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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. Page 1 of 2 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 Page 2 of 2