HomeMy WebLinkAbout2024-03 Major PUD AmendmentORDINANCE NO.2024-0.3
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 2017-07
APPROVING A COMMERCIAL PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 2.72 ACRES OF REAL PROPERTY LOCATED ON THE
WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE AND
SOUTH OF LIGHTHOUSE DRIVE TO APPROVE AN ADDITIONAL SIGN
WAIVER FOR THE COMMERCIAL OUTPARCEL BUILDING; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2017-07 on June 22, 2017, the Village
Council approved a Commercial Planned Unit Development ("CPUD") approximately 2.72 acres
in size located on the west side of U.S. Highway One north of Ebbtide Drive and south of
Lighthouse Drive; and
WHEREAS, the approved site plan for the CPUD included a one-story 37,404 square foot Memory
Care facility and a commercial outparcel building of up to 6,000 square feet on the Property; and
WHEREAS, the property owner, ASL NPB, LLC, and one of the tenants of the outparcel building,
Desano — North Palm Beach, LLC, have applied for a major amendment to the CPUD for an
additional waiver from the Village Code to install a wall sign on the northern facade of the
commercial outparcel building; and
WHEREAS, Section 8 of Ordinance No. 2017-07 requires that any new signs requiring an
additional waiver shall only be approved by Ordinance; and
WHEREAS, on January 2, 2024, the Village Planning, Zoning and Adjustment Board, sitting as
the Local Planning Agency, conducted a public hearing on the application and provided a
recommendation to the Village Council; and
WHEREAS, the Village Council wishes to approve the major modification to the CPUD to allow
for an additional waiver to the Village's land development regulations and determines that the
adoption of this Ordinance is in the best interests of the residents 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 amends Section 4 of Ordinance No. 2017-07 to add the
following additional waiver:
A waiver from Section 6-115(C)(2)e of the Village Code of Ordinances to allow
for a second wall sign for the northern facade of the commercial outparcel building
facing a driveway when the Code only allows a second sign if facing multiple street
frontages.
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Section 3. The Applicant shall install the additional wall sign in accordance with the most
current version of the following plans and specifications on file with the Village's Community
Development Department:
A. Boundary Survey by Lidberg Land Surveying, Inc. stamp dated December 11, 2023; and
B. Building and Sign Elevation sheet created by Cotleur & Hearing and stamp dated
December 11, 2023.
Section 4. The Village Council's approval of this major amendment to the CPUD is subject to
the following additional conditions:
A. A sign building permit is required for the proposed wall sign.
B. The site plan shall be revised as necessary to reflect all conditions of approval and
resubmitted prior to the issuance of a building permit.
C. Non-compliance with any of the conditions of approval shall result in withholding of the
issuance of building permits or a Certificate of Occupancy.
D. 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 5. 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 6. All ordinances or resolutions in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 25TH DAY OF JANUARY, 2024.
SECOND, FINAL READING AND PASSED THIS 8TH DAY OF FEBRUARY, 2024.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
//0---6---'11'
MAYOR
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