Benjamin Rezoning JS-REV 06-29-11
The Benjamin School
Urban Planning and Design
Justification Statement
Landscape Architecture
Communication Graphics
Rezoning and Site Plan
Revised February 15, 2011
Revised March 16, 2012
Revised June 29, 2012
Request
On behalf of the applicant and property owner, The Benjamin School, Inc., Urban
Design Kilday Studios, as agent, is pleased to submit this request for a rezoning from
the three zoning districts of C-1, C-1A and R-2 to Planned Unit Development (PUD) with
an underlying C-1 classification for the Property’s 14.38 acres. The request will create a
unified zoning district consistent with the Commercial Future Land Use Designation
amendment that accompanies this application for development purposes. This request
also seeks approval of the Site Plan. The Site Plan supersedes the previous site plans
approved by the Village and will include the entire Property; whereas, previous site
plans did not due to the piecemeal expansion of the private school use that has
occurred over the years.
Location
The Property is located north of Carolinda Drive, west of U.S. Highway 1 (US1), north of
McLaren Road and east of Ellison Wilson Road. This area of the Village, east of Ellison
Wilson Road, is non-residential in nature. The surrounding uses and the compatibility
with the proposed commercial land use designation with same will be discussed in
greater detail later in this Justification Statement. Please see the Surrounding Use
Table that accompanies this application for details regarding the surrounding uses. Two
aerials accompany the application materials depicting the Property’s location and its
existing and proposed land use designation and zoning in relation to its surrounding
uses.
477 S. Rosemary Avenue
Suite 225 - The Lofts at CityPlace
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.udkstudios.com
LCC000035
The area of the Property that is the subject of this request includes the following
parcels:
No. PCN Street Address FLU Zoning
1 * 68-43-42-04-10-008-0030 1901 McLaren Road Commercial C-1A, R-2
2 * 68-43-42-04-10-008-0045 1879 McLaren Road Commercial C-1
3 * 68-43-42-04-18-001-0000 11086 Ellison Wilson Road Commercial R-2
4
68-43-42-04-00-008-0050 11079 US Highway 1 Commercial C-1
5 68-43-42-04-10-008-0066 11141 US Highway 1 Commercial C-1
6* 68-43-42-04-10-008-0069 Carolinda Drive Commercial R-2
* Denotes those parcels that are the subject of a separate future land use amendment to change the
existing Educational or Public designation to the Commercial Future Land Use Designation.
As noted on the above chart, Parcels 2, 4, and 5 are currently zoned C-1. As such, only
Parcels 1, 3 and 6 are required to be rezoned to the underlying C-1 zoning district as
part of this request.
The Property is located in Future Land Use Planning Area 2 of the Village’s
Comprehensive Plan on FLUA Map 2. The Property is not subject to any special
planning or special policy area in the Comprehensive Plan. Approval of this request will
result in a uniform zoning district for the Property. Moreover, the Property has
increased in land area and additional facilities annexed and constructed over time within
both unincorporated Palm Beach County and the Village. This evolution of
development has created some non-conformities in regard to specific Village property
development regulations and existing zoning district classifications. For example, the
R-2 Zoning District does not permit a private school yet part of the Property has been
classified as R-2 for a number of years. Via the concurrent approval of the land use re-
designation for Parcels 1, 2, 3 and 6 to the Commercial Future Land Use Designation
and this approval of a rezoning application to C-1 / Commercial PUD, the existing
development will be deemed conforming in this regard and the Property will have the
ability to expand on its existing site. This rezoning and site plan application will allow for
the construction of an accessory use, a new 10,000 square maintenance facility, for the
private school in compliance with the .35 FAR allowed by the Commercial Future Land
Use Designation.
Project History
Parcel 1
The Property began its use in the Village with a land area located at the northeast
corner of Ellison Wilson Road and Monet Road (now known as McLaren Road). That
land area is now part of the larger Parcel 1 listed in the above table. The Village’s Land
Use Plan included in its Comprehensive Plan Summary dated June 1979 depicted that
initial portion of the Property with the Commercial Future Land Use Designation. The
Existing Land Use section of the Land Use Element on page 4 of the aforementioned
Comprehensive Plan Summary states:
Rezoning and Site Plan 2 Revised June 29, 2012
Justification Statement
“The pattern of commercial land use in North Palm Beach is similar to other
communities located along the coastal ridge wherein commercial development has
gravitated to the two main arteries within the village and has characteristically
established two distinct commercial areas.”
The 1979 Land Use Plan depicted a pattern of commercial land use that is located at
and within proximity to US1, a main artery, as well as depicted the establishment of a
commercial area occurring at the Property and its surrounding uses. A corresponding
zoning district of C1-A, depicted in a 1988 Village Official Zoning Map, demonstrated
the parcel’s zoning consistency with its Commercial Future Land Use Designation.
Parcel 2
The Village subsequently annexed an adjacent parcel, referred to as Parcel 2 in the
above table, with frontage onto McLaren Road via Ordinance No. 1-84 and amended
the zoning district from Palm Beach County RH to the Village’s C-1 Zoning District via
Ordinance No. 8-84. A thorough research of the project file contained at the Village did
not indicate the future land use designation assigned to the parcel. However, the C-1
Zoning district assigned also supports the designation of the land area to Commercial.
The adoption of the Village’s 1989 Comprehensive Plan classified a portion of Parcel1
and all of Parcel 2 as Educational Future Land Use to reflect the use on the parcels at
the time. Despite the inconsistency with the Educational FLU, the commercial zoning
districts were not reclassified since a private school is a permitted use in both the C-1
and C-1A Zoning Districts. The Comprehensive Plan later designated sites along US1
as Commercial. The Property’s Commercial Future Land Use Designation for Parcels 4
and 5 (see discussion below) and corresponding C-1 Zoning District Classification
indicates an implementation of the Village Character Statement regarding the location of
commercial activities of which this application is consistent with and furthers through a
uniform zoning district classification of C-1 / PUD for the entire Property.
Parcel 3
The Village approved via Ordinance No. 19-92 annexation of 7.48 acres and
subsequently zoned it to the Village’s R-2 Multi-Family Zoning District (the site was
previously zoned RH in Palm Beach County) and designated it as Educational Future
Land Use. Of that acreage, 4.86 acres contained part of the built use that was
previously the subject of a Palm Beach County site plan. According to Staff
correspondence dated August 24, 1992, the request for R-2 would “clear up a potential
non-conforming setback situation on two of the buildings…”. Of the acreage, .86-acres
located on the south side of Carolinda Drive was previously owned by Seacoast Utilities
and leased by the Village’s utility. That site was later acquired by the Applicant /
Property Owner post-annexation and rezoning and redeveloped to become part of the
existing use. Note that the existing R-2 Zoning District classification does not permit a
private school use, thus, creating an inconsistency between the existing Educational
Future Land Use and the zoning district. That inconsistency is further exacerbated by
the Village Character Statement that previously and currently identifies commercial
activities occurring along the US1 corridor of which this rezoning application to C-1 /
PUD is consistent with and facilitates.
Rezoning and Site Plan 3 Revised June 29, 2012
Justification Statement
Although not part of the aforementioned annexation but part of the land area that
comprises Parcel 3, the Village rezoned approximately .5 +/- acre of the Property
fronting McLaren Road from R-2 Multiple Family Dwelling District to C-1A Limited
Commercial via Ordinance 22-99.
Also part of the land area that today comprises Parcel 3, the Village rezoned
approximately .53 acre of the Property fronting McLaren Road at the southeast corner
of the Property from C-1 Neighborhood Commercial to C-1A Limited Commercial
District via Ordinance 21-99. According to the Request for Council Action, the rezoning
was required by the Public Services Department prior to the issuance of a building
permit for a proposed classroom building that straddled two different zoning districts.
Parcel 4
The Comprehensive Plan designates this parcel as Commercial. The Village approved
annexation of 11079 U.S. Highway 1 on February 9, 1995 via Ordinance No. 03-95 of
approximately 1.5 acres. According to the Staff Request for Council Action, all
commercial property fronting U.S. Highway 1 north of the Parker Bridge was zoned C-1
at the time. The Village approved rezoning of the parcel on February 9, 1995 via
Ordinance No. 04-95 from the Palm Beach County Zoning District of Commercial
General (CG) to the Village C-1 District.
With the exception of the Village owned property to the north of Carolinda Drive, all of
this Property is adjacent to existing commercially zoned properties to the north, east
and south.
Parcel 5
Although no information was found in the Village file regarding this parcel’s zoning
history, the parcel fronts US1, is designated as Commercial Future Land Use and zoned
C-1. Similar to the above parcels, the parcel is adjacent to existing commercially zoned
properties to the north, east and south.
Parcel 6
This is the land area currently under the Village’s ownership. The history of this area
includes the purchase by the applicant in 1986 and the subsequent sale to the Village
on November 18, 2005. At the time of this last transfer, the Village had desired the
property for the future use of a public safety facility. However, the Village has since
made the determination that such a facility will not be constructed on the property and
determined it to be classified as surplus. The school submitted a Letter of Intent to
purchase the property, as well as the abandoned right of way to the south, which was
approved by the Village Council on February 12, 2012, via Resolution 2012-15. The
contract to purchase, being prepared by the school, provides for the requested land use
plan and rezoning applications to be filed by the applicant.
Rezoning and Site Plan 4 Revised June 29, 2012
Justification Statement
PUD
A review of the Village file regarding the Property has yielded correspondence
evidencing discussion to rezone the Property (or its portions annexed into the Village at
the time) to PUD. Charles O’Meilia, Village Public Works Director, and Herbert Gildan,
Village Attorney, exchanged written correspondence in October 1987 regarding the
private school’s annexation. Mr. Meilia stated “The concern is that upon annexation, the
property would be non-conforming and would be restricted in the future from expanding,
etc.” and inquired of the Village Attorney “…could the property be re-zoned as an
existing PUD and then have the PUD plan modified in the future as they expand?” Mr.
Gildan replied that the property could be rezoned to a commercial PUD. Since the PUD
related correspondence occurred twenty-three years ago, the Property has increased in
land area and square footage to the point that its built floor area ratio (FAR) for Parcels
1 through 3 has exceeded the .15 FAR maximum allowed by the existing Educational
Future Land Use Designation. The concurrent Future Land Use and Map Amendment
seeks a change in the land use designation for Parcels 1 – 3, as well as Parcel 6, to the
Commercial Future Land Use Designation, which is consistent with the Commercial
FLU already designated at Parcels 4 and 5, as well as consistent with properties to the
north, east and south. The Commercial FLU allows a maximum FAR of .35. Thus, this
rezoning request for C – 1 / PUD is two-fold: (1) make conforming the built non-
conformities that have occurred throughout the years, and (2) facilitate the use’s
expansion for the proposed 10,000 square foot maintenance facility at the site north of
Carolinda Drive (see the Affected Area depicted in the Site Plan that accompanies this
application) in conformity with current land development regulations.
In sum, rezoning the Property to the C-1 Zoning District / PUD will facilitate the Village
Character Statement, Goal, Objectives and Policies of the Comprehensive Plan.
Uses
R-2
The R-2 Multiple-Family Dwelling District permits any use in the R-1 Single-Family
Dwelling District. The R-1 District permits public schools, but not private schools, the
latter of which is the subject of this application and has been occurring on the Property
for several years. In other words, the private school use is not permitted in the R-2
Zoning District and is emblematic of an inconsistency in use and the zoning district
classification which this rezoning application seeks to correct. Neither the
Comprehensive Plan nor Code contains a table or regulation corresponding zoning
districts with future land use categories. Nonetheless, it can be inferred that the existing
R-2 Zoning District hinders the Property’s compatibility with any future land use
designation other than residential. In the case of this project with an operating private
school use occurring on those areas of the Property designated as R-2, the zoning
district is not compatible with the existing Educational FLU. A separate land use plan
amendment accompanies this rezoning application to change the Educational FLU (as
well as the Public FLU on the Village lot) to Commercial. In the event of a natural
disaster that caused damage to the built environment zoned as R-2, the Applicant /
Property Owner could not rebuild the private school use because it is non-conforming
and not permitted in the R-2 Zoning District. Moreover, the land area of the Property
Rezoning and Site Plan 5 Revised June 29, 2012
Justification Statement
that the Applicant / Property Owners seeks to build a 10,000 square foot maintenance
facility, an accessory to the private school use, is zoned R-2. The additional square
footage cannot occur due to the Property exceeding the Educational FAR of .15 and
because of the R-2 zoning that does not permit a private school use, and consequently
its accessory uses, on the land area. Thus, the rezoning to C-1 / PUD will make
existing non-conformities, such as the private school use, conforming to the zoning
district and will be compatible with the proposed Commercial FLU.
C1-A
The C1-A Limited Commercial District permits private schools and offices providing
architectural and structural harmony with the spirit of the community. In the case of this
project, the existing use includes accessory office space for administration and meeting
space ancillary to the primary private school use. The rezoning to C – 1 / PUD will
permit the existing primary and accessory uses to continue and provide for a uniform
underlying zoning district.
C-1
The C-1 Neighborhood Commercial District permits any use in the C-1A Limited
Commercial District, such as private schools. The rezoning to C-1 / PUD will continue
to allow the existing primary and accessory uses. The C-1 Zoning District is the
requested underlying zoning classification for purposes of adding square footage to the
Property. According to Section 45-33 of the Code, the general description of C-1 "is
established to provide that the principal use of land is devoted to neighborhood and
transient uses and to encourage the development of these locations for such uses and
in such manner as to minimize congestion and interference with other land uses." A
private school is provided as the principal use of land with accessory uses, devoted to
community uses and minimizes interference with other land uses. The properties to the
north, east, and south of the Property are designated as Commercial Future Land Use
and zoned C-1. The Village Character Statement in its Comprehensive Plan has
envisioned the use of commercial activity occurring at US1. Thus, the proposed,
underlying C-1 Zoning District facilitates the Village's character for commercial as a
private school that does not conflict with other land use activities or zoning.
Note that Section 45-33.C regarding the building and floor area regulations of the C-1
Zoning District limits an individual retail business or commercial use to 50,000 square
feet on the first floor. (This regulation does not apply to grocery stores, food stores or
religious or religious-related uses.) In other words, the C-1 building and floor area
regulation prohibits “big-box” development from occurring at the Property. This is
already the case today specifically at Parcels 2, 4 and 5 of the Property due to the
existing C-1 Zoning District classification and would continue to be the case with the
rezoning to C-1 / PUD. A rezoning classification to C-1 would apply the 50,000 square
foot limitation for a single building to the entire Property. The C-1 building and floor
area regulation differs from the C-1A Zoning District, per Section 45-32.B that states
that no main building shall occupy more than 35% of the site area. In the case of this
Property and a rezoning to C-1A instead of C-1, a main building could reach 219,300
Rezoning and Site Plan 6 Revised June 29, 2012
Justification Statement
square feet. Thus, the building and floor area regulation stipulated in the C-1 Zoning
District is conducive to the Property and its surrounding uses and activities.
Although an adult entertainment establishment is a permitted use in the C-1 and C-2
zoning districts, Section 45-20(4) prohibits the use from occurring when, among other
separation distances, it is within 200 feet of an area zoned and designated as
residential or prohibits the use from occurring within 1,000 feet of a religious institution.
An area southwest of the Property is zoned and designated for residential use. A
religious institution is located within 1,000 feet from the Property, to the east. These two
separation distances prohibit an adult entertainment use from occurring at the Property.
The entire Property’s existing built square footage is 152,310 for an FAR of .24. The
addition of a new 10,000 square foot maintenance facility in the Affected Area depicted
on the Site Plan would increase the total built square footage to 162,310 for an FAR of
.25 on the entire Property. The total existing and proposed FARs would be consistent
with the C-1 Zoning District and Commercial Future Land Use Designation.
PUD
The requested Planned Unit Development (PUD) classification will enable the private
school and accessory uses within the C-1 Zoning District to continue to be allowed at
the Property. Per Section 45-35.1 of the Code, the PUD statement of intent is as
follows:
The intent of this section is to provide, in the case of a commercial planned unit
development consisting of two and one-half (2.5) or more acres and in the case
of a commercial planned unit development consisting of 1.0 or more acres that
has an underlying zoning of C-1A District, and in the case of a residential
planned unit development of five (5) or more acres, an added degree of flexibility
in the placement and interrelationship of the buildings and uses within the
planned unit development, together with the implementation of new design
concepts. At the same time the intensity of land use, density of population and
amounts of light, air access and required open space will be maintained for the
zoning district in which the proposed project is to be located. The village council
hereby determines that the regulations pertaining to intensity of land use, density
of population and required open space are the minimum requirements for the
protection and promotion of the public health, safety and general welfare.
Nothing herein should be construed as allowing deviation for uses other than
those specified as permitted uses, nor any greater density of population nor any
less required open space than that which is specified in this chapter for the
zoning district in which a proposed project is to be located.
This project meets and exceeds the minimum 2.5 acre requirement. This request will
extinguish the two other zoning districts: C1-A and R-2. The latter zoning district was
previously described to be inconsistent with the proposed Commercial Future Land Use
Designation and demonstrated that the private school use is not a permitted use in the
R-2 Zoning District per the Code. In the event of a natural disaster that caused damage
Rezoning and Site Plan 7 Revised June 29, 2012
Justification Statement
to the built environment zoned as R-2, the Applicant / Property Owner could not rebuild
the private school use because it is non-conforming and not permitted in the R-2 Zoning
District.
The PUD classification will provide the private school use with flexibility in the
placement and interrelationship of its buildings. The land use intensity, proposed at a
maximum of .35 FAR per the Commercial Future Land Use Designation, will be
maintained within the C-1 / PUD zoning classification. Additionally, the private school
use is not a deviation of use since it is a permitted use in the C-1 Zoning District.
The rezoning to C-1 / PUD will facilitate a master site plan under a unified zoning
classification. This has not occurred at the Property to date. The rezoning will result in
a logical development pattern, particularly in regards to making the non-conforming use
and structures conforming and allowing for an expansion of square footage. The
rezoning to PUD will enable a more efficient site plan compared to the other two zoning
districts that do not promote an interrelationship among buildings. The private school
use relies on an interrelationship of buildings throughout the Property.
Affected Areas
The main Affected Area of the Site Plan that is proposed for development at this time is
the land area located north of the previously abandoned Carolinda Drive. This area is
depicted on the proposed Site Plan with a heavy dashed line and labeled as “Affected
Area”. The Applicant / Property Owner proposes to develop this land area with a
10,000 square foot maintenance shed / facility inclusive of ancillary office space of
2,000 square feet with 82 parking spaces. The land is currently utilized for parking
serving the principal private school use. Parking will continue to be provided at the
Affected Area.
The use currently contains a maintenance area at the rear of its US1 Classroom
Building No. 10. The maintenance area would be re-located to the northern edge of the
Property, which would allow for other principal-related uses to occur at the US1
building. The main Affected Area backs to the rear of an established shopping center's
rear and is separated by a wall. Given the C-1 Zoning District classified to the shopping
center, no conflict with the proposed accessory use exists.
Per Section 45-33, the parking provided at the main Affected Area is one (1) space
per 300 square feet of office space at the maintenance facility. The maintenance facility
includes 2,000 square feet of office space. The parking calculation was confirmed with
Village Staff. This results in seven (7) required parking spaces of which 1 space is
handicap accessible. A total of eighty-three (82) parking spaces are provided in the site
design for this area. This allows for 214 parking spaces to be provided on the site,
where 212 are required by code. The construction of these additional spaces makes
the provided parking now conforming with code, on land area completely under the
control of the applicant. This is exclusive of the parking spaces provided and proposed
within the McLaren Road right of way and the parking spaces currently available to the
School under a private agreement at Crystal Tree Plaza. Due to the actual historic
Rezoning and Site Plan 8 Revised June 29, 2012
Justification Statement
parking needs of the School, discussions have taken place with Village staff in regard to
the potential for the existing and proposed parking spaces on the north side of McLaren
Road to be allowed via a license agreement. A 60’ x 20’ loading area is also now
depicted south of the proposed new Maintenance Building.
In addition, four (4) other areas are depicted as an Affected Area: the two (2) proposed
gates on Carolinda Drive, and nine (9) additional pervious faculty parking spaces at the
western portion of the site on McLaren Road. A fence/gate is also depicted as existing
which was added for added security at the Property’s southern property line abutting the
FPL site.
Gates are proposed at the Affected Area of the Site Plan for the western and eastern
area of Carolinda Drive right-of-way (ROW) that is privately owned by the Applicant /
Property Owner. Resolution 104-2005 abandoned and vacated a portion of Carolinda
Drive ROW, which is now incorporated into the fee simple land area for the Property.
The Applicant / Property Owner granted an easement deed via Official Record Book
19575 Page 1857 (please see the Survey and Site Plan regarding this easement deed)
to the Village to access Carolinda Drive for emergency purposes. Similarly, the Village
granted the Applicant an easement deed via Official Record Book 19575 Page 1853 to
the Applicant to permit the latter to access a gate at the western edge of the
aforementioned section of Carolinda Drive ROW. The gates have not been installed;
however, the Applicant / Property Owner proposes to install gates at its expense at the
western and eastern edges of its privately owned Carolinda Drive ROW as depicted in
the Site Plan. The gates would serve as a traffic circulation control and security
mechanism by streamlining parking, deliveries, and picks ups and drop offs occurring at
Carolinda Drive. The gates would discourage pass-through traffic traversing to/from
Ellison Wilson Road to/from US1 via Carolinda Drive. The gates will allow for a more
controlled pick up and drop off traffic circulation pattern during the busiest times of the
school day. The gates would also aid in securing the use’s operational and
technological equipment to be housed at the maintenance facility, as well as delineate a
central point for equipment deliveries. Knox boxes will be provided for emergency
access by the Village service providers and the easements amended if necessary. It is
understood that the aforementioned easements may need to be amended to
accommodate the location of the gate further to the east, as depicted on the proposed
site plan.
The Affected Area which proposes the nine (9) additional, angled pervious parking
spaces as depicted on the Site Plan that accompanies this submittal. The angled
parking allows for ingress from McLaren Road and egress via Ellison Wilson Road.
Angled parking is consistent with the Village staff meeting held January 31, 2011. The
parking spaces are planned to remain pervious as a continuation of the existing
pervious condition occurring along the north side of the McLaren Road ROW. Please
note that the existing fence on the north side of McLaren Road was installed in the right
of way in error. The site plan now depicts the fence as being relocated to the north,
within the applicant’s property. The applicant has agreed to install a continuous
pedestrian sidewalk connection within the northern portion of the McLaren right of way,
Rezoning and Site Plan 9 Revised June 29, 2012
Justification Statement
north of the existing and proposed parking spaces and south of the relocated fence.
This new sidewalk will provide for a pedestrian pathway along McLaren where one does
not currently exist.
The last Affected Area depicted on the revised Site Plan is a new gated fence for added
security at the corner of Classroom Building No. 10 where the Property’s southern
property line abuts the FPL site. The purpose of the new gated fence is to restrict
vagrants and others not affiliated with the private use from entering the Property. The
new gated fence serves as a security measure to preserve the safety and welfare of the
children and employees who occupy the campus by restricting trespassing or access
from the adjacent site. Recent incidents of trespassing prompted the proposed gated
fence.
General Waiver
A general waiver is requested in regard to all other site improvements currently existing
within the ‘un-affected’ area. This waiver would vest any structures, setbacks,
landscaping, etc. and result in the existing improvements being deemed conforming via
the granting of the waiver. Any future additions to the existing structures or site layout
will comply with the applicable Code at the time, or an additional waiver specific to the
request would need to be made. A general blanket waiver is requested as part of this
rezoning application to the following sections of the Village’s Code of Ordinances:
CodeItemRequirementWaiver
45-2, 45-19Definition of Parcel of land occupied by Parcel of land occupied by
Lotone main building and its more than one main
accessory buildingsbuilding (e.g. multiple
classroom buildings)
Part II, III Trees and Shrubbery 27-17 & 27-18
Chapter 27Landscape Adjacent To Public Rights-of-Ways 27-63
Perimeter Landscaping Abutting Properties 27-64
Appendix C, Setbacks, Parking 45-33
Article III
Waiver Descriptions:
Definition of lot: Lot is a parcel of land occupied or to be occupied by one (1) main
building and its accessory buildings with such open and parking spaces as are required
by the provisions of this ordinance, and having its principal frontage upon a street. A
waiver to this definition is being requested as this project is proposed to be conditioned
to record a unity of title to make the overall land area, currently consisting of multiple
individual lots, into one single unified lot. While the land area will be utilized for one
use, that being a private school, there are large principal buildings, such as the Fine
Arts Building (#10), Classroom Buildings #12 and #16, and the gymnasium, that could
be considered ‘main’ buildings. As such, a waiver is being request to Sections 42-5 and
42-19 of the Zoning Code.
Rezoning and Site Plan 10 Revised June 29, 2012
Justification Statement
Trees and Shrubbery: Part II , Chapter 27 27-17 & 27-18 defines the process and tree
species permitted to be planted in swale areas. Over time there appears to be some
instances where trees may planted slightly outside the property line of the overall
property (i.e. McLaren Road and Ellison Wilson). Rather that request to remove any of
these trees and reduce the tree canopy in the area, a waiver is being request to allow
them to remain as part of the PUD approval. Any future landscape installed in regard to
the affected area of the proposed maintenance facility or any future construction on the
campus will be required to comply with code.
Landscape Adjacent To Public Rights-of-Ways 27-63:
While the School has considerable landscape where the project’s property lines abut
rights-of-ways, without extensive field verification, it is not possible to determine 100%
compliance. As there are no site renovations to the areas of the campus south of the
existing Carolinda ROW, we are requesting a waiver to any potential non-conformities in
this regard. Any new construction or future renovations and/or redevelopment will be
required to comply with these regulations.
Perimeter Landscaping Abutting Properties 27-64:
The only portion of the affected area on the site plan, that being the maintenance facility
north of the abandoned Carolinda Drive land area, will comply with this code section at
the time of construction. The only other area of the existing campus abutting other
properties is in the southeastern portion of the site. The applicant is requesting a waiver
to these property lines. It does appear that the site is in compliance with that portion of
the property boundary lying west of the FP&L facility. However, it is not possible to
comply on the southern boundary where adjacent to the FP&L facility as the building is
constructed at a zero foot setback. The parking area adjacent to the bank also appears
to be non-conforming in this regard and compliance would dramatically affect the
existing parking lot layout. Again, as no site renovations are being proposed to the area
of the campus south of Carolinda, we are requesting a waiver to this code section. Any
future renovations/redevelopment will be required to comply with the Code in this
regard.
Setbacks, Parking 45-33:
As mentioned, the campus buildings were constructed over time, within different
jurisdictions with different property development regulations. For the purposes of
determining building setbacks, McLaren Road will be considered the ‘front’ setback as it
is a main entry point to the campus. Buildings fronting on this road, two stories in height
or less, are required to be setback a minimum of 50 feet. Buildings #17 and #18 are
setback 26 feet and 24 feet respectively. Additionally, Building #10, has a zero foot
setback from the south property line of the campus in this area. Finally, Buildings #10
and #8 are setback from US Highway One 45 feet and 77 feet respectively. As the
Rezoning and Site Plan 11 Revised June 29, 2012
Justification Statement
Village Code requires a setback of 100’ from US Highway One, waivers for these
buildings are also being requested.
Parking:
In regards to the setback parking waiver requested, the number of required parking
spaces is 212. With the provision for four handicap parking spaces in the proposed
maintenance building parking lot, the number of proposed parking spaces depicted on
the Site Plan is 214, exclusive of the 45 parking spaces currently available for parent
drop off/pick up in Crystal Tree Plaza currently permitted under a private agreement and
exclusive of the 41 existing and proposed parking spaces located in the McLaren Road
right of way. As such, the amount of parking provided on the site complies with code
and a waiver to the amount of required parking is not being requested. However, a
waiver to parking to allow the existing and proposed parking spaces in the McLaren
Road ROW is included in this application request. The above general waiver includes a
provision to waive or exclude the private use from meeting the parking requirement in
design and location due to the unique nature in which the Property was assembled and
developed over the course of decades. Again, a license agreement has been
discussed with Village staff as the mechanism to allow for the continued use of these
spaces and the applicant has agreed to construct a much needed pedestrian sidewalk
on McLaren Road.
Parking is generated by the faculty and employees of the private school use rather than
the students themselves since the campus is comprised of school age children who
cannot drive. During the 2010 – 2011 academic year, 706 students are enrolled at the
private school use and 136 employees serve the private school use. Assuming that
each employee attends each work day and parks on the campus with his/her vehicle, 77
parking spaces would be available throughout the course of the day. In other words,
there are more than an adequate number of parking spaces provided to serve the use.
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As requested by Village staff at the January 31 meeting, the Applicant / Property
Owner undertook a parking study to identify the number of parking spaces actually
parked and the location of those utilized parking spaces. The parking study found that
parking spaces were available during school hours in each parking area.
Parking and Circulation
From meetings held with Village staff, it is understood that the project’s two main issues
are:
1. Parking occurring along McLaren Road, and
2. Circulation at drop-off and pick up times.
Parking along McLaren Road
Parking along McLaren Road has historically occurred during the course of the private
school’s presence along the southern end of the campus with access via McLaren
Rezoning and Site Plan 12 Revised June 29, 2012
Justification Statement
Road. Over the course of time, as the private school use expanded in acreage, built
square footage, and number of students and employees, parking continued to occur
along McLaren Road. The private school planned and designed principal uses within
the interior of the Property to address operational and security issues and located
parking along the perimeter of its Property. The private school has always intended the
use of these parking spaces to be limited to faculty parking.
To specifically address the Village staff’s concern regarding parking along McLaren
Road, the Applicant / Property Owner proposes to continue to locate parking for faculty
use only along McLaren Road. Limiting parking along McLaren Road for faculty use
only avoids parents from parking their vehicles in those parking spaces during drop off
and pick up times. The Applicant / Property Owner will direct faculty to monitor the use
of these spaces during drop off and pick up times as well as advise parents that they
are not allowed to park there. The Applicant / Property Owner proposes 9 additional
parking spaces as one of its five Affected Areas, which was previously described. The
revised Site Plan that accompanies this resubmittal depicts angled parking for ingress
from McLaren Road and egress via Ellison Wilson Road.
To address staff’s concern regarding school functions, the Property includes a pervious
area at its southwest corner (or at the northeast corner of McLaren and Ellison Wilson
Roads). This grassed area is used as a play field for recreation and is not intended to
serve as permanent parking. The recreational aspect of this pervious area further
justifies parking occurring along McLaren Road since it would be consistent with the
past use of locating parking along the Property’s perimeter in order to accommodate
primary uses within the Property’s interior. However, the potential exists to utilize this
area on a temporary basis for school functions.
Another solution to addressing the aforementioned staff concern is the private parking
agreement with the property owner of Crystal Tree Plaza. That property owner has
designated the Applicant / Property Owner with 45 parking spaces in the northwest
corner of the Crystal Tree Plaza site. Those parking spaces are accessed via McLaren
Road. Parents of the Worlds of Wonder children (ages three and four) park at Crystal
Tree and walk their children over the cross walk with the aid of a crossing guard to/from
Classroom Building No. 12. Please see the Licensor Shopping Center Parking License
Agreement included as a part of this resubmittal package. It includes a site plan
highlighting the location of the 45 parking spaces. The parking agreement provides
parents with an alternative for those that wish to park rather than drive through the
circular driveway (denoted as “A” on the Site Plan and Circulation Plan) to drop off
and/or pick up.
Circulation
The revised Site Plan now depicts the traffic circulation for the site and a narrative
describing the location of pick ups and drop offs, as well as how the private use
staggers times to limit congestion and maintain a controlled circulation pattern is
included in the application materials. Drop offs begin at 7:45am and the private school’s
Rezoning and Site Plan 13 Revised June 29, 2012
Justification Statement
last release of students occurs between 3:15pm to 3:45pm Monday through Friday.
Faculty is required to stay until 4pm. The parking along the southern perimeter of the
Property, along McLaren Road is, and will continue to be restricted for Faculty Parking
Only and is labeled as such on the Site Plan, with existing signage already in place. As
discussed at a meeting with staff on January 31, 2011, parking along McLaren Road is
depicted as angled with the turn into the parking spaces to occur from the easterly
direction to further alleviate any concerns regarding circulation in this area. Ingress to
the angled parking spaces is via McLaren Road with egress onto Ellison Wilson Road.
This parking restriction will ease traffic circulation when parents drop off / pick-up
students by prohibiting non-faculty drivers from parking along and backing into the
southern perimeter during drop-off and pick-up times. If necessary, staff will be
assigned to monitor the situation, as well as notice being provided to the parents that
this parking area is not to be used during pick up and drop off times. In regard to
students crossing McLaren Road, there currently exists a school crossing sign and a
striped crosswalk across McLaren Road. The Applicant / Property Owner has staff act
as a crossing guard to monitor student safety as they cross McLaren Road via the
crosswalk. The Site Plan depicts the crosswalk and the sign.
The aforementioned gates at the western and eastern edges of the private Carolinda
Drive ROW will also facilitate circulation in a controlled manner during drop off and pick
up times.
Additionally, the private school use has a parking agreement with the property owner of
Crystal Tree Plaza (1201 US 1) located directly south of the Property to utilize its most
northwesterly 45 parking spaces for parents to park and walk their children to/from their
vehicle across McLaren Road via the crosswalk and crossing guard to/from school
during drop off and pick up times. This alternative parking area aids in preventing
stacking issues to provide for the safety of children across McLaren Road and
decreases the tendency of parents attempting to park in the faculty spaces on McLaren
Road.
Please see the traffic circulation depicted on the Site Plan and narrative that
accompanies this resubmittal package for details regarding traffic circulation.
Miscellaneous
Note that special events, in the context of attracting the general public as discussed at
the January 31, 2011 meeting with Village staff, do not occur at the Property. Rather,
events such as performances or athletic events specific to the families that attend the
private school use are the typical types of activities that occur on campus. Moreover,
open houses and graduation ceremonies held during the academic year are staggered
over the course of multiple days or evenings to properly accommodate the private event
and its parking. Thus, no contingency parking area is warranted since events
conducted at the Property are private in nature, and the agreement with Crystal Tree
Plaza allows for the use of those spaces during these activities.
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Justification Statement
Proposed Conditions
The Property is limited to 1,153 students/staff until the required reservation fee is paid to
the Seacoast Utility. The Applicant proposes the following condition of approval to
assure monitoring of this condition, as well as the parking situation on the campus:
“The Property Owner shall provide verification of student enrollment and
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number of faculty by October 1 of each academic year to both the Village
and Seacoast Utility on an annual basis for monitoring of utility capacity
and parking.”
As discussed at a meeting with Village Staff on January 31, 2011, the Village and the
Applicant / Property Owner will be working on some form of easement or revocable
license agreement. The Applicant proposes the following condition of approval in this
regard:
“The Applicant / Property Owner will obtain from the Village a revocable
license agreement. Easement, or other instrument approved by the
Village Attorney to allow the continuation of faculty parking in the McLaren
Road right-of-way (ROW). This area will be signed to limit the parking for
faculty use only and be maintained with a pervious surface. The
easement or other instrument to be executed within six (6) months of Site
Plan approval.”
It is requested that Staff consider the inclusion of these conditions in the approved
development order.
Conclusion
On behalf of The Benjamin School, Inc., Urban Design Kilday Studios respectfully
requests favorable review and consideration of this Rezoning and Site Plan application.
The project managers at Urban Design Kilday Studios are Joni Brinkman and Scott
Mosolf. Please feel free to contact either of these project representatives with any
questions or for additional information in support of these applications.
Rezoning and Site Plan 15 Revised June 29, 2012
Justification Statement