Benjamin resubmittal response
RESPONSELETTER–DRCC
OMMENTS
TBS
HE ENJAMIN CHOOL
R
EZONING AND SITE PLAN
J29,2012
UNE
Please accept this response letter to address the June 21, 2012 DRC comments
provided in response to our March 16, 2012 submittal for the Benjamin School.
Please contact Joni Brinkman or Scott Mosolf if you have any questions or
concerns on this re-submittal package.
DRC COMMENTS
Planning and Zoning – Village Planner, Jodi Nentwick
Site Data
1. Applicant will limit the Village’s Future Land Use designation as Commercial to
maximum lot coverage from 35% to 25%.
Response: Acknowledged.
Zoning
2. The parking requirements, shared parking agreement with Crystal Tree does
not meet Section 45-33 of the Village Code of Ordinances. The proposed site
plan would need to request the following waivers:
a) Parking Requirements addressing shared parking agreements; and
b) Off street parking and loading regulations for each use.
Response: The parking spaces covered per the agreement with Crystal
Tree, as well as the 41 spaces in the McLaren Road right of way, are not
included within the parking provided amount as shown on the proposed
site plan. As the parking provided on the Benjamin School site proper
complies with the amount of required parking per the Village’s regulations,
it is not necessary to request a waiver.
3. Applicant to file a deed restriction not allowing Adult Entertainment as a
permitted use, to be reviewed by the Village and recorded 15 days after approval
of the project.
Response: As discussed at the DRC meeting, rather than a deed
restriction, which could cause title issues, the applicant has requested that
this be addressed as a prohibited use within the development order’s
condition of approval and staff has agreed to same.
Building Department – Building Official, Jim Brown
Comments to be addressed prior to application approval:
4. Plans need to show the accessible path from the proposed maintenance
facility to the public way for egress in accordance with F.B.C. 2010 and 1027.6.
Response: The site plan has been revised to depict a sidewalk connection
from the maintenance facility to the Carolinda Drive right of way to the
west.
5. Plan to show an accessible path from public streets or sidewalks to the
building entrance per Florida Accessibility Code 2006.
Response: The site plan has been revised to depict an accessible sidewalk
from the Carolinda Drive right of way west of the project to the proposed
building entrance to the maintenance building.
6. The number of accessible parking spaces does not appear to be adequate.
Provide parking calculations and minimum number of accessible parking spaces
for each parking facility per Florida Accessibility Code 208.2.
Response: The site plan has been revised to provide four (4) handicap
spaces in the parking area associated with the maintenance building, as
requested.
7. Provide a life safety plan for the proposed maintenance building. Include
longest path of travel, common path of travel, occupant load and accessible path
to the public way.
Response: As the applicant has not retained an architect or made the
decision to immediately move forward with the construction of the
maintenance building, a a life safety plan will be provided at the building
permit stage. Staff indicated at the DRC meeting that this is acceptable.
The following are non-certification comments the applicant should be aware of:
8. Separate site improvement permits and applications will be required for:
a. Paving, grading, drainage, water, and sewer improvements
b. Site lighting
c. Landscaping
d. Irrigation
Response: Acknowledged. The applicant will submit appropriate
applications and plans at the building permit stage.
9. There may be additional restrictions applicable to the subject property that
may be found in the public records of Palm Beach County, and there may be
additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
Response: Acknowledged. The applicant will obtain all required permits
from regulatory agencies.
Response Letter – DRC Comments 2 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
10. The above comments are requirements of the 2012 Florida Building Codes.
The requirements may change due to new Florida Building Code Editions.
Response: Acknowledged.
Fire Department – Fire Chief, J.D. Armstrong
11. Any security fences should not block the fire hydrants. Will verify locations on
civil plans.
Response: The applicant will address this comment at the building permit
stage with the permit review for any new proposed fences. Additionally, the
applicant will determine whether building sprinklers are required at the
permit stage and will comply with building code requirements in that
regard.
The applicant will provide, with the Unity of Title, a schematic drawing
showing each existing and proposed building on the site plan numbered.
The applicant has agreed to provide for one legal address of 11000 Ellison
Wilson Road. Coordinated with the Property Appraiser, Post Office, and
Village to ensure consistency in identifying the property address will be
provided as part of the Unity of Title approval process.
Public Safety
12. Public safety has no comments at this time.
Response: The Benjamin School is committed to monitoring traffic flows to
ensure safety and efficiency during drop off and pick up times and will
continue to work with the Police Department in this regard.
Level of Services
13. Existing conditions: refer to the drainage statement prepared by Robert E.
Rennebaum, P.E., Simmons & White, dated March 14, 2012.
Response: Acknowledged.
14. Prior to building permit being issue, plans must be reviewed by the Village
Engineer at Applicant’s expense.
Response: Acknowledged.
Seacoast Utility Authority – Construction Department Manager, Jim Lance
15. SP-1 does not properly label the 30’ x 40’ Seacoast Utility Easement. Please
show the easement boundaries.
Response: The site plan has been amended to accurately depict the entire
easement, which actually extends to the south.
Response Letter – DRC Comments 3 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
16. SP-1 should show the existing sanitary sewer manhole near the proposed
maintenance facility to ensure setbacks are maintained. Please revise
accordingly.
Response: Based on information provided by Seacoast subsequent to our
th
meeting on June 26, it has been determined that this manhole is located
to the north of our property and is therefore not an issue.
17. SP-1 should show the existing watermains (2) and existing water meters
along Carolinda Drive. The proposed fence, access gate and supports may
conflict with these Seacoast Utility Authority Facilities.
Response: Urban Design Kilday Studios (UDKS) is scheduled to meet
Seacoast, the project surveyor, and the project civil engineer on site on
Monday, July 3, 2012 to locate the existing water meters and water mains.
The final design of the fence, access gate(s) and supports will not conflict
with these improvements.
18. SP-1 should show existing AT&T main cable along the south side of
Carolinda Drive.
Response: It will be attempted to locate this main cable at the July 3, 2012
on site meeting. If it can not be located, we will contact AT&T to determine
the location and amend on future documents.
19. SP-1 is not clear as to the intent along the south property line in relationship
to the 20’ SUA water easement. The concern would be uninterrupted access to
these Seacoast Utility Authority Facilities.
Response: The drive is not proposed to be gated and, as such, Seacoast
will continue to have uninterrupted access to the easement area.
20. The Authority does not believe the boundary survey shows all easements of
record.
Response: The project surveyor reviewed an opinion of title prepared by
Greenberg Traurig, dated September 30, 2010 and reflects all instrucments
as listed in Exhibit C referenced on the first page of the survey.
21. The boundary survey does not show meters, backflows, and other Seacoast
Facilities to enable cross reference for conflicts.
Response: The surveyor is meeting with Seacoast on site on July 3, 2012
to locate all meters, backflows and other facilties to depict on a revised
survey.
22. The submittal shows Carolinda Drive as private. It appears that in 2005 they
acquired this right of way without the benefits of easements to the various utilities
that have facilities within the right of way.
Response: As previously mentioned, a meeting is scheduled for July 3,
2012 on site to locate utilities within the abandoned right of way. If the
utilizes are all in locations within the prior right of way acceptable to
Response Letter – DRC Comments 4 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
Seacoast, the easement can be addressed at the time of the creation of the
revised easement agreement with the Village. The utility easements will
either be provided via separate instrument or as a blanket easement within
the body of the revised Village easement.
23. The Authority will require 12’ easements be granted along Carolinda Drive
centered on the Authority facilities.
Response: As discussed with Jim Lance at Seacoast, should these utilities
be located a minimum distance of five feet from the prior right of way line,
an easement over the entire former right of way land area may be
acceptable. This will be determined during the on site meeting scheduled
for July 3, 2012.
24. The applicant will need to address how access to the mains along Carolinda
Drive can be accomplished. The watermains, in addition to providing potable
water services, provide fire lines service to the surrounding areas.
Response: The applicant will install knox boxes to provide access to the
Authority and Fire Department via separate entry codes once the gates are
installed.
25. The applicant needs to clarify whether water, sewer or fire lines service will
be required for the proposed maintenance facility.
Response: Water and sewer lines will be provided to the maintenance
facility. The need for fire lines service will be determined as part of the
building permit stage.
26. Once more detailed plans are available, additional comments may be
forthcoming.
Response: Acknowledged.
27. Applicant to set up meeting with John Callaghan at Seacoast Utilities for a
pre-engineering meeting to discuss the water and sewer requirements for the
project.
Response: Acknowledged. This will be requested prior to a submittal of a
building permit to the Village for the maintenance facility building.
Florida Power & Light
28. FPL only comments relate to the rear easement. The building setback must
provide adequate clearance from the existing power lines to the building.
Response: A minimum clearance of 10 feet is required from the powerline
to the building. The building is setback 10.3 feet from the overhead as
depicted on the survey. However, please note that there are no overhead
FP&L lines to the north of the proposed building and they exist only along
the north property line in the eastern portion of the property.
Response Letter – DRC Comments 5 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
Florida Public Utilities
29.
The Applicant to maintain all recorded utility easements. Easement
agreements to be approved by the FPU prior to any structures being installed
within the easements.
Response: The Applicant does not intend to abandon any FPU easements
nor to place any structures within easements which may be onsite.
Comcast Cable Communications
30. No response at this time. The Village will coordinate with the Applicant any
comments needed to be addressed prior to Village approval.
Response: Acknowledged.
Bellsouth Telecommunications
31. No response at this time. The Village will coordinate with the Applicant if any
comments must be addressed prior to Village approval.
Response: Acknowledged.
Sanitation Department – Wiley Livingston
32. Sanitation has no comments at this time.
Response: Acknowledged.
Certificate of Appropriateness (Site Plan Approval)
The following conditions of approval are preliminary in nature, and may be
modified and amended as the project progresses through the site planning
phase:
33. Applicant to further define blanket waivers pursuant to the Village code
sections on the site plan drawings for future reference.
Response: See revised justification statement. It is now clear that no
waiver to the amount of required parking is being requested and additional
justification has been included.
34. Prior to final site plan approval, Applicant to provide a signed and sealed
photometric plan using Palm Beach County for example to be reviewed and
approved by the Village Electrical Inspector.
Response: A photometric plan for the affected area for the proposed
maintenance building/parking area will be submitted at the building permit
stage as discussed at DRC.
Response Letter – DRC Comments 6 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
35. Prior to issuance of the Certificate of Occupancy for the buildings, all roof top
and ground mounted mechanical equipment shall be screened from view with
approved material from the Village.
Response: A plan showing screening details for mechanical equipment
shall be submitted at the building permit stage for the affected area
associated with the maintenance facility building.
36. Newly installed utility services and service revisions shall be underground.
Response: Acknowledged.
37. Applicant to submit exterior elevations and interior floor plans.
Response: The Applicant will submit elevations and floor plans at the
building permit stage for the maintenance facility building as discussed at
the DRC meeting.
38. Applicant to submit color and material data sheet for all exterior architectural
components including but not limited to: roof, lighting,fencing, awnings, pavers,
etc.
Response: The Applicant will submit a color and material data sheet at the
building permit stage for the maintenance facility building, as discussed at
the DRC meeting.
39. Applicant to provide interior layout plans for the proposed maintenance
building.
Response: Applicant will submit interior layout plans at the building permit
stage for the maintenance facility building as discussed at the DRC
meeting.
Traffic Concurrency
40. Applicant to submit approval letter from Palm Beach County Engineering
Traffic Division.
Response: Approval letter has been submitted.
Platting
41. The project is not platted. The Applicant must submit a Unity of Title
approved by the Village and any recorded existing and new easements 15 days
after approval of project.
Response: The Applicant acknowledges that a Unity of Title will be
prepared and recorded. The Applicant requests that the condition be
amended to permit the Unity of Title to be recorded within 90 days after
approval. This will allow time for coordination with Village staff, review and
revisions prior to recording.
Response Letter – DRC Comments 7 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
Parking
42. Applicant to enter into a license and indemnification agreement for the
parking spaces in the area along the public right of way to be reviewed and
approved by the Village and recorded within 15 days after approval of project.
Response: The Applicant agrees to enter into a license and indemnification
agreement for the parking spaces located in the the public right of way. The
Applicant requests that the condition be amended to permit the
agreements to be recorded within six months days of approval. This will
allow time for coordination with Village staff, review and revisions prior to
recording.
Landscaping
43. Applicant to submit landscape plan showing the existing and proposed
landscaping.
Response: As discussed with staff at the DRC meeting, conceptual
landscape plan for the affected area are included with this resubmittal.
44. Please provide a location on the site and landscape plan for future generator
installation.
Response: The school has no plans for a future generator associated with
the proposed maintenance facility or elsewhere on site.
Sidewalks
45. SP-1 does not show the proposed sidewalk connecting to the existing
sidewalks along McLaren Road as previously discussed.
Response: SP-1 shows the proposed sidewalk as continuous with existing
sidewalks on McLaren Road. The proposed sidewalk is depicted as
conntecting to the walk on Ellison Wilson Road to the west, continues on
the north side of McLaren Road to the east, and connects to the sidewalk
on the south side of McLaren via the crosswalk. This provides for a
continuous pedestrian sidewalk from Ellison Wilson Road to US Highway 1.
Fences
46. Any new fence must provide easement releases or sign off from proper utility
authorities.
Response: It was discussed at the DRC meeting that this comment is in
regard to the fence/gate on the south property line adjacent to the FP&L
property to the south. The owner has since clarified that they do not
transport any items or access the school site from the south by driving
Response Letter – DRC Comments 8 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012
over the curb from US Highway 1. Instead, if they do access the site via
this gate, it is done via the existing right of way sidewalk for US Hwy. 1, and
an easement is not required to access the right of way.
In regard to transversing the FP&L land area, we are working with FP&L in
regard to potentially obtaining an ingress/egress easement to allow same.
If an easement can not be obtained, the School acknowledges the fact that
they will not be permitted access via this area. Please know that the
gate/fence actually exists and was permitted via Village permit number
MCE2011-478.
Response Letter – DRC Comments 9 | Page
The Benjamin School
Rezoning and Site Plan
June 29, 2012