1994-06 PUD Harbour Point Marina
ORDINANCE NO. 6-94
AN ORDINANCE OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA"
UPON THOSE LANDS COMPRISING 11.314 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; ALLOWING CONSTRUCTION AND
DEVELOPMENT TO TAKE PLACE IN PHASES; PROVIDING
FOR A CASH CONTRIBUTION AS A CONDITION FOR THE
APPROVAL OF THE BOUNDARY PLAT; PROVIDING FOR
PLAT APPROVAL; PROVIDING THAT ALL STREETS,
WATERWAYS, 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 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 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 "HARBOUR POINT MARINA" upon the lands described in Exhi " "
bit A
attached hereto and made a part hereof, said lands comprising
11.314 acres, more or less, within the Village of North Palm Beach
located adjacent to and north of Monet Road, west of the
Intracoastal Waterway. The underlying zoning of the Planned Unit
Development is C-1 Neighborhood Commercial District as provided by
Appendix C-Zoning of the Code of Ordinances of the Village of North
Palm Beach.
Section 2. "HARBOUR POINT MARINA" 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. A fence, wall or hedge of a height not to exceed five (5)
feet shall be placed on the entire length of the westerly
boundary of the Planned Unit Development.
B. Street lights shall be installed as part of the
subdivision improvements.
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. Construction of the project may be undertaken in
the separate phases as depicted on the Site Plan attached as part
of Composite Exhibit "B"; provided, however, the order of phasing
construction shall be at the discretion of the Petitioner.
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~~
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 $125,000.00 in
the manner hereinafter set forth. Petitioner shall pay to the
Village the sum of $10,000.00 within thirty (30) days from the
effective date of this Ordinance. Petitioner shall pay an
additional $20,000.00 to the Village in increments of $10,000.00
upon sale of each of the first two (2) single-family residential
lots in Phase 1 of the Planned Unit Development and an additional
$20,000.00 immediately upon sale of the third single-family
residential lot in Phase 1 of the Planned Unit Development. A sale
is herein defined to mean the Petitioner causing a transfer of the
legal or equitable title to a single-family residential lot in
Phase 1 of the development. If the sum of $50,000.00 specified
above has not been paid under the above payment schedule by October
i, 1994, the balance of the said $50,000.00 shall be paid to the
village on or before October 1, 1994. Payment of said $50,000.00
in accordance with the time frames specified herein and performance
of other terms and provisions called for on the part of Petitioner
in this Ordinance shall allow the Petitioner or their successors in
interest to secure building permits for the eight (8) lots in Phase
1. The failure of Petitioner to pay the $75,000.00 balance of the
-3-
cash contribution shat
1 not prevent Petitioner or successors in
interest from securing building permits for the eight (8) lots in
Phase 1.
The sum of $40,000.00 of the cash contribution shall be paid
to the Village on or before October 1, 1995, or upon issuance of
the first building permit in Phase 2 or the first building permit
in Phase 3, whichever event first occurs.
The balance of the cash contribution of $125,000 or the sum of
535,000.00 shall be paid to the Village on or before October 1,
1996, or upon issuance of the first building permit in the
remaining of the two (2) phases of the Planned Unit Development,
whichever event first occurs. The cash contribution or portion
thereof shall not be due to the Village by reason of Petitioner
securing a building permit for the marina operations building
generally located in the vicinity of the fuel dock as shown on the
Exhibit "B" Site Plan or for building permits issued for
maintenance and repair of existing facilities currently located on
the Exhibit "A" property.
Except as otherwise provided herein, upon Petitioner's failure
to pay any installment of cash contribution in accordance with the
time frames specified in this Section 4, Petitioner shall be in
default and shall not be entitled to further building permits with
the Planned Unit Development and underlying zoning of C-1
' Neighborhood Commercial District to remain in its present status
-4-
' 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.
The payment of the cash contribution specified in Section 4 of
this Ordinance shall satisfy the requirements of Section 36-23
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. All streets, waterways, street lights and other
infrastructure improvements shall be private and shall be
maintained by the Petitioner or a Property Owners Association at
the sole cost and expense of the Petitioner 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.
1
1
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", (other than for the marina operations building generally
located in the vicinity of the fuel dock as shown on the Exhibit
"B" Site Plan, and other than building permits issued for
maintenance and repair of existing facilities currently located on
' the Exhibit "A" property), 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 9 of this Ordinance is filed with and approved
by the Village Manager.
Section 8. Prior to the issuance of a building permit for
any structure or building upon the real property described in
Exhibit "A", (other than for the marina operations building
generally located in the vicinity of the fuel dock as shown on the
' Exhibit "B" Site Plan, and other than building permits issued for
-6-
' maintenance and
repair of existing facilities currently located on
the Exhibit "A" property), 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 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 acceptable surety
agreement.
Section 9. The initial phase of development in 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 the first phase
for good cause shown by approval by subsequent Resolution without
necessity of advertisement or public hearing. All phases of
development in the Planned Unit Development shall be completed
l
-7-
' within ten (10) years. If Petitioner fails to commence the initial
phase of development or complete all phases of development as
required, the Planned Unit Development and underlying zoning usage
of C-1 Neighborhood Commercial 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. For the purposes of this Ordinance, the term
"commencement of development" shall mean the filing of a final plat
for the Phase 1 eight (8) lot subdivision and not commencement of
building in Phase 1.
Section 10. All temporary signage for any phase of the
' Planned Unit Development and any temporary sales center site must
be approved by subsequent 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.
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.
Section 13. Modifications to the Planned Unit Development
' -8-
that are determined to be minor b the Villa e
Y g 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 any phase of the Planned
Unit Development (other than for the marina operations building
generally located in the vicinity of the fuel dock as shown on the
Exhibit "B" Site Plan, and other than building permits issued for
maintenance and repair of existing facilities currently located on
the Exhibit "A" property) shall be issued until the drainage and
paving plans for the development of the particular phase of the
Planned Unit Development 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.
-9-
Section 16. Petitioner, prior to the issuance of the first
Building Permit within the Planned Unit Development, (other than
for the marina operations building generally located in the
vicinity of the fuel dock as shown on the Exhibit "B" Site Plan,
and other than building permits issued for maintenance and repair
of existing facilities currently located on the Exhibit "A"
property) 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. 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 particu-
larly concerned with existing shoreline and upland vegetation/
wildlife communities and the potential degradation/depletion of
potable and irrigation quality groundwater.
' -10-
1
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 immediately upon
passage.
1
PLACED ON FIRST READING THIS 9dth DAY OF February 1994.
PLACED ON PUBLIC HEARING THIS 14th DAY OF _April 1994.
PLACED ON SECOND, FINAL READING AND PASSED THIS 1. 4th DAY OF
April 1994.
(Village Seal)
ST:
%~r
VILLAGE CLERK
._ J
-11-
MAYOR
EXHIBI7 "A"
--- D F:SC k I P"I J.ON
THREE T'kACI'$ OF 1,ANU IN TIiF: SOIITT{EAST QUAR'Ttik (S,E.1/4) OF SE(TION 5,
T'UW'h'SHIP 42 SUU'Ifl, RANGE; 43 F.AST', PAll1 BEACH CUl1N'1'Y, F'IARIDA, MORE;
YARTIC111.AkLY UFSCRIBEll AS F'UI,LOWS:
' TkACI 1 THE. EAST HALF (F;AS1' 1/1.) UF' THE SOIJ'ITIF:AST' QUARTER
SUUIHVJEST QUARTER (S,W,1/4) OF •IT{g S0111'IiF:AST' QUARTER (S, E,i/4) OF THE
SOUTIi 60 FEET F'OR RIGHT-UF'-WAY OF MUNET' kUAD, (S.F..1/4) LESS TTiE
TkACT 2 71iE SUU'I'H THREE--{)UAR'I'LRS (S,3/4) OF' T'NE SOUTH HALF (S,1/2) OF THE
SOU"fHEAST QUARTER (S. E,1/4) OF THE SUII'1NF;AST QUARTER (S,E.1/4) l,YINC WEST OF
TTiF: WEST RICIIT-OF-WAY. LINE: UF' 1'HE INTkACOAST'AL WATERWAY LESS THE. SOUTFf 60
FEF:f 'THEREOF' FOR RIGH'~-~F_WAY OF MUNET' ROAD,
TRACT 3 A f'ARCF:L OF I.ANU IN '11iF, SUUI7IF;AS'T 1/~i OF SF;CTIUN 5, TUWNSFIIP 42
SUU711-ftANCF 43 EAST, YAIli BEACH COUNTY, FLORIDA, BEING MURE PARTICULARLY
OF;SCRIBEll AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNEK OF SECTION 5
AF'OP,FSAID; TTiENCE NORTH 88'06'39" WEST AWNG THE. SOUTH LINE OF SAID SECTION
(1'HE SOUTH LINE OF SAID SECTION IS ASSUFIEll TO BEAR NORTH 88'06'39" WEST AND
ALL O1HER BEARINGS ARE RELATIVE THERF.1'0) A UISTANCE OF 6G6,5 FEET TO A POINT
OF INTERSI'%(TION WITH THE WESTERLY RICITT-OF-WAY LINE OF 1T{E INTRA(bASTAI,
WATERWAY (AS SHOWN ON AMENDED PI.dT SECTION 5, TOWNSHIP 42 SOUTH, RAFICE 43
EAST, PLAT BOOK 17, PAGE 29 PAM BEACH COUNTY, FLORIDA); TF{ENCE NORTH
6'53'38' WEST AIANC SAID WESTERLY RIGHT-UF-WAY LINE, A DISTANCE OF 45,53
FEET TU 'THE POINT OF' BEGINNING OF T}1E HEREIN DESCRIBED PARC[iL; TFIF.NCE
CONTINUE NURTIi 6'53'38" WF:,ST ALONG SAID WFSTERL,Y RIGHT-0F-WAY LINE, A
DISTANCE OF 15,28 FEET T'U A POINT OF INT'F:kSECTION WITH TEIF, NORTHERLY
RIG}i1'-0F-WAY LINE OF MUNET ROAD AS NOW I.AII) OUT ANA IN USE; THENCE NORTH
88'06'39" WEST AlANC SAID NORTTlEk1,Y RICIIT--UF'-WAY LING AND PARALLEL W11t1 77{g
SUUT}i LINE OF SAIU SECTION 5, A DISTANCE OF' 150.00 FEET TO A POINT; T1iENCE
SOL'TII 1'53'21" WEST DF,F'ARTING FROM SAID NORTHERLY RICHT-OF-WAY ISNE A
UIS'1'ANCE OF 15,0 F'EF;T TU A POINT; THENCE SUUIN 8F3'U6'39" F:ASI', PARALLFT, WITH
'THE: SUUI'}I LINE UF' SAIU SECTION 5, A UISTANCF; OF 152,32 FEET T'0 'I'lIE F'OINT OF
BEGINNING,
CONTAINING
SUBJECT TO IN ALL 11.314 ACRES, MORE
RIGHTS-OE'-WAY
E Uk I.FS$,
,
;ASF?(ENTS ANU UTHEk MAT'T'ERS UF' RF'.CURD,
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EXHIBIT "B"
INDEX OF PLANS
1. Site Plan dated 11/8/93 by: Architectural Design Associates
2. Perimeter Landscape Plan dated 11/23/93 by: Blakely & Associates
3. Landscape Plan dated 11/23/93 by: Blakely & Associates
4. Site Plan dated 6/27/93 by: Lawson, Noble & Associates
Drawing #C83-87
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DESCRIPT
ION
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LP THREE TRACTS OF LAND I EMON,,
t..s-T 0 r� OF I
N THE SOUTHEAST QUARTER ' (S.E*
40' e#At4C- S!CC4rr1i10A1 TOWNSHIP 42 SOUTH, RANGE�, 43 EAS BEACH C
T ' PALM OUNTY, FLORIDA. 'MORE"
0
LP
OLLOWS,
PARTICULARLY DESCRIBED AS F
Lr A05%
LF ST 1/2) OF THE SOUTHEAST QUARTER'
TRACT I THE 'EAST A (EA
SOUTHWEST QUOTER, (S.W.1/4), OF THE OUTHEAST'QUARTER ,(S�'.&1,/4) -LE9S TW�
w
FORRIGHT-OF-W Y OF
60' FEET 'A
SOUTH MONET ROAD
-S KS '(S.3, /4) OF THE SO F, 2)
TRACT, 2 THE OU�- T,M� E AR-TER KA
s T
QUARTER e-o
SOUTHEAST'QIJA`RTER' (S.R.1/0, -OP,, TM,,' SOU EA,
THE -OF-WAY�
WEST LINE, E
RI( _OF-11 INTRACOASTAL WATERVAY
HT
'D.
FEET THEREOF' RIGHT-OF-WAY OF MONET'ROA
wit_
F 5 3/4 OF 5: /2
LINE C
< -6k e00 T
SECT
OF �/4 TRACT, AR TH
'RA GE 43 :EASTO
UNTY
10 -,DA D 5/42/43
SOUTH, N "'A
ro
PALM :,BEACH 7n L OV
COMMENCT
DESCRIBED AS FOLLOWS NG ,AT'
4 q
VE )HI E'0 JD:AFORES ID, IENCE NORTH 88'06'39 'WEST ALONG ;T SOV -LIN F SA
A
W
lu
THE SOUTH LINE OF SAID SECTION IS ASSUMW -T-0 BEAK NORTH, 06-i"39"'t
OL
Cff,41 L F L
ALL OTHER� gEAJZINGS ARE RELATIVE 0)" VANCE'-OF',6,66.5,1 E TO_'A
7 0 -
THRET A DI..........
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