2011-20 Old Port Cove South Marina CPUD ORDINANCE NO. 2011-20
• VILLAGE OF
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILL GE O
NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "OLD PORT COVE
SOUTH MARINA" ON APPROXIMATELY 2.28 ACRES OF REAL
PROPERTY LOCATED EAST OF U.S. HIGHWAY ONE AND NORTH OF
THE LAKE WORTH INLET, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN
ACCORDANCE WITH THE PLANS, SPECIFICATION, WAIVERS AND
CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING
PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Old Port Cove Holdings, Inc. and Old Port Cove Equities, Inc. (collectively
"Applicant" or "Property Owner"), the owners of approximately 2.28 acres of real property
located at 112 and 116 Lakeshore Drive ("Property"), filed an application for approval of a
Commercial Planned Unit Development pursuant to Section 45-35.1 of the Village Code of
Ordinances; and
WHEREAS, the Property currently consists of a yacht club, marina and marina office; and
WHEREAS, the Property is currently zoned C-1 Neighborhood Commercial and has a future
land use designation of Commercial; and
WHEREAS, the Property Owner seeks to modify the existing site plan by: (1) repurposing the
existing yacht club building to house a restaurant, café and marina office and to provide
chandlery services; (2) repurposing the existing marina office to house a crew room, locker
room, laundry facilities and maintenance facilities; (3) providing architectural enhancements to
the existing buildings; and (4) constructing a new swimming pool and accessory building to
serve the marina tenants; and
WHEREAS, the Village Council determines that the Planned Unit Development application is
consistent with the Village's Comprehensive Plan and meets each of the applicable requirements
set forth in Section 45-35.1 of the Village Code of Ordinances; and
WHEREAS, the Village Council wishes to approve the creation of the Planned Unit
Development in accordance with the plans and specifications submitted by the Applicant, subject
to the approved modifications or"waivers" to the Village's land development regulations and the
conditions of approval imposed by the Village Council.
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 a commercial Planned Unit Development
• ("PUD") to be know as the "Old Port Cove South Marina" on approximately 2.28 acres of real
property located at 112 and 116 Lakeshore Drive, east of U.S. Highway One and north of the
Lake Worth Inlet, as more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference.
Section 3. The Applicant shall develop the Old Port Cove South Marina PUD in accordance
with the following plans and specifications on file with the Village's Community Development
Department:
A. Site Plan prepared by Urban Design Kilday Studios dated February 21, 2011, consisting
of Sheet SP-1 (last revised on July 14, 2011) and, Sheet SP-2 (last revised on August 9,
2011) ("Site Plan").
B Landscape Plan prepared by Urban Design Kilday Studios dated February 21, 2011 and
last revised on June 17, 2011, Sheets LP-1 and LP-2 ("Landscape Plan").
C. Yacht Club Building Floor Plan prepared by MPA Architects dated June 16, 2011, last
revised on July 11, 2011 (one page).
D. Boater's Building Floor Plan prepared by MPA Architects dated June 16, 2011 (one.
page).
E. Signage Guidelines for Old Port Cove South Marina Upland Area prepared by Urban
Design Kilday Studios dated June 24, 2011 (two pages).
Section 4. In approving the Old Port Cove South Marina PUD, the Village Council hereby
grants the following minor modifications or "waivers" from the requirements of the Village's
land development regulations:
A. Waiver from Section 45-33 of the Village Code of Ordinances to allow the use of a
shared parking analysis to determine the parking requirement for the Property, as set forth
in the Shared Parking Statement prepared by Simmons and White dated March 11, 2011.
B. Waiver from Section 6-115(c)(2) of the Village Code of Ordinances to allow for two
additional wall signs on the north(maximum of 20 square feet) and east (maximum of 10
square feet) elevations of the Yacht Club Building.
C. Waiver from Section 45-33 of the Village Code of Ordinances to allow an accessory
building (snack bar) to be constructed adjacent to the Boater's Building.
Section 5. To the extent not modified in Section 4 above, Applicant shall develop, operate
and maintain the Property in accordance with all Village Code requirements. The Village
Council's approval of the Old Port Cove South Marina PUD is subject to the following
• additional conditions:
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A. Applicant shall submit a Unity of Control for the Property to the Village for review and
• shall obtain the Village Attorney's approval of the Unity of Control prior to recording the
document in the public records. Applicant shall record the Unity of Control within thirty
(30) days of the effective date of this Ordinance.
B. Prior to applying for a Business Tax Receipt to operate the restaurant, Applicant shall
submit a Security Operations Plan to the Village's Community Development and Public
Safety Departments outlining the security procedures associated with public ingress to
the restaurant for persons accessing the Property either by boat or via Lakeshore Drive.
Applicant shall consult with the Old Port Cove Property Association ("Association") in
preparing the Plan and shall use its best efforts to obtain the Association's approval of the
Security Operations Plan prior to submittal to the Village.
C. Applicant shall submit a Declaration of Off-Site Parking at Cove Plaza to the Village for
review and obtain the Village Attorney's approval of the Declaration with thirty (30)
days of the effective date of this Ordinance. Applicant shall submit the executed
Declaration of Off-Site Parking to the Village within forty-five (45) days of the effective
date of this Ordinance.
D. Based on the Shared Parking Analysis, the Village's approval of the uses within the PUD
is limited as follows:
1. Restaurant Use: 4,120 square feet;
2. Retail Café Use: 680 square feet; and
3. Boat Slips: 145 slips
E. Outdoor seating adjacent to the Yacht Club Building is limited to 200 square feet.
F. Applicant shall apply for and obtain a Special Event Permit from the Village for each and
every event on the Property involving live outdoor entertainment.
G. The use of the pool adjacent to the Boater's Building shall be limited to marina tenants
and their guest only. The snack bar adjacent to the Boater's Building shall be limited to a
maximum of 400 square feet. Both the pool and the snack bar shall be closed and
secured from dusk to dawn.
H. Overnight accommodations within the Boater's Building shall be prohibited.
I. Applicant shall utilize the Village's Sanitation Department for commercial waste pick up
and shall be billed on an annual basis, unless otherwise authorized by the Public Works
Director.
J. Applicant shall obtain separate permits for all improvements constructed on the Property,
including, but not limited to,the following:
• 1. Paving, grading, drainage, and water and sewer improvements;
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2. Site lighting;
• 3. Landscaping;and
4. Irrigation.
K. Prior to the Village's issuance of a Certificate of Occupancy for the Yacht Club Building,
Applicant shall obtain approval from the Hotel and Restaurant Division of the Florida
Department of Business and Professional Regulation for the increased outdoor seating
area.
L. Prior to the Village's issuance of a Certificate of Occupancy for the Yacht Club Building
and Boater's Building, all roof top and ground mounted mechanical equipment shall be
screened from view with materials approved by the Village.
M. Prior to the Village's issuance of a Certificate of Occupancy for the Yacht Club Building
and Boater's Building, Applicant is required to obtain final zoning inspection for site plan
compliance.
N. Prior to the Village's issuance of Building Permits for the pool and snack bar adjacent to
the Boater's Building, Applicant shall provide to the Village a Parking Study, certified by
a Traffic Engineer, that the on site parking is performing in accordance with the standards
and assumptions set forth in the Shared Parking Statement. Upon review of the Parking
Study and any other relevant data, including, but not limited to, independent review by
the Village, should the Village determine that the parking is not performing in accordance
with such standards and assumptions, the Village shall not issue the Building Permits for
the pool and snack bar until any deficiencies are rectified to the satisfaction of the
Village's Community Development Director and/or Village Engineer.
O. The Applicant shall conduct a Parking Study, certified by a Traffic Engineer, twelve (12)
months subsequent to the Village's issuance of the Certificate of Occupancy for the
Yacht Club Building. The Parking Study shall evaluate the effectiveness of the parking
strategies employed by the Applicant on site. Upon review of the Parking Study and any
other relevant data, including, but not limited to, independent review by the Village,
should the Village's Community Development Director determine that the parking on the
Property is not performing effectively, the Village reserves the right to require additional
parking strategies and requirements, including, but not limited to, the increased use of
valet parking. The imposition of additional parking strategies and requirements shall not
require amendment to this Ordinance.
P. The applicant shall provide one hundred percent (100%) valet parking for each scheduled
special event and banquet event occurring on a weekday (Monday through Friday) from
November 1St through April 30th when the anticipated attendance at such event exceeds
seventy-five (75) persons.
Q. No boat trailers (with or without boats), enclosed trailers or recreational vehicles shall be
• parked or stored overnight on the Property in accordance with the standards set forth in
Section 45-32 of the Village Code of Ordinances.
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R. No parking shall be permitted on adjacent properties (unless approved by the adjacent
property owner) or within the roadway swale areas.
S. In granting this approval, the Village Council relied upon the oral and written
representations of the Applicant both on the record and as part of this application process.
Any deviation from such representations shall be considered a violation of this
Ordinance.
Section 6. The Applicant shall construct the 200 square foot outdoor seating area prior to
January 1, 2014 based on the traffic concurrency approval issued for the PUD. A time extension
for this condition may be approved by the Village Engineer based upon an approved Traffic
Study that complies with the mandatory Traffic Performance Standards in place at the time of the
extension request.
Section 7. A violation of any of the requirements or conditions of this Ordinance shall be
enforced in the same manner as a violation of a Village Code provision or a Village Ordinance.
The Village Council hereby grants the Code Enforcement Special Magistrate jurisdiction to
preside over violations of this Ordinance.
Section 8. The Village's Community Development Director may approve the following
modifications to the PUD by administrative amendment without the necessity of review by the
Planning Commission or Village Council, advertisement or public hearing:
A. Increase in the total square footage of the footprint of the Yacht Club Building within the
Future Expansion Areas depicted on the Site Plan if the increase in total square footage
does not alter or otherwise impact the parking requirements and traffic generation rates
for the PUD;
B. Interior reconfigurations of the Yacht Club Building and Boater's Building that do not
result in an increase in the number of seats or require an increase in the number of
parking spaces;
C. Increase in the overall building height of the Yacht Club Building necessitated by the
roof replacement and the installation of upgraded mechanical systems (as required by the
Florida Building Code, Village Code requirements or conditions of approval related to
mechanical equipment screening) not to exceed a total height of 28.9 feet as measured
from the adjacent grade to the highest point on the roof, provided that any increase in the
overall building height necessitated by the roof replacement and the installation of
upgraded mechanical systems resulting in a total height greater than 28.9 feet shall be
approved by the Planning Commission through the Certificate of Appropriateness
procedure outlined in Article II, Chapter 6 of the Village Code of Ordinances;
D. Redesign of the layout of the pool, the pool deck and the snack bar provided that such
• redesign is generally consistent with the Site Plan and the snack bar does not exceed the
maximum square footage set forth in Section 5.G;
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• E. Addition of an emergency generator or related equipment; and
F. Phasing of construction of the proposed improvements.
Section 9. The Village Council may approve minor modifications to the Planned Unit
Development by resolution without the necessity of review by the Planning Commission,
advertisement or public hearing. The following modifications shall not be considered minor:
A. Any increase in the total square footage or the footprint of any principal structure not
otherwise provided for in Section 8.A above;
B. Any change in the method of physical access to the Property;
C. Any variance to the C-1 zoning regulations or additional waiver to the Village's land
development regulations;
D. Any increase in the overall building height of any principal structure not otherwise
provided for in Section 8.0 above; and
E. Any change to the Site Plan that results in a net reduction in the total number of
parking spaces.
Section 10. Any additional changes to the appearance of the Yacht Club Building and
Boater's Building not included in the PUD application, including, but not limited to, color
changes and changes in roof materials or design, shall be reviewed by the Planning Commission
through the Certificate of Appropriateness procedure outlined in Article III, Chapter 6 of the
Village Code of Ordinances.
Section 11. All signs shall be constructed and installed in accordance with the Signage
Guidelines referenced in Section 3.E above. The Village's issuance of permits for the signs
installed within the PUD shall be governed by Section 6-117(I) of the Village Code of
Ordinances.
Section 12. 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. The Unity of Control referenced in Section 5.A above shall include a statement
that the Property shall be developed in accordance with the conditions and requirements of
this Ordinance.
Section 13. 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 14. All ordinances, resolutions or prior development permits or approvals relating to
the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict.
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Section 15. This Ordinance shall take effect immediately upon adoption.
• PLACED ON FIRST READING THIS 27th DAY OF OCTOBER, 2011.
PLACED ON SECOND,FINAL READING AND PASSED THIS 10th DAY OF NOVEMBER,2011.
(Village Seal) ,4 � �11L • . 1t-
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ATTEST: r
. , 7 CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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