2010-22 Shoppes at City Centre Commercial Planned Unit DevelopmentORDINANCE N0.2010-22
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "SHOPPES AT CITY
CENTRE" ON APPROXIMATELY 10.65 ACRES OF REAL PROPERTY
LOCATED WEST OF U.S. HIGHWAY ONE AND SOUTH OF PGA
BOULEVARD (F/K/A "NORTH PALM BEACH MARKETPLACE"), AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE
DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE
PLANS, SPECIFICATION, 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, CF02 Palm Beach III, L.P. ("Applicant" or "Property Owner"), the owner of
approximately 10.65 acres of real property located at 11241 U.S. Highway One, filed an
application for approval of a Commercial Planned Unit Development pursuant to Section 45-35.1
of the Village Code of Ordinances; and
WHEREAS, the Village's Planning Commission formerly approved a site plan for the Property,
which is currently platted and developed as a commercial shopping center and known as North
Palm Marketplace; and
WHEREAS, the Property is currently zoned C-1 Neighborhood Commercial and has a future
land use designation of Commercial; and
WHEREAS, the Property Owner seeks to modify the approved site plan for the property by
upgrading the architectural features, reconfiguring and enhancing the entryway and revising and
modernizing the approved signage program; and
WHEREAS, the Village Council determines that the Planned Unit Development 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 Planned Unit
Development 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 of approval imposed by the Village; 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 Villa e Council hereb creates a commercial Planned Unit Develo ment
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("PUD") to be know as the "Shoppes at City Centre" on approximately 10.65 acres of real
property located at 11241 U.S. Highway One, west of U.S. Highway One and south of PGA
Boulevazd, as more particulazly described in Exhibit "A" attached hereto and incorporated herein
by this reference.
Section 3. The Applicant shall develop the Shoppes at City Centre PUD in accordance with
the following plans and specifications on file with the Village's Community Development
Department:
A. Site Plan, prepared by Urban Design Kilday Studios, dated November 8, 2010, Sheet SP-1
("Site Plan").
B Landscape Plan, prepared by Urban Design Kilday Studios, dated November 8, 2010,
One (1) sheet.
C. Building Elevations and Floor Plan, prepared by Glidden Spina & Partners, dated
September 23, 2010, Sheets A-1 through A-3.
D. Shoppes at City Centre Master Sign Program/Sign Criteria, prepared by Urban Design
Kilday Studios, dated October 14, 2010, four (4) pages.
E. Building Elevation Color Identification Graphic, prepared by Aida Color and Motion
Magic Graphics, undated, One (1) sheet.
F. Monument Sign Elevations and Colors, prepared by Aida Color and Motion Magic
Graphics, undated, One (1) sheet.
Section 4. In approving the Shoppes at City Centre PUD, 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 6-115(c)(1) of the Village Code of Ordinances to allow for two (2)
additional monument signs on the property for a total of three (3) monument signs. Code
allows for one (1) monument sign.
B. Waiver from Section 6-115(c)(2) of the Village Code of Ordinances to allow tenant signs
to be located twenty-one (21) feet above grade for Major Tenant A and B. Code allows
for signs to be placed eighteen (18) feet above grade.
C. Waiver from Section 6-115(c)(2) of the Village Code of Ordinances to allow the
shopping center identification sign to be located twenty-one (21) feet above grade. Code
• allows for signs to be placed eighteen (18) feet above grade.
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D. Waiver from Section 6-115 (c)(1) of the Village Code of Ordinances to allow for fifty-
. seven (57) square feet of sign area for the main U.S. Highway One monument sign.
Code allows for thirty-six (36) square feet of sign area.
E. Waiver from Section 6-111 of the Village Code of Ordinances to allow for up to six (6)
nationally-recognized tenants to use federally-registered signs and logos for their
signage. Code does not address national tenant signage.
F. Waiver from Section 45-33 of the Village Code of Ordinances to allow for the secured
outdoor display of kayaks and inflatable boats with motors during business hours in the
three locations (totaling 330 square feet) identified on the Site Plan. The Applicant may
place one boat rack with three kayaks or inflatable boats in each location (for a total of
nine kayaks or inflatable boats). The maximum height of such displays shall be ten (10)
feet. Code does not allow outdoor display within the zoning district.
G. Waiver from Section 45-33 of the Village Code of Ordinances to allow for the permitted
use of a pharmacy with adrive-through in the area identified on the Site Plan. While a
pharmacy is a permitted use within the zoning district, the Code does not address a
pharmacy with adrive-through.
H. Waiver from Section 27-63 of the Village Code of Ordinances, which requires one tree
per fifty (50) feet of linear frontage along a public right-of--way. Waiver is requested to
allow for a wider project entrance to enhance accessibility to the Property.
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 Shoppes at City Centre Planned Unit Development 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. Applicant shall coordinate and receive approval from the Florida Department of
Transportation prior to closing any public sidewalks on U.S. Highway One for
construction purposes.
C. Prior to the issuance of a Certificate of Occupancy for the buildings, all roof top and
ground mounted mechanical equipment shall be screened from view with materials
approved by the Village.
D. Any newly installed utility services and service revisions shall be located underground.
E. Any outdoor seating for existing restaurants or future tenants shall comply with Section
• 45-36(Q) of the Village Code of Ordinances.
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F. Any minor or major amendments to the Site Plan must comply with Section 45-35.1 of
• the Village Code of Ordinances.
F. The construction of the future pharmacy with drive-through referenced in Section 4.G
above shall require a Site Plan Amendment in accordance with Article III of Chapter 6 of
the Village Code of Ordinances. The Applicant shall also be required to meet all
applicable concurrency and permitting requirements for construction of the pharmacy
with drive-through.
G. The outdoor display of kayaks and inflatable boats during business hours referenced in
Section 4.F above shall, at all times, be maintained in a neat, clean and orderly manner.
H. The Shoppes at City Centre PUD shall be unified under title as an indivisible building
site and shall be considered as one parcel of land in that no portion of this parcel shall be
separately sold, transferred, devised or assigned except in its entirety. Should the
Property Owner or its successor in interest wish to convey any portion of the PUD to a
third party, the Property Owner or its successor shall, prior to making any such
conveyance: (1) subject the entire PUD to a unity of control in the form of a declaration
of condominium or declaration of covenants, restrictions and conditions requiring
membership in a property owner's association; and (2) obtain the written approval of the
unity of control from the Village of North Palm Beach. The Property Owner shall file a
written declaration reflecting this requirement in the public records of Palm Beach County
in a form approved by the Village Attorney.
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. In the event the improvements
are not completed within the specified timeframe, the Property shall be governed by the existing
North Palm Marketplace site plan approval.
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 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:
A. Any increase in the total square footage or the footprint of any principal structure;
• B. An chan a in access to the Pro ert
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C. Any variance to the C-1 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 ofparking areas resulting in a net reduction in the total number ofparking spaces.
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. The written declaration referenced in Section S.G above shall include a statement
that the Property shall be developed in accordance with the conditions and requirements of this
Ordinance.
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, resolutions or prior development permits or approvals relating to
the Property 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 18th DAY OF NOVEMBER, 2010.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9th DAY OF DECEMBER 2010.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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VILLAGE ATTORNEY
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