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2016-03 Water Club PUD_Amended and RestatedORDINANCE NO. 2016-03 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE WATER CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT TO INCLUDE AN ADDITIONAL RESIDENTIAL TOWER AND RELATED IMPROVEMENTS AS PHASE II; REPEALING ORDINANCE NO. 2013 -01 AND SIMULTANEOUSLY APPROVING AN AMENDED AND RESTATED WATER CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 8.26 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 THE 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, though the adoption of Ordinance No. 2013 -01, the Village Council approved the creation of the Water Club Residential Planned Unit Development ( "PUD ") on approximately seven acres of 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 (hereinafter referred to as "Phase I "); and WHEREAS, Thomas Engineering Group, LLC, on behalf of Domani Development, LLC, the property owner (collectively "Applicant "), has requested an amendment to the Water Club Residential PUD to include a 1.26 acre parcel of property, as described in Exhibit "A" attached hereto and incorporated herein, for the construction of an additional residential tower and related improvements (hereinafter referred to as "Phase II "); and WHEREAS, upon the effective date of Ordinance No. 2015 -17, the Property (including both Phase I and Phase II) will have a future land use classification of High Density Residential and a zoning designation of R -3 (Apartment Dwelling); and WHEREAS, Applicant wishes to construct a total of 172 condominium units within three towers and an additional 20 townhome units, for a total of 192 residential units; and WHEREAS, on November 3, 2015, the Village Planning Commission, sitting as the Local Planning Agency, conducted a public hearing and recommended approval of the amended Water Club PUD; and WHEREAS, the Village Council determines that the amended Water Club PUD 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 Page 1 of 9 WHEREAS, the Village Council wishes to approve an amended and restated Water Club PUD in \ accordance with the plans and specifications submitted by Applicant, subject to the approved l modifications or "waivers" to the Village's land development regulations and the conditions of approval imposed by the Village Council. WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests of the residents and citizens of the Village of North Palm Beach. 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 repeals Ordinance No. 2013 -10 and simultaneously approves an amended and restated Water Club Residential Planned Unit Development on approximately 8.26 acres of real property, consisting of 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 (Phase I) and the additional parcel of real property described in Exhibit "A" attached hereto and incorporated herein (Phase 11) (collectively "Property "). Section 3. Applicant shall develop the Water Club PUD in accordance with the following plans and specifications on file with the Village's Community Development Department: A. Architectural Plans prepared by BC Architects AIA, Inc. dated August 11, 2015 (unless otherwise indicated below), consisting of the following: Z0.00 Cover Sheet (Revised) dated November 18, 2015 Z1.00 Master Site Plan (Revised) dated November 18, 2015 Z1.01 Combined Site Data (Revised) dated November 18, 2015 Z1.02 Phase I Data (Revised) dated November 18, 2015 Z1.03 Phase II Data (Revised) dated November 18, 2015 Z2.00 Phase I — Partial Site Plan (Revised) dated November 18, 2015 Z2.00a Phase I — Partial Site Plan (Revised) dated November 18, 2015 Z2.01 Phase I — Garage Level 1 Z2.02 Phase I — Garage Level 2 Z2.03 Phase I — First Floor Plaza Z2.04 Phase I — Typical Floors 4 through 16 Z2.05 Phase I — Floor 17 Z2.06 Phase I — Floors 18 and 19 Z2.07 Phase I — Main Roof Level Z2.10 Phase II — Site Plan (Revised) dated November 18, 2015 Z2.11 Phase II — Garage Level 1 (Revised) dated November 18, 2015 Z2.12 Phase 11— Garage Level 2 (Revised) dated November 18, 2015 Z2.13 Phase II — First Floor Plaza Z2.14 Phase II — Floor 2 (Revised) dated November 18, 2015 Z2.15 Phase II — Floors 3 through 16 (Revised) dated November 18, 2015 Z2.16 Phase II — Main Roof Level (Revised) dated November 18, 2015 Z3.00 Phase I — Building 1 — South Elevation Z3.01 Phase I — Building 1 — North Elevation Page 2 of 9 Z3.02 Phase I - Building 1 - East Elevation \ Z3.03 Phase I - Building 1 - West Elevation Z3.04 Phase I - Building 2 - South Elevation Z3.05 Phase I - Building 2 - North Elevation Z3.06 Phase I - Building 2 - East Elevation Z3.07 Phase I - Building 2 - West Elevation Z3.10 Phase II - Building 6 - West Elevation (Revised) dated November 18, 2015 Z3.11 Phase II - Building 6 - South Elevation (Revised) dated November 18, 2015 Z3.12 Phase II - Building 6 - East Elevation (Revised) dated November 18, 2015 Z3.13 Phase II - Building 6 - North Elevation (Revised) dated November 18, 2015 Z4.01 Phase I - Buildings 1 and 2 - Building Section Z4.10 Phase 11- Building 6 - Building Section Z5.00 Phase I - Club House Floor Plan Z5.01 Phase I - Club House Elevations Z5.02 Phase I - Gatehouse Plan, Elevation and Sections B. Architectural plans prepared by Randall Stofft Architects dated October 3, 2014 (Permit Set), consisting of the following: Z6.01 Building 3 - Ground Floor Plan Z6.02 Building 3 - Second Floor Plan Z6.03 Building 3 - Third Floor Plan Z6.04 Building 3 - Roof Plan Z6.05 Building 3 - Building Elevations Z6.06 Building 3 - Building Elevations Z6.07 Building 3 - Building Elevations Z6.08 Building 4 - Ground Floor Plan Z6.09 Building 4 - Second Floor Plan Z6.10 Building 4 - Third Floor Plan Z6.11 Building 4 - Roof Plan Z6.12 Building 4 - Building Elevations Z6.13 Building 4 - Building Elevations Z6.14 Building 5 - Level One Z6.15 Building 5 - Level Two Z6.16 Building 5 - Roof Plan Z6.17 Building 5 - Elevation C. Landscape plans prepared by Intuitive Design consisting of eight pages (LP -1 through LP -8) dated April 30, 2014 and last revised May 15, 2015. Pages LP -1, LP -7 and LP -8 were revised on November 18, 2015 to show the modification of the south egress lane, the elimination of 'the connection to Cove Plaza, and the updated landscaping on the south wall elevation. [Remainder of page intentionally blank] Page 3 of 9 D. Photometric plans prepared by Main Street Engineering dated March 27, 2014, consisting of the following: PH -1 Photometric Site Plan (Revised) dated November 24, 2015 PH -2 Enlarged Photometric Plan PH -3 Enlarged Photometric Plan and Table PH -4 Pole and Fixture Detail PH -5 Enlarged Photometric Plan (Revised) dated November 24, 2015 E. Engineering Plans prepared by Thomas Engineering Group dated August 10, 2015 (last revised on November 19, 2015) and consisting of the following: C -01 Overall Paving, Grading and Drainage Plan C -02 Phase II Paving, Grading and Drainage Plan C -03 Overall Utility Plan C -04 Phase II Utility Plan F. Boundary (ALTA/ACSM Land Title) Survey prepared by Caulfield and Wheeler, Inc. dated May 29, 2012, and a Specific Purpose Survey prepared by Caulfield and Wheeler, Inc. dated December 22, 2014. 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(1) 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 located a minimum of 7'11 " from U.S. Highway One) (Phases I and II) and the construction of the porte cochere for the third residential tower (porte cochere located 89'9" from U.S. Highway One (Phase II). B. Waiver from Section 45- 30.D(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) (Phase I). 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 241' 1" as per the permit obtained from the Army Corps of Engineers on January 17, 2014) (Phase I). 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) (Phase I). E. Waiver from Section 45 -30.13 and Section 45- 30.1)(3) of the Village Code to allow for a 16 inch encroachment into the required 95 foot side setback for the northernmost tower (Phase I) and a 35 inch encroachment into the required 80 foot side setback for the third residential tower (Phase II). Page 4 of 9 F. Waiver from Section 45 -36.D of the Village Code to allow for the construction of the j \ site wall in excess of four feet due to variations in the grade (height varies from 6 feet to 11'4 ") i (Phases I and II). 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, 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: Platting: A. Applicant shall prepare, submit for approval and record in the public records an amended Plat including the entire Property in accordance with all applicable codes and regulations prior to the issuance of the first building permit for Phase II. Prior to Village approval of the plat, Applicant shall pay to the Village a fee equal to the fair market value of five percent (5 %) of the property described in Exhibit "A" (Phase II) in accordance with Section 36 -23 of the Village Code of Ordinances. Condominium Association: B. Prior to the issuance of the first building permit for vertical construction of Phase II, Applicant shall submit revised Condominium Association documents to the Village Attorney for review and shall obtain the Village Attorney's approval. C. 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. Surety Requirement: D. Prior to the issuance of the first infrastructure permit or first building permit for Phase II, 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 relating to the third residential tower. 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. Page 5 of 9 Accessory Residential Dock Facility: \ E. Applicant shall provide utilities to the accessory residential dock facility, including water, sewer and electric. A sewage pump -out connection will be provided at a location adjacent to the designated "day dock" available to residents. 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: F. 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. G. 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. H. 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. I. Prior to the issuance of a Certificate of Completion for the infrastructure permit issued by the Village for Phase II 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. J. 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. K. Prior to commencement of construction for Phase II, 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. Page 6 of 9 L. For Phase I, 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. Applicant has submitted a request for Traffic Performance Standards Review for Phase II and shall comply with all conditions imposed by the County as a result of such review. No building permits shall be issued after the build -out date specified by the County. M. The southernmost driveway connection to U.S. Highway One (Phase II) shall be utilized solely for emergency vehicle egress. Sales Office: N. 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 permanent signs located within the PUD shall be approved by the Planning Commission without the necessity of advertisement or public hearing. 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. Phase I shall be fully completed by December 31, 2017. Applicant shall submit all building permit applications for infrastructure improvements for Phase II by March 1, 2017 and shall commence site development activities by June 1, 2017. Applicant shall submit building permit applications for vertical construction by July 1, 2017 and shall commence construction of same by December 1, 2017. Phase II shall be fully completed by December 31, 2018. 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. Page 7 of 9 Section 6. Applicant shall be required to satisfy all Palm Beach County impact fee \ requirements. Applicant shall also be required to satisfy all Village impact fee requirements for Phase II (Phase I requirements have previously been satisfied). Section 7. 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. Additionally, 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 8. 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; 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 9. Each of the conditions and requirements of this Ordinance shall be binding upon 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 10. 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 11. 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 12. This Ordinance shall take effect upon the effective date of Ordinance 2015 -17. Page 8 of 9 PLACED ON FIRST READING THIS 10TH DAY OF DECEMBER, 2015. J PLACED ON SECOND, FINAL READING AND PASSED THIS 14TH DAY OF JANUARY, 2016. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 9 of 9 MAY Exhibit "A" A parcel of land in Section 9, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the Easterly Right -of -Way line of State Road No. 5 as same is shown on map recorded in Road Plat Book 2, Pages 105 -108, Public Records of Palm Beach County, Florida, with the South line Government Lot 8 in Section 4; run thence South 88 °23'35" East along said Government Lot Line a distance of 412.23 feet; thence South 01 °36'25" West 87.00 feet; thence South 88 °23'35" East 7.00 feet; thence South 01 °36'25" West 66.0 feet to a point in a curve concave to the Southeast having a radius of 25.00 feet and a central angle of 90 °00'00 "; thence Southwesterly along the arc of said curve 39.27 feet to the end of said curve; thence South 01 °36'25" West 36.10 feet; thence North 21 °35'40" West 86.06 feet; thence North 88 °23'35" West 69.89 feet; thence North 01 °36'25" East 0.95 feet; thence North 88 °23'35" West 18.63 feet; thence South 01 °36'25" West 21.00 feet; thence North 88 °23'35" West 48.00 feet, more or less, to a point in Easterly line of Parcel 1 as same is described in O.R. Book 1907, Page 981, Public Records of Palm Beach County, Florida; thence North 21 °35'40" West 105.53 feet to a point in a curve concave to the Southeast having a radius of 25.00 feet and a central angle of 23 °09'08 "; thence Southwesterly along the arc of said curve 10.10 feet to a point in the Easterly Right -of -Way line of State Road No. 5 (tangent of 25.0 foot curve bears North 52 °08'43" East at this point); thence North 21'36'40" West along said right -of -way line 71.48 feet, more of less to the point of beginning.