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2003-03 Commercial PUD for Village ShoppesORDINANCE 03-2003 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COMMERCIAL PLANNED UNIT DEVELOPMENT UPON THOSE CERTAIN LANDS LOCATED AT THE CORNER OF NORTHLAKE BOULEVARD AND U.S. HIGHWAY 1 (FORMERLY KNOWN AS THE TWIN CITY MALL) LOCATED IN C-3 REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS ATTACHED HERETO AS EXHIBITS, WHICH PLANS ARE EXPRESSLY MADE A PART HEREOF; ESTABLISHING PROJECT SPECIFIC DEVELOPMENT STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of North Palm Beach, Florida, created the C-3 Regional Business District under Ordinance No. 8-95 which was subsequently codified as Section 45-34.1 of the Code of Ordinances of the Village; and WHEREAS, subject real property was rezoned to C-3 Regional Business District by Ordinance No. 9-95 of the Village; and WHEREAS, the C-3 Regional Business District provides for and allows for the approval of a Planned Unit Development (PUD) thereon to encourage economical, efficient and imaginative design, and application has been made for approval of a PUD on the subject real properties; and WHEREAS, the Village Council of the Village of North Palm Beach, Florida, has held a joint meeting with the town commission of the Town of Lake Park, Florida, for the purpose of coordinating the approval of a Planned Unit Development on the subject real property formerly known as the Twin City Mall; and WHEREAS, the applicant has presented plans and other development specifications for the PUD project on the real property, and testimony has been presented by the property owner and other interested parties. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the application for a commercial Planned Unit Development on the real property more particularly described in Exhibit "A" attached hereto and made part hereof submitted by the Village Shoppes at U.S. 1, L.L.C.. The Planned Unit Development shall be in accordance with the maps, plans, drawings and other documents submitted therewith and reviewed by the Village's Public Services Department, Planning Commission and the Village Council and any recommendations and modifications approved thereto by the Village and subject to the provisions of Section 45-34.1, C-3 Regional Business District, and other applicable sections of the Code of Ordinances of the Village and law, and the special conditions, and modified development standards as provided herein and in Section 45-34.1 of the Code of Ordinances of the Village. Section 2. The uses permitted on the subject real property shall be those described in Section 45-34.1 of the Code of Ordinances of the Village in effect at the time of the passage of this ordinance. Section 3. The approved conceptual site development plan for this commercial planned unit development is attached as composite Exhibit "B" consisting of four (4) sheets entitled respectively CSP-1, SP-1 last revised 1/14/03, L-1 last revised 1/14/03 (Landscape Development Plan), L-2 last revised 1/14/03 (Landscape Specification Sheet), P-1 last revised 1/14/03 (Photometric Development Plan), all prepared by Gentile Holloway O'Mahoney & Associates, Inc., which said exhibit is made a part hereof, together with sheet A-1, last revised 1/23/03 and sheet EL, last revised 1/3/03, prepared by the Sun Group, Inc., with the following amendments and conditions: 1. That only two monument signs will be permitted, one on U.S. Highway One and one on Palmetto Drive; that neither sign may have any tenant names on them. Each monument sign may include the name and address of the subject property. The specific locations of the two (2) monument signs as set forth on composite Exhibit "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. 2 2. That all ground-mounted equipment shall be screened from view from all public rights-of--way. 3. That all existing roof-mounted equipment shall be screened from view from all public rights- of-way with a parapet wall as shown on the Site Development Plan, Sheet SP-1 attached hereto as Composite Exhibit "B"; all roof-mounted equipment which is installed in the future shall be screened and shall be painted to match the color of the building. 4. That the landscaping on U.S. Highway One shall be as shown on Sheets L-1 and L-2 attached hereto as Composite Exhibit "B". 5. That lighting in the parking lot be mounted on poles not to exceed 37 feet in height and the light fixture itself be a metal halide fixture of a shape and style compatible and equivalent to the fixture shown on Sheet SP-1 attached hereto as Composite Exhibit "B". 6. That the cross parking agreement with the adjacent landowner to the north and west shall be maintained in perpetuity. 7. That the developer and Village staff may work together to make minor changes such as shifting locations and styles of storefronts, doors and windows as necessary to accommodate a tenant. 8. That the developer shall return to a joint meeting of Lake Park and North Palm Beach Planning and Zoning Boards for the approval of a concept plan for tenant signage. 9. The Village logo being a ship's wheel shall be placed on the southeast corner of the planned unit development. The Village shall provide and install the logo at its expense. 10. That the developer's landscape architect shall certify to the Village of North Palm Beach that the landscape improvements have been completed pursuant to the approved landscape plans prior to the issuance of a certificate of occupancy for the property. 11. That the following waivers are hereby granted with this approval: a. From Section 45-34.1(2), Off-Street Parking, and Section 45-34.1(3), Off-Street Loading and Internal Circulation of the Village Code, to allow for a minimum of 432 parking spaces on site and for the size and configuration of the parking spaces to be a shown on SP-1 included within Composite Exhibit "B" attached hereto. 3 b. From Section 45-34.1(4)a., Landscaping, to provide for a landscaped buffer between Palmetto Road and the off-street parking areas along the south boundary of the Property of between 3.5 feet and 21.8 feet with at least five (5) trees and eighteen (18) shrubs for each one hundred (100) lineal feet of buffer along Palmetto Road, as shown on L-1 and L-2 included within Composite Exhibit "B" attached hereto; and c. From Section 45-34.1(4)b., Landscaping, to provide for the interior landscaping for unroofed parking areas as shown on L-1 and L-2 included within Composite Exhibit "B" attached hereto. d. From Section 45-34.1(5), Setbacks and Height, to waive the setback requirement along the north and west boundaries of the Property and to permit the existing structures to exist in their current locations and as currently set back as shown on the SP-1 included within Composite Exhibit "B" attached hereto. Section 4. If there is any conflict between the written terms of this Ordinance and the Site Development Plan set forth as Composite Exhibit `B", the terms of this Ordinance shall prevail. Section 5. Prior to issuance of building or other permits by the Village of North Palm Beach, applicant shall submit for approval a recordable unity of title for the commercial planned unit development lands described in Exhibit "A" in lieu of platting the property. Upon approval by the Village attorney, the unity of title shall be recorded in the Public Records of Palm Beach County, Florida, at the cost of applicant. Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 8. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 23rd DAY OF JANUARY, 2003. 4 PLACED ON PUBLIC HEARING THIS 13th DAY OF FEBRUARY 2003. PLACED ON SECOND, FINAL READING AND PASSED THIS 13th DAY OF FEBRUARY, 2003. (VILE ATTE 5 ax:i ra r'r ~ TRACTI A certain parcel of land in Section 21, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the Intersection of the westerly right-of-way line of Slate Road _ No. 5 es described In a deed from Tesdem, Inc. to the State of Florida es same is recorded in Deed Book t?3a, Page 25, Public Records of Pslm Beach County, Florida with the northerly ngnt-ot-way of Palmetto Rcad as shown on the Plat d Kelsey City (now Lake Park) as same Is recorded fn Plat Book 8, Paga 35, Public Records of Palm Beach County, Florida, and from said point of Intersection run (for convenience the said northerly right-af-way Ilne of Palmetto Road Is assumed to bear North 89'57'15' West and all other bearings mentioned herein are relative thereto), North 89'57'15" West running along the said northerly right-of-way line a dstance of 468.28 feet; thence North 7'27'45" West, a distance of 247.44 feet: thence South 88'4372' West a distance of 249.34 feet to a point in a line parallel witlt and one fool westerly from (measured al right angles to) the westerty wall of the Truck Well so called at the westerly end of the J.h1. Fields Store Building, sa called: thence North 01't 9'Q4' West, along said parallel line, a aistance d 152.45 feet, more or less, to a point in the westerly extension cf the Ne+',h face of file South wall of the Garden Shop so filled, said Garden Shop !orated in the Norttnvesteny comer of the said J.M. Fields Store Building; thence North 88'40'56' East along the just said westerly extension and along the just said North face of the South wall a distance of 41 feet, more or less, to a point in the West (ate of the Eabt •nall of said Garden Shop; thence North 01'19'04' West running along the just said West face of the Easl wall and the northerly extension thereof a distance of 120.27 feet, more or less, to a point in the face of the curb, said Curb being 20.26 feet northerly from and parallel with the fete of the North wall of said building; thence North 88'40'56' East running along the said face of the curb and its Easterly extension of a distance d 637.31 feet, more or lass, to a pout in the said westerly right~;f•way line of State Road No. 5, said point being also a point on a Curve concave t0 the West, having a radius of 1 1393.22 feet and whose tangent passing through said point bears South 10'13'29" East; thence Southery running along the arc cf the just desuibed curve and along the sold `Nesterly right-af-way Ilne subtending a central angle cl 01.48'07", a distance of 358.34 feet, more or less, to the end d said curve: thence South 81'34'38" Wesl running along a Ilne radial to the Just described curve and radial to the next described curve and oontinuing along said westerly right-ot-way Itne a distance of 5 feet to a point In a txirve t~nC3va to t11e West, being concenVlC with the last described curve and having a radue of 11389.22 feet: thence Southerly running along the arc of the just described curve and continuing along the said Westerly right-0f--way fine; suCtending a central angle of 00'Z5'22', a distance of 84.04 feet to the and of sold carve; _ thenco South 08°00'00' cast along the Westerly right-0f-~vay Tine a distance rf 9 i .77 feet, more cr less, to the PCINT OF BEGINNING. TRACT II A parcel 01 lend lying in Section 21, TOwnBhlp 42 South, Range 43 East, palm Beach County, Florida, baing more particularly described as follows: Commence et the intersection of the Westerly Rlght~f--way line of Sate Road No. 5, as described In Oeed from Tandem, Incorporated to the State of Florida, recorded In Deed Bcok 838, Page 25. PUDIIC Records d Palm Beach County, Florida, with the Northerly right-af-way Ilse of Patme~ Road, as shown on the Plat of Kelsey City (now Lake Park), recorded in Plet Book 8, Paga 35, Public Records of Pelm Beach County, Florida; thence Westerly, alalg s8id Northerfy right-of-way Ilne, a distance of 488.28 feet Do a point On a portion of Ute Waetarly boundary of Chet certain parcel of land described In Official Records Book 33x3, Page 1786, PuDllc Records of Palm Beech County, Florida, and the point of beginning of the hereinafter desuibed parcel; theree Northerly along said Westerly boundary, making an angle with the preceding ooursa, measured from East to North of 87'30'30", a distance of 24.7.44 feet to a point; thence Westerly, making an angle with the preceding course, measured from South to West of 96' 11'07", a distance of 208.80 feel to the of the Eastsrty boundary of that certain parcel Of land describe0 In Official Records book 3259. Page 276, Public Records of Pelm Beach County. Florida; thence Southerly, along said Easterly boundary, making en angle with the preceding course, measured from East to South of 89'58'52', a distance of 240.56 feet to a point on said Northerly right-af-way Ilne, making an angle with the preceding course, measured from North to East of 91'20'25', a distance of 235.45 feet to the point of beginning. ~5. - A GONTNADIIS WOTIVE IEIXf, td' OA AT TFE OF PLANTIYa 4lL DE PROVpED 4LO+G T1E PERFETER OF TiE PROPERTY. - RECIR~D L405C.APE DHALI 1Y11DE AT LEAST t5i NATM1E TREES NO 501E NATNE 6H2D5. - a FIlyr NRCMATIC IRRYrAT10N SYSTEI'L EaSPPED PITH d RAN SENSOR !HALL PROVIDE 100f GO.:ER.d~#. FAN. DRFB ldlb'~d+4^ ~ O~ : •.o... u.. D :e., .. ~', ~~ I ~;~ ,. ~ ~ I Ry.,L nuo-,.ic, r.':.~.~b,..~ ° ux~.+o ~• II ~ l~ i ,' ' ~ ~-~ I ;7 PREVIOUSLY APPROVED CONCEPTUAL P.U.D. i ~ ~"' °°" PERIMETER BUFFER: TREES REO/ftED: 6 TREES ' ' t6lT LFlIS LF. 8 TREED) TREES PROVIDED. O TREES • ~ _ - iJ ' ~'sT+L - ~ S' LbOSCJFf DIFFER IRE ~O ..~ - ROJL. BUFFER •~rtnru~i i _ _, TREES REaIIRED: It TEES l5l9 lFll0 LF. • It TREES) -QIU+II°'1• ~ IPlTOIL TREES PROVIDEP. 11 TREES TI PER ]S'J I ~ D' LA105CAPE DRYER L___~J ---~ ~ . • ~T.-., crj.J~ TREE5 REOAIRED: D TREES (SSI LFI15 LF. • D TREES) TREES FRONDED: t TREES S' LA`IDSOdPE DIPPER PApCNi ' PAwCwIS~ -~~~~ INTERIOR AREA LAND'/'APING REQUIREM NTS- TOTd1 PAVED dREA T•J3°3i DF. NrtY REO'D M. LdND50A/•E AREA RDYs1 8F. (IOiJ PROVIDED LdOKdPE dF~d 16pgD bF. lD.diJ TOTAL M. TREES RE09 D0 TREES TOTAL M. TREES FRONDED 15 TREES F TREES REQUIRED: !5 TREES lt03 LFJ10 LF. • !S TREES) TREES PFIDVIDED: h TREES t1 PER i5'J t5'-IID' LANpSGAPE dFFER 0 50 100 100 !00 ~~•••i•t••,1 uscp dowry !~• .N DWYwwM fardw• sn ~ ~.:. v.. e w~-~s-east !~ Sw-sss~.e ru v A ,~ ^^V u i~ ~I C ~` ~ V ~~I ...1 ~~ ID ~~ crg a... GOnOCIDtud I SILO DGVCIO(J. 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