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2012-11 Village Shoppes PUD Amendment ORDINANCE NO. 2012-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 03-2003 TO AMEND THE VILLAGE SHOPPES PLANNED UNIT DEVELOPMENT TO ALLOW FOR THE INSTALLATION OF MONUMENT SIGNS CONSISTENT WITH VILLAGE CODE REQUIREMENTS, TO GRANT A WAIVER FOR ONE ADDITIONAL MONUMENT SIGN ALONG U.S. HIGHWAY ONE, AND TO PROVIDE A PROCEDURE FOR FUTURE MINOR MODIFICATIONS TO THE PUD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 03-2003 ("PUD Ordinance"), the Village Council approved a Planned Unit Development within the C-3 Regional Business District on a portion of the former Twin City Mall site now known as "Village Shoppes" on property legally described in Exhibit"A" attached thereto("Property"); and WHEREAS, as required by Section 45-34.1(10)(f) of the Village Code of Ordinances, the Village Council held a joint meeting with the Town Commission of the Town of Lake Park for the purpose of coordinating the approval of the Village Shoppes PUD; and WHEREAS, Village Shoppes at U.S. 1, LLC, the property owner, has requested a modification to the PUD Ordinance to: (1) grant a waiver to authorize one additional monument sign; (2) allow for the installation of monument signs on the Property in accordance with Village Code requirements; and (3) provide a procedure for future minor modifications to the Village Shoppes PUD; and WHEREAS, the Village Planning Commission conducted a joint meeting with the Town of Lake Park Planning and Zoning Board to consider the proposed amendments to the PUD Ordinance; and WHEREAS, the Village Council has considered the recommendations of the Village Planning Commission and has conducted a joint meeting with the Town Commission of the Town of Lake Park to consider the proposed amendments to the PUD Ordinance; and WHEREAS, having considered the application and the testimony and evidence presented by interested parties, including input from the Town Commission of the Town of Lake Park, the Village Council determines that the proposed amendment is consistent with the Village Zoning Code and Comprehensive Plan and is in the best interests of the residents and citizens 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. 410 Page 1 of 3 Section 2. The Village Council hereby amends Ordinance No. 03-2003 by amending 41) Condition 1 of Section 13 to read as follows (additional language underlined and deleted language is strieken-thfaugh): 1. That only twe three monument signs will be permitted, one two on U.S. Highway One and one on Palmetto Drive; and the monument signs shall comply with each of the requirements set forth in Section 6-115 of the Village Code of Ordinances for which a waiver has not been granted. that neither sign may have any tenant names on them. Each monument sign - .. -- .. - .. : .: : - -- . : - . . . . The specific "B" are approved. That the developer shall return to a joint meeting of Lake Park and North Palm Beach Planning and Zoning Boards for approval of a concept plan for monument signs. Section 3. The Village Council approves the installation of replacement monument signs at the locations specified in Ordinance No. 03-2003 and the installation of an additional monument sign at the location specified in Exhibit"1" attached hereto and incorporated herein by reference. All monument signs shall be constructed as depicted in the graphic representation attached hereto as Exhibit"2" and incorporated herein by reference. Section 4. The Village Council hereby amends Ordinance No. 03-2003 by deleting Condition 8 of Section 13 in its entirety(deleted language is stricken through): Palm Beach Planning and Zoning Boards for the approval of a concept plan for the tenant signage. Section 5. The Village Council hereby amends Ordinance No. 03-2003 by amending Condition 11 of Section 3 to read as follows (additional language is underlined): 11. That the following waivers are hereby granted with this approval: * * * e. From Section 6-115(c)(1)b, Permitted Permanent Accessory Signs, to allow for two signs along the parcel frontage for the U.S.. Highway One right-of-way. Section 6. The Village Council hereby amends Ordinance No. 03-2003 to provide for minor modifications to the approved Planned Unit Development. The Village Council may approve subsequent minor modifications to the Planned Unit Development by resolution without the necessity of conducting a joint meeting with the Lake Park Town Commission, review by the Planning Commission, advertisement or public hearing. The following modifications shall not • be considered minor: Page 2 of 3 1 A. Any increase in the total square footage or the footprint of any principal structure; • B. Any change in access to the Property; C. Any variance to the C-3 zoning regulations or additional waiver to the Village's land development regulations; D. Any increase in height to the buildings located on the Property; E. Any changes to parking areas impacting existing landscape buffers or resulting in a net reduction in the total number of parking spaces; or F. Any relocation of dumpster or loading areas. Section 7. 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 8. All Ordinances or parts of Ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Ordinance No. 03-2003, unless expressly modified herein, shall remain in full force and effect. Section 9. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 25th DAY OF OCTOBER, 2012. PLACED ON SECOND,FINAL READING AND PASSED 1 IS : DAY,41 NO MBER,2012. 1,PC4.Vri./ '..i,. "1- , AtitiftlY4 Air • '�iilage Seal) �3� : i' T ; �''f ` MAYOR kij ''. i AhbT::,1 ' -S, -?-eAy_/r;-/-,1/e-.(0 ..:0c _______ VILLAG CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: , ,.... .........„.._0 ••••"" iVILLAGE ATTORNEY Page 3 of 3