Loading...
HomeMy WebLinkAbout1996-31 Creates Prosperity Harbor North PUD• • • ORDINANCE NO. 31-96 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" UPON THOSE CERTAIN LANDS COMPRISING 35.72 ACRES, MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS 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 CONVEYANCE OF TITLE TO THE VILLAGE OF PARCEL OF LAND AS A CONDITION FOR THE APPROVAL OF THE SUBDIVISION PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND PROVIDING FOR MAINTENANCE OF SAME; PROVIDING THAT ALL BOAT SLIPS AND DOCKS SHALL BE PRIVATE AND NON-COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF HOMEOWNERS' DOCUMENTS, IF ANY, 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 OR RENTAL CENTER BY THE VILLAGE 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 SEVERABILITY; 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 THE VILLAGE 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 "Prosperity Harbor North" upon the lands described in Exhibit "A" attached hereto and made a part hereof, said lands comprising • • 35.72 acres, more or less, within the Village of North Palm Beach located East of Prosperity Farms Road, North of Monet Road and West of Intracoastal Waterway. The underlying zoning of the Planned Unit Development is R-1, Single Family Dwelling District and R-3, Apartment Dwelling District, as provided by Appendix C-Zoning of the Code of Ordinances of the Village of North Palm Beach. Section 2. "Prosperity Harbor North" 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 specifications set forth as Composite Exhibit "B", the following requirements shall be met: A. All waterways shown in the attached plans shall be maintained at the cost and expense of the Property Owners Association to be formed by developer or, if none, the fee simple owner if the Northern Palm Beach County Improvement District fails to provide maintenance. Such waterways shall remain open to the boating public. B. The Property Owners Association, or if none, the fee simple owner, shall maintain at its expense all landscaping buffers specified on the plans between the development and adjacent properties if the Northern Palm Beach County Improvement District fails to provide maintenance. C. 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. -2- • • The areas of the Project that contain perimeter landscaping shall be deeded to the Property Owners Association or the Northern Palm Beach County Improvement District and such entities shall be charged to irrigate and maintain such landscaping. If neither the Northern Palm Beach County Improvement District or a homeowners association maintains and irrigates the landscaping, then the fee simple owner shall be charged to maintain and irrigate such landscaping. D. All lighting of streets shall be approved by the Village planning Commission sitting as the Village Appearance Board with special consideration to low in height street lighting to comply with the Standards of the American Traffic Institute. E. The existing mangroves shall remain except when removal is necessary to allow for the installation of improvements. Removal must be approved and permitted by the appropriate regulatory agencies as required by Section 19. F. Prior to the issuance of any building permit for any structure or building upon the real property described in Exhibit "A", the Petitioner shall surface the existing 14 foot wide Canal Drive shell rock road with 1 1/2 inch asphalt wearing surface. The Village will not be responsible for the maintenance of the road. 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. 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 convey or cause the conveyance of the fee simple title to the Village of North Palm Beach in and to a parcel of land of 2.06 acres, more or -3- • • • less, of Anchorage Park located within the Village. Conveyance of title shall be by Warranty Deed. Petitioner shall, at its expense, provide to the Village of North Palm Beach a survey of the acreage to be dedicated to the Village. The survey shall be done in accordance with Florida law and certified by a registered Florida surveyor. If the survey shows encroachment on real property or easements on lands of others, or violates any restrictions, the same constitutes a title defect. Petitioner, at its expense, shall provide a title insurance policy in the amount of appraised value of the dedicated land to be issued by a Florida licensed title insurer, showing that Petitioner is conveying a marketable title to the Village. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. The survey, warranty deed and title insurance policy called for in this Section 3 shall be delivered prior to issuance of the first building permit or within one (1) year from second reading and adoption of this Ordinance, whichever first occurs. If conveyance of land is not delivered to the Village in accordance with the terms and time frame specified in Section 3, the Petitioner shall be in default, and the Planned Unit Development and underlying zoning usage of R-1 Single Family District, and R-3, Apartment Dwelling District, shall remain until such time as the Petitioner secures renewal or amendment of development, which -4- • • • renewal or amendment shall be in the discretion of the Village Council. The conveyance of title to dedicated land as specified in Section 3 of this Ordinance shall satisfy the requirements of Section 36-23 entitled, "Public Sites 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 and Section 36-24 entitled "Access to Water Bodies". If additional platting or replatting of subject real property is accomplished after the subdivision plat called for in this Ordinance, no additional cash contribution or dedication of land shall be required. The foregoing conveyance of title to the dedicated land 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 4. All streets, waterways, street lights and other infrastructure improvements shall be private and shall be maintained by a Property Owners Association or the fee simple owner at the sole cost and expense of the Property Owners Association or the fee simple owner rather than by the Village of North Palm Beach if same is not maintained by the Northern Palm Beach County Improvement District. All police and fire vehicles, emergency vehicles and public works vehicles shall be authorized to utilize -5- • • • such private roadways. Section 5. All homeowner documents and restrictions, if any, shall be furnished by the Petitioner to the Village Attorney for review and approval in order to determine compliance with this Ordinance prior to such documents being recorded in the Public Records of Palm Beach County, Florida. 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 as a minimum a plat for the entire project for approval of the Village Council. The approval of said 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, escrow agreement or other acceptable surety agreement specified in Section 7 of this Ordinance is filed with and approved by the Village Manager. Section 7. 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, escrow agreement or other acceptable surety 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 Beach to assure the completion of on -site roadways, drainage and 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 amount of the -6- • • performance bond, letter of credit, escrow agreement or other acceptable surety 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, escrow agreement or other surety agreement-. Section 8. 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, The Property Owners' Association, if any, or the fee simple owner rather than by the Village of North Palm Beach if same is not maintained by the Northern Palm Beach County Improvement District. Section 9. All boat slips and docks shall be private and non- commercial and for the exclusive use of residents of the Prosperity Harbor North development. 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 by approval 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-1 Single -7- • • Family 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. If 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-1 Single Family Dwelling District, and R-3, Apartment Dwelling District, shall not allow or authorize the developer or its successor to develop subject real property in accordance with R-1 and R-3 uses without prior approval by the Village Council. Section 11. All temporary signage of the Planned Unit Development and any temporary sales or rental center site must be approved by the Planning Commission without the necessity of advertisement or public hearing. Section 12. Site drainage, determination of wetlands and mitigation, if same exists, must be approved and permitted by the appropriate regulatory agencies. Section 13. Prior to construction, all applicable approvals and permits shall be secured from all appropriate regulatory agencies. The drainage plan must comply with all applicable South Florida Water Management District and Florida Department of Environmental Protection permit requirements. Copies of all approvals and permits shall be placed on file with the Village. Section 14. Modifications to the Planned Unit Development -8- • • • that are determined to be minor by the Village Council may be approved by subsequent Resolutions without the necessity by the Planning Commission, advertisement or public Modifications that shall not be considered minor include, not be limited to the following: Any increase in the Change in access to Any variance to the Any increase in the number of units; the R-1 property; Zoning regulations; height of buildings; Relocation of parking lots; Any change in recreational amenities. of review hearing. but shall 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 or title 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" -9- • • • plan. Section 18. Notwithstanding anything contained elsewhere within this Ordinance or the exhibits, the Petitioner under no circumstances shall have the right to fill or take any other action that would change, alter or reduce the present width of the Intracoastal Waterway or the existing shoreline. Section 19. It is the specific intent of the Village Council in the enactment of this Planned Unit Development Ordinance that all applicable environmental permitting agencies including, but not limited to, the Florida Department of Environmental Protection, the U.S. Army Corps of Engineers and the Palm Beach County Department of Environmental Resources rigorously enforce all environmental laws and regulations that are in force and that such agencies consult with the Village Council and keep the Council fully apprised as to the status of each and every application by Petitioner before such permitting agency. The Village is particularly concerned with existing shoreline and upland vegetation/wildlife communities and the potential degradation/depletion of potable and irrigation quality groundwater. Section 20. 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 21. All Ordinances or parts of Ordinances in conflict -10- • • herewith are hereby repealed. Section 22. This Ordinance shall take effect upon required changes in the Comprehensive Plan of the Village being accomplished. PLACED ON FIRST READING THIS .8th DAY OF AUGUST , 1996. PLACED ON PUBLIC HEARING THIS 22nd DAY OF AUGUST 1996. PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF AUGUST , 1996. (Village Seal) ATTEST: VILLAGE CLERK -11- MAYOR =PARCEL "A" - NORTH IA parcel of land lying in Section 5, Township 42 South, Range 43 East, Patin Beach County, Florida, and being more particularly described as follows: -That pan of the North Half (N 1/2) of the South Half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section 5 lying Westerly of the West right of way line of the Intracoastal Waterway and lying 400 -East of the Easterly right of way line of Prosperity Farms Road, as shown in Road Plat Book 2, ages 136 and 137. TOGETHER WITH the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter of (SW 1/4) o1 the Southeast Quarter (SE 1/4) of said Section 5; TOGETHER WITH the West Half (W 1/2) of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of said Section 5; TOGETHER WITH the West thirty feet (30') of the following described parcel: Commencing at the center of said Section 5; thence Easterly along the East-West Quarter Section line a distance of 1,293.76 feet to the Northwest comer of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of said Section 5; thence South 00°08'30" West along the West line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 5, (the West line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/41 of Section 5 is assailed to bear South 00°08'30" West and all other bearings are relative thereto), a distance of 1,343.65 feet to the Southwest corner of the Northeast Quarter (NE 1/41 of the Southeast Quarter (SE 1/4) of Section 5 and the Point of Beginning of the herein described parcel; thence South 88° 1G'41 " -East along the South line of the Southwest Quarter (SW 1/41 of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 5 a distance of 144.48 feet; thence North 02° 13'54" West, a distance of 157.46 feet; thence North 88° 16'41 " West, a distance of 137.95 feet; thence South 00°08'30" West, a distance of 157. 15 feet to the Point of Beginning. LESS a parcel of land conveyed to the County of Palm Beach, Florida, as described in Official . Record Book 6428, Page 443, Public Records of Palm Beach County, Florida. •PARCEL "B" - SOUTH A parcel of /and lying in Section 8, Township 42 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: 1. All that part of the Northeast Quarter (NE 1/41 of said Section 8 lying Westerly of the West right of way line of the Intracoastal Waterway, as shown on Plat Book 17, Page 10, and Westerly of a -line 75 feet Westerly of, as measured a( right ang/es to, the centerline of the North Palm Beach Waterway, as said line is described in Official Record Book 222, Page 348 and lying Easterly of the Easterly right of way line of Prosperity Fauns Road as shown in Road Plat Book 2, Pages 136 and 137; LESS AND EXCEPTING THEREFROM the North One Quarter (N 1/4) of the Northeast Quarter (NE 1/4) of said Section lying Westerly of the Intracoastal Waterway. ALSO LESS AND -EXCEPTING THEREFROM the East Three -Quarters (E 3/4) of the South hall IS 1/2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4), AND ALSO LESS AND -EXCEPTING THEREFROM that certain parcel of land conveyed to the Village of North Patin Beach las described in Official Record Book 3442, ('age 1431. (TOGETHER WITH Lots 1, 2, 3, 4 and 5, Block 54, Village of North Palm Beach Plat No. 6. laccording to the plat thereof, as recorded in Plat Book 26, Pages 10 through 12, of the Public Records of -Palm Beach County, Florida; 'TOGETHER WITH the North 112.5 feet of the Southeast Quarter (SE 1/41 of said Section 8 lying Westerly of the North Palm Beach Waterway, as described in Official Record Book 222, Page 348 a •• 177 / and Easterly of the East right of ay line of Prosperity Farms Roac TOol: MMER W11/1 the following described parcel: Beginning at a point in a line parallel to and 112.5 feet Southerly of the North line of the Southeast Quarter (SE 1/41 of said Section 8, at a distance of 505 feet Easterly from, measured along said parallel line, the West line of the Southeast 0uarter (SE 1/4) of said Section 8; said Point of Beginning being the Northeast conO, of Lot 5, Block 54, Village of North Paln, Beach Plat No. (5, according t0 the plat thereof, as recorded an Plat Book 26, Pages 10 through 12, inclusive, of the Public Records of Palm Beach County, Florida; thence Easterly along said parallel line and the Norhl, line of a parcel marked "Prosperity Harbor - Not Included in The Plat", on said plat of Village of North Palm Beach Plat No. 6, a distance of 957,04 feet to n point in the Westerly right of way line of North Paln, Beach Waterway, as shown on said plat; thence Southerly along said Westerly right of way line, beard a curve concave to the Ens( and having a radius of 1,961.26 feet, a distance of 527.98 feet to the Northeast corner of Lot 15, Block 53, as shown on said plat; thence Westerly along the North line of Lots 15 to 24, inclusive, of said Block 53 to the Southeast corner of Lot 1, Block 54, thence Northerly along the East line of Lots 1 to 5, inclusive of said Block 54, a distance of 514.22 feet to the Point of Beginning. 10GETHE/T WITH a parcel of land situate in Section 8, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows" Commencing at the Northwest corner of the Northeast one -quarter (NE 1/4) of said Section 8, thence South 02°06'10" West, along the West line of said Northeast one -quarter (NE 1/4), a distance of 667.20 feet to the North line of (he South one-half (S 1/2) of the Northwest one -quartet (NW 1/4) of said Northeast one -quarter (NE 1/4); thence South 88°29'53" East, along said North line, a distance of 1074.94 feet to the Point of Beginning. From the Point of Beginning, thence South 88°29'53" East, along said North line of the South one-half (S 1/2) of the Northwest one -quarter (NW 1/4) of said Northeast one -quarter (NE 1r4), a distance of 267.99 feet to the East line of the Northwest one -quarter (NW 1/4) of said Northeast ono -quarter (NE 1/41; thence South 02° 17'52" West, along said East line, a distance of 668 U9 feet to the South line of the Northwest one -quarter (NW 1/4) of said Northeast one -quarter (NE 1i4); thence North 88°25'21" West, along said South line, a distance of 267.98 feet; thence North 02° 17'52" East, departing said South line, a distance of 668.64 feet to the Point of Beginning. LESS AND EXCEPTING THEREFROM a parcel of land situate in Section 8, Township 42 South. Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northwest comer of the Northeast one -quarter (NE 1/41 of said Section (1.1. thence South 02°06'10" West, along the West line of said Northeast one -quarter (NE 1/4), a chs(ar)ce of 667.20 feet to the North lane of the South one -hall (S 1/2) of the Northwest one -quarter (NW 1/4) of said Northeast one -quarter (NE 1/41; thence South 88°29'53" East, along said North line, a distance of 105.00 feet to a point on the Easterly right of way Imo. of Prosperity Fauns Road, being a litre 105.00 feet East of and parallel with (he aforesaid West hue of the. Northeast one -quarter (NE 1/4) of said Section 8, said point also being the Point of Beginning. Front the Point of Beginning, thence South 88°29'53" East, continue along said North line of the South one -ball (S 1/21 of the Northwest one -quarter (NW 1/41 of said Northeast one -quarter (NE 1/41, a distance of 230.73 feet; thence South 02°09'06" West, departing said North line, a distance of 667.65 leer to the South line of the Northwest one -quarter (NW 1/4) of said Northcas, one -quarter (NE 1/41; thence Soul, 88°25'21 " East, along said South line, a distance of 737.49 leer; thence South 02° 17'52" West, departing said South line, a distance of 20.00 feet; thence North 88°25'21" West, a distance of 967.58 feet to the aforesaid Easterly right of way lure of ProspentreFarms Road; thence North 02°06'10" East, along said Easterly right of way line, e distance of 687.34 feet to the Point of Beginning. PARCEL "C" — NORTH That portion of the North 165 feet of the South Hall of the Southeast Quarter of the Southeast Quarter of Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida, lying Wes( of the Westerly right of way fine of the Intracoastal Waterway as shown on a reap recorded in the Public Records o(sniff Pnlru Pencil County, in Plat Rook 17 or Pane 20 • EXHIBIT "B" PROSPERITY HARBOR NORTH PUD ORDINANCE DRAWING LIST DRAWINGS PREPARED BY LAND DESIGN SOUTH DRAWING NUMBER SHEET 1 OF 4 SHEET 2 OF 4 SHEET 3 OF 4 SHEET 4 OF 4 • • DESCRIPTION MASTER DEVELOPMENT PLAN SITE DETAILS CROSS SECTIONS CROSS SECTIONS LATEST DATE 7/31/96 7/24/96 7/24/96 7/24/96