HomeMy WebLinkAboutOrd 1991-15 Creates PUD Sanctuary BayORDINANCE NO.
15-91
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "SANCTUARY
BAY" UPON THOSE CERTAIN LANDS COMPRISING 29.8 ACRES
LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART
HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH
THE PLANS AND SPECI.FICATIONS AS SET FORTH IN THE INDEX
ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS
AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF;
PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC
IRRIGATION; PROVIDING FOR A CASH CONTRIBUTION AS A
CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT;
PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL ROADWAYS
WITHIN THE PLANNED UNIT DEVELOPMENT SHALL BE PRIVATE;
PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE
AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND. APPROVAL OF
CONDOMINIUM DOCUMENTS OR HOMEOWNERS' DOCUMENTS BY THE
VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET
BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING
PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF
COMPLETION FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING
FOR APPROVAL OF SIGNAGE AND TEMPORARY SALES CENTER BY THE
PLANNING COMMISSION; PROVIDING FOR DETERMINATION OF WETLANDS
AND FOR APPROVALS AND PERMITS NECESSARY FROM REGULATORY
AGENCIES; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE
PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE.
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 create a Planned Unit
Development known as "SANCTUARY BAY" upon the land described
in Exhibit "A" attached hereto and made a part hereof, said lands
comprising a 29.8 acre tract in the Village of North Palm Beach
located immediately South of Monet Road, North of Garden Lane,
West of Intracoastal Waterway and East of Prosperity Farms Road.
The underlying zoning of the Planned Unit Development is
R-2 Multiple Family Dwelling District as provided by Appendix C-
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Zoning. of the Code of Ordinances of the Village of North Palm Beach.
Section 2. "SANCTUARY BAY" Planned Unit Development shall
be developed in accordance with the plans and specifications as set
forth in the Index attached hereto as Composite Exhibit "B" and
expressly made a part hereof. In addition to the plans and specifica-
tions set forth as Composite Exhibit "B", each dwelling unit shall be
equipped with a residential fire sprinkler system complying with
the requirements of NFPA 13-D. In the event there is any conflict
between the terms of this Ordinance and any Exhibits attached hereto,
the terms of this Ordinance shall prevail.
Section 3. Prior to the issuance of a Building Permit for any
structure or building upon the real property described in Exhibit "A",
the Petitioner shall file a perimeter landscape Plan with automatic
irrigation for the Project for approval of the Village Council.
The approval of the landscape plan shall be by subsequent resolution
of the Village Council. The areas of the Project that contain perimeter
landscaping shall be deeded to the Condominium Association or the
Property Owners' Association and such Association shall be charged
to irrigate and maintain such landscaping.
Section 4. In lieu of the Petitioner dedicating five (5%)
percent or more of the area of the lands comprising the Planned
Unit Development for public use, the Petitioner shall pay to the
Village of North Palm Beach, a cash contribution of $ 425,000.00
The cash contribution shall be paid upon issuance of the first building
permit or three (3) years from the effective date hereof, whichever
first occurs.
The payment of the cash contribution specified in Section 4
of this Ordinance shall satisfy the requirements of Section 36-23
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entitled Public Site and Open Spaces of the Code of Ordinances, which
requires dedication of land for public use or a cash contribution as
a condition for the approval of a preliminary plat. If additional
platting or replatting of subject real property is accomplished
after the boundary plat called for in this Ordinance, no additional
cash contribution or dedication of land shall be required.
The foregoing cash contribution shall satisfy all impact fees
to the Village; however, in addition thereto, the Petitioner shall
pay to the County of Palm Beach all impact fees in accordance with
the requirements of the Palm Beach County Code.
Section 5. Prior to the issuance of a Building Permit for
any structure or building upon the real property described in
Exhibit "A", the Petitioner shall provide as a minimum a prelim-
inary boundary plat for the entire project for approval of the
Village Council. The approval of said boundary plat shall be
by a subsequent Resolution of the Village Council.; The executed
mylar of the plat shall not be delivered for recording until the
bond, letter of credit or escrow agreement specified in Section 6
of this Ordinance is filed with and approved by the Village
Manager.
Section 6. Prior to the issuance of a Building Permit
for any structure or building upon the real property described
in Exhibit "A", the Petitioner shall provide the Village with
a performance bond, letter of credit or escrow agreement in a form
approved by the Village in a sum of money prescribed by'the
Village and shall be posted with the Village of North Palm Beabh
to assure the completion of on -site roadways, drainage and
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utility improvements required for the Planned Unit Development.
From time to time as improvements are completed and approved
by the Village of North Palm Beach, the amountof the performance
bond, letter of credit or escrow agreement shall be reduced by
a proportionate amount. Upon completion of all on -site roadway,
drainage and utility improvements required for the Planned Unit
Development, the Village shall release said performance bond,
letter of credit or escrow agreement.
Section 7. The roadways shown in the plans and
specifications as set forth in the Index attached hereto as
Composite Exhibit "B" shall be for private rather than public
use with the roadways to be maintained at the sole cost and
expense of the Petitioner or the Condominium Association or the
Property Owners' Association rather than by the Village of North
Palm Beach. All police and fire vehicles, emergency vehicles and
public works vehicles shall be authorized to utilize such private
roadways.
Section 8. All boat slips and docks shall be private and
non-commercial and for the exclusive use of residents of the
SANCTUARY BAY development. Prior to the issuance of a building
permit for any structure or building upon the real property
described in Exhibit "A", the Petitioner 'shall transfer title
to the docks, boat slips and bottom land thereunder to the
Condominium Association or the Property Owners' Association.
Section 9. All condominium documents, homeowner documents
and restrictions shall be furnished by the Petitioner to the Village
Attorney for review and approval prior to such documents being
recorded'.in the public records of Palm Beach County, Florida.
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Section 10. The development of the Planned Unit Development
shall be commenced within three ( 3 ) years from the
effective date hereof;. provided, however, Petitioner may obtain
an extension of one (1) additional year to commence for good cause
shown byapproval by subsequent Resolution without necessity of
advertisement or public hearing. The Planned Unit Development
shall be completed within ten (10) years. If
Petitioner fails to commence development or complete development
as required, the Planned Unit Development and underlying zoning
usage of R-2 Multiple Family Dwelling District shall remain until
such time as the Petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion
of the Village Council. :I`f development of the Planned Unit
Development is not commenced or completed as set forth in this
Section 10, the fact that the underlying zoning usage is R-2
Multiple Family Dwelling District shall not allow or authorize
the developer or its successor to develop s.ubject real property
in accordance with R-2 uses without prior approval by the
Village Council.
Section 11. All signage for the Planned Unit Development
and any temporary sales center site must be approved by the
Planning Commission of the Village.
Section 12. Site Drainage, determinatin of wetlands, and
mitigation if same exists, must be approved and permitted by the
appropriate regulatory agencies.
Section 13. Prior to construction, a01 applicable approvals
and permits shall be secured from all appropriate regulatory
agencies. The drainage plan must comply with South Florida Water
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Management District permit requirements. Copies of all approvals
and permits shall be placed on file with the Village.
Section 14. Modifications to the Planned Unit Development
that are determined to be minor by the Village Council may
be approved by subsequent Resolutions without the necessity
of review by the Planning Commission, advertisement or public
hearing. Modifications that shall not be considered minor include,
but shall not be limited to, the following:
(1) Any increase in the number of units;
(2) Any increase in the height of buildings;
(3) Change in access to the property;
(4) Relocation of parking lots;
(5) Any change in recreational amenities.
Section 15. All references to Petitioner and/or
Developer, together with all requirements of this Ordinance
shall apply to and be.binding upon the successors and assigns.
Section 16. No Building Permit for the Planned Unit
Development shall be issued until the drainage and paving
plans shall be approved by the Village Engineer and all other
building requirements of the Village of North Palm Beach Code
and requirements of other governmental agencies, if necessary,
shall be met.
Section 17. Petitioner, prior to the issuance of the
first Building Permit within the Planned Unit Development,
shall deliver to the Village a Unity of Control in requisite
form to be approved by the Village Attorney, requiring the
lands described in Exhibit "A" to be developed in accordance with
the Exhibit "B" plan.
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Section 18. If any part or portion of this Ordinance is
found to be void or defective, the remainder of the Ordinance
shall continue in full force and effect.
Section 19. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 20. This Ordinance shall take effect upon required
changes in the Comprehensive Plan of the Village being
accomplished.
PLACED ON FIRST READING THIS 28th
1991.
PLACED ON PUBLIC HEARING THIS llth
1991.
DAY OF FEBRUARY
DAY OF APRIL
PLACED ON SECOND, FINAL READING AND PASSED THIS llth DAY OF
APRIL , 1991.
VILLAGE CLERK
/1C/C—
y MAYOR
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°° EX` ' I EB I T All
;LEGAL DESCRIPTION:. (OVERALL PARCEL)
A PARCEL OF LAND SITUATE IN SECTION 87 TOWNSHIP 4� SOUTH,
"RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
|PARTICULARLy DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4-OF THE
!NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 81 TOWNSHIP 42
SOUTHvRAWGE 43 EAST; THENCE SOUTHERLY ALONG -THE WESTERLY LINE
OF THE SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 A DISTANCE OF 668.32 FEET TO THE SOUTHWEST
.CORNER THEREOF; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF
.THE NORTH 1/2 OF THE NORTH 1/2 OFTHE NORTHEAST 1/4 OF SAID
SECTION 8, A DISTANCE OF 1521.45 FEET TO ITS INTERSECTION
WITH THE WESTERLY RIGHT OF WAY LINE OF THE INTRACOASTAL
WATERWAY, THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT OF
WAY LINE WHICH MAKES AN ANGLE WITH T DING COURSE,
MEASURED FROM WEST TO NORTHWEST,OF 65p-29L03" A DISTANCE OF
596.28 FEET TO AN ANGLE POINT; THENCE NORTHERLY ALONG SAID
WESTERLY RIGHT OF WAY LINE,MAKING:AN ANGLE OF DEFLECTION TO
THE EAST OF 1�-48-27- A DISTANCE OF 127 82 FEET TO ITS
, .
INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 8;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION 8,.A
DISTANCE OF 1255.46 FEET TO THE POINT OF BEGINNING,
TOGETHER WITH:
�
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/OF THENORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTHv RANGE 43 EAST.,
'
.TOGETHER WITH:
THAT PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE '
NORTHWEST 1/4 OF THE NORTHEAST 1/4,OF SECTION 87 TOWNSHIP 42 '
SOUTH, RANGE 43 EAST, LYING EASTERLY OF THE EAST RIGHT—OF—WAY
OF PROSPERITY FARMS ROAD.
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o000mmoARoSTREET, WEST PALM BEACH, FL 33407(407) 842-7444
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| SANCTUARY BAY
LEGAL DESCRIPTION -
"EXHIBIT Am
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EXHIBIT "B"
1. Site plan entitled "Sanctuary Bay PUD drawn by
Stanley Consultants of Florida, Inc., dated November 30, 1990,
and consisting of one (1) page.
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