2025-08 Major PUD Amendment to the Benjamin SchoolORDINANCE NO. 2025-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING THE BENJAMIN SCHOOL
COMMERCIAL PLANNED UNIT DEVELOPMENT TO ADD AN ADJACENT
0.93 ACRE PARCEL TO THE PUD AND EXTEND THE PICK-UP/DROP-OFF
LOOP, DEMOLISH THE EXISTING ADMINISTRATIVE OFFICE BUILDING
AND CONSTRUCT A NEW ADMINISTRATIVE OFFICE BUILDING,
REMOVE THE UNCONSTRUCTED MAINTENANCE FACILITY FROM THE
SITE PLAN, AND RECONSTRUCT A PORTION OF PARKING WITHIN THE
MCLAREN ROAD RIGHT-OF-WAY; PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2013-06 ("PUD Ordinance") on March 28,
2013, the Village Council created The Benjamin School Planned Unit Development ("PUD") on
14.8 acres of real property described in Exhibit "A" attached hereto and incorporated herein
("Property") and provided for the development of the Property in accordance with the plans,
specifications, waivers, and conditions referenced therein; and
WHEREAS, through the adoption of Ordinance No. 2017-10 ("First PUD Amendment
Ordinance") on July 27, 2017, the Village Council approved a major amendment to the PUD to:
reinstate the prior approval of the proposed Maintenance Facility and change its configuration; and
add a two-story 13,171 square foot Science, Technology, Engineering and Mathematics Building
to the existing campus; and
WHEREAS, through the adoption of Resolution No. 2019-03 on April 25, 2019, the Village
Council approve a minor amendment to the PUD to reflect as -built conditions on the Property; and
WHEREAS, Urban Design Studios, agent, on behalf of The Benjamin Private School, Inc.
("Applicant") has filed an application for a second major amendment to the existing PUD to add
an adjacent .093 acre parcel to the PUD and extend the pick-up/drop-off loop; demolish the
existing Administrative Office building and construct a new Administrative Office building;
remove the unconstructed Maintenance Facility from the approved Site Plan; and reconstruct a
portion of the parking with the McLaren Road right-of-way; and
WHEREAS, the Village Council determines that approval of this Ordinance is in the best interests
of the Village of North Palm Beach and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves an amendment to The Benjamin School PUD,
as previously amended, to:
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A. Add 0.93 acres of land to the overall PUD ("former Bank Parcel"), as described in Exhibit
"B" attached hereto and incorporated herein by reference, thereby increasing the total
acreage of the PUD to 15.78 acres;
B. Demolish the existing structure on the former Bank Parcel and extend the pick-up/drop-off
loop into the former Bank Parcel;
C. Remove the approved 10,000 square -foot Maintenance Facility (Building 19) from the
approved Site Plan to reflect the current as -built layout north of Carolinda Drive;
D. Demolish the existing 2,300 square foot Administrative Office Building (Building 18) as
depicted on the approved Site Plan and construct a new 4,837 square foot Administrative
Office Building; and
E. Reconstruct a portion of the parking provided within the McLaren Road right-of-way for a
total of forty (40) parking spaces within the right-of-way.
Section 3. The Applicant shall develop and operate The Benjamin School PUD in accordance
with the plans approved through the adoption of Ordinance No. 2013-06, Ordinance No. 2017-10,
and Resolution No. 2019-03, as modified by the most recent version of the following plans on file
with the Village's Building and Zoning Department:
A. Site Plan prepared by Urban Design Studio dated June 1, 2010 and last revised for submittal
to the Village on December 20, 2024 consisting of one page (SP -1).
B. Affected Area Landscape Plan prepared by Urban Design Studio dated October 11, 2024
and last revised for submittal to the Village on February 14, 2025 consisting of six pages
(LA -1 through LA -6).
C. Plans prepared by Harvard -Jolly dated October 7, 2024 and last revised for submittal to the
Village on December 2, 2024 consisting of four pages: an Architectural Demo & Proposed
Site Plan (AS -000); a Fire Separation Site Plan and Life Safety Plan (AS -001); a Roof Plan
(Al -141); and Exterior Elevation Rendering (Al -200).
Section 4. In approving this amendment to the PUD, the Village Council grants the, following
additional modifications or "waivers" from the requirements of the Village's land development
regulations:
A. A waiver from Section 45-91.A. La of the Village Code to allow for foundation landscaping
along the north and east building facades of the new Administrative Office building (the
Code requires foundation landscaping along all four facades excluding rear services areas
not visible by public road right-of-way or not generally traveled by the public or visible
from adjacent structures).
B. A waiver from Section 45-91.B.2 of the Village Code to allow one foundation planting tree
on the east fagade of the new Administrative Office building (the Code requires one tree
� for each seventy-five (75) linear feet of building perimeter or four foundation planting
trees).
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Section 5. The Village Council's approval of this Amendment to The Benjamin School PUD
is subject to the following additional conditions:
A. The Applicant shall obtain South Florida Water Management District approval prior the
issuance of the first building permit.
B. The Applicant shall obtain Palm Beach County Health Department approval prior to the
issuance of a first building permit.
C. In lieu of amending the existing Unity of Title, the Applicant has submitted a Unity of
Control for inclusion of the former Bank Parcel in the PUD, as reflected in the amended
Site Plan. The Unity of Control, attached hereto as Exhibit "C," shall be recorded in the
public records prior to the issuance of the first building permit.
D. The Applicant shall enter into an amended Revocable License and Indemnification
Agreement, in a form approved by the Village Attorney, to reflect the revised parking
configuration within the McLaren Road right-of-way. The amended Agreement shall be
approved by the Village Council and fully executed prior to the issuance of the first
building permit.
E. The Applicant shall obtain approvals and/or permits from the Village and all applicable
authorities prior to any road closures or right-of-way improvements. In the event Village
or other public facilities are damaged during the construction process, the Applicant shall,
-� prior to the issuance of a Certificate of Occupancy or Certificate of Completion, as
J applicable, repair or replace such facilities sot that they are in at least as good condition as
existed prior to construction.
F. During construction, the Applicant shall abide by the undated aerial Plan showing Traffic
Flow During Construction Phase submitted with the Application materials. Once
construction is completed, the Applicant shall submit a new Drop Off and Circulation Plan
to the Village for review and approval by the Police Department. Should the Village Police
Chief determine that the Drop Off and Circulation Plan is not functioning properly or is
otherwise detrimental to the public safety and welfare, the Applicant shall implement
reasonable modifications to the Plan as requested by the Village.
G. Separate site improvement permits and applications shall be required for: (1) paving,
grading, drainage, water, and sewer improvements; (2) site lighting; (3) landscaping; and
(4) irrigation.
H. In granting this approval, the Village Council relied upon the oral and written
representations of the Applicant both on the record and as part of this application process.
Any deviation from such representations shall be considered a violation of this Ordinance.
Section 6. A violation of any of the requirements or conditions of this Ordinance shall be
enforced in the same manner as a violation of a Code provision or ordinance in accordance with
( ) Article IV of Chapter 2 of the Village Code of Ordinances.
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Section 7. Each of the conditions and requirements of this Ordinance shall be binding upon
the Applicant and its successors in interest or assigns and shall be deemed covenants running with
the land.
Section 8. 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 this Ordinance.
Section 9. All ordinances, resolutions or prior development permits or approvals relating to
the Property in conflict with the provisions of this Ordinance are hereby repealed only to the extent
of such conflict. To the extent not expressly modified herein, the remaining provisions of
Ordinance No. 2013-06, Ordinance No. 2017-10, and Resolution 2019-36 shall remain in full force
and effect.
Section 10. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS 10TH DAY OF APRIL, 2025.
PLACED ON SECOND, FINAL READING AND PASSED THIS 24TH DAY OF APRIL, 2025.
OR
( ge Seal) 4
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ATTEST:
VILLA E CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MAY R-