1991-32 Creates PUD Prosperity Harbor SouthORDINANCE N0. 32-91
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY
HARBOR SOUTH" UPON THOSE CERTAIN LANDS COMPRISING 63.48
ACRES, MORE OR LESS, 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 CONVEYANCE OF TITLE TO THE
VILLAGE OF A PARCEL OF LAND OF 3.82 ACRES, MORE OR LESS,
WITHIN THE SOUTHWEST PORTION OF THE DEVELOPMENT AS A
CONDITION FOR THE APPROVAL OF THE BOUNDARY PLAT; PROVID-
ING FOR PLAT APPROVAL; PROVIDING THAT ALL STREETS, WATER-
WAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE IMPROVEMENTS
SHALL BE PRIVATE AND SHALL BE MAINTAINED BY A PROPERTY
OWNERS ASSOCIATION; 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 VILLAGE COUNCIL; PROVIDING FOR DETERMINA-
TION OF WETLANDS AND FOR APPROVALS AND PERMITS NECESSARY
FROM REGULATORY AGENCIES; PROVIDING PROCEDURE FOR MODI-
FICATIONS 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 Develop-
ment known as "PROSPERITY HARBOR SOUTH" upon the lands
described in Exhibit "A" attached hereto and made a part
' hereof, said lands comprising 63.48 acres, more or less,
within the Village of North Palm Beach located east of
' Prosperity Farms Road, South of Monet Road and West of the
Intracoastal Waterway. The underlying zoning of the Planned
Unit Development is R-1 Single-family Dwelling District as
provided by Appendix C - Zoning of the Code of Ordinances of
the Village of North Palm Beach.
Section 2. "PROSPERITY HARBOR SOUTH" 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. Street rights-of-way may be a minimum of 40
feet with a minimum of 24 feet wide pavement.
B. Cul-de-sac rights-of-way may be a minimum of
80 feet in diameter, shall have hard surface
paving a minimum of 60 feet in diameter and
the entire ground area within the right-of-
way shall be stabilized.
C. The minimum lot widths at the street right-of-
way line may be less than the subdivision
code requirements.
D. Street lights shall be installed as part of
the subdivision improvements.
E. The applicant shall relocate the road entrance
to the Village Community Center to a position
designated on the new entrance road by the
Village.
F. The applicant shall modify the traffic signal
at Prosperity Farms Road and Burns Road as
' directed by Palm Beach County.
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i ' 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 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 convey the fee simple
title to the Village of North Palm Beach in and to a parcel of land
of 3.82 acres, more or less, within the southwest portion of the
development. 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 also provide a title insurance policy in the
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' 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. Title shall not
be considered defective by reason of an existing utility
easement on the south side of subject property nor by reason
of a 6 foot by 12 foot anchor easement on the south side of
subject property. These easements are reflected on a
boundary survey by Lidberg Land Surveying, Inc. dated
June 26, 1991, Job No. 91-242, consisting of one (1) sheet.
The survey, warranty deed, and title insurance policy
called for in this Section 4 shall be delivered prior to
issuance of the first building permit or three (3) years from
the effective date hereof, whichever first occurs, unless
extended one (1) year as set forth in Section 9.
The conveyance of title to the dedicated land as specified
in Section 4 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 boundary plat
called for in this Ordinance, no additional cash contribution
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t or dedication of land shall be required.
I The foregoing conveyance of real property 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. All streets, waterways, street lights and other
infrastructure improvements shall be private and shall be
maintained by a Property Owners Association at the sole cost and
expense of the Petitioners or the Property Owners Association
rather than by the Village of North Palm Beach. All policy and
fire vehicles, emergency vehicles and public works vehicles shall
be authorized to utilize such private roadways.
' Section 6. 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.
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 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 8 of this
t ordinance is filed with and approved by the Village Manager.
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section 8. Prior to the issuance of a building permit
for any structure or building upon the real property described
in Exhibit "A", the Petitlo~er 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 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 roadways, drainage and utility
improvements required for the Planned Unit Development, the
village shall release said performance bond, letter of credit,
escrow agreement or other acceptable surety agreement.
section 9. 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
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t development as required, the-Planned Unit Development and
underlying zoning usage of R 1 Single-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.
Section 10. All signage for the Planned Unit Development
and any temporary sales center site must be approved by sub-
sequent Resolution of the Village Council without the
necessity of review by the planning Commission, advertisement
or public hearing.
Section 11. Site drainage, determination of wetlands, and
mitigation if same exists, must be approved and permitted by
the appropriate regulatory agencies. Petitioner shall, at its
expense, retain an independent environmental consultant
selected by the Village for•the purpose of determining the
environmental mitigation that needs to be accomplished
to the site. Prior to the Village selecting the environmental
consultant, the Village shall consult with Petitioner.
Petitioner shall post a bond in a sum sufficient to accomplish
environmental mitigation as determined by the environmental
consultant. The bond shall have appropriate release provisions
as mitigation requirements are met.
Section 12. Prior to construction, all applicable approvals
and permits shall be secured from all appropriate regulatory
' agencies. The drainage plan must comply with South Florida
Water Management District permit requirements. Copies of
all approvals and permits shall be placed on file with the
Village.
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Section 13. 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 14. 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 15. 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 16. 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.
Section 17. Notwithstanding anything contained elsewhere
within this Ordinance or the exhibits, the Petitioner under
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no circumstances shall have the right to fill or take any other
action that would change, alter or reduce the present width
of the North Palm Beach Waterway.
Section 18. 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 Department of Natural
Resources, Department of Environmental Regulation, Department
of Environmental Resources Management, and the U.S. Army Corps.
of Engineers 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 19. 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 20. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 21. This Ordinance shall take effect upon
required changes in the Comprehensive Plan of the Village
being accomplished.
PLACED ON FIRST READING THIS 25th DAY OF JULY
1991.
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' PLACED ON PUBLIC HEARING THIS 12th DAY OF SEPTEMBER ,
1991.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY
OF SEPTEMBER 1991
YOR
(Village Seal)
ATTEST:
VILLAGE CLERK
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EXHIBIT "A"
PARCEL B
A parcel of land lying in Section 8, Township 42 South, Range 43 East, Palm
Beach County, Florida, and being more particularly described as follows:
qll that part of the Northeast Quarter (NE 1/4) of said Section 8 lying
westerly of the west Right-of-Way of the Intracoastal Waterway, as shown in
Plat Book 17, Page 10, and westerly of a line 75 feet westerly of, as
measured at right angles to the centerline of the North Palm Beach
waterway, as said line is described in Official Records Book 222, Page 348
and lying easterly of the easterly Right-of-Way line of Prosperity Farms
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 8 lying westerly of 'the Intracoastal Waterway.
also Less the West Three-quarters (W 3/4's) of the South Half (S 1/2) of
the Northwest Quarter (Nw 1/4) of the Northeast Quarter (NE 1/4);
' so less the Soi,th 20.00 feet of the. East Half (E 1/2) of the Southeast
arter (SE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter
(NE 1/4) of said Section 8, less the East 267.95 feet thereof;
Also less the'North 20.00 feet of the West Three-Quarters (W 3/4's) of the
rdorth Half (N 1/2) of the Southwest Quarter (SW 1/4) of the Northeast
Quarter (NE 1/4) of said Section 8;
also less the North 20.00 feet of the East Half (E 1/2) of the Northeast
Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) o.f the Northeast Quarter
(NE 1/4) of said Section 8, less the East 267.95 feet thereof.
And also less that certain parcel of land conveyed to the Village of North
Palm Beach as described in Official Records Book 3442, Page 1431.
TOGETHER WITH the North 112.5 feet of the Southeast Quarter (SE 1/4) lying
westerly of the North Palm Beach Waterway, as described in Official Records
Book 222, Page 346 and Easterly of the East Right-of-Way line of Prosperity
Farms Road;
Containing in all 63.48 acres more or less.
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EXHIBIT "8"
Plans entitled "Prosperity Harbor" prepared by CYP
Architecture & Planning, consisting of one (1) sheet
bearing lastest revision date of September 5, 1991 and a
second sheet also prepared by CYP Architecture & Planning
bearing a latest revision date .of July 19, 1991.
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