2017-07 North Palm Beach Commons Memory Care CPUD ORDINANCE NO. 2017-07
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL
PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 2.72 ACRES OF
REAL PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE
NORTH OF EBBTIDE DRIVE AND SOUTH OF LIGHTHOUSE 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, Urban Design Kilday Studios, agent, on behalf of Commons at North Palm, LLC
and 639 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 two parcels of property totaling approximately 2.72 acres
located on the west side of U.S. Highway One north of Ebbtide Drive and south of Lighthouse
Drive, as more particularly described herein ("Property"); and
WHEREAS, the Property is within the Village's C-lA (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 one-story 37,404 square foot Memory Care facility and a commercial outparcel
building of up to 6,000 square feet on the Property; and
WHEREAS, on February 7, 2017, the Village Planning Commission, sitting as the
Local Planning Agency, conducted a public hearing on the CPUD application; 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 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 a Commercial Planned Unit Development
("CPUD") on approximately two parcels of real property totaling approximately 2.72 acres
located on the west side of U.S. Highway One, north of Ebbtide Drive and south of Lighthouse Drive,
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. Conceptual Site Plan prepared by Urban Design Kilday Studios dated March 7, 2017
(last revised on April 27, 2017) and consisting of one page (SP-1);
B. Landscape Plan prepared by Urban Design Kilday Studios dated March 7, 2017
(last revised on April 27, 2017) and consisting of one page (LP-1);
C. Master Sign Concept prepared by Urban Design Kilday Studios dated January 26, 2017
(last revised on April 27, 2017) and consisting of one page (MS-1);
E. Conceptual Paving, Drainage, Water and Wastewater Plan prepared by Simmons and White
dated January 23, 2017 and consisting of one page.
F. Architectural renderings and color samples prepared by Harvard Jolly Architecture and
Architectural Plans dated April 13, 2017 (showing a revision date of May 11, 2017)
consisting of eight pages (Al.I-A1.2, A2.1-A2.6).
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:
A. A waiver from Section 27-64 of the Village Code of Ordinances to eliminate trees
required for the north buffer spaced at one (1) for every seventy-five (75) lineal feet of
landscape buffer. No trees shall be planted within the north landscape buffer adjacent to
the courtyard (spacing requirements will be modified as depicted on the Landscape Plan).
B. A waiver from Section 45-32(E)7 of the Village Code of Ordinances to provide a total of
seventy-eight (78) parking spaces where one hundred and fifty (150) parking spaces
are required.
C. A waiver from Section 45-36(D) of the Village Code of Ordinances to provide for a wall
eight (8) feet in height adjacent to the outdoor courtyard. The Code limits the height of
walls and fences to six (6) feet.
D. A waiver from Section 45-32(D) of the Village Code of Ordinances to allow for a front
setback of ten (10) feet for placement of the commercial outparcel building. The Code
requires a front setback of fifty (50) 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 Property shall be platted. Applicant shall provide the necessary draft boundary plat
as a re-plat of the Property to address the combination of the parcels and include all
easement/dedication language prior to the issuance of the first infrastructure permit.
B. Prior to the Village's issuance of any infrastructure permits or building permits,
Applicant shall submit the following plans for review and approval by the Village:
1. A mobilization plan and staging plan to the Fire Department, Police Department
and Building Division;
2. An updated Life Safety Plan, which shall comply with all applicable fire safety
regulations and shall address all comments provided by Fire Department staff at
the January 17, 2017 Development Review Committee meeting.
3. An emergency evacuation plan filed with the Police Department and Fire Department.
C. Prior to any special events on the Property, Applicant shall be required to submit a
parking plan with off-site parking, if required, with their special event permit application.
D. Prior to issuance of any infrastructure permits, Applicant shall provide the Village with a
performance bond, letter of credit, escrow agreement or other acceptable surety
agreement in a form and in an amount equal to 110% of the infrastructure improvements
as approved by the Village to assure completion of on-site roadways, drainage and
utility improvements. As improvements are completed and accepted by the Village, the
amount of the performance bond, letter of credit, escrow agreement or other acceptable
surety may be reduced by a proportionate amount as determined by the Village Engineer.
E. Any road closures or right-of-way improvements must obtain prior approvals and/or
permits as required by the Village and/or other applicable authorities.
F. Prior to any permit approvals of lane/median modifications within the right-of-way, the
Village shall review compliance of the left northbound turn lane with the vision of the
Village Master Plan and its implementation. Final applicable approvals from the Florida
Department of Transportation shall be required prior to processing any right-of-way permit.
G. Construction of the project in accordance with the approved plans and specifications
shall be subject to the following time limitations:
1. Applicant shall commence construction within eighteen (18) months from the
effective date of this Ordinance, with the ability to request an administrative
extension of no more than six (6) months if there is evidence that the
development is progressing. Commencement of construction shall be defined as
receipt of a validly issued building permit and the initiation of site improvements
other than land clearing, land filling and soil compaction.
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2. Applicant shall complete construction within thirty-six (36) months from the
effective date of this Ordinance, with the ability to request an administrative
extension of no more than (6) months if there is evidence that the development is
progressing. Completion of construction shall be defined as the issuance of a
Temporary Certificate of Occupancy and/or a Final Certificate of Occupancy for
both the Memory Care facility and the commercial outparcel building.
3. If the Applicant fails to meet the time limitations set forth herein, this Ordinance
shall be automatically repealed by the Village Council and the Village may
initiate rezoning of the Property back to the C-A Commercial District.
H. Prior to or concurrent with the issuance of a Final Certificate of Occupancy for the
Memory Care facility, the Applicant shall obtain a Temporary Certificate of Occupancy
for the finished shell of the commercial outparcel building and complete all site
improvements with the exception of the interior of the commercial outparcel building.
I. Applicant shall enter into a developer's agreement with Seacoast Utility Authority prior
to the recordation of the boundary plat, or no later than six (6) months after the approval
of this Ordinance, whichever occurs first.
J. Separate site improvement permits and applications shall be required for: (1) paving,
grading, drainage, water and sewer improvements; (2) site lighting (photometric plan
demonstrating that the lighting in consistent with Code, that it will be contained on site
and that all LED lighting has a warm tone required prior to issuance of building permit);
(3) landscaping; (4) irrigation; and (5) right-of-way improvements (FDOT approval
required for building permit).
K. Prior to the issuance of any Certificate of Occupancy, all roof top and ground mounted
mechanical equipment shall be screened from view with materials approved by
the Village.
L. All utility services shall be located underground.
M. Prior to the issuance of any building permits, the Applicant shall submit revised plans for
administrative approval by the Community Development Director showing the design of
the bike rack and a designated area for placement of the bike rack measuring at least six
(6) feet by six (6) feet.
N. 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.
O. 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.
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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. New signs or modifications to the approved wall
and monument sign shall be considered minor modifications so long as no additional waivers are
required. 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,
provided, however, if the Village amends the Comprehensive Plan to increase the lot
coverage above thirty-five percent (35%), any such modification to the commercial
outparcel building relating to lot coverage shall be processed as a minor modification
pursuant to this section;
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.
Section 8. Any new signs or modifications to approved signs shall be presented to the
Planning Commission for approval, provided, however, that any changes requiring an additional
waiver shall only be approved by Ordinance.
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.
I [Remainder of page intentionally blank]
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Section 12. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 13TH DAY OF APRIL, 2017.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF .TUNE, 2017.
1
(Village Seal
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MAYOR
ATTEST: _
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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ATTACHMENT A: Ordinance Map & Legal Description
Application No: North Palm Beach Commons Memory Care (2016-0425)
639 US Highway 1
Location: 68-43-42-16-02-009-0030& 68-43-42-16-02-009-0040
Acres: Two (2) parcels totaling 2.72 acres
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parcel B
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PCN:
68-43-42-16-02-009-0030& 68-43-42-16-02-009-0040
LEGAL DESCRIPTION:
THE NORTH 126 FEET OF THE SOUTH 730 FEET OF BLOCK 9, VILLAGE OF NORTH PALM BEACH PLAT NO. 1,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 24,PAGE(S)202,PUBLIC RECORDS
OF PALM BEACH COUNTY,FLORIDA.
TOGETHER WITH:
PARCEL L
A PARCEL OF LAND IN BLOCK 9,VILLAGE OF NORTH PALM BEACH PLAT NO. 1,AS RECORDED IN PLAT BOOK
24, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID BLOCK 9,VILLAGE OF NORTH PALM BEACH,PLAT
NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AT A DISTANCE OF 400 FEET NORTHERLY,
MEASURED ALONG THE WESTERLY LINE OF SAID BLOCK 9,FROM THE SOUTHWESTERLY CORNER THEREOF;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 9, A DISTANCE OF 100 FEET; THENCE
EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO A POINT IN
THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 9, IT
BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5(U.S.HIGHWAY NO. 1),A DISTANCE
OF 100 FEET;THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360
FEET TO THE POINT OF BEGINNING.
PARCEL 2:
A PARCEL OF LAND IN VILLAGE OF NORTH PALM BEACH PLAT NO. 1,AS RECORDED IN PLAT BOOK 24,PAGE
202,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE LINE OF SAID BLOCK 9, VILLAGE OF NORTH PALM BEACH, PLAT NO. 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AT A DISTANCE OF 500 FEET NORTHERLY, MEASURED
ALONG THE WESTERLY LINE OF SAID BLOCK 9, FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE
NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 9, A DISTANCE OF 100 FEET THENCE EASTERLY
PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9, A DISTANCE OF 360 FEET TO A POINT IN THE
EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 9, IT BEING
ALSO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5(U.S.HIGHWAY NO. 1),A DISTANCE OF 100
FEET;THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET
TO THE POINT OF BEGINNING.
PARCEL3:
A PARCEL OF LAND IN BLOCK 9,VILLAGE OF NORTH PALM BEACH PLAT NO. 1,AS RECORDED IN PLAT BOOK
24, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID BLOCK 9,VILLAGE OF NORTH PALM BEACH,PLAT
NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AT A DISTANCE OF 600 FEET NORTHERLY,
MEASURED ALONG THE WESTERLY LINE OF SAID BLOCK 9,FROM THE SOUTHWESTERLY CORNER THEREOF;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 9, A DISTANCE OF 4 FEET; THENCE
EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO A POINT IN
THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG THE EASTERLYLINE OF SAID BLOCK 9, IT
BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5(U.S.HIGHWAY NO. 1),A DISTANCE
OF 4 FEET; THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360
FEET TO THE POINT OF BEGINNING.CONTAINING:2.727 ACRES