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1991-15 Creates PUD Sanctuary Bay 1 ORDINANCE N0. 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 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 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 1 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 llistrict as provided by Appendix C- ' 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 Exfiibit "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 (57<) 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 $ 425000.00 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 35-23 -2- ' 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 Beabh 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 Couneil.; 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 -3- ' 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 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. -4- 1 I I V 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 covmience 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-2 Multiple Family Dwelling District shall remaitt 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. Tf 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 subject 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 ~~ L_.J mitigation if same exists, must be approved and permitted by the appropriate regulatory agencies. Section 13. Prior to construction, a~~l applicable approvals and permits shall be secured from all appropriate regulatory agencies. The drainage plan must comply with South Florida Water -5- ' 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 bo 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. -6- ' Section 18. found to be void shall continue in Section 19. conflict herewith If any part or portion of this Ordinance is ~r defective, the remainder of the Ordinance full force and effect. All Ordinances or parts of Ordinances in 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 DAY OF FEBRUARY 1991. PLACED ON PUBLIC HEARING THIS 11th DAY OF APRIL 1991. PLACED ON SECOND, FINAL READING AND PASSED THIS 11th DAY OF APRIL 1991. MAYOR I -7- (Village Seal) "EXHIBIT A" LEGAL DESCRIPTION: (OVERALL PARC EL) A PARCEL OF LANll SITUATE IN SECTION B, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM REACH COUNTY, FLORIDA, BEING MORE ~'ART'ICULARLY,I)ESCRIREll AS FOLLOWS: BEGINNING AT THE NOF"tTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORI'HWES'f 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SCIUTFi,RANGE 43 EA:iT; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF THE SAID NOFITHFAST 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 "I'F-IE NORTH 1/2 OF THE N[)RTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTIUN 8, A DISTANCE OF 1521.45 FEET TO IT8 INTERSECTION WITH TFiE WESTEFLY RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, THENCE NOFtTHWESTEF:LY ALONG SAID WESTERLY RIGHT OF WAY LINE WHICF( MAF:ES AN ANGLE WITH THE PRECEDING COURSE, MEASURED FROM WEST TO NORTHWEST, OF bS°-29 G3~ A DISTANCE OF 596.25 FEET TO AN ANGLE POINT; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE,MAI~ING AN ANGLE OF DEFLECTION TO 1"HE EAST OF 19°-48 27; A DISTANCE OF 127.82 FEET TO ITS ' INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION B; "fFFENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION B, 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 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST. TOGETHER WITH: THAT PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION B, SOUTH, RANGE 43 EAST, LYING EASTERLY OF THE EAST OF PROSPERITY FARMS ROAD. STANLEY CONSULTANTS OF FLORIDA, INC. EN OINEERS • PLANNERS • SURVEYORS 2000 LOMBARD STfl EE T, WEST PALM BEACH, FL JJ107 (<07) 812.7111 SANCTUARY BAY LEGAL DESCR1PT10N "EXHIBIT A" THE TOWNSHIP 42 RIGHT-OF-WAY (SEALI i~ it EXHIBIT "B" 1. Site plan entitled "Sanctuary Bay PUD drawn by Stanley Consultants of Florida, Inc., dated November 30, 1990, and consisting o£ one (1) page.