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Home My WebLink About2002-27 Commercial PUD at 401 NL Blvd. (Self-Storage Facility)• • ORDINANCE 27-2002 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A MIXED USE REDEVELOPMENT PROJECT UPON THOSE CERTAIN LANDS CONSISTING OF 3.10 ACRES, MORE OR LESS, LOCATED AT 401 NORTHLAKE BOULEVARD WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ENTITLED "NORTHLAKE BOULEVARD MIXED USE REDEVELOPMENT PROJECT" ATTACHED HERETO AS COMPOSITE EXHIBIT `B" AND WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDING FOR A LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING THAT ALL INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND MAINTAINED BY THE FEE SIMPLE OWNER; PROVIDING FOR REVIEW AND APPROVAL OF DEED RESTRICTIONS BY THE VILLAGE ATTORNEY PRIOR TO RECORDATION IN THE PUBLIC RECORDS; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION FOR THE CPUD; PROVIDING FOR APPROVAL OF TEMPORARY SIGNAGE BY THE VILLAGE PLANNING COMMISSION; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE CPUD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby create a Commercial Planned Unit Development (CPUD) for a mixed use redevelopment project upon the lands described in Exhibit "A" attached hereto and made a part hereof, said lands comprising 3.10 acres of land, more or less, located at 401 Northlake Boulevard within the Village of North Palm Beach. The underlying zoning of the CPUD is C-1, Neighborhood Commercial District, as provided by Appendix C-Zoning of the Code of Ordinances of the Village of North Palm Beach. Section 2. The CPUD shall be developed in accordance with the plans and specifications as set forth in the Index attached hereto as Composite Exhibit `B" and expressly made a part hereof. In addition to the plans and specifications set forth as Composite Exhibit `B", the following requirements shall be met: • • A. The fee simple owner shall maintain at its expense all landscaping buffers specified on the plans between the development and adjacent properties. B. Prior to the issuance of a building permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall file a final landscape plan with automatic irrigation consistent with the approved CPUD Landscape Plan for the CPUD. In the event there is any conflict between the terms of this Ordinance and any Exhibits attached hereto, the terms of this Ordinance shall prevail. Section 3. All infrastructure improvements shall be private and shall be maintained by the fee simple owner at the sole cost and expense of the fee simple owner rather than by the Village of North Palm Beach. Section 4. All deed restrictions, if any, shall be furnished by the Petitioner to the Village Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County, Florida. Section 5. Prior to the issuance of a building permit for any structure or building upon the real property described in Exhibit "A", the Petitioner 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 in a sum of money prescribed by the Village and shall be posted with the Village of North Palm Beach to assure the completion of drainage and utility improvements required for the CPUD. Upon completion of all drainage and utility improvements required for the CPUD, the Village shall release said performance bond, letter of credit, escrow agreement or other surety agreement. Section 6. The development of the CPUD shall be commenced within one (1) year from the effective date hereof. The CPUD shall be completed within two (2) years thereafter. If Petitioner fails to commence development or complete development as required, the CPUD and underlying zoning usage of C-1 Neighborhood Commercial District, shall remain until such time as the Petitioner secures renewal or amendment of development, which renewal or amendment shall be in the discretion of the Village Council. 2 • • Section 7. All temporary signage of the CPUD must be approved by the Planning Commission without the necessity of advertisement or public hearing. Section 8. Prior to construction, all applicable approvals and permits shall be secured from all appropriate regulatory agencies. The drainage plan must comply with South Florida Water Management District permit requirements. Copies of all approvals and permits shall be placed on file with the Village. Section 9. No Building Permit for the CPUD shall be issued until the placement and relocation of all utility lines and utility easements have been approved by the utility providers and in accordance with Village regulations. No structures shall be erected over a utility easement unless approved by the applicable utility. Section 10. Under no circumstances shall the CPUD ever contain more than Seven Hundred (700) storage units. Prior to Village issuing Petitioner or its successors or assigns an occupational license for an ensuing fiscal year, Petitioner shall provide Village with such business records and other documentation that will establish that the total number of storage units does not exceed Seven Hundred (700). Section 11. Modifications to the CPUD that are determined to be minor by the Village Council may be approved by subsequent Resolutions without the necessity of review by the Planning Commission, advertisement or public hearing. Modifications that shall not be considered minor include, but shall not be limited to the following: (1) Change in access to the property; (2) Any variance to the C-1 Zoning regulations; (3) Any increase in the height or size of buildings; (4) Relocation of parking lots; Section 12. All references to Petitioner and/or fee simple owner, together with all requirements of this Ordinance shall apply to and be binding upon the successors and assigns. 3 • • Section 13. No Building Permit for the CPUD shall be issued until the drainage and paving plans shall be approved by the Village Engineer and all other building requirements of the Village of North Palm Beach Code and requirements of other governmental agencies, if necessary, shall be met. Section 14. Prior to the issuance of the first building permit within the CPUD, Petitioner shall deliver to the Village a Unity of Title in requisite form to be approved by the Village Attorney, requiring the lands described in Exhibit "A" to be developed in accordance with the Exhibit "B" plans and specifications. Petitioner shall not be required to file a plat for this Planned Unit Development. Section 15. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 16. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 17. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 12th DAY OF SEPTEMBER, 2002. PLACED ON PUBLIC HEARING THIS 26th DAY OF SEPTEMBER. 2002. PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY OFSEPTEMBER, 2002. ‘ R / ` _c , EQVilagp Seal) VILLAGE CLERK 4 EXHIBIT "A" • LEGAL DESCRIPTION: A parcel of land lying in Section 16 and 21, Township 42 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: BEGINNING at a point in the center line of the right-of-way of Central and Southern Florida Flood Control District (now known as South Florida Water Management District) Canal C-17 as said right- of-way is described in easement deed recorded in Deed Book 1156, Page 186, of the Public Records of Palm Beach County, Florida, said point being 624.66 feet Westerly, measured along said center line, from the Westerly right-of-way line of State Road No. 5 (U.S. Highway No. 1) as said right-of- way line is shown on State Road Department Right -of -Way Map as recorded in Road Plat Book 2, Pages 105 to 108, inclusive, Public Records of Palm Beach County, Florida; thence Westerly along said center line a distance of 325 feet; thence Southerly at right angles to said center line, a distance of 359 feet to a point in the Northerly right-of-way line of Northlake Boulevard as said right-of-way is described in Official Record Book 178, Page 458, of the Public Records of Palm Beach County, Florida; thence Easterly along said Northerly right-of-way line a distance of 400 feet; thence Northerly at right angles to said Northerly right-of-way line a distance of 244 feet to the Southerly right-of-way line of Central and Southern Florida Flood Control District (now known as South Florida Water Management District) Canal C-17, as said right-of-way is described in easement deed recorded in Deed Book 1156, Page 186, of the Public Records of Palm Beach County, Florida; thence Westerly along said Southerly right-of-way line a distance of 75.00 feet; thence Northerly at right angles to said Southerly right-of-way line 115 feet to the POINT OF BEGINNING. SUBJECT TO right-of-way of C-17 Canal. • 5 • • EXHIBIT "B" Separate Plans and Specifications entitled Northlake Boulevard Mixed Use Redevelopment Proiect by Kilday & Associates, Landscape Architects/Planners dated June 7, 2002, and revised August 7, 2002 and September 23, 2002 Drawing No. 02-13, consisting of 10 pages: C-0 Cover Sheet SUR-1 Survey SP-1 Site Plan LP-1 Landscape Plan LP-2 Landscape Specifications A.1 Floor Plans A.2 Building Elevations A.3 Building Elevations A.4 Building Elevations E. 1 Conceptual Paving/Drainage & Water/Sewer Plan