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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. -2- 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 -3- ' 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 -4- 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. _5_ 1 .~ u 1 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 -6- 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. -7- 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 ... g 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. -9- ' 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 1 -10- 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. L~ '1 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. 1