HomeMy WebLinkAbout2025-06 Village Place Planned Unit DevelopmentORDINANCE NO. 2025-06
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING THE VILLAGE PLACE
PLANNED UNIT DEVELOPMENT WITHIN THE C-3 REGIONAL BUSINESS
ZONING DISTRICT AND APPROVING A MASTER SITE DEVELOPMENT
PLAN AND MASTER PHASING PLAN ON 13.155 ACRES OF REAL
PROPERTY LOCA I'ED AT THE NORTHWEST CORNER OF PALMETTO
DRIVE AND U.S. HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR DEVELOPMENT OF THE PROPERTY IN
ACCORDANCE WITH THE PLANS AND THE CONDITIONS REFERENCED
IN THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DA 1'E.
WHEREAS, 2GHO, Inc., agent, on behalf of NP Devland Holdings, LLC, NP Devland North,
LLC, and NP Devland East, LLC, property owners (collectively "Applicant"), filed an application
for approval of a Special C-3 Planned Unit Development pursuant to Section 45-34.1(10) of the
Village Code of Ordinances on four parcels of real property totaling 13.155 acres located at the
northwest corner of Palmetto Drive and U.S. Highway One, as more particularly described in
Exhibit "A" attached hereto and incorporated herein ("Property"); and
WHEREAS, the Property is assigned a zoning designation of C-3 (Regional Business) and a future
land designation of Commercial; and
WHEREAS, the Applicant is seeking to obtain approval of a Planned Unit Development ("PUD")
for a mixed -use development, consisting of residential dwelling units and up to 90,000 square feet
of commercial space, as well as a Master Site Development Plan and Master Phasing Plan to guide
future development within the PUD; and
WHEREAS, on May 8, 2024, the Village Planning, Zoning and Adjustment Board conducted a
public hearing on the PUD application and recommended approval subject to various conditions;
and
WHEREAS, the Village Council determines that the Special C-3 PUD application is consistent
with the Village's Comprehensive Plan and meets each of the applicable requirements set forth
Section 45-34.1(10)(a) of the Village Code of Ordinances, subject to additional findings regarding
public benefit as may be required during the site plan process; and
WHEREAS, the Village Council wishes to approve the creation of the Village Place PUD and
approve the development of the PUD in accordance with the Master Site Development Plan and
Master Phasing Plan, subject to teiiiis and conditions of this Ordinance; and
WHEREAS, the Village Council determines that approval of this Ordinance is in the best interests
of the Village and its residents.
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.
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Section 2. The Village Council hereby creates the Village Place Planned Unit Development
("PUD") on four parcels of real property totaling 13.155 acres located at the northwest corner of
Palmetto Drive and U.S. Highway One, as more particularly described in Exhibit "A" attached
hereto and incorporated herein.
Section 3. The Applicant shall develop the PUD in accordance with the following plans and
specifications on file with the Village's Building and Zoning Development:
A. Master Phasing Plan prepared by M. Troy Holloway of 2GHO dated July 3, 2024 and
stamp -dated July 9, 2024 consisting of one (1) page (P-1).
B. Master Development Plan prepared by M. Troy Holloway of 2GHO dated July 8, 2024 and
stamp -dated July 9, 2024 consisting of one (1) page (M-1).
C. Conceptual Landscaping prepared by M. Troy Holloway of 2GHO dated July 3, 2024 and
stamp -dated July 9, 2024 consisting of one (1) page (CLP-1).
D. Offsite Improvements and Circulation Plan prepared by Simmons & White dated July 3,
2024 and stamp dated July 9, 2024 consisting of one (1) page.
E. Conceptual Site Development Plans prepared by Simmons & White dated July 3, 2024 and
stamp -dated July 9, 2024 consisting of four (4) pages.
F. Preliminary Plat prepared by Keshavarz & Associates and stamp dated July 9, 2024
consisting of three (3) pages.
G. Conceptual Elevations prepared by Gensler dated April 29, 2023 consisting of six (6)
pages.
Section 4. The Applicant shall develop, operate, and maintain the PUD in accordance with the
development parameters and building site area regulations applicable to Special PUDs within the
C-3 Regional Business Zoning District and all other applicable Village Code requirements. The
Village Council's approval of the PUD is subject to the following additional conditions:
A. The PUD shall be developed in accordance with the Master Phasing Plan and Master
Development Plan. All Site Plans for the various phases shall be reviewed at a joint
meeting of the Village's Planning, Zoning and Appeals Board and the Town of Lake Park
Planning and Zoning Board and shall be presented to the Village Council for consideration
and approval by Resolution.
B. The Applicant shall obtain new service provider concurrency approvals when submitting
for each phase of development.
C. The Applicant or its successor property owner's association shall maintain in perpetuity
the 1.36 Civic Space designated on the Master Development Plan and shall provide the
Village with an easement on such property via plat or by separate instrument. The size and
location of the Civic Space may be adjusted during the site plan review process.
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D. The site plan for the Civic Space shall be part of the first site plan reviewed by the Village
Council and shall be substantially completed prior to completion of the second phase of
the PUD in accordance with the Master Phasing Plan.
E. Prior to the issuance of the first building permit, the entire PUD Property shall be subject
to a Declaration of Restrictions and Covenants in a foiivat acceptable to the Village
Attorney, which shall provide for the formation of a single master property owner's
association and the assessment of members of the master association for the cost of
maintaining all roadways, pedestrian amenities, and common areas, including the Civic
Site, with cross -access and cross -parking.
F. Prior to the Village's issuance of any infrastructure permits or building permits, the
Applicant shall submit the following plans for review and approval by the Village:
1. A mobilization plan and staging plan to the Fire and Police Departments and the
Building Division of the Building and Zoning Department;
2. A Life Safety Plan, which shall comply with all applicable fire safety regulations;
and
3. An emergency evacuation plan filed with the Police and Fire Departments.
G. Any road closures or right-of-way improvements must obtain prior approvals and/or
permits as required by the Village and/or other applicable authorities.
H. If any significant archeological resources are found on the Property during development
and construction, the Applicant shall notify Village Staff.
I. The Property shall be platted with the proposed access easements and utility easements and
the dedication of right-of-way to the Village, and the plat shall be approved by the Village
Council and recorded in the public records prior to the issuance of a certificate of
occupancy.
J. Prior to the issuance of the first infrastructure permit, the Applicant shall provide the
Village with a performance bond, letter of credit, escrow agreement or other acceptable
surety agreement in a form approved by the Village Attorney and in an amount approved
by the Building Director to ensure completion of on -site roadway, drainage, and utility
improvements. As improvements are completed and accepted by the Village, the amount
of the performance bond, letter of credit, escrow agreement or other acceptable surety may
be reduced by a proportionate amount as determined by the Village Manager in
consultation with the Building Director when requested by the Applicant.
K. A permit shall be obtained from Seacoast Utility Authority prior to the first infrastructure
permit.
L. All infrastructure, including but by no means not limited to fire hydrants, street lights, and
storm drains, proposed on the approved Site Plan shall be maintained by the Applicant or
the master property owner's association.
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Fire hydrants shall be installed, tested, and in service prior to construction, and a stabilized
Fire Department access road shall be installed and maintained prior to and throughout
construction.
M. Permits from the South Florida Water Management District and the Village of North Palm
Beach, as required, for the storm water management system must be obtained prior to the
issuance of building permits.
N. A driveway connection and/or right-of-way construction permit from the Florida
Department of Transportation and/or Palm Beach County must be obtained prior to
issuance of a building permit, if applicable.
O. Permits from the Health Department for the water and sewer system must be obtained prior
to approval of building permits.
P. In accordance with the requirements of the National Pollution Discharge Elimination
System (NPDES), a Storm Water Pollution Prevention Plan, Owner/Operator Certification,
and Notice of Intent shall be submitted and accepted by the Village prior to the issuance of
building permits.
Q.
A site clearing and tree removal permit shall be required prior to any clearing activities on
the Property. This permit shall demonstrate protection of existing trees to remain.
R. All publicly -accessible rooftop spaces within the PUD shall have a minimum of fifteen
percent (15%) landscaped green space.
S. Street trees shall be a minimum of twenty-four (24) feet in size throughout the PUD, with
a proposal for urban root space solutions.
T. All new utilities shall be provided underground. Appurtenances to these systems which
require above -ground installation must be effectively screened from view. All utilities and
services to the Property shall be provided by entities holding valid franchise or service
agreements with the Village.
U. In accordance with the determination of compliance with the Traffic Perfoiiiiance
Standards by Palm Beach County Engineering, no building permits shall be issued for the
PUD after the build -out date of December 31, 2033, unless a revised traffic study with a
later build -out date has been approved by the County and a copy of the approval provided
to the Village of North Palm Beach.
V. The road improvements on Palmetto Drive and the turn lane extension on U.S. Highway
One shall be completed no later than the last certificate of occupancy or completion of
Phase 2 and shall comply with Palm Beach County regulations and approvals.
W. Uses on the Property are restricted to the uses listed in Table 1 of the Section 45-34.1(1)
of the Village Code of Ordinances, including those permitted by PUD.
X. Approval for outdoor seating areas must be obtained as part of the Site Plan process or as
otherwise approved by the Village Council.
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Y. Dedicated fire lanes shall be provided for each parcel as determined by the Fire Rescue
Department in accordance with NFPA 1, Chapter 18, 2.3.6.1.
Z. Access to Buildings on subsequent Site Plan reviews shall meet the requirements of NFPA
1, Chapter 18, 2.3.2.
AA. The Applicant agrees that if, after the construction of the roadways and curbing, the
responding fire apparatus cannot achieve the required turning radius as shown in the
AutoTurn Analysis submitted November 13, 2023, the Applicant will make the necessary
corrections to curbing and/or turning radii.
BB. Vertical roadway clearance shall be maintained at thirteen feet, six inches (13'6") in
accordance with NFPA 1, Chapter 18, 2.3.5.1.2 and no vertical canopy shall infringe the
designated areas for fire aerial apparatus setup, i.e., curb cuts.
CC. Prior to the issuance of the first vertical building permit, the Applicant shall fully install
and complete the roadways and curbing.
DD. The Master Development Plan shall be revised as necessary to reflect all conditions of
approval and re -submitted prior to the issuance of building permits.
EE. Any deviations to the approved Master Development Plan shall be governed by Section 6-
59(4) of the Village Code of Ordinances.
FF. Non-compliance with any of the conditions of approval will result in the Village
withholding the issuance of any building permits or any certificates of occupancy.
GG. The conditions of approval shall be binding on the Applicant and its successors in interest
and assigns and a violation of such conditions shall constitute a violation of the Village
Code of Ordinances and may be enforced by the Village as set forth in Article VI, Chapter
2 of the Village Code or as otherwise authorized by law.
HH. 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."
II. The Applicant shall be bound by all oral and written representations both on the record and
as part of the application/approval process.
JJ. Approval of the Master Development Plan and Master Phasing Plan does not authorize any
construction activities nor shall it operate as an approval of the maximum development
parameters for PUDs within the C-3 zoning district permitted by Code. The building site
area regulations for each phase/parcel shall be determined through the Site Plan and
Appearance Review process, taking into account the public benefit provided.
KK. The Applicant shall submit a complete Site Plan and Appearance Review application for
the first phase of development to the Building and Zoning Department within one (1) year
of the effective date of this Ordinance. At the request of the Applicant, the Village Manager
may grant one six (6) month extension.
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If the Applicant fails to submit the application within one (1) year (or eighteen (18) months
if extended), this Ordinance shall be brought back to the Village Council for additional
deliberation and consideration.
Section 5. 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.
Section 6. 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 7. All ordinances or resolutions in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
Section 8. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 22ND DAY OF AUGUST, 2024.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10TH DAY OF APRIL, 2025.
ATTEST:
VILLAGE TLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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L.
Exhibit "A"
Legal Description
PARCEL A:
PARCEL I:
A certain parcel of land in land in Section 21, Township 42 South, Range 43 East, Palm Beach
County, Florida, being more particularly described as follows:
Beginning at the intersection of the Westerly right-of-way line of State Road No. 5 as described
in a deed from Tesdem, Inc. to the State of Florida as same is recorded in Deed Book 838, Page
25, Public Records of Palm Beach County, Florida with the Northerly right-of-way of Palmetto
Road as shown on the Plat of Kelsey City (now Lake Park) as same is recorded in Plat Book 8,
Page 35, Public Records of Palm Beach County, Florida, and from said point of intersection run
(for convenience the said Northerly right-of-way line of Palmetto Road is assumed to bear
89°57' 15" West and all other bearings mentioned herein are relative thereto), North 89°57' 15"
West running along the said Northerly right-of-way line a distance of 468.28 feet; thence North
7°27'45" West, a distance of 247.44 feet; thence South 88°43'22" West a distance of 249.34 feet
to a point in a line parallel with and one foot Westerly from (measured at right angles to) the
Westerly wall of the Truck Well so called at the Westerly end of the J.M. Fields Store Building,
so called; thence North 01 ° 19'04" West, along said parallel line, a distance of 152.45 feet, more
or less, to a point in the Westerly extension of the North face of the South wall of the Garden Shop
so called, said Garden Shop located in the Northwesterly corner of the said J.M. Fields Store
Building; thence North 88°40'56" East along the just said Westerly extension and along the just
said North face of the South wall a distance of 41 feet, more or less, to a point in the West face of
the East wall of said Garden Shop; thence North 01 ° 19'04" West running along the just said West
face of the East wall and the Northerly extension thereof a distance of 120.27 feet, more or less,
to a point in the face of the curb, said curb being 20.26 feet Northerly from and parallel with the
face of the North wall of said building; thence North 88°40'56" East running along the said face
of the curb and its Easterly extension of a distance of 637.31 feet, more or less, to a point in the
said Westerly right-of-way line of State Road No.5, said point being also a point on a curve
concave to the West, having a radius of 11394.22 feet and whose tangent passing through said
point bears South 10°13'29" East; thence Southerly running along the arc of the just described
curve and along the said Westerly right-of-way line subtending a central angle of 01 °48'07", a
distance of 358.34 feet, more or less, to the end of said curve; thence South 81°34'38", West
running along a line radial to the just described curve and radial to the next described curve and
continuing along said Westerly right-of-way line a distance of 5 feet to a point in a curve concave
to the West, being concentric with the last described curve and having a radius of 11389.22 feet;
thence Southerly running along the arc of the just described curve and continuing along the said
Westerly right-of-way line; subtending a central angle of 00°25'22", a distance of 84.04 feet to the
end of said curve; thence South 08°00'00" East along said Westerly right-of-way line distance of
91.77 feet, more or less, to the POINT OF BEGINNING.
PARCEL II:
A parcel of land lying in Section 21, Township 42 South, Range 43 East, Palm Beach County,
Florida, being more particularly described as follows:
Commence at the intersection of Westerly right-of-way line of State Road No. 5, as described in
deed from Tesdem, Incorporated to the State of Florida, recorded in Deed Book 838, Page 25,
Page 1 of 3
Public Records of Palm Beach County, Florida, with the Northerly right-of-way line of Palmetto
Road, as shown on the Plat of Kelsey City (now Lake Park), recorded in Plat Book 8, Page 35,
Public Records of Palm Beach County, Florida; thence Westerly, along said Northerly right-of-
way line, a distance of 468.28 feet to a point on a portion of the Westerly boundary of that certain
parcel of land described in Official Record Book 3343, Page 1786, Public Records of Palm Beach
County, Florida, and the point of beginning of the hereinafter described parcel; thence Northerly
along said Westerly boundary, making an angle with the preceding course, measured from East to
North of 97°30'30", a distance of 247.44 feet to a point; thence Westerly, making an angle with
the preceding course, measured from South to West of 96° 11'07", a distance of 208.80 feet to the
point of the Easterly boundary of that certain parcel of land described in Official Record Book
3259, Page 276, Public Records of Palm Beach County, Florida; thence Southerly, along said
Easterly boundary, making an angle With the preceding course, measured from East to South of
89°58'58", a distance of 240.56 feet to a point on said Northerly right-of-way line, making an
angle with the preceding course, measured from North to East of 91°21'25", a distance of 235.45
feet to the POINT OF BEGINNING.
PARCEL B:
A parcel of land being all of Parcel 1B and a portion of Parcel 7 according to the plat of
NORTHLAKE PROMENADE SHOPPES, A PUD, as shown in Plat Book 102, Pages 130 and
131, of the Palm Beach County, Florida Public Records. Said plat also being a portion of Section
21, Township 42 South, Range 43 East, Town of Lake Park and Village of North Palm Beach,
Palm Beach County, Florida, being more particularly described as follows:
Begin at the Southeast corner of said Parcel 1B; thence S 89°59'30" W along the South line of
said Parcel 1B, with all bearings contained within relative thereto, a distance of 637.68 feet; thence
S 00°00'25" E along the East line of said plat, a distance of 119.95 feet to the intersection with the
North face of a building wall described in Official Records Book 3343, Page 1787; thence
89°59'35" W, a distance of41.00 feet; thence departing said East line continue S 89°59'35" W, a
distance of 30.65 feet; thence N 00°09'32" E, a distance of 429.19 feet to the intersection with the
South line of Parcel R-1 of said plat; thence N 90°00'00" E along said South line, a distance of
175.42 feet; thence N 00°00'00" E along the East line of Parcel R- 1, a distance of 155.65 feet to
the Northeast corner of said Parcel R-1 ; thence N 90°00'00" E along a line 35.50 feet South of
and parallel with the South line of Parcel 5 of said plat, a distance 117.06 feet; to a curve to the
right having a radial bearing of S 00°00'00" E, a radius of 80.00 feet, and a central angle of
34°25'35"; thence proceed along the arc of said curve, a distance of 48.07 feet to the end of said
curve; thence S 55°34'25" E, a distance of 100.26 feet; to a curve to the right having a radial
bearing of S 34°25'35" W, a radius of 80.00 feet, and a central angle of 46°43'50"; thence proceed
along the arc of said curve, a distance of 65.25 feet to the end of said curve; thence S 08°50'35" E
along a line 35.50 feet West of and parallel with the West line of Parcel 6 of said plat, a distance
of 249.82 feet to a point on the prolongation of the North line of aforesaid Parcel 1-B; thence N
84°09'54" E along said prolongation, a distance of 30.18 feet to a Northwest corner of Parcel 1-
B; thence continue N 84°09'54" E along the North line of Parcel 1-B, a distance of 167.65 feet to
a point of intersection with the East line of said plat, said point also lying on the West right-of-
way line of U.S. Highway No. 1; said point also being the Northeast corner of said Parcel I-B,
said point also being the beginning of a curve having a radial bearing of S 80°22'21" W, a radius
of 11394.22 feet, and a central angle of 00°34'45"; thence proceed Southerly along the arc of said
curve, a distance of 115.19 feet to the end of said curve and the POINT OF BEGINNING of the
herein described parcel.
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PARCEL C:
PARCEL I:
Non-exclusive easements, for the benefit of Parcel A and Parcel B herein described above, as
created in Fourth Amendment to Declaration of Restrictions, Covenants and Conditions and Grant
of Easement by and between Twin Cities Investors, Inc. and Developers of Northlake, Inc. as
recorded in Official Records Book Official Records Book 21438, Page 1886 as corrected in
Official Records Book 22831, Page 89 for purposes of Ingress and Egress Easement in Article
6.1; Utility Easement in Article 7.1 and Drainage Easement in Article 8.1 over and across the lands
described in said Easement.
PARCEL II:
Non-exclusive easement(s), created by and described in that certain Declaration of Restrictions,
Covenants and Conditions and Grant of Easements recorded in Official Records Book 11923,
Page 861, as amended in Official Records Book 13154, Page 1892; Official Records Book 17516,
Page 1987; Official Records Book 17595, Page 1781; and Official Records Book 21438, Page
1886 as re -recorded in Official Records Book 22831, Page 89; less and except those lands
conveyed to the State of Florida Department of Transportation by Quit -Claim Deeds recorded
June 9, 2004 in Official Records Book 17093, Page 214 and recorded June 1, 2004 in official
records book 17062, Page 1971, of the Public Records of Palm Beach County, Florida.
PARCEL III:
Non-exclusive easement(s), created by and described in Declaration of Reciprocal Easements
recorded in Official Records Book 17344, Page 1311, of the Public Records of Palm Beach
County, Florida.
PARCEL IV:
Non-exclusive easement(s), created by and described in Access, Parking and Landscape Easement
by and between Twin Cities Investors, Inc., a Florida corporation, Developers of Northlake, Inc.,
a Florida corporation and Village Shoppes At U.S. 1, LLC, a Florida limited liability company,
dated February 21, 2007 and recorded February 22, 2007 in Official Records Book 21438, Page
1917, of the Public Records of Palm Beach County, Florida.
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