2013-06 The Benjamin School Planned Unit Development & RezoningORDINANCE NO. 2013-06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS "THE BENJAMIN SCHOOL" ON
APPROXIMATELY 14.8 ACRES OF REAL PROPERTY LOCATED WEST
OF U.S. HIGHWAY ONE, NORTH OF MCLAREN ROAD AND EAST OF
ELLISON WILSON ROAD AS MORE PARTICULARLY DESCRIBED
HEREIN; REZONING THREE PARCELS OF PROPERTY FROM THE C -lA
(LIMITED COMMERCIAL), R -2 (MULTIPLE FAMILY), AND PUBLIC
ZONING DISTRICTS TO THE C -1 (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT; PROVIDING FOR DEVELOPMENT OF THE
PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS,
WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE;
PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, The Benjamin Private School, Inc ( "Applicant" or "Property Owner "), the owner or
contract purchaser of 14.38 acres of real property located at 11000 Ellison Wilson Road, filed an
application for approval of a Planned Unit Development pursuant to Section 45 -35.1 of the
Village Code of Ordinances; and
WHEREAS, the property subject to this Ordinance is currently divided into six separate parcels
with the following future land use classifications and zoning designations:
Parcel
Property Control Number
Future Land Use Classification
Zoning District
1
68- 43- 42- 04 -10- 008 -0030
Educational
C -IA, R-2
2
68- 43- 42- 04 -10- 008 -0045
Educational
C -1
3
68- 43- 42- 04 -18- 001 -0000
Educational
R -2
4
68- 43- 42- 04 -10- 008 -0050
Commercial
C -1
5
68- 43- 42- 04 -10- 008 -0066
Commercial
C -1
6
68- 43- 42- 04 -10- 008 -0069
Public
Public
WHEREAS, Parcels 1, Parcel 2, Parcel 3 and Parcel 6 are the subject of a separate land use
application to change the future land use classifications from Educational and Public to
Commercial; and
WHEREAS, the Applicant is seeking to rezone Parcel 1, Parcel 3, and Parcel 6 to the C -1
(Neighborhood Commercial) Zoning District; and
WHEREAS, the Applicant seeks to include the existing site of The Benjamin School (with the
addition of Parcel 6) into a single Planned Unit Development and is requesting waivers to the
r Village's land development regulations to address existing non - conformities; and
Page 1 of 5
WHEREAS, the Applicant is further seeking approval for the construction of a new 10,000
Csquare foot maintenance facility on the property; and
l
WHEREAS, the Village Council determines that the Planned Unit Development and rezoning
applications are consistent with the Village's Comprehensive Plan and meet each of the
applicable requirements of the Village Code of Ordinances; and
WHEREAS, the Village Council wishes to approve the creation of the Planned Unit
Development in accordance with the plans and specifications submitted by the Applicant, subject
to the approved modifications or "waivers" to the Village's land development regulations and the
conditions of approval imposed by the Village; and
WHEREAS, the Village Council determines that approval of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
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 creates a Planned Unit Development ( "PUD ") to be
known as the "The Benjamin School" on approximately 14.8 acres of real property located at
11000 Ellison Wilson Road, west of U.S. Highway One, north of McLaren Road, and east of
Ellison Wilson Road, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference.
Section 3. The Village Council hereby rezones those parcels identified in Exhibit "A" as
Parcel 1, Parcel 3 and Parcel 6 from the C -lA and R -2 Zoning Districts to the C -1
(Neighborhood Commercial) Zoning District and hereby directs Village Administration to ensure
that the Village Zoning Map is amended to reflect the rezoning of these parcels.
Section 4. The Applicant shall develop and operate The Benjamin School PUD in accordance
with the following plans on file with the Village's Community Development Department:
A. Site Plan prepared by Urban Design Kilday Studios dated June 1, 2010 and last revised
for submittal to the Village on December 3, 2012 consisting of one page (SP -1).
B. Conceptual Landscape Plan prepared by Urban Design Kilday Studios dated June 29, 2010
and last revised for submittal to the Village on June 29, 2012 consisting of one page (LA -1).
Section 5. In approving The Benjamin School PUD, the Village Council hereby grants the
following modifications or "waivers" from the requirements of the Village's land development
regulations to address existing non - conformities on the Property:
Page 2 of 5
A. Waiver from Sections 45 -2 and 45 -19 of the Village Code of Ordinances to allow for the
Property, which will be subject to a Unity of Title, to be occupied by more than one
principal structure, namely multiple classroom and accessory buildings.
B. Waiver from Sections 27 -17, 27 -18, 27 -63 and 27 -64 of the Village Code of Ordinances
to allow for existing landscape non - conformities, namely: (1) existing trees within swale
areas; (2) existing landscaping adjacent to public rights -of -way south of Carolinda Drive;
and (3) existing perimeter landscaping in the southeast quadrant of the property adjacent
to the existing FPL facility and bank property.
C. Waiver to Section 45 -33 of the Village Code of Ordinances to allow for existing setback
nonconformities, namely: (1) Buildings 17 and 18 have setbacks of 26 and 24 feet when
50 feet is required; (2) Building 10 has a zero setback from the south property line; and
(3) Buildings 10 and 8 have setbacks of 45 and 77 feet when 100 feet is required).
D. Waiver of Section 45 -33 to allow for the existing and proposed parking spaces within the
McLaren Road right -of -way.
Section 6. To the extent not modified in Section 4 above, the Applicant shall develop,
operate and maintain the Property in accordance with all Village Code requirements. The Village
Council's approval of The Benjamin School PUD is subject to the following additional conditions:
A. The Property shall be solely utilized for educational purposes and shall operate as a
private school.
B. The Property is limited to 1,153 students and staff until the required reservation fee is paid
to Seacoast Utility Authority. Applicant shall provide annual verification of student enrollment
and the number of staff members by October I" of each academic year to both the Village
and Seacoast Utility Authority for monitoring of utility capacity and parking requirements.
C. The maximum lot coverage for the Property shall be limited to twenty -five percent (25 %).
D. Applicant shall submit a Unity of Title and any recorded existing and new easements to
the Village for review and approval within 90 days of PUD approval or within 30 days of
acquiring title to Parcel 6, whichever occurs later. The Unity of Title shall be recorded in
the public records within 10 days after approval by the Village.
E. Applicant shall coordinate with the Property Appraiser, Post Office and the Village to
ensure consistency in identifying the property address as part of the Unity of Title process.
F. Applicant shall submit color and date material sheets, elevations and floor plans for the
Maintenance Facility (Building 19) for approval by the Village Planning Commission
prior to submitting an application for a building permit. Applicant shall secure a building
permit and commence construction of the Maintenance Facility within two (2) years of
PUD approval. The Village Council may, in its sole and absolute discretion, extend this
deadline by resolution.
Page 3 of 5
G. Applicant shall enter into a Revocable License and Indemnification Agreement, in a form
approved by the Village Attorney, to allow for parking within the McLaren Road right-
of -way. The parking within the McLaren Road right -of -way shall be limited to faculty
use only, and the Agreement shall address the method for constructing and marking the
parking spaces and the manner in which parking restrictions shall be enforced within the
right -of -way and on adjacent areas. This Agreement shall be fully executed within six
(6) months of PUD approval.
H. Applicant shall obtain a building permit and commence construction of the sidewalk on
the southern portion of the McLaren Road right -of -way, as depicted in the Site Plan,
within six (6) months of PUD approval. Applicant shall construct the sidewalk in
accordance with all Village Code requirements, including, but not limited to Article III of
Chapter 24 of the Village Code of Ordinances.
I. Applicant shall comply with the Drop Off and Pick Up Circulation Plan dated March 16, 2012.
Should the Village Police Chief determine that the circulation plan is not functioning
properly or otherwise detrimental to the public safety and welfare, Applicant shall
implement reasonable modifications to the Plan as requested by the Village.
J. Applicant shall install Knox boxes for the gates at each end of the public portion of the
Carolinda right -of -way to ensure access to the Property by police, fire and emergency vehicles.
K. 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 7. 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.
Section 8. The Village Council may approve minor modifications to the Planned Unit
Development by resolution without the necessity of review by the Planning Commission,
advertisement or public hearing. The following modifications shall not be considered minor:
A. Any increase in the total square footage or the footprint of any principal structure;
B. Any change in access to the Property;
C. Any variance to the C -1 zoning regulations or additional waiver to the Village's land
development regulations;
D. Any increase in height to the buildings located on the Property; or
E. Any relocation of parking areas resulting in a net reduction in the total number of
parking spaces.
Page 4 of 5
Section 9. 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. The Unity of Title shall include a statement that the Property shall be developed
in accordance with the conditions and requirements of this Ordinance.
Section 10. 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 11. All ordinances, resolutions or prior development permits or approvals relating to
the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict.
Section 12. This Ordinance shall become effective upon the effective date of the Ordinance
adopting large -scale Comprehensive Plan Amendment 12 -1, provided, however, that for the
purposes of this Ordinance, the date of PUD approval shall be considered the date this Ordinance
was adopted by the Village Council on second reading.
PLACED ON FIRST READING THIS 12th DAY OF DECEMBER, 2012.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DAY OF MARCH, 2013.
(Village Seal)
ATTEST-, -
NO,
0 1 M gal A
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
V LLAGE ATTORNEY
i
Page 5 of 5
EXHIBIT “A”
LEGAL DESCRIPTION:
Parcel One (PCN: 68-43-42-04-10-008-0030):
A portion of Lot 3 of the SUBDIVISION OF GOVERNMENT LOT 8, Section 4, Township 42
South, Range 43 East, Palm Beach County, Florida, according to the plat thereof, as recorded in
Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, more particularly
described as follows:
COMMENCING at the point of intersection of the North Right of Way line of
McLaren Road and the East Right of Way line of Ellison Wilson Road, said point
being the Southwest corner of said Lot 3, run thence North 3° 04' 10" West along
the East Right of Way line of Ellison Wilson Road, a distance of 153.66 feet to
the POINT OF BEGINNING of the herein described parcel; thence continue
North 03° 04' 10" West along said Right of Way, a distance of 150.23 feet to the
Northwest corner of said Lot 3; thence South 89° 54' 55" East along the North
line of Lot 3, a distance of 120.06 feet; thence South, a distance of 150.00 feet;
thence North 89° 54' 55" West, a distance of 112.01 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
The East 120 feet of the West 620 feet of the South 125 feet of Lot 6, GOVERNMENT LOT 8
,
SUBDIVISION according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public
Records of Palm Beach County, Florida.
TOGETHER WITH:
The North 125 feet of the East 300 feet of the West 500 feet of Lot 6, GOVERNMENT LOT 8
SUBDIVISION according to the Plat thereof, as recorded in Plat Book 18, Page 4, Public
Records of Palm Beach County, Florida.
TOGETHER WITH:
,
That part of Lot 6, according to the PLAT OF SUBDIVISION OF GOVERNMENT LOT 8
Section 4, Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, Public
Records of Palm Beach County, Florida, more particularly described as follows:
Begin at the Southwest corner of Lot 6, of said Subdivision, run Northerly along the Easterly
Right of Way line of Ellison Wilson Road, a distance of 125 feet; thence Easterly and parallel to
the South line of Lot 6, a distance of 200 feet; thence continue South, a distance of 125 feet to
the South line of said Lot 6; thence continue Westerly along the South line of Lot 6, a distance of
.
200 feet POINT OF BEGINNING
Page 1 of 4
TOGETHER WITH:
Being a tract of land of Lots 3 and 4 of the SUBDIVISION OF GOVERNMENT LOT 8, Section
4, Township 42 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 18,
Page 4, Public Records of Palm Beach County, Florida and more particularly described as
follows:
BEGINNING
at the Southeast corner Lot 3; thence Westerly along the South line
of said Lot 3 a distance of 210.00 feet; thence Northerly parallel with the East line
of said Lot 3 to a point 150.00 feet South of the North line of said Lot 3; thence
Westerly parallel with said North line a distance of 157.33 feet to a point 218.24
feet Easterly of the West line of said Lot 3 as measured along a line 150 feet
South of and parallel with the North line of said Lot 3; thence Southerly parallel
with the East line of said Lot 3 to a point in the South line of said Lot 3; thence
Westerly along the South line of said Lot 3 a distance of 210.00 feet to the
Southwest corner of said Lot 3; thence Northerly along the West line of said Lot
3 a distance of 153.66 feet to a point 150.00 feet South of, as measured at right
angles to the North line of said Lot 3; thence Easterly parallel with and 150.00
feet South of, as measured at right angles to the North line of said Lot 3 a distance
of 112.01 feet; thence Northerly parallel with the East line of said Lot 3 a distance
of 150.00 feet to the North line of said Lot 3; thence Easterly along the North line
of said Lot 3 a distance of 473.56 feet to the Northeast corner of said Lot 3;
thence continue Easterly along the North line of said Lot 4 a distance of 100.00
feet; thence Southerly parallel with the West line of said Lot 4 a distance of
130.00 feet; thence Westerly parallel with the North line of said Lot 4 a distance
of 100.00 feet to a point in the West line of said Lot 4, said West line of Lot 4 is
common with the East line of Lot 3; thence Southerly along the East line of said
.
Lot 3 to the Southeast corner of said Lot 3 and the POINT OF BEGINNING
The above described property may also be described as follows:
,
Being a tract of land in Lots 3 and 4 of the SUBDIVISION OF GOVERNMENT LOT 8 Section
4, Township 42 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 18,
Page 4, Public Records of Palm Beach County, Florida, consisting of the following described
parcels:
LESSLESS
Parcel A:Being all of said Lot 3 the East 367.33 feet and the North
150.00 feet thereof.
Parcel B:Being the East 210.00 feet of said Lot 3.
Parcel C:Being the West 263.56 feet of the East 473.56 feet of the North 150.00
feet of said Lot 3.
:
Parcel DBeing the North 130.00 feet of the West 100.00 feet of said Lot 4.
Page 2 of 4
TOGETHER WITH:
The West 300.00 feet of the East 420.00 feet of the West 620.00 feet (as measured along the
North and South boundaries thereof) of Lot 6, PLAT OF SUBDIVISION OF GOVERNMENT
LOT 8, Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, according to
the plat thereof recorded in Plat Book 18, Page 4 of the Public Records of Palm Beach County,
Florida, LESS and EXCEPTING the North 175.00 feet (as measured at right angles to the North
boundary thereof).
TOGETHER WITH:
A parcel of land in GOVERNMENT LOT 8, Section 4, Township 42 South, Range 43 East,
Palm Beach County, Florida; and being more particularly described as follows, to wit:
From the Southeast corner of Lot 3 of the SUBDIVISION OF GOVERNMENT LOT 8, Section
4, Township 42 South, Range 43 East, as same is recorded in Plat Book 18, Page 4 of the Public
Records of Palm Beach County, Florida, run West with the South line of Lot 3 for a distance of
210.00 feet to the POINT OF BEGINNING of the parcel of land herein described; thence
continue West for a distance of 132.33 feet to a point; thence North and parallel to the East line
of said Lot 3, for a distance of 153.03 feet to a point in the South line of Van Munster; thence
East and parallel to the North line of said Lot 3, for a distance of 132.33 feet to a point; thence
South and parallel to the East line of said Lot 3 for a distance of 152.84 feet to the POINT OF
BEGINNING.
TOGETHER WITH:
BEGINNING at a point in the South line of said Lot 3, 210 feet from the Southwest corner of
said Lot 3, running East along said South line a distance of 25 feet; thence North and parallel to
the East line of said Lot 3, to a point 150 feet from the North line of said Lot 3, thence West and
parallel to the North line of said Lot 3, a distance of 25 feet, thence South and parallel to the East
lot line of said Lot 3, a distance of 152.53 feet to a POINT OF BEGINNING.
Parcel Two (PCN: 68-43-42-04-10-008-0045):
The South 172.53 feet of the West 100 feet and the South 112.33 feet of the East 50.16 feet of
the West 150.16 feet of that certain parcel of land shown as "Lot 4-Not Included" on the Plat of
SUBDIVISION OF GOVERNMENT LOT 8
, Section 4, Township 42 South, Range 43 East,
recorded in Plat Book 18, Page 4 of the Public Records of Palm Beach County, Florida.
Parcel Three (PCN: 68-43-42-04-18-001-0000):
All of the PLAT OF NORTH PALM BEACH PRIVATE SCHOOL, according to the Plat
thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, as recorded in Plat Book 30, Book 204; Less those portions dedicated to Board of
County Commissioners for Right of Way purposes.
Page 3 of 4
Parcel Four (PCN: 68-43-42-04-10-008-0050):
From the Northeast corner of Lot 5 according to the Plat of subdivision of Government Lot 8,
Section 4, Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, in and for the
records of Palm Beach County, Florida; thence Westerly along the North line of said Lot 5 a
distance of 9.84 more or less feet to the Westerly right-of-way line of U.S. Highway No. 1 and
the point of beginning of the herein described parcels; thence continue along the North line of
said Government Lot 5 a distance of 240.28 feet to a point; thence run Southerly at right angles
to the North line of said Lot 5, a distance of 74.91 feet to a point; thence run Easterly parallel
with the North line of said Lot 5, a distance of 273.6 feet to a point in the Westerly right-of-way
line of said U.S. Highway No. 1; thence run Northwesterly along said Westerly right-of-way line
a distance of 82 feet to the point of beginning of the herein described parcel.
TOGETHER WITH:
From the Northeast corner of Lot 5, according the Plat of subdivision of Government Lot 8,
Section 4, Township 42 South, Range 43 East, as recorded in Plat Book 18, Page 4, in and for the
records of Palm Beach County, Florida; thence run Southeasterly S2347’30”E along the
Westerly right-of-way line of Highway No. 1, a distance of 82.00 feet to the point of beginning;
thence continue Southeasterly along said Westerly right-of-way line, a distance of 200.04 feet to
a point; thence North 89 54”40”W a distance of 273.41 feet to a point; thence North 23 47’30”W
a distance of 200.63 feet to a point; thence run S89 47’58”E a distance of 273.64 feet more or
less to a point in the Westerly right-of-way line of U.S. Highway No. 1, and the point of
beginning of the above described parcel.
Parcel Five (PCN: 68-43-42-04-10-008-0066):
The South 125 feet (measured at right angles to the South boundary thereof) of Lot 6, Plat of
Subdivision of Government Lot 8, Section 4, Township 42 South, Range 43 East, Palm Beach
County, according to the plat thereof recorded in Plat Book 18, Page 4, Public Records of Palm
Beach County, Florida, less the West 620 feet (measured along the North and South boundaries
thereof), less that portion conveyed to Palm Beach County by Deed recorded in Deed Book
1150, at page 32.
Parcel Six (PCN: 68-43-42-04-10-008-0069):
A parcel of land being a portion of Lot 6, of the Plat of Subdivision of Government Lot 8,
Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, according to the Plat
thereof, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, and
being more particularly described as follows:
The Northerly 125 feet (measured at right angles to North boundary thereof) of the Easterly
142.27 feet of the westerly 620 feet (measured along North and South boundaries).
Together with a portion of the right-of-way for Carolinda Drive (50 feet in width and 142.47 feet
in length) located along the southern boundary of the parcel.
Page 4 of 4