2016-04 NPB Surgery Center CPUDORDINANCE NO. 2016-04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL
PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 1.20 ACRES OF
REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE
APPROXIMATELY 450 FEET SOUTH OF THE INTERSECTION OF
U.S. HIGHWAY ONE AND YACHT CLUB 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, Scott Katzman ( "Applicant ") and 872 NPB Enterprises LLC ( "Owner ")
(collectively "Applicants ") filed an application for approval of a Commercial Planned Unit
Development ( "CPUD ") pursuant to Section 45 -35.1 of the Village Code of Ordinances for an
approximately 1.20 acre parcel of real property located at on the east side of U.S. Highway One,
approximately 450 feet south of the intersection of U.S. Highway One and Yacht Club Drive, as
more particularly described herein; and
WHEREAS, the Property is within the Village's C -IA (Limited Commercial) Zoning District
and has a future land designation of Commercial; and
WHEREAS, the Applicant is seeking to obtain approval of a CPUD and a site plan in order to
construct a surgery center on the Property; and
WHEREAS, on October 20, 2015, the Village Planning Commission, sitting as the Local
Planning Agency, conducted a public hearing and recommended approval of the CPUD; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
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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 1.20 acres of real property located on the east
side of U.S. Highway One, approximately 450 feet south of the intersection of U.S. Highway One
and Yacht Club Drive (872 U.S. Highway One), as more particularly described as follows:
Lot 13 and the North 64 feet of Lot 12, Block 70, Yacht Club Addition to the
Village of North Palm Beach, according to the Plat thereof recorded in Plat Book 26,
Page 249 of the Public Records of Palm Beach County, Florida ( "Property "); and
Section 3. The Applicants shall develop the CPUD in accordance with the most current
version of the following plans and specifications on file with the Village's Community
Development Department:
Plans prepared by L3 Healthcare Design, Inc. and by Harris Civil Engineers, LLC on
behalf of L3 Healthcare Design, Inc. (Project 06812001), consisting of the following:
C000
Civil Cover Sheet
L -1888
Survey
C100
Overall Site Plan
C200
Grading and Utility Plan
C400
Site Details
C401
Site and Storm Details
C402
Utility Details
1,100
Landscape Plan
1,101
Landscape Elevations
E -2.0
Site Plan
E -2.1
Site Lighting Plan
A -3.0
Ground (ASC) Overall Floor Plan
A -3.01
Overall Second Floor Plan
A -3.02
Enlarged Ground Floor Plan
A -3.03
Enlarged Ground Floor Plan
A -3.04
Enlarged Second Floor Plan
A -4.0
Elevation (East and West)
A -4.01
Elevation (North and South)
Section 4. 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 45 -32(B) of the Village Code of Ordinances to provide for a height
of thirty -four feet (34') at the required side building line on the north side of the structure.
The Code limits buildings to two (2) stories or thirty feet (30') in height at the required
front, rear and side building lines.
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B. Waiver from the off street parking requirements for medical uses as set forth in the Table
j of Parking Spaces Required incorporated into Section 45 -31 of the Village Code of
Ordinances to provide for forty -three (43) parking spaces (twenty (20) spaces for the first
floor ambulatory surgery center and twenty -three (23) for the second floor medical offices).
The Code requires sixty -five (65) spaces for medical and dental clinics; doctor's and
dentist's offices.
Section 5. 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 surgery center, 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. 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 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.
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 Code provision or ordinance in accordance with
Article IV of Chapter 2 of the Village Code of Ordinances.
Section 8. The Village Council may approve minor modifications to the Commercial
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 and shall be processed in the same manner as a new CPUD application:
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 -lA 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 9. 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 10. 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 11. All ordinances or resolutions in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
Section 12. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 14TH DAY OF JANUARY, 2016.
PLACED ON SECOND, FINAL READING AND PASSED THIS 28' DAY OF JANUARY, 2016.
(Village Seal)
ATTEST:
4W, �1,0
VILLAGE CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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MAYOR