2013-01 Water Club PUDORDINANCE NO. 2013-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "WATER CLUB" ON
APPROXIMATELY SEVEN ACRES OF REAL PROPERTY LOCATED EAST
OF U.S. HIGHWAY ONE AND APPROXIMATELY ONE MILE SOUTH OF
PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR DEVELOPMENT OF THE PROPERTY IN ACCORDANCE
WITH THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS
REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR
FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Kolter Urban, LLC, on behalf of Domani Development LLC, property owner
(collectively "Applicant ") filed an application for the creation of a Residential Planned Unit
Development pursuant to Section 45 -35.1 of the Village Code of Ordinances for an
approximately seven acre parcel of vacant real property located east of U.S. Highway One and
approximately one mile south of PGA Boulevard; and
WHEREAS, the property is currently zoned R -3 (Apartment Dwelling) and has a future land use
designation of High Density Residential; and
WHEREAS, the Applicant wishes to construct 148 condominium units within two towers and an
additional 20 townhouse units for a total of 168 residential units; and
WHEREAS, the Village Council determines that the Planned Unit Development application is
consistent with the Village's Comprehensive Plan and meets each of the applicable requirements
set forth in Section 45 -35.1 of the Village Code of Ordinances; and
WHEREAS, the Village Council wishes to approve the creation of the Planned Unit
Development in accordance with the plans and specifications submitted by the Applicant, subject
to the approved modifications or "waivers" to the Village's land development regulations and the
conditions of approval imposed by the Village Council.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby creates a Residential Planned Unit Development to be
known as "Water Club" on approximately seven acres of vacant real property legally described
as all of the Domani Plat, according to the plat thereof recorded in Plat Book 107, Pages 64 and
65 of the Public Records of Palm Beach County, Florida ( "Property ").
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Section 3. The Applicant shall develop the Water Club PUD in accordance with the
C following plans and specifications on file with the Village's Community Development
Department:
A. Plans prepared by Bohler Engineering, consisting of: a boundary survey dated May 23,
2012 (C -1) and a site plan, preliminary engineering plan, and preliminary utility plan last
revised on August 22, 2012 (C -2 through C -4).
B. Landscape Plan prepared by Intuitive Design Group dated August 22, 2012 and
consisting of seven pages (LP -1 through LP -7);
C. Lighting Plan prepared by Intuitive Design Group dated May 25, 2012 and consisting of
one page (LL -1).
D. Architectural Plans prepared by Randall Stofft Architects consisting of the following:
A0.00
A1.00
A1.01
A1.02
A1.03
A1.04
A2.01
A2.02
A2.03
A2.04
A2.11
A2.12
A2.13
A2.14
A2.21 -24
A2.25
A3.01
A3.02
A3.03
A4.01
A5.01
A5.02
A5.03
A5.04
A5.05
A5.11
A5.12
A5.13
A5.21
A5.22
Cover Sheet dated May 25, 2012
Site Plan dated August 23, 2012
Overall Garage and Ground Level Layout dated August 23, 2012
Parking Level 1 Layout dated August 23, 2012
Garage Level 2 Plan dated May 25, 2012
Entry Road, Motor Court and Lobby Level Plan dated May 25, 2012
Lobby Level Plan (Tower One) dated May 25, 2012
Typical Condo Floor Plate (Tower One 2 -18) dated May 25, 2012
Penthouse Level Plan (Tower One) dated May 25, 2012
Roof Plan (Tower One) dated May 25, 2012
Lobby Level Plan (Tower Two) dated May 25, 2012
Typical Condo Floor Plate (Tower Two 2 -18) dated May 25, 2012
Penthouse Level Plan (Tower Two) dated May 25, 2012
Roof Plan (Tower Two) dated May 25, 2012
Tower Elevations dated May 25, 2012 (four sheets)
Tower Section dated May 25, 2012
The Club Floor Plan dated August 23, 2012
Marina Club Roof Plan dated May 25, 2012
The Club Building Elevations dated August 23, 2012
Guardhouse Floor Plan, Roof Elevations dated May 25, 2012
Ground Level Floor Plan (Building 3) dated May 25, 2012
Second Level Floor Plan (Building 3) dated May 25, 2012
Third Level Floor Plan (Building 3) dated May 25, 2012
Roof Plan (Building 3) dated May 25, 2012
Elevations (Building 3) dated May 25, 2012
Ground Level and Second Level Floor Plan (Building 4) dated May 25,
2012
Third Level and Floor Plan (Building 4) dated May 25, 2012
Elevations (Building 4) dated May 25, 2012)
Ground, Second Level and Roof Plan (Building 5) dated May 25, 2012
Elevations (Building 5) dated May 25, 2012
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Section 4. In approving the Water Club PUD, the Village Council hereby grants the
following minor modifications or "waivers" from the requirements of the Village's land
�. development regulations (as depicted in the approved plans referenced in Section 3 above):
A. Waiver from Sections 45.30.D and 45 -36.D of the Village Code to allow for the
construction of a wall within the 100 foot front setback required along U.S. Highway One
(wall generally located 12.4 feet from the property line — 9.8 feet for the service area).
B. Waiver from Section 45 -30.1) of the Village Code to allow for the construction of a guard
house within the required 100 foot front setback along U.S. Highway One (guard house
located 66.4 feet from the property line).
C. Waiver from Section 5 -85(3) of the Village Code to allow the construction of a pier to
extend waterward from the bulkhead line more than 50 feet (pier to extend 220.2 feet
subject to the Applicant's receipt of a permit from the Army Corps of Engineers).
D. Waiver from Section 5- 83(k)(4) of the Village Code to allow for the installation of a
batter pile seawall (as currently constructed).
E. Waiver from Section 45- 30.D(3) of the Village Code to allow for a sixteen inch
encroachment into the required 95 foot side setback.
Section 5. To the extent not modified in Section 4 above, Applicant shall develop, operate
and maintain the Property in accordance with all Village Code requirements. Additionally, the
Applicant shall obtain all required permits and approvals from all regulatory agencies with
jurisdiction over the property and shall comply with the conditions attached to such permits and
approvals. These regulatory agencies include, but are by no means limited to, the United States
Environmental Protection Agency ( "EPA "), the Army Corps of Engineers, the Florida
Department of Environmental Protection ( "FDEP "), the Florida Department of Transportation
( "FDOT "), Palm Beach County and Seacoast Utility Authority.
Section 6. The Village Council's approval of the Water Club PUD is subject to the following
additional conditions:
Condominium Association:
A. Prior to the issuance of the first building permit for vertical construction, Applicant shall
submit the proposed Condominium Association documents to the Village Attorney for
review and shall obtain the Village Attorney's approval.
B. All streets, waterways, bulkheads, street lights and other infrastructure improvements
shall be private and maintained by the Condominium Association at the sole cost and
expense of the Association. All police, fire, emergency services and public works
vehicles shall be provided with access to such private roadways.
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Surety Requirement:
C. Prior to the issuance of the first infrastructure permit or first building permit for vertical
construction, whichever first occurs, Applicant shall provide the Village with a
performance bond, letter of credit, escrow agreement or other acceptable surety
agreement in a form and in an amount approved by the Village to assure completion of
on -site roadways, drainage and utility improvements required for the PUD. As
improvements are completed and accepted by the Village, the amount of the performance
bond, letter of credit, escrow agreement or other acceptable surety may be reduced by a
proportionate amount as determined by the Village Engineer.
Accessory Residential Dock Facility:
D. Applicant shall provide utilities to the accessory residential dock facility, including water,
sewer and electric. A sewage pump -out connection must be accessible for each dock slip
proposed. All docks, slips and piers located within the accessory residential dock facility
shall be deeded solely to, and be for the exclusive use of, unit owners within the PUD.
Live aboard vessels, fueling of vessels, and any commercial activity shall be prohibited
within the accessory residential dock facility.
Engineering:
E. Applicant shall adhere to a minimum first floor elevation of 11 feet msl (mean sea level)
to address flooding potential as set forth in Comprehensive Plan Amendment 07 -2.1.
F. Applicant shall submit a Letter of Map Amendment ( "LOMA ") to the Federal
Emergency Management Agency ( "FEMA ") if a map amendment is required to address
flooding potential due to the 16 foot change in on -site elevation.
G. Applicant shall obtain separate permits for all improvements constructed on the Property
and submit all items required for the review and issuance of such permits as set forth in
the DRC comments. Such separate permits include, but are not limited to, the following:
1. Paving, grading, drainage, and water and sewer improvements;
2. Site lighting;
3. Landscaping; and
4. Irrigation.
H. Prior to the issuance of a Certificate of Completion for the infrastructure permit issued by
the Village or the issuance of the first Certificate of Occupancy, whichever first occurs,
Applicant shall provide copies of the required concrete and density testing as required by
the FDOT standards to be reviewed and approved by the Village Engineer and provide
the Village Engineer with copies of all permits, permit applications and Requests for
Additional Information to and from regulatory agencies regarding issues concerning all
permit applications, certifications and approvals.
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I. Applicant shall comply with all EPA and FDEP National Pollution Discharge
Elimination System ( "NPDES ") permit requirements, including, but not limited to,
preparation of a stormwater pollution plan and identification of appropriate best
management practices as generally accepted by the EPA and /or local regulatory agencies
for construction activities, implementation of the approved plans, and inspection and
maintenance of controls during construction.
J. Prior to commencement of construction, Applicant shall provide all necessary
construction zone signage and Maintenance of Traffic ( "MOT "), staging area and fencing
plans and shall notify the Village Building Department at least seventy -two hours prior to
commencement of any work/construction activity so that the Police Department and Fire
Department can be notified of any potential road closures or restricted access.
K. Applicant shall comply with the conditions set forth in the Traffic Performance Standards
Review dated May 11, 2012 issued by the Palm Beach County Department of Engineering
and Public Works. No building permits shall be issued after the specified build -out date.
Adjacent Property:
L. Applicant shall add additional plant material to the landscape buffer in the southeast
quadrant of the Property to ensure that the townhomes are sufficiently screened from the
residential units located within Old Port Cove. Additionally, Applicant shall, prior to
engaging in any pile driving activities, take photographs of the adjacent residential units
located within Old Port Cove to later verify whether such activities caused damage to
such adjacent units.
M. Applicant shall complete installation of the south landscape buffer prior to the issuance of
the first building permit for vertical construction of the south tower or adjacent
townhouse units.
Sales Office:
N. The PUD approval relates solely to the approval of the proposed location of the sales
office as depicted on the approved site plan. Applicant shall be required to obtain a
separate approval for the sales center site plan, elevations and landscape plan from the
Planning Commission without the necessity of advertisement or public hearing. The
sales office shall be removed within 90 days of the issuance of the first Certificate of
Occupancy for the north tower. The Village Council may, in its sole and absolute
discretion, extend this deadline by resolution without the need to amend this Ordinance.
Signage:
O. All temporary and permanently located signs within the PUD shall be approved by the
Planning Commission without the necessity of advertisement or public hearing.
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Mechanical Screening:
P. Prior to the issuance of a Certificate of Occupancy for any principal structure, all rooftop
and ground- mounted mechanical equipment related to such structure shall be screened
from view utilizing material approved by the Village.
Construction Timeline:
Q. Applicant shall submit all building permit applications for infrastructure improvements
by March 1, 2014 and shall commence site development activities by June 1, 2014.
Applicant shall submit building permit applications for vertical construction of no less
than Phase One (defined as the South Tower and accessory residential dock facility) by
July 1, 2014 and shall commence construction of same by December 1, 2014. Applicant
shall submit applications for the balance of the vertical construction permits by July 1, 2015
and shall commence construction of same by December 1, 2015. The PUD shall be fully
completed by December 31, 2017. The Village Council may, in its sole and absolute
discretion, extend the deadlines prescribed in this paragraph by resolution without the
need to amend this Ordinance. Applicant acknowledges its obligation to monitor and
maintain all necessary exemption, capacity and provider guarantees through the life of
the project.
Prior Representations:
R. In granting this approval, the Village Council relied upon the oral and written
representations of the Applicant both on the record and as part of this application process.
Any deviation from such representations shall be considered a violation of this Ordinance.
Section 7. Applicant has previously satisfied all Village impact fee requirements pursuant to
Section 36 -23 of the Village Code of Ordinances. Applicant shall be required to satisfy all Palm
Beach County impact fee requirements.
Section 8. A violation of any of the requirements or conditions of this Ordinance shall be
enforced in the same manner as a violation of a Village Code provision or a Village Ordinance.
The Village Council hereby grants the Code Enforcement Special Magistrate jurisdiction to
preside over any violations of this Ordinance in accordance with Article VI, Chapter 2 of the
Village Code.
Section 9. The Village Council may approve minor modifications to the Planned Unit
Development by resolution without the necessity of review by the Planning Commission,
advertisement or public hearing. The following modifications shall not be considered minor:
A. Any increase in the total square footage or the footprint of any principal structure;
B. Any increase in the number of residential dwelling units;
C. Any change in the method of physical access to the Property;
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D. Any variance to the R -3 zoning regulations or additional waiver of the Village's land
development regulations;
E. Any increase in the overall building height of any principal structure beyond that
necessary to accommodate the installation of mechanical equipment (limited to four (4)
feet for the towers and two (2) feet for the townhouses);
F. Any relocation or reconfiguration of the parking areas resulting in a reduction of parking
spaces below the minimum number required for the project; and
G. Any change to the use of the recreational amenities.
Section 10. Each of the conditions and requirements of this Ordinance shall be binding upon
the Applicant and its successors in interest or assigns and shall be deemed covenants running
with the land. The Condominium Association documents shall include a statement that the
Property shall be developed in accordance with the conditions and requirements of this Ordinance.
Section 11. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 12. All ordinances, resolutions or prior development permits or approvals relating to
the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict.
Section 13. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 13th DAY OF DECEMBER, 2012.
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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