October 9, 2007, bv Ferrin Signs,
3 sheets.
23. Monument Sign Safe Sight Triangle drawing, dated November 9, 2007, by
Urban Design Studio.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
7
Date Prepared: January 2, 2008
Resolution 11, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
PV.
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JABLIN
VALECHE
BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlON.S\Benjamin School monument sign - reso 1 1 2008.doc
8
City of Palm Beach Gardens
Council Agenda
March 6,2008
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
/Mayor Russo
/Vice Mayor Levy
7:06 Council Member Jablin
/Council Member Valeche
4ouncil Member Barnett
I.
II.
III.
Iv
V.
VI.
VIL
m.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 6,2008
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARDKOMMHTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: mor Items Not on the APenda, Dlease submit
request form to the Citv Clerk Drior to this Item)
CONSENT AGENDA:
a.
b.
C.
d
e.
fStaff Reaort on Pape 4, Resolution on Pape 6) Resolution 15, 2008 - Local
Agency Certification Qualification Agreement. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Local Agency
Certification Qualification Agreement with the State of Florida Department of
Transportation; and providing an effective date.
fStaff Report on Page 10. Resolution on Page 13) Resolution 16,2008 - Traffic
Control Jurisdiction Agreement. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement for Traffic Control
Jurisdiction betweem the City of Palm Beach Gardens and the Evergrene Master
Association, Inc.; and providing an effective date.
JPage 18) Proclamation - Water for Our Children Day.
-19aproclamation - Red Cross Month.
JPaPe 20) Proclamation - Women’s History Month.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
Pape 21, Ordinance on Page 65, Resolution on ' - (2nd reading and adoption) Benjamin Private Hi@ :e 68)
khool
riannea unit uevelopment. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 30, 2000 and Ordinance 4, 2003
relating to the Benjamin Private High School Planned Unit Development located
at the Northwest comer of Central Boulevard and Grandiflora Road to transfer the
and mvidinp: an effective date.
site ph approval and related waivers 2nd rnnditinnc tn a cepmte Rpdiitinn.
[Staff Report I
tion 11,200g is a companion item to Ordinance 3,2008
and will require council action
Re 11,2008 - Benjamin Private High School Planned Unit Development.
A Resttb of the City Council ofthe City of Palm Beach Gardens, Florida,
anrending &e Benjamin Private High School Planned Unit Development (PUD) to
allow a ammanat sign to be located at the Noathwest corner of Central
waivers; providing conditions of approval; and providing an effective dat
-- BotrERvaE.ddm - Rdasmoremarb-herein;] viding
Part II - Non-Ouasi-judicial
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XU. ITEMS FOR COUNCIL ACTIONABISCUSSION:
XIII. CITY ATTORNEY REPORT
XIV. ADJOURNMENT
PLEASE TA&E NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision macie by the C&y Council with respect to any mufter considered at this public
hearing, such intereedpmns will need a record of the pmedngs and may need to ensure
that a verbatim record is made, inchding the testimony and evidence upon whkh the appeal is
to be based
In accordance w-th the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities meding special accommodah * ns in or& io pd'cipaie in this
proceeding are entitkd to thepnnkion of certain assistance at no cost please call the City
Clerk's Office at 561- 799-4122 no Jater than 5 &ys prior to the hearing if this assistance is
required For hearing impaired &ance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE)).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
March 6,2008
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo 1
Vice Mayor Levy 1
I/’ 7[0 6 CouncilMember Jablin $rp: ( 1
Council Member Valeche r/
J Council Member Barnett
I.
11.
111.
IV
V.
VI.
VII.
VIII.
7:3r
r
i kl
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 6,2008
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda. Dlease submit
request form to the Citv Clerk Drior to this Item)
CONSENT AGENDA:
a. .. )Resolution 15, 2008 - Local
Agency Certification Qualification Agreement. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving a Local Agency
Certification Qualification Agreement with the State of Florida Department of
Transportation; and providing an effective date.
/Staff Rtwrt on Pane 1 0. Resolution on Page 131 Resolution 16, 2008 - Traffic
Control Jurisdiction Agreement. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an Agreement for Traffic Control
Jurisdiction between the City of Palm Beach Gardens and the Evergrene Master
Association, Inc.; and providing an effective date.
-Proclamation - Water for Our Children Day.
b.
v
d. 191 Proclamation - Red Cross Month.
e. -Proclamation - Women’s History Month.
IX.
f
.. a. g
Planned Unit Development. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 30, 2000 and Ordinance 4, 2003
relating to the Benjamin Private High School Planned Unit Development located
at the Northwest comer of Central Boulevard and Grandiflora Road to transfer the
site plan approval and related waivers and conditions to a separate Resolution;
and providing an effective date.
co
Resolution 11,2008 is a companion item to Ordinance 3,2008
and will require council action.
Resolution 11, 2008 - Benjamin Private High School Planned Unit Development.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
amending the Benjamin Private High School Planned Unit Development (PUD) to
allow a monument sign to be located at the Northwest comer of Central
Boulevard and Grandiflora Road, as more particularly described herein; providing
waivers; providing conditions of approval; and providing an effective date.
X. RESOLUTIONS:
XI
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
ORDINANCES: (For Consideration on First Reading)
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Address: 7/ 5 H 0 95m 2)14). DR
City: PB6
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Address:
City: W
.c-
Subject:
Members of the public may address the City Council during the ‘‘Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the cLComments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
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CITY OF PALM BEACH GARDENS
PALM BEACH GARDENS, FLORIDA
WHEREAS, a ready supply of affordable, potable water is essential to our quality of life; and
WHEREAS, the Everglades provides a critical source of fresh water to many South
Floridians because it recharges the aquifer that we draw drinking water from; and
WHEREAS, the Everglades has come under threat from pollution, development, South
Florida's fast-growing population, the introduction of exotic species and, more recently,
record-setting droughts; and
WHEREAS, these circumstances could lead to water shortages that would limit the access of
future generations of Floridians to an adequate supply of potable, affordable water; and
WHEREAS, creative, real-world solutions are needed to combat this trend; and,
WHEREAS, Betsy Damon, founder of Keepers of the Waters, is a world-renown Eco-artist
whose work has long been praised for providing innovative, comprehensive water-use
solutions; and,
WHEREAS, Betsy Damon is scheduled to visit the Palm Beach area on Friday, March 7,
2008 when she will be the Keynote Speaker at the Arthur R. Marshall Foundation's Tenth
Annual Luncheon;
NOW THERERFORE, I, Joseph R. Russo, by the authority vested in me as Mayor of the
City of Palm Beach Gardens do hereby proclaim March 7, 2008 to be
Water for Our Children Day
in the City of Palm Beach Gardens, and urge all citizens to observe this day by practicing water
conservation in homes and businesses on both a large and small scale.
Attest:
IN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Seal of the City of Palm Beach
Gardens, Florida, to be affzxed on
this 61h day of March in the Year of
our Lord, Two I; u nd "ght
CITYOFPALMBEACHGARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
Declaring the month of March as Women's History Month
WHEREAS, Women of every race, economic class and ethnic background have
made countless recorded and unrecorded historic contributions to the City of Palm Beach
Gardens, the state of Florida, our nation and the global community; and
WHEREAS, these contributions have been critical to the growth and development
of our City in economic matters, cultural artistic achievements, social advancement,
quality of life and all areas of accomplishment; and
WHEREAS, despite the innumerable contributions women have and continue to
make, too little is known or taught about the significant impact women have made to our
collective national history; and.
WHEREAS, American women have been leaders, not only in securing their own rights of
suffrage and equal opportunity, but also in the abolitionist movement, the emancipation
movement, the industrial labor movement, the civil rights movement, and other
movements, especially the peace movement, which create a more fair and just society for
all; and
WHEREAS, American women of every race, class, and ethnic background served
as early leaders in the forefront of every major progressive social change movement; and
WHEREAS, the women of the GFWC Palm Beach Gardens Woman's Club h ave
been particularly important in the establishment of early charitable, philanthropic and
cultural events in the City of Palm Beach Gardens:
NOW, THEREFORE, I, Joseph R . Russo, by virtue of the authority vested in me as
Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of
March, 2008 as
Women's History Month
Att~
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREOF, I have here unto set m y
hand and cause d the S e al of the City of Palm Beac h
Gardens, Florida to be aff!Xe d on this 6 th day of
March in the Y, r d, T Thous and Eight
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, for more than a century the American Red Cross has been
at the forefront of helping Americans prevent, prepare for and respond to large and small
disasters; and
WHEREAS, each year during the month of March we formally recognize
the American Red Cross and its essential humanitarian role in our community. We honor
the role of the Greater Palm Beach Area Chapter 's contributions to making Palm Beach
County a better place; and
WHEREAS, in the past year alone, the Greater Palm Beach Area
Chapter responded to 195 local emergencies, assisted 187 military families. Red Cross
volunteers are the core of the Red Cross, donating their time and energy to selflessly
serve those in need; and
WHEREAS, this year we dedicate a day to our faithful volunteers; our
hometown heroes. On Hometown Heroes Day, we celebrate and acknowledge the
contributions of the many heroes in Palm Beach County.
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the
month of March 2008 as American Red Cross Month and March 181 as Hometown Heroes
Day. I urge all Americans to continue to give time and money to make a difference.
Attest:
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm Beach
Gardens, Flori to be affixed on this fl' day of
March, Two igh