1991-29 Creates PUD Prosperity Harbour North1
ORDINANCE N0. 29`91
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY
HARBOR NORTH" UPON THOSE CERTAIN LANDS COMPRISING 33.42
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 SPECIFICLATIONS AS SET FORTH IN THE IN-
DEX ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH
PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HERE-
OF; PROVIDED FOR A PERIMETER LANDSCAPE PLAN WITH AUTO-
MATIC IRRIGATION; PROVIDING FOR A CASH CONTRIBUTION TO
THE VILLAGE AND CONVEYANCE OF TITLE TO THE REAL PROPERTY
KNOWN AS "ANCHORAGE PARK" TO THE VILLAGE AND CONSISTING
OF 3.2274 ACRES MORE OR LESS AS A CONDITION FOR THE APPROVAL
OF THE PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT
ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRA-
STRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND SHALL BE MAINTAINED
BY A PROPERTY OWNERS ASSOCLATION; 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 COMI~NCEMENT 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 OR 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
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Palm Beach, Florida, does hereby create a Planned Unit
Development known as "PROSPERITY HARBOR NORTH" upon the
lands described in Exhibit "A" attached hereto and made a
part hereof, said lands comprising 33.42 acres, more or less,
within the Village of North Palm Beach located east of
Prosperity Farms Road, north of Monet Road, South of Canal
' Drive and West of the Intracoastal Wate
~aY• The under-
lying zoning of the Planned Unit Development is R-1 Single-
familY Dweling District as provided by Appendix C- Zoning
of the Code of Ordinances of the Village of North Palm Beach.
Sect on 2• "PROSPERITY HARBOR NORTH" Planned Unit
Development shall be developed in accordance with the plans
and speifications 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. Individual lots shall comply with the following:
' The front yard shall be a minimum of 15 feet;
The side yard onaonebsidemshall be a2minimum of
10 feet;
The side yard on the other side may be 0 feet.
B• The minimum lot size shallbe 6,000 square feet.
C• Street rights-of-way may be a minimum of 40 feet
with a minimum of 24 feet wide pavement.
D• 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.
E• The minimum lot widths at the street right-of-
way line may be less than the subdivision code
requirements.
F• 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
Ordinance shall prevail. ~ the terms of this
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' Sect 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.
Sec~y, In lieu of the Petitioner dedicating five (5X)
percent or more of the area of the lands comprising the Planned.
Unit Development for public use, the Petitioner shall pay the
sum of $125,000.00 cash to the Village and the Petitioner
shall convey the fee simple title to the Village of North Palm
Beach in and to the real property known as "Anchorage park"
together with improvements thereon, located within the Village
and consisting of 3.2274 acres more or less. 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 property known as "Anchorage
Park", which 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 amount of appraised value of
"Anchorage Park" to be issued by a Florida licensed title insurer,
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' showing that Petitioner is conveying a marketable title
to the Village. Marketable title shall be determined
according to the applicable title standards adopted by
authority of The Florida Bar and in accordance with law. The
two (2) utility easements shown on the boundary survey by
Stanley Consultants of Florida, Inc., with revised date of
August 5, 1991, and certified September 3, 1991, shall not
be considered title defects.
The payment of the sum of $125,000.00, 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 "Anchorage Park" as specified
in Section 4 of this Ordinance and the payment of the sum of
$125,000.00 cash to the Village 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. 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 conveyance of real property and payment
' of the sum of $125,000.00 to the Village 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
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' 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 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.
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 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 or escrow agreement
or other acceptable surety agreement specified in Section 8 of
this Ordinance is filed with and approved by the Village Manager.
Section 8. Prior to the issuance of a building permit for
t any structure or building upon the real property described in
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Exhibit "A", the Petitioner shall provide the Village with
' a performance bond, letter of credit or 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 or
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 or
escrow agreement or other acceptable surety agreement.
Section 9. The development of the Planned Unit Development
shall be commenced within three (3) years form the effective
date hereof; provided, however, Petitioner may obtain an exten-
sion 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 Develop-
ment shall be completed within ten (10) years. If Petitioner
fails to commence development or complete 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
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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.
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
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.
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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 des-
, cribed 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 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
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t communities and the potential degradation/depletion of potable
and irrigation quality groundwater.
Section 18. If any part or pmrtiion 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 con-
flict herewith are hereby repealed.
Section 20. 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 ,7~ y 1991.
' PLACED ON PUBLIC HEARING THIS 1~DAY OF _ PT MB R 1991.
PLACED ON SECOND, FINAL READING AND PASSED THIS 19th DAY
OF CFPTFMRER , 1991.
R
(Village Seal)
ATTEST:
VILLAGE CLERK
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EXHIBIT "A"
PROPERTY DESCRIPTION: PARCEL A
A parcel of land lying in Section 5, Township 42 South, Range 43 East, Palm
Beach County, Florida, and being more particularly described as follows:
That part of the North Half (N 1/2) of the South Half (S 1/2) of the
Southeast Quarter (SE 1/4) of said Section 5 lying westerly of the West
Right-of-Way line of the Intracoastal Waterway and lying East of the
easterly Right-of-Way line of Prosperity Farms road, as shown in Road Plat
Book 2, pages 136 and 137;
TOGETHER WITH the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW
1/4) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of
Section 5;
TOGETHER WITH that part of the North 169.5 feet of the West Half (W 1/2) of
the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of the
Southeast Quarter (SE 1/4) of Section 5 lying easterly of the East line of
those lands described in Deed Book 877, Page 439, Palm Beach County
records;
TOGETHER WITH the West Half (W 1/2) of the West Half (W 1/2) of the
,Southeast Quarter (SE 1/4)~ of the Southwest Quarter (SW 1/4) of the
Southeast Quarter (SE 1/4) of said Section 5;
TOGETHER WITH the West thirty feet (30') of the following described parcel:
Commencing at the center of said Section 5; thence easterly along the
East-West Quarter Section line a distance of 1,293.76 feet to the Northwest
corner of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4)
of said Section 5; thence South 00 degrees 08' 30" West along the West line
of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of
Section 5, (the west line of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) of Section 5 is assumed to bear South 00 degrees
08' 30" West and all other bearings are relative thereto) a distance of
1,343.65 feet to the Southwest corner of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) of Section 5 and the POINT OF BEGINNING of
the herein described parcel; thence South 88 degrees 16' 41" East along the
South line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE
1/4) of the Southeast Quarter (,SE 1/4) of Section 5 a distance of 144.46
feet; thence North 02 degrees 13' S4" West, a distance of 157.46 feet;
thence North 88 degrees 16' 41" West, a distance of 137.95 feet; thence
South 00 degrees 08' 30" West, a distance of 157.15 .feet to the POINT OF
BEGINNING.
ESS a parcel of land conveyed to the county of Palm Beach, Florida as
Described in Official Record Book 6428, Page 443, Public ,Records of Palm
3each County, Florida.
Containing. in all 33.4 acres more or less.
EXHIBIT "B"
Plans entitled "Prosperity Harbor" prepared by CYP
Architecture & Planning consisting of one (1) sheet
bearing latest revision date of September 5, 1991, and a
second sheet also prepared by CYP Architecture & Planning
entitled "Anchorage Park" bearing latest revision date of
July 19, 1991.
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