R2020-86 Crystal Cove Commons CPUD AmendmentRESOLUTION 2020-86
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE
CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT
DEVELOPMENT TO ALLOW FOR METES AND BOUNDS SUBDIVISION OF
THE PROPERTY INTO THREE PARCELS AND PROVIDE FOR CONDITIONS
OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the enactment of Ordinance No. 2017-09 on June 22, 2017 ("PUD Ordinance"),
the Village Council approved the Crystal Cove Commons Commercial Planned Unit Development
("CPUD") on property located at 1201 U.S. Highway One and legally described as Lots 1 and 2 of
the Golfview 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 ("Property"); and
WHEREAS, Section 7 of the PUD Ordinance provides that the Village Council may approve minor
modifications to the CPUD by resolution without the necessity of review by the Planning
Commission, advertisement or public hearing; and
WHEREAS, through the adoption of Resolution 2018-19 on February 22, 2018, the Village Council
approved minor amendments to the CPUD to remove a tower feature and modify a door location; and
WHEREAS, through the adoption of Resolution 2018-90 on October 25, 2018, the Village Council
approved minor amendments to the CPUD to reflect as -built conditions, specifically: reconfiguration
of the parking lot to allow seven additional spaces; approval of new security lighting and the addition
of three fixture types; and minor changes to the architectural plans and material boards (removal of
approved exterior horizontal reveals, a change in color to the fagade, additional awnings and a change
in awning color); and
WHEREAS, the owner of the Property, Pearland RJR, LLC ("Applicant"), is requesting to modify
the CPUD to allow for metes and bounds subdivision of the Property into three parcels and
conveyance to third parties; and
WHEREAS, the Village Council determines that the Applicant's request meets the definition of a
minor amendment to the CPUD and that the adoption of this Resolution is in the best interests of the
residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. As authorized by Section 7 of Ordinance No. 2017-09, the Village Council hereby
approves a minor modification to the Crystal Cove Commons CPUD to allow for the metes and
bounds subdivision of the Property into three separate parcels.
Section 3. The Village Council's approval of the minor modification is subject to the following
conditions, which shall be enforced in the same manner as those conditions set forth in PUD
Ordinance:
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A. The entire CPDD Property shall be subject to a Unity of Control document and each property
owner within the CPUD shall be subject to the Unity of Control. The Applicant shall submit
and obtain written approval of the Unity of Control document from both the Village Attorney
and the Community Development Director, and such Unity of Control document shall contain
controlling provisions that require all owners of the Property to consent to further
redevelopment plans for the Property by any property owner within the CPDD where such
plans are consistent with the "key redevelopment site" improvements identified for the
Property in the Village's Land Development Code (as set forth in Section 45-35.1, Figure 45-
3 5.1-13-1 (Crystal Cove Regulating Plan) and Figure 45-25.1-B-2 (Crystal Cove Illustrative
Plan)), and such plans are desired and approved by the Village and are not otherwise in
violation of existing documents governing and encumbering the Property and recorded in the
public records as of the effective date of this Resolution. Applicant shall record the Unity of
Control in the public records prior to the conveyance of any parcel within the CPDD Property
to a third party.
B. All common areas within the CPDD shall be subject to joint maintenance by all of the property
owners within the CPDD. Common areas shall include all areas within the CPDD intended
for the common benefit of all property owners and invitees, including, but not limited to,
driveways, parking areas, pedestrian areas, plazas and landscaped areas. The Unity of Control
document shall provide for reciprocal easements over all driveways, parking areas and
pedestrian areas in favor of all property owners within the CPDD.
C. The Applicant agrees and acknowledges that the Village shall treat the entire CPUD as one
project, and that any application to amend or modify the CPUD may only be initiated with the
consent of all property owners within the CPDD. All property owners shall be jointly and
severally liable for any violations of the conditions of approval for the CPDD or any violations
of the Village Code relating to the common areas as defined in subsection B above.
D. On or before March 1, 2021, the Applicant shall satisfy and otherwise resolve all outstanding
code violations relating to outdoor seating and landscaping existing as of the effective date of
this Resolution. Nothing ' set forth herein shall modify any order entered by the Code
Enforcement Special Magistrate, including, but not limited to, the imposition of fines and/or
liens arising from such violations.
Section 4. To the extent not expressly modified herein, all otlyr provisions of the PUD
Ordinance, as previously amended, shall remain in full force and effe / a
a
Section 5. This Resolution shall take effect immediately
PASSED AND ADOPTED THIS 10TH DAY OF DE
(Village Seal)
CE MAYOR
ATTEST:
;x
VILLAGE CLERK
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