1995-33 Twin City Mall PUD ApprovalORDINANC~ NO. 33-95
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PLANNED UNIT
DEVELOPMENT UPON THOSE CERTAIN LANDS LOCATED AT THE
SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND U.S.HIGHWAY
I (FORMERLY KNOWN AS THE TWIN CITY MALL) LOCATED IN C-3
REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF; SAID LANDS TO BE DEV$LUPED IN ACCORDANCE WITH THE
PLANS ATTACHED HERETO AS EXHIBITS, WHICH PLANS ARE
EXPRESSLY MADE A PART HEREOF; ESTABLISHING PROJECT
SPECIFIC DEVELOPMENT STANDARDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PRCVIDING FOR AN EFFECTIVE DATE.
' WHEREAS, the Village Council of the Village of North Palm
Beach, Florida, created the C-3 Regional Business District under
Ordinance No. X25 which was subsequently codified as Section 45-
34.1 of the Code of Ordinances of the Village; and
WHEREAS, subject real property was rezoned to C-3 Regional
Business District by Ordinance No. 9-95 of the Village; and
WHEREAS, the C-3 Regional Business District provides for and
allows for the approval of a Planned Unit. Development (PUD) thereon
to encourage economical, efficient and imaginative design and
application has been made for approval of a PUD on the subject real
properties; and
WHEREAS, the Village Council of the Village of North Palm
Beach, Florida, has held joint hearings with the town commission of
the Town of Lake Park, Florida for the purpose of coordinating the
approval of a Planned Unit Development on the subject real property
' formerly known as the Twin City Mall; and
WHEREAS, the applicant has presented plans and other
development specifications for the PUD project on the real property
and testimony has been presented by the property owner and other
interested parties;
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm
Beach, Florida, does hereby approve the application of Twin Cities
Investors, Inc. and Developers of North Lake, Inc. for a Planned
Unit Development on the real property more particularly described
in Exhibit "A" attached hereto and made part hereof. The Planned
' Unit Development shall be in accordance with the maps, plans,
drawings and other documents submitted therewith and reviewed by
the Village's Public Services Department, Planning Commission and
the Village Council and any recommendations and modifications
approved thereto by the Village and subject to the provisions of
Section 45-34.1, C-3 Regional Business District, and other
applicable sections of the Code of Ordinances of the Village and
law, with the additional land uses permitted herein, and the
special conditions, and modified development standards as provided
herein and in Section 45-34.1 of the. Code of Ordinances of the
village.
Section 2. The uses permitted on the subject real property
shall be those described in Section 45-34.1 of the Code of
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Ordinances of the Village with the acknowledgement that
' supermarkets and convenience stores are recognized as permitted
retail uses and fast food restaurants are not differentiated from
other types of restaurants.
Section 3. The off-street parking, loading and circulation
requirements specified in Section 45-34.1(2), OFF-STREET PARKING,
and Section 45-34,1(3), OFF-STRfifiT LOADING AND INTERNAL
CIRCULATION, shall govern development on the property, except for
the following:
Off-street parking spaces shall be a minimum size of 9
feet wide by eighteen (1fS) feet deep. Parking spaces
that abut landscaped perimeter buffers or median strips
may overhang said landscaped areas by up to two (2) feet,
' reducing the required paved depth of the parking stall to
sixteen (16) feet, in accordance with Exhibit "B" consisting
of one (1) sheet undated and entitled "parking over-hang at
interior landscape islands" attached to this Ordinance and
made apart hereof.
Section 4. Landscaping requirements specified in Section 45-
34.1(4), Landscaping, shall apply to this PUD, with the following
modifications:
a. Required landscaping adjacent to public rights-of-way:
The required landscaped strip between a public right-of-way and an
off-street parking area shall be at least fifteen (15) feet wide
and shall contain at lease five (5) trees and forty (40) shrubs for
each one hundred (100) lineal feet.
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b. Parking area interior landscaping for unroofed parking
areas: At least ten percent (10~) of the total paved surface area
shall be devoted to landscaped areas. Each area counting toward
the required ten percent (lOg) total shall have an average minimum
dimension of six (6) feet, as per Exhibit "B" attached hereto and
made a part hereof. At least one (1) tree shall be planted for
every two hundred fifty (250) square feet of required internal
planting area. No parking space shall be more than one hundred
(100) feet from a tree planted in a permeable island, peninsula, or
median having a six (6) foot minimum width.
Section 5. The building setback requirements specified in
Section 45-34.1(5), SETBACKS AND HEIGHT, shall apply to this PUD,
with the following modifications:
' a. Perimeter setbacks: A1,1 buildings and structures shall be
set back a minimum of thirty (30) feet from the outer boundary of
the C-3 zoning district, except on an interior .common municipal
boundary, and/or where the adjacent property is zoned for retail
commercial development, provided that greater setbacks shall be
required where shown on the approved concept site plan, Exhibit CL-
1, consisting of one (1) sheet with a revised date of October 20,
1995, attached hereto and made a part hereof. This PUD may develop
buildings with no setback from such interior common municipal
boundary and/or adjacent property zoned for retail land use, in
accordance with the approved development plan. Existing buildings
may be renovated and occupied without regard to setback
requirements. For buildings in excess of. two (2) stories or thirty
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(30) feet in height, one (1) foot shall be added to the required
perimeter setback for each foot of height in excess of thirty (30)
feet.
Section 6. The sign requirements specified in Section 45-
34.1(7), SIGNS, shall apply to this PUD, with the following
modifications:
a. Center. identification ground signs shall be mounted on a
monolithic base and shall be independent of any building for
support. Ground signs shall be permitted only when the sign and
base are monolithic. Ground signs that meet the following
requirements are permitted in the PUD along both Northlake
Boulevard and U.S. Highway 1:
1. Maximum number of center identification ground signs:
A maximum of one (1) center identification ground sign shall be
permitted along Northlake Boulevard and a maximum of one (1) center
identification ground sign shall be permitted along U.S. Highway 1,
and one additional center identification ground sign shall be
permitted at the intersection of Northlake Boulevard and U.S.
Highway 1, as shown on Exhibit SSL, consisting of ~_ sheets and
dated October 26, 1995 attached hereto and made a part hereof,
regardless of jurisdiction, Lake Park or North Palm Beach.
2. Specifications for Center Identification Ground Signs:
A center identification ground sign shall not exceed fifteen (15)
feet in height, including the base, measured from the finished
grade nearest to the base (excluding berms) to the tallest point of
the sign structure, and shall be designated to conform to Exhibit
5
C, prepared by Ocampo and Associates consisting of one (1) page
(undated), attached hereto and made a part hereof. Minimum setback
for center identification ground signs shall be ten (10) feet from
a public right-of-way.
3. Maximum size of center identification ground signs:
A center identification ground sign shall not exceed eight (8) feet
x fifteen (15) feet with a maximum of four (4) tenant
identification signs plus one logo for the Center Identification
Ground Signs, with the logo being included within the one hundred
(100) square feet copy area on each side; and to require three (3)
feet landscaping around the base; applicant to return for final
sign approval regarding content.
b. Outparcel identification ground signs shall be mounted on
a monolithic base and shall be independent of any building for
support. Outparcel identification ground signs shall be permitted
only when the sign and base are monolithic. Signs that meet the
following requirements are permitted in the PUD along the rear of
all outparcels along the interior loop road:
1. Maximum number of outparcel identification ground
signs: A maximum of one (1) outparcel identification ground sign
shall be permitted along the interior loop road for each outparcel
building.
2. Maximum height of outparcel identification ground
signs: An outparcel identification ground sign shall not exceed
five (5) feet in height by four (4) feet in width, including the
base, measured from the finished grade nearest to the base
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(excluding berms) to the tallest point of the sign structure, and
shall be designed to conform to Exhibit "C," attached hereto and
made a part hereof.
Section 7. Notwithstanding the fire sprinkler requirements
specified in Section 45-34.1(9), AUTOMATIC FIRE SPRINKLER SYSTEMS,
the fire sprinkler requirements as set forth by applicable building
codes of the Village shall apply to this PUD.
Section 8. The application procedures and requirements
specified in Section 45-34.1(10)d, APPLICATION PROCEDURES, shall
apply to this PUD except that the following requirements shall
apply to this PUD in lieu of subsection (d) (2) thereof:
a. The PUD application shall include a conceptual site plan
showing the entrance locations, traffic flow, parking layout, and
general building placement and general landscape and drainage
retention areas. Detailed building elevations and site dimensional
plans must be in conformance with the approved conceptual plan and
must be submitted to the joint planning and zoning commissions when
plan review is applied for, subsequent to this PUD approval. The
standards and conditions approved by this PUD ordinance shall
control with regard to future phases of this development unless the
applicant requests additional modifications to the requirements of
Section 45-34.1 or this Ordinance.
Section 9. The approved conceptual site plan for this PUD is
attached hereto as Exhibit CL-1, consisting of one (1) sheet with
revision date of October 20, 1995, which said Exhibit is made a
part hereof, with the following conditions:
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a. Developer must maintain distance between the building
t immediately west of Outparcel 8 and the existing Builders Square,
and show open connections between the building immediately west of
Parcel 8 (shown immediately north of former Builder's Square
entrance) so that a single large alley will not be created at this
location.
b. Entry drives shall have accent pavement.
c. Developer shall accentuate pedestrian access from Palmetto
Drive.
d. Developer shall come up with a conceptual centerpiece for
the PUD, i.e. water feature, landscape focal point, etc.
e. Developer shall provide exterior seating.
f. Developer shall present a demolition schedule upon his
' submission of specific plans for Phase I (b).
g. Phase II buildings shall be connected with covered
porticos to enable shoppers to walk from one shop to another
without getting wet during a rain storm.
h. The conceptual site plan, CL-1, does not include the
landscaping but only the concept of the out-parcel layout and the
building layout.
The approved detailed site plans for Phase 1 of this PUD are
attached hereto as the following-referenced Exhibits: Exhibit A-1,
consisting of one (1) sheet with revision date of October 23, 1995;
Exhibit A-2, consisting of one (1) sheet, with revision date of
October 23, 1995; Exhibit A-3, consisting of one (1) sheet, and
' dated July 27, 1995; Exhibit A-4, consisting of one (1) sheet, and
B
dated January 27, 1995; Exhibit L-1, consisting of one (1) sheet,
' and carrying a revision date of September 29, 1995; Exhibit L-2,
consisting of one (1) sheet, and carrying a revision date of
October 20, 1995; and Exhibit L-3, consisting of one (1) sheet,
with revision date of October 20, 1995, all of which exhibits are
made a part hereof, with the following conditions:
(a) Eliminate the 1-hour photo sign.
(b) The drive-thru pharmacy sign will be shown or. the
elevation drawing, not as shown the rendering; allowed only on the
facade and delete the drive-thru pharmacy sign from the canopy of
the drive thru.
(c) Change aluminum overhang canopy on the south side to a
canvas canopy, color to match the accent color of the tile.
' (d) Provide pedestrian sidewalk connection from Northlake
Boulevard and one from Federal Highway.
(e) Landscaping shall be as shown on Exhibits L-1, L-2, and
L-3 attached hereto and made a part hereof, which said Exhibits
provide for a three (3) foot wide strip of landscaping along the
south side and a four to five (4-5) foot strip of landscaping on
the east side of the building. Said Exhibits also show a fifteen
(15) foot landscape buffer along Federal Highway.
(f) Trees shall have a minimum height of fifteen (15) feet at
planting.
(g) Words "Drive-thru Pharmacy" may be used on the out-parcel
sign.
(h) Colors shall conform to the plans as submitted for
9
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review.
(i) Color of Drive-thru pharmacy sign shall match the Eckerd
sign as shown on the rendering provided by the developer (off-
white).
Section 10. 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 11 All Ordinances or parts of Ordinances in
1
conflict herewith are hereby repealed.
Section 12 This Ordinance shall take effect immediately
upon passage.
PLACED ON FIRST READING THIS 9th DAY OF November
PLACED ON PUBLIC HEARING THIS 20th DAY OF November 1995.
PLACED ON SECOND, FINAL READING AND PASSED THIS 20th DAY OF
November 1995.
MAYOR
1995.
!VILLAGE SEAL)
ATTEST:
VILLAGE CLERK 0~~~
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- EXHIBIT ~~~~~
LEGAL DESCRIPTION
400 NORTH LAKE BOULEVARD
(SEARS TRACT)
A PARCEL OF LAND IN SECTION 21, TOHNSHIP /2 SOUTH, RANGE 43 EAST,
PATH BEACH COUNTY, FLORIDA, DESCRIBED AS FOLIONS:
BEGINNING AT A POINT IN THE XESTERIY RIGHT-OF-NAY LINE OF STATE `-
ROAD N0. 5, AT A DISTANCE OF 699.35 FEET NORTHERLY, MEASURED ALONG
SAID XESTERLY RIGHT-OF-XAY LINE FROH THE NORTHERLY RIGHT-OF-XAY LINE
OF PALHETTO ROAD;
THENCE PROCEEDING ALONG THE fOLIOXING COURSES ANO DISTANCES;
SOUTH 81'19'29" NEST, A DISTANCE OF 413.81 FEET;
NORTH 02•GO'32' NEST, A DISTANCE Of 135.13 FEET;
NORTH 02'50'25' NEST, A DISTANCE OF 710.00 FEET;
SOUTH 07'09'35' NEST, A DISTANCE Of 402.69 FEET;
NORTH 62'50'25' XEST, A DISTANCE OF 322.26 fEET;
NORTH !0'26'30' EAST, A DISTANCE Of 660.39 FEET TO THE SOUTHERLY
RIGHT-OF-NAY LINE Of NORTHLAKE BOULEVARD;
SOUTH 84'00'00' EAST, A DISTANCE OF 1311.11 FEET TO THE kESTERIY
RIGHT-OF-NAY LINE OF STATE ROAD NO. 5;
THENCE ALONG STATE ROAD N0. 5;
SOUTH 04'09'00' EAST, A DISTANCE Of 235.11 FEET;
SOUTH 05'51'00' NEST, A DISTANCE OF 5.00 FEET;
ALONG STATE ROAD N0. 5, A CURVE TO THE RIGHT, A RADIUS OF 11,39(.22
FEET, A DISTANCE OF 315.00 FEET TO THE POINT OF BEGINNING.
TOGETHER KITH:
(TXIN CITY TRACT)
A PARCEL OF LAND IN SECTION 21, TONNSHIP 42 SOUTH, RANGE t3 EAST,
PATH DEACII COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS fOLLONS:
COHHENCING AT THE INTERSECTION OT THE NESTERLY RIGHT-Of-NAY LINE OF
STATE ROAD N0. 5 AS $AHE IS DESCRIBED IN GEED FROH TESOEH IHCORPORATEO
TO THE STATE OF FLORIDA, RECORDED IN DEED BOON 030, PAGE 25, PUOLIC
RECORDS OF PATH BEACH COUNTY, fLORIDA KITH THE NORTHERLY RIGHT-Of-MAY
LINE OF PALHETTO ROAD AS SHONN ON THE PLAT Of KELSEY CITY (NOM LAKE
PARK) RECORDED IN PLAT BOOK 8, PAGE 35, PUOIIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
RUN IFOR THE PURPOSES Of THIS DESCRIPTION THE NESTERIY RIGHT-OF-NAY
LINE OF SAID STATE ROAD N0. 5 PASSING THROUGH THIS POINT IS SAID TO
BEM NORTH 00'00'00' NEST AND All OTHER .BEARINGS HEREIN MENTIONED ARE
REIATiYE THERETO);
THENCE NORTH 89'57'15' NEST, A OISTMCE Of 703.73 fEET TO THE POINT OF
BEGINNING Of THE HEREIN DESCRIBED PARCEL OF LAND;
lof 2
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1
1
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LINECOFCSAIDNPALNEiTO ROAD ASDISTANCELOfG297E100FEETRTO THEHBEGINNING
OF A CURYE CONCAVE TO THE NORTH HAYING A RADIUS OF 116.25 FEET ANO A
CENTRAL ANGLE Of 35.00'00';
THENCE NESTERLY AND NORTHNESTERLY ALONG THE SAID NORTHERLY RIGHT-OF-NAY
LINE A DISTANCE OF 89.31 FEET TO THE END Of SAID CURYE AND THE BEGINNING
OF A CURYE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 116.12 FEET AND A
CENTRAL ANGLE OF 43'20'25';
THENCE NORTHNESTERLY AND NESTERLY ALONG THE ARC OF SAID CURYE AND ALONG
THE SAID NORTHERLY RIGHT~OF-NAY LINE A DISTANCE OF 311.99 FEET TO THE END_
OF SAID CURYE;
THENCE SOUTH 81.42'20' NEST ALONG THE TANGENT OF THE JUST NENTIONED CURYE
AND ALONG THE SAID NORTHERLY RIGHT-OF-NAY LINE A DISTANCE OF 219. 5f FEET,
HORE OR LESS, TO A POINT IN THE EAST LINE OF ADDITION N0. 3, LAKE PARK,
FLORIDA AS SANE IS RECORDED IN PLAT BOOK 27, PAGE 76, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 01'58'31' EAST, RUNNING ALONG iNE SAID EAST LINE OF PLAT
BOOK 27, PAGE 76, A DISTANCE OF 214.86 FEET;
THENCE NORTH 88.41'21' EAST, A DISTANCE Of 322.53 fEET;
THENCE NORTH 0!'10'39' NEST, A DISTANCE OF 402.69 FEET;
THENCE NORTH 08'41'21' EAST, A DISTANCE OF 709.91 FEET;
THENCE SOUTH !1'DB'/6' EAST, A DISTANCE OF 135.43 FEET
THENCE NORTH 78'51'14' EAST, A DISTANCE OF 113.01 FEET, MORE OR LESS,
TO A POINT IN THE NESTERLY RIGHT-Of-MAY OF THE AFORESAID STATE ROAD
N0. 5, SAID POINT ALSO A POINT IN A CURYE CONCAVE TO THE NEST, HAVING
A RADIUS OF 11,391.22 FEET ANO NHOSE TANGENT PASSING THROUGH SAID POINT
BEARS SOUTH 11'03'17' EAS1;
THENCE SOUTHERLY ALONG THE ARC Of SA10 CURVE AND ALONG THE NESTERLY
RIGHT-OF-NAY Of SAID STATE ROAD N0. 5 SUBRENDING AN ANGLE OF 00'19'48'
A DISTANCE OF 165.06 FEET;
THENCE SOUTH 88'10'51' NEST AND RUNNING ALONG THE NORTH FACE OF CURB
LYING NORTH OF THE J.M. FIELDS BUILDING A DISTANCE OF 631.31 FEET;
THENCE SOUTH 01'19'04' EAST AND RUNNING ALONG THE EAST FACE OF THE J.N.
FIELDS DUILOING A DISTANCE OF 120.27 FEET;
THENCE SOUTH 88'10'56' kEST ANO RUNNING ALONG THE NORTH FACE OF THE
J.N. FIELDS BUILDING A DISTANCE OF 11.00 FEET;
THENCE SOUTH 01'19'01' EAST, A DISTANCE OF 152.45 FEET;
THENCE NORTH 88'43'22' EAST, A DISTANCE OF 10.56 FEET;
THENCE SOUTH 01'17'40' EAST, A DISTANCE OF 210.55 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING.
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