2015-08 Northlake Storage CPUDORDINANCE NO. 2015-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL
PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 2.34 ACRES OF
REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF
NORTHLAKE BOULEVARD AND SOUTHWIND DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE
DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE
PLANS, SPECIFICATIONS, 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, Flagler Bank and PSI Atlantic NPB FL, LLC ( "Applicants "), the collective owners
of real property totaling 2.34 acres located at the northeast corner of Northlake Boulevard and
Southwind Drive (545 -555 Northlake Boulevard) ( "Property "), filed an application for approval
of a Commercial Planned Unit Development ( "CPUD ") pursuant to Section 45 -35.1 of the
Village Code of Ordinances; and
WHEREAS, the Village's Planning Commission formerly approved a site plan for the Property,
which is currently improved by an existing two -story bank building; and
WHEREAS, the Property is currently zoned C -1 Neighborhood Commercial, has a future land
use designation of Commercial, and is subject to the provisions of the Northlake Boulevard
Overlay Zoning District; and
WHEREAS, the Property is currently encumbered by both: (1) an Amended and Restated Unity
of Title dated October 27, 2007 and recorded in Official Record Book 22223, Page 1542 of the
public records of Palm Beach County; and (2) a Declaration of Covenants and Restrictions dated
December 30, 2014 recorded in Official Record Book 27252, Page 593 of the public records of
Palm Beach County providing for unity of control; and
WHEREAS, the Applicants are seeking to modify the approved site plan for the Property and
obtain approval of a CPUD in order to construct a limited access self - storage facility on the
Property; and
WHEREAS, the Village Council determines that the CPUD 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 CPUD in accordance with
the plans and specifications submitted by the Applicants, subject to the approved modifications
or "waivers" to the Village's land development regulations and conditions set forth herein; and
WHEREAS, the Village Council determines that approval of this Ordinance is in the best
interests of the residents and citizens of the Village of North Palm Beach.
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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.
Section 2. The Village Council hereby creates a Commercial Planned Unit Development
( "CPUD ") on approximately on approximately 2.34 acres of real property located at the
northeast corner of Northlake Boulevard and Southwind Drive (545 -555 Northlake Boulevard),
as more particularly described as follows:
Lots 10, 11 and 12, Block 55, Village of North Palm Beach Plat No. 5, according
to the Plat thereof, as recorded in Plat Book 26, Page 6 of the public records of
Palm Beach County, Florida.
Section 3. The Village Council hereby determines that the proposed self - storage facility use
is similar in nature to listed uses within the Northlake Boulevard Overlay Zoning District
( "NBOZ ") and is not contrary to the intent of the NBOZ.
Section 4. The Applicants shall develop the CPUD in accordance with the following plans
and specifications on file with the Village's Community Development Department:
A. Site Plan prepared by Gentile Glas Holloway O'Mahoney & Associates, Inc. dated
November 14, 2014 and last revised on February 20, 2015, consisting of one sheet (SP -1);
B Landscape Plan prepared by Gentile Glas Holloway O'Mahoney & Associates, Inc. dated
November 14, 2014 and last revised on February 20, 2015, consisting of two sheets (LP -1
and LP -2); and
C. Floor Plans and Elevations for the self - storage facility prepared by Anthony LePore,
Architect dated February 23, 2015, consisting of four pages (A -1 through A -4).
Section 5. In approving the CPUD, 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 7 -6 (Table 7 -6) of Section 45 -35.3 of the Village Code of
Ordinances to allow for a total of two (2) monument signs. The Code allows for one (1)
monument sign per parcel;
B. Waiver from Section 7 -6 (Table 7 -6) of Section 45 -35.3 of the Village Code of
Ordinances to allow the top of the wall sign to be mounted at 32 feet. The Code requires
that wall signs be mounted 6 inches below the roof at sign location or at a maximum of
18 feet for a two -story building; and
C. Waiver from Section 45- 33(G)(4)iii of the Village Code of Ordinances to allow three
levels of limited access self - storage. The Code requires that limited access self - storage
facilities be a maximum of two stories with architectural treatment to reflect the actual
number of stories.
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Section 6. To the extent not modified in Section 4 above, the Applicant shall develop,
operate and maintain the Property in accordance with all Village Code requirements. The
Village Council's approval of the CPUD is subject to the following additional conditions:
A. Separate site improvement permits and applications shall be required for: (1) paving,
grading, drainage, water and sewer improvements; (2) site lighting; (3) landscaping; and
(4) irrigation.
B. Prior to the issuance of a Certificate of Occupancy for the self - storage facility, all roof
top and ground mounted mechanical equipment shall be screened from view with
materials approved by the Village.
C. Any newly installed utility services and service revisions shall be located underground.
D. Any minor or major amendments to the Site Plan must comply with Section 45 -35.1 of
the Village Code of Ordinances.
E. 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 7. The Applicant shall construct all of the improvements identified in the plans and
specifications listed in Section 3 above within one (1) year of the effective date of this
Ordinance. The Village Council may grant one additional one (1) year extension to this build -
out date by resolution without the need to amend this Ordinance. In the event the improvements
are not completed within the specified timeframe, the Property shall be governed by the existing
site plan approval.
Section 8. A violation of any of the requirements or conditions of this Ordinance shall be
enforced in the same manner as a violation of a Code provision or ordinance in accordance with
Article IV of Chapter 2 of the Village Code of Ordinances.
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;
B. Any change in 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 height to the buildings located on the Property; or
E. Any relocation of parking areas resulting in a net reduction in the total number of parking spaces.
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Section 10. Each of the conditions and requirements of this Ordinance shall be binding upon
the Applicants and their successors in interest or assigns and shall be deemed covenants running
with the land.
Section 11. 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 12. 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.
Section 13. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 23RD DAY OF APRIL, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14TH DAY OF MAY, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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