2017-09 Crystal Cove Commons CPUD ORDINANCE NO. 2017-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING THE CRYSTAL COVE
COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 7.86 ACRES OF REAL PROPERTY LOCATED AT THE
NORTHWEST CORNER OF LAKESHORE DRIVE AND U.S. HIGHWAY ONE
CURRENTLY KNOWN AS CRYSTAL TREE PLAZA AND 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, Urban Design Kilday Studios, agent, on behalf of Pearland RJR, LLC and
1201 US Highway 1, LLC, property owners (collectively "Applicant"), filed an application for
approval of a Commercial Planned Unit Development ("CPUD") pursuant to Section 45-35.1 of
the Village Code of Ordinances on a parcel of property totaling approximately 7.86 acres located
at the northwest corner of Lakeshore Drive and U.S. Highway One, as more particularly
described herein ("Property"); and
WHEREAS, the Property is within the Village's C-1 (Neighborhood 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 exterior improvements to the existing 136,432 square foot commercial plaza, including
changes to parking, the fagade, landscaping and signage; and
WHEREAS, on April 4, 2017, the Village Planning Commission conducted a public hearing on
the CPUD application and recommended approval subject to conditions; 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 Crystal Cove Commons
CPUD 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 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 the Crystal Cove Commons Commercial
Planned Unit Development .("CPUD") on a parcel of real property totaling approximately
7.86 acres located at the northwest corner of Lakeshore Drive and U.S. Highway One
(currently known as Crystal Tree Plaza), as more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference.
Section 3. The Applicant 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:
A. Site Plan prepared by Urban Design Kilday Studios dated April 20, 2017 (last revised on
June 12, 2017) and consisting of one page (SP-1);
B. Exterior Improvements Plan prepared by Burton Hersh, P.A. dated March 6, 2017
(excluding the site plan) and consisting of a one page cover sheet (A-000), fifteen pages
of floor plans (A-201 through A-215), ten pages of elevations (A-401 through A-410) —
including a revised west elevation (A-410) and one page of wall sections (A-601);
C. Landscape Plans prepared by Urban Design Kilday Studios dated March 14, 2017
(last revised on June 12, 2017) and consisting of seven pages (LP-1 through LP-7);
D. Master Sign Program resubmitted on June 9, 2017 prepared by Urban Design Kilday Studios
consisting of fifteen pages; and
E. Material Sample Board&Renderings prepared by Burton Hersh,P.A. dated February 22,2017
and consisting of three pages; and
F. Outdoor Seating Addition Conceptual Drainage Plan prepared by Simmons and White
last revised on May 30, 2017 and consisting of one page; and
G. Photometric Plan prepared by Lighting Dynamics, Inc. dated May 18, 2017 (last revised
on June 9, 2017) and consisting of one page (L-1).
Section 4. In approving the CPUD, the Village Council hereby grants the following
modifications or"waivers" from the requirements of the Village's land development regulations:
Parking Waiver:
A. A waiver from Section 45-33(E) of the Village Code of Ordinances to provide for a total
of five hundred and eight-four (584) parking spaces. The Code requires six hundred and
twenty-one (621) parking spaces.
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Landscaping Waivers:
B. A waiver from Section 27-62(b) of the Village Code of Ordinances to allow sixty percent
(60%) of the required shade trees to be palm trees. The Code limits palm trees to fifty
percent(50%) of the required shade trees.
C. A waiver from Section 27-65(a) of the Village Code of Ordinances to provide forty-four
(44) trees in the interior landscape area and reduce the minimum width dimension of each
landscape area to three feet eight inches (3'8"). The Code requires fifty-four (54) trees in
the interior landscape area and the minimum width dimension of each landscape area to
be five feet(5').
Sign Waivers:
D. A waiver from Section 6-115(B)(6) of the Village Code of Ordinances to allow a
centrally located ground sign to depict ten (10) tenants or occupants. The Code limits the
number of occupants on a ground sign to five (5). (Sign Type IA)
E. A waiver from Section 6-115(B)(6) of the Village Code of Ordinances to allow a sign
height of twelve (12) feet for the center ground sign and sign face area of one hundred
(100) feet. The Code limits the height to eight (8) feet and limits the sign face area to
thirty-six (36) feet. (Sign Type IA).
F. A waiver from Section 6-115(C)(2)a of the Village Code of Ordinances to increase the
maximum building wall sign mounting height to thirty (30) feet. The Code limits the
mounting height to eighteen (18) feet. (Sign Types 4A, 4B, 5).
G. A waiver from Section 6-115(C)(2)b of the Village Code of Ordinances to allow four (4)
permanent accessory building wall identification signs facing U.S. Highway One on the
principal building and a sign area of forty (40) feet. The Code allows one (1) permanent
accessory building wall identification sign and limits the sign area to twenty (20) feet.
(Sign Types 3, 4C).
H. A waiver from Section 6-117(D)(4) of the Village Code of Ordinances to eliminate the
distance requirement between the edge of the landscaped area and the sign base. The
Code requires a minimum distance of three (3) feet from the edge of the landscaped area
to the sign base. (Sign Types 1B, 2).
I. A waiver from Section 45-36(Q)(3)i of the Village Code of Ordinances to allow
permanent and accessory structures (including awnings, tables, chairs, umbrellas, fencing,
screening and dividing materials)to be located within five(5) feet of the required twenty-five
(25) foot setback. The Code requires a setback of 16.47 feet (2/3 of 25 feet).
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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. The uses for the commercial plaza shall not exceed 20,500 square feet of restaurant space
per the revised April 2, 2017 parking study. Any increase in this use shall require a
minor modification to the CPUD with supporting data and analysis to demonstrate
adequate levels of parking are maintained.
B. Prior to the issuance of the first building permit, the Applicant shall provide traffic
concurrency approval from Palm Beach County for the additional outdoor seating area
and shall update the Master Sign Plan for consistency with all sign conditions of approval.
C. Prior to the issuance of a permit for landscape improvements, the Applicant shall identify
on the applicable plan(s) the one (1) sabal palm that is required to be replaced along the
U.S. Highway One corridor.
D. A permit for the repair and repaving of the surface parking areas shall be required to be
submitted concurrently with the permit applications for the exterior improvements. The
repair and repaving of the surface parking areas shall be completed prior to the issuance
of a Certificate of Completion for the Project.
E. All umbrellas utilized in outdoor seating areas shall be one solid color fabric per outdoor
seating area with no logos or additional signage on the umbrellas and shall be consistent
with the color palette in the Material Sample Board unless otherwise approved by the
Planning Commission.
F. All exterior LED lighting, including lighting used in the parking area, shall have a warm tone.
G. Awnings over service doorways on the rear fagade of the building shall be replaced with
new fabric awning fabrics (Black Plus fabric by Sunbrella).
H. The signs on the Property shall be subject to the following conditions:
1. Sign Type 4A (Wall Tenant Signs) shall be limited as follows:
a. Sign content shall only include the name and logo of the business all on
one line. The sign shall not depict the nature of the business.
b. The height of the letters for the business name shall not exceed twelve
inches (12") and the logo shall not exceed eighteen inches (18") and shall
not exceed the sign area allowances in the Village's Code of Ordinances,
whichever is more restrictive.
C. All tenant wall signs shall be constructed with black channel letters that are
halo/reverse lit with white light (no external lighting) and consistent with
the approved master sign plan.Nationally branded signage shall be constructed
with channel letters that are halo/reverse lit with white light(no external lighting).
d. Tenant wall signs shall be installed at the same height as the adjacent tenant
sign where feasible and as consistent with the Master Sign Plan. Tenant wall
signs shall not be installed more than 22 feet high on a one-story structure.
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2. Sign Type 4B (Specialty Tenant Signs) shall be limited as follows:
a. Sign content shall only include the name of the business all on one line.
The sign shall not depict the nature of the business or logo.
b. The height of the letters for the business name shall not exceed eighteen
inches (18") and shall not exceed the sign area allowances in the Village's
Code of Ordinances, whichever is more restrictive.
C. All specialty tenant wall signs shall be constructed with matte metallic
silver channel letters that are halo/reverse lit white light (no external
lighting) and consistent with the approved master sign plan. No nationally
branded signage shall be permitted.
3. Sign Type 5 (Tower Tenant Signs) shall be limited as follows:
a. Sign content shall only include the name and logo of the business all on
one line. The sign shall not depict the nature of the business.
b. The height of the letters for the business name shall not exceed eighteen
inches (18") and the logo shall not exceed twenty inches (20") and not
exceed the sign area allowances in the Village's Code of Ordinances,
whichever is more restrictive.
C. All tenant wall signs shall be constructed with black channel letters that
are halo/reverse lit with white light (no external lighting) and consistent
with the approved master sign plan. Nationally branded signage shall be
constructed with channel letters that are halo/reverse lit with white light
(no external lighting).
4. Sign Types 1A and 1B (Free-Standing Project Signs) shall be limited as follows:
a. Sign Type M. Sign height shall be a maximum of twelve feet (12') with a
maximum of ten (10) tenant panels with each panel being no greater than
six (6) square feet and three (3) feet in width.
b. Sign Type 113. Sign height shall be a maximum of eight feet (8') with a
maximum of five (5) tenant panels, with four (4) panels no greater than six
(6) square feet and three (3) feet in width and one (1) panel being no
greater than twelve (12) square feet and six (6) feet in width.
C. All tenant panels for both ground signs shall be constructed with cut plate
aluminum routed letters with a black stucco finish and a white backing,
internally lit with white light and consistent with the approved master sign plan.
The font shall be consistent with the master sign plan unless the tenant has
nationally branded signage, then the tenant may utilize a different font and
color backing.
d. The address number shall not exceed eight inches (8") in height.
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L Separate site improvement permits and applications shall be required for: (1) paving,
grading, drainage, water and sewer improvements; (2) site lighting; (3) landscaping; (4)
irrigation; and (5) right-of-way improvements. The permit application for the repair and
repaving of the surface parking areas shall be submitted concurrently with the permit
applications for the exterior improvements. The repair and repaving of the surface
parking areas shall be completed prior to the issuance of a Certificate of Completion for
the project.
J. Prior to the issuance of a Certificate of Completion for the project, all roof top and
ground mounted mechanical equipment shall be screened from view with materials
approved by the Village.
K. In the event Village or other public facilities are damaged during the construction
process, Applicant shall, prior to the issuance of a Certificate of Occupancy or
Certificate of Completion, as applicable, repair or replace such facilities so that they are
in at least as good a condition as existed prior to construction.
L. 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. 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 7. 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-1 zoning regulations or additional waiver to the Village's land
development regulations;
D. Any increase in the height of the buildings located on the Property; or
E. Any net reduction in the total number of parking spaces.
Section 8. Any new signs or modifications to approved signs shall be presented to the
Planning Commission for approval, provided, however, that any changes to the master sign
program requiring an additional waiver shall only be approved by Ordinance. Notwithstanding
the foregoing, changes to the pedestrian directory sign (Sign Type 2) may be approved
administratively by the Community Development Director.
Page 6 of 7
Section 9. 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.
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 81H DAY OF JUNE, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF JUNE, 2017.
(Village Seal) "
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 7 of 7
EXHIBIT A: Ordinance Map & Legal Description
Application No: Crystal Cove Commons (2017-0528)
Location: 1201 US Highway 1
68-43-42-09-10-000-0010
Acres: 7.86 acres
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LEGAL DESCRIPTION:
THE NORTH 126 FEET OF THE SOUTH 730 FEET OF BLOCK 9, VILLAGE OF NORTH
PALM BEACH PLAT NO. 1, Lots 1 and 2, Golf view Addition to the Village of North Palm
Beach, according to the Plat thereof, recorded in Plat Book 28, Page 199 of the Public Records of
Palm Beach County, Florida. Said lands lying in the Village of North Palm Beach, Palm Beach
County,Florida