HomeMy WebLinkAboutRes 2023-104 Minor PUD Amendment_Memory CareRESOLUTION 2023-104
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT
TO THE MEMORY CARE COMMERCIAL PLANNED UNIT DEVELOPMENT
FOR THE INSTALLATION OF AN ALUMINUM CANOPY OVER THE
OUTDOOR SEATING AREA, THE INSTALLATION OF FIVE CHIMNEY
STACKS, AND THE INSTALLATION OF A WALL SIGN ON THE EAST
FACADE OF THE COMMERCIAL OUTPARCEL BUILDING; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the enactment of Ordinance No. 2017-07 on June 22, 2017 ("PUD
Ordinance"), the Village Council approved a Commercial Planned Unit Development on the west
side of U.S. Highway One north of Ebbtide Drive and south of Lighthouse Drive known as the
Memory Care PUD ("PUD"); and
WHEREAS, Section 7 of the PUD Ordinance provides that the Village Council may approve
minor modifications to the PUD by resolution without the necessity of review by the Planning
Commission, advertisement, or public hearing; and
WHEREAS, the property owner, ASL NPB, LLC, and the applicant, Desano — North Palm Beach
LLC, are requesting the following modifications to the 6,000 square foot commercial outparcel
building: installation of an aluminum canopy over the existing outdoor seating area (with
furniture); installation of a wall sign on the east facade facing U.S. Highway One; and the
installation of five (5) chimney stacks to accommodate three wood fire ovens and two fryers; and
WHEREAS, the Village Council determines that the request meets the definition of a minor
amendment to the PUD and that the adoption of this Resolution is in the best interests of the Village
and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. As authorized by Section 7 of Ordinance No. 2017-07, the Village Council hereby
approves a minor modification to the Memory Care Commercial Planned Unit Development to
allow the installation of the following improvements to the commercial outparcel building: a 27-
foot by 40-foot aluminum canopy over the outdoor seating area (including tables and individual
seats); a 42 square foot internally lit wall sign on the eastern facade; and five (5) chimney stacks
to accommodate the wood fire stoves and fryers approximately five (5) feet above the roof line.
These improvements shall be constructed in accordance with the following plans:
A. Building Elevation sheet created by Cotleur & Hearing and stamp -dated November 27,
2023;
B. Signage Elevation sheet created by Cotleur & Hearing stamp -dated November 27, 2023;
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C. Lancaster Table and Seating details (4 pages) stamp -dated November 27, 2023;
D. Harvard Jolly sketches (3 pages) stamp -dated November 27, 2023;
E. Site Plan created by Urban Design Kilday Studios stamp -dated November 27, 2023;
F. Moderno patio cover details (4 pages) dated October 12, 2023;
G. Kitchen Roof Plan and Kitchen Plan and Section View (2 Pages) by Advanced Hood
Systems stamp -dated November 27, 2023; and
Section 3. The Village Council's approval of the minor modification is subject to the
following conditions (any violation of this approval shall be subject to Section 6 of the PUD
Ordinance or as set forth below):
A. The Applicant is limited to forty-six (46) seats located in the outdoor bar seating area. A
minor amendment to the PUD shall be required to increase the number of seats.
B. The applicant shall revise the fire alarm drawings prior to issuance of a building permit to
reflect the need for a fire alarm system.
C. The restaurant shall not exceed an occupancy load of one hundred and fifty (150) persons.
D. The Applicant shall require truck deliveries to occur prior to opening of the restaurant or
after the closing of the restaurant in order to use the proposed loading space as depicted on
the Site Plan.
E. Parking spaces must remain open to members of the general public at all times except for
the three (3) dedicated carryout parking spaces.
F. A sign building permit is required for the proposed wall sign.
G. The Village acknowledges receipt of a shared parking agreement with Om Shri Investment
LLC for ten (10) parking spaces which is valid for one (1) year only. If the lease is
terminated or not renewed, the Applicant shall reduce the number of seats to conform to
the existing parking on site.
H. The Site Plan shall be revised as necessary to reflect all conditions of approval and
resubmitted prior to the issuance of building permits.
I. Non-compliance with any of the conditions of approval will result in withholding of the
issuance of building permits or a Certificate of Occupancy.
J. All advertisements and legal addresses on insurance policies and business correspondence
shall clearly state that the project is located within the Village of North Palm Beach.
Section 4. To the extent not expressly modified herein, all other elements of the approved
PUD, as previously amended, shall remain in full force and effect.
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Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 14TH DAY OF DECEMBER, 2023.
ATTEST:
ILLAGE CLERK
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