Loading...
1994-12 Amends PUD Harbour Point Marina' ORDINANCE N0..12-94 AN ORDINANCE OF T7;E VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE N0. 6-94•WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" BY APPROVING AN INCREASE IN LANDS COMPRISING THE PLANNED UNIT DEVELOPMENT FROM 11.314 ACRES, MORE OR LESS, TO 13.66 ACRES, MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; PROVIDING FOR RELOCATION OF THE ACCESS ROAD WITHIN THE PLANNED UNIT DEVELOPMENT IN ACCORDANCE WITH THAT CERTAIN PLAN DRAWN BY ARCHITECTURAL DESIGN ASSOCIATES DATED AUGUST 20, 1993, AS REVISED APRIL 29, 1994, AND JUNE 6, 1994, CONSISTING OF ONE (1) SHEET ATTACHED AS EXHIBIT "B" AND EXPRESSLY MADE A PART HEREOF; REVISING SECTION 4 OF ORDINANCE NO. 6-94 PROVIDING FOR AN INCREASE IN THE CASH CONTRIBUTION AND PROVIDING FOR TERMS OF PAYMENT; 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 amend Ordinance No. 6-94 which created a Planned Unit Development known as "Harbour Point Marina" by approving an increase in lands comprising the Planned Unit Development from 11.314 acres, more or less, to 13.66 acres, more or less, located within the Village and more particularly described in Exhibit "A" attached hereto and made part hereof. Section 2. The Village Council of the Village of North Palm Beach, Florida, does further amend Ordinance No. 6-94 to provide ' for relocation of the access road within the Planned Unit Development in accordance with that ,certain plan drawn by Architectural Design Associates dated August 20, 1993, as revised April 29, 1994, and June 6, 1994, consisting of one (1) sheet attached as Exhibit "B" and expressly made a part hereof. Section 3. Ordinance No. 6-94 is further amended by the Village Council by revising Section 4 thereof to provide for an increase in the cash contribution and providing for terms of payment with Section 4 to now read as follows: "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 ' S150,000.00 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 520,000.00 to the Village ire 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 ' 1, 1994, the balance of the said $50,000.00 shall be paid to the -2- ' Village on or before October 1, 1994. Payment of said 550,000.00 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 $100,000.00 balance of cash contribution shall not prevent Petitioner or successors in interest from securing building permits for the eight (8) lots in Phase 1. The sum of $50,000.00 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 $150,000 or the sum of $50,000.00 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 3- ' 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 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall take effect immediately upon passage. -4- ' PLACED ON FIRST READING THIS 9th DAY OF June 1994. PLACED ON PUBLIC HEARING THIS 23rd DAY OF June 1994. PLACED ON SECOND, FINAL READING, AND PASSED THIS 23rd DAY OF __ June 1994. 1~ /ia /~/va ar YOR (Villageaeal) ATTEST: VILLAGE CLERK ~~ 1